SUBCHAPTER F—AIR TRAFFIC AND GENERAL OPERATING RULES

PART 91—GENERAL OPERATING 91.125 ATC light signals. 91.126 Operating on or in the vicinity of an AND FLIGHT RULES in Class G . 91.127 Operating on or in the vicinity of an SPECIAL FEDERAL AVIATION REGULATION NO. airport in Class E airspace. 50–2 91.129 Operations in Class D airspace. SPECIAL FEDERAL AVIATION REGULATION NO. 91.130 Operations in Class C airspace. 60 91.131 Operations in Class B airspace. SPECIAL FEDERAL AVIATION REGULATION NO. 91.133 Restricted and prohibited areas. 97 91.135 Operations in Class A airspace. SPECIAL FEDERAL AVIATION REGULATION NO. 91.137 Temporary flight restrictions in the 104 vicinity of disaster/hazard areas. SPECIAL FEDERAL AVIATION REGULATION NO. 91.138 Temporary flight restrictions in na- 118–2 tional disaster areas in the State of Ha- waii. Subpart A—General 91.139 Emergency air traffic rules. 91.141 Flight restrictions in the proximity Sec. of the Presidential and other parties. 91.1 Applicability. 91.143 Flight limitation in the proximity of 91.3 Responsibility and authority of the space flight operations. pilot in command. 91.144 Temporary restriction on flight oper- 91.5 Pilot in command of aircraft requiring ations during abnormally high baro- more than one required pilot. metric pressure conditions. 91.7 Civil aircraft . 91.145 Management of aircraft operations in 91.9 Civil aircraft flight manual, marking, the vicinity of aerial demonstrations and and placard requirements. major sporting events. 91.11 Prohibition on interference with crew- 91.146 Passenger-carrying flights for the members. benefit of a charitable, nonprofit, or 91.13 Careless or reckless operation. community event. 91.15 Dropping objects. 91.147 Passenger carrying flights for com- 91.17 Alcohol or drugs. pensation or hire. 91.19 Carriage of narcotic drugs, marihuana, 91.148–91.149 [Reserved] and depressant or stimulant drugs or substances. 91.21 Portable electronic devices. 91.151 Fuel requirements for flight in VFR 91.23 Truth-in-leasing clause requirement in conditions. leases and conditional sales contracts. 91.153 VFR flight plan: Information re- 91.25 Reporting Program: quired. Prohibition against use of reports for en- 91.155 Basic VFR weather minimums. forcement purposes. 91.157 Special VFR weather minimums. 91.27–91.99 [Reserved] 91.159 VFR cruising altitude or . 91.161 Special awareness training required Subpart B—Flight Rules for pilots flying under visual flight rules within a 60-nautical mile radius of the GENERAL Washington, DC VOR/DME. 91.101 Applicability. 91.162–91.165 [Reserved] 91.103 Preflight action. INSTRUMENT FLIGHT RULES 91.105 Flight crewmembers at stations. 91.107 Use of safety belts, shoulder har- 91.167 Fuel requirements for flight in IFR nesses, and child restraint systems. conditions. 91.109 Flight instruction; Simulated instru- 91.169 IFR flight plan: Information required. ment flight and certain flight tests. 91.171 VOR equipment check for IFR oper- 91.111 Operating near other aircraft. ations. 91.113 Right-of-way rules: Except water op- 91.173 ATC clearance and flight plan re- erations. quired. 91.115 Right-of-way rules: Water operations. 91.175 Takeoff and landing under IFR. 91.117 Aircraft speed. 91.176 Straight-in landing operations below 91.119 Minimum safe altitudes: General. DA/DH or MDA using an enhanced flight 91.121 Altimeter settings. vision system (EFVS) under IFR. 91.123 Compliance with ATC clearances and 91.177 Minimum altitudes for IFR oper- instructions. ations.

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91.179 IFR cruising altitude or flight level. 91.323 Increased maximum certificated 91.180 Operations within airspace des- weights for certain airplanes operated in ignated as Reduced Vertical Separation Alaska. Minimum airspace. 91.325 Primary category aircraft: Operating 91.181 Course to be flown. limitations. 91.183 IFR communications. 91.326 [Reserved] 91.185 IFR operations: Two-way radio com- 91.327 Aircraft having a special airworthi- munications failure. ness certificate in the light-sport cat- 91.187 Operation under IFR in controlled egory: Operating limitations. airspace: Malfunction reports. 91.328–91.399 [Reserved] 91.189 Category II and III operations: Gen- eral operating rules. 91.191 Category II and Category III manual. Subpart E—Maintenance, Preventive 91.193 Certificate of authorization for cer- Maintenance, and Alterations tain Category II operations. 91.195–91.199 [Reserved] 91.401 Applicability. 91.403 General. Subpart C—Equipment, Instrument, and 91.405 Maintenance required. Certificate Requirements 91.407 Operation after maintenance, preven- tive maintenance, rebuilding, or alter- 91.201 [Reserved] ation. 91.203 Civil aircraft: Certifications required. 91.409 Inspections. 91.205 Powered civil aircraft with standard 91.410 [Reserved] category U.S. airworthiness certificates: 91.411 Altimeter system and altitude report- Instrument and equipment requirements. ing equipment tests and inspections. 91.207 Emergency locator transmitters. 91.413 ATC transponder tests and inspec- 91.209 Aircraft lights. tions. 91.211 Supplemental oxygen. 91.213 Inoperative instruments and equip- 91.415 Changes to aircraft inspection pro- ment. grams. 91.215 ATC transponder and altitude report- 91.417 Maintenance records. ing equipment and use. 91.419 Transfer of maintenance records. 91.217 Data correspondence between auto- 91.421 Rebuilt engine maintenance records. matically reported pressure altitude data 91.423–91.499 [Reserved] and the pilot’s altitude reference. 91.219 Altitude alerting system or device: Subpart F—Large and Turbine-Powered Turbojet-powered civil airplanes. Multiengine Airplanes and Fractional 91.221 Traffic alert and collision avoidance Ownership Program Aircraft system equipment and use. 91.223 Terrain awareness and warning sys- 91.501 Applicability. tem. 91.503 Flying equipment and operating in- 91.225 Automatic Dependent Surveillance- formation. Broadcast (ADS–B) Out equipment and 91.505 Familiarity with operating limita- use. tions and emergency equipment. 91.227 Automatic Dependent Surveillance- 91.507 Equipment requirements: Over-the- Broadcast (ADS–B) Out equipment per- top or night VFR operations. formance requirements. 91.228–91.299 [Reserved] 91.509 Survival equipment for overwater op- erations. Subpart D—Special Flight Operations 91.511 Communication and navigation equipment for overwater operations. 91.301 [Reserved] 91.513 Emergency equipment. 91.303 Aerobatic flight. 91.515 Flight altitude rules. 91.305 Flight test areas. 91.517 Passenger information. 91.307 Parachutes and parachuting. 91.519 Passenger briefing. 91.309 Towing: Gliders and unpowered ultra- 91.521 Shoulder harness. light vehicles. 91.523 Carry-on baggage. 91.311 Towing: Other than under § 91.309. 91.313 Restricted category civil aircraft: Op- 91.525 Carriage of cargo. erating limitations. 91.527 Operating in icing conditions. 91.315 Limited category civil aircraft: Oper- 91.529 Flight engineer requirements. ating limitations. 91.531 Second in command requirements. 91.317 Provisionally certificated civil air- 91.533 Flight attendant requirements. craft: Operating limitations. 91.535 Stowage of food, beverage, and pas- 91.319 Aircraft having experimental certifi- senger service equipment during aircraft cates: Operating limitations. movement on the surface, takeoff, and 91.321 Carriage of candidates in elections. landing.

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91.537–91.599 [Reserved] 91.859 Modification to meet Stage 3, Stage 4, or Stage 5 noise levels. Subpart G—Additional Equipment and Op- 91.861 Base level. erating Requirements for Large and 91.863 Transfers of Stage 2 airplanes with Transport Category Aircraft base level. 91.865 Phased compliance for operators with 91.601 Applicability. base level. 91.603 Aural speed warning device. 91.867 Phased compliance for new entrants. 91.605 Transport category civil airplane 91.869 Carry-forward compliance. weight limitations. 91.871 Waivers from interim compliance re- 91.607 Emergency exits for airplanes car- quirements. rying passengers for hire. 91.873 Waivers from final compliance. 91.609 Flight data recorders and cockpit 91.875 Annual progress reports. voice recorders. 91.877 Annual reporting of Hawaiian oper- 91.611 Authorization for ferry flight with ations. one engine inoperative. 91.879–91.880 [Reserved] 91.613 Materials for compartment interiors. 91.881 Final compliance: Civil subsonic jet 91.615–91.699 [Reserved] airplanes weighing 75,000 pounds or less. 91.883 Special flight authorizations for jet Subpart H—Foreign Aircraft Operations airplanes weighing 75,000 pounds or less. and Operations of U.S.-Registered Civil 91.884–91.899 [Reserved] Aircraft Outside of the ; and Rules Governing Persons on Board Subpart J—Waivers Such Aircraft 91.901 [Reserved] 91.701 Applicability. 91.903 Policy and procedures. 91.702 Persons on board. 91.905 List of rules subject to waivers. 91.703 Operations of civil aircraft of U.S. 91.907–91.999 [Reserved] registry outside of the United States. 91.705 [Reserved] Subpart K—Fractional Ownership 91.706 Operations within airspace designed Operations as Reduced Vertical Separation Min- 91.1001 Applicability. imum Airspace. 91.1002 Compliance date. 91.707 Flights between or Canada 91.1003 Management contract between and the United States. owner and program manager. 91.709 Operations to Cuba. 91.1005 Prohibitions and limitations. 91.711 Special rules for foreign civil air- 91.1007 Flights conducted under part 121 or craft. part 135 of this chapter. 91.713 Operation of civil aircraft of Cuban 91.1009 Clarification of operational control. registry. 91.1011 Operational control responsibilities 91.715 Special flight authorizations for for- and delegation. eign civil aircraft. 91.1013 Operational control briefing and ac- 91.717–91.799 [Reserved] knowledgment. Subpart I—Operating Noise Limits 91.1014 Issuing or denying management specifications. 91.801 Applicability: Relation to part 36. 91.1015 Management specifications. 91.803 Part 125 operators: Designation of ap- 91.1017 Amending program manager’s man- plicable regulations. agement specifications. 91.805 Final compliance: Subsonic airplanes. 91.1019 Conducting tests and inspections. 91.807–91.813 [Reserved] 91.1021 Internal safety reporting and inci- 91.815 Agricultural and fire fighting air- dent/accident response. planes: Noise operating limitations. 91.1023 Program operating manual require- 91.817 Civil aircraft sonic boom. ments. 91.819 Civil supersonic airplanes that do not 91.1025 Program operating manual contents. comply with part 36. 91.1027 Recordkeeping. 91.821 Civil supersonic airplanes: Noise lim- 91.1029 Flight scheduling and locating re- its. quirements. 91.823–91.849 [Reserved] 91.1031 Pilot in command or second in com- 91.851 Definitions. mand: Designation required. 91.853 Final compliance: Civil subsonic air- 91.1033 Operating information required. planes. 91.1035 Passenger awareness. 91.855 Entry and nonaddition rule. 91.1037 Large transport category airplanes: 91.857 Stage 2 operations outside of the 48 Turbine engine powered; Limitations; contiguous United States. Destination and alternate . 91.858 Special flight authorizations for non- 91.1039 IFR takeoff, approach and landing revenue Stage 2 operations. minimums.

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91.1041 Aircraft proving and validation 91.1111 Maintenance training. tests. 91.1113 Maintenance recordkeeping. 91.1043 [Reserved] 91.1115 Inoperable instruments and equip- 91.1045 Additional equipment requirements. ment. 91.1047 Drug and alcohol misuse education 91.1411 Continuous airworthiness mainte- program. nance program use by fractional owner- 91.1049 Personnel. ship program manager. 91.1050 Employment of former FAA employ- 91.1413 CAMP: Responsibility for airworthi- ees. ness. 91.1051 Pilot safety background check. 91.1415 CAMP: Mechanical reliability re- 91.1053 Crewmember experience. ports. 91.1055 Pilot operating limitations and pair- 91.1417 CAMP: Mechanical interruption ing requirement. summary report. 91.1057 Flight, duty and rest time require- 91.1423 CAMP: Maintenance organization. ments; All crewmembers. 91.1425 CAMP: Maintenance, preventive 91.1059 Flight time limitations and rest re- maintenance, and alteration programs. quirements: One or two pilot crews. 91.1427 CAMP: Manual requirements. 91.1061 Augmented flight crews. 91.1429 CAMP: Required inspection per- 91.1062 Duty periods and rest requirements: sonnel. Flight attendants. 91.1431 CAMP: Continuing analysis and sur- 91.1063 Testing and training: Applicability veillance. and terms used. 91.1433 CAMP: Maintenance and preventive 91.1065 Initial and recurrent pilot testing maintenance training program. requirements. 91.1435 CAMP: Certificate requirements. 91.1067 Initial and recurrent flight attend- 91.1437 CAMP: Authority to perform and ap- ant crewmember testing requirements. prove maintenance. 91.1069 Flight crew: Instrument proficiency 91.1439 CAMP: Maintenance recording re- check requirements. quirements. 91.1071 Crewmember: Tests and checks, 91.1441 CAMP: Transfer of maintenance grace provisions, training to accepted records. standards. 91.1443 CAMP: Airworthiness release or air- 91.1073 Training program: General. craft maintenance log entry. 91.1075 Training program: Special rules. 91.1077 Training program and revision: Ini- Subpart L—Continued Airworthiness and tial and final approval. Safety Improvements 91.1079 Training program: Curriculum. 91.1081 Crewmember training requirements. 91.1501 Purpose and definition. 91.1083 Crewmember emergency training. 91.1503 [Reserved] 91.1085 Hazardous materials recognition 91.1505 Repairs assessment for pressurized training. fuselages. 91.1087 Approval of aircraft simulators and 91.1507 Fuel tank system inspection pro- other training device. gram. 91.1089 Qualifications: Check pilots (air- craft) and check pilots (simulator). Subpart M—Special Federal Aviation 91.1091 Qualifications: Flight instructors Regulations (aircraft) and flight instructors (simu- lator). 91.1603 Special Federal Aviation Regulation 91.1093 Initial and transition training and No. 112—Prohibition Against Certain checking: Check pilots (aircraft), check Flights in the Tripoli Flight Information pilots (simulator). Region (FIR) (HLLL). 91.1095 Initial and transition training and 91.1605 Special Federal Aviation Regulation checking: Flight instructors (aircraft), No. 77—Prohibition Against Certain flight instructors (simulator). Flights in the Baghdad Flight Informa- 91.1097 Pilot and flight attendant crew- tion Region (FIR) (ORBB). member training programs. 91.1607 Special Federal Aviation Regulation 91.1099 Crewmember initial and recurrent No. 113—Prohibition Against Certain training requirements. Flights in Specified Areas of the 91.1101 Pilots: Initial, transition, and up- Dnipropetrovsk Flight Information Re- grade ground training. gion (FIR) (UKDV). 91.1103 Pilots: Initial, transition, upgrade, § 91.1609 Special Federal Aviation Regula- requalification, and differences flight tion No. 114—Prohibition Against Cer- training. tain Flights in the Damascus Flight In- 91.1105 Flight attendants: Initial and transi- formation Region (FIR) (OSTT). tion ground training. 91.1611 Special Federal Aviation Regulation 91.1107 Recurrent training. No. 115—Prohibition Against Certain 91.1109 : Inspection Flights in Specified Areas of the Sanaa program. Flight Information Region (FIR) (OYSC).

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91.1613 Special Federal Aviation Regulation MSL within an area bounded by a line begin- No. 107—Prohibition Against Certain ning at lat. 36°09′30″ N., long. 114°03′00″ W.; Flights in the Territory and Airspace of northeast to lat. 36°14′00″ N., long. 113°09′50″ Somalia. W.; thence northeast along the boundary of 91.1615 Special Federal Aviation Regulation the Grand Canyon National Park to lat. No. 79—Prohibition Against Certain 36°24′47″ N., long. 112°52′00″ W.; to lat. 36°30′30″ Flights in the Pyongyang Flight Infor- N., long. 112°36′15″ W. to lat. 36°21′30″ N., long. mation Region (FIR) (ZKKP). 112°00′00″ W. to lat. 36°35′30″ N., long. 111°53′10″ 91.1617 Special Federal Aviation Regulation W., to lat. 36°53′00″ N., long. 111°36′45″ W. to No. 117—Prohibition Against Certain lat. 36°53′00″ N., long. 111°33′00″ W.; to lat. Flights in the Tehran Flight Information 36°19′00″ N., long. 111°50′50″ W.; to lat. 36°17′00″ Region (FIR) (OIIX). N., long. 111°42′00″ W.; to lat. 35°59′30″ N., long. 111°42′00″ W.; to lat. 35°57′30″ N., long. Subpart N—Mitsubishi MU–2B Series Spe- 112°03′55″ W.; thence counterclockwise via the cial Training, Experience, and Oper- 5 statute mile radius of the Grand Canyon ° ′ ″ ating Requirements Airport airport reference point (lat. 35 57 09 N., long. 112°08′47″ W.) to lat. 35°57′30″ N., 91.1701 Applicability. long. 112°14′00″ W.; to lat. 35°57′30″ N., long. 91.1703 Compliance and eligibility. 113°11′00″ W.; to lat. 35°42′30″ N., long. 91.1705 Required pilot training. 113°11′00″ W.; to 35°38′30″ N.; long. 113°27′30″ 91.1707 Training program hours. W.; thence counterclockwise via the 5 stat- 91.1709 Training program approval. ute mile radius of the Peach Springs 91.1711 Aeronautical experience. VORTAC to lat. 35°41′20″ N., long. 113°36′00″ 91.1713 Instruction, checking, and evalua- W.; to lat. 35°55′25″ N., long. 113°49′10″ W.; to tion. lat. 35°57′45″ N., 113°45′20″ W.; thence north- 91.1715 Currency requirements and flight re- west along the park boundary to lat. 36°02′20″ view. N., long. 113°50′15″ W.; to 36°00′10″ N., long. 91.1717 Operating requirements. 113°53′45″ W.; thence to the point of begin- 91.1719 Credit for prior training. ning. 91.1721 Incorporation by reference. Section 3. Aircraft operations: general. Ex- APPENDIX A TO PART 91—CATEGORY II OPER- cept in an emergency, no person may operate ATIONS: MANUAL, INSTRUMENTS, EQUIP- an aircraft in the Special Flight Rules, Area MENT, AND MAINTENANCE under VFR on or after September 22, 1988, or APPENDIX B TO PART 91—AUTHORIZATIONS TO under IFR on or after April 6, 1989, unless the EXCEED MACH 1 (§ 91.817) operation— APPENDIX C TO PART 91 [RESERVED] (a) Is conducted in accordance with the fol- APPENDIX D TO PART 91—AIRPORTS/LOCA- lowing procedures: TIONS: SPECIAL OPERATING RESTRICTIONS NOTE: The following procedures do not re- APPENDIX E TO PART 91—AIRPLANE FLIGHT lieve the pilot from see-and-avoid responsi- RECORDER SPECIFICATIONS bility or compliance with FAR 91.119. APPENDIX F TO PART 91—HELICOPTER FLIGHT (1) Unless necessary to maintain a safe dis- RECORDER SPECIFICATIONS tance from other aircraft or terrain— APPENDIX G TO PART 91—OPERATIONS IN RE- (i) Remain clear of the areas described in DUCED VERTICAL SEPARATION MINIMUM Section 4; and (RVSM) AIRSPACE (ii) Remain at or above the following alti- AUTHORITY: 49 U.S.C. 106(f), 106(g), 40101, tudes in each sector of the canyon: 40103, 40105, 40113, 40120, 44101, 44111, 44701, Eastern section from Lees Ferry to North 44704, 44709, 44711, 44712, 44715, 44716, 44717, Canyon and North Canyon to Boundary 44722, 46306, 46315, 46316, 46504, 46506–46507, Ridge: as prescribed in Section 5. 47122, 47508, 47528–47531, 47534, Pub. L. 114–190, Boundary Ridge to Supai Point 130 Stat. 615 (49 U.S.C. 44703 note); articles 12 (Yumtheska Point): 10,000 feet MSL. and 29 of the Convention on International Western section from Diamond Creek to Civil Aviation (61 Stat. 1180), (126 Stat. 11). the Grant Wash Cliffs: 8,000 feet MSL. (2) Proceed through the four flight cor- SPECIAL FEDERAL AVIATION REGULATION ridors describe in Section 4 at the following NO. 50–2—SPECIAL FLIGHT RULES IN altitudes unless otherwise authorized in writing by the responsible Flight Standards THE VICINITY OF THE GRAND CANYON office: NATIONAL PARK, AZ Northbound Section 1. Applicability. This rule prescribes special operating rules for all persons oper- 11,500 or ating aircraft in the following airspace, des- 13,500 feet MSL ignated as the Grand Canyon National Park Southbound Special Flight Rules Area: That airspace extending upward from the >10,500 or surface up to but not including 14,500 feet >12,500 feet MSL

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(b) Is authorized in writing by the respon- 35°59′30″ N., Long. 112°04′00″ W.; thence coun- sible Flight Standards office and is con- terclockwise via the 5 statute mile radius of ducted in compliance with the conditions the Grand Canyon Airport point (Lat. contained in that authorization. Normally 35°57′09″ N., Long. 112°08′47″ W.) to Lat. authorization will be granted for operation 36°01′30″ N., Long. 112°11′00″ W.; to Lat. in the areas described in Section 4 or below 36°06′15″ N., Long. 112°12′50″ W.; to Lat. the altitudes listed in Section 5 only for op- 36°14′40″ N., Long. 112°08′50″ W.; to Lat. erations of aircraft necessary for law en- 36°14′40″ N., Long. 111°57′30″ W.; to Lat. forcement, firefighting, emergency medical 36°12′30″ N., Long. 111°53′50″ W.; to the point treatment/evacuation of persons in the vicin- of origin; but not including the airspace at ity of the Park; for support of Park mainte- and above 10,500 feet MSL within 1 mile of nance or activities; or for aerial access to the eastern boundary between the southern and maintenance of other property located boundary and Lat. 36°04′50″ N. or the airspace within the Special Flight Rules Area. Au- at and above 10,500 feet MSL within 2 miles thorization may be issued on a continuing of the northwest boundary. The area bounded basis. by the Bright Angel and Shinumo Flight- (c)(1) Prior to November 1, 1988, is con- Free Zones is designated the ‘‘Dragon Cor- ducted in accordance with a specific author- ridor.’’ ization to operate in that airspace incor- (c) Shinumo Flight-Free Zone. Within an porated in the operator’s part 135 operations area bounded by a line beginning at Lat. specifications in accordance with the provi- 36°04′00″ N., Long. 112°16′40″ W.; northwest sions of SFAR 50–1, notwithstanding the pro- along the park boundary to a point at Lat. visions of Sections 4 and 5; and 36°12′47″ N., Long. 112°30′53″ W.; to Lat. (2) On or after November 1, 1988, is con- 36°21′15″ N., Long. 112°20′20″ W.; east along the ducted in accordance with a specific author- park boundary to Lat. 36°21′15″ N., Long. ization to operate in that airspace incor- 112°13′55″ W.; to Lat. 36°14′40″ N., Long. porated in the operated in the operator’s op- 112°11′25″ W.; to the point of origin. The area erations specifications and approved by the between the Thunder River/Toroweap and responsible Flight Standards office in ac- Shinumo Flight Free Zones is designated the cordance with the provisions of SFAR 50–2. ‘‘Fossil Canyon Corridor.’’ (d) Is a search and rescue mission directed (d) Toroweap/Thunder River Flight-Free by the U.S. Air Force Rescue Coordination Zone. Within an area bounded by a line be- Center. ° ′ ″ ° ′ ″ (e) Is conducted within 3 nautical miles of ginning at Lat. 36 22 45 N., Long. 112 20 35 Whitmore Airstrip, Pearce Ferry Airstrip, W.; thence northwest along the boundary of North Rim Airstrip, Cliff Dwellers Airstrip, the Grand Canyon National Park to Lat. ° ′ ″ ° ′ ″ or Marble Canyon Airstrip at an altitudes 36 17 48 N., Long. 113 03 15 W.; to Lat. ° ′ ″ ° ′ ″ less than 3,000 feet above airport elevation, 36 15 00 N., Long. 113 07 10 W.; to Lat. ° ′ ″ ° ′ ″ for the purpose of landing at or taking off 36 10 30 N., Long. 113 07 10 W.; thence east from that facility. Or along the Colorado River to the confluence ° ′ ″ (f) Is conducted under an IFR clearance of Havasu Canyon (Lat. 36 18 40 N., Long. ° ′ ″ and the pilot is acting in accordance with 112 45 45 W.;) including that area within a 1.5 ATC instructions. An IFR flight plan may nautical mile radius of Toroweap Overlook ° ′ ″ ° ′ ″ not be filed on a route or at an altitude that (Lat. 36 12 45 N., Long. 113 03 30 W.); to the would require operation in an area described point of origin; but not including the fol- in Section 4. lowing airspace designated as the ‘‘Tuckup Section 4. Flight-free zones. Except in an Corridor’’: at or above 10,500 feet MSL within emergency or if otherwise necessary for safe- 2 nautical miles either side of a line extend- ty of flight, or unless otherwise authorized ing between Lat. 36°24′47″ N., Long. 112°48′50″ by the responsible Flight Standards office W. and Lat. 36°17′10″ N., Long. 112°48′50″ W.; to for a purpose listed in Section 3(b), no person the point of origin. may operate an aircraft in the Special Flight Section 5. Minimum flight altitudes. Except Rules Area within the following areas: in an emergency or if otherwise necessary (a) Desert View Flight-Free Zone. Within for safety of flight, or unless otherwise au- an area bounded by a line beginning at Lat. thorized by the responsible Flight Standards 35°59′30″ N., Long. 111°46′20″ W. to 35°59′30″ N., office for a purpose listed in Section 3(b), no Long. 111°52′45″ W.; to Lat. 36°04′50″ N., Long. person may operate an aircraft in the Spe- 111°52′00″ W.; to Lat. 36°06′00″ N., Long. cial Flight Rules Area at an altitude lower 111°46′20″ W.; to the point of origin; but not than the following: including the airspace at and above 10,500 (a) Eastern section from Lees Ferry to feet MSL within 1 mile of the western bound- North Canyon: 5,000 feet MSL. ary of the zone. The area between the Desert (b) Eastern section from North Canyon to View and Bright Angel Flight-Free Zones is Boundary Ridge: 6,000 feet MSL. designated the ‘‘Zuni Point Corridor.’’ (c) Boundary Ridge to Supai (Yumtheska) (b) Bright Angel Flight-Free Zone. Within Point: 7,500 feet MSL. an area bounded by a line beginning at Lat. (d) Supai Point to Diamond Creek: 6,500 35°59′30″ N., Long. 111°55′30″ W.; to Lat. feet MSL.

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(e) Western section from Diamond Creek to celled under this SFAR at a high density the Grand Wash Cliffs: 5,000 feet MSL. traffic airport will be considered to have Section 9. Termination date. Section 1. Ap- been operated for purposes of part 93 of the plicability, Section 4, Flight-free zones, and Federal Aviation Regulations. Section 5. Minimum flight altitudes, expire 4. The Director may activate the National on April 19, 2001. Air Traffic Reduced Complement Operations NOTE: [Removed] Plan at any time he finds that it is necessary for the safety and efficiency of the National [66 FR 1003, Jan. 4, 2001, as amended at 66 FR Airspace System. Upon activation of the 16584, Mar. 26, 2001; 72 FR 9846, Mar. 6, 2007; RCOP and notwithstanding any provision of Docket FAA–2018–0119, Amdt. 91–350, 83 FR the FAR to the contrary, the Director is au- 9171, Mar. 5, 2018] thorized to suspend or modify any airspace designation. SPECIAL FEDERAL AVIATION REGULATION 5. Notice of restrictions, prohibitions, pro- NO. 60—AIR TRAFFIC CONTROL SYS- cedures and other actions taken by the Di- TEM EMERGENCY OPERATION rector under this regulation with respect to the operation of the Air Traffic Control sys- 1. Each person shall, before conducting any tem will be announced in Notices to Airmen operation under the Federal Aviation Regu- issued pursuant to § 91.139 of the Federal lations (14 CFR chapter I), be familiar with Aviation Regulations. all available information concerning that op- 6. The Director may delegate his authority eration, including Notices to Airmen issued under this regulation to the extent he con- under § 91.139 and, when activated, the provi- siders necessary for the safe and efficient op- sions of the National Air Traffic Reduced eration of the National Air Traffic Control Complement Operations Plan available for System. inspection at operating air traffic facilities and Regional air traffic division offices, and (Authority: 49 U.S.C. app. 1301(7), 1303, 1344, the General Aviation Reservation Program. 1348, 1352 through 1355, 1401, 1421 through No operator may change the designated air- 1431, 1471, 1472, 1502, 1510, 1522, and 2121 port of intended operation for any flight con- through 2125; articles 12, 29, 31, and 32(a) of tained in the October 1, 1990, OAG. the Convention on International Civil Avia- 2. Notwithstanding any provision of the tion (61 stat. 1180); 42 U.S.C. 4321 et seq.; E.O. Federal Aviation Regulations to the con- 11514, 35 FR 4247, 3 CFR, 1966–1970 Comp., p. trary, no person may operate an aircraft in 902; 49 U.S.C. 106(g)) the Air Traffic Control System: [Doc. No. 26351, 55 FR 40760, Oct. 4, 1990, as a. Contrary to any restriction, prohibition, amended by Amdt. 91–227, 56 FR 65652, Dec. procedure or other action taken by the Di- 17, 1991] rector of the Office of Air Traffic Systems Management (Director) pursuant to para- SPECIAL FEDERAL AVIATION REGULATION graph 3 of this regulation and announced in NO. 97—SPECIAL OPERATING RULES a Notice to Airmen pursuant to § 91.139 of the FOR THE CONDUCT OF INSTRUMENT Federal Aviation Regulations. b. When the National Air Traffic Reduced FLIGHT RULES (IFR) AREA NAVIGA- Complement Operations Plan is activated TION (RNAV) OPERATIONS USING pursuant to paragraph 4 of this regulation, GLOBAL POSITIONING SYSTEMS except in accordance with the pertinent pro- (GPS) IN ALASKA visions of the National Air Traffic Reduced Complement Operations Plan. Those persons identified in Section 1 may 3. Prior to or in connection with the imple- conduct IFR en route RNAV operations in mentation of the RCOP, and as conditions the State of Alaska and its airspace on pub- warrant, the Director is authorized to: lished air traffic routes using TSO C145a/ a. Restrict, prohibit, or permit VFR and/or C146a navigation systems as the only means IFR operations at any airport, Class B air- of IFR navigation. Despite contrary provi- space area, Class C airspace area, or other sions of parts 71, 91, 95, 121, 125, and 135 of class of controlled airspace. this chapter, a person may operate aircraft b. Give priority at any airport to flights in accordance with this SFAR if the fol- that are of military necessity, or are medical lowing requirements are met. emergency flights, Presidential flights, and Section 1. Purpose, use, and limitations flights transporting critical Government em- ployees. a. This SFAR permits TSO C145a/C146a c. Implement, at any airport, traffic man- GPS (RNAV) systems to be used for IFR en agement procedures, that may include reduc- route operations in the United States air- tion of flight operations. Reduction of flight space over and near Alaska (as set forth in operations will be accomplished, to the ex- paragraph c of this section) at Special Min- tent practical, on a pro rata basis among and imum En Route Altitudes (MEA) that are between air carrier, commercial operator, outside the operational service volume of and general aviation operations. Flights can- ground-based navigation aids, if the aircraft

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operation also meets the requirements of that meets the performance requirements of sections 3 and 4 of this SFAR. TSO C145a/C146a navigation systems certified b. Certificate holders and part 91 operators for IFR en route operations. may operate aircraft under this SFAR pro- Route segment. Route segment is a portion vided that they comply with the require- of a route bounded on each end by a fix or ments of this SFAR. NAVAID. c. Operations conducted under this SFAR Special MEA. Special MEA refers to the are limited to United States Airspace within minimum en route altitudes, using required and near the State of Alaska as defined in navigation systems, on published routes out- the following area description: side the operational service volume of ° ′ ″ ° ′ ″ From 62 00 00.000 N, Long. 141 00 00.00 W.; ground-based navigation aids and are de- ° ′ ″ ° ′ ″ to Lat. 59 47 54.11 N., Long. 135 28 38.34 W.; picted on the published Low Altitude and ° ′ ″ ° ′ ″ to Lat. 56 00 04.11 N., Long. 130 00 07.80 W.; High Altitude En Route Charts using the ° ′ ″ ° ′ ″ to Lat. 54 43 00.00 N., Long. 130 37 00.00 W.; color blue and with the suffix ‘‘G.’’ For ex- ° ′ ″ ° ′ ″ to Lat. 51 24 00.00 N., Long. 167 49 00.00 W.; ample, a GPS MEA of 4000 feet MSL would be ° ′ ″ ° ′ ″ to Lat. 50 08 00.00 N., Long. 176 34 00.00 W.; depicted using the color blue, as 4000G. to Lat. 45°42′00.00″ N., Long. ¥162°55′00.00″ E.; Standard MEA. Standard MEA refers to the to Lat. 50°05′00.00″ N., Long. ¥159°00′00.00″ E.; to Lat. 54°00′00.00″ N., Long. ¥169°00′00.00″ E.; minimum en route IFR altitude on published to Lat. 60°00 00.00″ N., Long. ¥180°00′ 00.00″ E; routes that uses ground-based navigation to Lat. 65°00′00.00″ N., Long. 168°58′23.00″ W.; aids and are depicted on the published Low to Lat. 90°00′00.00″ N., Long. 00°00′0.00″ W.; to Altitude and High Altitude En Route Charts Lat. 62°00′00.000″ N, Long. 141°00′00.00″ W. using the color black. (d) No person may operate an aircraft Station referenced. Station referenced refers under IFR during the en route portion of to radio navigational aids or fixes that are flight below the standard MEA or at the spe- referenced by ground based navigation facili- cial MEA unless the operation is conducted ties such as VOR facilities. in accordance with sections 3 and 4 of this Wide Area Augmentation System (WAAS). SFAR. WAAS is an augmentation to GPS that cal- culates GPS integrity and correction data on Section 2. Definitions and abbreviations the ground and uses geo-stationary satellites For the purposes of this SFAR, the fol- to broadcast GPS integrity and correction lowing definitions and abbreviations apply. data to GPS/WAAS users and to provide Area navigation (RNAV). RNAV is a method ranging signals. It is a safety critical system of navigation that permits aircraft oper- consisting of a ground network of reference ations on any desired flight path. and integrity monitor data processing sites Area navigation (RNAV) route. RNAV route to assess current GPS performance, as well is a published route based on RNAV that can as a space segment that broadcasts that as- be used by suitably equipped aircraft. sessment to GNSS users to support en route Certificate holder. A certificate holder through precision approach navigation. means a person holding a certificate issued Users of the system include all aircraft ap- under part 119 or part 125 of this chapter or plying the WAAS data and ranging signal. holding operations specifications issued under part 129 of this chapter. Section 3. Operational Requirements Global Navigation Satellite System (GNSS). To operate an aircraft under this SFAR, GNSS is a world-wide position and time de- the following requirements must be met: termination system that uses satellite rang- a. Training and qualification for oper- ing signals to determine user location. It en- ations and maintenance personnel on re- compasses all satellite ranging technologies, quired navigation equipment used under this including GPS and additional satellites. SFAR. Components of the GNSS include GPS, the Global Orbiting Navigation Satellite Sys- b. Use authorized procedures for normal, tem, and WAAS satellites. abnormal, and emergency situations unique Global Positioning System (GPS). GPS is a to these operations, including degraded navi- satellite-based radio navigational, posi- gation capabilities, and satellite system out- tioning, and time transfer system. The sys- ages. tem provides highly accurate position and c. For certificate holders, training of flight velocity information and precise time on a crewmembers and other personnel authorized continuous global basis to properly equipped to exercise operational control on the use of users. those procedures specified in paragraph b of Minimum crossing altitude (MCA). The min- this section. imum crossing altitude (MCA) applies to the d. Part 129 operators must have approval operation of an aircraft proceeding to a high- from the State of the operator to conduct op- er minimum en route altitude when crossing erations in accordance with this SFAR. specified fixes. e. In order to operate under this SFAR, a Required navigation system. Required navi- certificate holder must be authorized in op- gation system means navigation equipment erations specifications.

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Section 4. Equipment Requirements SPECIAL FEDERAL AVIATION REGULATION a. The certificate holder must have prop- NO. 118–2—RELIEF FOR CERTAIN erly installed, certificated, and functional PERSONS DURING THE NATIONAL dual required navigation systems as defined EMERGENCY CONCERNING THE NOVEL in section 2 of this SFAR for the en route op- CORONAVIRUS DISEASE (COVID–19) erations covered under this SFAR. PUBLIC HEALTH EMERGENCY b. When the aircraft is being operated under part 91, the aircraft must be equipped For the text of SFAR No. 118–2, see part 61 with at least one properly installed, certifi- of this chapter. cated, and functional required navigation [Docket No. FAA–2020–0446, Amdt. No. 91–360, system as defined in section 2 of this SFAR 85 FR 62975, Oct. 6, 2020]] for the en route operations covered under this SFAR. EFFECTIVE DATE NOTE: By Docket No. FAA–2020–0446, Amdt. No. 91–360, 85 FR 62975, Section 5. Expiration date Oct. 6, 2020, SFAR 118–2 to part 91 was added, This Special Federal Aviation Regulation effective Oct. 1, 2020 through Apr. 30, 2021. will remain in effect until rescinded. [Doc. No. FAA–2003–14305, 68 FR 14077, Mar. Subpart A—General 21, 2003] SOURCE: Docket No. 18334, 54 FR 34292, Aug. SPECIAL FEDERAL AVIATION REGULATION 18, 1989, unless otherwise noted. NO. 104—PROHIBITION AGAINST CER- TAIN FLIGHTS BY SYRIAN AIR CAR- § 91.1 Applicability. RIERS TO THE UNITED STATES (a) Except as provided in paragraphs 1. Applicability. This Special Federal Avia- (b), (c), (e), and (f) of this section and tion Regulation (SFAR) No. 104 applies to §§ 91.701 and 91.703, this part prescribes any air carrier owned or controlled by Syria rules governing the operation of air- that is engaged in scheduled international craft within the United States, includ- air services. ing the waters within 3 nautical miles 2. Special flight restrictions. Except as pro- of the U.S. coast. vided in paragraphs 3 and 4 of this SFAR No. (b) Each person operating an aircraft 104, no air carrier described in paragraph 1 in the airspace overlying the waters be- may take off from or land in the territory of the United States. tween 3 and 12 nautical miles from the 3. Permitted operations. This SFAR does not coast of the United States must com- prohibit overflights of the territory of the ply with §§ 91.1 through 91.21; §§ 91.101 United States by any air carrier described in through 91.143; §§ 91.151 through 91.159; paragraph 1. §§ 91.167 through 91.193; § 91.203; § 91.205; 4. Emergency situations. In an emergency §§ 91.209 through 91.217; § 91.221, § 91.225; that requires immediate decision and action §§ 91.303 through 91.319; §§ 91.323 through for the safety of the flight, the pilot in com- 91.327; § 91.605; § 91.609; §§ 91.703 through mand of an aircraft of any air carrier de- 91.715; and § 91.903. scribed in paragraph 1 may deviate from this SFAR to the extent required by that emer- (c) This part applies to each person gency. Each person who deviates from this on board an aircraft being operated rule must, within 10 days of the deviation, under this part, unless otherwise speci- excluding Saturdays, Sundays, and Federal fied. holidays, submit to the responsible Flight (d) This part also establishes require- Standards office a complete report of the op- ments for operators to take actions to erations or the aircraft involved in the devi- support the continued airworthiness of ation, including a description of the devi- each airplane. ation and the reasons therefor. 5. Duration. This SFAR No. 104 will remain (e) This part does not apply to any in effect until further notice. aircraft or vehicle governed by part 103 of this chapter, or subparts B, C, or D [Doc. No. FAA–2004–17763, 69 FR 31719, June 4, of part 101 of this chapter. 2004, as amended by Docket FAA–2018–0119, Amdt. 91–350, 83 FR 9171, Mar. 5, 2018] (f) Except as provided in §§ 107.13, 107.27, 107.47, 107.57, and 107.59 of this chapter, this part does not apply to any

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aircraft governed by part 107 of this placards, or as otherwise prescribed by chapter. the certificating authority of the coun- try of registry. [Doc. No. 18334, 54 FR 34292, Aug. 18, 1989, as amended by Amdt. 91–257, 64 FR 1079, Jan. 7, (b) No person may operate a U.S.-reg- 1999; Amdt. 91–282, 69 FR 44880, July 27, 2004; istered civil aircraft— Amdt. 91–297, 72 FR 63410, Nov. 8, 2007; Amdt. (1) For which an Airplane or Rotor- 91–314, 75 FR 30193, May 28, 2010; Docket craft Flight Manual is required by § 21.5 FAA–2015–0150, Amdt. 91–343, 81 FR 42208, of this chapter unless there is available June 28, 2016] in the aircraft a current, approved Air- plane or Rotorcraft Flight Manual or § 91.3 Responsibility and authority of the manual provided for in § 121.141(b); the pilot in command. and (a) The pilot in command of an air- (2) For which an Airplane or Rotor- craft is directly responsible for, and is craft Flight Manual is not required by the final authority as to, the operation § 21.5 of this chapter, unless there is of that aircraft. available in the aircraft a current ap- (b) In an in-flight emergency requir- proved Airplane or Rotorcraft Flight ing immediate action, the pilot in com- Manual, approved manual material, mand may deviate from any rule of markings, and placards, or any com- this part to the extent required to bination thereof. meet that emergency. (c) No person may operate a U.S.-reg- (c) Each pilot in command who devi- istered civil aircraft unless that air- ates from a rule under paragraph (b) of craft is identified in accordance with this section shall, upon the request of part 45 of this chapter. the Administrator, send a written re- (d) Any person taking off or landing port of that deviation to the Adminis- a helicopter certificated under part 29 trator. of this chapter at a heliport con- (Approved by the Office of Management and structed over water may make such Budget under control number 2120–0005) momentary flight as is necessary for takeoff or landing through the prohib- § 91.5 Pilot in command of aircraft re- ited range of the limiting height-speed quiring more than one required envelope established for the helicopter pilot. if that flight through the prohibited No person may operate an aircraft range takes place over water on which that is type certificated for more than a safe ditching can be accomplished one required pilot flight crewmember and if the helicopter is amphibious or unless the pilot in command meets the is equipped with floats or other emer- requirements of § 61.58 of this chapter. gency flotation gear adequate to ac- complish a safe emergency ditching on § 91.7 Civil aircraft airworthiness. open water. (a) No person may operate a civil air- craft unless it is in an airworthy condi- § 91.11 Prohibition on interference tion. with crewmembers. (b) The pilot in command of a civil No person may assault, threaten, in- aircraft is responsible for determining timidate, or interfere with a crew- whether that aircraft is in condition member in the performance of the for safe flight. The pilot in command crewmember’s duties aboard an air- shall discontinue the flight when un- craft being operated. airworthy mechanical, electrical, or structural conditions occur. § 91.13 Careless or reckless operation. (a) Aircraft operations for the purpose § 91.9 Civil aircraft flight manual, of . No person may oper- marking, and placard requirements. ate an aircraft in a careless or reckless (a) Except as provided in paragraph manner so as to endanger the life or (d) of this section, no person may oper- property of another. ate a civil aircraft without complying (b) Aircraft operations other than for with the operating limitations speci- the purpose of air navigation. No person fied in the approved Airplane or Rotor- may operate an aircraft, other than for craft Flight Manual, markings, and the purpose of air navigation, on any

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part of the surface of an airport used by paragraph (a)(1), (a)(2), or (a)(4) of by aircraft for air commerce (including this section. areas used by those aircraft for receiv- (2) Whenever the FAA has a reason- ing or discharging persons or cargo), in able basis to believe that a person may a careless or reckless manner so as to have violated paragraph (a)(1), (a)(2), or endanger the life or property of an- (a)(4) of this section, on request of the other. FAA, that person must furnish to the FAA the results, or authorize any clin- § 91.15 Dropping objects. ic, hospital, or doctor, or other person No pilot in command of a civil air- to release to the FAA, the results of craft may allow any object to be each test taken within 4 hours after dropped from that aircraft in flight acting or attempting to act as a crew- that creates a hazard to persons or member that indicates an alcohol con- property. However, this section does centration in the blood or breath speci- not prohibit the dropping of any object men. if reasonable precautions are taken to (d) Whenever the Administrator has a avoid injury or damage to persons or reasonable basis to believe that a per- property. son may have violated paragraph (a)(3) § 91.17 Alcohol or drugs. of this section, that person shall, upon request by the Administrator, furnish (a) No person may act or attempt to the Administrator, or authorize any act as a crewmember of a civil air- clinic, hospital, doctor, or other person craft— (1) Within 8 hours after the consump- to release to the Administrator, the re- tion of any alcoholic beverage; sults of each test taken within 4 hours (2) While under the influence of alco- after acting or attempting to act as a hol; crewmember that indicates the pres- (3) While using any drug that affects ence of any drugs in the body. the person’s faculties in any way con- (e) Any test information obtained by trary to safety; or the Administrator under paragraph (c) (4) While having an alcohol con- or (d) of this section may be evaluated centration of 0.04 or greater in a blood in determining a person’s qualifica- or breath specimen. Alcohol concentra- tions for any airman certificate or pos- tion means grams of alcohol per deci- sible violations of this chapter and liter of blood or grams of alcohol per may be used as evidence in any legal 210 liters of breath. proceeding under section 602, 609, or 901 (b) Except in an emergency, no pilot of the Federal Aviation Act of 1958. of a civil aircraft may allow a person who appears to be intoxicated or who [Doc. No. 18334, 54 FR 34292, Aug. 18, 1989, as amended by Amdt. 91–291, June 21, 2006] demonstrates by manner or physical indications that the individual is under § 91.19 Carriage of narcotic drugs, the influence of drugs (except a med- marihuana, and depressant or stim- ical patient under proper care) to be ulant drugs or substances. carried in that aircraft. (c) A crewmember shall do the fol- (a) Except as provided in paragraph lowing: (b) of this section, no person may oper- (1) On request of a law enforcement ate a civil aircraft within the United officer, submit to a test to indicate the States with knowledge that narcotic alcohol concentration in the blood or drugs, marihuana, and depressant or breath, when— stimulant drugs or substances as de- (i) The law enforcement officer is au- fined in Federal or State statutes are thorized under State or local law to carried in the aircraft. conduct the test or to have the test (b) Paragraph (a) of this section does conducted; and not apply to any carriage of narcotic (ii) The law enforcement officer is re- drugs, marihuana, and depressant or questing submission to the test to in- stimulant drugs or substances author- vestigate a suspected violation of State ized by or under any Federal or State or local law governing the same or sub- statute or by any Federal or State stantially similar conduct prohibited agency.

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§ 91.21 Portable electronic devices. the parties thereto regarding the air- (a) Except as provided in paragraph craft’s status of compliance with appli- (b) of this section, no person may oper- cable maintenance and inspection re- ate, nor may any operator or pilot in quirements in this part for the oper- command of an aircraft allow the oper- ation to be conducted under the lease ation of, any portable electronic device or contract of conditional sale. on any of the following U.S.-registered (2) The name and address (printed or civil aircraft: typed) and the signature of the person (1) Aircraft operated by a holder of responsible for operational control of an air carrier operating certificate or the aircraft under the lease or contract an operating certificate; or of conditional sale, and certification (2) Any other aircraft while it is op- that each person understands that per- erated under IFR. son’s responsibilities for compliance (b) Paragraph (a) of this section does with applicable Federal Aviation Regu- not apply to— lations. (1) Portable voice recorders; (3) A statement that an explanation (2) Hearing aids; of factors bearing on operational con- (3) Heart pacemakers; trol and pertinent Federal Aviation (4) Electric shavers; or Regulations can be obtained from the (5) Any other portable electronic de- responsible Flight Standards office. vice that the operator of the aircraft (b) The requirements of paragraph (a) has determined will not cause inter- of this section do not apply— ference with the navigation or commu- (1) To a lease or contract of condi- nication system of the aircraft on tional sale when— which it is to be used. (i) The party to whom the aircraft is (c) In the case of an aircraft operated furnished is a foreign air carrier or cer- by a holder of an air carrier operating tificate holder under part 121, 125, 135, certificate or an operating certificate, or 141 of this chapter, or the determination required by para- (ii) The party furnishing the aircraft graph (b)(5) of this section shall be is a foreign air carrier or a person oper- made by that operator of the aircraft ating under part 121, 125, and 141 of this on which the particular device is to be chapter, or a person operating under used. In the case of other aircraft, the part 135 of this chapter having author- determination may be made by the ity to engage in on-demand operations pilot in command or other operator of with large aircraft. the aircraft. (2) To a contract of conditional sale, when the aircraft involved has not been § 91.23 Truth-in-leasing clause require- registered anywhere prior to the execu- ment in leases and conditional sales tion of the contract, except as a new contracts. aircraft under a dealer’s aircraft reg- (a) Except as provided in paragraph istration certificate issued in accord- (b) of this section, the parties to a ance with § 47.61 of this chapter. lease or contract of conditional sale in- (c) No person may operate a large volving a U.S.-registered large civil civil aircraft of U.S. registry that is aircraft and entered into after January subject to a lease or contract of condi- 2, 1973, shall execute a written lease or tional sale to which paragraph (a) of contract and include therein a written this section applies, unless— truth-in-leasing clause as a concluding (1) The lessee or conditional buyer, or paragraph in large print, immediately the registered owner if the lessee is not preceding the space for the signature of a citizen of the United States, has the parties, which contains the fol- mailed a copy of the lease or contract lowing with respect to each such air- that complies with the requirements of craft: paragraph (a) of this section, within 24 (1) Identification of the Federal Avia- hours of its execution, to the Aircraft tion Regulations under which the air- Registration Branch, Attn: Technical craft has been maintained and in- Section, P.O. Box 25724, Oklahoma spected during the 12 months preceding City, OK 73125; the execution of the lease or contract (2) A copy of the lease or contract of conditional sale, and certification by that complies with the requirements of

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paragraph (a) of this section is carried porting Program (or information de- in the aircraft. The copy of the lease or rived therefrom) in any enforcement contract shall be made available for re- action except information concerning view upon request by the Adminis- accidents or criminal offenses which trator, and are wholly excluded from the Program. (3) The lessee or conditional buyer, or the registered owner if the lessee is not §§ 91.27–91.99 [Reserved] a citizen of the United States, has noti- fied by telephone or in person the re- Subpart B—Flight Rules sponsible Flight Standards office. Un- less otherwise authorized by that of- fice, the notification shall be given at SOURCE: Docket No. 18334, 54 FR 34294, Aug. least 48 hours before takeoff in the case 18, 1989, unless otherwise noted. of the first flight of that aircraft under GENERAL that lease or contract and inform the FAA of— § 91.101 Applicability. (i) The location of the airport of de- parture; This subpart prescribes flight rules (ii) The departure time; and governing the operation of aircraft (iii) The registration number of the within the United States and within 12 aircraft involved. nautical miles from the coast of the (d) The copy of the lease or contract United States. furnished to the FAA under paragraph (c) of this section is commercial or fi- § 91.103 Preflight action. nancial information obtained from a Each pilot in command shall, before person. It is, therefore, privileged and beginning a flight, become familiar confidential and will not be made with all available information con- available by the FAA for public inspec- cerning that flight. This information tion or copying under 5 U.S.C. 552(b)(4) must include— unless recorded with the FAA under (a) For a flight under IFR or a flight part 49 of this chapter. not in the vicinity of an airport, (e) For the purpose of this section, a lease means any agreement by a person weather reports and forecasts, fuel re- to furnish an aircraft to another person quirements, alternatives available if for compensation or hire, whether with the planned flight cannot be com- or without flight crewmembers, other pleted, and any known traffic delays of than an agreement for the sale of an which the pilot in command has been aircraft and a contract of conditional advised by ATC; sale under section 101 of the Federal (b) For any flight, runway lengths at Aviation Act of 1958. The person fur- airports of intended use, and the fol- nishing the aircraft is referred to as lowing takeoff and landing distance in- the lessor, and the person to whom it is formation: furnished the lessee. (1) For civil aircraft for which an ap- (Approved by the Office of Management and proved Airplane or Rotorcraft Flight Budget under control number 2120–0005) Manual containing takeoff and landing distance data is required, the takeoff [Doc. No. 18334, 54 FR 34292, Aug. 18, 1989, as amended by Amdt. 91–212, 54 FR 39293, Sept. and landing distance data contained 25, 1989; Amdt. 91–253, 62 FR 13253, Mar. 19, therein; and 1997; Amdt. 91–267, 66 FR 21066, Apr. 27, 2001; (2) For civil aircraft other than those Docket FAA–2018–0119, Amdt. 91–350, 83 FR specified in paragraph (b)(1) of this sec- 9171, Mar. 5, 2018] tion, other reliable information appro- § 91.25 Aviation Safety Reporting Pro- priate to the aircraft, relating to air- gram: Prohibition against use of re- craft performance under expected val- ports for enforcement purposes. ues of airport elevation and runway The Administrator of the FAA will slope, aircraft gross weight, and wind not use reports submitted to the Na- and temperature. tional Aeronautics and Space Adminis- tration under the Aviation Safety Re-

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§ 91.105 Flight crewmembers at sta- fore November 2, 1987) must occupy an tions. approved seat or berth with a safety (a) During takeoff and landing, and belt and, if installed, shoulder harness, while en route, each required flight properly secured about him or her dur- crewmember shall— ing movement on the surface, takeoff, (1) Be at the crewmember station un- and landing. For seaplane and float less the absence is necessary to per- equipped rotorcraft operations during form duties in connection with the op- movement on the surface, the person eration of the aircraft or in connection pushing off the seaplane or rotorcraft with physiological needs; and from the dock and the person mooring (2) Keep the safety belt fastened the seaplane or rotorcraft at the dock while at the crewmember station. are excepted from the preceding seat- (b) Each required flight crewmember ing and safety belt requirements. Not- of a U.S.-registered civil aircraft shall, withstanding the preceding require- during takeoff and landing, keep his or ments of this paragraph, a person may: her shoulder harness fastened while at (i) Be held by an adult who is occu- his or her assigned duty station. This pying an approved seat or berth, pro- paragraph does not apply if— vided that the person being held has (1) The seat at the crewmember’s sta- not reached his or her second birthday tion is not equipped with a shoulder and does not occupy or use any re- harness; or straining device; (2) The crewmember would be unable (ii) Use the floor of the aircraft as a to perform required duties with the seat, provided that the person is on shoulder harness fastened. board for the purpose of engaging in sport parachuting; or [Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as amended by Amdt. 91–231, 57 FR 42671, Sept. (iii) Notwithstanding any other re- 15, 1992] quirement of this chapter, occupy an approved child restraint system fur- § 91.107 Use of safety belts, shoulder nished by the operator or one of the harnesses, and child restraint sys- persons described in paragraph tems. (a)(3)(iii)(A) of this section provided (a) Unless otherwise authorized by that: the Administrator— (A) The child is accompanied by a (1) No pilot may take off a U.S.-reg- parent, guardian, or attendant des- istered civil aircraft (except a free bal- ignated by the child’s parent or guard- loon that incorporates a basket or gon- ian to attend to the safety of the child dola, or an airship type certificated be- during the flight; fore November 2, 1987) unless the pilot (B) Except as provided in paragraph in command of that aircraft ensures (a)(3)(iii)(B)(4) of this action, the ap- that each person on board is briefed on proved child restraint system bears one how to fasten and unfasten that per- or more labels as follows: son’s safety belt and, if installed, (1) Seats manufactured to U.S. stand- shoulder harness. ards between January 1, 1981, and Feb- (2) No pilot may cause to be moved ruary 25, 1985, must bear the label: on the surface, take off, or land a U.S.- ‘‘This child restraint system conforms registered civil aircraft (except a free to all applicable Federal motor vehicle balloon that incorporates a basket or safety standards’’; gondola, or an airship type certificated (2) Seats manufactured to U.S. stand- before November 2, 1987) unless the ards on or after February 26, 1985, must pilot in command of that aircraft en- bear two labels: sures that each person on board has (i) ‘‘This child restraint system con- been notified to fasten his or her safety forms to all applicable Federal motor belt and, if installed, his or her shoul- vehicle safety standards’’; and der harness. (ii) ‘‘THIS RESTRAINT IS CER- (3) Except as provided in this para- TIFIED FOR USE IN MOTOR VEHI- graph, each person on board a U.S.-reg- CLES AND AIRCRAFT’’ in red let- istered civil aircraft (except a free bal- tering; loon that incorporates a basket or gon- (3) Seats that do not qualify under dola or an airship type certificated be- paragraphs (a)(3)(iii)(B)(1) and

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(a)(3)(iii)(B)(2) of this section must § 91.109 Flight instruction; Simulated bear a label or markings showing: instrument flight and certain flight (ii) That the seat was manufactured tests. under the standards of the United Na- (a) No person may operate a civil air- tions; craft (except a manned free balloon) (iii) That the seat or child restraint that is being used for flight instruction device furnished by the operator was unless that aircraft has fully func- approved by the FAA through Type tioning dual controls. However, instru- Certificate or Supplemental Type Cer- ment flight instruction may be given tificate; or in an airplane that is equipped with a (iv) That the seat or child restraint single, functioning throwover control device furnished by the operator, or wheel that controls the elevator and one of the persons described in para- ailerons, in place of fixed, dual con- graph (a)(3)(iii)(A) of this section, was trols, when— approved by the FAA in accordance (1) The instructor has determined with § 21.8(d) of this chapter or Tech- that the flight can be conducted safely; nical Standard Order C–100b or a later and version. The child restraint device (2) The person manipulating the con- manufactured by AmSafe, Inc. trols has at least a private pilot certifi- (CARES, Part No. 4082) and approved cate with appropriate category and by the FAA in accordance with class ratings. § 21.305(d) (2010 ed.) of this chapter may (b) An airplane equipped with a sin- continue to bear a label or markings gle, functioning throwover control showing FAA approval in accordance wheel that controls the elevator and ailerons, in place of fixed, dual controls with § 21.305(d) (2010 ed.) of this chapter. may be used for flight instruction to (4) Except as provided in conduct a flight review required by § 91.107(a)(3)(iii)(B)(3)(iii) and § 61.56 of this chapter, or to obtain re- § 91.107(a)(3)(iii)(B)(3)(iv), booster-type cent flight experience or an instrument child restraint systems (as defined in proficiency check required by § 61.57 Federal Motor Vehicle Safety Standard when— No. 213 (49 CFR 571.213)), vest- and har- (1) The airplane is equipped with op- ness-type child restraint systems, and erable rudder pedals at both pilot sta- lap held child restraints are not ap- tions; proved for use in aircraft; and (2) The pilot manipulating the con- (C) The operator complies with the trols is qualified to serve and serves as following requirements: pilot in command during the entire (1) The restraint system must be flight; properly secured to an approved for- (3) The instructor is current and ward-facing seat or berth; qualified to serve as pilot in command (2) The child must be properly se- of the airplane, meets the requirements cured in the restraint system and must of § 61.195(b), and has logged at least 25 not exceed the specified weight limit hours of pilot-in-command flight time for the restraint system; and in the make and model of airplane; and (3) The restraint system must bear (4) The pilot in command and the in- the appropriate label(s). structor have determined the flight can (b) Unless otherwise stated, this sec- be conducted safely. tion does not apply to operations con- (c) No person may operate a civil air- ducted under part 121, 125, or 135 of this craft in simulated instrument flight chapter. Paragraph (a)(3) of this sec- unless— tion does not apply to persons subject (1) The other control seat is occupied to § 91.105. by a safety pilot who possesses at least: (i) A private pilot certificate with [Doc. No. 26142, 57 FR 42671, Sept. 15, 1992, as category and class ratings appropriate amended by Amdt. 91–250, 61 FR 28421, June 4, 1996; Amdt. 91–289, 70 FR 50906, Aug. 26, to the aircraft being flown; or 2005; Amdt. 91–292, 71 FR 40009, July 14, 2006; (ii) For purposes of providing train- Amdt. 91–317, 75 FR 48857, Aug. 12, 2010; ing for a solo cross-country endorse- Amdt. 91–332, 79 FR 28812, May 20, 2014] ment under § 61.93 of this chapter, a

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flight instructor certificate with an ap- flight rules or visual flight rules, vigi- propriate sport pilot rating and meets lance shall be maintained by each per- the requirements of § 61.412 of this son operating an aircraft so as to see chapter. and avoid other aircraft. When a rule of (2) The safety pilot has adequate vi- this section gives another aircraft the sion forward and to each side of the right-of-way, the pilot shall give way aircraft, or a competent observer in the to that aircraft and may not pass over, aircraft adequately supplements the vi- under, or ahead of it unless well clear. sion of the safety pilot; and (c) In distress. An aircraft in distress (3) Except in the case of lighter-than- has the right-of-way over all other air air aircraft, that aircraft is equipped traffic. with fully functioning dual controls. However, simulated instrument flight (d) Converging. When aircraft of the may be conducted in a single-engine same category are converging at ap- airplane, equipped with a single, func- proximately the same altitude (except tioning, throwover control wheel, in head-on, or nearly so), the aircraft to place of fixed, dual controls of the ele- the other’s right has the right-of-way. vator and ailerons, when— If the aircraft are of different cat- (i) The safety pilot has determined egories— that the flight can be conducted safely; (1) A balloon has the right-of-way and over any other category of aircraft; (ii) The person manipulating the con- (2) A glider has the right-of-way over trols has at least a private pilot certifi- an airship, powered parachute, weight- cate with appropriate category and shift-control aircraft, airplane, or class ratings. rotorcraft. (d) No person may operate a civil air- (3) An airship has the right-of-way craft that is being used for a flight test over a powered parachute, weight-shift- for an airline transport pilot certifi- control aircraft, airplane, or rotor- cate or a class or type rating on that craft. certificate, or for a part 121 proficiency flight test, unless the pilot seated at However, an aircraft towing or re- the controls, other than the pilot being fueling other aircraft has the right-of- checked, is fully qualified to act as way over all other engine-driven air- pilot in command of the aircraft. craft. (e) Approaching head-on. When air- [Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as craft are approaching each other head- amended by Amdt. 91–324, 76 FR 54107, Aug. 31, 2011; Amdt. 61–142, 83 FR 30281, June 27, on, or nearly so, each pilot of each air- 2018] craft shall alter course to the right. (f) Overtaking. Each aircraft that is § 91.111 Operating near other aircraft. being overtaken has the right-of-way (a) No person may operate an aircraft and each pilot of an overtaking aircraft so close to another aircraft as to create shall alter course to the right to pass a collision hazard. well clear. (b) No person may operate an aircraft (g) Landing. Aircraft, while on final in formation flight except by arrange- approach to land or while landing, have ment with the pilot in command of the right-of-way over other aircraft in each aircraft in the formation. flight or operating on the surface, ex- (c) No person may operate an air- cept that they shall not take advan- craft, carrying passengers for hire, in tage of this rule to force an aircraft off formation flight. the runway surface which has already § 91.113 Right-of-way rules: Except landed and is attempting to make way water operations. for an aircraft on final approach. When (a) Inapplicability. This section does two or more aircraft are approaching not apply to the operation of an air- an airport for the purpose of landing, craft on water. the aircraft at the lower altitude has (b) General. When weather conditions the right-of-way, but it shall not take permit, regardless of whether an oper- advantage of this rule to cut in front of ation is conducted under instrument

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another which is on final approach to at an indicated airspeed of more than land or to overtake that aircraft. 200 knots (230 mph). [Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as (d) If the minimum safe airspeed for amended by Amdt. 91–282, 69 FR 44880, July any particular operation is greater 27, 2004] than the maximum speed prescribed in this section, the aircraft may be oper- § 91.115 Right-of-way rules: Water op- ated at that minimum speed. erations. [Doc. No. 18334, 54 FR 34292, Aug. 18, 1989, as (a) General. Each person operating an amended by Amdt. 91–219, 55 FR 34708, Aug. aircraft on the water shall, insofar as 24, 1990; Amdt. 91–227, 56 FR 65657, Dec. 17, possible, keep clear of all vessels and 1991; Amdt. 91–233, 58 FR 43554, Aug. 17, 1993] avoid impeding their navigation, and shall give way to any vessel or other § 91.119 Minimum safe altitudes: Gen- aircraft that is given the right-of-way eral. by any rule of this section. Except when necessary for takeoff or (b) Crossing. When aircraft, or an air- landing, no person may operate an air- craft and a vessel, are on crossing craft below the following altitudes: courses, the aircraft or vessel to the (a) Anywhere. An altitude allowing, if other’s right has the right-of-way. a power unit fails, an emergency land- (c) Approaching head-on. When air- ing without undue hazard to persons or craft, or an aircraft and a vessel, are property on the surface. approaching head-on, or nearly so, each (b) Over congested areas. Over any shall alter its course to the right to congested area of a city, town, or set- keep well clear. tlement, or over any open air assembly (d) Overtaking. Each aircraft or vessel of persons, an altitude of 1,000 feet that is being overtaken has the right- above the highest obstacle within a of-way, and the one overtaking shall horizontal radius of 2,000 feet of the alter course to keep well clear. aircraft. (e) When air- Special circumstances. (c) Over other than congested areas. An craft, or an aircraft and a vessel, ap- altitude of 500 feet above the surface, proach so as to involve risk of colli- except over open water or sparsely pop- sion, each aircraft or vessel shall pro- ulated areas. In those cases, the air- ceed with careful regard to existing craft may not be operated closer than circumstances, including the limita- 500 feet to any person, vessel, vehicle, tions of the respective craft. or structure. § 91.117 Aircraft speed. (d) Helicopters, powered parachutes, and weight-shift-control aircraft. If the (a) Unless otherwise authorized by operation is conducted without hazard the Administrator, no person may op- to persons or property on the surface— erate an aircraft below 10,000 feet MSL (1) A helicopter may be operated at at an indicated airspeed of more than less than the minimums prescribed in 250 knots (288 m.p.h.). paragraph (b) or (c) of this section, pro- (b) Unless otherwise authorized or re- vided each person operating the heli- quired by ATC, no person may operate copter complies with any routes or al- an aircraft at or below 2,500 feet above titudes specifically prescribed for heli- the surface within 4 nautical miles of copters by the FAA; and the primary airport of a Class C or (2) A powered parachute or weight- Class D airspace area at an indicated shift-control aircraft may be operated airspeed of more than 200 knots (230 at less than the minimums prescribed mph.). This paragraph (b) does not in paragraph (c) of this section. apply to any operations within a Class B airspace area. Such operations shall [Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as comply with paragraph (a) of this sec- amended by Amdt. 91–311, 75 FR 5223, Feb. 1, tion. 2010] (c) No person may operate an aircraft in the airspace underlying a Class B § 91.121 Altimeter settings. airspace area designated for an airport (a) Each person operating an aircraft or in a VFR corridor designated shall maintain the cruising altitude or through such a Class B airspace area, flight level of that aircraft, as the case

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may be, by reference to an altimeter response to a traffic alert and collision that is set, when operating— avoidance system resolution advisory. (1) Below 18,000 feet MSL, to— However, except in Class A airspace, a (i) The current reported altimeter pilot may cancel an IFR flight plan if setting of a station along the route and the operation is being conducted in within 100 nautical miles of the air- VFR weather conditions. When a pilot craft; is uncertain of an ATC clearance, that (ii) If there is no station within the pilot shall immediately request clari- area prescribed in paragraph (a)(1)(i) of fication from ATC. this section, the current reported al- (b) Except in an emergency, no per- timeter setting of an appropriate avail- son may operate an aircraft contrary able station; or to an ATC instruction in an area in (iii) In the case of an aircraft not which air traffic control is exercised. equipped with a radio, the elevation of (c) Each pilot in command who, in an the departure airport or an appropriate emergency, or in response to a traffic altimeter setting available before de- alert and collision avoidance system parture; or resolution advisory, deviates from an (2) At or above 18,000 feet MSL, to ATC clearance or instruction shall no- 29.92″ Hg. tify ATC of that deviation as soon as (b) The lowest usable flight level is possible. determined by the atmospheric pres- (d) Each pilot in command who sure in the area of operation as shown (though not deviating from a rule of in the following table: this subpart) is given priority by ATC in an emergency, shall submit a de- Lowest tailed report of that emergency within usable Current altimeter setting flight 48 hours to the manager of that ATC level facility, if requested by ATC. 29.92 (or higher) ...... 180 (e) Unless otherwise authorized by 29.91 through 29.42 ...... 185 ATC, no person operating an aircraft 29.41 through 28.92 ...... 190 may operate that aircraft according to 28.91 through 28.42 ...... 195 28.41 through 27.92 ...... 200 any clearance or instruction that has 27.91 through 27.42 ...... 205 been issued to the pilot of another air- 27.41 through 26.92 ...... 210 craft for radar air traffic control pur- poses. (c) To convert minimum altitude pre- scribed under §§ 91.119 and 91.177 to the (Approved by the Office of Management and minimum flight level, the pilot shall Budget under control number 2120–0005) take the flight level equivalent of the [Doc. No. 18834, 54 FR 34294, Aug. 18, 1989, as minimum altitude in feet and add the amended by Amdt. 91–227, 56 FR 65658, Dec. appropriate number of feet specified 17, 1991; Amdt. 91–244, 60 FR 50679, Sept. 29, below, according to the current re- 1995] ported altimeter setting: § 91.125 ATC light signals. Adjust- ATC light signals have the meaning Current altimeter setting ment factor shown in the following table:

29.92 (or higher) ...... None Color and type of Meaning with re- Meaning with re- 29.91 through 29.42 ...... 500 signal spect to aircraft on spect to aircraft in 29.41 through 28.92 ...... 1,000 the surface flight 28.91 through 28.42 ...... 1,500 Steady green ...... Cleared for takeoff Cleared to land. 28.41 through 27.92 ...... 2,000 Flashing green ...... Cleared to taxi ...... Return for landing 27.91 through 27.42 ...... 2,500 (to be followed 27.41 through 26.92 ...... 3,000 by steady green at proper time). § 91.123 Compliance with ATC clear- Steady red ...... Stop ...... Give way to other aircraft and con- ances and instructions. tinue circling. (a) When an ATC clearance has been Flashing red ...... Taxi clear of run- Airport unsafe—do way in use. not land. obtained, no pilot in command may de- Flashing white ...... Return to starting Not applicable. viate from that clearance unless an point on airport. amended clearance is obtained, an Alternating red and Exercise extreme Exercise extreme emergency exists, or the deviation is in green. caution. caution.

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§ 91.126 Operating on or in the vicinity fails while in flight under IFR, the of an airport in Class G airspace. pilot must comply with § 91.185. (a) General. Unless otherwise author- [Doc. No. 24458, 56 FR 65658, Dec. 17, 1991, as ized or required, each person operating amended by Amdt. 91–239, 59 FR 11693, Mar. an aircraft on or in the vicinity of an 11, 1994; Amdt. 91–282, 69 FR 44880, July 27, 2004] airport in a Class G airspace area must comply with the requirements of this § 91.127 Operating on or in the vicinity section. of an airport in Class E airspace. (b) Direction of turns. When approach- (a) Unless otherwise required by part ing to land at an airport without an op- 93 of this chapter or unless otherwise erating control tower in Class G air- authorized or required by the ATC fa- space— cility having jurisdiction over the (1) Each pilot of an airplane must Class E airspace area, each person op- make all turns of that airplane to the erating an aircraft on or in the vicinity left unless the airport displays ap- of an airport in a Class E airspace area proved light signals or visual markings must comply with the requirements of indicating that turns should be made § 91.126. to the right, in which case the pilot (b) Departures. Each pilot of an air- must make all turns to the right; and craft must comply with any traffic pat- terns established for that airport in (2) Each pilot of a helicopter or a part 93 of this chapter. powered parachute must avoid the flow (c) Communications with control tow- of fixed-wing aircraft. ers. Unless otherwise authorized or re- (c) Flap settings. Except when nec- quired by ATC, no person may operate essary for training or certification, the an aircraft to, from, through, or on an pilot in command of a civil turbojet- airport having an operational control powered aircraft must use, as a final tower unless two-way radio commu- flap setting, the minimum certificated nications are maintained between that landing flap setting set forth in the ap- aircraft and the control tower. Commu- proved performance information in the nications must be established prior to 4 Airplane Flight Manual for the appli- nautical miles from the airport, up to cable conditions. However, each pilot and including 2,500 feet AGL. However, in command has the final authority if the aircraft radio fails in flight, the and responsibility for the safe oper- pilot in command may operate that ation of the pilot’s airplane, and may aircraft and land if weather conditions use a different flap setting for that air- are at or above basic VFR weather plane if the pilot determines that it is minimums, visual contact with the necessary in the interest of safety. tower is maintained, and a clearance to (d) Communications with control tow- land is received. If the aircraft radio fails while in flight under IFR, the ers. Unless otherwise authorized or re- pilot must comply with § 91.185. quired by ATC, no person may operate an aircraft to, from, through, or on an [Doc. No. 24458, 56 FR 65658, Dec. 17, 1991, as airport having an operational control amended by Amdt. 91–239, 59 FR 11693, Mar. tower unless two-way radio commu- 11, 1994] nications are maintained between that § 91.129 Operations in Class D air- aircraft and the control tower. Commu- space. nications must be established prior to 4 (a) General. Unless otherwise author- nautical miles from the airport, up to ized or required by the ATC facility and including 2,500 feet AGL. However, having jurisdiction over the Class D if the aircraft radio fails in flight, the airspace area, each person operating an pilot in command may operate that aircraft in Class D airspace must com- aircraft and land if weather conditions ply with the applicable provisions of are at or above basic VFR weather this section. In addition, each person minimums, visual contact with the must comply with §§ 91.126 and 91.127. tower is maintained, and a clearance to For the purpose of this section, the pri- land is received. If the aircraft radio mary airport is the airport for which the Class D airspace area is designated.

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A satellite airport is any other airport operating a large or turbine-powered within the Class D airspace area. airplane must enter the traffic pattern (b) Deviations. An operator may devi- at an altitude of at least 1,500 feet ate from any provision of this section above the elevation of the airport and under the provisions of an ATC author- maintain at least 1,500 feet until fur- ization issued by the ATC facility hav- ther descent is required for a safe land- ing jurisdiction over the airspace con- ing. cerned. ATC may authorize a deviation (2) Each pilot operating a large or on a continuing basis or for an indi- turbine-powered airplane approaching vidual flight, as appropriate. to land on a runway served by an in- (c) Communications. Each person oper- strument approach procedure with ating an aircraft in Class D airspace vertical guidance, if the airplane is so must meet the following two-way radio equipped, must: communications requirements: (i) Operate that airplane at an alti- (1) Arrival or through flight. Each per- tude at or above the glide path between son must establish two-way radio com- the published final approach fix and munications with the ATC facility (in- the decision altitude (DA), or decision cluding foreign ATC in the case of for- height (DH), as applicable; or eign airspace designated in the United (ii) If compliance with the applicable States) providing air traffic services distance-from-cloud criteria requires prior to entering that airspace and glide path interception closer in, oper- thereafter maintain those communica- ate that airplane at or above the glide tions while within that airspace. path, between the point of interception (2) Departing flight. Each person— of glide path and the DA or the DH. (i) From the primary airport or sat- (3) Each pilot operating an airplane ellite airport with an operating control approaching to land on a runway tower must establish and maintain served by a visual approach slope indi- two-way radio communications with cator must maintain an altitude at or the control tower, and thereafter as in- above the glide path until a lower alti- structed by ATC while operating in the tude is necessary for a safe landing. Class D airspace area; or (4) Paragraphs (e)(2) and (e)(3) of this (ii) From a satellite airport without section do not prohibit normal brack- an operating control tower, must es- eting maneuvers above or below the tablish and maintain two-way radio glide path that are conducted for the communications with the ATC facility purpose of remaining on the glide path. having jurisdiction over the Class D airspace area as soon as practicable (f) Approaches. Except when con- after departing. ducting a circling approach under part 97 of this chapter or unless otherwise (d) Communications failure. Each per- son who operates an aircraft in a Class required by ATC, each pilot must— D airspace area must maintain two- (1) Circle the airport to the left, if op- way radio communications with the erating an airplane; or ATC facility having jurisdiction over (2) Avoid the flow of fixed-wing air- that area. craft, if operating a helicopter. (1) If the aircraft radio fails in flight (g) Departures. No person may oper- under IFR, the pilot must comply with ate an aircraft departing from an air- § 91.185 of the part. port except in compliance with the fol- (2) If the aircraft radio fails in flight lowing: under VFR, the pilot in command may (1) Each pilot must comply with any operate that aircraft and land if— departure procedures established for (i) Weather conditions are at or that airport by the FAA. above basic VFR weather minimums; (2) Unless otherwise required by the (ii) Visual contact with the tower is prescribed departure procedure for that maintained; and airport or the applicable distance from (iii) A clearance to land is received. clouds criteria, each pilot of a turbine- (e) Minimum altitudes when operating powered airplane and each pilot of a to an airport in Class D airspace. (1) Un- large airplane must climb to an alti- less required by the applicable dis- tude of 1,500 feet above the surface as tance-from-cloud criteria, each pilot rapidly as practicable.

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(h) Noise abatement. Where a formal structed by ATC while operating in the runway use program has been estab- Class C airspace area; or lished by the FAA, each pilot of a large (ii) From a satellite airport without or turbine-powered airplane assigned a an operating control tower, must es- noise abatement runway by ATC must tablish and maintain two-way radio use that runway. However, consistent communications with the ATC facility with the final authority of the pilot in having jurisdiction over the Class C command concerning the safe oper- airspace area as soon as practicable ation of the aircraft as prescribed in after departing. § 91.3(a), ATC may assign a different (d) Equipment requirements. Unless runway if requested by the pilot in the otherwise authorized by the ATC hav- interest of safety. ing jurisdiction over the Class C air- (i) Takeoff, landing, taxi clearance. No space area, no person may operate an person may, at any airport with an op- aircraft within a Class C airspace area erating control tower, operate an air- designated for an airport unless that craft on a runway or taxiway, or take aircraft is equipped with the applicable off or land an aircraft, unless an appro- equipment specified in § 91.215, and priate clearance is received from ATC. after January 1, 2020, § 91.225. [Doc. No. 24458, 56 FR 65658, Dec. 17, 1991, as (e) Deviations. An operator may devi- amended by Amdt. 91–234, 58 FR 48793, Sept. ate from any provision of this section 20, 1993; Amdt. 91–296, 72 FR 31678, June 7, under the provisions of an ATC author- 2007; 77 FR 28250, May 14, 2012] ization issued by the ATC facility hav- ing jurisdiction over the airspace con- § 91.130 Operations in Class C air- cerned. ATC may authorize a deviation space. on a continuing basis or for an indi- (a) General. Unless otherwise author- vidual flight, as appropriate. ized by ATC, each aircraft operation in Class C airspace must be conducted in [Doc. No. 24458, 56 FR 65659, Dec. 17, 1991, as compliance with this section and amended by Amdt. 91–232, 58 FR 40736, July § 91.129. For the purpose of this section, 30, 1993; Amdt. 91–239, 59 FR 11693, Mar. 11, 1994; Amdt. 91–314, 75 FR 30193, May 28, 2010] the primary airport is the airport for which the Class C airspace area is des- § 91.131 Operations in Class B air- ignated. A satellite airport is any other space. airport within the Class C airspace area. (a) Operating rules. No person may op- (b) Traffic patterns. No person may erate an aircraft within a Class B air- take off or land an aircraft at a sat- space area except in compliance with ellite airport within a Class C airspace § 91.129 and the following rules: area except in compliance with FAA (1) The operator must receive an ATC arrival and departure traffic patterns. clearance from the ATC facility having (c) Communications. Each person oper- jurisdiction for that area before oper- ating an aircraft in Class C airspace ating an aircraft in that area. must meet the following two-way radio (2) Unless otherwise authorized by communications requirements: ATC, each person operating a large tur- (1) Arrival or through flight. Each per- bine engine-powered airplane to or son must establish two-way radio com- from a primary airport for which a munications with the ATC facility (in- Class B airspace area is designated cluding foreign ATC in the case of for- must operate at or above the des- eign airspace designated in the United ignated floors of the Class B airspace States) providing air traffic services area while within the lateral limits of prior to entering that airspace and that area. thereafter maintain those communica- (3) Any person conducting pilot tions while within that airspace. training operations at an airport with- (2) Departing flight. Each person— in a Class B airspace area must comply (i) From the primary airport or sat- with any procedures established by ellite airport with an operating control ATC for such operations in that area. tower must establish and maintain (b) Pilot requirements. (1) No person two-way radio communications with may take off or land a civil aircraft at the control tower, and thereafter as in- an airport within a Class B airspace

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area or operate a civil aircraft within a Broadcast Out equipment specified in Class B airspace area unless— § 91.225. (i) The pilot in command holds at [Doc. No. 24458, 56 FR 65658, Dec. 17, 1991, as least a private pilot certificate; amended by Amdt. 91–282, 69 FR 44880, July (ii) The pilot in command holds a 27, 2004; Amdt. 91–296, 72 FR 31678, June 7, recreational pilot certificate and has 2007; Amdt. 91–314, 75 FR 30193, May 28, 2010] met— (A) The requirements of § 61.101(d) of § 91.133 Restricted and prohibited areas. this chapter; or (B) The requirements for a student (a) No person may operate an aircraft pilot seeking a recreational pilot cer- within a restricted area (designated in tificate in § 61.94 of this chapter; part 73) contrary to the restrictions (iii) The pilot in command holds a imposed, or within a prohibited area, sport pilot certificate and has met— unless that person has the permission of the using or controlling agency, as (A) The requirements of § 61.325 of appropriate. this chapter; or (b) Each person conducting, within a (B) The requirements for a student restricted area, an aircraft operation pilot seeking a recreational pilot cer- (approved by the using agency) that tificate in § 61.94 of this chapter; or creates the same hazards as the oper- (iv) The aircraft is operated by a stu- ations for which the restricted area dent pilot who has met the require- was designated may deviate from the ments of § 61.94 or § 61.95 of this chapter, rules of this subpart that are not com- as applicable. patible with the operation of the air- (2) Notwithstanding the provisions of craft. paragraphs (b)(1)(ii), (b)(1)(iii) and (b)(1)(iv) of this section, no person may § 91.135 Operations in Class A air- take off or land a civil aircraft at those space. airports listed in section 4 of appendix Except as provided in paragraph (d) D to this part unless the pilot in com- of this section, each person operating mand holds at least a private pilot cer- an aircraft in Class A airspace must tificate. conduct that operation under instru- (c) Communications and navigation ment flight rules (IFR) and in compli- equipment requirements. Unless other- ance with the following: wise authorized by ATC, no person may (a) Clearance. Operations may be con- operate an aircraft within a Class B ducted only under an ATC clearance re- airspace area unless that aircraft is ceived prior to entering the airspace. equipped with— (b) Communications. Unless otherwise (1) For IFR operation. An operable authorized by ATC, each aircraft oper- VOR or TACAN receiver or an operable ating in Class A airspace must be and suitable RNAV system; and equipped with a two-way radio capable of communicating with ATC on a fre- (2) For all operations. An operable quency assigned by ATC. Each pilot two-way radio capable of communica- must maintain two-way radio commu- tions with ATC on appropriate fre- nications with ATC while operating in quencies for that Class B airspace area. Class A airspace. (d) Other equipment requirements. No (c) Equipment requirements. Unless person may operate an aircraft in a otherwise authorized by ATC, no per- Class B airspace area unless the air- son may operate an aircraft within craft is equipped with— Class A airspace unless that aircraft is (1) The applicable operating trans- equipped with the applicable equip- ponder and automatic altitude report- ment specified in § 91.215, and after Jan- ing equipment specified in § 91.215 (a), uary 1, 2020, § 91.225. except as provided in § 91.215 (e), and (d) ATC authorizations. An operator (2) After January 1, 2020, the applica- may deviate from any provision of this ble Automatic Dependent Surveillance- section under the provisions of an ATC authorization issued by the ATC facil- ity having jurisdiction of the airspace

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concerned. In the case of an inoper- (1) The aircraft is participating in ative transponder, ATC may imme- hazard relief activities and is being op- diately approve an operation within a erated under the direction of the offi- Class A airspace area allowing flight to cial in charge of on scene emergency continue, if desired, to the airport of response activities. ultimate destination, including any in- (2) The aircraft is carrying law en- termediate stops, or to proceed to a forcement officials. place where suitable repairs can be (3) The aircraft is operating under made, or both. Requests for deviation the ATC approved IFR flight plan. from any provision of this section must be submitted in writing, at least 4 days (4) The operation is conducted di- before the proposed operation. ATC rectly to or from an airport within the may authorize a deviation on a con- area, or is necessitated by the imprac- tinuing basis or for an individual ticability of VFR flight above or flight. around the area due to weather, or ter- rain; notification is given to the Flight [Doc. No. 24458, 56 FR 65659, Dec. 17, 1991, as Service Station (FSS) or ATC facility amended by Amdt. 91–314, 75 FR 30193, May 28, 2010] specified in the NOTAM to receive advisories concerning disaster relief § 91.137 Temporary flight restrictions aircraft operations; and the operation in the vicinity of disaster/hazard does not hamper or endanger relief ac- areas. tivities and is not conducted for the (a) The Administrator will issue a purpose of observing the disaster. Notice to Airmen (NOTAM) desig- (5) The aircraft is carrying properly nating an area within which temporary accredited news representatives, and, flight restrictions apply and specifying prior to entering the area, a flight plan the hazard or condition requiring their is filed with the appropriate FAA or imposition, whenever he determines it ATC facility specified in the Notice to is necessary in order to— Airmen and the operation is conducted (1) Protect persons and property on above the altitude used by the disaster the surface or in the air from a hazard relief aircraft, unless otherwise author- associated with an incident on the sur- ized by the official in charge of on face; scene emergency response activities. (2) Provide a safe environment for (d) When a NOTAM has been issued the operation of disaster relief aircraft; under paragraph (a)(3) of this section, or (3) Prevent an unsafe congestion of no person may operate an aircraft sightseeing and other aircraft above an within the designated area unless at incident or event which may generate a least one of the following conditions is high degree of public interest. met: (1) The operation is conducted di- The Notice to Airmen will specify the rectly to or from an airport within the hazard or condition that requires the area, or is necessitated by the imprac- imposition of temporary flight restric- ticability of VFR flight above or tions. around the area due to weather or ter- (b) When a NOTAM has been issued rain, and the operation is not con- under paragraph (a)(1) of this section, ducted for the purpose of observing the no person may operate an aircraft incident or event. within the designated area unless that aircraft is participating in the hazard (2) The aircraft is operating under an relief activities and is being operated ATC approved IFR flight plan. under the direction of the official in (3) The aircraft is carrying incident charge of on scene emergency response or event personnel, or law enforcement activities. officials. (c) When a NOTAM has been issued (4) The aircraft is carrying properly under paragraph (a)(2) of this section, accredited news representatives and, no person may operate an aircraft prior to entering that area, a flight within the designated area unless at plan is filed with the appropriate FSS least one of the following conditions or ATC facility specified in the are met: NOTAM.

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(e) Flight plans filed and notifica- charge of on-scene emergency response tions made with an FSS or ATC facil- activities. ity under this section shall include the (5) The aircraft is operating in ac- following information: cordance with an ATC clearance or in- (1) Aircraft identification, type and struction. color. (c) A NOTAM issued under this sec- (2) Radio communications fre- tion is effective for 90 days or until the quencies to be used. national disaster area designation is (3) Proposed times of entry of, and terminated, whichever comes first, un- exit from, the designated area. less terminated by notice or extended (4) Name of news media or organiza- by the Administrator at the request of tion and purpose of flight. the Governor of the State of Hawaii or (5) Any other information requested the Governor’s designee. by ATC. [Doc. No. 26476, 56 FR 23178, May 20, 1991, as § 91.138 Temporary flight restrictions amended by Amdt. 91–270, 66 FR 47377, Sept. in national disaster areas in the 11, 2001] State of Hawaii. (a) When the Administrator has de- § 91.139 Emergency air traffic rules. termined, pursuant to a request and (a) This section prescribes a process justification provided by the Governor for utilizing Notices to Airmen of the State of Hawaii, or the Gov- (NOTAMs) to advise of the issuance ernor’s designee, that an inhabited and operations under emergency air area within a declared national dis- traffic rules and regulations and des- aster area in the State of Hawaii is in ignates the official who is authorized need of protection for humanitarian to issue NOTAMs on behalf of the Ad- reasons, the Administrator will issue a ministrator in certain matters under Notice to Airmen (NOTAM) desig- this section. nating an area within which temporary (b) Whenever the Administrator de- flight restrictions apply. The Adminis- termines that an emergency condition trator will designate the extent and du- exists, or will exist, relating to the ration of the temporary flight restric- FAA’s ability to operate the air traffic tions necessary to provide for the pro- control system and during which nor- tection of persons and property on the mal flight operations under this chap- surface. ter cannot be conducted consistent (b) When a NOTAM has been issued in with the required levels of safety and accordance with this section, no person efficiency— may operate an aircraft within the des- (1) The Administrator issues an im- ignated area unless at least one of the mediately effective air traffic rule or following conditions is met: regulation in response to that emer- (1) That person has obtained author- gency condition; and ization from the official in charge of (2) The Administrator or the Asso- associated emergency or disaster relief ciate Administrator for Air Traffic response activities, and is operating may utilize the NOTAM system to pro- the aircraft under the conditions of vide notification of the issuance of the that authorization. rule or regulation. (2) The aircraft is carrying law en- forcement officials. Those NOTAMs communicate informa- (3) The aircraft is carrying persons tion concerning the rules and regula- involved in an emergency or a legiti- tions that govern flight operations, the mate scientific purpose. use of navigation facilities, and des- (4) The aircraft is carrying properly ignation of that airspace in which the accredited newspersons, and that prior rules and regulations apply. to entering the area, a flight plan is (c) When a NOTAM has been issued filed with the appropriate FAA or ATC under this section, no person may oper- facility specified in the NOTAM and ate an aircraft, or other device gov- the operation is conducted in compli- erned by the regulation concerned, ance with the conditions and restric- within the designated airspace except tions established by the official in in accordance with the authorizations,

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terms, and conditions prescribed in the § 91.145 Management of aircraft oper- regulation covered by the NOTAM. ations in the vicinity of aerial dem- onstrations and major sporting § 91.141 Flight restrictions in the prox- events. imity of the Presidential and other (a) The FAA will issue a Notice to parties. Airmen (NOTAM) designating an area No person may operate an aircraft of airspace in which a temporary flight over or in the vicinity of any area to be restriction applies when it determines visited or traveled by the President, that a temporary flight restriction is the Vice President, or other public fig- necessary to protect persons or prop- ures contrary to the restrictions estab- erty on the surface or in the air, to lished by the Administrator and pub- maintain air safety and efficiency, or lished in a Notice to Airmen (NOTAM). to prevent the unsafe congestion of air- craft in the vicinity of an aerial dem- § 91.143 Flight limitation in the prox- onstration or major sporting event. imity of space flight operations. These demonstrations and events may include: When a Notice to Airmen (NOTAM) is (1) United States Naval Flight Dem- issued in accordance with this section, onstration Team (Blue Angels); no person may operate any aircraft of (2) United States Air Force Air Dem- U.S. registry, or pilot any aircraft onstration Squadron (Thunderbirds); under the authority of an airman cer- (3) United States Army Parachute tificate issued by the Federal Aviation Team (Golden Knights); Administration, within areas des- (4) Summer/Winter Olympic Games; ignated in a NOTAM for space flight (5) Annual Tournament of Roses operation except when authorized by Football Game; ATC. (6) World Cup Soccer; (7) Major League Baseball All-Star [Doc. No. FAA–2004–19246, 69 FR 59753, Oct. 5, Game; 2004] (8) World Series; (9) Kodak Albuquerque International § 91.144 Temporary restriction on flight operations during abnormally Balloon Fiesta; high barometric pressure condi- (10) Sandia Classic Hang Gliding tions. Competition; (11) Indianapolis 500 Mile Race; (a) Special flight restrictions. When any (12) Any other aerial demonstration information indicates that barometric or sporting event the FAA determines pressure on the route of flight cur- to need a temporary flight restriction rently exceeds or will exceed 31 inches in accordance with paragraph (b) of of mercury, no person may operate an this section. aircraft or initiate a flight contrary to (b) In deciding whether a temporary the requirements established by the flight restriction is necessary for an Administrator and published in a No- aerial demonstration or major sporting tice to Airmen issued under this sec- event not listed in paragraph (a) of this tion. section, the FAA considers the fol- (b) Waivers. The Administrator is au- lowing factors: thorized to waive any restriction (1) Area where the event will be held. issued under paragraph (a) of this sec- (2) Effect flight restrictions will have tion to permit emergency supply, on known aircraft operations. transport, or medical services to be de- (3) Any existing ATC airspace traffic livered to isolated communities, where management restrictions. the operation can be conducted with an (4) Estimated duration of the event. acceptable level of safety. (5) Degree of public interest. (6) Number of spectators. [Amdt. 91–240, 59 FR 17452, Apr. 12, 1994; 59 FR (7) Provisions for spectator safety. 37669, July 25, 1994] (8) Number and types of participating aircraft. (9) Use of mixed high and low per- formance aircraft.

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(10) Impact on non-participating air- surface but will not be greater than the craft. minimum airspace necessary for the (11) Weather minimums. management of aircraft operations in (12) Emergency procedures that will the vicinity of the specified area. be in effect. (f) A NOTAM issued under this sec- (c) A NOTAM issued under this sec- tion will be issued at least 30 days in tion will state the name of the aerial advance of an aerial demonstration or demonstration or sporting event and a major sporting event, unless the FAA specify the effective dates and times, finds good cause for a shorter period the geographic features or coordinates, and explains this in the NOTAM. and any other restrictions or proce- (g) When warranted, the FAA Admin- dures governing flight operations in istrator may exclude the following the designated airspace. flights from the provisions of this sec- (d) When a NOTAM has been issued in tion: accordance with this section, no person (1) Essential military. may operate an aircraft or device, or (2) Medical and rescue. engage in any activity within the des- (3) Presidential and Vice Presi- ignated airspace area, except in accord- dential. ance with the authorizations, terms, (4) Visiting heads of state. and conditions of the temporary flight (5) Law enforcement and security. restriction published in the NOTAM, (6) Public health and welfare. unless otherwise authorized by: [Doc. No. FAA–2000–8274, 66 FR 47378, Sept. (1) Air traffic control; or 11, 2001] (2) A Flight Standards Certificate of Waiver or Authorization issued for the § 91.146 Passenger-carrying flights for demonstration or event. the benefit of a charitable, non- (e) For the purpose of this section: profit, or community event. (1) Flight restricted airspace area for an (a) Definitions. For purposes of this aerial demonstration—The amount of section, the following definitions airspace needed to protect persons and apply: property on the surface or in the air, to Charitable event means an event that maintain air safety and efficiency, or raises funds for the benefit of a chari- to prevent the unsafe congestion of air- table organization recognized by the craft will vary depending on the aerial Department of the Treasury whose do- demonstration and the factors listed in nors may deduct contributions under paragraph (b) of this section. The re- section 170 of the Internal Revenue stricted airspace area will normally be Code (26 U.S.C. Section 170). limited to a 5 nautical mile radius Community event means an event that from the center of the demonstration raises funds for the benefit of any local and an altitude 17000 mean sea level or community cause that is not a char- (for high performance aircraft) or 13000 itable event or non-profit event. feet above the surface (for certain Non-profit event means an event that parachute operations), but will be no raises funds for the benefit of a non- greater than the minimum airspace profit organization recognized under necessary for the management of air- State or Federal law, as long as one of craft operations in the vicinity of the the organization’s purposes is the pro- specified area. motion of aviation safety. (2) Flight restricted area for a major (b) Passenger carrying flights for the sporting event—The amount of airspace benefit of a charitable, nonprofit, or needed to protect persons and property community event identified in para- on the surface or in the air, to main- graph (c) of this section are not subject tain air safety and efficiency, or to pre- to the certification requirements of vent the unsafe congestion of aircraft part 119 or the drug and alcohol testing will vary depending on the size of the requirements in part 120 of this chap- event and the factors listed in para- ter, provided the following conditions graph (b) of this section. The restricted are satisfied and the limitations in airspace will normally be limited to a paragraphs (c) and (d) are not exceeded: 3 nautical mile radius from the center (1) The flight is nonstop and begins of the event and 2500 feet above the and ends at the same airport and is

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conducted within a 25-statute mile ra- (e) At least seven days before the dius of that airport; event, each sponsor of an event de- (2) The flight is conducted from a scribed in this section must furnish to public airport that is adequate for the the responsible Flight Standards office airplane or helicopter used, or from an- for the area where the event is sched- other location the FAA approves for uled: the operation; (1) A signed letter detailing the name (3) The airplane or helicopter has a of the sponsor, the purpose of the maximum of 30 seats, excluding each event, the date and time of the event, crewmember seat, and a maximum the location of the event, all prior payload capacity of 7,500 pounds; events under this section participated (4) The flight is not an aerobatic or a in by the sponsor in the current cal- formation flight; endar year; (5) Each airplane or helicopter holds (2) A photocopy of each pilot in com- a standard airworthiness certificate, is mand’s pilot certificate, medical cer- airworthy, and is operated in compli- tificate, and logbook entries that show ance with the applicable requirements the pilot is current in accordance with of subpart E of this part; §§ 61.56 and 61.57 of this chapter and (6) Each flight is made during day that any private pilot has at least 500 VFR conditions; hours of flight time; and (3) A signed statement from each (7) Reimbursement of the operator of pilot that lists all prior events under the airplane or helicopter is limited to this section in which the pilot has par- that portion of the passenger payment ticipated during the current calendar for the flight that does not exceed the year. pro rata cost of owning, operating, and maintaining the aircraft for that [Doc. No. FAA–1998–4521, 72 FR 6910, Feb. 13, flight, which may include fuel, oil, air- 2007, as amended by Amdt. 91–308, 74 FR port expenditures, and rental fees; 32804, July 9, 2009; Docket FAA–2018–0119, (8) The beneficiary of the funds raised Amdt. 91–350, 83 FR 9171, Mar. 5, 2018] is not in the business of transportation § 91.147 Passenger carrying flights for by air; compensation or hire. (9) A private pilot acting as pilot in Each Operator conducting passenger- command has at least 500 hours of carrying flights for compensation or flight time; hire must meet the following require- (10) Each flight is conducted in ac- ments unless all flights are conducted cordance with the safety provisions of under § 91.146. part 136, subpart A of this chapter; and (a) For the purposes of this section (11) Flights are not conducted over a and for drug and alcohol testing, Oper- national park, unit of a national park, ator means any person conducting non- or abutting tribal lands, unless the op- stop passenger-carrying flights in an erator has secured a letter of agree- airplane or helicopter for compensa- ment from the FAA, as specified under tion or hire in accordance with subpart B of part 136 of this chapter, §§ 119.1(e)(2), 135.1(a)(5), or 121.1(d), of and is operating in accordance with this chapter that begin and end at the that agreement during the flights. same airport and are conducted within (c) (1) Passenger-carrying flights or a 25-statute mile radius of that airport. series of flights are limited to a total (b) An Operator must comply with of four charitable events or non-profit the safety provisions of part 136, sub- events per year, with no event lasting part A of this chapter, and apply for more than three consecutive days. and receive a Letter of Authorization (2) Passenger-carrying flights or se- from the responsible Flight Standards ries of flights are limited to one com- office. munity event per year, with no event (c) Each application for a Letter of lasting more than three consecutive Authorization must include the fol- days. lowing information: (d) Pilots and sponsors of events de- (1) Name of Operator, agent, and any scribed in this section are limited to no d/b/a (doing-business-as) under which more than 4 events per calendar year. that Operator does business;

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(2) Principal business address and (2) The type of the aircraft or, in the mailing address; case of a formation flight, the type of (3) Principal place of business (if dif- each aircraft and the number of air- ferent from business address); craft in the formation. (4) Name of person responsible for (3) The full name and address of the management of the business; pilot in command or, in the case of a (5) Name of person responsible for formation flight, the formation com- aircraft maintenance; mander. (6) Type of aircraft, registration (4) The point and proposed time of de- number(s), and make/model/series; and parture. (7) An Antidrug and Alcohol Misuse (5) The proposed route, cruising alti- Prevention Program registration. tude (or flight level), and true airspeed (d) The Operator must register and at that altitude. implement its drug and alcohol testing (6) The point of first intended landing programs in accordance with part 120 and the estimated elapsed time until of this chapter. over that point. (e) The Operator must comply with (7) The amount of fuel on board (in the provisions of the Letter of Author- hours). ization received. (8) The number of persons in the air- craft, except where that information is [Doc. No. FAA–1998–4521, 72 FR 6911, Feb. 13, otherwise readily available to the FAA. 2007, as amended by Amdt. 91–307, 74 FR (9) Any other information the pilot in 22652, May 14, 2009; Amdt. 91–320, 76 FR 8893, command or ATC believes is necessary Feb. 16, 2011; Docket FAA–2018–0119, Amdt. 91–350, 83 FR 9171, Mar. 5, 2018] for ATC purposes. (b) Cancellation. When a flight plan §§ 91.148–91.149 [Reserved] has been activated, the pilot in com- mand, upon canceling or completing VISUAL FLIGHT RULES the flight under the flight plan, shall notify an FAA Flight Service Station § 91.151 Fuel requirements for flight in or ATC facility. VFR conditions. (a) No person may begin a flight in § 91.155 Basic VFR weather minimums. an airplane under VFR conditions un- (a) Except as provided in paragraph less (considering wind and forecast (b) of this section and § 91.157, no per- weather conditions) there is enough son may operate an aircraft under VFR fuel to fly to the first point of intended when the flight visibility is less, or at landing and, assuming normal cruising a distance from clouds that is less, speed— than that prescribed for the cor- (1) During the day, to fly after that responding altitude and class of air- for at least 30 minutes; or space in the following table: (2) At night, to fly after that for at Distance from least 45 minutes. Airspace Flight visibility clouds (b) No person may begin a flight in a rotorcraft under VFR conditions unless Class A ...... Not Applicable .... Not Applicable. Class B ...... 3 statute miles .... Clear of Clouds. (considering wind and forecast weather Class C ...... 3 statute miles .... 500 feet below. conditions) there is enough fuel to fly ...... 1,000 feet above. to the first point of intended landing ...... 2,000 feet hori- zontal. and, assuming normal cruising speed, Class D ...... 3 statute miles .... 500 feet below. to fly after that for at least 20 minutes...... 1,000 feet above...... 2,000 feet hori- § 91.153 VFR flight plan: Information zontal. required. Class E: Less than 3 statute miles .... 500 feet below. (a) Information required. Unless other- 10,000 feet wise authorized by ATC, each person MSL...... 1,000 feet above. filing a VFR flight plan shall include in ...... 2,000 feet hori- it the following information: zontal. (1) The aircraft identification num- At or above 5 statute miles .... 1,000 feet below. 10,000 feet ber and, if necessary, its radio call MSL. sign...... 1,000 feet above.

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weight-shift-control aircraft clear of Airspace Flight visibility Distance from clouds clouds...... 1 statute mile hor- (c) Except as provided in § 91.157, no izontal. person may operate an aircraft beneath Class G: 1,200 feet or the ceiling under VFR within the lat- less above eral boundaries of controlled airspace the surface designated to the surface for an airport (regardless of MSL altitude) when the ceiling is less than 1,000 feet. For aircraft other (d) Except as provided in § 91.157 of than helicopters: this part, no person may take off or Day, except as 1 statute mile ...... Clear of clouds. provided in land an aircraft, or enter the traffic § 91.155(b). pattern of an airport, under VFR, with- Night, except as 3 statute miles .... 500 feet below. in the lateral boundaries of the surface provided in § 91.155(b). areas of Class B, Class C, Class D, or ...... 1,000 feet above. Class E airspace designated for an air- ...... 2,000 feet hori- port— zontal. For helicopters: (1) Unless ground visibility at that Day ...... 1⁄2 statute mile .... Clear of clouds airport is at least 3 statute miles; or Night, except as 1 statute mile ...... Clear of clouds. (2) If ground visibility is not reported provided in § 91.155(b). at that airport, unless flight visibility More than 1,200 during landing or takeoff, or while op- feet above the erating in the traffic pattern is at least surface but less than 3 statute miles. 10,000 feet (e) For the purpose of this section, an MSL Day ...... 1 statute mile ...... 500 feet below. aircraft operating at the base altitude ...... 1,000 feet above. of a Class E airspace area is considered ...... 2,000 feet hori- to be within the airspace directly zontal. Night ...... 3 statute miles .... 500 feet below. below that area...... 1,000 feet above...... 2,000 feet hori- [Doc. No. 24458, 56 FR 65660, Dec. 17, 1991, as zontal. amended by Amdt. 91–235, 58 FR 51968, Oct. 5, More than 1,200 5 statute miles .... 1,000 feet below. 1993; Amdt. 91–282, 69 FR 44880, July 27, 2004; feet above the Amdt. 91–330, 79 FR 9972, Feb. 21, 2014; Amdt. surface and at 91–330A, 79 FR 41125, July 15, 2014] or above 10,000 feet MSL. § 91.157 Special VFR weather mini- ...... 1,000 feet above. mums...... 1 statute mile hor- izontal. (a) Except as provided in appendix D, section 3, of this part, special VFR op- (b) Class G Airspace. Notwithstanding erations may be conducted under the the provisions of paragraph (a) of this weather minimums and requirements section, the following operations may of this section, instead of those con- be conducted in Class G airspace below tained in § 91.155, below 10,000 feet MSL 1,200 feet above the surface: within the airspace contained by the (1) Helicopter. A helicopter may be op- upward extension of the lateral bound- erated clear of clouds in an airport aries of the controlled airspace des- 1 traffic pattern within ⁄2 mile of the ignated to the surface for an airport. runway or helipad of intended landing (b) Special VFR operations may only if the flight visibility is not less than be conducted— 1⁄2 statute mile. (2) Airplane, powered parachute, or (1) With an ATC clearance; weight-shift-control aircraft. If the visi- (2) Clear of clouds; bility is less than 3 statute miles but (3) Except for helicopters, when flight not less than 1 statute mile during visibility is at least 1 statute mile; and night hours and you are operating in (4) Except for helicopters, between an airport traffic pattern within 1⁄2 sunrise and sunset (or in Alaska, when mile of the runway, you may operate the sun is 6 degrees or more below the an airplane, powered parachute, or horizon) unless—

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(i) The person being granted the ATC (b) When operating above 18,000 feet clearance meets the applicable require- MSL, maintain the altitude or flight ments for instrument flight under part level assigned by ATC. 61 of this chapter; and [Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as (ii) The aircraft is equipped as re- amended by Amdt. 91–276, 68 FR 61321, Oct. quired in § 91.205(d). 27, 2003; 68 FR 70133, Dec. 17, 2003] (c) No person may take off or land an aircraft (other than a helicopter) under § 91.161 Special awareness training re- special VFR— quired for pilots flying under visual (1) Unless ground visibility is at least flight rules within a 60-nautical mile radius of the Washington, DC 1 statute mile; or VOR/DME. (2) If ground visibility is not re- ported, unless flight visibility is at (a) Operations within a 60-nautical mile least 1 statute mile. For the purposes radius of the Washington, DC VOR/DME of this paragraph, the term flight visi- under visual flight rules (VFR). Except bility includes the visibility from the as provided under paragraph (e) of this cockpit of an aircraft in takeoff posi- section, no person may serve as a pilot tion if: in command or as second in command (i) The flight is conducted under this of an aircraft while flying within a 60- part 91; and nautical mile radius of the DCA VOR/ DME, under VFR, unless that pilot has (ii) The airport at which the aircraft completed Special Awareness Training is located is a satellite airport that and holds a certificate of training com- does not have weather reporting capa- pletion. bilities. (b) Special Awareness Training. The (d) The determination of visibility by Special Awareness Training consists of a pilot in accordance with paragraph information to educate pilots about the (c)(2) of this section is not an official procedures for flying in the Wash- weather report or an official ground ington, DC area and, more generally, in visibility report. other types of special use airspace. [Amdt. 91–235, 58 FR 51968, Oct. 5, 1993, as This free training is available on the amended by Amdt. 91–247, 60 FR 66874, Dec. FAA’s Web site. Upon completion of 27, 1995; Amdt. 91–262, 65 FR 16116, Mar. 24, the training, each person will need to 2000] print out a copy of the certificate of training completion. § 91.159 VFR cruising altitude or flight (c) Inspection of certificate of training level. completion. Each person who holds a Except while holding in a holding certificate for completing the Special pattern of 2 minutes or less, or while Awareness Training must present it for turning, each person operating an air- inspection upon request from: craft under VFR in level cruising flight (1) An authorized representative of more than 3,000 feet above the surface the FAA; shall maintain the appropriate altitude (2) An authorized representative of or flight level prescribed below, unless the National Transportation Safety otherwise authorized by ATC: Board; (a) When operating below 18,000 feet (3) Any Federal, State, or local law MSL and— enforcement officer; or (1) On a magnetic course of zero de- (4) An authorized representative of grees through 179 degrees, any odd the Transportation Security Adminis- thousand foot MSL altitude + 500 feet tration. (such as 3,500, 5,500, or 7,500); or (d) Emergency declared. The failure to (2) On a magnetic course of 180 de- complete the Special Awareness Train- grees through 359 degrees, any even ing course on flying in and around the thousand foot MSL altitude + 500 feet Washington, DC Metropolitan Area is (such as 4,500, 6,500, or 8,500). not a violation of this section if an emergency is declared by the pilot, as described under § 91.3(b), or there was a

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failure of two-way radio communica- visibility will be at least 2 statute tions when operating under IFR as de- miles. scribed under § 91.185. [Doc. No. 98–4390, 65 FR 3546, Jan. 21, 2000] (e) Exceptions. The requirements of this section do not apply if the flight is § 91.169 IFR flight plan: Information being performed in an aircraft of an air required. ambulance operator certificated to (a) Information required. Unless other- conduct part 135 operations under this wise authorized by ATC, each person chapter, the U.S. Armed Forces, or a filing an IFR flight plan must include law enforcement agency. in it the following information: [Doc. No. FAA–2006–25250, 73 FR 46803, Aug. (1) Information required under § 91.153 12, 2008] (a) of this part; (2) Except as provided in paragraph §§ 91.162–91.165 [Reserved] (b) of this section, an alternate airport. (b) Paragraph (a)(2) of this section INSTRUMENT FLIGHT RULES does not apply if : (1) Part 97 of this chapter prescribes § 91.167 Fuel requirements for flight in a standard instrument approach proce- IFR conditions. dure to, or a special instrument ap- (a) No person may operate a civil air- proach procedure has been issued by craft in IFR conditions unless it car- the Administrator to the operator for, ries enough fuel (considering weather the first airport of intended landing; reports and forecasts and weather con- and ditions) to— (2) Appropriate weather reports or (1) Complete the flight to the first weather forecasts, or a combination of airport of intended landing; them, indicate the following: (2) Except as provided in paragraph (i) For aircraft other than helicopters. (b) of this section, fly from that airport For at least 1 hour before and for 1 to the alternate airport; and hour after the estimated time of ar- (3) Fly after that for 45 minutes at rival, the ceiling will be at least 2,000 normal cruising speed or, for heli- feet above the airport elevation and copters, fly after that for 30 minutes at the visibility will be at least 3 statute normal cruising speed. miles. (b) Paragraph (a)(2) of this section (ii) For helicopters. At the estimated does not apply if: time of arrival and for 1 hour after the (1) Part 97 of this chapter prescribes estimated time of arrival, the ceiling a standard instrument approach proce- will be at least 1,000 feet above the air- dure to, or a special instrument ap- port elevation, or at least 400 feet proach procedure has been issued by above the lowest applicable approach the Administrator to the operator for, minima, whichever is higher, and the the first airport of intended landing; visibility will be at least 2 statute and miles. (2) Appropriate weather reports or (c) IFR alternate airport weather mini- weather forecasts, or a combination of ma. Unless otherwise authorized by the them, indicate the following: Administrator, no person may include (i) For aircraft other than helicopters. an alternate airport in an IFR flight For at least 1 hour before and for 1 plan unless appropriate weather re- hour after the estimated time of ar- ports or weather forecasts, or a com- rival, the ceiling will be at least 2,000 bination of them, indicate that, at the feet above the airport elevation and estimated time of arrival at the alter- the visibility will be at least 3 statute nate airport, the ceiling and visibility miles. at that airport will be at or above the (ii) For helicopters. At the estimated following weather minima: time of arrival and for 1 hour after the (1) If an instrument approach proce- estimated time of arrival, the ceiling dure has been published in part 97 of will be at least 1,000 feet above the air- this chapter, or a special instrument port elevation, or at least 400 feet approach procedure has been issued by above the lowest applicable approach the Administrator to the operator, for minima, whichever is higher, and the that airport, the following minima:

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(i) For aircraft other than helicopters: radio repair station or, outside the The alternate airport minima specified United States, a test signal operated or in that procedure, or if none are speci- approved by an appropriate authority fied the following standard approach to check the VOR equipment (the max- minima: imum permissible indicated bearing (A) For a precision approach procedure. error is plus or minus 4 degrees); or Ceiling 600 feet and visibility 2 statute (2) Use, at the airport of intended de- miles. parture, a point on the airport surface (B) For a nonprecision approach proce- designated as a VOR system check- dure. Ceiling 800 feet and visibility 2 point by the Administrator, or, outside statute miles. the United States, by an appropriate (ii) For helicopters: Ceiling 200 feet authority (the maximum permissible above the minimum for the approach bearing error is plus or minus 4 de- to be flown, and visibility at least 1 grees); statute mile but never less than the (3) If neither a test signal nor a des- minimum visibility for the approach to ignated checkpoint on the surface is be flown, and available, use an airborne checkpoint (2) If no instrument approach proce- designated by the Administrator or, dure has been published in part 97 of outside the United States, by an appro- this chapter and no special instrument priate authority (the maximum per- approach procedure has been issued by missible bearing error is plus or minus the Administrator to the operator, for 6 degrees); or the alternate airport, the ceiling and (4) If no check signal or point is visibility minima are those allowing available, while in flight— descent from the MEA, approach, and (i) Select a VOR radial that lies landing under basic VFR. along the centerline of an established (d) Cancellation. When a flight plan VOR airway; has been activated, the pilot in com- (ii) Select a prominent ground point mand, upon canceling or completing along the selected radial preferably the flight under the flight plan, shall more than 20 nautical miles from the notify an FAA Flight Service Station VOR ground facility and maneuver the or ATC facility. aircraft directly over the point at a [Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as reasonably low altitude; and amended by Amdt. 91–259, 65 FR 3546, Jan. 21, (iii) Note the VOR bearing indicated 2000] by the receiver when over the ground point (the maximum permissible vari- § 91.171 VOR equipment check for IFR ation between the published radial and operations. the indicated bearing is 6 degrees). (a) No person may operate a civil air- (c) If dual system VOR (units inde- craft under IFR using the VOR system pendent of each other except for the of radio navigation unless the VOR antenna) is installed in the aircraft, equipment of that aircraft— the person checking the equipment (1) Is maintained, checked, and in- may check one system against the spected under an approved procedure; other in place of the check procedures or specified in paragraph (b) of this sec- (2) Has been operationally checked tion. Both systems shall be tuned to within the preceding 30 days, and was the same VOR ground facility and note found to be within the limits of the the indicated bearings to that station. permissible indicated bearing error set The maximum permissible variation forth in paragraph (b) or (c) of this sec- between the two indicated bearings is 4 tion. degrees. (b) Except as provided in paragraph (d) Each person making the VOR (c) of this section, each person con- operational check, as specified in para- ducting a VOR check under paragraph graph (b) or (c) of this section, shall (a)(2) of this section shall— enter the date, place, bearing error, (1) Use, at the airport of intended de- and sign the aircraft log or other parture, an FAA-operated or approved record. In addition, if a test signal ra- test signal or a test signal radiated by diated by a repair station, as specified a certificated and appropriately rated in paragraph (b)(1) of this section, is

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used, an entry must be made in the air- down to occur within the touchdown craft log or other record by the repair zone of the runway of intended landing; station certificate holder or the certifi- (2) The flight visibility is not less cate holder’s representative certifying than the visibility prescribed in the to the bearing transmitted by the re- standard instrument approach being pair station for the check and the date used; and of transmission. (3) Except for a Category II or Cat- (Approved by the Office of Management and egory III approach where any necessary Budget under control number 2120–0005) visual reference requirements are spec- ified by the Administrator, at least one § 91.173 ATC clearance and flight plan of the following visual references for required. the intended runway is distinctly visi- No person may operate an aircraft in ble and identifiable to the pilot: controlled airspace under IFR unless (i) The approach light system, except that person has— that the pilot may not descend below (a) Filed an IFR flight plan; and 100 feet above the touchdown zone ele- (b) Received an appropriate ATC vation using the approach lights as a clearance. reference unless the red terminating bars or the red side row bars are also § 91.175 Takeoff and landing under distinctly visible and identifiable. IFR. (ii) The threshold. (a) Instrument approaches to civil air- (iii) The threshold markings. ports. Unless otherwise authorized by (iv) The threshold lights. the FAA, when it is necessary to use an (v) The runway end identifier lights. instrument approach to a civil airport, (vi) The visual glideslope indicator. each person operating an aircraft must (vii) The touchdown zone or touch- use a standard instrument approach down zone markings. procedure prescribed in part 97 of this (viii) The touchdown zone lights. chapter for that airport. This para- (ix) The runway or runway markings. graph does not apply to United States (x) The runway lights. military aircraft. (d) Landing. No pilot operating an (b) Authorized DA/DH or MDA. For the aircraft, except a military aircraft of purpose of this section, when the ap- the United States, may land that air- proach procedure being used provides craft when— for and requires the use of a DA/DH or (1) For operations conducted under MDA, the authorized DA/DH or MDA is § 91.176 of this part, the requirements of the highest of the following: paragraphs (a)(3)(iii) or (b)(3)(iii), as (1) The DA/DH or MDA prescribed by applicable, of that section are not met; the approach procedure. or (2) The DA/DH or MDA prescribed for (2) For all other operations under the pilot in command. this part and parts 121, 125, 129, and 135, (3) The DA/DH or MDA appropriate the flight visibility is less than the vis- for the aircraft equipment available ibility prescribed in the standard in- and used during the approach. strument approach procedure being (c) Operation below DA/DH or MDA. used. Except as provided in § 91.176 of this (e) Missed approach procedures. Each chapter, where a DA/DH or MDA is ap- pilot operating an aircraft, except a plicable, no pilot may operate an air- military aircraft of the United States, craft, except a military aircraft of the shall immediately execute an appro- United States, below the authorized priate missed approach procedure when MDA or continue an approach below either of the following conditions exist: the authorized DA/DH unless— (1) Whenever operating an aircraft (1) The aircraft is continuously in a pursuant to paragraph (c) of this sec- position from which a descent to a tion or § 91.176 of this part, and the re- landing on the intended runway can be quirements of that paragraph or sec- made at a normal rate of descent using tion are not met at either of the fol- normal maneuvers, and for operations lowing times: conducted under part 121 or part 135 un- (i) When the aircraft is being oper- less that descent rate will allow touch- ated below MDA; or

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(ii) Upon arrival at the missed ap- pliance with the airplane performance proach point, including a DA/DH where operating limitations prescribed by the a DA/DH is specified and its use is re- State of the operator for takeoff at quired, and at any time after that until that airport. touchdown. (g) Military airports. Unless otherwise (2) Whenever an identifiable part of prescribed by the Administrator, each the airport is not distinctly visible to person operating a civil aircraft under the pilot during a circling maneuver at IFR into or out of a military airport or above MDA, unless the inability to shall comply with the instrument ap- see an identifiable part of the airport proach procedures and the takeoff and results only from a normal bank of the landing minimum prescribed by the aircraft during the circling approach. military authority having jurisdiction (f) Civil airport takeoff minimums. This of that airport. paragraph applies to persons operating (h) Comparable values of RVR and an aircraft under part 121, 125, 129, or ground visibility. (1) Except for Category 135 of this chapter. II or Category III minimums, if RVR (1) Unless otherwise authorized by minimums for takeoff or landing are the FAA, no pilot may takeoff from a prescribed in an instrument approach civil airport under IFR unless the procedure, but RVR is not reported for weather conditions at time of takeoff the runway of intended operation, the are at or above the weather minimums for IFR takeoff prescribed for that air- RVR minimum shall be converted to port under part 97 of this chapter. ground visibility in accordance with (2) If takeoff weather minimums are the table in paragraph (h)(2) of this sec- not prescribed under part 97 of this tion and shall be the visibility min- chapter for a particular airport, the imum for takeoff or landing on that following weather minimums apply to runway. takeoffs under IFR: (2) (i) For aircraft, other than heli- Visibility copters, having two engines or less—1 RVR (feet) (statute statute mile visibility. miles) (ii) For aircraft having more than 1,600 ...... 1⁄4 1 2 two engines— ⁄ statute mile visibility. 2,400 ...... 1⁄2 1 (iii) For helicopters— ⁄2 statute mile 3,200 ...... 5⁄8 visibility. 4,000 ...... 3⁄4 (3) Except as provided in paragraph 4,500 ...... 7⁄8 (f)(4) of this section, no pilot may take- 5,000 ...... 1 1 off under IFR from a civil airport hav- 6,000 ...... 1 ⁄4 ing published obstacle departure proce- (i) Operations on unpublished routes dures (ODPs) under part 97 of this chapter for the takeoff runway to be and use of radar in instrument approach used, unless the pilot uses such ODPs procedures. When radar is approved at or an alternative procedure or route as- certain locations for ATC purposes, it signed by air traffic control. may be used not only for surveillance (4) Notwithstanding the requirements and precision radar approaches, as ap- of paragraph (f)(3) of this section, no plicable, but also may be used in con- pilot may takeoff from an airport junction with instrument approach under IFR unless: procedures predicated on other types of (i) For part 121 and part 135 opera- radio navigational aids. Radar vectors tors, the pilot uses a takeoff obstacle may be authorized to provide course clearance or avoidance procedure that guidance through the segments of an ensures compliance with the applicable approach to the final course or fix. airplane performance operating limita- When operating on an unpublished tions requirements under part 121, sub- route or while being radar vectored, part I or part 135, subpart I for takeoff the pilot, when an approach clearance at that airport; or is received, shall, in addition to com- (ii) For part 129 operators, the pilot plying with § 91.177, maintain the last uses a takeoff obstacle clearance or altitude assigned to that pilot until the avoidance procedure that ensures com- aircraft is established on a segment of

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a published route or instrument ap- less paragraph (d) of this section ap- proach procedure unless a different al- plies, no person may conduct an EFVS titude is assigned by ATC. After the operation in an aircraft, except a mili- aircraft is so established, published al- tary aircraft of the United States, at titudes apply to descent within each any airport below the authorized DA/ succeeding route or approach segment DH to touchdown and rollout unless unless a different altitude is assigned the minimums used for the particular by ATC. Upon reaching the final ap- approach procedure being flown include proach course or fix, the pilot may ei- a DA or DH, and the following require- ther complete the instrument approach ments are met: in accordance with a procedure ap- (1) Equipment. (i) The aircraft must proved for the facility or continue a be equipped with an operable EFVS surveillance or precision radar ap- that meets the applicable airworthi- proach to a landing. ness requirements. The EFVS must: (j) Limitation on procedure turns. In (A) Have an electronic means to pro- the case of a radar vector to a final ap- vide a display of the forward external proach course or fix, a timed approach scene topography (the applicable nat- from a holding fix, or an approach for ural or manmade features of a place or which the procedure specifies ‘‘No PT,’’ region especially in a way to show no pilot may make a procedure turn their relative positions and elevation) unless cleared to do so by ATC. through the use of imaging sensors, in- (k) ILS components. The basic compo- cluding but not limited to forward- nents of an ILS are the localizer, glide looking infrared, millimeter wave slope, and outer marker, and, when in- radiometry, millimeter wave radar, or stalled for use with Category II or Cat- low-light level image intensification. egory III instrument approach proce- (B) Present EFVS sensor imagery, dures, an inner marker. The following aircraft flight information, and flight means may be used to substitute for symbology on a head up display, or an the outer marker: Compass locator; equivalent display, so that the im- precision approach radar (PAR) or air- agery, information and symbology are port surveillance radar (ASR); DME, clearly visible to the pilot flying in his VOR, or nondirectional beacon fixes or her normal position with the line of authorized in the standard instrument vision looking forward along the flight approach procedure; or a suitable path. Aircraft flight information and RNAV system in conjunction with a fix flight symbology must consist of at identified in the standard instrument least airspeed, vertical speed, aircraft approach procedure. Applicability of, attitude, heading, altitude, height and substitution for, the inner marker above ground level such as that pro- for a Category II or III approach is de- vided by a radio altimeter or other de- termined by the appropriate 14 CFR vice capable of providing equivalent part 97 approach procedure, letter of performance, command guidance as ap- authorization, or operations specifica- propriate for the approach to be flown, tions issued to an operator. path deviation indications, flight path [Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as vector, and flight path angle reference amended by Amdt. 91–267, 66 FR 21066, Apr. cue. Additionally, for aircraft other 27, 2001; Amdt. 91–281, 69 FR 1640, Jan. 9, 2004; than rotorcraft, the EFVS must dis- Amdt. 91–296, 72 FR 31678, June 7, 2007; Amdt. play flare prompt or flare guidance. 91–306, 74 FR 20205, May 1, 2009; Docket FAA– 2013–0485, Amdt. 91–345, 81 FR 90172, Dec. 13, (C) Present the displayed EFVS sen- 2016; Amdt. 91–345B, 83 FR 10568, Mar. 12, 2018] sor imagery, attitude symbology, flight path vector, and flight path angle ref- § 91.176 Straight-in landing operations erence cue, and other cues, which are below DA/DH or MDA using an en- referenced to the EFVS sensor imagery hanced flight vision system (EFVS) and external scene topography, so that under IFR. they are aligned with, and scaled to, (a) EFVS operations to touchdown and the external view. rollout. Unless otherwise authorized by (D) Display the flight path angle ref- the Administrator to use an MDA as a erence cue with a pitch scale. The DA/DH with vertical navigation on an flight path angle reference cue must be instrument approach procedure, or un- selectable by the pilot to the desired

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descent angle for the approach and be serving as a required pilot flightcrew sufficient to monitor the vertical flight member for a part 121, 125, or 135 oper- path of the aircraft. ator, must be qualified in accordance (E) Display the EFVS sensor im- with part 61 and, as applicable, the agery, aircraft flight information, and training, testing, and qualification pro- flight symbology such that they do not visions of subpart K of this part, part adversely obscure the pilot’s outside 121, 125, or 135 of this chapter that view or field of view through the cock- apply to the operation; or pit window. (B) Each person acting as a required (F) Have display characteristics, dy- pilot flightcrew member for a foreign namics, and cues that are suitable for air carrier subject to part 129, or any manual control of the aircraft to person serving as a required pilot touchdown in the touchdown zone of flightcrew member of a foreign reg- the runway of intended landing and istered aircraft, must be qualified in during rollout. accordance with the training require- (ii) When a minimum flightcrew of ments of the civil aviation authority of more than one pilot is required, the the State of the operator for the EFVS aircraft must be equipped with a dis- operation to be conducted. play that provides the pilot monitoring (viii) A person conducting operations with EFVS sensor imagery. Any sym- under this part must conduct the oper- bology displayed may not adversely ob- ation in accordance with a letter of au- scure the sensor imagery of the runway thorization for the use of EFVS unless environment. the operation is conducted in an air- (2) Operations. (i) The pilot con- craft that has been issued an experi- ducting the EFVS operation may not mental certificate under § 21.191 of this use circling minimums. chapter for the purpose of research and (ii) Each required pilot flightcrew development or showing compliance member must have adequate knowl- with regulations, or the operation is edge of, and familiarity with, the air- being conducted by a person otherwise craft, the EFVS, and the procedures to authorized to conduct EFVS operations be used. under paragraphs (a)(2)(ix) through (iii) The aircraft must be equipped (xii) of this section. A person applying with, and the pilot flying must use, an to the FAA for a letter of authoriza- operable EFVS that meets the equip- tion must submit an application in a ment requirements of paragraph (a)(1) form and manner prescribed by the Ad- of this section. ministrator. (iv) When a minimum flightcrew of more than one pilot is required, the (ix) A person conducting operations pilot monitoring must use the display under subpart K of this part must con- specified in paragraph (a)(1)(ii) to mon- duct the operation in accordance with itor and assess the safe conduct of the management specifications authorizing approach, landing, and rollout. the use of EFVS. (v) The aircraft must continuously be (x) A person conducting operations in a position from which a descent to a under part 121, 129, or 135 of this chap- landing on the intended runway can be ter must conduct the operation in ac- made at a normal rate of descent using cordance with operations specifications normal maneuvers. authorizing the use of EFVS. (vi) The descent rate must allow (xi) A person conducting operations touchdown to occur within the touch- under part 125 of this chapter must down zone of the runway of intended conduct the operation in accordance landing. with operations specifications author- (vii) Each required pilot flightcrew izing the use of EFVS or, for a holder member must meet the following re- of a part 125 letter of deviation author- quirements— ity, a letter of authorization for the (A) A person exercising the privileges use of EFVS. of a pilot certificate issued under this (xii) A person conducting an EFVS chapter, any person serving as a re- operation during an authorized Cat- quired pilot flightcrew member of a egory II or Category III operation must U.S.-registered aircraft, or any person conduct the operation in accordance

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with operations specifications, man- teristics, operational procedures, or ap- agement specifications, or a letter of proach characteristics. These require- authorization authorizing EFVS oper- ments will be specified in an operator’s ations during authorized Category II or operations specifications, management Category III operations. specifications, or letter of authoriza- (3) Visibility and visual reference re- tion authorizing the use of EFVS. quirements. No pilot operating under (b) EFVS operations to 100 feet above this section or §§ 121.651, 125.381, or the touchdown zone elevation. Except as 135.225 of this chapter may continue an specified in paragraph (d) of this sec- approach below the authorized DA/DH tion, no person may conduct an EFVS and land unless: operation in an aircraft, except a mili- (i) The pilot determines that the en- tary aircraft of the United States, at hanced flight visibility observed by use any airport below the authorized DA/ of an EFVS is not less than the visi- DH or MDA to 100 feet above the touch- bility prescribed in the instrument ap- down zone elevation unless the fol- proach procedure being used. lowing requirements are met: (ii) From the authorized DA/DH to (1) Equipment. (i) The aircraft must 100 feet above the touchdown zone ele- be equipped with an operable EFVS vation of the runway of intended land- that meets the applicable airworthi- ing, any approach light system or both ness requirements. the runway threshold and the touch- (ii) The EFVS must meet the require- down zone are distinctly visible and ments of paragraph (a)(1)(i)(A) through identifiable to the pilot using an (F) of this section, but need not present EFVS. flare prompt, flare guidance, or height (A) The pilot must identify the run- above ground level. way threshold using at least one of the (2) Operations. (i) The pilot con- following visual references— ducting the EFVS operation may not (1) The beginning of the runway land- use circling minimums. ing surface; (ii) Each required pilot flightcrew (2) The threshold lights; or member must have adequate knowl- (3) The runway end identifier lights. edge of, and familiarity with, the air- (B) The pilot must identify the craft, the EFVS, and the procedures to touchdown zone using at least one of be used. the following visual references— (iii) The aircraft must be equipped (1) The runway touchdown zone land- with, and the pilot flying must use, an ing surface; operable EFVS that meets the equip- (2) The touchdown zone lights; ment requirements of paragraph (b)(1) (3) The touchdown zone markings; or of this section. (4) The runway lights. (iv) The aircraft must continuously (iii) At 100 feet above the touchdown be in a position from which a descent zone elevation of the runway of in- to a landing on the intended runway tended landing and below that altitude, can be made at a normal rate of de- the enhanced flight visibility using scent using normal maneuvers. EFVS must be sufficient for one of the (v) For operations conducted under following visual references to be dis- part 121 or part 135 of this chapter, the tinctly visible and identifiable to the descent rate must allow touchdown to pilot— occur within the touchdown zone of the (A) The runway threshold; runway of intended landing. (B) The lights or markings of the (vi) Each required pilot flightcrew threshold; member must meet the following re- (C) The runway touchdown zone land- quirements— ing surface; or (A) A person exercising the privileges (D) The lights or markings of the of a pilot certificate issued under this touchdown zone. chapter, any person serving as a re- (4) Additional requirements. The Ad- quired pilot flightcrew member of a ministrator may prescribe additional U.S.-registered aircraft, or any person equipment, operational, and visibility serving as a required pilot flightcrew and visual reference requirements to member for a part 121, 125, or 135 oper- account for specific equipment charac- ator, must be qualified in accordance

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with part 61 and, as applicable, the the touchdown zone are distinctly visi- training, testing, and qualification pro- ble and identifiable to the pilot using visions of subpart K of this part, part an EFVS. 121, 125, or 135 of this chapter that (A) The pilot must identify the run- apply to the operation; or way threshold using at least one of the (B) Each person acting as a required following visual references– pilot flightcrew member for a foreign (1) The beginning of the runway land- air carrier subject to part 129, or any ing surface; person serving as a required pilot (2) The threshold lights; or flightcrew member of a foreign reg- (3) The runway end identifier lights. istered aircraft, must be qualified in (B) The pilot must identify the accordance with the training require- touchdown zone using at least one of ments of the civil aviation authority of the following visual references— the State of the operator for the EFVS (1) The runway touchdown zone land- operation to be conducted. ing surface; (vii) A person conducting operations (2) The touchdown zone lights; under subpart K of this part must con- (3) The touchdown zone markings; or duct the operation in accordance with (4) The runway lights. management specifications authorizing (iii) At 100 feet above the touchdown the use of EFVS. zone elevation of the runway of in- (viii) A person conducting operations tended landing and below that altitude, under part 121, 129, or 135 of this chap- the flight visibility must be sufficient ter must conduct the operation in ac- for one of the following visual ref- cordance with operations specifications erences to be distinctly visible and authorizing the use of EFVS. identifiable to the pilot without reli- (ix) A person conducting operations ance on the EFVS— under part 125 of this chapter must (A) The runway threshold; conduct the operation in accordance (B) The lights or markings of the with operations specifications author- threshold; izing the use of EFVS or, for a holder (C) The runway touchdown zone land- of a part 125 letter of deviation author- ing surface; or ity, a letter of authorization for the (D) The lights or markings of the use of EFVS. touchdown zone. (x) A person conducting an EFVS op- (4) Compliance Date. Beginning on eration during an authorized Category March 13, 2018, a person conducting an II or Category III operation must con- EFVS operation to 100 feet above the duct the operation in accordance with touchdown zone elevation must comply operations specifications, management with the requirements of paragraph (b) specifications, or a letter of authoriza- of this section. tion authorizing EFVS operations dur- (c) Public aircraft certification and ing authorized Category II or Category training requirements. A public aircraft III operations. operator, other than the U.S. military, (3) Visibility and Visual Reference Re- may conduct an EFVS operation under quirements. No pilot operating under paragraph (a) or (b) of this section only this section or § 121.651, § 125.381, or if: § 135.225 of this chapter may continue (1) The aircraft meets all of the civil an approach below the authorized MDA certification and airworthiness re- or continue an approach below the au- quirements of paragraph (a)(1) or (b)(1) thorized DA/DH and land unless: of this section, as applicable to the (i) The pilot determines that the en- EFVS operation to be conducted; and hanced flight visibility observed by use (2) The pilot flightcrew member, or of an EFVS is not less than the visi- any other person who manipulates the bility prescribed in the instrument ap- controls of an aircraft during an EFVS proach procedure being used. operation, meets the training, recent (ii) From the authorized MDA or DA/ flight experience and refresher training DH to 100 feet above the touchdown requirements of § 61.66 of this chapter zone elevation of the runway of in- applicable to EFVS operations. tended landing, any approach light sys- (d) Exception for Experimental Aircraft. tem or both the runway threshold and The requirement to use an EFVS that

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meets the applicable airworthiness re- be crossed at or above the applicable quirements specified in paragraphs MCA. (a)(1)(i), (a)(2)(iii), (b)(1)(i), and (b)(2)(iii) of this section does not apply [Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as amended by Amdt. 91–296, 72 FR 31678, June to operations conducted in an aircraft 7, 2007; Amdt. 91–315, 75 FR 30690, June 2, 2010] issued an experimental certificate under § 21.191 of this chapter for the § 91.179 IFR cruising altitude or flight purpose of research and development or level. showing compliance with regulations, provided the Administrator has deter- Unless otherwise authorized by ATC, mined that the operations can be con- the following rules apply— ducted safely in accordance with oper- (a) In controlled airspace. Each person ating limitations issued for that pur- operating an aircraft under IFR in pose. level cruising flight in controlled air- space shall maintain the altitude or [Docket FAA–2013–0485, Amdt. 91–345, 81 FR 90172, Dec. 13, 2016; 82 FR 2193, Jan. 9, 2017] flight level assigned that aircraft by ATC. However, if the ATC clearance as- § 91.177 Minimum altitudes for IFR op- signs ‘‘VFR conditions on-top,’’ that erations. person shall maintain an altitude or (a) Operation of aircraft at minimum al- flight level as prescribed by § 91.159. titudes. Except when necessary for (b) In uncontrolled airspace. Except takeoff or landing, or unless otherwise while in a holding pattern of 2 minutes authorized by the FAA, no person may or less or while turning, each person operate an aircraft under IFR below— operating an aircraft under IFR in (1) The applicable minimum altitudes level cruising flight in uncontrolled prescribed in parts 95 and 97 of this airspace shall maintain an appropriate chapter. However, if both a MEA and a altitude as follows: MOCA are prescribed for a particular (1) When operating below 18,000 feet route or route segment, a person may MSL and— operate an aircraft below the MEA (i) On a magnetic course of zero de- down to, but not below, the MOCA, pro- grees through 179 degrees, any odd vided the applicable navigation signals thousand foot MSL altitude (such as are available. For aircraft using VOR 3,000, 5,000, or 7,000); or for navigation, this applies only when (ii) On a magnetic course of 180 de- the aircraft is within 22 nautical miles grees through 359 degrees, any even of that VOR (based on the reasonable thousand foot MSL altitude (such as estimate by the pilot operating the air- 2,000, 4,000, or 6,000). craft of that distance); or (2) When operating at or above 18,000 (2) If no applicable minimum altitude feet MSL but below flight level 290, is prescribed in parts 95 and 97 of this and— chapter, then— (i) On a magnetic course of zero de- (i) In the case of operations over an grees through 179 degrees, any odd area designated as a mountainous area flight level (such as 190, 210, or 230); or in part 95 of this chapter, an altitude of 2,000 feet above the highest obstacle (ii) On a magnetic course of 180 de- within a horizontal distance of 4 nau- grees through 359 degrees, any even tical miles from the course to be flown; flight level (such as 180, 200, or 220). or (3) When operating at flight level 290 (ii) In any other case, an altitude of and above in non-RVSM airspace, and— 1,000 feet above the highest obstacle (i) On a magnetic course of zero de- within a horizontal distance of 4 nau- grees through 179 degrees, any flight tical miles from the course to be flown. level, at 4,000-foot intervals, beginning (b) Climb. Climb to a higher minimum at and including flight level 290 (such IFR altitude shall begin immediately as flight level 290, 330, or 370); or after passing the point beyond which (ii) On a magnetic course of 180 de- that minimum altitude applies, except grees through 359 degrees, any flight that when ground obstructions inter- level, at 4,000-foot intervals, beginning vene, the point beyond which that at and including flight level 310 (such higher minimum altitude applies shall as flight level 310, 350, or 390).

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(4) When operating at flight level 290 both before and during climb or de- and above in airspace designated as Re- scent. duced Vertical Separation Minimum [Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as (RVSM) airspace and— amended by Amdt. 91–296, 72 FR 31679, June (i) On a magnetic course of zero de- 7, 2007] grees through 179 degrees, any odd flight level, at 2,000-foot intervals be- § 91.183 IFR communications. ginning at and including flight level 290 Unless otherwise authorized by ATC, (such as flight level 290, 310, 330, 350, the pilot in command of each aircraft 370, 390, 410); or operated under IFR in controlled air- (ii) On a magnetic course of 180 de- space must ensure that a continuous grees through 359 degrees, any even watch is maintained on the appropriate flight level, at 2000-foot intervals be- frequency and must report the fol- lowing as soon as possible— ginning at and including flight level 300 (a) The time and altitude of passing (such as 300, 320, 340, 360, 380, 400). each designated reporting point, or the [Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as reporting points specified by ATC, ex- amended by Amdt. 91–276, 68 FR 61321, Oct. cept that while the aircraft is under 27, 2003; 68 FR 70133, Dec. 17, 2003; Amdt. 91– radar control, only the passing of those 296, 72 FR 31679, June 7, 2007] reporting points specifically requested by ATC need be reported; § 91.180 Operations within airspace (b) Any unforecast weather condi- designated as Reduced Vertical tions encountered; and Separation Minimum airspace. (c) Any other information relating to (a) Except as provided in paragraph the safety of flight. (b) of this section, no person may oper- [Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as ate a civil aircraft in airspace des- amended by Amdt. 91–296, 72 FR 31679, June ignated as Reduced Vertical Separa- 7, 2007] tion Minimum (RVSM) airspace unless: § 91.185 IFR operations: Two-way (1) The operator and the operator’s radio communications failure. aircraft comply with the minimum standards of appendix G of this part; (a) General. Unless otherwise author- ized by ATC, each pilot who has two- and way radio communications failure (2) The operator is authorized by the when operating under IFR shall comply Administrator or the country of reg- with the rules of this section. istry to conduct such operations. (b) VFR conditions. If the failure oc- (b) The Administrator may authorize curs in VFR conditions, or if VFR con- a deviation from the requirements of ditions are encountered after the fail- this section. ure, each pilot shall continue the flight [Amdt. 91–276, 68 FR 70133, Dec. 17, 2003] under VFR and land as soon as prac- ticable. § 91.181 Course to be flown. (c) IFR conditions. If the failure oc- curs in IFR conditions, or if paragraph Unless otherwise authorized by ATC, (b) of this section cannot be complied no person may operate an aircraft with, each pilot shall continue the within controlled airspace under IFR flight according to the following: except as follows: (1) Route. (i) By the route assigned in (a) On an ATS route, along the cen- the last ATC clearance received; terline of that airway. (ii) If being radar vectored, by the di- (b) On any other route, along the di- rect route from the point of radio fail- rect course between the navigational ure to the fix, route, or airway speci- aids or fixes defining that route. How- fied in the vector clearance; ever, this section does not prohibit ma- (iii) In the absence of an assigned neuvering the aircraft to pass well route, by the route that ATC has ad- clear of other air traffic or the maneu- vised may be expected in a further vering of the aircraft in VFR condi- clearance; or (iv) In the absence of an assigned tions to clear the intended flight path route or a route that ATC has advised

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may be expected in a further clearance, (4) Nature and extent of assistance by the route filed in the flight plan. desired from ATC. (2) Altitude. At the highest of the fol- lowing altitudes or flight levels for the § 91.189 Category II and III operations: route segment being flown: General operating rules. (i) The altitude or flight level as- (a) No person may operate a civil air- signed in the last ATC clearance re- craft in a Category II or III operation ceived; unless— (ii) The minimum altitude (con- (1) The flight crew of the aircraft verted, if appropriate, to minimum consists of a pilot in command and a flight level as prescribed in § 91.121(c)) second in command who hold the ap- for IFR operations; or propriate authorizations and ratings (iii) The altitude or flight level ATC prescribed in § 61.3 of this chapter; has advised may be expected in a fur- (2) Each flight crewmember has ade- ther clearance. quate knowledge of, and familiarity (3) Leave clearance limit. (i) When the with, the aircraft and the procedures to clearance limit is a fix from which an be used; and approach begins, commence descent or (3) The instrument panel in front of descent and approach as close as pos- the pilot who is controlling the aircraft sible to the expect-further-clearance has appropriate instrumentation for time if one has been received, or if one the type of flight control guidance sys- has not been received, as close as pos- tem that is being used. sible to the estimated time of arrival (b) Unless otherwise authorized by as calculated from the filed or amended the Administrator, no person may op- (with ATC) estimated time en route. erate a civil aircraft in a Category II or (ii) If the clearance limit is not a fix Category III operation unless each from which an approach begins, leave ground component required for that op- the clearance limit at the expect-fur- eration and the related airborne equip- ther-clearance time if one has been re- ment is installed and operating. ceived, or if none has been received, (c) Authorized DA/DH. For the pur- upon arrival over the clearance limit, pose of this section, when the approach and proceed to a fix from which an ap- procedure being used provides for and proach begins and commence descent requires the use of a DA/DH, the au- or descent and approach as close as thorized DA/DH is the highest of the possible to the estimated time of ar- following: rival as calculated from the filed or (1) The DA/DH prescribed by the ap- amended (with ATC) estimated time en proach procedure. route. (2) The DA/DH prescribed for the [Doc. No. 18334, 54 FR 34294, Aug. 18, 1989; pilot in command. Amdt. 91–211, 54 FR 41211, Oct. 5, 1989] (3) The DA/DH for which the aircraft is equipped. § 91.187 Operation under IFR in con- (d) Except as provided in § 91.176 of trolled airspace: Malfunction re- this part or unless otherwise author- ports. ized by the Administrator, no pilot op- (a) The pilot in command of each air- erating an aircraft in a Category II or craft operated in controlled airspace Category III approach that provides under IFR shall report as soon as prac- and requires the use of a DA/DH may tical to ATC any malfunctions of navi- continue the approach below the au- gational, approach, or communication thorized decision height unless the fol- equipment occurring in flight. lowing conditions are met: (b) In each report required by para- (1) The aircraft is in a position from graph (a) of this section, the pilot in which a descent to a landing on the in- command shall include the— tended runway can be made at a nor- (1) Aircraft identification; mal rate of descent using normal ma- (2) Equipment affected; neuvers, and where that descent rate (3) Degree to which the capability of will allow touchdown to occur within the pilot to operate under IFR in the the touchdown zone of the runway of ATC system is impaired; and intended landing.

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(2) At least one of the following vis- Category III manual, as appropriate, ual references for the intended runway for that aircraft; is distinctly visible and identifiable to (2) The operation is conducted in ac- the pilot: cordance with the procedures, instruc- (i) The approach light system, except tions, and limitations in the appro- that the pilot may not descend below priate manual; and 100 feet above the touchdown zone ele- (3) The instruments and equipment vation using the approach lights as a listed in the manual that are required reference unless the red terminating for a particular Category II or Cat- bars or the red side row bars are also egory III operation have been inspected distinctly visible and identifiable. and maintained in accordance with the (ii) The threshold. (iii) The threshold markings. maintenance program contained in the (iv) The threshold lights. manual. (v) The touchdown zone or touch- (b) Each operator must keep a cur- down zone markings. rent copy of each approved manual at (vi) The touchdown zone lights. its principal base of operations and (e) Except as provided in § 91.176 of must make each manual available for this part or unless otherwise author- inspection upon request by the Admin- ized by the Administrator, each pilot istrator. operating an aircraft shall imme- (c) This section does not apply to op- diately execute an appropriate missed erations conducted by a certificate approach whenever, prior to touch- holder operating under part 121 or part down, the requirements of paragraph 135 of this chapter or a holder of man- (d) of this section are not met. agement specifications issued in ac- (f) No person operating an aircraft cordance with subpart K of this part. using a Category III approach without decision height may land that aircraft [Doc. No. 26933, 61 FR 34560, July 2, 1996, as except in accordance with the provi- amended by Amdt. 91–280, 68 FR 54560, Sept. sions of the letter of authorization 17, 2003] issued by the Administrator. (g) Paragraphs (a) through (f) of this § 91.193 Certificate of authorization for certain Category II operations. section do not apply to operations con- ducted by certificate holders operating The Administrator may issue a cer- under part 121, 125, 129, or 135 of this tificate of authorization authorizing chapter, or holders of management deviations from the requirements of specifications issued in accordance §§ 91.189, 91.191, and 91.205(f) for the op- with subpart K of this part. Holders of eration of small aircraft identified as operations specifications or manage- Category A aircraft in § 97.3 of this ment specifications may operate a civil chapter in Category II operations if the aircraft in a Category II or Category Administrator finds that the proposed III operation only in accordance with operation can be safely conducted their operations specifications or man- under the terms of the certificate. agement specifications, as applicable. Such authorization does not permit op- [Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as eration of the aircraft carrying persons amended by Amdt. 91–280, 68 FR 54560, Sept. or property for compensation or hire. 17, 2003; Amdt. 91–296, 72 FR 31679, June 7, 2007; Docket FAA–2013–0485, Amdt. 91–345, 81 §§ 91.195–91.199 [Reserved] FR 90175, Dec. 13, 2016]

§ 91.191 Category II and Category III Subpart C—Equipment, Instru- manual. ment, and Certificate Re- (a) Except as provided in paragraph quirements (c) of this section, after August 4, 1997, no person may operate a U.S.-reg- SOURCE: Docket No. 18334, 54 FR 34304, Aug. istered civil aircraft in a Category II or 18, 1989, unless otherwise noted. a Category III operation unless— (1) There is available in the aircraft a current and approved Category II or

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§ 91.201 [Reserved] less it complies with the fuel venting and exhaust emissions requirements of § 91.203 Civil aircraft: Certifications part 34 of this chapter. required. (a) Except as provided in § 91.715, no [Doc. No. 18334, 54 FR 34292, Aug. 18, 1989, as amended by Amdt. 91–218, 55 FR 32861, Aug. person may operate a civil aircraft un- 10, 1990; Amdt. 91–318, 75 FR 41983, July 20, less it has within it the following: 2010; Amdt. 91–338, 80 FR 78648, Dec. 16, 2015; (1) An appropriate and current air- Docket FAA–2018–0119, Amdt. 91–350, 83 FR worthiness certificate. Each U.S. air- 9171, Mar. 5, 2018] worthiness certificate used to comply with this subparagraph (except a spe- § 91.205 Powered civil aircraft with cial flight permit, a copy of the appli- standard category U.S. airworthi- cable operations specifications issued ness certificates: Instrument and under § 21.197(c) of this chapter, appro- equipment requirements. priate sections of the air carrier man- (a) General. Except as provided in ual required by parts 121 and 135 of this paragraphs (c)(3) and (e) of this section, chapter containing that portion of the no person may operate a powered civil operations specifications issued under aircraft with a standard category U.S. § 21.197(c), or an authorization under airworthiness certificate in any oper- § 91.611) must have on it the registra- ation described in paragraphs (b) tion number assigned to the aircraft through (f) of this section unless that under part 47 of this chapter. However, aircraft contains the instruments and the airworthiness certificate need not equipment specified in those para- have on it an assigned special identi- graphs (or FAA-approved equivalents) fication number before 10 days after for that type of operation, and those that number is first affixed to the air- instruments and items of equipment craft. A revised airworthiness certifi- are in operable condition. cate having on it an assigned special identification number, that has been (b) Visual-flight rules (day). For VFR affixed to an aircraft, may only be ob- flight during the day, the following in- tained upon application to the respon- struments and equipment are required: sible Flight Standards office. (1) Airspeed indicator. (2) An effective U.S. registration cer- (2) Altimeter. tificate issued to its owner or, for oper- (3) Magnetic direction indicator. ation within the United States, the (4) Tachometer for each engine. second copy of the Aircraft registra- (5) Oil pressure gauge for each engine tion Application as provided for in using pressure system. § 47.31(c), a Certificate of Aircraft reg- (6) Temperature gauge for each liq- istration as provided in part 48, or a uid-cooled engine. registration certification issued under (7) Oil temperature gauge for each the laws of a foreign country. air-cooled engine. (b) No person may operate a civil air- (8) Manifold pressure gauge for each craft unless the airworthiness certifi- altitude engine. cate required by paragraph (a) of this (9) Fuel gauge indicating the quan- section or a special flight authoriza- tity of fuel in each tank. tion issued under § 91.715 is displayed at the cabin or cockpit entrance so that it (10) Landing gear position indicator, is legible to passengers or crew. if the aircraft has a retractable landing (c) No person may operate an aircraft gear. with a fuel tank installed within the (11) For small civil airplanes certifi- passenger compartment or a baggage cated after March 11, 1996, in accord- compartment unless the installation ance with part 23 of this chapter, an was accomplished pursuant to part 43 approved aviation red or aviation white of this chapter, and a copy of FAA anticollision light system. In the event Form 337 authorizing that installation of failure of any light of the anti- is on board the aircraft. collision light system, operation of the (d) No person may operate a civil air- aircraft may continue to a location plane (domestic or foreign) into or out where repairs or replacement can be of an airport in the United States un- made.

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(12) If the aircraft is operated for hire for which a type certificate was issued over water and beyond power-off glid- or applied for before August 11, 1971, ing distance from shore, approved flo- must at least meet the anticollision tation gear readily available to each light standards of part 23, 25, 27, or 29 occupant and, unless the aircraft is op- of this chapter, as applicable, that were erating under part 121 of this sub- in effect on August 10, 1971, except that chapter, at least one pyrotechnic sig- the color may be either aviation red or naling device. As used in this section, aviation white. In the event of failure ‘‘shore’’ means that area of the land of any light of the anticollision light adjacent to the water which is above system, operations with the aircraft the high water mark and excludes land may be continued to a stop where re- areas which are intermittently under pairs or replacement can be made. water. (4) If the aircraft is operated for hire, (13) An approved safety belt with an one electric landing light. approved metal-to-metal latching de- (5) An adequate source of electrical vice, or other approved restraint sys- energy for all installed electrical and tem for each occupant 2 years of age or radio equipment. older. (6) One spare set of fuses, or three (14) For small civil airplanes manu- spare fuses of each kind required, that factured after July 18, 1978, an ap- are accessible to the pilot in flight. proved shoulder harness or restraint (d) Instrument flight rules. For IFR system for each front seat. For small flight, the following instruments and civil airplanes manufactured after De- equipment are required: cember 12, 1986, an approved shoulder (1) Instruments and equipment speci- harness or restraint system for all fied in paragraph (b) of this section, seats. Shoulder harnesses installed at and, for night flight, instruments and flightcrew stations must permit the equipment specified in paragraph (c) of flightcrew member, when seated and this section. with the safety belt and shoulder har- (2) Two-way radio communication ness fastened, to perform all functions and navigation equipment suitable for necessary for flight operations. For the route to be flown. purposes of this paragraph— (3) Gyroscopic rate-of-turn indicator, (i) The date of manufacture of an air- except on the following aircraft: plane is the date the inspection accept- (i) Airplanes with a third attitude in- ance records reflect that the airplane is strument system usable through flight complete and meets the FAA-approved attitudes of 360 degrees of pitch and type design data; and roll and installed in accordance with (ii) A front seat is a seat located at a the instrument requirements pre- flightcrew member station or any seat scribed in § 121.305(j) of this chapter; located alongside such a seat. and (15) An emergency locator trans- mitter, if required by § 91.207. (ii) Rotorcraft with a third attitude (16) [Reserved] instrument system usable through ± (17) For rotorcraft manufactured flight attitudes of 80 degrees of pitch ± after September 16, 1992, a shoulder and 120 degrees of roll and installed in harness for each seat that meets the accordance with § 29.1303(g) of this requirements of § 27.2 or § 29.2 of this chapter. chapter in effect on September 16, 1991. (4) Slip-skid indicator. (c) Visual flight rules (night). For VFR (5) Sensitive altimeter adjustable for flight at night, the following instru- barometric pressure. ments and equipment are required: (6) A clock displaying hours, min- (1) Instruments and equipment speci- utes, and seconds with a sweep-second fied in paragraph (b) of this section. pointer or digital presentation. (2) Approved position lights. (7) Generator or alternator of ade- (3) An approved aviation red or avia- quate capacity. tion white anticollision light system (8) Gyroscopic pitch and bank indi- on all U.S.-registered civil aircraft. cator (artificial horizon). Anticollision light systems initially in- (9) Gyroscopic direction indicator (di- stalled after August 11, 1971, on aircraft rectional gyro or equivalent).

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(e) Flight at and above 24,000 feet MSL tificate issued under part 121 or part (FL 240). If VOR navigation equipment 135 of this chapter. is required under paragraph (d)(2) of [Doc. No. 18334, 54 FR 34292, Aug. 18, 1989, as this section, no person may operate a amended by Amdt. 91–220, 55 FR 43310, Oct. U.S.-registered civil aircraft within the 26, 1990; Amdt. 91–223, 56 FR 41052, Aug. 16, 50 states and the District of Columbia 1991; Amdt. 91–231, 57 FR 42672, Sept. 15, 1992; at or above FL 240 unless that aircraft Amdt. 91–248, 61 FR 5171, Feb. 9, 1996; Amdt. 91–251, 61 FR 34560, July 2, 1996; Amdt. 91–285, is equipped with approved DME or a 69 FR 77599, Dec. 27, 2004; Amdt. 91–296, 72 FR suitable RNAV system. When the DME 31679, June 7, 2007; Amdt. 91–309, 74 FR 42563, or RNAV system required by this para- Aug. 21, 2009; Docket FAA–2015–1621, Amdt. graph fails at and above FL 240, the 91–346, 81 FR 96700, Dec. 30, 2016] pilot in command of the aircraft must notify ATC immediately, and then may § 91.207 Emergency locator transmit- ters. continue operations at and above FL 240 to the next airport of intended (a) Except as provided in paragraphs landing where repairs or replacement (e) and (f) of this section, no person may operate a U.S.-registered civil air- of the equipment can be made. plane unless— (f) Category II operations. The require- (1) There is attached to the airplane ments for Category II operations are an approved automatic type emergency the instruments and equipment speci- locator transmitter that is in operable fied in— condition for the following operations, (1) Paragraph (d) of this section; and except that after June 21, 1995, an (2) Appendix A to this part. emergency locator transmitter that (g) Category III operations. The instru- meets the requirements of TSO-C91 ments and equipment required for Cat- may not be used for new installations: egory III operations are specified in (i) Those operations governed by the paragraph (d) of this section. supplemental air carrier and commer- (h) Night vision goggle operations. For cial operator rules of parts 121 and 125; night vision goggle operations, the fol- (ii) Charter flights governed by the lowing instruments and equipment domestic and flag air carrier rules of part 121 of this chapter; and must be installed in the aircraft, func- (iii) Operations governed by part 135 tioning in a normal manner, and ap- of this chapter; or proved for use by the FAA: (2) For operations other than those (1) Instruments and equipment speci- specified in paragraph (a)(1) of this sec- fied in paragraph (b) of this section, in- tion, there must be attached to the air- struments and equipment specified in plane an approved personal type or an paragraph (c) of this section; approved automatic type emergency (2) Night vision goggles; locator transmitter that is in operable (3) Interior and exterior aircraft condition, except that after June 21, lighting system required for night vi- 1995, an emergency locator transmitter sion goggle operations; that meets the requirements of TSO- (4) Two-way radio communications C91 may not be used for new installa- system; tions. (5) Gyroscopic pitch and bank indi- (b) Each emergency locator trans- cator (artificial horizon); mitter required by paragraph (a) of this section must be attached to the air- (6) Generator or alternator of ade- plane in such a manner that the prob- quate capacity for the required instru- ability of damage to the transmitter in ments and equipment; and the event of crash impact is minimized. (7) Radar altimeter. Fixed and deployable automatic type (i) Exclusions. Paragraphs (f) and (g) transmitters must be attached to the of this section do not apply to oper- airplane as far aft as practicable. ations conducted by a holder of a cer- (c) Batteries used in the emergency locator transmitters required by para- graphs (a) and (b) of this section must be replaced (or recharged, if the bat- teries are rechargeable)—

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(1) When the transmitter has been in (4) Aircraft while engaged in flight use for more than 1 cumulative hour; operations incident to design and test- or ing; (2) When 50 percent of their useful (5) New aircraft while engaged in life (or, for rechargeable batteries, 50 flight operations incident to their man- percent of their useful life of charge) ufacture, preparation, and delivery; has expired, as established by the (6) Aircraft while engaged in flight transmitter manufacturer under its ap- operations incident to the aerial appli- proval. cation of chemicals and other sub- stances for agricultural purposes; The new expiration date for replacing (7) Aircraft certificated by the Ad- (or recharging) the battery must be ministrator for research and develop- legibly marked on the outside of the ment purposes; transmitter and entered in the aircraft (8) Aircraft while used for showing maintenance record. Paragraph (c)(2) compliance with regulations, crew of this section does not apply to bat- training, exhibition, air racing, or mar- teries (such as water-activated bat- ket surveys; teries) that are essentially unaffected (9) Aircraft equipped to carry not during probable storage intervals. more than one person. (d) Each emergency locator trans- (10) An aircraft during any period for mitter required by paragraph (a) of this which the transmitter has been tempo- section must be inspected within 12 rarily removed for inspection, repair, calendar months after the last inspec- modification, or replacement, subject tion for— to the following: (1) Proper installation; (i) No person may operate the air- (2) Battery corrosion; craft unless the aircraft records con- (3) Operation of the controls and tain an entry which includes the date crash sensor; and of initial removal, the make, model, se- (4) The presence of a sufficient signal rial number, and reason for removing radiated from its antenna. the transmitter, and a placard located (e) Notwithstanding paragraph (a) of in view of the pilot to show ‘‘ELT not this section, a person may— installed.’’ (1) Ferry a newly acquired airplane (ii) No person may operate the air- from the place where possession of it craft more than 90 days after the ELT was taken to a place where the emer- is initially removed from the aircraft; gency locator transmitter is to be in- and stalled; and (11) On and after January 1, 2004, air- (2) Ferry an airplane with an inoper- craft with a maximum payload capac- ative emergency locator transmitter ity of more than 18,000 pounds when from a place where repairs or replace- used in air transportation. ments cannot be made to a place where [Doc. No. 18334, 54 FR 34304, Aug. 18, 1989, as they can be made. amended by Amdt. 91–242, 59 FR 32057, June 21, 1994; 59 FR 34578, July 6, 1994; Amdt. 91– No person other than required crew- 265, 65 FR 81319, Dec. 22, 2000; 66 FR 16316, members may be carried aboard an air- Mar. 23, 2001] plane being ferried under paragraph (e) of this section. § 91.209 Aircraft lights. (f) Paragraph (a) of this section does No person may: not apply to— (a) During the period from sunset to (1) Before January 1, 2004, turbojet- sunrise (or, in Alaska, during the pe- powered aircraft; riod a prominent unlighted object can- (2) Aircraft while engaged in sched- not be seen from a distance of 3 statute uled flights by scheduled air carriers; miles or the sun is more than 6 degrees (3) Aircraft while engaged in training below the horizon)— operations conducted entirely within a (1) Operate an aircraft unless it has 50-nautical mile radius of the airport lighted position lights; from which such local flight operations (2) Park or move an aircraft in, or in began; dangerous proximity to, a night flight

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operations area of an airport unless the and sealed and that either supplies ox- aircraft— ygen at all times or automatically sup- (i) Is clearly illuminated; plies oxygen whenever the cabin pres- (ii) Has lighted position lights; or sure altitude of the airplane exceeds (iii) is in an area that is marked by 14,000 feet (MSL), except that the one obstruction lights; pilot need not wear and use an oxygen (3) Anchor an aircraft unless the air- mask while at or below flight level 410 craft— if there are two pilots at the controls (i) Has lighted anchor lights; or and each pilot has a quick-donning (ii) Is in an area where anchor lights type of oxygen mask that can be placed are not required on vessels; or on the face with one hand from the (b) Operate an aircraft that is ready position within 5 seconds, sup- equipped with an anticollision light plying oxygen and properly secured and system, unless it has lighted anti- sealed. collision lights. However, the anti- (2) Notwithstanding paragraph collision lights need not be lighted (b)(1)(ii) of this section, if for any rea- when the pilot-in-command determines son at any time it is necessary for one that, because of operating conditions, pilot to leave the controls of the air- it would be in the interest of safety to craft when operating at flight altitudes turn the lights off. above flight level 350, the remaining [Doc. No. 27806, 61 FR 5171, Feb. 9, 1996] pilot at the controls shall put on and use an oxygen mask until the other § 91.211 Supplemental oxygen. pilot has returned to that crew- (a) General. No person may operate a member’s station. civil aircraft of U.S. registry— (1) At cabin pressure altitudes above § 91.213 Inoperative instruments and 12,500 feet (MSL) up to and including equipment. 14,000 feet (MSL) unless the required (a) Except as provided in paragraph minimum flight crew is provided with (d) of this section, no person may take and uses supplemental oxygen for that off an aircraft with inoperative instru- part of the flight at those altitudes ments or equipment installed unless that is of more than 30 minutes dura- the following conditions are met: tion; (1) An approved Minimum Equipment (2) At cabin pressure altitudes above List exists for that aircraft. 14,000 feet (MSL) unless the required (2) The aircraft has within it a letter minimum flight crew is provided with of authorization, issued by the respon- and uses supplemental oxygen during sible Flight Standards office, author- the entire flight time at those alti- izing operation of the aircraft under tudes; and the Minimum Equipment List. The let- (3) At cabin pressure altitudes above ter of authorization may be obtained 15,000 feet (MSL) unless each occupant by written request of the airworthiness of the aircraft is provided with supple- certificate holder. The Minimum mental oxygen. Equipment List and the letter of au- (b) Pressurized cabin aircraft. (1) No thorization constitute a supplemental person may operate a civil aircraft of type certificate for the aircraft. U.S. registry with a pressurized cabin— (3) The approved Minimum Equip- (i) At flight altitudes above flight ment List must— level 250 unless at least a 10-minute (i) Be prepared in accordance with supply of supplemental oxygen, in addi- the limitations specified in paragraph tion to any oxygen required to satisfy (b) of this section; and paragraph (a) of this section, is avail- (ii) Provide for the operation of the able for each occupant of the aircraft aircraft with the instruments and for use in the event that a descent is equipment in an inoperable condition. necessitated by loss of cabin pressur- (4) The aircraft records available to ization; and the pilot must include an entry de- (ii) At flight altitudes above flight scribing the inoperable instruments level 350 unless one pilot at the con- and equipment. trols of the airplane is wearing and (5) The aircraft is operated under all using an oxygen mask that is secured applicable conditions and limitations

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contained in the Minimum Equipment kind of flight operation being con- List and the letter authorizing the use ducted; of the list. (iii) Required by § 91.205 or any other (b) The following instruments and rule of this part for the specific kind of equipment may not be included in a flight operation being conducted; or Minimum Equipment List: (iv) Required to be operational by an (1) Instruments and equipment that airworthiness directive; and are either specifically or otherwise re- (3) The inoperative instruments and quired by the airworthiness require- equipment are— ments under which the aircraft is type (i) Removed from the aircraft, the certificated and which are essential for cockpit control placarded, and the safe operations under all operating maintenance recorded in accordance conditions. with § 43.9 of this chapter; or (2) Instruments and equipment re- (ii) Deactivated and placarded ‘‘In- quired by an airworthiness directive to operative.’’ If deactivation of the inop- be in operable condition unless the air- erative instrument or equipment in- worthiness directive provides other- volves maintenance, it must be accom- wise. plished and recorded in accordance (3) Instruments and equipment re- with part 43 of this chapter; and quired for specific operations by this (4) A determination is made by a part. pilot, who is certificated and appro- priately rated under part 61 of this (c) A person authorized to use an ap- chapter, or by a person, who is certifi- proved Minimum Equipment List cated and appropriately rated to per- issued for a specific aircraft under sub- form maintenance on the aircraft, that part K of this part, part 121, 125, or 135 the inoperative instrument or equip- of this chapter must use that Minimum ment does not constitute a hazard to Equipment List to comply with the re- the aircraft. quirements in this section. An aircraft with inoperative instru- (d) Except for operations conducted ments or equipment as provided in in accordance with paragraph (a) or (c) paragraph (d) of this section is consid- of this section, a person may takeoff an ered to be in a properly altered condi- aircraft in operations conducted under tion acceptable to the Administrator. this part with inoperative instruments (e) Notwithstanding any other provi- and equipment without an approved sion of this section, an aircraft with in- Minimum Equipment List provided— operable instruments or equipment (1) The flight operation is conducted may be operated under a special flight in a— permit issued in accordance with (i) Rotorcraft, non-turbine-powered §§ 21.197 and 21.199 of this chapter. airplane, glider, lighter-than-air air- craft, powered parachute, or weight- [Doc. No. 18334, 54 FR 34304, Aug. 18, 1989, as shift-control aircraft, for which a mas- amended by Amdt. 91–280, 68 FR 54560, Sept. ter minimum equipment list has not 17, 2003; Amdt. 91–282, 69 FR 44880, July 27, 2004; Docket FAA–2018–0119, Amdt. 91–350, 83 been developed; or FR 9171, Mar. 5, 2018] (ii) Small rotorcraft, nonturbine- powered small airplane, glider, or § 91.215 ATC transponder and altitude lighter-than-air aircraft for which a reporting equipment and use. Master Minimum Equipment List has (a) All airspace: U.S.-registered civil been developed; and aircraft. For operations not conducted (2) The inoperative instruments and under part 121 or 135 of this chapter, equipment are not— ATC transponder equipment installed (i) Part of the VFR-day type certifi- must meet the performance and envi- cation instruments and equipment pre- ronmental requirements of any class of scribed in the applicable airworthiness TSO-C74b (Mode A) or any class of regulations under which the aircraft TSO-C74c (Mode A with altitude report- was type certificated; ing capability) as appropriate, or the (ii) Indicated as required on the air- appropriate class of TSO-C112 (Mode S). craft’s equipment list, or on the Kinds (b) All airspace. Unless otherwise au- of Operations Equipment List for the thorized or directed by ATC, no person

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may operate an aircraft in the airspace the airspace at and below 2,500 feet described in paragraphs (b)(1) through above the surface; and (b)(5) of this section, unless that air- (ii) In the airspace from the surface craft is equipped with an operable to 10,000 feet MSL within a 10-nautical- coded radar beacon transponder having mile radius of any airport listed in ap- either Mode 3/A 4096 code capability, pendix D, section 2 of this part, exclud- replying to Mode 3/A interrogations ing the airspace below 1,200 feet outside with the code specified by ATC, or a of the lateral boundaries of the surface Mode S capability, replying to Mode 3/ area of the airspace designated for that A interrogations with the code speci- airport. fied by ATC and intermode and Mode S (c) Transponder-on operation. While in interrogations in accordance with the the airspace as specified in paragraph applicable provisions specified in TSO (b) of this section or in all controlled C–112, and that aircraft is equipped airspace, each person operating an air- with automatic pressure altitude re- craft equipped with an operable ATC porting equipment having a Mode C ca- pability that automatically replies to transponder maintained in accordance Mode C interrogations by transmitting with § 91.413 of this part shall operate pressure altitude information in 100- the transponder, including Mode C foot increments. This requirement ap- equipment if installed, and shall reply plies— on the appropriate code or as assigned (1) All aircraft. In Class A, Class B, by ATC, unless otherwise directed by and Class C airspace areas; ATC when transmitting would jeop- (2) All aircraft. In all airspace within ardize the safe execution of air traffic 30 nautical miles of an airport listed in control functions. appendix D, section 1 of this part from (d) ATC authorized deviations. Re- the surface upward to 10,000 feet MSL; quests for ATC authorized deviations (3) Notwithstanding paragraph (b)(2) must be made to the ATC facility hav- of this section, any aircraft which was ing jurisdiction over the concerned air- not originally certificated with an en- space within the time periods specified gine-driven electrical system or which as follows: has not subsequently been certified (1) For operation of an aircraft with with such a system installed, balloon an operating transponder but without or glider may conduct operations in operating automatic pressure altitude the airspace within 30 nautical miles of reporting equipment having a Mode C an airport listed in appendix D, section capability, the request may be made at 1 of this part provided such operations any time. are conducted— (2) For operation of an aircraft with (i) Outside any Class A, Class B, or an inoperative transponder to the air- Class C airspace area; and port of ultimate destination, including (ii) Below the altitude of the ceiling any intermediate stops, or to proceed of a Class B or Class C airspace area to a place where suitable repairs can be designated for an airport or 10,000 feet made or both, the request may be made MSL, whichever is lower; and at any time. (4) All aircraft in all airspace above (3) For operation of an aircraft that the ceiling and within the lateral is not equipped with a transponder, the boundaries of a Class B or Class C air- request must be made at least one hour space area designated for an airport up- before the proposed operation. ward to 10,000 feet MSL; and (5) All aircraft except any aircraft (Approved by the Office of Management and which was not originally certificated Budget under control number 2120–0005) with an engine-driven electrical sys- [Doc. No. 18334, 54 FR 34304, Aug. 18, 1989, as tem or which has not subsequently amended by Amdt. 91–221, 56 FR 469, Jan. 4, been certified with such a system in- 1991; Amdt. 91–227, 56 FR 65660, Dec. 17, 1991; stalled, balloon, or glider— Amdt. 91–227, 7 FR 328, Jan. 3, 1992; Amdt. 91– (i) In all airspace of the 48 contiguous 229, 57 FR 34618, Aug. 5, 1992; Amdt. 91–267, 66 states and the District of Columbia at FR 21066, Apr. 27, 2001; Amdt. 91–355, 84 FR and above 10,000 feet MSL, excluding 34287, July 18, 2019]

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§ 91.217 Data correspondence between (ii) Upon approaching a preselected automatically reported pressure al- altitude in either ascent or descent, by titude data and the pilot’s altitude a sequence of visual signals in suffi- reference. cient time to establish level flight at (a) No person may operate any auto- that preselected altitude, and when de- matic pressure altitude reporting viating above and below that equipment associated with a radar bea- preselected altitude, by an aural sig- con transponder— nal; (1) When deactivation of that equip- (2) Provide the required signals from ment is directed by ATC; sea level to the highest operating alti- (2) Unless, as installed, that equip- tude approved for the airplane in which ment was tested and calibrated to it is installed; transmit altitude data corresponding (3) Preselect altitudes in increments within 125 feet (on a 95 percent prob- that are commensurate with the alti- ability basis) of the indicated or cali- tudes at which the aircraft is operated; brated datum of the altimeter nor- (4) Be tested without special equip- mally used to maintain flight altitude, ment to determine proper operation of with that altimeter referenced to 29.92 the alerting signals; and inches of mercury for altitudes from (5) Accept necessary barometric pres- sea level to the maximum operating al- sure settings if the system or device titude of the aircraft; or operates on barometric pressure. How- (3) Unless the altimeters and ever, for operation below 3,000 feet digitizers in that equipment meet the AGL, the system or device need only standards of TSO-C10b and TSO-C88, re- provide one signal, either visual or spectively. (b) No person may operate any auto- aural, to comply with this paragraph. matic pressure altitude reporting A radio altimeter may be included to equipment associated with a radar bea- provide the signal if the operator has con transponder or with ADS–B Out an approved procedure for its use to de- equipment unless the pressure altitude termine DA/DH or MDA, as appro- reported for ADS–B Out and Mode C/S priate. is derived from the same source for air- (c) Each operator to which this sec- craft equipped with both a transponder tion applies must establish and assign and ADS–B Out. procedures for the use of the altitude alerting system or device and each [Doc. No. 18334, 54 FR 34304, Aug. 18, 1989, as flight crewmember must comply with amended by Amdt. 91–314, 75 FR 30193, May those procedures assigned to him. 28, 2010] (d) Paragraph (a) of this section does § 91.219 Altitude alerting system or de- not apply to any operation of an air- vice: Turbojet-powered civil air- plane that has an experimental certifi- planes. cate or to the operation of any airplane (a) Except as provided in paragraph for the following purposes: (d) of this section, no person may oper- (1) Ferrying a newly acquired air- ate a turbojet-powered U.S.-registered plane from the place where possession civil airplane unless that airplane is of it was taken to a place where the al- equipped with an approved altitude titude alerting system or device is to alerting system or device that is in op- be installed. erable condition and meets the require- (2) Continuing a flight as originally ments of paragraph (b) of this section. planned, if the altitude alerting system (b) Each altitude alerting system or or device becomes inoperative after the device required by paragraph (a) of this airplane has taken off; however, the section must be able to— flight may not depart from a place (1) Alert the pilot— where repair or replacement can be (i) Upon approaching a preselected made. altitude in either ascent or descent, by (3) Ferrying an airplane with any in- a sequence of both aural and visual sig- operative altitude alerting system or nals in sufficient time to establish device from a place where repairs or re- level flight at that preselected alti- placements cannot be made to a place tude; or where it can be made.

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(4) Conducting an airworthiness requirements for Class B equipment in flight test of the airplane. Technical Standard Order (TSO)–C151. (5) Ferrying an airplane to a place (Approved by the Office of Management and outside the United States for the pur- Budget under control number 2120–0631) pose of registering it in a foreign coun- (c) Airplane Flight Manual. The Air- try. plane Flight Manual shall contain ap- (6) Conducting a sales demonstration propriate procedures for— of the operation of the airplane. (1) The use of the terrain awareness (7) Training foreign flight crews in and warning system; and the operation of the airplane before (2) Proper flight crew reaction in re- ferrying it to a place outside the sponse to the terrain awareness and United States for the purpose of reg- warning system audio and visual warn- istering it in a foreign country. ings. (d) Exceptions. Paragraphs (a) and (b) [Doc. No. 18334, 54 FR 34304, Aug. 18, 1989, as of this section do not apply to— amended by Amdt. 91–296, 72 FR 31679, June 7, 2007] (1) Parachuting operations when con- ducted entirely within a 50 nautical § 91.221 Traffic alert and collision mile radius of the airport from which avoidance system equipment and such local flight operations began. use. (2) Firefighting operations. (3) Flight operations when incident (a) All airspace: U.S.-registered civil to the aerial application of chemicals aircraft. Any traffic alert and collision and other substances. avoidance system installed in a U.S.- registered civil aircraft must be ap- [Doc. No. 29312, 65 FR 16755, Mar. 29, 2000] proved by the Administrator. § 91.225 Automatic Dependent Surveil- (b) Traffic alert and collision avoidance lance-Broadcast (ADS–B) Out equip- system, operation required. Each person ment and use. operating an aircraft equipped with an (a) After January 1, 2020, and unless operable traffic alert and collision otherwise authorized by ATC, no per- avoidance system shall have that sys- son may operate an aircraft in Class A tem on and operating. airspace unless the aircraft has equip- ment installed that— § 91.223 Terrain awareness and warn- (1) Meets the performance require- ing system. ments in TSO–C166b, Extended Squitter (a) Airplanes manufactured after March Automatic Dependent Surveillance- 29, 2002. Except as provided in para- Broadcast (ADS–B) and Traffic Infor- graph (d) of this section, no person may mation Service-Broadcast (TIS–B) operate a turbine-powered U.S.-reg- Equipment Operating on the Radio istered airplane configured with six or Frequency of 1090 Megahertz (MHz); more passenger seats, excluding any and pilot seat, unless that airplane is (2) Meets the requirements of § 91.227. equipped with an approved terrain (b) After January 1, 2020, and unless awareness and warning system that as otherwise authorized by ATC, no per- a minimum meets the requirements for son may operate an aircraft below Class B equipment in Technical Stand- 18,000 feet MSL and in airspace de- ard Order (TSO)–C151. scribed in paragraph (d) of this section unless the aircraft has equipment in- (b) Airplanes manufactured on or before stalled that— Except as provided in March 29, 2002. (1) Meets the performance require- paragraph (d) of this section, no person ments in— may operate a turbine-powered U.S.- (i) TSO–C166b; or registered airplane configured with six (ii) TSO–C154c, Universal Access or more passenger seats, excluding any Transceiver (UAT) Automatic Depend- pilot seat, after March 29, 2005, unless ent Surveillance-Broadcast (ADS–B) that airplane is equipped with an ap- Equipment Operating on the Frequency proved terrain awareness and warning of 978 MHz; system that as a minimum meets the (2) Meets the requirements of § 91.227.

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(c) Operators with equipment in- and transmitting would compromise stalled with an approved deviation the operations security of the mission under § 21.618 of this chapter also are in or pose a safety risk to the aircraft, compliance with this section. crew, or people and property in the air (d) After January 1, 2020, and unless or on the ground; or otherwise authorized by ATC, no per- (2) Otherwise directed by ATC when son may operate an aircraft in the fol- transmitting would jeopardize the safe lowing airspace unless the aircraft has execution of air traffic control func- equipment installed that meets the re- tions. quirements in paragraph (b) of this sec- (g) Requests for ATC authorized devi- tion: ations from the requirements of this (1) Class B and Class C airspace areas; section must be made to the ATC facil- (2) Except as provided for in para- ity having jurisdiction over the con- graph (e) of this section, within 30 nau- cerned airspace within the time periods tical miles of an airport listed in ap- specified as follows: pendix D, section 1 to this part from (1) For operation of an aircraft with the surface upward to 10,000 feet MSL; an inoperative ADS–B Out, to the air- (3) Above the ceiling and within the port of ultimate destination, including lateral boundaries of a Class B or Class any intermediate stops, or to proceed C airspace area designated for an air- to a place where suitable repairs can be port upward to 10,000 feet MSL; made or both, the request may be made (4) Except as provided in paragraph at any time. (e) of this section, Class E airspace (2) For operation of an aircraft that within the 48 contiguous states and the is not equipped with ADS–B Out, the District of Columbia at and above request must be made at least 1 hour 10,000 feet MSL, excluding the airspace before the proposed operation. at and below 2,500 feet above the sur- (h) The standards required in this face; and section are incorporated by reference (5) Class E airspace at and above 3,000 with the approval of the Director of the feet MSL over the Gulf of Mexico from Office of the Federal Register under 5 the coastline of the United States out U.S.C. 552(a) and 1 CFR part 51. All ap- to 12 nautical miles. proved materials are available for in- (e) The requirements of paragraph (b) spection at the FAA’s Office of Rule- of this section do not apply to any air- making (ARM–1), 800 Independence Av- craft that was not originally certifi- enue, SW., Washington, DC 20590 (tele- cated with an electrical system, or phone 202–267–9677), or at the National that has not subsequently been cer- Archives and Records Administration tified with such a system installed, in- (NARA). For information on the avail- cluding balloons and gliders. These air- ability of this material at NARA, call craft may conduct operations without 202–741–6030, or go to http:// ADS–B Out in the airspace specified in www.archives.gov/federallregister/ paragraphs (d)(2) and (d)(4) of this sec- codeloflfederallregulations/ tion. Operations authorized by this sec- ibrllocations.html. This material is also tion must be conducted— available from the sources indicated in (1) Outside any Class B or Class C air- paragraphs (h)(1) and (h)(2) of this sec- space area; and tion. (2) Below the altitude of the ceiling (1) Copies of Technical Standard of a Class B or Class C airspace area Order (TSO)–C166b, Extended Squitter designated for an airport, or 10,000 feet Automatic Dependent Surveillance- MSL, whichever is lower. Broadcast (ADS–B) and Traffic Infor- (f) Each person operating an aircraft mation Service-Broadcast (TIS–B) equipped with ADS–B Out must operate Equipment Operating on the Radio this equipment in the transmit mode Frequency of 1090 Megahertz (MHz) at all times unless— (December 2, 2009) and TSO–C154c, Uni- (1) Otherwise authorized by the FAA versal Access Transceiver (UAT) Auto- when the aircraft is performing a sen- matic Dependent Surveillance-Broad- sitive government mission for national cast (ADS–B) Equipment Operating on defense, homeland security, intel- the Frequency of 978 MHz (December 2, ligence or law enforcement purposes 2009) may be obtained from the U.S.

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Department of Transportation, Subse- reported aircraft’s velocity, as defined quent Distribution Office, DOT Ware- in TSO–C166b and TSO–C154c. house M30, Ardmore East Business Cen- Navigation Integrity Category (NIC) ter, 3341 Q 75th Avenue, Landover, MD specifies an integrity containment ra- 20785; telephone (301) 322–5377. Copies of dius around an aircraft’s reported posi- TSO –C166B and TSO–C154c are also tion, as defined in TSO–C166b and TSO– available on the FAA’s Web site, at C154c. http://www.faa.gov/aircraft/airlcert/de- Position Source refers to the equip- signlapprovals/tso/. Select the link ment installed onboard an aircraft used ‘‘Search Technical Standard Orders.’’ to process and provide aircraft position (2) Copies of Section 2, Equipment (for example, latitude, longitude, and Performance Requirements and Test velocity) information. Procedures, of RTCA DO–260B, Min- Source Integrity Level (SIL) indicates imum Operational Performance Stand- the probability of the reported hori- ards for 1090 MHz Extended Squitter zontal position exceeding the contain- Automatic Dependent Surveillance- ment radius defined by the NIC on a Broadcast (ADS–B) and Traffic Infor- per sample or per hour basis, as defined mation Services-Broadcast (TIS–B), December 2, 2009 (referenced in TSO– in TSO–C166b and TSO–C154c. C166b) and Section 2, Equipment Per- System Design Assurance (SDA) indi- formance Requirements and Test Pro- cates the probability of an aircraft cedures, of RTCA DO–282B, Minimum malfunction causing false or mis- Operational Performance Standards for leading information to be transmitted, Universal Access Transceiver (UAT) as defined in TSO–C166b and TSO– Automatic Dependent Surveillance- C154c. Broadcast (ADS–B), December 2, 2009 Total latency is the total time be- (referenced in TSO C–154c) may be ob- tween when the position is measured tained from RTCA, Inc., 1828 L Street, and when the position is transmitted NW., Suite 805, Washington, DC 20036– by the aircraft. 5133, telephone 202–833–9339. Copies of Uncompensated latency is the time for RTCA DO–260B and RTCA DO–282B are which the aircraft does not compensate also available on RTCA Inc.’s Web site, for latency. at http://www.rtca.org/onlinecart/ (b) 1090 MHz ES and UAT Broadcast allproducts.cfm. Links and Power Requirements— [Doc. No. FAA–2007–29305, 75 FR 30193, May (1) Aircraft operating in Class A air- 28, 2010; Amdt. 91–314–A, 75 FR 37712, June 30, space must have equipment installed 2010; Amdt. 91–316, 75 FR 37712, June 30, 2010; that meets the antenna and power out- Amdt. 91–336, 80 FR 6900, Feb. 9, 2015; Amdt. put requirements of Class A1, A1S, A2, 91–336A, 80 FR 11537, Mar. 4, 2015; Amdt. 91– A3, B1S, or B1 equipment as defined in 355, 84 FR 34287, July 18, 2019] TSO–C166b, Extended Squitter Auto- § 91.227 Automatic Dependent Surveil- matic Dependent Surveillance-Broad- lance-Broadcast (ADS–B) Out equip- cast (ADS–B) and Traffic Information ment performance requirements. Service-Broadcast (TIS–B) Equipment (a) Definitions. For the purposes of Operating on the Radio Frequency of this section: 1090 Megahertz (MHz). ADS–B Out is a function of an air- (2) Aircraft operating in airspace des- craft’s onboard avionics that periodi- ignated for ADS–B Out, but outside of cally broadcasts the aircraft’s state Class A airspace, must have equipment vector (3-dimensional position and 3-di- installed that meets the antenna and mensional velocity) and other required output power requirements of either: information as described in this sec- (i) Class A1, A1S, A2, A3, B1S, or B1 tion. as defined in TSO–C166b; or Navigation Accuracy Category for Posi- (ii) Class A1H, A1S, A2, A3, B1S, or B1 tion (NACP) specifies the accuracy of a equipment as defined in TSO–C154c, reported aircraft’s position, as defined Universal Access Transceiver (UAT) in TSO–C166b and TSO–C154c. Automatic Dependent Surveillance– Navigation Accuracy Category for Ve- Broadcast (ADS–B) Equipment Oper- locity (NACV) specifies the accuracy of a ating on the Frequency of 978 MHz. 764

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(c) ADS–B Out Performance Require- (11) An indication of the aircraft as- ments for NAC P, NACV, NIC, SDA, and signed ICAO 24-bit address, except SIL— when the pilot has not filed a flight (1) For aircraft broadcasting ADS–B plan, has not requested ATC services, Out as required under § 91.225 (a) and and is using a TSO–C154c self-assigned (b)— temporary 24-bit address; (i) The aircraft’s NACP must be less (12) An indication of the aircraft’s than 0.05 nautical miles; emitter category; (ii) The aircraft’s NACV must be less (13) An indication of whether an than 10 meters per second; ADS–B In capability is installed; (iii) The aircraft’s NIC must be less (14) An indication of the aircraft’s than 0.2 nautical miles; geometric altitude; (iv) The aircraft’s SDA must be 2; (15) An indication of the Navigation and Accuracy Category for Position (v) The aircraft’s SIL must be 3. (NACP); (2) Changes in NACP, NACV, SDA, and (16) An indication of the Navigation SIL must be broadcast within 10 sec- Accuracy Category for Velocity onds. (NACV); (3) Changes in NIC must be broadcast (17) An indication of the Navigation within 12 seconds. Integrity Category (NIC); (d) Minimum Broadcast Message Ele- (18) An indication of the System De- ment Set for ADS–B Out. Each aircraft sign Assurance (SDA); and must broadcast the following informa- (19) An indication of the Source In- tion, as defined in TSO–C166b or TSO– tegrity Level (SIL). C154c. The pilot must enter informa- (e) ADS–B Latency Requirements— tion for message elements listed in (1) The aircraft must transmit its paragraphs (d)(7) through (d)(10) of this geometric position no later than 2.0 section during the appropriate phase of seconds from the time of measurement flight. of the position to the time of trans- (1) The length and width of the air- mission. craft; (2) Within the 2.0 total latency allo- (2) An indication of the aircraft’s cation, a maximum of 0.6 seconds can latitude and longitude; be uncompensated latency. The air- (3) An indication of the aircraft’s bar- craft must compensate for any latency ometric pressure altitude; above 0.6 seconds up to the maximum (4) An indication of the aircraft’s ve- 2.0 seconds total by extrapolating the locity; geometric position to the time of mes- (5) An indication if TCAS II or ACAS sage transmission. is installed and operating in a mode (3) The aircraft must transmit its po- that can generate resolution advisory sition and velocity at least once per alerts; second while airborne or while moving (6) If an operable TCAS II or ACAS is on the airport surface. installed, an indication if a resolution (4) The aircraft must transmit its po- advisory is in effect; sition at least once every 5 seconds (7) An indication of the Mode 3/A while stationary on the airport surface. transponder code specified by ATC; (f) Equipment with an approved devi- (8) An indication of the aircraft’s call ation. Operators with equipment in- sign that is submitted on the flight stalled with an approved deviation plan, or the aircraft’s registration under § 21.618 of this chapter also are in number, except when the pilot has not compliance with this section. filed a flight plan, has not requested (g) Incorporation by Reference. The ATC services, and is using a TSO–C154c standards required in this section are self-assigned temporary 24-bit address; incorporated by reference with the ap- (9) An indication if the flightcrew has proval of the Director of the Office of identified an emergency, radio commu- the Federal Register under 5 U.S.C. nication failure, or unlawful inter- 552(a) and 1 CFR part 51. All approved ference; materials are available for inspection (10) An indication of the aircraft’s at the FAA’s Office of Rulemaking ‘‘IDENT’’ to ATC; (ARM–1), 800 Independence Avenue,

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SW., Washington, DC 20590 (telephone at http://www.rtca.org/onlinecart/ 202–267–9677), or at the National Ar- allproducts.cfm. chives and Records Administration [Doc. No. FAA–2007–29305, 75 FR 30194, May (NARA). For information on the avail- 28, 2010; Amdt. 91–314–A, 75 FR 37712, June 30, ability of this material at NARA, call 2010; Amdt. 91–316, 75 FR 37712, June 30, 2010] 202–741–6030, or go to http:// www.archives.gov/federallregister/ §§ 91.228–91.299 [Reserved] codeloflfederallregulations/ ibrllocations.html. This material is also Subpart D—Special Flight available from the sources indicated in Operations paragraphs (g)(1) and (g)(2) of this sec- tion. SOURCE: Docket No. 18334, 54 FR 34308, Aug. (1) Copies of Technical Standard 18, 1989, unless otherwise noted. Order (TSO)–C166b, Extended Squitter Automatic Dependent Surveillance– § 91.301 [Reserved] Broadcast (ADS–B) and Traffic Infor- mation Service–Broadcast (TIS–B) § 91.303 Aerobatic flight. Equipment Operating on the Radio No person may operate an aircraft in Frequency of 1090 Megahertz (MHz) aerobatic flight— (December 2, 2009) and TSO–C154c, Uni- (a) Over any congested area of a city, versal Access Transceiver (UAT) Auto- town, or settlement; matic Dependent Surveillance–Broad- (b) Over an open air assembly of per- cast (ADS–B) Equipment Operating on sons; the Frequency of 978 MHz (December 2, (c) Within the lateral boundaries of 2009) may be obtained from the U.S. the surface areas of Class B, Class C, Department of Transportation, Subse- Class D, or Class E airspace designated quent Distribution Office, DOT Ware- for an airport; house M30, Ardmore East Business Cen- (d) Within 4 nautical miles of the ter, 3341 Q 75th Avenue, Landover, MD center line of any Federal airway; 20785; telephone (301) 322–5377. Copies of (e) Below an altitude of 1,500 feet TSO –C166B and TSO–C154c are also above the surface; or available on the FAA’s Web site, at (f) When flight visibility is less than http://www.faa.gov/aircraft/airlcert/de- 3 statute miles. signlapprovals/tso/. Select the link For the purposes of this section, aero- ‘‘Search Technical Standard Orders.’’ batic flight means an intentional ma- (2) Copies of Section 2, Equipment neuver involving an abrupt change in Performance Requirements and Test an aircraft’s attitude, an abnormal at- Procedures, of RTCA DO–260B, Min- titude, or abnormal acceleration, not imum Operational Performance Stand- necessary for normal flight. ards for 1090 MHz Extended Squitter [Doc. No. 18834, 54 FR 34308, Aug. 18, 1989, as Automatic Dependent Surveillance- amended by Amdt. 91–227, 56 FR 65661, Dec. Broadcast (ADS–B) and Traffic Infor- 17, 1991] mation Services-Broadcast (TIS–B), December 2, 2009 (referenced in TSO– § 91.305 Flight test areas. C166b) and Section 2, Equipment Per- No person may flight test an aircraft formance Requirements and Test Pro- except over open water, or sparsely cedures, of RTCA DO–282B, Minimum populated areas, having light air traf- Operational Performance Standards for fic. Universal Access Transceiver (UAT) Automatic Dependent Surveillance- § 91.307 Parachutes and parachuting. Broadcast (ADS–B), December 2, 2009 (a) No pilot of a civil aircraft may (referenced in TSO C–154c) may be ob- allow a parachute that is available for tained from RTCA, Inc., 1828 L Street, emergency use to be carried in that NW., Suite 805, Washington, DC 20036– aircraft unless it is an approved type 5133, telephone 202–833–9339. Copies of and has been packed by a certificated RTCA DO–260B and RTCA DO–282B are and appropriately rated parachute rig- also available on RTCA Inc.’s Web site, ger—

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(1) Within the preceding 180 days, if § 91.309 Towing: Gliders and its canopy, shrouds, and harness are unpowered ultralight vehicles. composed exclusively of nylon, rayon, (a) No person may operate a civil air- or other similar synthetic fiber or ma- craft towing a glider or unpowered terials that are substantially resistant ultralight vehicle unless— to damage from mold, mildew, or other (1) The pilot in command of the tow- fungi and other rotting agents propa- ing aircraft is qualified under § 61.69 of gated in a moist environment; or this chapter; (2) Within the preceding 60 days, if (2) The towing aircraft is equipped any part of the parachute is composed with a tow-hitch of a kind, and in- of silk, pongee, or other natural fiber stalled in a manner, that is approved or materials not specified in paragraph by the Administrator; (a)(1) of this section. (3) The towline used has breaking strength not less than 80 percent of the (b) Except in an emergency, no pilot maximum certificated operating in command may allow, and no person weight of the glider or unpowered may conduct, a parachute operation ultralight vehicle and not more than from an aircraft within the United twice this operating weight. However, States except in accordance with part the towline used may have a breaking 105 of this chapter. strength more than twice the max- (c) Unless each occupant of the air- imum certificated operating weight of craft is wearing an approved parachute, the glider or unpowered ultralight ve- no pilot of a civil aircraft carrying any hicle if— person (other than a crewmember) may (i) A safety link is installed at the execute any intentional maneuver that point of attachment of the towline to exceeds— the glider or unpowered ultralight ve- (1) A bank of 60 degrees relative to hicle with a breaking strength not less the horizon; or than 80 percent of the maximum cer- (2) A nose-up or nose-down attitude tificated operating weight of the glider of 30 degrees relative to the horizon. or unpowered ultralight vehicle and not greater than twice this operating (d) Paragraph (c) of this section does weight; not apply to— (ii) A safety link is installed at the (1) Flight tests for pilot certification point of attachment of the towline to or rating; or the towing aircraft with a breaking (2) Spins and other flight maneuvers strength greater, but not more than 25 required by the regulations for any cer- percent greater, than that of the safety tificate or rating when given by— link at the towed glider or unpowered (i) A certificated flight instructor; or ultralight vehicle end of the towline (ii) An airline transport pilot in- and not greater than twice the max- structing in accordance with § 61.67 of imum certificated operating weight of this chapter. the glider or unpowered ultralight ve- (e) For the purposes of this section, hicle; approved parachute means— (4) Before conducting any towing op- (1) A parachute manufactured under eration within the lateral boundaries a type certificate or a technical stand- of the surface areas of Class B, Class C, Class D, or Class E airspace designated ard order (C–23 series); or for an airport, or before making each (2) A personnel-carrying military towing flight within such controlled parachute identified by an NAF, AAF, airspace if required by ATC, the pilot or AN drawing number, an AAF order in command notifies the control tower. number, or any other military designa- If a control tower does not exist or is tion or specification number. not in operation, the pilot in command [Doc. No. 18334, 54 FR 34308, Aug. 18, 1989, as must notify the FAA flight service sta- amended by Amdt. 91–255, 62 FR 68137, Dec. tion serving that controlled airspace 30, 1997; Amdt. 91–268, 66 FR 23553, May 9, before conducting any towing oper- 2001; Amdt. 91–305, 73 FR 69530, Nov. 19, 2008] ations in that airspace; and (5) The pilots of the towing aircraft and the glider or unpowered ultralight

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vehicle have agreed upon a general operation involving the carriage of per- course of action, including takeoff and sons or material necessary to accom- release signals, airspeeds, and emer- plish that operation, such as crop dust- gency procedures for each pilot. ing, seeding, spraying, and banner tow- (b) No pilot of a civil aircraft may in- ing (including the carrying of required tentionally release a towline, after re- persons or material to the location of lease of a glider or unpowered ultra- that operation), an operation for the light vehicle, in a manner that endan- purpose of providing flight crew- gers the life or property of another. member training in a special purpose operation, and an operation conducted [Doc. No. 18834, 54 FR 34308, Aug. 18, 1989, as amended by Amdt. 91–227, 56 FR 65661, Dec. under the authority provided in para- 17, 1991; Amdt. 91–282, 69 FR 44880, July 27, graph (h) of this section are not consid- 2004] ered to be the carriage of persons or property for compensation or hire. § 91.311 Towing: Other than under (d) No person may be carried on a re- § 91.309. stricted category civil aircraft unless No pilot of a civil aircraft may tow that person— anything with that aircraft (other than (1) Is a flight crewmember; under § 91.309) except in accordance (2) Is a flight crewmember trainee; with the terms of a certificate of waiv- (3) Performs an essential function in er issued by the Administrator. connection with a special purpose oper- ation for which the aircraft is certifi- § 91.313 Restricted category civil air- cated; craft: Operating limitations. (4) Is necessary to accomplish the (a) No person may operate a re- work activity directly associated with stricted category civil aircraft— that special purpose; or (1) For other than the special purpose (5) Is necessary to accomplish an op- for which it is certificated; or eration under paragraph (h) of this sec- (2) In an operation other than one tion. necessary to accomplish the work ac- (e) Except when operating in accord- tivity directly associated with that ance with the terms and conditions of special purpose. a certificate of waiver or special oper- (b) For the purpose of paragraph (a) ating limitations issued by the Admin- of this section, the following oper- istrator, no person may operate a re- ations are considered necessary to ac- stricted category civil aircraft within complish the work activity directly as- the United States— sociated with a special purpose oper- (1) Over a densely populated area; ation: (2) In a congested airway; or (1) Flights conducted for flight crew- (3) Near a busy airport where pas- member training in a special purpose senger transport operations are con- operation for which the aircraft is cer- ducted. tificated. (f) This section does not apply to (2) Flights conducted to satisfy pro- nonpassenger-carrying civil rotorcraft ficiency check and recent flight experi- external-load operations conducted ence requirements under part 61 of this under part 133 of this chapter. chapter provided the flight crew- (g) No person may operate a small re- member holds the appropriate cat- stricted-category civil airplane manu- egory, class, and type ratings and is factured after July 18, 1978, unless an employed by the operator to perform approved shoulder harness or restraint the appropriate special purpose oper- system is installed for each front seat. ation. The shoulder harness or restraint sys- (3) Flights conducted to relocate the tem installation at each flightcrew sta- aircraft for delivery, repositioning, or tion must permit the flightcrew mem- maintenance. ber, when seated and with the safety (c) No person may operate a re- belt and shoulder harness fastened or stricted category civil aircraft car- the restraint system engaged, to per- rying persons or property for com- form all functions necessary for flight pensation or hire. For the purposes of operation. For purposes of this para- this paragraph (c), a special purpose graph—

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(1) The date of manufacture of an air- § 91.317 Provisionally certificated civil plane is the date the inspection accept- aircraft: Operating limitations. ance records reflect that the airplane is (a) No person may operate a provi- complete and meets the FAA-approved sionally certificated civil aircraft un- type design data; and less that person is eligible for a provi- (2) A front seat is a seat located at a sional airworthiness certificate under flight crewmember station or any seat § 21.213 of this chapter. located alongside such a seat. (b) No person may operate a provi- (h)(1) An operator may apply for de- sionally certificated civil aircraft out- viation authority from the provisions side the United States unless that per- of paragraph (a) of this section to con- son has specific authority to do so from duct operations for the following pur- the Administrator and each foreign poses: country involved. (i) Flight training and the practical (c) Unless otherwise authorized by test for issuance of a type rating pro- the Executive Director, Flight Stand- vided— ards Service, no person may operate a (A) The pilot being trained and tested provisionally certificated civil aircraft holds at least a commercial pilot cer- in air transportation. tificate with the appropriate category (d) Unless otherwise authorized by and class ratings for the aircraft type; the Administrator, no person may op- (B) The pilot receiving flight training erate a provisionally certificated civil is employed by the operator to perform aircraft except— a special purpose operation; and (1) In direct conjunction with the (C) The flight training is conducted type or supplemental type certification by the operator who employs the pilot of that aircraft; to perform a special purpose operation. (2) For training flight crews, includ- (ii) Flights to designate an examiner ing simulated air carrier operations; or qualify an FAA inspector in the air- (3) Demonstration flight by the man- craft type and flights necessary to pro- ufacturer for prospective purchasers; vide continuing oversight and evalua- (4) Market surveys by the manufac- tion of an examiner. turer; (2) The FAA will issue this deviation (5) Flight checking of instruments, authority as a letter of deviation au- accessories, and equipment that do not thority. affect the basic airworthiness of the aircraft; or (3) The FAA may cancel or amend a (6) Service testing of the aircraft. letter of deviation authority at any (e) Each person operating a provi- time. sionally certificated civil aircraft shall (4) An applicant must submit a re- operate within the prescribed limita- quest for deviation authority in a form tions displayed in the aircraft or set and manner acceptable to the Adminis- forth in the provisional aircraft flight trator at least 60 days before the date manual or other appropriate document. of intended operations. A request for However, when operating in direct con- deviation authority must contain a junction with the type or supplemental complete description of the proposed type certification of the aircraft, that operation and justification that estab- person shall operate under the experi- lishes a level of safety equivalent to mental aircraft limitations of § 21.191 of that provided under the regulations for this chapter and when flight testing, the deviation requested. shall operate under the requirements of [Docket No. 18334, 54 FR 34308, Aug. 18, 1989, § 91.305 of this part. as amended by Docket FAA–2015–1621, Amdt. (f) Each person operating a provision- 91–346, 81 FR 96700, Dec. 30, 2016; Amdt. 60–6, ally certificated civil aircraft shall es- 83 FR 30281, June 27, 2018] tablish approved procedures for— (1) The use and guidance of flight and § 91.315 Limited category civil aircraft: ground personnel in operating under Operating limitations. this section; and No person may operate a limited cat- (2) Operating in and out of airports egory civil aircraft carrying persons or where takeoffs or approaches over pop- property for compensation or hire. ulated areas are necessary. No person

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may operate that aircraft except in outside of an area assigned by the Ad- compliance with the approved proce- ministrator until it is shown that— dures. (1) The aircraft is controllable (g) Each person operating a provi- throughout its normal range of speeds sionally certificated civil aircraft shall and throughout all the maneuvers to ensure that each flight crewmember is be executed; and properly certificated and has adequate (2) The aircraft has no hazardous op- knowledge of, and familiarity with, the erating characteristics or design fea- aircraft and procedures to be used by tures. that crewmember. (c) Unless otherwise authorized by (h) Each person operating a provi- the Administrator in special operating sionally certificated civil aircraft shall limitations, no person may operate an maintain it as required by applicable aircraft that has an experimental cer- regulations and as may be specially tificate over a densely populated area prescribed by the Administrator. or in a congested airway. The Adminis- (i) Whenever the manufacturer, or trator may issue special operating lim- the Administrator, determines that a itations for particular aircraft to per- change in design, construction, or oper- mit takeoffs and landings to be con- ation is necessary to ensure safe oper- ducted over a densely populated area or ation, no person may operate a provi- in a congested airway, in accordance sionally certificated civil aircraft until with terms and conditions specified in that change has been made and ap- the authorization in the interest of proved. Section 21.99 of this chapter ap- safety in air commerce. plies to operations under this section. (d) Each person operating an aircraft (j) Each person operating a provision- that has an experimental certificate ally certificated civil aircraft— shall— (1) May carry in that aircraft only (1) Advise each person carried of the persons who have a proper interest in experimental nature of the aircraft; the operations allowed by this section (2) Operate under VFR, day only, un- or who are specifically authorized by less otherwise specifically authorized both the manufacturer and the Admin- by the Administrator; and istrator; and (3) Notify the control tower of the ex- (2) Shall advise each person carried perimental nature of the aircraft when that the aircraft is provisionally cer- operating the aircraft into or out of tificated. airports with operating control towers. (k) The Administrator may prescribe (e) No person may operate an aircraft additional limitations or procedures that is issued an experimental certifi- that the Administrator considers nec- cate under § 21.191(i) of this chapter for essary, including limitations on the compensation or hire, except a person number of persons who may be carried may operate an aircraft issued an ex- in the aircraft. perimental certificate under § 21.191(i)(1) for compensation or hire (Approved by the Office of Management and to— Budget under control number 2120–0005) (1) Tow a glider that is a light-sport [Doc. No. 18334, 54 FR 34308, Aug. 18, 1989, as aircraft or unpowered ultralight vehi- amended by Amdt. 91–212, 54 FR 39293, Sept. cle in accordance with § 91.309; or 25, 1989; Docket FAA–2018–0119, Amdt. 91–350, (2) Conduct flight training in an air- 83 FR 9171, Mar. 5, 2018] craft which that person provides prior to January 31, 2010. § 91.319 Aircraft having experimental (f) No person may lease an aircraft certificates: Operating limitations. that is issued an experimental certifi- (a) No person may operate an aircraft cate under § 21.191(i) of this chapter, ex- that has an experimental certificate— cept in accordance with paragraph (1) For other than the purpose for (e)(1) of this section. which the certificate was issued; or (g) No person may operate an aircraft (2) Carrying persons or property for issued an experimental certificate compensation or hire. under § 21.191(i)(1) of this chapter to (b) No person may operate an aircraft tow a glider that is a light-sport air- that has an experimental certificate craft or unpowered ultralight vehicle

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for compensation or hire or to conduct didate, agent of a candidate, or person flight training for compensation or traveling on behalf of a candidate, run- hire in an aircraft which that persons ning for Federal, State, or local elec- provides unless within the preceding tion, without having to comply with 100 hours of time in service the aircraft the rules in parts 121, 125 or 135 of this has— chapter, under the following condi- (1) Been inspected by a certificated tions: repairman (light-sport aircraft) with a (1) Your primary business is not as an maintenance rating, an appropriately air carrier or commercial operator; rated mechanic, or an appropriately rated repair station in accordance with (2) You carry the candidate, agent, or inspection procedures developed by the person traveling on behalf of a can- aircraft manufacturer or a person ac- didate, under the rules of part 91; and ceptable to the FAA; or (3) By Federal, state or local law, you (2) Received an inspection for the are required to receive payment for issuance of an airworthiness certificate carrying the candidate, agent, or per- in accordance with part 21 of this chap- son traveling on behalf of a candidate. ter. For federal elections, the payment may (h) The FAA may issue deviation au- not exceed the amount required by the thority providing relief from the provi- Federal Election Commission. For a sions of paragraph (a) of this section state or local election, the payment for the purpose of conducting flight may not exceed the amount required training. The FAA will issue this devi- under the applicable state or local law. ation authority as a letter of deviation (b) For the purposes of this section, authority. for Federal elections, the terms can- (1) The FAA may cancel or amend a didate and election have the same mean- letter of deviation authority at any ing as set forth in the regulations of time. the Federal Election Commission. For (2) An applicant must submit a re- quest for deviation authority to the State or local elections, the terms can- FAA at least 60 days before the date of didate and election have the same mean- intended operations. A request for devi- ing as provided by the applicable State ation authority must contain a com- or local law and those terms relate to plete description of the proposed oper- candidates for election to public office ation and justification that establishes in State and local government elec- a level of safety equivalent to that pro- tions. vided under the regulations for the de- [Doc. No. FAA–2005–20168, 70 FR 4982, Jan. 31, viation requested. 2005] (i) The Administrator may prescribe additional limitations that the Admin- § 91.323 Increased maximum certifi- istrator considers necessary, including cated weights for certain airplanes limitations on the persons that may be operated in Alaska. carried in the aircraft. (a) Notwithstanding any other provi- (j) No person may operate an aircraft sion of the Federal Aviation Regula- that has an experimental certificate under § 61.113(i) of this chapter unless tions, the Administrator will approve, the aircraft is carrying not more than as provided in this section, an increase 6 occupants. in the maximum certificated weight of an airplane type certificated under (Approved by the Office of Management and Aeronautics Bulletin No. 7–A of the Budget under control number 2120–0005) U.S. Department of Commerce dated [Doc. No. 18334, 54 FR 34308, Aug. 18, 1989, as January 1, 1931, as amended, or under amended by Amdt. 91–282, 69 FR 44881, July the normal category of part 4a of the 27, 2004; Docket FAA–2016–9157, Amdt. 91–347, 82 FR 3167, Jan. 11, 2017] former Civil Air Regulations (14 CFR part 4a, 1964 ed.) if that airplane is op- § 91.321 Carriage of candidates in elec- erated in the State of Alaska by— tions. (1) A certificate holder conducting (a) As an aircraft operator, you may operations under part 121 or part 135 of receive payment for carrying a can- this chapter; or

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(2) The U.S. Department of Interior § 91.327 Aircraft having a special air- in conducting its game and fish law en- worthiness certificate in the light- forcement activities or its manage- sport category: Operating limita- ment, fire detection, and fire suppres- tions. sion activities concerning public lands. (a) No person may operate an aircraft (b) The maximum certificated weight that has a special airworthiness certifi- approved under this section may not cate in the light-sport category for exceed— compensation or hire except— (1) 12,500 pounds; (1) To tow a glider or an unpowered (2) 115 percent of the maximum ultralight vehicle in accordance with weight listed in the FAA aircraft speci- § 91.309 of this chapter; or fications; (2) To conduct flight training. (3) The weight at which the airplane (b) No person may operate an aircraft meets the positive maneuvering load that has a special airworthiness certifi- factor n, where n=2.1+(24,000/(W+10,000)) cate in the light-sport category un- and W=design maximum takeoff less— weight, except that n need not be more (1) The aircraft is maintained by a than 3.8; or certificated repairman with a light- (4) The weight at which the airplane sport aircraft maintenance rating, an meets the climb performance require- appropriately rated mechanic, or an ments under which it was type certifi- appropriately rated repair station in cated. accordance with the applicable provi- (c) In determining the maximum cer- sions of part 43 of this chapter and tificated weight, the Administrator maintenance and inspection procedures considers the structural soundness of developed by the aircraft manufacturer the airplane and the terrain to be tra- or a person acceptable to the FAA; versed. (2) A condition inspection is per- (d) The maximum certificated weight formed once every 12 calendar months determined under this section is added by a certificated repairman (light-sport to the airplane’s operation limitations aircraft) with a maintenance rating, an and is identified as the maximum appropriately rated mechanic, or an weight authorized for operations with- appropriately rated repair station in in the State of Alaska. accordance with inspection procedures developed by the aircraft manufacturer [Doc. No. 18334, 54 FR 34308, Aug. 18, 1989; Amdt. 91–211, 54 FR 41211, Oct. 5, 1989, as or a person acceptable to the FAA; amended by Amdt. 91–253, 62 FR 13253, Mar. (3) The owner or operator complies 19, 1997; Docket FAA–2015–1621, Amdt. 91–346, with all applicable airworthiness direc- 81 FR 96700, Dec. 30, 2016] tives; (4) The owner or operator complies § 91.325 Primary category aircraft: Op- with each safety directive applicable to erating limitations. the aircraft that corrects an existing (a) No person may operate a primary unsafe condition. In lieu of complying category aircraft carrying persons or with a safety directive an owner or op- property for compensation or hire. erator may— (b) No person may operate a primary (i) Correct the unsafe condition in a category aircraft that is maintained by manner different from that specified in the pilot-owner under an approved spe- the safety directive provided the per- cial inspection and maintenance pro- son issuing the directive concurs with gram except— the action; or (1) The pilot-owner; or (ii) Obtain an FAA waiver from the (2) A designee of the pilot-owner, pro- provisions of the safety directive based vided that the pilot-owner does not re- on a conclusion that the safety direc- ceive compensation for the use of the tive was issued without adhering to the aircraft. applicable consensus standard; (5) Each alteration accomplished [Doc. No. 23345, 57 FR 41370, Sept. 9, 1992] after the aircraft’s date of manufacture

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meets the applicable and current con- (f) The FAA may prescribe additional sensus standard and has been author- limitations that it considers necessary. ized by either the manufacturer or a [Doc. No. FAA–2001–11133, 69 FR 44881, July person acceptable to the FAA; 27, 2004] (6) Each major alteration to an air- craft product produced under a con- §§ 91.328–91.399 [Reserved] sensus standard is authorized, per- formed and inspected in accordance Subpart E—Maintenance, Preven- with maintenance and inspection pro- tive Maintenance, and Alter- cedures developed by the manufacturer or a person acceptable to the FAA; and ations (7) The owner or operator complies with the requirements for the record- SOURCE: Docket No. 18334, 54 FR 34311, Aug. ing of major repairs and major alter- 18, 1989, unless otherwise noted. ations performed on type-certificated § 91.401 Applicability. products in accordance with § 43.9(d) of this chapter, and with the retention re- (a) This subpart prescribes rules gov- quirements in § 91.417. erning the maintenance, preventive (c) No person may operate an aircraft maintenance, and alterations of U.S.- issued a special airworthiness certifi- registered civil aircraft operating with- cate in the light-sport category to tow in or outside of the United States. a glider or unpowered ultralight vehi- (b) Sections 91.405, 91.409, 91.411, cle for compensation or hire or conduct 91.417, and 91.419 of this subpart do not flight training for compensation or apply to an aircraft maintained in ac- hire in an aircraft which that persons cordance with a continuous airworthi- provides unless within the preceding ness maintenance program as provided 100 hours of time in service the aircraft in part 121, 129, or §§ 91.1411 or has— 135.411(a)(2) of this chapter. (1) Been inspected by a certificated (c) Sections 91.405 and 91.409 of this repairman with a light-sport aircraft part do not apply to an airplane in- maintenance rating, an appropriately spected in accordance with part 125 of rated mechanic, or an appropriately this chapter. rated repair station in accordance with [Doc. No. 18334, 54 FR 34311, Aug. 18, 1989, as inspection procedures developed by the amended by Amdt. 91–267, 66 FR 21066, Apr. aircraft manufacturer or a person ac- 27, 2001; Amdt. 91–280, 68 FR 54560, Sept. 17, ceptable to the FAA and been approved 2003] for return to service in accordance with part 43 of this chapter; or § 91.403 General. (2) Received an inspection for the (a) The owner or operator of an air- issuance of an airworthiness certificate craft is primarily responsible for main- in accordance with part 21 of this chap- taining that aircraft in an airworthy ter. condition, including compliance with (d) Each person operating an aircraft part 39 of this chapter. issued a special airworthiness certifi- (b) No person may perform mainte- cate in the light-sport category must nance, preventive maintenance, or al- operate the aircraft in accordance with terations on an aircraft other than as the aircraft’s operating instructions, prescribed in this subpart and other ap- including any provisions for necessary plicable regulations, including part 43 operating equipment specified in the of this chapter. aircraft’s equipment list. (c) No person may operate an aircraft (e) Each person operating an aircraft for which a manufacturer’s mainte- issued a special airworthiness certifi- nance manual or instructions for con- cate in the light-sport category must tinued airworthiness has been issued advise each person carried of the spe- that contains an airworthiness limita- cial nature of the aircraft and that the tions section unless the mandatory re- aircraft does not meet the airworthi- placement times, inspection intervals, ness requirements for an aircraft and related procedures specified in that issued a standard airworthiness certifi- section or alternative inspection inter- cate. vals and related procedures set forth in

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an operations specification approved craft that has been maintained, re- by the Administrator under part 121 or built, or altered in a manner that may 135 of this chapter or in accordance have appreciably changed its flight with an inspection program approved characteristics or substantially af- under § 91.409(e) have been complied fected its operation in flight until an with. appropriately rated pilot with at least (d) A person must not alter an air- a private pilot certificate flies the air- craft based on a supplemental type cer- craft, makes an operational check of tificate unless the owner or operator of the maintenance performed or alter- the aircraft is the holder of the supple- ation made, and logs the flight in the mental type certificate, or has written aircraft records. permission from the holder. (c) The aircraft does not have to be [Doc. No. 18334, 54 FR 34311, Aug. 18, 1989, as flown as required by paragraph (b) of amended by Amdt. 91–267, 66 FR 21066, Apr. this section if, prior to flight, ground 27, 2001; Amdt. 91–293, 71 FR 56005, Sept. 26, tests, inspection, or both show conclu- 2006] sively that the maintenance, preven- tive maintenance, rebuilding, or alter- § 91.405 Maintenance required. ation has not appreciably changed the Each owner or operator of an air- flight characteristics or substantially craft— affected the flight operation of the air- (a) Shall have that aircraft inspected craft. as prescribed in subpart E of this part and shall between required inspections, (Approved by the Office of Management and except as provided in paragraph (c) of Budget under control number 2120–0005) this section, have discrepancies re- § 91.409 Inspections. paired as prescribed in part 43 of this chapter; (a) Except as provided in paragraph (b) Shall ensure that maintenance (c) of this section, no person may oper- personnel make appropriate entries in ate an aircraft unless, within the pre- the aircraft maintenance records indi- ceding 12 calendar months, it has had— cating the aircraft has been approved (1) An annual inspection in accord- for return to service; ance with part 43 of this chapter and (c) Shall have any inoperative instru- has been approved for return to service ment or item of equipment, permitted by a person authorized by § 43.7 of this to be inoperative by § 91.213(d)(2) of this chapter; or part, repaired, replaced, removed, or (2) An inspection for the issuance of inspected at the next required inspec- an airworthiness certificate in accord- tion; and ance with part 21 of this chapter. (d) When listed discrepancies include inoperative instruments or equipment, No inspection performed under para- shall ensure that a placard has been in- graph (b) of this section may be sub- stalled as required by § 43.11 of this stituted for any inspection required by chapter. this paragraph unless it is performed by a person authorized to perform an- § 91.407 Operation after maintenance, nual inspections and is entered as an preventive maintenance, rebuild- ‘‘annual’’ inspection in the required ing, or alteration. maintenance records. (a) No person may operate any air- (b) Except as provided in paragraph craft that has undergone maintenance, (c) of this section, no person may oper- preventive maintenance, rebuilding, or ate an aircraft carrying any person alteration unless— (other than a crewmember) for hire, (1) It has been approved for return to and no person may give flight instruc- service by a person authorized under tion for hire in an aircraft which that § 43.7 of this chapter; and person provides, unless within the pre- (2) The maintenance record entry re- ceding 100 hours of time in service the quired by § 43.9 or § 43.11, as applicable, aircraft has received an annual or 100- of this chapter has been made. hour inspection and been approved for (b) No person may carry any person return to service in accordance with (other than crewmembers) in an air- part 43 of this chapter or has received

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an inspection for the issuance of an air- spection interval because of service ex- worthiness certificate in accordance perience; with part 21 of this chapter. The 100- (iii) Sample routine and detailed in- hour limitation may be exceeded by spection forms and instructions for not more than 10 hours while en route their use; and to reach a place where the inspection (iv) Sample reports and records and can be done. The excess time used to instructions for their use; reach a place where the inspection can (3) Enough housing and equipment be done must be included in computing for necessary disassembly and proper the next 100 hours of time in service. inspection of the aircraft; and (c) Paragraphs (a) and (b) of this sec- (4) Appropriate current technical in- tion do not apply to— formation for the aircraft. (1) An aircraft that carries a special The frequency and detail of the pro- flight permit, a current experimental gressive inspection shall provide for certificate, or a light-sport or provi- the complete inspection of the aircraft sional airworthiness certificate; within each 12 calendar months and be (2) An aircraft inspected in accord- consistent with the manufacturer’s ance with an approved aircraft inspec- recommendations, field service experi- tion program under part 125 or 135 of ence, and the kind of operation in this chapter and so identified by the which the aircraft is engaged. The pro- registration number in the operations gressive inspection schedule must en- specifications of the certificate holder sure that the aircraft, at all times, will having the approved inspection pro- be airworthy and will conform to all gram; applicable FAA aircraft specifications, (3) An aircraft subject to the require- type certificate data sheets, airworthi- ments of paragraph (d) or (e) of this ness directives, and other approved section; or data. If the progressive inspection is (4) Turbine-powered rotorcraft when discontinued, the owner or operator the operator elects to inspect that shall immediately notify the respon- rotorcraft in accordance with para- sible Flight Standards office, in writ- graph (e) of this section. ing, of the discontinuance. After the (d) Progressive inspection. Each reg- discontinuance, the first annual inspec- istered owner or operator of an aircraft tion under § 91.409(a)(1) is due within 12 desiring to use a progressive inspection calendar months after the last com- program must submit a written request plete inspection of the aircraft under to the responsible Flight Standards of- the progressive inspection. The 100- fice, and shall provide— hour inspection under § 91.409(b) is due (1) A certificated mechanic holding within 100 hours after that complete an inspection authorization, a certifi- inspection. A complete inspection of cated repair station, or the the aircraft, for the purpose of deter- manufacturer of the aircraft to super- mining when the annual and 100-hour vise or conduct the progressive inspec- inspections are due, requires a detailed tion; inspection of the aircraft and all its (2) A current inspection procedures components in accordance with the manual available and readily under- progressive inspection. A routine in- standable to pilot and maintenance spection of the aircraft and a detailed personnel containing, in detail— inspection of several components is not (i) An explanation of the progressive considered to be a complete inspection. inspection, including the continuity of (e) Large airplanes (to which part 125 is inspection responsibility, the making not applicable), turbojet multiengine air- of reports, and the keeping of records planes, turbopropeller-powered multien- and technical reference material; gine airplanes, and turbine-powered (ii) An inspection schedule, speci- rotorcraft. No person may operate a fying the intervals in hours or days large airplane, turbojet multiengine when routine and detailed inspections airplane, turbopropeller-powered mul- will be performed and including in- tiengine airplane, or turbine-powered structions for exceeding an inspection rotorcraft unless the replacement interval by not more than 10 hours times for life-limited parts specified in while en route and for changing an in- the aircraft specifications, type data

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sheets, or other documents approved by spections on the aircraft and, upon re- the Administrator are complied with quest, to the Administrator. and the airplane or turbine-powered (g) Inspection program approved under rotorcraft, including the airframe, en- paragraph (e) of this section. Each oper- gines, propellers, rotors, appliances, ator of an airplane or turbine-powered survival equipment, and emergency rotorcraft desiring to establish or equipment, is inspected in accordance change an approved inspection program with an inspection program selected under paragraph (f)(4) of this section under the provisions of paragraph (f) of must submit the program for approval this section, except that, the owner or to the responsible Flight Standards of- operator of a turbine-powered rotor- fice. The program must be in writing craft may elect to use the inspection and include at least the following in- provisions of § 91.409(a), (b), (c), or (d) in formation: lieu of an inspection option of (1) Instructions and procedures for § 91.409(f). the conduct of inspections for the par- (f) Selection of inspection program ticular make and model airplane or under paragraph (e) of this section. The turbine-powered rotorcraft, including registered owner or operator of each necessary tests and checks. The in- airplane or turbine-powered rotorcraft structions and procedures must set described in paragraph (e) of this sec- forth in detail the parts and areas of tion must select, identify in the air- the airframe, engines, propellers, ro- craft maintenance records, and use one tors, and appliances, including survival of the following programs for the in- and emergency equipment required to spection of the aircraft: be inspected. (1) A continuous airworthiness in- (2) A schedule for performing the in- spection program that is part of a con- spections that must be performed tinuous airworthiness maintenance under the program expressed in terms program currently in use by a person of the time in service, calendar time, holding an air carrier operating certifi- number of system operations, or any cate or an operating certificate issued combination of these. under part 121 or 135 of this chapter and (h) Changes from one inspection pro- operating that make and model air- gram to another. When an operator craft under part 121 of this chapter or changes from one inspection program operating that make and model under under paragraph (f) of this section to part 135 of this chapter and maintain- another, the time in service, calendar ing it under § 135.411(a)(2) of this chap- times, or cycles of operation accumu- ter. lated under the previous program must (2) An approved aircraft inspection be applied in determining inspection program approved under § 135.419 of this due times under the new program. chapter and currently in use by a per- son holding an operating certificate (Approved by the Office of Management and issued under part 135 of this chapter. Budget under control number 2120–0005) (3) A current inspection program rec- [Doc. No. 18334, 54 FR 34311, Aug. 18, 1989; ommended by the manufacturer. Amdt. 91–211, 54 FR 41211, Oct. 5, 1989; Amdt. (4) Any other inspection program es- 91–267, 66 FR 21066, Apr. 27, 2001; Amdt. 91–282, tablished by the registered owner or 69 FR 44882, July 27, 2004; Docket FAA–2018– operator of that airplane or turbine- 0119, Amdt. 91–350, 83 FR 9171, Mar. 5, 2018] powered rotorcraft and approved by the § 91.410 [Reserved] Administrator under paragraph (g) of this section. However, the Adminis- § 91.411 Altimeter system and altitude trator may require revision of this in- reporting equipment tests and in- spection program in accordance with spections. the provisions of § 91.415. (a) No person may operate an air- Each operator shall include in the se- plane, or helicopter, in controlled air- lected program the name and address space under IFR unless— of the person responsible for scheduling (1) Within the preceding 24 calendar the inspections required by the pro- months, each static pressure system, gram and make a copy of that program each altimeter instrument, and each available to the person performing in- automatic pressure altitude reporting

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system has been tested and inspected § 91.413 ATC transponder tests and in- and found to comply with appendices E spections. and F of part 43 of this chapter; (a) No persons may use an ATC trans- (2) Except for the use of system drain ponder that is specified in 91.215(a), and alternate static pressure valves, 121.345(c), or § 135.143(c) of this chapter following any opening and closing of unless, within the preceding 24 cal- the static pressure system, that system endar months, the ATC transponder has been tested and inspected and has been tested and inspected and found to comply with paragraph (a), found to comply with appendix F of appendix E, of part 43 of this chapter; part 43 of this chapter; and and (b) Following any installation or (3) Following installation or mainte- maintenance on an ATC transponder nance on the automatic pressure alti- where data correspondence error could tude reporting system of the ATC be introduced, the integrated system transponder where data correspondence has been tested, inspected, and found error could be introduced, the inte- to comply with paragraph (c), appendix grated system has been tested, in- E, of part 43 of this chapter. spected, and found to comply with (c) The tests and inspections speci- paragraph (c), appendix E, of part 43 of fied in this section must be conducted by— this chapter. (1) A certificated repair station prop- (b) The tests required by paragraph erly equipped to perform those func- (a) of this section must be conducted tions and holding— by— (i) A radio rating, Class III; (1) The manufacturer of the airplane, (ii) A limited radio rating appro- or helicopter, on which the tests and priate to the make and model trans- inspections are to be performed; ponder to be tested; (2) A certificated repair station prop- (iii) A limited rating appropriate to erly equipped to perform those func- the test to be performed; tions and holding— (2) A holder of a continuous air- (i) An instrument rating, Class I; worthiness maintenance program as (ii) A limited instrument rating ap- provided in part 121 or § 135.411(a)(2) of propriate to the make and model of ap- this chapter; or pliance to be tested; (3) The manufacturer of the aircraft (iii) A limited rating appropriate to on which the transponder to be tested the test to be performed; is installed, if the transponder was in- (iv) An airframe rating appropriate stalled by that manufacturer. to the airplane, or helicopter, to be [Doc. No. 18334, 54 FR 34311, Aug. 18, 1989, as tested; or amended by Amdt. 91–267, 66 FR 21066, Apr. (3) A certificated mechanic with an 27, 2001; Amdt. 91–269, 66 FR 41116, Aug. 6, airframe rating (static pressure system 2001] tests and inspections only). (c) Altimeter and altitude reporting § 91.415 Changes to aircraft inspection programs. equipment approved under Technical Standard Orders are considered to be (a) Whenever the Administrator finds tested and inspected as of the date of that revisions to an approved aircraft their manufacture. inspection program under § 91.409(f)(4) or § 91.1109 are necessary for the contin- (d) No person may operate an air- ued adequacy of the program, the plane, or helicopter, in controlled air- owner or operator must, after notifica- space under IFR at an altitude above tion by the Administrator, make any the maximum altitude at which all al- changes in the program found to be timeters and the automatic altitude re- necessary by the Administrator. porting system of that airplane, or hel- (b) The owner or operator may peti- icopter, have been tested. tion the Administrator to reconsider [Doc. No. 18334, 54 FR 34308, Aug. 18, 1989, as the notice to make any changes in a amended by Amdt. 91–269, 66 FR 41116, Aug. 6, program in accordance with paragraph 2001; 72 FR 7739, Feb. 20, 2007] (a) of this section.

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(c) The petition must be filed with (v) The current status of applicable the Executive Director, Flight Stand- airworthiness directives (AD) and safe- ards Service within 30 days after the ty directives including, for each, the certificate holder or fractional owner- method of compliance, the AD or safe- ship program manager receives the no- ty directive number and revision date. tice. If the AD or safety directive involves (d) Except in the case of an emer- recurring action, the time and date gency requiring immediate action in when the next action is required. the interest of safety, the filing of the (vi) Copies of the forms prescribed by petition stays the notice pending a de- § 43.9(d) of this chapter for each major cision by the Administrator. alteration to the airframe and cur- rently installed engines, rotors, propel- [Doc. No. 18334, 54 FR 34311, Aug. 18, 1989, as lers, and appliances. amended by Amdt. 91–280, 68 FR 54560, Sept. (b) The owner or operator shall re- 17, 2003; Docket FAA–2018–0119, Amdt. 91–350, tain the following records for the peri- 83 FR 9171, Mar. 5, 2018] ods prescribed: § 91.417 Maintenance records. (1) The records specified in paragraph (a)(1) of this section shall be retained (a) Except for work performed in ac- until the work is repeated or super- cordance with §§ 91.411 and 91.413, each seded by other work or for 1 year after registered owner or operator shall keep the work is performed. the following records for the periods (2) The records specified in paragraph specified in paragraph (b) of this sec- (a)(2) of this section shall be retained tion: and transferred with the aircraft at the (1) Records of the maintenance, pre- time the aircraft is sold. ventive maintenance, and alteration (3) A list of defects furnished to a and records of the 100-hour, annual, registered owner or operator under progressive, and other required or ap- § 43.11 of this chapter shall be retained proved inspections, as appropriate, for until the defects are repaired and the each aircraft (including the airframe) aircraft is approved for return to serv- and each engine, propeller, rotor, and ice. appliance of an aircraft. The records (c) The owner or operator shall make must include— all maintenance records required to be (i) A description (or reference to data kept by this section available for in- acceptable to the Administrator) of the spection by the Administrator or any work performed; and authorized representative of the Na- (ii) The date of completion of the tional Transportation Safety Board work performed; and (NTSB). In addition, the owner or oper- (iii) The signature, and certificate ator shall present Form 337 described number of the person approving the in paragraph (d) of this section for in- aircraft for return to service. spection upon request of any law en- (2) Records containing the following forcement officer. information: (d) When a fuel tank is installed (i) The total time in service of the within the passenger compartment or a airframe, each engine, each propeller, baggage compartment pursuant to part and each rotor. 43 of this chapter, a copy of FAA Form (ii) The current status of life-limited 337 shall be kept on board the modified parts of each airframe, engine, pro- aircraft by the owner or operator. peller, rotor, and appliance. (Approved by the Office of Management and (iii) The time since last overhaul of Budget under control number 2120–0005) all items installed on the aircraft [Doc. No. 18334, 54 FR 34311, Aug. 18, 1989, as which are required to be overhauled on amended by Amdt. 91–311, 75 FR 5223, Feb. 1, a specified time basis. 2010; Amdt. 91–323, 76 FR 39260, July 6, 2011] (iv) The current inspection status of the aircraft, including the time since § 91.419 Transfer of maintenance the last inspection required by the in- records. spection program under which the air- Any owner or operator who sells a craft and its appliances are main- U.S.-registered aircraft shall transfer tained. to the purchaser, at the time of sale,

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the following records of that aircraft, §§ 91.423–91.499 [Reserved] in plain language form or in coded form at the election of the purchaser, if the Subpart F—Large and Turbine- coded form provides for the preserva- Powered Multiengine Air- tion and retrieval of information in a planes and Fractional Owner- manner acceptable to the Adminis- ship Program Aircraft trator: (a) The records specified in SOURCE: Docket No. 18334, 54 FR 34314, Aug. § 91.417(a)(2). 18, 1989, unless otherwise noted. (b) The records specified in § 91.417(a)(1) which are not included in § 91.501 Applicability. the records covered by paragraph (a) of (a) This subpart prescribes operating this section, except that the purchaser rules, in addition to those prescribed in may permit the seller to keep physical other subparts of this part, governing custody of such records. However, cus- the operation of large airplanes of U.S. tody of records by the seller does not registry, turbojet-powered multiengine relieve the purchaser of the responsi- civil airplanes of U.S. registry, and bility under § 91.417(c) to make the fractional ownership program aircraft records available for inspection by the of U.S. registry that are operating Administrator or any authorized rep- under subpart K of this part in oper- resentative of the National Transpor- ations not involving common carriage. tation Safety Board (NTSB). The operating rules in this subpart do not apply to those aircraft when they § 91.421 Rebuilt engine maintenance are required to be operated under parts records. 121, 125, 129, 135, and 137 of this chapter. (a) The owner or operator may use a (Section 91.409 prescribes an inspection new maintenance record, without pre- program for large and for turbine-pow- vious operating history, for an aircraft ered (turbojet and turboprop) multien- engine rebuilt by the manufacturer or gine airplanes and turbine-powered rotorcraft of U.S. registry when they by an agency approved by the manufac- are operated under this part or part 129 turer. or 137.) (b) Each manufacturer or agency (b) Operations that may be conducted that grants zero time to an engine re- under the rules in this subpart instead built by it shall enter in the new of those in parts 121, 129, 135, and 137 of record— this chapter when common carriage is (1) A signed statement of the date the not involved, include— engine was rebuilt; (1) Ferry or training flights; (2) Each change made as required by (2) Aerial work operations such as airworthiness directives; and aerial photography or survey, or pipe- (3) Each change made in compliance line patrol, but not including fire fight- with manufacturer’s service bulletins, ing operations; if the entry is specifically requested in (3) Flights for the demonstration of that bulletin. an airplane to prospective customers (c) For the purposes of this section, a when no charge is made except for rebuilt engine is a used engine that has those specified in paragraph (d) of this been completely disassembled, in- section; spected, repaired as necessary, reas- (4) Flights conducted by the operator of an airplane for his personal trans- sembled, tested, and approved in the portation, or the transportation of his same manner and to the same toler- guests when no charge, assessment, or ances and limits as a new engine with fee is made for the transportation; either new or used parts. However, all (5) Carriage of officials, employees, parts used in it must conform to the guests, and property of a company on production drawing tolerances and lim- an airplane operated by that company, its for new parts or be of approved or the parent or a subsidiary of the oversized or undersized dimensions for company or a subsidiary of the parent, a new engine. when the carriage is within the scope

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of, and incidental to, the business of properly accounted for as part of the the company (other than transpor- total hours associated with the frac- tation by air) and no charge, assess- tional owner’s share of ownership. ment or fee is made for the carriage in (c) As used in this section— excess of the cost of owning, operating, (1) A time sharing agreement means an and maintaining the airplane, except arrangement whereby a person leases that no charge of any kind may be his airplane with flight crew to another made for the carriage of a guest of a person, and no charge is made for the company, when the carriage is not flights conducted under that arrange- within the scope of, and incidental to, ment other than those specified in the business of that company; paragraph (d) of this section; (6) The carriage of company officials, employees, and guests of the company (2) An interchange agreement means an on an airplane operated under a time arrangement whereby a person leases sharing, interchange, or joint owner- his airplane to another person in ex- ship agreement as defined in paragraph change for equal time, when needed, on (c) of this section; the other person’s airplane, and no (7) The carriage of property (other charge, assessment, or fee is made, ex- than mail) on an airplane operated by cept that a charge may be made not to a person in the furtherance of a busi- exceed the difference between the cost ness or employment (other than trans- of owning, operating, and maintaining portation by air) when the carriage is the two airplanes; within the scope of, and incidental to, (3) A joint ownership agreement means that business or employment and no an arrangement whereby one of the charge, assessment, or fee is made for registered joint owners of an airplane the carriage other than those specified employs and furnishes the flight crew in paragraph (d) of this section; for that airplane and each of the reg- (8) The carriage on an airplane of an istered joint owners pays a share of the athletic team, sports group, choral charge specified in the agreement. group, or similar group having a com- (d) The following may be charged, as mon purpose or objective when there is expenses of a specific flight, for trans- no charge, assessment, or fee of any portation as authorized by paragraphs kind made by any person for that car- (b) (3) and (7) and (c)(1) of this section: riage; and (1) Fuel, oil, lubricants, and other ad- (9) The carriage of persons on an air- ditives. plane operated by a person in the fur- therance of a business other than (2) Travel expenses of the crew, in- transportation by air for the purpose of cluding food, lodging, and ground selling them land, goods, or property, transportation. including franchises or distributor- (3) Hangar and tie-down costs away ships, when the carriage is within the from the aircraft’s base of operation. scope of, and incidental to, that busi- (4) Insurance obtained for the specific ness and no charge, assessment, or fee flight. is made for that carriage. (5) Landing fees, airport taxes, and (10) Any operation identified in para- similar assessments. graphs (b)(1) through (b)(9) of this sec- (6) Customs, foreign permit, and tion when conducted— similar fees directly related to the (i) By a fractional ownership program flight. manager, or (7) In flight food and beverages. (ii) By a fractional owner in a frac- (8) Passenger ground transportation. tional ownership program aircraft op- (9) and weather con- erated under subpart K of this part, ex- tract services. cept that a flight under a joint owner- ship arrangement under paragraph (10) An additional charge equal to 100 (b)(6) of this section may not be con- percent of the expenses listed in para- ducted. For a flight under an inter- graph (d)(1) of this section. change agreement under paragraph [Doc. No. 18334, 54 FR 34314, Aug. 18, 1989, as (b)(6) of this section, the exchange of amended by Amdt. 91–280, 68 FR 54560, Sept. equal time for the operation must be 17, 2003]

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§ 91.503 Flying equipment and oper- is required, and with any placards, list- ating information. ings, instrument markings, or any (a) The pilot in command of an air- combination thereof, containing each plane shall ensure that the following operating limitation prescribed for flying equipment and aeronautical that airplane by the Administrator, in- charts and data, in current and appro- cluding those specified in § 91.9(b). priate form, are accessible for each (b) Each required member of the crew flight at the pilot station of the air- shall, before beginning a flight, become plane: familiar with the emergency equip- (1) A flashlight having at least two ment installed on the airplane to which size ‘‘D’’ cells, or the equivalent, that that crewmember is assigned and with is in good working order. the procedures to be followed for the (2) A cockpit checklist containing use of that equipment in an emergency the procedures required by paragraph situation. (b) of this section. (3) Pertinent aeronautical charts. § 91.507 Equipment requirements: Over-the-top or night VFR oper- (4) For IFR, VFR over-the-top, or ations. night operations, each pertinent navi- gational en route, terminal area, and No person may operate an airplane approach and letdown chart. over-the-top or at night under VFR un- (5) In the case of multiengine air- less that airplane is equipped with the planes, one-engine inoperative climb instruments and equipment required performance data. for IFR operations under § 91.205(d) and (b) Each cockpit checklist must con- one electric landing light for night op- tain the following procedures and shall erations. Each required instrument and be used by the flight crewmembers item of equipment must be in operable when operating the airplane: condition. (1) Before starting engines. § 91.509 Survival equipment for (2) Before takeoff. overwater operations. (3) Cruise. (4) Before landing. (a) No person may take off an air- (5) After landing. plane for a flight over water more than (6) Stopping engines. 50 nautical miles from the nearest (7) Emergencies. shore unless that airplane is equipped (c) Each emergency cockpit checklist with a life preserver or an approved flo- procedure required by paragraph (b)(7) tation means for each occupant of the of this section must contain the fol- airplane. lowing procedures, as appropriate: (b) Except as provided in paragraph (1) Emergency operation of fuel, hy- (c) of this section, no person may take draulic, electrical, and mechanical sys- off an airplane for flight over water tems. more than 30 minutes flying time or 100 (2) Emergency operation of instru- nautical miles from the nearest shore, ments and controls. whichever is less, unless it has on (3) Engine inoperative procedures. board the following survival equip- (4) Any other procedures necessary ment: for safety. (1) A life preserver, equipped with an (d) The equipment, charts, and data approved survivor locator light, for prescribed in this section shall be used each occupant of the airplane. by the pilot in command and other (2) Enough liferafts (each equipped members of the flight crew, when perti- with an approved survival locator nent. light) of a rated capacity and buoyancy to accommodate the occupants of the § 91.505 Familiarity with operating airplane. limitations and emergency equip- (3) At least one pyrotechnic signaling ment. device for each liferaft. (a) Each pilot in command of an air- (4) One self-buoyant, water-resistant, plane shall, before beginning a flight, portable emergency radio signaling de- become familiar with the Airplane vice that is capable of transmission on Flight Manual for that airplane, if one the appropriate emergency frequency

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or frequencies and not dependent upon navigate the airplane within the air- the airplane power supply. space assigned by air traffic control. (5) A lifeline stored in accordance However, a receiver that can receive with § 25.1411(g) of this chapter. both communications and required (c) A fractional ownership program navigational signals may be used in manager under subpart K of this part place of a separate communications re- may apply for a deviation from para- ceiver and a separate navigational sig- graphs (b)(2) through (5) of this section nal receiver or unit. for a particular over water operation or (b) For the purposes of paragraphs the Administrator may amend the (a)(1)(iv) and (a)(2) of this section, a re- management specifications to require ceiver or electronic navigation unit is the carriage of all or any specific items independent if the function of any part of the equipment listed in paragraphs of it does not depend on the func- (b)(2) through (5) of this section. tioning of any part of another receiver (d) The required life rafts, life pre- or electronic navigation unit. servers, and signaling devices must be (c) Notwithstanding the provisions of installed in conspicuously marked lo- paragraph (a) of this section, a person cations and easily accessible in the may operate an airplane on which no event of a ditching without appreciable passengers are carried from a place time for preparatory procedures. where repairs or replacement cannot be (e) A survival kit, appropriately made to a place where they can be equipped for the route to be flown, made, if not more than one of each of must be attached to each required life the dual items of radio communication raft. and navigational equipment specified (f) As used in this section, the term in paragraphs (a)(1) (i) through (iv) and shore means that area of the land adja- (a)(2) of this section malfunctions or cent to the water that is above the becomes inoperative. high water mark and excludes land (d) Notwithstanding the provisions of areas that are intermittently under paragraph (a) of this section, when water. both VHF and HF communications [Doc. No. 18334, 54 FR 34314, Aug. 18, 1989, as equipment are required for the route amended by Amdt. 91–280, 68 FR 54561, Sept. and the airplane has two VHF trans- 17, 2003] mitters and two VHF receivers for communications, only one HF trans- § 91.511 Communication and naviga- mitter and one HF receiver is required tion equipment for overwater oper- for communications. ations. (e) As used in this section, the term (a) Except as provided in paragraphs shore means that area of the land adja- (c), (d), and (f) of this section, no per- cent to the water which is above the son may take off an airplane for a high-water mark and excludes land flight over water more than 30 minutes areas which are intermittently under flying time or 100 nautical miles from water. the nearest shore unless it has at least (f) Notwithstanding the requirements the following operable equipment: in paragraph (a)(2) of this section, a (1) Radio communication equipment person may operate in the Gulf of Mex- appropriate to the facilities to be used ico, the Caribbean Sea, and the Atlan- and able to transmit to, and receive tic Ocean west of a line which extends from, at least one communication fa- from 44°47′00″ N / 67°00′00″ W to 39°00′00″ cility from any place along the route: N / 67°00′00″ W to 38°30′00″ N / 60°00′00″ W (i) Two transmitters. south along the 60°00′00″ W longitude (ii) Two microphones. line to the point where the line inter- (iii) Two headsets or one headset and sects with the northern coast of South one speaker. America, when: (iv) Two independent receivers. (1) A single long-range navigation (2) Appropriate electronic naviga- system is installed, operational, and tional equipment consisting of at least appropriate for the route; and two independent electronic navigation (2) Flight conditions and the air- units capable of providing the pilot craft’s capabilities are such that no with the information necessary to more than a 30-minute gap in two-way

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radio very high frequency communica- (d) First aid kits for treatment of in- tions is expected to exist. juries likely to occur in flight or in minor accidents must be provided. [Doc. No. 18334, 54 FR 34314, Aug. 18, 1989, as amended by Amdt. 91–249, 61 FR 7190, Feb. 26, (e) Each airplane accommodating 1996; Amdt. 91–296, 72 FR 31679, June 7, 2007] more than 19 passengers must be equipped with a crash axe. § 91.513 Emergency equipment. (f) Each passenger-carrying airplane (a) No person may operate an air- must have a portable battery-powered plane unless it is equipped with the megaphone or megaphones readily ac- emergency equipment listed in this cessible to the crewmembers assigned section. to direct emergency evacuation, in- stalled as follows: (b) Each item of equipment— (1) One megaphone on each airplane (1) Must be inspected in accordance with a seating capacity of more than 60 with § 91.409 to ensure its continued but less than 100 passengers, at the serviceability and immediate readiness most rearward location in the pas- for its intended purposes; senger cabin where it would be readily (2) Must be readily accessible to the accessible to a normal flight attendant crew; seat. However, the Administrator may (3) Must clearly indicate its method grant a deviation from the require- of operation; and ments of this subparagraph if the Ad- (4) When carried in a compartment or ministrator finds that a different loca- container, must have that compart- tion would be more useful for evacu- ment or container marked as to con- ation of persons during an emergency. tents and date of last inspection. (2) On each airplane with a seating (c) Hand fire extinguishers must be capacity of 100 or more passengers, one provided for use in crew, passenger, and megaphone installed at the forward end cargo compartments in accordance and one installed at the most rearward with the following: location where it would be readily ac- (1) The type and quantity of extin- cessible to a normal flight attendant guishing agent must be suitable for the seat. kinds of fires likely to occur in the compartment where the extinguisher is § 91.515 Flight altitude rules. intended to be used. (a) Notwithstanding § 91.119, and ex- (2) At least one hand fire extin- cept as provided in paragraph (b) of guisher must be provided and located this section, no person may operate an on or near the flight deck in a place airplane under VFR at less than— that is readily accessible to the flight crew. (1) One thousand feet above the sur- face, or 1,000 feet from any mountain, (3) At least one hand fire extin- hill, or other obstruction to flight, for guisher must be conveniently located day operations; and in the passenger compartment of each airplane accommodating more than six (2) The altitudes prescribed in § 91.177, but less than 31 passengers, and at for night operations. least two hand fire extinguishers must (b) This section does not apply— be conveniently located in the pas- (1) During takeoff or landing; senger compartment of each airplane (2) When a different altitude is au- accommodating more than 30 pas- thorized by a waiver to this section sengers. under subpart J of this part; or (4) Hand fire extinguishers must be (3) When a flight is conducted under installed and secured in such a manner the special VFR weather minimums of that they will not interfere with the § 91.157 with an appropriate clearance safe operation of the airplane or ad- from ATC. versely affect the safety of the crew and passengers. They must be readily § 91.517 Passenger information. accessible and, unless the locations of (a) Except as provided in paragraph the fire extinguishers are obvious, (b) of this section, no person may oper- their stowage provisions must be prop- ate an airplane carrying passengers un- erly identified. less it is equipped with signs that are

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visible to passengers and flight attend- her. This briefing shall include a state- ants to notify them when smoking is ment, as appropriate, that Federal prohibited and when safety belts must Aviation Regulations require passenger be fastened. The signs must be so con- compliance with the lighted passenger structed that the crew can turn them sign and/or crewmember instructions on and off. They must be turned on with regard to these items; during airplane movement on the sur- (3) Location and means for opening face, for each takeoff, for each landing, the passenger entry door and emer- and when otherwise considered to be gency exits; necessary by the pilot in command. (4) Location of survival equipment; (b) The pilot in command of an air- (5) Ditching procedures and the use of plane that is not required, in accord- flotation equipment required under ance with applicable aircraft and § 91.509 for a flight over water; and equipment requirements of this chap- (6) The normal and emergency use of ter, to be equipped as provided in para- oxygen equipment installed on the air- graph (a) of this section shall ensure plane. that the passengers are notified orally (b) The oral briefing required by each time that it is necessary to fasten paragraph (a) of this section shall be their safety belts and when smoking is given by the pilot in command or a prohibited. member of the crew, but need not be (c) If passenger information signs are given when the pilot in command de- installed, no passenger or crewmember termines that the passengers are famil- may smoke while any ‘‘no smoking’’ iar with the contents of the briefing. It sign is lighted nor may any passenger may be supplemented by printed cards or crewmember smoke in any lavatory. for the use of each passenger con- (d) Each passenger required by taining— § 91.107(a)(3) to occupy a seat or berth (1) A diagram of, and methods of op- shall fasten his or her safety belt about erating, the emergency exits; and him or her and keep it fastened while (2) Other instructions necessary for any ‘‘fasten seat belt’’ sign is lighted. use of emergency equipment. (e) Each passenger shall comply with (c) Each card used under paragraph instructions given him or her by crew- (b) must be carried in convenient loca- members regarding compliance with tions on the airplane for the use of paragraphs (b), (c), and (d) of this sec- each passenger and must contain infor- tion. mation that is pertinent only to the [Doc. No. 26142, 57 FR 42672, Sept. 15, 1992] type and model airplane on which it is used. § 91.519 Passenger briefing. (d) For operations under subpart K of (a) Before each takeoff the pilot in this part, the passenger briefing re- command of an airplane carrying pas- quirements of § 91.1035 apply, instead of sengers shall ensure that all passengers the requirements of paragraphs (a) have been orally briefed on— through (c) of this section. (1) Smoking. Each passenger shall be [Doc. No. 18334, 54 FR 34314, Aug. 18, 1989, as briefed on when, where, and under what amended by Amdt. 91–231, 57 FR 42672, Sept. conditions smoking is prohibited. This 15, 1992; Amdt. 91–280, 68 FR 54561, Sept. 17, briefing shall include a statement, as 2003] appropriate, that the Federal Aviation Regulations require passenger compli- § 91.521 Shoulder harness. ance with lighted passenger informa- (a) No person may operate a trans- tion signs and no smoking placards, port category airplane that was type prohibit smoking in lavatories, and re- certificated after January 1, 1958, un- quire compliance with crewmember in- less it is equipped at each seat at a structions with regard to these items; flight deck station with a combined (2) Use of safety belts and shoulder har- safety belt and shoulder harness that nesses. Each passenger shall be briefed meets the applicable requirements on when, where, and under what condi- specified in § 25.785 of this chapter, ex- tions it is necessary to have his or her cept that— safety belt and, if installed, his or her (1) Shoulder harnesses and combined shoulder harness fastened about him or safety belt and shoulder harnesses that

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were approved and installed before (3) It is carried in accordance with March 6, 1980, may continue to be used; each of the following: and (i) It is properly secured by a safety (2) Safety belt and shoulder harness belt or other tiedown having enough restraint systems may be designed to strength to eliminate the possibility of the inertia load factors established shifting under all normally anticipated under the certification basis of the air- flight and ground conditions. plane. (ii) It is packaged or covered to avoid (b) No person may operate a trans- possible injury to passengers. port category airplane unless it is (iii) It does not impose any load on equipped at each required flight at- seats or on the floor structure that ex- tendant seat in the passenger compart- ceeds the load limitation for those ment with a combined safety belt and components. shoulder harness that meets the appli- cable requirements specified in § 25.785 (iv) It is not located in a position of this chapter, except that— that restricts the access to or use of (1) Shoulder harnesses and combined any required emergency or regular safety belt and shoulder harnesses that exit, or the use of the aisle between the were approved and installed before crew and the passenger compartment. March 6, 1980, may continue to be used; (v) It is not carried directly above and seated passengers. (2) Safety belt and shoulder harness (b) When cargo is carried in cargo restraint systems may be designed to compartments that are designed to re- the inertia load factors established quire the physical entry of a crew- under the certification basis of the air- member to extinguish any fire that plane. may occur during flight, the cargo must be loaded so as to allow a crew- § 91.523 Carry-on baggage. member to effectively reach all parts No pilot in command of an airplane of the compartment with the contents having a seating capacity of more than of a hand fire extinguisher. 19 passengers may permit a passenger to stow baggage aboard that airplane § 91.527 Operating in icing conditions. except— (a) No pilot may take off an airplane (a) In a suitable baggage or cargo that has frost, ice, or snow adhering to storage compartment, or as provided in any propeller, windshield, stabilizing § 91.525; or or control surface; to a powerplant in- (b) Under a passenger seat in such a stallation; or to an airspeed, altimeter, way that it will not slide forward under rate of climb, or flight attitude instru- crash impacts severe enough to induce ment system or wing, except that take- the ultimate inertia forces specified in offs may be made with frost under the § 25.561(b)(3) of this chapter, or the re- wing in the area of the fuel tanks if au- quirements of the regulations under which the airplane was type certifi- thorized by the FAA. cated. Restraining devices must also (b) No pilot may fly under IFR into limit sideward motion of under-seat known or forecast light or moderate baggage and be designed to withstand icing conditions, or under VFR into crash impacts severe enough to induce known light or moderate icing condi- sideward forces specified in § 25.561(b)(3) tions, unless— of this chapter. (1) The aircraft has functioning deic- ing or anti-icing equipment protecting § 91.525 Carriage of cargo. each rotor blade, propeller, windshield, (a) No pilot in command may permit wing, stabilizing or control surface, cargo to be carried in any airplane un- and each airspeed, altimeter, rate of less— climb, or flight attitude instrument (1) It is carried in an approved cargo system; rack, bin, or compartment installed in (2) The airplane has ice protection the airplane; provisions that meet section 34 of Spe- (2) It is secured by means approved cial Federal Aviation Regulation No. by the Administrator; or 23; or

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(3) The airplane meets transport cat- ate the following airplanes without a egory airplane type certification provi- pilot designated as second in command: sions, including the requirements for (1) Any airplane that is type certifi- certification for flight in icing condi- cated for more than one required pilot. tions. (2) Any large airplane. (c) Except for an airplane that has (3) Any commuter category airplane. ice protection provisions that meet the (b) A person may operate the fol- requirements in section 34 of Special lowing airplanes without a pilot des- Federal Aviation Regulation No. 23, or ignated as second in command: those for transport category airplane (1) Any airplane certificated for oper- type certification, no pilot may fly an ation with one pilot. airplane into known or forecast severe (2) A large airplane or turbojet-pow- icing conditions. ered multiengine airplane that holds a (d) If current weather reports and special airworthiness certificate, if: briefing information relied upon by the (i) The airplane was originally de- pilot in command indicate that the signed with only one pilot station; or forecast icing conditions that would (ii) The airplane was originally de- otherwise prohibit the flight will not signed with more than one pilot sta- be encountered during the flight be- tion, but single pilot operations were cause of changed weather conditions permitted by the airplane flight man- since the forecast, the restrictions in ual or were otherwise permitted by a paragraphs (b) and (c) of this section branch of the United States Armed based on forecast conditions do not Forces or the armed forces of a foreign apply. contracting State to the Convention on International Civil Aviation. [Doc. No. 18334, 54 FR 34314, Aug. 18, 1989, as (c) No person may designate a pilot amended by Amdt. 91–310, 74 FR 62696, Dec. 1, to serve as second in command, nor 2009] may any pilot serve as second in com- mand, of an airplane required under § 91.529 Flight engineer requirements. this section to have two pilots unless (a) No person may operate the fol- that pilot meets the qualifications for lowing airplanes without a flight crew- second in command prescribed in § 61.55 member holding a current flight engi- of this chapter. neer certificate: [Docket FAA–2016–6142, Amdt. 91–351, 83 FR (1) An airplane for which a type cer- 30282, June 27, 2018] tificate was issued before January 2, 1964, having a maximum certificated § 91.533 Flight attendant require- takeoff weight of more than 80,000 ments. pounds. (a) No person may operate an air- (2) An airplane type certificated after plane unless at least the following January 1, 1964, for which a flight engi- number of flight attendants are on neer is required by the type certifi- board the airplane: cation requirements. (1) For airplanes having more than 19 (b) No person may serve as a required but less than 51 passengers on board, flight engineer on an airplane unless, one flight attendant. within the preceding 6 calendar (2) For airplanes having more than 50 months, that person has had at least 50 but less than 101 passengers on board, hours of flight time as a flight engineer two flight attendants. on that type airplane or has been (3) For airplanes having more than checked by the Administrator on that 100 passengers on board, two flight at- type airplane and is found to be famil- tendants plus one additional flight at- iar and competent with all essential tendant for each unit (or part of a unit) current information and operating pro- of 50 passengers above 100. cedures. (b) No person may serve as a flight attendant on an airplane when required § 91.531 Second in command require- by paragraph (a) of this section unless ments. that person has demonstrated to the (a) Except as provided in paragraph pilot in command familiarity with the (b) of this section, no person may oper- necessary functions to be performed in

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an emergency or a situation requiring § 91.605 Transport category civil air- emergency evacuation and is capable of plane weight limitations. using the emergency equipment in- (a) No person may take off any trans- stalled on that airplane. port category airplane (other than a turbine-engine-powered airplane cer- § 91.535 Stowage of food, beverage, tificated after September 30, 1958) un- and passenger service equipment less— during aircraft movement on the (1) The takeoff weight does not ex- surface, takeoff, and landing. ceed the authorized maximum takeoff (a) No operator may move an aircraft weight for the elevation of the airport on the surface, take off, or land when of takeoff; any food, beverage, or tableware fur- (2) The elevation of the airport of nished by the operator is located at takeoff is within the altitude range for any passenger seat. which maximum takeoff weights have (b) No operator may move an aircraft been determined; on the surface, take off, or land unless (3) Normal consumption of fuel and oil in flight to the airport of intended each food and beverage tray and seat landing will leave a weight on arrival back tray table is secured in its stowed not in excess of the authorized max- position. imum landing weight for the elevation (c) No operator may permit an air- of that airport; and craft to move on the surface, take off, (4) The elevations of the airport of in- or land unless each passenger serving tended landing and of all specified al- cart is secured in its stowed position. ternate airports are within the altitude (d) No operator may permit an air- range for which the maximum landing craft to move on the surface, take off, weights have been determined. or land unless each movie screen that (b) No person may operate a turbine- extends into the aisle is stowed. engine-powered transport category air- (e) Each passenger shall comply with plane certificated after September 30, instructions given by a crewmember 1958, contrary to the Airplane Flight with regard to compliance with this Manual, or take off that airplane un- section. less— (1) The takeoff weight does not ex- [Doc. No. 26142, 57 FR 42672, Sept. 15, 1992] ceed the takeoff weight specified in the Airplane Flight Manual for the ele- §§ 91.536–91.599 [Reserved] vation of the airport and for the ambi- ent temperature existing at the time of Subpart G—Additional Equipment takeoff; and Operating Requirements (2) Normal consumption of fuel and for Large and Transport Cat- oil in flight to the airport of intended landing and to the alternate airports egory Aircraft will leave a weight on arrival not in ex- cess of the landing weight specified in SOURCE: Docket No. 18334, 54 FR 34318, Aug. the Airplane Flight Manual for the ele- 18, 1989, unless otherwise noted. vation of each of the airports involved and for the ambient temperatures ex- § 91.601 Applicability. pected at the time of landing; This subpart applies to operation of (3) The takeoff weight does not ex- large and transport category U.S.-reg- ceed the weight shown in the Airplane istered civil aircraft. Flight Manual to correspond with the minimum distances required for take- § 91.603 Aural speed warning device. off, considering the elevation of the No person may operate a transport airport, the runway to be used, the ef- fective runway gradient, the ambient category airplane in air commerce un- temperature and wind component at less that airplane is equipped with an the time of takeoff, and, if operating aural speed warning device that com- limitations exist for the minimum dis- plies with § 25.1303(c)(1). tances required for takeoff from wet runways, the runway surface condition

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(dry or wet). Wet runway distances as- for the emergency exit of passengers or sociated with grooved or porous fric- with an occupant-exit configuration tion course runways, if provided in the approved under paragraph (b) or (c) of Airplane Flight Manual, may be used this section. only for runways that are grooved or Maximum num- Corresponding treated with a porous friction course ber of occupants number of exits (PFC) overlay, and that the operator Airplane type including all authorized for determines are designed, constructed, crewmembers passenger use and maintained in a manner acceptable B–307 ...... 61 4 to the Administrator. B–377 ...... 96 9 (4) Where the takeoff distance in- C–46 ...... 67 4 CV–240 ...... 53 6 cludes a clearway, the clearway dis- CV–340 and CV–440 53 6 tance is not greater than one-half of— DC–3 ...... 35 4 (i) The takeoff run, in the case of air- DC–3 (Super) ...... 39 5 DC–4 ...... 86 5 planes certificated after September 30, DC–6 ...... 87 7 1958, and before August 30, 1959; or DC–6B ...... 112 11 (ii) The runway length, in the case of L–18 ...... 17 3 L–049, L–649, L–749 87 7 airplanes certificated after August 29, L–1049 series ...... 96 9 1959. M–202 ...... 53 6 (c) No person may take off a turbine- M–404 ...... 53 7 engine-powered transport category air- Viscount 700 series ... 53 7 plane certificated after August 29, 1959, (b) Occupants in addition to those au- unless, in addition to the requirements thorized under paragraph (a) of this of paragraph (b) of this section— section may be carried as follows: (1) The accelerate-stop distance is no (1) For each additional floor-level greater than the length of the runway exit at least 24 inches wide by 48 inches plus the length of the stopway (if high, with an unobstructed 20-inch- present); and wide access aisleway between the exit (2) The takeoff distance is no greater and the main passenger aisle, 12 addi- than the length of the runway plus the tional occupants. length of the clearway (if present); and (2) For each additional window exit (3) The takeoff run is no greater than located over a wing that meets the re- the length of the runway. quirements of the airworthiness stand- [Doc. No. 18334, 54 FR 34318, Aug. 18, 1989, as ards under which the airplane was type amended by Amdt. 91–256, 63 FR 8321, Feb. 18, certificated or that is large enough to 1998] inscribe an ellipse 19 × 26 inches, eight additional occupants. § 91.607 Emergency exits for airplanes carrying passengers for hire. (3) For each additional window exit that is not located over a wing but that (a) Notwithstanding any other provi- otherwise complies with paragraph sion of this chapter, no person may op- (b)(2) of this section, five additional oc- erate a large airplane (type certificated cupants. under the Civil Air Regulations effec- (4) For each airplane having a ratio tive before April 9, 1957) in passenger- (as computed from the table in para- carrying operations for hire, with more graph (a) of this section) of maximum than the number of occupants— number of occupants to number of (1) Allowed under Civil Air Regula- exits greater than 14:1, and for each tions § 4b.362 (a), (b), and (c) as in effect airplane that does not have at least on December 20, 1951; or one full-size, door-type exit in the side (2) Approved under Special Civil Air of the fuselage in the rear part of the Regulations SR–387, SR–389, SR–389A, cabin, the first additional exit must be or SR–389B, or under this section as in a floor-level exit that complies with effect. paragraph (b)(1) of this section and However, an airplane type listed in the must be located in the rear part of the following table may be operated with cabin on the opposite side of the fuse- up to the listed number of occupants lage from the main entrance door. (including crewmembers) and the cor- However, no person may operate an responding number of exits (including airplane under this section carrying emergency exits and doors) approved more than 115 occupants unless there is

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such an exit on each side of the fuse- (4) Ferry a newly acquired aircraft lage in the rear part of the cabin. from the place where possession of it is (c) No person may eliminate any ap- taken to a place where the flight re- proved exit except in accordance with corder or cockpit voice recorder is to the following: be installed. (1) The previously authorized max- (b) Notwithstanding paragraphs (c) imum number of occupants must be re- and (e) of this section, an operator duced by the same number of addi- other than the holder of an air carrier tional occupants authorized for that or a commercial operator certificate exit under this section. may— (2) Exits must be eliminated in ac- (1) Ferry an aircraft with an inoper- cordance with the following priority ative flight recorder or cockpit voice schedule: First, non-over-wing window recorder from a place where repair or exits; second, over-wing window exits; replacement cannot be made to a place third, floor-level exits located in the where they can be made; forward part of the cabin; and fourth, (2) Continue a flight as originally floor-level exits located in the rear of planned if the flight recorder or cock- the cabin. pit voice recorder becomes inoperative (3) At least one exit must be retained after the aircraft has taken off; on each side of the fuselage regardless (3) Conduct an airworthiness flight of the number of occupants. test during which the flight recorder or (4) No person may remove any exit cockpit voice recorder is turned off to that would result in a ratio of max- test it or to test any communications imum number of occupants to approved or electrical equipment installed in the exits greater than 14:1. aircraft; (d) This section does not relieve any (4) Ferry a newly acquired aircraft person operating under part 121 of this from a place where possession of it was chapter from complying with § 121.291. taken to a place where the flight re- corder or cockpit voice recorder is to § 91.609 Flight data recorders and be installed; or cockpit voice recorders. (5) Operate an aircraft: (a) No holder of an air carrier oper- (i) For not more than 15 days while ating certificate or an operating cer- the flight recorder and/or cockpit voice tificate may conduct any operation recorder is inoperative and/or removed under this part with an aircraft listed for repair provided that the aircraft in the holder’s operations specifica- maintenance records contain an entry tions or current list of aircraft used in that indicates the date of failure, and a air transportation unless that aircraft placard is located in view of the pilot complies with any applicable flight re- to show that the flight recorder or corder and cockpit voice recorder re- cockpit voice recorder is inoperative. quirements of the part under which its (ii) For not more than an additional certificate is issued except that the op- 15 days, provided that the requirements erator may— in paragraph (b)(5)(i) are met and that (1) Ferry an aircraft with an inoper- a certificated pilot, or a certificated ative flight recorder or cockpit voice person authorized to return an aircraft recorder from a place where repair or to service under § 43.7 of this chapter, replacement cannot be made to a place certifies in the aircraft maintenance where they can be made; records that additional time is required (2) Continue a flight as originally to complete repairs or obtain a replace- planned, if the flight recorder or cock- ment unit. pit voice recorder becomes inoperative (c)(1) No person may operate a U.S. after the aircraft has taken off; civil registered, multiengine, turbine- (3) Conduct an airworthiness flight powered airplane or rotorcraft having a test during which the flight recorder or passenger seating configuration, ex- cockpit voice recorder is turned off to cluding any pilot seats of 10 or more test it or to test any communications that has been manufactured after Octo- or electrical equipment installed in the ber 11, 1991, unless it is equipped with aircraft; or one or more approved flight recorders

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that utilize a digital method of record- completion of the final checklist at the ing and storing data and a method of end of the flight. readily retrieving that data from the (f) In complying with this section, an storage medium, that are capable of re- approved cockpit voice recorder having cording the data specified in appendix an erasure feature may be used, so that E to this part, for an airplane, or ap- at any time during the operation of the pendix F to this part, for a rotorcraft, recorder, information recorded more of this part within the range, accuracy, than 15 minutes earlier may be erased and recording interval specified, and or otherwise obliterated. that are capable of retaining no less (g) In the event of an accident or oc- than 8 hours of aircraft operation. currence requiring immediate notifica- (2) All airplanes subject to paragraph tion to the National Transportation (c)(1) of this section that are manufac- Safety Board under part 830 of its regu- tured before April 7, 2010, by April 7, lations that results in the termination 2012, must meet the requirements of of the flight, any operator who has in- § 23.1459(a)(7) or § 25.1459(a)(8) of this stalled approved flight recorders and chapter, as applicable. approved cockpit voice recorders shall (3) All airplanes and rotorcraft sub- keep the recorded information for at ject to paragraph (c)(1) of this section least 60 days or, if requested by the Ad- that are manufactured on or after ministrator or the Board, for a longer April 7, 2010, must meet the flight data period. Information obtained from the recorder requirements of § 23.1459, record is used to assist in determining § 25.1459, § 27.1459, or § 29.1459 of this the cause of accidents or occurrences chapter, as applicable, and retain at in connection with the investigation least the last 25 hours of recorded in- under part 830. The Administrator does formation using a recorder that meets not use the cockpit voice recorder the standards of TSO–C124a, or later re- record in any civil penalty or certifi- vision. cate action. (d) Whenever a flight recorder, re- (h) All airplanes required by this sec- quired by this section, is installed, it tion to have a cockpit voice recorder must be operated continuously from and a flight data recorder, that are the instant the airplane begins the manufactured before April 7, 2010, must takeoff roll or the rotorcraft begins by April 7, 2012, have a cockpit voice lift-off until the airplane has com- recorder that also— pleted the landing roll or the rotorcraft (1) Meets the requirements of has landed at its destination. § 23.1457(d)(6) or § 25.1457(d)(6) of this (e) Unless otherwise authorized by chapter, as applicable; and the Administrator, after October 11, (2) If transport category, meets the 1991, no person may operate a U.S. civil requirements of § 25.1457(a)(3), (a)(4), registered multiengine, turbine-pow- and (a)(5) of this chapter. ered airplane or rotorcraft having a (i) All airplanes or rotorcraft re- passenger seating configuration of six quired by this section to have a cockpit passengers or more and for which two voice recorder and flight data recorder, pilots are required by type certifi- that are manufactured on or after cation or operating rule unless it is April 7, 2010, must have a cockpit voice equipped with an approved cockpit recorder installed that also— voice recorder that: (1) Is installed in accordance with the (1) Is installed in compliance with requirements of § 23.1457 (except for § 23.1457(a)(1) and (2), (b), (c), (d)(1)(i), paragraphs (a)(6) and (d)(5)); § 25.1457 (2) and (3), (e), (f), and (g); § 25.1457(a)(1) (except for paragraphs (a)(6) and (d)(5)); and (2), (b), (c), (d)(1)(i), (2) and (3), (e), § 27.1457 (except for paragraphs (a)(6) (f), and (g); § 27.1457(a)(1) and (2), (b), and (d)(5)); or § 29.1457 (except for para- (c), (d)(1)(i), (2) and (3), (e), (f), and (g); graphs (a)(6) and (d)(5)) of this chapter, or § 29.1457(a)(1) and (2), (b), (c), (d)(1)(i), as applicable; and (2) and (3), (e), (f), and (g) of this chap- (2) Retains at least the last 2 hours of ter, as applicable; and recorded information using a recorder (2) Is operated continuously from the that meets the standards of TSO–C123a, use of the checklist before the flight to or later revision.

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(3) For all airplanes or rotorcraft (i) Maximum weight. manufactured on or after April 6, 2012, (ii) Center of gravity limits. also meets the requirements of (iii) Configuration of the inoperative § 23.1457(a)(6) and (d)(5); § 25.1457(a)(6) propeller (if applicable). and (d)(5); § 27.1457(a)(6) and (d)(5); or (iv) Runway length for takeoff (in- § 29.1457(a)(6) and (d)(5) of this chapter, cluding temperature accountability). as applicable. (v) Altitude range. (j) All airplanes or rotorcraft re- (vi) Certificate limitations. quired by this section to have a cockpit (vii) Ranges of operational limits. voice recorder and a flight data re- (viii) Performance information. corder, that install datalink commu- (ix) Operating procedures. nication equipment on or after April 6, (3) The operator has FAA approved 2012, must record all datalink messages procedures for the safe operation of the as required by the certification rule ap- airplane, including specific require- plicable to the aircraft. ments for— (k) An aircraft operated under this (i) Limiting the operating weight on part under deviation authority from any ferry flight to the minimum nec- part 125 of this chapter must comply essary for the flight plus the necessary with all of the applicable flight data reserve fuel load; recorder requirements of part 125 appli- (ii) A limitation that takeoffs must cable to the aircraft, notwithstanding be made from dry runways unless, such deviation authority. based on a showing of actual operating takeoff techniques on wet runways [Doc. No. 18334, 54 FR 34318, Aug. 18, 1989, as with one engine inoperative, takeoffs amended by Amdt. 91–226, 56 FR 51621, Oct. 11, 1991; Amdt. 91–228, 57 FR 19353, May 5, with full controllability from wet run- 1992; Amdt. 91–300, 73 FR 12564, Mar. 7, 2008; ways have been approved for the spe- Amdt. 91–304, 73 FR 73178, Dec. 2, 2008; Amdt. cific model aircraft and included in the 91–300, 74 FR 32800, July 9, 2009; Amdt. 91–313, Airplane Flight Manual: 75 FR 17045, Apr. 5, 2010] (iii) Operations from airports where the runways may require a takeoff or § 91.611 Authorization for ferry flight approach over populated areas; and with one engine inoperative. (iv) Inspection procedures for deter- (a) General. The holder of an air car- mining the operating condition of the rier operating certificate or an oper- operative engines. ating certificate issued under part 125 (4) No person may take off an air- may conduct a ferry flight of a four-en- plane under this section if— gine airplane or a turbine-engine-pow- (i) The initial climb is over thickly ered airplane equipped with three en- populated areas; or gines, with one engine inoperative, to a (ii) Weather conditions at the takeoff base for the purpose of repairing that or destination airport are less than engine subject to the following: those required for VFR flight. (1) The airplane model has been test (5) Persons other than required flight flown and found satisfactory for safe crewmembers shall not be carried dur- flight in accordance with paragraph (b) ing the flight. or (c) of this section, as appropriate. (6) No person may use a flight crew- However, each operator who before No- member for flight under this section vember 19, 1966, has shown that a model unless that crewmember is thoroughly of airplane with an engine inoperative familiar with the operating procedures is satisfactory for safe flight by a test for one-engine inoperative ferry flight flight conducted in accordance with contained in the certificate holder’s performance data contained in the ap- manual and the limitations and per- plicable Airplane Flight Manual under formance information in the Airplane paragraph (a)(2) of this section need Flight Manual. not repeat the test flight for that (b) Flight tests: reciprocating-engine- model. powered airplanes. The airplane per- (2) The approved Airplane Flight formance of a reciprocating-engine- Manual contains the following per- powered airplane with one engine inop- formance data and the flight is con- erative must be determined by flight ducted in accordance with that data: test as follows:

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(1) A speed not less than 1.3 VS1 must lected for type certification as set be chosen at which the airplane may be forth in § 25.101 of this chapter. controlled satisfactorily in a climb (2) The minimum takeoff field length with the critical engine inoperative must be the horizontal distance re- (with its propeller removed or in a con- quired to accelerate and climb to the figuration desired by the operator and 35-foot height at V2 speed (including with all other engines operating at the any additional speed increment ob- maximum power determined in para- tained in the tests) multiplied by 115 graph (b)(3) of this section. percent and determined with— (2) The distance required to accel- (i) The landing gear extended; erate to the speed listed in paragraph (ii) The critical engine inoperative (b)(1) of this section and to climb to 50 and its propeller removed or in a con- feet must be determined with— figuration desired by the operator (if (i) The landing gear extended; applicable); and (ii) The critical engine inoperative (iii) The other engine operating at and its propeller removed or in a con- not more than the power selected for figuration desired by the operator; and type certification as set forth in § 25.101 (iii) The other engines operating at of this chapter. not more than maximum power estab- (3) The takeoff, flight, and landing lished under paragraph (b)(3) of this procedures such as the approximate section. trim setting, method of power applica- (3) The takeoff, flight and landing tion, maximum power, and speed must procedures, such as the approximate be established. The airplane must be trim settings, method of power applica- satisfactorily controllable during the tion, maximum power, and speed must entire takeoff run when operated ac- be established. cording to these procedures. (4) The performance must be deter- (4) The performance must be deter- mined at a maximum weight not great- mined at a maximum weight not great- er than the weight that allows a rate of er than the weight determined under climb of at least 400 feet per minute in § 25.121(c) of this chapter but with— the en route configuration set forth in (i) The actual steady gradient of the § 25.67(d) of this chapter in effect on final takeoff climb requirement not January 31, 1977, at an altitude of 5,000 less than 1.2 percent at the end of the feet. takeoff path with two critical engines inoperative; and (5) The performance must be deter- mined using temperature account- (ii) The climb speed not less than the ability for the takeoff field length, two-engine inoperative trim speed for computed in accordance with § 25.61 of the actual steady gradient of the final this chapter in effect on January 31, takeoff climb prescribed by paragraph 1977. (c)(4)(i) of this section. (5) The airplane must be satisfac- (c) Flight tests: Turbine-engine-powered torily controllable in a climb with two airplanes. The airplane performance of critical engines inoperative. Climb per- a turbine-engine-powered airplane with formance may be shown by calcula- one engine inoperative must be deter- tions based on, and equal in accuracy mined by flight tests, including at to, the results of testing. least three takeoff tests, in accordance with the following: (6) The performance must be deter- mined using temperature account- (1) Takeoff speeds V and V , not less R 2 ability for takeoff distance and final than the corresponding speeds under takeoff climb computed in accordance which the airplane was type certifi- with § 25.101 of this chapter. cated under § 25.107 of this chapter, must be chosen at which the airplane For the purpose of paragraphs (c)(4) may be controlled satisfactorily with and (5) of this section, two critical en- the critical engine inoperative (with gines means two adjacent engines on its propeller removed or in a configura- one side of an airplane with four en- tion desired by the operator, if applica- gines, and the center engine and one ble) and with all other engines oper- outboard engine on an airplane with ating at not more than the power se- three engines.

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§ 91.613 Materials for compartment in- (b) Section 91.702 of this subpart also teriors. applies to each person on board an air- (a) No person may operate an air- craft operated as follows: plane that conforms to an amended or (1) A U.S. registered civil aircraft op- supplemental type certificate issued in erated outside the United States; accordance with SFAR No. 41 for a (2) Any aircraft operated outside the maximum certificated takeoff weight United States— in excess of 12,500 pounds unless within (i) That has its next scheduled des- 1 year after issuance of the initial air- tination or last place of departure in worthiness certificate under that the United States if the aircraft next SFAR the airplane meets the compart- lands in the United States; or ment interior requirements set forth in (ii) If the aircraft lands in the United § 25.853 (a), (b), (b–1), (b–2), and (b–3) of States with the individual still on the this chapter in effect on September 26, aircraft regardless of whether it was a 1978. scheduled or otherwise planned landing (b) Thermal/acoustic insulation ma- site. terials. For transport category air- planes type certificated after January [Doc. No. FAA–1998–4954, 64 FR 1079, Jan. 7, 1, 1958: 1999] (1) For airplanes manufactured before September 2, 2005, when thermal/acous- § 91.702 Persons on board. tic insulation is installed in the fuse- Section 91.11 of this part (Prohibi- lage as replacements after September tions on interference with crew- 2, 2005, the insulation must meet the members) applies to each person on flame propagation requirements of board an aircraft. § 25.856 of this chapter, effective Sep- tember 2, 2003, if it is: [Doc. No. FAA–1998–4954, 64 FR 1079, Jan. 7, (i) Of a blanket construction or 1999] (ii) Installed around air ducting. (2) For airplanes manufactured after § 91.703 Operations of civil aircraft of September 2, 2005, thermal/acoustic in- U.S. registry outside of the United States. sulation materials installed in the fu- selage must meet the flame propaga- (a) Each person operating a civil air- tion requirements of § 25.856 of this craft of U.S. registry outside of the chapter, effective September 2, 2003. United States shall— [Doc. No. 18334, 54 FR 34318, Aug. 18, 1989, as (1) When over the high seas, comply amended by Amdt. 91–279, 68 FR 45083, July with Annex 2 (Rules of the Air) to the 31, 2003; Amdt. 91–290, 70 FR 77752, Dec. 30, Convention on International Civil 2005] Aviation and with §§ 91.117(c), 91.127, 91.129, and 91.131; §§ 91.615–91.699 [Reserved] (2) When within a foreign country, comply with the regulations relating Subpart H—Foreign Aircraft Oper- to the flight and maneuver of aircraft ations and Operations of U.S.- there in force; Registered Civil Aircraft Out- (3) Except for §§ 91.117(a), 91.307(b), side of the United States; and 91.309, 91.323, and 91.711, comply with Rules Governing Persons on this part so far as it is not inconsistent Board Such Aircraft with applicable regulations of the for- eign country where the aircraft is oper-

SOURCE: Docket No. 18334, 54 FR 34320, Aug. ated or Annex 2 of the Convention on 18, 1989, unless otherwise noted. International Civil Aviation; and (4) When operating within airspace § 91.701 Applicability. designated as Reduced Vertical Separa- (a) This subpart applies to the oper- tion Minimum (RVSM) airspace, com- ations of civil aircraft of U.S. registry ply with § 91.706. outside of the United States and the (5) For aircraft subject to ICAO operations of foreign civil aircraft Annex 16, carry on board the aircraft within the United States. documents that summarize the noise

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operating characteristics and certifi- Vertical Separation Minimum (RVSM) cations of the aircraft that dem- airspace unless: onstrate compliance with this part and (1) The operator and the operator’s part 36 of this chapter. aircraft comply with the requirements (b) Annex 2 to the Convention on of appendix G of this part; and International Civil Aviation, Rules of (2) The operator is authorized by the the Air, Tenth Edition—July 2005, with Administrator to conduct such oper- Amendments through Amendment 45, ations. applicable November 10, 2016, is incor- (b) The Administrator may authorize porated by reference into this section a deviation from the requirements of with the approval of the Director of the this section in accordance with Section Federal Register under 5 U.S.C. 552(a) 5 of appendix G to this part. and 1 CFR part 51. To enforce any edi- tion other than that specified in this [Doc. No. 28870, 62 FR 17487, Apr. 9, 1997] section, the FAA must publish a docu- ment in the FEDERAL REGISTER and the § 91.707 Flights between Mexico or material must be available to the pub- Canada and the United States. lic. All approved material is available Unless otherwise authorized by ATC, for inspection at U.S. Department of no person may operate a civil aircraft Transportation, Docket Operations, between Mexico or Canada and the West Building Ground Floor, Room United States without filing an IFR or W12–140, 1200 Avenue SE., VFR flight plan, as appropriate. Washington, DC 20590 and is available from the International Civil Aviation § 91.709 Operations to Cuba. Organization (ICAO), Marketing and Customer Relations Unit, 999 Robert No person may operate a civil air- Bourassa Boulevard, Montreal, Quebec craft from the United States to Cuba H3C 5H7, Canada; http://store1.icao.int/; unless— or by contacting the ICAO Marketing (a) Departure is from an inter- and Customer Relations Unit by tele- national airport of entry designated in phone at 514–954–8022 or by email at § 6.13 of the Air Commerce Regulations [email protected]. For questions about of the Bureau of Customs (19 CFR 6.13); ICAO Annex 2, contact the FAA’s Of- and fice of International Affairs at (202) (b) In the case of departure from any 267–1000. It is also available for inspec- of the 48 contiguous States or the Dis- tion at the National Archives and trict of Columbia, the pilot in com- Records Administration (NARA). For mand of the aircraft has filed— information on the availability of this (1) A DVFR or IFR flight plan as pre- material at NARA, call 202–741–6030, or scribed in § 99.11 or § 99.13 of this chap- go to http://www.archives.gov/fed- ter; and erallregister/ (2) A written statement, within 1 codeloflfederallregulations/ hour before departure, with the Office ibrllocations.html. of Immigration and Naturalization [Doc. No. 18834, 54 FR 34320, Aug. 18, 1989, as Service at the airport of departure, amended by Amdt. 91–227, 56 FR 65661, Dec. containing— 17, 1991; Amdt. 91–254, 62 FR 17487, Apr. 9, (i) All information in the flight plan; 1997; 69 FR 18803, Apr. 9, 2004; Amdt. 91–299, 73 (ii) The name of each occupant of the FR 10143, Feb. 26, 2008; Amdt. 91–312, 75 FR aircraft; 9333, Mar. 2, 2010; Docket FAA–2016–9154, Amdt. 91–348, 82 FR 39664, Aug. 22, 2017] (iii) The number of occupants of the aircraft; and § 91.705 [Reserved] (iv) A description of the cargo, if any. § 91.706 Operations within airspace This section does not apply to the oper- designed as Reduced Vertical Sepa- ation of aircraft by a scheduled air car- ration Minimum Airspace. rier over routes authorized in oper- (a) Except as provided in paragraph ations specifications issued by the Ad- (b) of this section, no person may oper- ministrator. ate a civil aircraft of U.S. registry in (Approved by the Office of Management and airspace designated as Reduced Budget under control number 2120–0005)

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§ 91.711 Special rules for foreign civil diately and may then continue oper- aircraft. ations at and above FL 240 to the next (a) General. In addition to the other airport of intended landing where re- applicable regulations of this part, pairs or replacement of the equipment each person operating a foreign civil can be made. A foreign civil aircraft aircraft within the United States shall may be operated within the 50 States comply with this section. and the District of Columbia at or (b) VFR. No person may conduct VFR above FL 240 without DME or an RNAV operations which require two-way system when operated for the following radio communications under this part purposes, and ATC is notified before unless at least one crewmember of that each takeoff: aircraft is able to conduct two-way (1) Ferry flights to and from a place radio communications in the English in the United States where repairs or language and is on duty during that op- alterations are to be made. eration. (2) Ferry flights to a new country of (c) IFR. No person may operate a for- registry. eign civil aircraft under IFR unless— (3) Flight of a new aircraft of U.S. (1) That aircraft is equipped with— manufacture for the purpose of— (i) Radio equipment allowing two- (i) Flight testing the aircraft; way radio communication with ATC (ii) Training foreign flight crews in when it is operated in controlled air- the operation of the aircraft; or space; and (iii) Ferrying the aircraft for export (ii) Navigation equipment suitable delivery outside the United States. for the route to be flown. (4) Ferry, demonstration, and test (2) Each person piloting the air- flight of an aircraft brought to the craft— United States for the purpose of dem- (i) Holds a current United States in- onstration or testing the whole or any strument rating or is authorized by his part thereof. foreign airman certificate to pilot under IFR; and [Doc. No. 18834, 54 FR 34320, Aug. 18, 1989, as (ii) Is thoroughly familiar with the amended by Amdt. 91–227, 56 FR 65661, Dec. United States en route, holding, and 17, 1991; Amdt. 91–296, 72 FR 31679, June 7, letdown procedures; and 2007] (3) At least one crewmember of that aircraft is able to conduct two-way ra- § 91.713 Operation of civil aircraft of Cuban registry. diotelephone communications in the English language and that crewmember No person may operate a civil air- is on duty while the aircraft is ap- craft of Cuban registry except in con- proaching, operating within, or leaving trolled airspace and in accordance with the United States. air traffic clearance or air traffic con- (d) Over water. Each person operating trol instructions that may require use a foreign civil aircraft over water off of specific airways or routes and land- the shores of the United States shall ings at specific airports. give flight notification or file a flight plan in accordance with the Supple- § 91.715 Special flight authorizations mentary Procedures for the ICAO re- for foreign civil aircraft. gion concerned. (a) Foreign civil aircraft may be op- (e) Flight at and above FL 240. If VOR erated without airworthiness certifi- navigation equipment is required under cates required under § 91.203 if a special paragraph (c)(1)(ii) of this section, no flight authorization for that operation person may operate a foreign civil air- is issued under this section. Applica- craft within the 50 States and the Dis- tion for a special flight authorization trict of Columbia at or above FL 240, must be made to the appropriate Flight unless the aircraft is equipped with ap- Standards Division Manager, or Air- proved DME or a suitable RNAV sys- craft Certification Service Division Di- tem. When the DME or RNAV system rector. However, in the case of an air- required by this paragraph fails at and craft to be operated in the U.S. for the above FL 240, the pilot in command of purpose of demonstration at an air- the aircraft must notify ATC imme- show, the application may be made to

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the appropriate Flight Standards Divi- 125, and 135, but not to those operating sion Manager or Aircraft Certification under part 129 of this chapter. Service Division Director responsible (3) Sections 91.803, 91.819, and 91.821 for the airshow location. apply to U.S.-registered civil super- (b) The Administrator may issue a sonic airplanes having standard air- special flight authorization for a for- worthiness certificates and to foreign- eign civil aircraft subject to any condi- registered civil supersonic airplanes tions and limitations that the Admin- that, if registered in the United States, istrator considers necessary for safe would be required by this chapter to operation in the U.S. airspace. have U.S. standard airworthiness cer- (c) No person may operate a foreign tificates in order to conduct the oper- civil aircraft under a special flight au- ations intended for the airplane. Those thorization unless that operation also sections apply to operations under this complies with part 375 of the Special part and under parts 121, 125, 129, and Regulations of the Department of 135 of this chapter. Transportation (14 CFR part 375). (b) Unless otherwise specified, as (Approved by the Office of Management and used in this subpart ‘‘part 36’’ refers to Budget under control number 2120–0005) 14 CFR part 36, including the noise lev- els under appendix C of that part, not- [Doc. No. 18334, 54 FR 34320, Aug. 18, 1989, as amended by Amdt. 91–212, 54 FR 39293, Sept. withstanding the provisions of that 25, 1989; Docket FAA–2018–0119, Amdt. 91–350, part excepting certain airplanes from 83 FR 9171, Mar. 5, 2018] the specified noise requirements. For purposes of this subpart, the various §§ 91.717–91.799 [Reserved] stages of noise levels, the terms used to describe airplanes with respect to those Subpart I—Operating Noise Limits levels, and the terms ‘‘subsonic air- plane’’ and ‘‘supersonic airplane’’ have SOURCE: Docket No. 18334, 54 FR 34321, Aug. the meanings specified under part 36 of 18, 1989, unless otherwise noted. this chapter. For purposes of this sub- part, for subsonic airplanes operated in § 91.801 Applicability: Relation to part foreign air commerce in the United 36. States, the Administrator may accept (a) This subpart prescribes operating compliance with the noise require- noise limits and related requirements ments under annex 16 of the Inter- that apply, as follows, to the operation national Civil Aviation Organization of civil aircraft in the United States. when those requirements have been (1) Sections 91.803, 91.805, 91.807, shown to be substantially compatible 91.809, and 91.811 apply to civil subsonic with, and achieve results equivalent to jet (turbojet) airplanes with maximum those achievable under, part 36 for that weights of more than 75,000 pounds airplane. Determinations made under and— these provisions are subject to the lim- (i) If U.S. registered, that have stand- itations of § 36.5 of this chapter as if ard airworthiness certificates; or those noise levels were part 36 noise (ii) If foreign registered, that would levels. be required by this chapter to have a (c) Sections 91.851 through 91.877 of U.S. standard airworthiness certificate this subpart prescribe operating noise in order to conduct the operations in- limits and related requirements that tended for the airplane were it reg- apply to any civil subsonic jet (tur- istered in the United States. Those sec- bojet) airplane (for which an airworthi- tions apply to operations to or from ness certificate other than an experi- airports in the United States under mental certificate has been issued by this part and parts 121, 125, 129, and 135 the Administrator) with a maximum of this chapter. certificated takeoff weight of more (2) Section 91.813 applies to U.S. oper- than 75,000 pounds operating to or from ators of civil subsonic jet (turbojet) an airport in the 48 contiguous United airplanes covered by this subpart. This States and the District of Columbia section applies to operators operating under this part, parts 121, 125, 129, or to or from airports in the United 135 of this chapter on and after Sep- States under this part and parts 121, tember 25, 1991.

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(d) Section 91.877 prescribes reporting under this part or part 121, 129, or 135 of requirements that apply to any civil this chapter, the requirements of subsonic jet (turbojet) airplane with a §§ 91.819 and 91.821 of this subpart apply. maximum weight of more than 75,000 (d) For each airplane required to op- pounds operated by an air carrier or erate under part 125 for which a devi- foreign air carrier between the contig- ation under that part is approved to uous United States and the State of operate, in whole or in part, under this Hawaii, between the State of Hawaii part or part 121, 129, or 135 of this chap- and any point outside of the 48 contig- ter, notwithstanding the approval, the uous United States, or between the is- requirements prescribed under para- lands of Hawaii in turnaround service, graphs (a), (b), and (c) of this section under part 121 or 129 of this chapter on continue to apply. or after November 5, 1990. (e) Sections 91.881 through 91.883 of [Doc. No. 18334, 54 FR 34321, Aug. 18, 1989, as this subpart prescribe operating noise amended by Amdt. 91–276, 67 FR 46571, July 15, 2002] limits and related requirements that apply to any civil subsonic jet airplane § 91.805 Final compliance: Subsonic with a maximum takeoff weight of airplanes. 75,000 pounds or less and for which an airworthiness certificate (other than Except as provided in §§ 91.809 and an experimental certificate) has been 91.811, on and after January 1, 1985, no issued, operating to or from an airport person may operate to or from an air- in the contiguous United States under port in the United States any subsonic this part, part 121, 125, 129, or 135 of airplane covered by this subpart unless this chapter on and after December 31, that airplane has been shown to com- 2015. ply with Stage 2 or Stage 3 noise levels under part 36 of this chapter. [Doc. No. 18334, 54 FR 34321, Aug. 18, 1989; Amdt. 91–211, 54 FR 41211, Oct. 5, 1989, as §§ 91.807–91.813 [Reserved] amended by Amdt. 91–225, 56 FR 48658, Sept. 25, 1991; Amdt. 91–252, 61 FR 66185, Dec. 16, § 91.815 Agricultural and fire fighting 1996; Amdt. 91–275, 67 FR 45237, July 8, 2002; airplanes: Noise operating limita- Amdt. 91–276, 67 FR 46571, July 15, 2002; tions. Amdt. 91–328, 78 FR 39583, July 2, 2013] (a) This section applies to propeller- § 91.803 Part 125 operators: Designa- driven, small airplanes having standard tion of applicable regulations. airworthiness certificates that are de- For airplanes covered by this subpart signed for ‘‘agricultural aircraft oper- and operated under part 125 of this ations’’ (as defined in § 137.3 of this chapter, the following regulations chapter, as effective on January 1, 1966) apply as specified: or for dispensing fire fighting mate- (a) For each airplane operation to rials. which requirements prescribed under (b) If the Airplane Flight Manual, or this subpart applied before November other approved manual material infor- 29, 1980, those requirements of this sub- mation, markings, or placards for the part continue to apply. airplane indicate that the airplane has (b) For each subsonic airplane oper- not been shown to comply with the ation to which requirements prescribed noise limits under part 36 of this chap- under this subpart did not apply before ter, no person may operate that air- November 29, 1980, because the airplane plane, except— was not operated in the United States (1) To the extent necessary to accom- under this part or part 121, 129, or 135 of plish the work activity directly associ- this chapter, the requirements pre- ated with the purpose for which it is scribed under § 91.805 of this subpart designed; apply. (2) To provide flight crewmember (c) For each supersonic airplane oper- training in the special purpose oper- ation to which requirements prescribed ation for which the airplane is de- under this subpart did not apply before signed; and November 29, 1980, because the airplane (3) To conduct ‘‘nondispensing aerial was not operated in the United States work operations’’ in accordance with

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the requirements under § 137.29(c) of ing after 10 p.m. and before 7 a.m. local this chapter. time.

§ 91.817 Civil aircraft sonic boom. § 91.821 Civil supersonic airplanes: (a) No person may operate a civil air- Noise limits. craft in the United States at a true Except for Concorde airplanes having flight Mach number greater than 1 ex- flight time before January 1, 1980, no cept in compliance with conditions and person may operate in the United limitations in an authorization to ex- States, a civil supersonic airplane that ceed Mach 1 issued to the operator does not comply with Stage 2 noise under appendix B of this part. limits of part 36 in effect on October 13, (b) In addition, no person may oper- 1977, using applicable trade-off provi- ate a civil aircraft for which the max- sions. imum operating limit speed MM0 ex- ceeds a Mach number of 1, to or from §§ 91.823–91.849 [Reserved] an airport in the United States, un- less— § 91.851 Definitions. (1) Information available to the For the purposes of §§ 91.851 through flight crew includes flight limitations that ensure that flights entering or 91.877 of this subpart: leaving the United States will not Chapter 4 noise level means a noise cause a sonic boom to reach the surface level at or below the maximum noise within the United States; and level prescribed in Chapter 4, Para- (2) The operator complies with the graph 4.4, Maximum Noise Levels, of flight limitations prescribed in para- the International Civil Aviation Orga- graph (b)(1) of this section or complies nization (ICAO) Annex 16, Volume I, with conditions and limitations in an Amendment 7, effective March 21, 2002. authorization to exceed Mach 1 issued The Director of the Federal Register in under appendix B of this part. accordance with 5 U.S.C. 552(a) and 1 CFR part 51 approved the incorporation (Approved by the Office of Management and by reference of this document, which Budget under control number 2120–0005) can be obtained from the International § 91.819 Civil supersonic airplanes that Civil Aviation Organization (ICAO), do not comply with part 36. Document Sales Unit, 999 University (a) Applicability. This section applies Street, Montreal, Quebec H3C 5H7, Can- to civil supersonic airplanes that have ada. Also, you may obtain documents not been shown to comply with the on the Internet at http://www.ICAO.int/ Stage 2 noise limits of part 36 in effect eshop/index.cfm. Copies may be reviewed on October 13, 1977, using applicable at the U.S. Department of Transpor- trade-off provisions, and that are oper- tation, Docket Operations, West Build- ated in the United States, after July ing Ground Floor, Room W12–140, 1200 31, 1978. New Jersey Avenue, SE., Washington, (b) Airport use. Except in an emer- DC 20590 or at the National Archives gency, the following apply to each per- and Records Administration (NARA). son who operates a civil supersonic air- For information on the availability of plane to or from an airport in the this material at NARA, call 202–741– United States: 6030, or go to: http://www.archives.gov/ (1) Regardless of whether a type de- federallregister/ sign change approval is applied for codeloflfederallregulations/ under part 21 of this chapter, no person ibrllocations.html. may land or take off an airplane cov- Contiguous United States means the ered by this section for which the type area encompassed by the 48 contiguous design is changed, after July 31, 1978, in United States and the District of Co- a manner constituting an ‘‘acoustical lumbia. change’’ under § 21.93 unless the acous- Fleet means those civil subsonic jet tical change requirements of part 36 (turbojet) airplanes with a maximum are complied with. certificated weight of more than 75,000 (2) No flight may be scheduled, or pounds that are listed on an operator’s otherwise planned, for takeoff or land- operations specifications as eligible for

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operation in the contiguous United of this chapter. A Stage 5 airplane States. complies with all of the noise oper- Import means a change in ownership ating rules of this part. of an airplane from a non-U.S. person Stage 5 noise level means a noise level to a U.S. person when the airplane is at or below the Stage 5 noise limit pre- brought into the United States for op- scribed in part 36 of this chapter. eration. [Doc. No. 26433, 56 FR 48658, Sept. 25, 1991, as Operations specifications means an amended by Amdt. 91–252, 61 FR 66185, Dec. enumeration of airplanes by type, 16, 1996; Amdt. 91–275, 67 FR 45237, July 8, model, series, and serial number oper- 2002; Amdt. 91–288, 70 FR 38749, July 5, 2005; 72 ated by the operator or foreign air car- FR 68475, Dec. 5, 2007; Docket FAA–2015–3782, rier on a given day, regardless of how Amdt. 91–349, 82 FR 46132, Oct. 4, 2017] or whether such airplanes are formally listed or designated by the operator. § 91.853 Final compliance: Civil sub- sonic airplanes. Owner means any person that has in- dicia of ownership sufficient to register Except as provided in § 91.873, after the airplane in the United States pur- December 31, 1999, no person shall oper- suant to part 47 of this chapter. ate to or from any airport in the con- New entrant means an air carrier or tiguous United States any airplane foreign air carrier that, on or before subject to § 91.801(c), unless that air- November 5, 1990, did not conduct oper- plane has been shown to comply with ations under part 121 or 129 of this Stage 3, Stage 4, or Stage 5 noise lev- chapter using an airplane covered by els. this subpart to or from any airport in [Docket FAA–2015–3782, Amdt. 91–349, 82 FR the contiguous United States, but that 46132, Oct. 4, 2017] initiates such operation after that date. § 91.855 Entry and nonaddition rule. Stage 2 noise levels mean the require- No person may operate any airplane ments for Stage 2 noise levels as de- subject to § 91.801(c) of this subpart to fined in part 36 of this chapter in effect or from an airport in the contiguous on November 5, 1990. United States unless one or more of the Stage 3 noise levels mean the require- following apply: ments for Stage 3 noise levels as de- (a) The airplane complies with Stage fined in part 36 of this chapter in effect 3, Stage 4, or Stage 5 noise levels. on November 5, 1990. (b) The airplane complies with Stage Stage 4 noise level means a noise level 2 noise levels and was owned by a U.S. at or below the Stage 4 noise limit pre- person on and since November 5, 1990. scribed in part 36 of this chapter. Stage 2 airplanes that meet these cri- Stage 2 airplane means a civil sub- teria and are leased to foreign airlines sonic jet (turbojet) airplane with a are also subject to the return provi- maximum certificated weight of 75,000 sions of paragraph (e) of this section. pounds or more that complies with (c) The airplane complies with Stage Stage 2 noise levels as defined in part 2 noise levels, is owned by a non-U.S. 36 of this chapter. person, and is the subject of a binding Stage 3 airplane means a civil sub- lease to a U.S. person effective before sonic jet (turbojet) airplane with a and on September 25, 1991. Any such maximum certificated weight of 75,000 airplane may be operated for the term pounds or more that complies with of the lease in effect on that date, and Stage 3 noise levels as defined in part any extensions thereof provided for in 36 of this chapter. that lease. Stage 4 airplane means an airplane (d) The airplane complies with Stage that has been shown not to exceed the 2 noise levels and is operated by a for- Stage 4 noise limit prescribed in part 36 eign air carrier. of this chapter. A Stage 4 airplane (e) The airplane complies with Stage complies with all of the noise oper- 2 noise levels and is operated by a for- ating rules of this part. eign operator other than for the pur- Stage 5 airplane means an airplane pose of foreign air commerce. that has been shown not to exceed the (f) The airplane complies with Stage Stage 5 noise limit prescribed in part 36 2 noise levels and—

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(1) On November 5, 1990, was owned (3) Obtain scheduled heavy mainte- by: nance or significant modifications; (i) A corporation, trust, or partner- (4) Deliver the airplane to a lessee or ship organized under the laws of the return it to a lessor; United States or any State (including (5) Park or store the airplane; and individual States, territories, posses- (6) Prepare the airplane for any of sions, and the District of Columbia); the purposes listed in paragraph (a)(1) (ii) An individual who is a citizen of thru (a)(5) of this section. the United States; or (b) An operator of a Stage 2 airplane (iii) An entity owned or controlled by that needs to operate in the contiguous a corporation, trust, partnership, or in- United States for any of the purposes dividual described in paragraph (f)(1) (i) listed above may apply to FAA’s Office or (ii) of this section; and of Environment and Energy for a spe- (2) Enters into the United States not cial flight authorization. The applicant later than 6 months after the expira- must file in advance. Applications are tion of a lease agreement (including due 30 days in advance of the planned any extensions thereof) between an flight and must provide the informa- owner described in paragraph (f)(1) of tion necessary for the FAA to deter- this section and a foreign airline. mine that the planned flight is within (g) The airplane complies with Stage the limits prescribed in the law. 2 noise levels and was purchased by the importer under a written contract exe- [Doc. No. FAA–2002–12771, 67 FR 46571, July cuted before November 5, 1990. 15, 2002, as amended by Docket FAA–2015– (h) Any Stage 2 airplane described in 3782, Amdt. 91–349, 82 FR 46132, Oct. 4, 2017] this section is eligible for operation in § 91.859 Modification to meet Stage 3, the contiguous United States only as Stage 4, or Stage 5 noise levels. provided under § 91.865 or 91.867. For an airplane subject to § 91.801(c) [Doc. No. 26433, 56 FR 48658, Sept. 25, 1991; 56 of this subpart and otherwise prohib- FR 51167, Oct. 10, 1991, as amended by Amdt. ited from operation to or from an air- 91–288, 70 FR 38750, July 5, 2005; Docket FAA– port in the contiguous United States 2015–3782, Amdt. 91–349, 82 FR 46132, Oct. 4, 2017] by § 91.855, any person may apply for a special flight authorization for that § 91.857 Stage 2 operations outside of airplane to operate in the contiguous the 48 contiguous United States. United States for the purpose of ob- An operator of a Stage 2 airplane taining modifications to meet Stage 3, that is operating only between points Stage 4, or Stage 5 noise levels. outside the contiguous United States [Docket FAA–2015–3782, Amdt. 91–349, 82 FR on or after November 5, 1990, must in- 46132, Oct. 4, 2017] clude in its operations specifications a statement that such airplane may not § 91.861 Base level. be used to provide air transportation to (a) U.S. Operators. The base level of a or from any airport in the contiguous U.S. operator is equal to the number of United States. owned or leased Stage 2 airplanes sub- [Doc. No. FAA–2002–12771, 67 FR 46571, July ject to § 91.801(c) of this subpart that 15, 2002] were listed on that operator’s oper- ations specifications for operations to § 91.858 Special flight authorizations or from airports in the contiguous for non-revenue Stage 2 operations. United States on any one day selected (a) After December 31, 1999, any oper- by the operator during the period Jan- ator of a Stage 2 airplane over 75,000 uary 1, 1990, through July 1, 1991, plus pounds may operate that airplane in or minus adjustments made pursuant nonrevenue service in the contiguous to paragraphs (a) (1) and (2). United States only for the following (1) The base level of a U.S. operator purposes: shall be increased by a number equal to (1) Sell, lease, or scrap the airplane; the total of the following— (2) Obtain modifications to meet (i) The number of Stage 2 airplanes Stage 3, Stage 4, or Stage 5 noise lev- returned to service in the United els. States pursuant to § 91.855(f);

800

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(ii) The number of Stage 2 airplanes (1) The names of the transferring and purchased pursuant to § 91.855(g); and acquiring parties; (iii) Any U.S. operator base level ac- (2) The name, address, and telephone quired with a Stage 2 airplane trans- number of the individual responsible ferred from another person under for submitting the notification on be- § 91.863. half of the transferring and acquiring (2) The base level of a U.S. operator parties; shall be decreased by the amount of (3) The total number of Stage 2 air- U.S. operator base level transferred planes transferred, listed by airplane with the corresponding number of type, model, series, and serial number; Stage 2 airplanes to another person (4) The corresponding amount of base under § 91.863. level transferred and whether it is U.S. (b) Foreign air carriers. The base operator or foreign air carrier base level of a foreign air carrier is equal to level; and the number of owned or leased Stage 2 (5) The effective date of the trans- airplanes that were listed on that car- action. rier’s U.S. operations specifications on (d) If, taken as a whole, a transaction any one day during the period January or series of transactions made pursuant 1, 1990, through July 1, 1991, plus or to this section does not produce an in- minus any adjustments to the base lev- crease or decrease in the number of els made pursuant to paragraphs (b) (1) Stage 2 airplanes for either the acquir- and (2). ing or transferring operator, such (1) The base level of a foreign air car- transaction or series of transactions rier shall be increased by the amount may not be used to establish compli- of foreign air carrier base level ac- ance with the requirements of § 91.865. quired with a Stage 2 airplane from an- [Doc. No. 26433, 56 FR 48659, Sept. 25, 1991] other person under § 91.863. (2) The base level of a foreign air car- § 91.865 Phased compliance for opera- rier shall be decreased by the amount tors with base level. of foreign air carrier base level trans- Except as provided in paragraph (a) ferred with a Stage 2 airplane to an- of this section, each operator that op- other person under § 91.863. erates an airplane under part 91, 121, (c) New entrants do not have a base 125, 129, or 135 of this chapter, regard- level. less of the national registry of the air- [Doc. No. 26433, 56 FR 48659, Sept. 25, 1991; 56 plane, shall comply with paragraph (b) FR 51167, Oct. 10, 1991] or (d) of this section at each interim compliance date with regard to its sub- § 91.863 Transfers of Stage 2 airplanes sonic airplane fleet covered by with base level. § 91.801(c) of this subpart. (a) Stage 2 airplanes may be trans- (a) This section does not apply to ferred with or without the cor- new entrants covered by § 91.867 or to responding amount of base level. Base foreign operators not engaged in for- level may not be transferred without eign air commerce. the corresponding number of Stage 2 (b) Each operator that chooses to airplanes. comply with this paragraph pursuant (b) No portion of a U.S. operator’s to any interim compliance requirement base level established under § 91.861(a) shall reduce the number of Stage 2 air- may be used for operations by a foreign planes it operates that are eligible for air carrier. No portion of a foreign air operation in the contiguous United carrier’s base level established under States to a maximum of: § 91.861(b) may be used for operations (1) After December 31, 1994, 75 percent by a U.S. operator. of the base level held by the operator; (c) Whenever a transfer of Stage 2 (2) After December 31, 1996, 50 percent airplanes with base level occurs, the of the base level held by the operator; transferring and acquiring parties (3) After December 31, 1998, 25 percent shall, within 10 days, jointly submit of the base level held by the operator. written notification of the transfer to (c) Except as provided under § 91.871, the FAA, Office of Environment and the number of Stage 2 airplanes that Energy. Such notification shall state: must be reduced at each compliance

801

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date contained in paragraph (b) of this air carrier must comply with Stage 3 section shall be determined by ref- noise levels. erence to the amount of base level held (c) Calculations resulting in fractions by the operator on that compliance may be rounded to permit the contin- date, as calculated under § 91.861. ued operation of the next whole num- (d) Each operator that chooses to ber of Stage 2 airplanes. comply with this paragraph pursuant [Doc. No. 26433, 56 FR 48659, Sept. 25, 1991, as to any interim compliance requirement amended by Amdt. 91–252, 61 FR 66185, Dec. shall operate a fleet that consists of: 16, 1996] (1) After December 31, 1994, not less than 55 percent Stage 3 airplanes; § 91.869 Carry-forward compliance. (2) After December 31, 1996, not less (a) Any operator that exceeds the re- than 65 percent Stage 3 airplanes; quirements of paragraph (b) of § 91.865 (3) After December 31, 1998, not less of this part on or before December 31, than 75 percent Stage 3 airplanes. 1994, or on or before December 31, 1996, (e) Calculations resulting in fractions may claim a credit that may be applied may be rounded to permit the contin- at a subsequent interim compliance ued operation of the next whole num- date. ber of Stage 2 airplanes. (b) Any operator that eliminates or [Doc. No. 26433, 56 FR 48659, Sept. 25, 1991] modifies more Stage 2 airplanes pursu- ant to § 91.865(b) than required as of De- § 91.867 Phased compliance for new cember 31, 1994, or December 31, 1996, entrants. may count the number of additional (a) New entrant U.S. air carriers. Stage 2 airplanes reduced as a credit (1) A new entrant initiating oper- toward— ations under part 121 of this chapter on (1) The number of Stage 2 airplanes it or before December 31, 1994, may ini- would otherwise be required to reduce tiate service without regard to the per- following a subsequent interim compli- centage of its fleet composed of Stage ance date specified in § 91.865(b); or 3 airplanes. (2) The number of Stage 3 airplanes it (2) After December 31, 1994, at least 25 would otherwise be required to operate percent of the fleet of a new entrant in its fleet following a subsequent in- must comply with Stage 3 noise levels. terim compliance date to meet the per- (3) After December 31, 1996, at least 50 centage requirements specified in percent of the fleet of a new entrant § 91.865(d). must comply with Stage 3 noise levels. [Doc. No. 26433, 56 FR 48659, Sept. 25, 1991; 56 (4) After December 31, 1998, at least 75 FR 65783, Dec. 18, 1991] percent of the fleet of a new entrant must comply with Stage 3 noise levels. § 91.871 Waivers from interim compli- (b) New entrant foreign air carriers. ance requirements. (1) A new entrant foreign air carrier (a) Any U.S. operator or foreign air initiating part 129 operations on or be- carrier subject to the requirements of fore December 31, 1994, may initiate § 91.865 or 91.867 of this subpart may re- service without regard to the percent- quest a waiver from any individual age of its fleet composed of Stage 3 air- compliance requirement. planes. (b) Applications must be filed with (2) After December 31, 1994, at least 25 the Secretary of Transportation at percent of the fleet on U.S. operations least 120 days prior to the compliance specifications of a new entrant foreign date from which the waiver is re- air carrier must comply with Stage 3 quested. noise levels. (c) Applicants must show that a (3) After December 31, 1996, at least 50 grant of waiver would be in the public percent of the fleet on U.S. operations interest, and must include in its appli- specifications of a new entrant foreign cation its plans and activities for modi- air carrier must comply with Stage 3 fying its fleet, including evidence of noise levels. good faith efforts to comply with the (4) After December 31, 1998, at least 75 requirements of § 91.865 or § 91.867. The percent of the fleet on U.S. operations application should contain all informa- specifications of a new entrant foreign tion the applicant considers relevant,

802

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including, as appropriate, the fol- service no later than January 1, 1999, lowing: and must comply fully with all provi- (1) The applicant’s balance sheet and sions of this section. cash flow positions; (d) The Secretary may grant a waiver (2) The composition of the applicant’s under this section if the Secretary current fleet; and finds that granting such waiver is in (3) The applicant’s delivery position the public interest. In making such a with respect to new airplanes or noise- finding, the Secretary shall include abatement equipment. consideration of the effect of granting (d) Waivers will be granted only upon such waiver on competition in the air a showing by the applicant that com- carrier industry and the effect on small pliance with the requirements of community air service, and any other § 91.865 or 91.867 at a particular interim information submitted by the appli- compliance date is financially onerous, cant that the Secretary considers rel- physically impossible, or techno- evant. logically infeasible, or that it would (e) The term of any waiver granted have an adverse effect on competition under this section shall be determined or on service to small communities. by the circumstances presented in the (e) The conditions of any waiver application, but in no case will the granted under this section shall be de- waiver permit the operation of any termined by the circumstances pre- Stage 2 airplane covered by this sub- sented in the application, but in no chapter in the contiguous United case may the term extend beyond the States after December 31, 2003. next interim compliance date. (f) A summary of any request for a (f) A summary of any request for a waiver under this section will be pub- waiver under this section will be pub- lished in the FEDERAL REGISTER, and lished in the FEDERAL REGISTER, and public comment will be invited. Unless public comment will be invited. Unless the secretary finds that circumstances the Secretary finds that circumstances require otherwise, the public comment require otherwise, the public comment period will be at least 14 days. period will be at least 14 days. [Doc. No. 26433, 56 FR 48660, Sept. 25, 1991; 56 [Doc. No. 26433, 56 FR 48660, Sept. 25, 1991] FR 51167 Oct. 10, 1991; Amdt. 91–276, 67 FR 46571, July 15, 2002] § 91.873 Waivers from final compli- ance. § 91.875 Annual progress reports. (a) A U.S. air carrier or a foreign air (a) Each operator subject to § 91.865 carrier may apply for a waiver from or § 91.867 of this chapter shall submit the prohibition contained in § 91.853 of an annual report to the FAA, Office of this part for its remaining Stage 2 air- Environment and Energy, on the planes, provided that, by July 1, 1999, progress it has made toward complying at least 85 percent of the airplanes used with the requirements of that section. by the carrier to provide service to or Such reports shall be submitted no from an airport in the contiguous later than 45 days after the end of a United States will comply with the calendar year. All progress reports Stage 3 noise levels. must provide the information through (b) An application for the waiver de- the end of the calendar year, be cer- scribed in paragraph (a) of this section tified by the operator as true and com- must be filed with the Secretary of plete (under penalty of 18 U.S.C. 1001), Transportation no later than January and include the following information: 1, 1999, or, in the case of a foreign air (1) The name and address of the oper- carrier, no later than April 20, 2000. ator; Such application must include a plan (2) The name, title, and telephone with firm orders for replacing or modi- number of the person designated by the fying all airplanes to comply with operator to be responsible for ensuring Stage 3 noise levels at the earliest the accuracy of the information in the practicable time. report; (c) To be eligible to apply for the (3) The operator’s progress during the waiver under this section, a new en- reporting period toward compliance trant U.S. air carrier must initiate with the requirements of § 91.853,

803

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§ 91.865 or § 91.867. For airplanes on U.S. ering the calendar year preceding the operations specifications, each oper- report and including any changes in ator shall identify the airplanes by the information provided in paragraphs type, model, series, and serial number. (a) and (b) of this section; including the (i) Each Stage 2 airplane added or re- use of any carry-forward credits pursu- moved from operation or U.S. oper- ant to § 91.869. ations specifications (grouped sepa- (d) An operator may request, in any rately by those airplanes acquired with report, that specific planning data be and without base level); considered proprietary. (ii) Each Stage 2 airplane modified to (e) If an operator’s actions during Stage 3 noise levels (identifying the any reporting period cause it to manufacturer and model of noise achieve compliance with § 91.853, the re- abatement retrofit equipment; port should include a statement to that (iii) Each Stage 3 airplane on U.S. op- effect. Further progress reports are not erations specifications as of the last required unless there is any change in day of the reporting period; and the information reported pursuant to (iv) For each Stage 2 airplane trans- paragraph (a) of this section. ferred or acquired, the name and ad- (f) For each U.S. operator subject to dress of the recipient or transferor; § 91.865, progress reports submitted for and, if base level was transferred, the calendar years 1994, 1996, and 1998, shall person to or from whom base level was also state how the operator achieved transferred or acquired pursuant to compliance with the requirements of Section 91.863 along with the effective that section, i.e.— date of each base level transaction, and (1) By reducing the number of Stage the type of base level transferred or ac- 2 airplanes in its fleet to no more than quired. the maximum permitted percentage of (b) Each operator subject to § 91.865 its base level under § 91.865(b), or or § 91.867 of this chapter shall submit (2) By operating a fleet that consists an initial progress report covering the of at least the minimum required per- period from January 1, 1990, through centage of Stage 3 airplanes under December 31, 1991, and provide: § 91.865(d). (1) For each operator subject to (Approved by the Office of Management and § 91.865: Budget under control number 2120–0553) (i) The date used to establish its base [Doc. No. 26433, 56 FR 48660, Sept. 25, 1991; 56 level pursuant to § 91.861(a); and FR 51168, Oct. 10, 1991, as amended by 57 FR (ii) A list of those Stage 2 airplanes 5977, Feb. 19, 1992] (by type, model, series and serial num- ber) in its base level, including adjust- § 91.877 Annual reporting of Hawaiian ments made pursuant to § 91.861 after operations. the date its base level was established. (a) Each air carrier or foreign air car- (2) For each U.S. operator: rier subject to § 91.865 or § 91.867 of this (i) A plan to meet the compliance part that conducts operations between schedules in § 91.865 or § 91.867 and the the contiguous United States and the final compliance date of § 91.853, includ- State of Hawaii, between the State of ing the schedule for delivery of replace- Hawaii and any point outside of the ment Stage 3 airplanes or the installa- contiguous United States, or between tion of noise abatement retrofit equip- the islands of Hawaii in turnaround ment; and service, on or since November 5, 1990, (ii) A separate list (by type, model, shall include in its annual report the series, and serial number) of those air- information described in paragraph (c) planes included in the operator’s base of this section. level, pursuant to § 91.861(a)(1) (i) and (b) Each air carrier or foreign air car- (ii), under the categories ‘‘returned’’ or rier not subject to § 91.865 or § 91.867 of ‘‘purchased,’’ along with the date each this part that conducts operations be- was added to its operations specifica- tween the contiguous U.S. and the tions. State of Hawaii, between the State of (c) Each operator subject to § 91.865 or Hawaii and any point outside of the § 91.867 of this chapter shall submit sub- contiguous United States, or between sequent annual progress reports cov- the islands of Hawaii in turnaround

804

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service, on or since November 5, 1990, (3) For operations conducted between shall submit an annual report to the the State of Hawaii and a point outside FAA, Office of Environment and En- the contiguous United States— ergy, on its compliance with the Ha- (i) The number of Stage 2 airplanes waiian operations provisions of 49 used to conduct such operations as of U.S.C. 47528. Such reports shall be sub- November 5, 1990; and mitted no later than 45 days after the (ii) Any change to that number dur- end of a calendar year. All progress re- ing the calendar year being reported, ports must provide the information including the date of such change. through the end of the calendar year, (d) Reports or amended reports for be certified by the operator as true and years predating this regulation are re- complete (under penalty of 18 U.S.C. quired to be filed concurrently with the 1001), and include the following infor- next annual report. mation— [Doc. No. 28213, 61 FR 66185, Dec. 16, 1996] (1) The name and address of the air carrier or foreign air carrier; §§ 91.879–91.880 [Reserved] (2) The name, title, and telephone number of the person designated by the § 91.881 Final compliance: Civil sub- air carrier or foreign air carrier to be sonic jet airplanes weighing 75,000 responsible for ensuring the accuracy pounds or less. of the information in the report; and Except as provided in § 91.883, after (3) The information specified in para- December 31, 2015, a person may not op- graph (c) of this section. erate to or from an airport in the con- (c) The following information must tiguous United States a civil subsonic be included in reports filed pursuant to jet airplane subject to § 91.801(e) of this this section— subpart that weighs less than 75,000 (1) For operations conducted between pounds unless that airplane has been the contiguous United States and the shown to comply with Stage 3, Stage 4, State of Hawaii— or Stage 5 noise levels. (i) The number of Stage 2 airplanes [Docket FAA–2015–3782, Amdt. 91–349, 82 FR used to conduct such operations as of 46132, Oct. 4, 2017] November 5, 1990; (ii) Any change to that number dur- § 91.883 Special flight authorizations ing the calendar year being reported, for jet airplanes weighing 75,000 including the date of such change; pounds or less. (2) For air carriers that conduct (a) After December 31, 2015, an oper- inter-island turnaround service in the ator of a jet airplane weighing 75,000 State of Hawaii— pounds or less that does not comply (i) The number of Stage 2 airplanes with Stage 3 noise levels may, when used to conduct such operations as of granted a special flight authorization November 5, 1990; by the FAA, operate that airplane in (ii) Any change to that number dur- the contiguous United States only for ing the calendar year being reported, one of the following purposes: including the date of such change; (1) To sell, lease, or use the airplane (iii) For an air carrier that provided outside the 48 contiguous States; inter-island trunaround service within (2) To scrap the airplane; the state of Hawaii on November 5, (3) To obtain modifications to the 1990, the number reported under para- airplane to meet Stage 3, Stage 4, or graph (c)(2)(i) of this section may in- Stage 5 noise levels. clude all Stage 2 airplanes with a max- (4) To perform scheduled heavy main- imum certificated takeoff weight of tenance or significant modifications on more than 75,000 pounds that were the airplane at a maintenance facility owned or leased by the air carrier on located in the contiguous 48 States; November 5, 1990, regardless of whether (5) To deliver the airplane to an oper- such airplanes were operated by that ator leasing the airplane from the air carrier or foreign air carrier on owner or return the airplane to the les- that date. sor;

805

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(6) To prepare, park, or store the air- § 91.905 List of rules subject to waiv- plane in anticipation of any of the ac- ers. tivities described in paragraphs (a)(1) Sec. through (a)(5) of this section; 91.107 Use of safety belts. (7) To provide transport of persons 91.111 Operating near other aircraft. and goods in the relief of an emergency 91.113 Right-of-way rules: Except water op- situation; or erations. (8) To divert the airplane to an alter- 91.115 Right-of-way rules: Water operations. 91.117 Aircraft speed. native airport in the 48 contiguous 91.119 Minimum safe altitudes: General. States on account of weather, mechan- 91.121 Altimeter settings. ical, fuel, air traffic control, or other 91.123 Compliance with ATC clearances and safety reasons while conducting a instructions. flight in order to perform any of the 91.125 ATC light signals. activities described in paragraphs (a)(1) 91.126 Operating on or in the vicinity of an through (a)(7) of this section. airport in Class G airspace. (b) An operator of an affected air- 91.127 Operating on or in the vicinity of an airport in Class E airspace. plane may apply for a special flight au- 91.129 Operations in Class D airspace. thorization for one of the purposes list- 91.130 Operations in Class C airspace. ed in paragraph (a) of this section by 91.131 Operations in Class B airspace. filing an application with the FAA’s 91.133 Restricted and prohibited areas. Office of Environment and Energy. Ex- 91.135 Operations in Class A airspace. cept for emergency relief authoriza- 91.137 Temporary flight restrictions. tions sought under paragraph (a)(7) of 91.141 Flight restrictions in the proximity this section, applications must be filed of the Presidential and other parties. at least 30 days in advance of the 91.143 Flight limitation in the proximity of space flight operations. planned flight. All applications must 91.153 VFR flight plan: Information re- provide the information necessary for quired. the FAA to determine that the planned 91.155 Basic VFR weather minimums flight is within the limits prescribed in 91.157 Special VFR weather minimums. the law. 91.159 VFR cruising altitude or flight level. 91.169 IFR flight plan: Information required. [Doc. No. FAA–2013–0503, 78 FR 39583, July 2, 91.173 ATC clearance and flight plan re- 2013, as amended by Docket FAA–2015–3782, quired. Amdt. 91–349, 82 FR 46132, Oct. 4, 2017] 91.175 Takeoff and landing under IFR. 91.176 Operations below DA/DH or MDA §§ 91.884–91.899 [Reserved] using an enhanced flight vision system (EFVS) under IFR. Subpart J—Waivers 91.177 Minimum altitudes for IFR oper- ations. § 91.901 [Reserved] 91.179 IFR cruising altitude or flight level. 91.181 Course to be flown. § 91.903 Policy and procedures. 91.183 IFR radio communications. 91.185 IFR operations: Two-way radio com- (a) The Administrator may issue a munications failure. certificate of waiver authorizing the 91.187 Operation under IFR in controlled operation of aircraft in deviation from airspace: Malfunction reports. any rule listed in this subpart if the 91.209 Aircraft lights. Administrator finds that the proposed 91.303 Aerobatic flights. operation can be safely conducted 91.305 Flight test areas. 91.311 Towing: Other than under § 91.309. under the terms of that certificate of 91.313(e) Restricted category civil aircraft: waiver. Operating limitations. (b) An application for a certificate of 91.515 Flight altitude rules. waiver under this part is made on a 91.707 Flights between Mexico or Canada form and in a manner prescribed by the and the United States. Administrator and may be submitted 91.713 Operation of civil aircraft of Cuban to any FAA office. registry. (c) A certificate of waiver is effective [Doc. No. 18334, 54 FR 34325, Aug. 18, 1989, as as specified in that certificate of waiv- amended by Amdt. 91–227, 56 FR 65661, Dec. er. 17, 1991; Docket FAA–2013–0485, Amdt. 91–345, 81 FR 90175, Dec. 13, 2016; Docket FAA–2016– [Doc. No. 18334, 54 FR 34325, Aug. 18, 1989] 9154, Amdt. 91–348, 82 FR 39664, Aug. 22, 2017]

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§§ 91.907–91.999 [Reserved] (4) A fractional ownership interest means the ownership of an interest or Subpart K—Fractional Ownership holding of a multi-year leasehold inter- Operations est and/or a multi-year leasehold inter- est that is convertible into an owner- ship interest in a program aircraft. SOURCE: Docket No. FAA–2001–10047, 68 FR (5) A fractional ownership program or 54561, Sept. 17, 2003, unless otherwise noted. program means any system of aircraft § 91.1001 Applicability. ownership and exchange that consists of all of the following elements: (a) This subpart prescribes rules, in (i) The provision for fractional own- addition to those prescribed in other ership program management services subparts of this part, that apply to by a single fractional ownership pro- fractional owners and fractional owner- gram manager on behalf of the frac- ship program managers governing— tional owners. (1) The provision of program manage- (ii) Two or more airworthy aircraft. ment services in a fractional ownership (iii) One or more fractional owners program; per program aircraft, with at least one (2) The operation of a fractional own- program aircraft having more than one ership program aircraft in a fractional owner. ownership program; and (iv) Possession of at least a minimum (3) The operation of a program air- fractional ownership interest in one or craft included in a fractional ownership more program aircraft by each frac- program managed by an affiliate of the tional owner. manager of the program to which the owner belongs. (v) A dry-lease aircraft exchange ar- rangement among all of the fractional (b) As used in this part— owners. (1) Affiliate of a program manager means a manager that, directly, or in- (vi) Multi-year program agreements directly, through one or more inter- covering the fractional ownership, mediaries, controls, is controlled by, or fractional ownership program manage- is under common control with, another ment services, and dry-lease aircraft program manager. The holding of at exchange aspects of the program. least forty percent (40 percent) of the (6) A fractional ownership program air- equity and forty percent (40 percent) of craft or program aircraft means: the voting power of an entity will be (i) An aircraft in which a fractional presumed to constitute control for pur- owner has a minimal fractional owner- poses of determining an affiliation ship interest and that has been in- under this subpart. cluded in the dry-lease aircraft ex- (2) A dry-lease aircraft exchange means change pursuant to the program agree- an arrangement, documented by the ments, or written program agreements, under (ii) In the case of a fractional owner which the program aircraft are avail- from one program operating an aircraft able, on an as needed basis without in a different fractional ownership pro- crew, to each fractional owner. gram managed by an affiliate of the op- (3) A fractional owner or owner means erating owner’s program manager, the an individual or entity that possesses a aircraft being operated by the frac- minimum fractional ownership interest tional owner, so long as the aircraft is: in a program aircraft and that has en- (A) Included in the fractional owner- tered into the applicable program ship program managed by the affiliate agreements; provided, however, that in of the operating owner’s program man- the case of the flight operations de- ager, and scribed in paragraph (b)(6)(ii) of this (B) Included in the operating owner’s section, and solely for purposes of re- program’s dry-lease aircraft exchange quirements pertaining to those flight pursuant to the program agreements of operations, the fractional owner oper- the operating owner’s program. ating the aircraft will be deemed to be (iii) An aircraft owned in whole or in a fractional owner in the program man- part by the program manager that has aged by the affiliate. been included in the dry-lease aircraft

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exchange and is used to supplement (10) A minimum fractional ownership program operations. interest means— (7) A Fractional Ownership Program (i) A fractional ownership interest Flight or Program Flight means a flight equal to, or greater than, one-sixteenth under this subpart when one or more (1⁄16) of at least one subsonic, fixed-wing passengers or property designated by a or powered-lift program aircraft; or fractional owner are on board the air- (ii) A fractional ownership interest craft. equal to, or greater than, one-thirty- (8) Fractional ownership program man- second (1⁄32) of at least one rotorcraft agement services or program management program aircraft. services mean administrative and avia- (c) The rules in this subpart that tion support services furnished in ac- refer to a fractional owner or a frac- cordance with the applicable require- tional ownership program manager ments of this subpart or provided by also apply to any person who engages the program manager on behalf of the in an operation governed by this sub- fractional owners, including, but not part without the management speci- limited to, the— fications required by this subpart. (i) Establishment and implementa- tion of program safety guidelines; § 91.1002 Compliance date. (ii) Employment, furnishing, or con- No person that conducted flights be- tracting of pilots and other crew- fore November 17, 2003 under a program members; that meets the definition of fractional (iii) Training and qualification of pi- ownership program in § 91.1001 may lots and other crewmembers and per- conduct such flights after February 17, sonnel; 2005 unless it has obtained manage- (iv) Scheduling and coordination of ment specifications under this subpart. the program aircraft and crews; [Doc. No. FAA–2001–10047, 68 FR 54561, Sept. (v) Maintenance of program aircraft; 17, 2003; 69 FR 74413, Dec. 14, 2004] (vi) Satisfaction of recordkeeping re- quirements; § 91.1003 Management contract be- (vii) Development and use of a pro- tween owner and program man- gram operations manual and proce- ager. dures; and Each owner must have a contract (viii) Application for and mainte- with the program manager that— nance of management specifications (a) Requires the program manager to and other authorizations and approv- ensure that the program conforms to als. all applicable requirements of this (9) A fractional ownership program chapter. manager or program manager means the (b) Provides the owner the right to entity that offers fractional ownership inspect and to audit, or have a designee program management services to frac- of the owner inspect and audit, the tional owners, and is designated in the records of the program manager per- multi-year program agreements ref- taining to the operational safety of the erenced in paragraph (b)(1)(v) of this program and those records required to section to fulfill the requirements of show compliance with the management this chapter applicable to the manager specifications and all applicable regu- of the program containing the aircraft lations. These records include, but are being flown. When a fractional owner is not limited to, the management speci- operating an aircraft in a fractional fications, authorizations, approvals, ownership program managed by an af- manuals, log books, and maintenance filiate of the owner’s program man- records maintained by the program ager, the references in this subpart to manager. the flight-related responsibilities of (c) Designates the program manager the program manager apply, with re- as the owner’s agent to receive service spect to that particular flight, to the of notices pertaining to the program affiliate of the owner’s program man- that the FAA seeks to provide to own- ager rather than to the owner’s pro- ers and authorizes the FAA to send gram manager. such notices to the program manager

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in its capacity as the agent of the OPERATIONAL CONTROL owner for such service. (d) Acknowledges the FAA’s right to § 91.1009 Clarification of operational contact the owner directly if the Ad- control. ministrator determines that direct (a) An owner is in operational control contact is necessary. of a program flight when the owner— (1) Has the rights and is subject to § 91.1005 Prohibitions and limitations. the limitations set forth in §§ 91.1003 (a) Except as provided in § 91.321 or through 91.1013; § 91.501, no owner may carry persons or (2) Has directed that a program air- property for compensation or hire on a craft carry passengers or property des- program flight. ignated by that owner; and (b) During the term of the multi-year (3) The aircraft is carrying those pas- program agreements under which a sengers or property. fractional owner has obtained a min- (b) An owner is not in operational imum fractional ownership interest in control of a flight in the following cir- a program aircraft, the flight hours cumstances: used during that term by the owner on (1) A program aircraft is used for a program aircraft must not exceed the flight for administrative purposes such total hours associated with the frac- as demonstration, positioning, ferrying, maintenance, or crew train- tional owner’s share of ownership. ing, and no passengers or property des- (c) No person may sell or lease an air- ignated by such owner are being car- craft interest in a fractional ownership ried; or program that is smaller than that pre- (2) The aircraft being used for the scribed in the definition of ‘‘minimum flight is being operated under part 121 fractional ownership interest’’ in or 135 of this chapter. § 91.1001(b)(10) unless flights associated with that interest are operated under § 91.1011 Operational control respon- part 121 or 135 of this chapter and are sibilities and delegation. conducted by an air carrier or commer- (a) Each owner in operational control cial operator certificated under part of a program flight is ultimately re- 119 of this chapter. sponsible for safe operations and for complying with all applicable require- § 91.1007 Flights conducted under part ments of this chapter, including those 121 or part 135 of this chapter. related to airworthiness and operations (a) Except as provided in § 91.501(b), in connection with the flight. Each when a nonprogram aircraft is used to owner may delegate some or all of the substitute for a program flight, the performance of the tasks associated flight must be operated in compliance with carrying out this responsibility to with part 121 or part 135 of this chap- the program manager, and may rely on ter, as applicable. the program manager for aviation ex- (b) A program manager who holds a pertise and program management serv- certificate under part 119 of this chap- ices. When the owner delegates per- ter may conduct a flight for the use of formance of tasks to the program man- a fractional owner under part 121 or ager or relies on the program man- ager’s expertise, the owner and the pro- part 135 of this chapter if the aircraft is gram manager are jointly and individ- listed on that certificate holder’s oper- ually responsible for compliance. ations specifications for part 121 or (b) The management specifications, part 135, as applicable. authorizations, and approvals required (c) The fractional owner must be in- by this subpart are issued to, and in formed when a flight is being con- the sole name of, the program manager ducted as a program flight or is being on behalf of the fractional owners col- conducted under part 121 or part 135 of lectively. The management specifica- this chapter. tions, authorizations, and approvals will not be affected by any change in ownership of a program aircraft, as

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long as the aircraft remains a program (b) Management specifications will aircraft in the identified program. be issued to the program manager on behalf of the fractional owners if, after § 91.1013 Operational control briefing investigation, the Administrator finds and acknowledgment. that the applicant: (a) Upon the signing of an initial pro- (1) Meets the applicable requirements gram management services contract, of this subpart; and or a renewal or extension of a program (2) Is properly and adequately management services contract, the equipped in accordance with the re- program manager must brief the frac- quirements of this chapter and is able tional owner on the owner’s oper- to conduct safe operations under appro- ational control responsibilities, and priate provisions of part 91 of this the owner must review and sign an ac- chapter and management specifica- knowledgment of these operational tions issued under this subpart. control responsibilities. The acknowl- (c) An application for management edgment must be included with the specifications will be denied if the Ad- program management services con- ministrator finds that the applicant is tract. The acknowledgment must de- not properly or adequately equipped or fine when a fractional owner is in oper- is not able to conduct safe operations ational control and the owner’s respon- under this part. sibilities and liabilities under the pro- § 91.1015 Management specifications. gram. These include: (1) Responsibility for compliance (a) Each person conducting oper- with the management specifications ations under this subpart or furnishing and all applicable regulations. fractional ownership program manage- ment services to fractional owners (2) Enforcement actions for any non- must do so in accordance with manage- compliance. ment specifications issued by the Ad- (3) Liability risk in the event of a ministrator to the fractional ownership flight-related occurrence that causes program manager under this subpart. personal injury or property damage. Management specifications must in- (b) The fractional owner’s signature clude: on the acknowledgment will serve as (1) The current list of all fractional the owner’s affirmation that the owner owners and types of aircraft, registra- has read, understands, and accepts the tion markings and serial numbers; operational control responsibilities de- (2) The authorizations, limitations, scribed in the acknowledgment. and certain procedures under which (c) Each program manager must en- these operations are to be conducted, sure that the fractional owner or own- (3) Certain other procedures under er’s representatives have access to the which each class and size of aircraft is acknowledgments for such owner’s pro- to be operated; gram aircraft. Each program manager (4) Authorization for an inspection must ensure that the FAA has access program approved under § 91.1109, in- to the acknowledgments for all pro- cluding the type of aircraft, the reg- gram aircraft. istration markings and serial numbers of each aircraft to be operated under PROGRAM MANAGEMENT the program. No person may conduct any program flight using any aircraft § 91.1014 Issuing or denying manage- ment specifications. not listed. (5) Time limitations, or standards for (a) A person applying to the Adminis- determining time limitations, for over- trator for management specifications hauls, inspections, and checks for air- under this subpart must submit an ap- frames, engines, propellers, rotors, ap- plication— pliances, and emergency equipment of (1) In a form and manner prescribed aircraft. by the Administrator; and (6) The specific location of the pro- (2) Containing any information the gram manager’s principal base of oper- Administrator requires the applicant ations and, if different, the address to submit. that will serve as the primary point of

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contact for correspondence between the (2) State that compliance with each FAA and the program manager and the management specifications require- name and mailing address of the pro- ment is mandatory. gram manager’s agent for service; (g) Each program manager must keep (7) Other business names the program each of its employees and other persons manager may use; who perform duties material to its op- (8) Authorization for the method of erations informed of the provisions of controlling weight and balance of air- its management specifications that craft; apply to that employee’s or person’s (9) Any authorized deviation and ex- duties and responsibilities. emption granted from any requirement (h) A program manager may obtain of this chapter; and approval to provide a temporary docu- (10) Any other information the Ad- ment verifying a flightcrew member’s ministrator determines is necessary. airman certificate and medical certifi- (b) The program manager may keep cate privileges under an approved cer- the current list of all fractional owners tificate verification plan set forth in required by paragraph (a)(1) of this sec- the program manager’s management tion at its principal base of operation specifications. A document provided by or other location approved by the Ad- the program manager may be carried ministrator and referenced in its man- as an airman certificate or medical agement specifications. Each program certificate on flights within the United manager shall make this list of owners States for up to 72 hours. available for inspection by the Admin- [Docket No. FAA–2001–10047, 68 FR 54561, istrator. Sept. 17, 2003, as amended by Docket FAA– (c) Management specifications issued 2018–0119, Amdt. 91–350, 83 FR 9171, Mar. 5, under this subpart are effective un- 2018; Amdt. 60–6, 83 FR 30282, June 27, 2018] less— (1) The management specifications § 91.1017 Amending program man- are amended as provided in § 91.1017; or ager’s management specifications. (2) The Administrator suspends or re- (a) The Administrator may amend vokes the management specifications. any management specifications issued (d) At least 30 days before it proposes under this subpart if— to establish or change the location of (1) The Administrator determines its principal base of operations, its that safety and the public interest re- main operations base, or its main quire the amendment of any manage- maintenance base, a program manager ment specifications; or must provide written notification to (2) The program manager applies for the Flight Standards office that issued the amendment of any management the program manager’s management specifications, and the Administrator specifications. determines that safety and the public (e) Each program manager must interest allows the amendment. maintain a complete and separate set (b) Except as provided in paragraph of its management specifications at its (e) of this section, when the Adminis- principal base of operations, or at a trator initiates an amendment of a pro- place approved by the Administrator, gram manager’s management specifica- and must make its management speci- tions, the following procedure applies: fications available for inspection by (1) The Flight Standards office that the Administrator and the fractional issued the program manager’s manage- owner(s) to whom the program man- ment specifications will notify the pro- ager furnishes its services for review gram manager in writing of the pro- and audit. posed amendment. (f) Each program manager must in- (2) The Flight Standards office that sert pertinent excerpts of its manage- issued the program manager’s manage- ment specifications, or references ment specifications will set a reason- thereto, in its program manual and able period (but not less than 7 days) must— within which the program manager (1) Clearly identify each such excerpt may submit written information, as a part of its management specifica- views, and arguments on the amend- tions; and ment.

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(3) After considering all material pre- management specifications will notify sented, the Flight Standards office the program manager of— that issued the program manager’s (i) The adoption of the applied for management specifications will notify amendment; the program manager of— (ii) The partial adoption of the ap- (i) The adoption of the proposed plied for amendment; or amendment, (iii) The denial of the applied for (ii) The partial adoption of the pro- amendment. The program manager posed amendment, or may petition for reconsideration of a (iii) The withdrawal of the proposed denial under paragraph (d) of this sec- amendment. tion. (4) If the Flight Standards office that (4) If the Flight Standards office that issued the program manager’s manage- issued the program manager’s manage- ment specifications issues an amend- ment specifications approves the ment of the management specifica- amendment, following coordination tions, it becomes effective not less with the program manager regarding than 30 days after the program man- its implementation, the amendment is ager receives notice of it unless— effective on the date the Administrator (i) The Flight Standards office that approves it. issued the program manager’s manage- (d) When a program manager seeks ment specifications finds under para- reconsideration of a decision of the graph (e) of this section that there is Flight Standards office that issued the an emergency requiring immediate ac- program manager’s management speci- tion with respect to safety; or fications concerning the amendment of (ii) The program manager petitions management specifications, the fol- for reconsideration of the amendment lowing procedure applies: under paragraph (d) of this section. (1) The program manager must peti- (c) When the program manager ap- tion for reconsideration of that deci- plies for an amendment to its manage- sion within 30 days of the date that the ment specifications, the following pro- program manager receives a notice of cedure applies: denial of the amendment of its man- (1) The program manager must file agement specifications, or of the date an application to amend its manage- it receives notice of an FAA-initiated ment specifications— amendment of its management speci- (i) At least 90 days before the date fications, whichever circumstance ap- proposed by the applicant for the plies. amendment to become effective, unless (2) The program manager must ad- a shorter time is approved, in cases dress its petition to the Executive Di- such as mergers, acquisitions of oper- rector, Flight Standards Service. ational assets that require an addi- (3) A petition for reconsideration, if tional showing of safety (for example, filed within the 30-day period, suspends proving tests or validation tests), and the effectiveness of any amendment resumption of operations following a issued by the Flight Standards office suspension of operations as a result of that issued the program manager’s bankruptcy actions. management specifications unless that (ii) At least 15 days before the date office has found, under paragraph (e) of proposed by the applicant for the this section, that an emergency exists amendment to become effective in all requiring immediate action with re- other cases. spect to safety. (2) The application must be sub- (4) If a petition for reconsideration is mitted to the Flight Standards office not filed within 30 days, the procedures that issued the program manager’s of paragraph (c) of this section apply. management specifications in a form (e) If the Flight Standards office that and manner prescribed by the Adminis- issued the program manager’s manage- trator. ment specifications finds that an emer- (3) After considering all material pre- gency exists requiring immediate ac- sented, the Flight Standards office tion with respect to safety that makes that issued the program manager’s the procedures set out in this section

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impracticable or contrary to the public fications, or any required record, docu- interest— ment, or report is grounds for suspen- (1) The Flight Standards office sion of all or any part of the program amends the management specifications manager’s management specifications. and makes the amendment effective on the day the program manager receives § 91.1021 Internal safety reporting and notice of it; and incident/accident response. (2) In the notice to the program man- (a) Each program manager must es- ager, the Flight Standards office will tablish an internal anonymous safety articulate the reasons for its finding reporting procedure that fosters an en- that an emergency exists requiring im- vironment of safety without any poten- mediate action with respect to safety tial for retribution for filing the re- or that makes it impracticable or con- port. trary to the public interest to stay the (b) Each program manager must es- effectiveness of the amendment. tablish procedures to respond to an aviation incident/accident. [Docket No. FAA–2001–10047, 68 FR 54561, Sept. 17, 2003, as amended by Docket FAA– 2018–0119, Amdt. 91–350, 83 FR 9171, Mar. 5, § 91.1023 Program operating manual 2018] requirements. (a) Each program manager must pre- § 91.1019 Conducting tests and inspec- pare and keep current a program oper- tions. ating manual setting forth procedures (a) At any time or place, the Admin- and policies acceptable to the Adminis- istrator may conduct an inspection or trator. The program manager’s man- test, other than an en route inspection, agement, flight, ground, and mainte- to determine whether a program man- nance personnel must use this manual ager under this subpart is complying to conduct operations under this sub- with title 49 of the United States Code, part. However, the Administrator may applicable regulations, and the pro- authorize a deviation from this para- gram manager’s management specifica- graph if the Administrator finds that, tions. because of the limited size of the oper- (b) The program manager must— ation, part of the manual is not nec- (1) Make available to the Adminis- essary for guidance of management, trator at the program manager’s prin- flight, ground, or maintenance per- cipal base of operations, or at a place sonnel. approved by the Administrator, the (b) Each program manager must program manager’s management speci- maintain at least one copy of the man- fications; and ual at its principal base of operations. (2) Allow the Administrator to make (c) No manual may be contrary to any test or inspection, other than an any applicable U.S. regulations, foreign en route inspection, to determine com- regulations applicable to the program pliance respecting any matter stated in flights in foreign countries, or the pro- paragraph (a) of this section. gram manager’s management specifica- (c) Each employee of, or person used tions. by, the program manager who is re- (d) The program manager must make sponsible for maintaining the program a copy of the manual, or appropriate manager’s records required by or nec- portions of the manual (and changes essary to demonstrate compliance with and additions), available to its mainte- this subpart must make those records nance and ground operations personnel available to the Administrator. and must furnish the manual to— (d) The Administrator may deter- (1) Its crewmembers; and mine a program manager’s continued (2) Representatives of the Adminis- eligibility to hold its management trator assigned to the program man- specifications on any grounds listed in ager. paragraph (a) of this section, or any (e) Each employee of the program other appropriate grounds. manager to whom a manual or appro- (e) Failure by any program manager priate portions of it are furnished to make available to the Administrator under paragraph (d)(1) of this section upon request, the management speci- must keep it up-to-date with the

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changes and additions furnished to (b) Copies of the program manager’s them. management specifications or appro- (f) Except as provided in paragraph priate extracted information, including (h) of this section, the appropriate area of operations authorized, category parts of the manual must be carried on and class of aircraft authorized, crew each aircraft when away from the prin- complements, and types of operations cipal operations base. The appropriate authorized; parts must be available for use by (c) Procedures for complying with ac- ground or flight personnel. cident notification requirements; (g) For the purpose of complying (d) Procedures for ensuring that the with paragraph (d) of this section, a pilot in command knows that required program manager may furnish the per- airworthiness inspections have been sons listed therein with all or part of made and that the aircraft has been ap- its manual in printed form or other proved for return to service in compli- form, acceptable to the Administrator, ance with applicable maintenance re- that is retrievable in the English lan- quirements; guage. If the program manager fur- (e) Procedures for reporting and re- nishes all or part of the manual in cording mechanical irregularities that other than printed form, it must en- come to the attention of the pilot in sure there is a compatible reading de- command before, during, and after vice available to those persons that completion of a flight; provides a legible image of the mainte- (f) Procedures to be followed by the nance information and instructions, or pilot in command for determining that a system that is able to retrieve the mechanical irregularities or defects re- maintenance information and instruc- ported for previous flights have been tions in the English language. corrected or that correction of certain (h) If a program manager conducts mechanical irregularities or defects aircraft inspections or maintenance at have been deferred; specified facilities where the approved (g) Procedures to be followed by the aircraft inspection program is avail- pilot in command to obtain mainte- able, the program manager is not re- nance, preventive maintenance, and quired to ensure that the approved air- servicing of the aircraft at a place craft inspection program is carried where previous arrangements have not aboard the aircraft en route to those been made by the program manager or facilities. owner, when the pilot is authorized to (i) Program managers that are also so act for the operator; certificated to operate under part 121 (h) Procedures under § 91.213 for the or 135 of this chapter may be author- release of, and continuation of flight if ized to use the operating manual re- any item of equipment required for the quired by those parts to meet the man- particular type of operation becomes ual requirements of subpart K, pro- inoperative or unserviceable en route; vided: (i) Procedures for refueling aircraft, (1) The policies and procedures are eliminating fuel contamination, pro- consistent for both operations, or tecting from fire (including electro- (2) When policies and procedures are static protection), and supervising and different, the applicable policies and protecting passengers during refueling; procedures are identified and used. (j) Procedures to be followed by the pilot in command in the briefing under § 91.1025 Program operating manual § 91.1035. contents. (k) Procedures for ensuring compli- Each program operating manual ance with emergency procedures, in- must have the date of the last revision cluding a list of the functions assigned on each revised page. Unless otherwise each category of required crew- authorized by the Administrator, the members in connection with an emer- manual must include the following: gency and emergency evacuation du- (a) Procedures for ensuring compli- ties; ance with aircraft weight and balance (l) The approved aircraft inspection limitations; program, when applicable;

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(m) Procedures for the evacuation of trator, and must make available for in- persons who may need the assistance of spection by the Administrator all of another person to move expeditiously the following: to an exit if an emergency occurs; (1) The program manager’s manage- (n) Procedures for performance plan- ment specifications. ning that take into account take off, (2) A current list of the aircraft used landing and en route conditions; or available for use in operations under (o) An approved Destination Airport this subpart, the operations for which Analysis, when required by § 91.1037(c), each is equipped (for example, RNP5/10, that includes the following elements, RVSM.). supported by aircraft performance data (3) An individual record of each pilot supplied by the aircraft manufacturer used in operations under this subpart, for the appropriate runway condi- including the following information: tions— (i) The full name of the pilot. (1) Pilot qualifications and experi- (ii) The pilot certificate (by type and ence; number) and ratings that the pilot (2) Aircraft performance data to in- holds. clude normal, abnormal and emergency (iii) The pilot’s aeronautical experi- procedures as supplied by the aircraft ence in sufficient detail to determine manufacturer; the pilot’s qualifications to pilot air- (3) Airport facilities and topography; craft in operations under this subpart. (4) Runway conditions (including (iv) The pilot’s current duties and the contamination); date of the pilot’s assignment to those (5) Airport or area weather reporting; duties. (6) Appropriate additional runway safety margins, if required; (v) The effective date and class of the (7) Airplane inoperative equipment; medical certificate that the pilot (8) Environmental conditions; and holds. (9) Other criteria that affect aircraft (vi) The date and result of each of the performance. initial and recurrent competency tests (p) A suitable system (which may in- and proficiency checks required by this clude a coded or electronic system) subpart and the type of aircraft flown that provides for preservation and re- during that test or check. trieval of maintenance recordkeeping (vii) The pilot’s flight time in suffi- information required by § 91.1113 in a cient detail to determine compliance manner acceptable to the Adminis- with the flight time limitations of this trator that provides— subpart. (1) A description (or reference to date (viii) The pilot’s check pilot author- acceptable to the Administrator) of the ization, if any. work performed: (ix) Any action taken concerning the (2) The name of the person per- pilot’s release from employment for forming the work if the work is per- physical or professional disqualifica- formed by a person outside the organi- tion; and zation of the program manager; and (x) The date of the satisfactory com- (3) The name or other positive identi- pletion of initial, transition, upgrade, fication of the individual approving the and differences training and each re- work. current training phase required by this (q) Flight locating and scheduling subpart. procedures; and (4) An individual record for each (r) Other procedures and policy in- flight attendant used in operations structions regarding program oper- under this subpart, including the fol- ations that are issued by the program lowing information: manager or required by the Adminis- (i) The full name of the flight attend- trator. ant, and (ii) The date and result of training § 91.1027 Recordkeeping. required by § 91.1063, as applicable. (a) Each program manager must keep (5) A current list of all fractional at its principal base of operations or at owners and associated aircraft. This other places approved by the Adminis- list or a reference to its location must

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be included in the management speci- that states the name of the entity hav- fications and should be of sufficient de- ing operational control on that flight tail to determine the minimum frac- and the part of this chapter under tional ownership interest of each air- which the flight is operated. The pilot craft. in command of the aircraft must carry (b) Each program manager must keep a copy of the document in the aircraft each record required by paragraph to its destination. The program man- (a)(2) of this section for at least 6 ager must keep a copy of the document months, and must keep each record re- for at least 30 days at its principal op- quired by paragraphs (a)(3) and (a)(4) of erations base, or at another location this section for at least 12 months. used by it and approved by the Admin- When an employee is no longer em- istrator. ployed or affiliated with the program (f) Records may be kept either in manager or fractional owner, each paper or other form acceptable to the record required by paragraphs (a)(3) Administrator. and (a)(4) of this section must be re- (g) Program managers that are also tained for at least 12 months. certificated to operate under part 121 (c) Each program manager is respon- or 135 of this chapter may satisfy the sible for the preparation and accuracy recordkeeping requirements of this sec- of a load manifest in duplicate con- tion and of § 91.1113 with records main- taining information concerning the tained to fulfill equivalent obligations loading of the aircraft. The manifest under part 121 or 135 of this chapter. must be prepared before each takeoff [Docket No. FAA–2001–10047, 68 FR 54561, and must include— Sept. 17, 2003, as amended by Docket FAA– (1) The number of passengers; 2016–9154, Amdt. 91–348, 82 FR 39664, Aug. 22, (2) The total weight of the loaded air- 2017] craft; (3) The maximum allowable takeoff § 91.1029 Flight scheduling and locat- weight for that flight; ing requirements. (4) The center of gravity limits; (a) Each program manager must es- (5) The center of gravity of the load- tablish and use an adequate system to ed aircraft, except that the actual cen- schedule and release program aircraft. ter of gravity need not be computed if (b) Except as provided in paragraph the aircraft is loaded according to a (d) of this section, each program man- loading schedule or other approved ager must have adequate procedures es- method that ensures that the center of tablished for locating each flight, for gravity of the loaded aircraft is within which a flight plan is not filed, that— approved limits. In those cases, an (1) Provide the program manager entry must be made on the manifest in- with at least the information required dicating that the center of gravity is to be included in a VFR flight plan; within limits according to a loading (2) Provide for timely notification of schedule or other approved method; an FAA facility or search and rescue (6) The registration number of the facility, if an aircraft is overdue or aircraft or flight number; missing; and (7) The origin and destination; and (3) Provide the program manager (8) Identification of crewmembers with the location, date, and estimated and their crew position assignments. time for reestablishing radio or tele- (d) The pilot in command of the air- phone communications, if the flight craft for which a load manifest must be will operate in an area where commu- prepared must carry a copy of the com- nications cannot be maintained. pleted load manifest in the aircraft to (c) Flight locating information must its destination. The program manager be retained at the program manager’s must keep copies of completed load principal base of operations, or at manifest for at least 30 days at its prin- other places designated by the program cipal operations base, or at another lo- manager in the flight locating proce- cation used by it and approved by the dures, until the completion of the Administrator. flight. (e) Each program manager is respon- (d) The flight locating requirements sible for providing a written document of paragraph (b) of this section do not

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apply to a flight for which an FAA (4) Any other emergency procedures flight plan has been filed and the flight necessary for safety. plan is canceled within 25 nautical miles of the destination airport. § 91.1035 Passenger awareness. (a) Prior to each takeoff, the pilot in § 91.1031 Pilot in command or second command of an aircraft carrying pas- in command: Designation required. sengers on a program flight must en- (a) Each program manager must des- sure that all passengers have been oral- ignate a— ly briefed on— (1) Pilot in command for each pro- (1) Smoking: Each passenger must be gram flight; and briefed on when, where, and under what (2) Second in command for each pro- conditions smoking is prohibited. This gram flight requiring two pilots. briefing must include a statement, as (b) The pilot in command, as des- appropriate, that the regulations re- ignated by the program manager, must quire passenger compliance with light- remain the pilot in command at all ed passenger information signs and no times during that flight. smoking placards, prohibit smoking in lavatories, and require compliance § 91.1033 Operating information re- with crewmember instructions with re- quired. gard to these items; (a) Each program manager must, for (2) Use of safety belts, shoulder har- all program operations, provide the fol- nesses, and child restraint systems: Each lowing materials, in current and appro- passenger must be briefed on when, priate form, accessible to the pilot at where and under what conditions it is the pilot station, and the pilot must necessary to have his or her safety belt use them— and, if installed, his or her shoulder (1) A cockpit checklist; harness fastened about him or her, and (2) For multiengine aircraft or for if a child is being transported, the ap- aircraft with retractable landing gear, propriate use of child restraint sys- an emergency cockpit checklist con- tems, if available. This briefing must taining the procedures required by include a statement, as appropriate, paragraph (c) of this section, as appro- that the regulations require passenger priate; compliance with the lighted passenger (3) At least one set of pertinent aero- information sign and/or crewmember nautical charts; and instructions with regard to these items; (4) For IFR operations, at least one (3) The placement of seat backs in an set of pertinent navigational en route, upright position before takeoff and terminal area, and instrument ap- landing; proach procedure charts. (4) Location and means for opening (b) Each cockpit checklist required the passenger entry door and emer- by paragraph (a)(1) of this section must gency exits; contain the following procedures: (5) Location of survival equipment; (1) Before starting engines; (6) Ditching procedures and the use of (2) Before takeoff; flotation equipment required under (3) Cruise; § 91.509 for a flight over water; (4) Before landing; (7) The normal and emergency use of (5) After landing; and oxygen installed in the aircraft; and (6) Stopping engines. (8) Location and operation of fire ex- (c) Each emergency cockpit checklist tinguishers. required by paragraph (a)(2) of this sec- (b) Prior to each takeoff, the pilot in tion must contain the following proce- command of an aircraft carrying pas- dures, as appropriate: sengers on a program flight must en- (1) Emergency operation of fuel, hy- sure that each person who may need draulic, electrical, and mechanical sys- the assistance of another person to tems. move expeditiously to an exit if an (2) Emergency operation of instru- emergency occurs and that person’s at- ments and controls. tendant, if any, has received a briefing (3) Engine inoperative procedures. as to the procedures to be followed if

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an evacuation occurs. This paragraph in the Airplane Flight Manual for the does not apply to a person who has elevation of the destination airport and been given a briefing before a previous the wind conditions expected there at leg of that flight in the same aircraft. the time of landing), would allow a full (c) Prior to each takeoff, the pilot in stop landing at the intended destina- command must advise the passengers tion airport within 60 percent of the ef- of the name of the entity in oper- fective length of each runway described ational control of the flight. below from a point 50 feet above the (d) The oral briefings required by intersection of the obstruction clear- paragraphs (a), (b), and (c) of this sec- ance plane and the runway. For the tion must be given by the pilot in com- purpose of determining the allowable mand or another crewmember. landing weight at the destination air- (e) The oral briefing required by port, the following is assumed: paragraph (a) of this section may be de- (1) The airplane is landed on the most livered by means of an approved re- favorable runway and in the most fa- cording playback device that is audible vorable direction, in still air. to each passenger under normal noise (2) The airplane is landed on the most levels. suitable runway considering the prob- (f) The oral briefing required by para- able wind velocity and direction and graph (a) of this section must be sup- the ground handling characteristics of plemented by printed cards that must that airplane, and considering other be carried in the aircraft in locations conditions such as landing aids and ter- convenient for the use of each pas- rain. senger. The cards must— (c) A program manager or other per- (1) Be appropriate for the aircraft on son flying a turbine engine powered which they are to be used; large transport category airplane on a (2) Contain a diagram of, and method program flight may permit that air- of operating, the emergency exits; and plane to take off at a weight in excess (3) Contain other instructions nec- of that allowed by paragraph (b) of this essary for the use of emergency equip- section if all of the following condi- ment on board the aircraft. tions exist: (1) The operation is conducted in ac- § 91.1037 Large transport category air- cordance with an approved Destination planes: Turbine engine powered; Airport Analysis in that person’s pro- Limitations; Destination and alter- gram operating manual that contains nate airports. the elements listed in § 91.1025(o). (a) No program manager or any other (2) The airplane’s weight on arrival, person may permit a turbine engine allowing for normal consumption of powered large transport category air- fuel and oil in flight (in accordance plane on a program flight to take off with the landing distance in the Air- that airplane at a weight that (allow- plane Flight Manual for the elevation ing for normal consumption of fuel and of the destination airport and the wind oil in flight to the destination or alter- conditions expected there at the time nate airport) the weight of the airplane of landing), would allow a full stop on arrival would exceed the landing landing at the intended destination air- weight in the Airplane Flight Manual port within 80 percent of the effective for the elevation of the destination or length of each runway described below alternate airport and the ambient tem- from a point 50 feet above the intersec- perature expected at the time of land- tion of the obstruction clearance plane ing. and the runway. For the purpose of de- (b) Except as provided in paragraph termining the allowable landing weight (c) of this section, no program manager at the destination airport, the fol- or any other person may permit a tur- lowing is assumed: bine engine powered large transport (i) The airplane is landed on the most category airplane on a program flight favorable runway and in the most fa- to take off that airplane unless its vorable direction, in still air. weight on arrival, allowing for normal (ii) The airplane is landed on the consumption of fuel and oil in flight (in most suitable runway considering the accordance with the landing distance probable wind velocity and direction

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and the ground handling characteris- from a source provided by the facility tics of that airplane, and considering designated on the approach chart for other conditions such as landing aids the destination airport. and terrain. (b) For flight planning purposes, if (3) The operation is authorized by the destination airport does not have a management specifications. weather reporting facility described in (d) No program manager or other per- paragraph (a)(1) of this section, the son may select an airport as an alter- pilot must designate as an alternate an nate airport for a turbine engine pow- airport that has a weather reporting ered large transport category airplane facility meeting that criteria. unless (based on the assumptions in (c) The MDA or Decision Altitude paragraph (b) of this section) that air- plane, at the weight expected at the and visibility landing minimums pre- time of arrival, can be brought to a full scribed in part 97 of this chapter or in stop landing within 80 percent of the the program manager’s management effective length of the runway from a specifications are increased by 100 feet point 50 feet above the intersection of and 1⁄2 mile respectively, but not to ex- the obstruction clearance plane and ceed the ceiling and visibility mini- the runway. mums for that airport when used as an (e) Unless, based on a showing of ac- alternate airport, for each pilot in tual operating landing techniques on command of a turbine-powered aircraft wet runways, a shorter landing dis- who has not served at least 100 hours as tance (but never less than that re- pilot in command in that type of air- quired by paragraph (b) or (c) of this craft. section) has been approved for a spe- (d) No person may take off an air- cific type and model airplane and in- craft under IFR from an airport where cluded in the Airplane Flight Manual, weather conditions are at or above no person may take off a turbojet air- takeoff minimums but are below au- plane when the appropriate weather re- thorized IFR landing minimums unless ports or forecasts, or any combination there is an alternate airport within one of them, indicate that the runways at hour’s flying time (at normal cruising the destination or alternate airport speed, in still air) of the airport of de- may be wet or slippery at the esti- parture. mated time of arrival unless the effec- tive runway length at the destination (e) Except as provided in § 91.176 of airport is at least 115 percent of the this chapter, each pilot making an IFR runway length required under para- takeoff or approach and landing at an graph (b) or (c) of this section. airport must comply with applicable instrument approach procedures and § 91.1039 IFR takeoff, approach and takeoff and landing weather minimums landing minimums. prescribed by the authority having ju- (a) No pilot on a program aircraft op- risdiction over the airport. In addition, erating a program flight may begin an no pilot may take off at that airport instrument approach procedure to an when the visibility is less than 600 feet, airport unless— unless otherwise authorized in the pro- (1) Either that airport or the alter- gram manager’s management specifica- nate airport has a weather reporting tions for EFVS operations. facility operated by the U.S. National Weather Service, a source approved by [Docket No. FAA–2001–10047, 68 FR 54561, the U.S. National Weather Service, or a Sept. 17, 2003, as amended by Docket FAA– source approved by the Administrator; 2013–0485, Amdt. 91–345, 81 FR 90175, Dec. 13, 2016] and (2) The latest weather report issued § 91.1041 Aircraft proving and valida- by the weather reporting facility in- tion tests. cludes a current local altimeter setting for the destination airport. If no local (a) No program manager may permit altimeter setting is available at the the operation of an aircraft, other than destination airport, the pilot must ob- a turbojet aircraft, for which two pilots tain the current local altimeter setting are required by the type certification

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requirements of this chapter for oper- the Administrator. Actual flights may ations under VFR, if it has not pre- not be required when an applicant can viously proved such an aircraft in oper- demonstrate competence and compli- ations under this part in at least 25 ance with appropriate regulations hours of proving tests acceptable to the without conducting a flight. Administrator including— (f) Proving tests and validation tests (1) Five hours of night time, if night may be conducted simultaneously flights are to be authorized; when appropriate. (2) Five instrument approach proce- (g) The Administrator may authorize dures under simulated or actual condi- deviations from this section if the Ad- tions, if IFR flights are to be author- ministrator finds that special cir- ized; and cumstances make full compliance with (3) Entry into a representative num- this section unnecessary. ber of en route airports as determined by the Administrator. § 91.1043 [Reserved] (b) No program manager may permit § 91.1045 Additional equipment re- the operation of a turbojet airplane if quirements. it has not previously proved a turbojet No person may operate a program airplane in operations under this part aircraft on a program flight unless the in at least 25 hours of proving tests ac- aircraft is equipped with the fol- ceptable to the Administrator includ- lowing— ing— (a) Airplanes having a passenger-seat (1) Five hours of night time, if night configuration of more than 30 seats or flights are to be authorized; a payload capacity of more than 7,500 (2) Five instrument approach proce- pounds: dures under simulated or actual condi- (1) A cockpit voice recorder as re- tions, if IFR flights are to be author- quired by § 121.359 of this chapter as ap- ized; and plicable to the aircraft specified in (3) Entry into a representative num- that section. ber of en route airports as determined (2) A flight recorder as required by by the Administrator. § 121.343 or § 121.344 of this chapter as (c) No program manager may carry applicable to the aircraft specified in passengers in an aircraft during prov- that section. ing tests, except those needed to make (3) A terrain awareness and warning the tests and those designated by the system as required by § 121.354 of this Administrator to observe the tests. chapter as applicable to the aircraft However, pilot flight training may be specified in that section. conducted during the proving tests. (4) A traffic alert and collision avoid- (d) Validation testing is required to ance system as required by § 121.356 of determine that a program manager is this chapter as applicable to the air- capable of conducting operations safely craft specified in that section. and in compliance with applicable reg- (5) Airborne weather radar as re- ulatory standards. Validation tests are quired by § 121.357 of this chapter, as required for the following authoriza- applicable to the aircraft specified in tions: that section. (1) The addition of an aircraft for (b) Airplanes having a passenger-seat which two pilots are required for oper- configuration of 30 seats or fewer, ex- ations under VFR or a turbojet air- cluding each crewmember, and a pay- plane, if that aircraft or an aircraft of load capacity of 7,500 pounds or less, the same make or similar design has and any rotorcraft (as applicable): not been previously proved or validated (1) A cockpit voice recorder as re- in operations under this part. quired by § 135.151 of this chapter as ap- (2) Operations outside U.S. airspace. plicable to the aircraft specified in (3) Class II navigation authoriza- that section. tions. (2) A flight recorder as required by (4) Special performance or oper- § 135.152 of this chapter as applicable to ational authorizations. the aircraft specified in that section. (e) Validation tests must be accom- (3) A terrain awareness and warning plished by test methods acceptable to system as required by § 135.154 of this

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chapter as applicable to the aircraft nance is required, the program man- specified in that section. ager may use persons not meeting the (4) A traffic alert and collision avoid- requirements of paragraphs (a) or (b) of ance system as required by § 135.180 of this section to provide such emergency this chapter as applicable to the air- maintenance under both of the fol- craft specified in that section. lowing conditions: (5) As applicable to the aircraft speci- (1) The program manager must notify fied in that section, either: the Drug Abatement Program Division, (i) Airborne thunderstorm detection AAM–800, 800 Independence Avenue, equipment as required by § 135.173 of SW., Washington, DC 20591 in writing this chapter; or within 10 days after being provided (ii) Airborne weather radar as re- emergency maintenance in accordance quired by § 135.175 of this chapter. with this paragraph. The program man- ager must retain copies of all such § 91.1047 Drug and alcohol misuse edu- written notifications for two years. cation program. (2) The aircraft must be reinspected (a) Each program manager must pro- by maintenance personnel who meet vide each direct employee performing the requirements of paragraph (a) or flight crewmember, flight attendant, (b) of this section when the aircraft is flight instructor, or aircraft mainte- next at an airport where such mainte- nance duties with drug and alcohol nance personnel are available. misuse education. (e) For purposes of this section, (b) No program manager may use any emergency maintenance means main- contract employee to perform flight tenance that— crewmember, flight attendant, flight (1) Is not scheduled, and instructor, or aircraft maintenance du- (2) Is made necessary by an aircraft ties for the program manager unless condition not discovered prior to the that contract employee has been pro- departure for that location. vided with drug and alcohol misuse (f) Notwithstanding paragraphs (a) education. and (b) of this section, drug and alcohol (c) Program managers must disclose misuse education conducted under an to their owners and prospective owners FAA-approved drug and alcohol misuse the existence of a company drug and prevention program may be used to alcohol misuse testing program. If the satisfy these requirements. program manager has implemented a [Doc. No. FAA–2001–10047, 68 FR 54561, Sept. company testing program, the program 17, 2003, as amended by Amdt. 91–307, 74 FR manager’s disclosure must include the 22653, May 14, 2009] following: (1) Information on the substances § 91.1049 Personnel. that they test for, for example, alcohol (a) Each program manager and each and a list of the drugs; fractional owner must use in program (2) The categories of employees test- operations on program aircraft flight ed, the types of tests, for example, pre- crews meeting § 91.1053 criteria and employment, random, reasonable qualified under the appropriate regula- cause/suspicion, post accident, return tions. The program manager must pro- to duty and follow-up; and vide oversight of those crews. (3) The degree to which the program (b) Each program manager must em- manager’s company testing program is ploy (either directly or by contract) an comparable to the federally mandated adequate number of pilots per program drug and alcohol testing program re- aircraft. Flight crew staffing must be quired under part 120 of this chapter re- determined based on the following fac- garding the information in paragraphs tors, at a minimum: (c)(1) and (c)(2) of this section. (1) Number of program aircraft. (d) If a program aircraft is operated (2) Program manager flight, duty, on a program flight into an airport at and rest time considerations, and in all which no maintenance personnel are cases within the limits set forth in available that are subject to the re- §§ 91.1057 through 91.1061. quirements of paragraphs (a) or (b) of (3) Vacations. this section and emergency mainte- (4) Operational efficiencies.

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(5) Training. ing a specific party and without regard (6) Single pilot operations, if author- to whether the individual has partici- ized by deviation under paragraph (d) pated in, or had responsibility for, the of this section. particular matter while serving as a (c) Each program manager must pub- Flight Standards Service aviation safe- lish pilot and flight attendant duty ty inspector. schedules sufficiently in advance to (c) The provisions of this section do follow the flight, duty, and rest time not prohibit a fractional owner or frac- limits in §§ 91.1057 through 91.1061 in tional ownership program manager program operations. from knowingly employing or making (d) Unless otherwise authorized by a contractual arrangement which per- the Administrator, when any program mits an individual to act as an agent or aircraft is flown in program operations representative of the fractional owner with passengers onboard, the crew or fractional ownership program man- must consist of at least two qualified ager in any matter before the Federal pilots employed or contracted by the Aviation Administration if the indi- program manager or the fractional vidual was employed by the fractional owner. owner or fractional ownership program (e) The program manager must en- manager before October 21, 2011. sure that trained and qualified sched- uling or flight release personnel are on [Doc. No. FAA–2008–1154, 76 FR 52235, Aug. 22, 2011] duty to schedule and release program aircraft during all hours that such air- § 91.1051 Pilot safety background craft are available for program oper- check. ations. Within 90 days of an individual begin- § 91.1050 Employment of former FAA ning service as a pilot, the program employees. manager must request the following in- (a) Except as specified in paragraph formation: (c) of this section, no fractional owner (a) FAA records pertaining to— or fractional ownership program man- (1) Current pilot certificates and as- ager may knowingly employ or make a sociated type ratings. contractual arrangement which per- (2) Current medical certificates. mits an individual to act as an agent or (3) Summaries of legal enforcement representative of the fractional owner actions resulting in a finding by the or fractional ownership program man- Administrator of a violation. ager in any matter before the Federal (b) Records from all previous employ- Aviation Administration if the indi- ers during the five years preceding the vidual, in the preceding 2 years— date of the employment application (1) Served as, or was directly respon- where the applicant worked as a pilot. sible for the oversight of, a Flight If any of these firms are in bankruptcy, Standards Service aviation safety in- the records must be requested from the spector; and trustees in bankruptcy for those em- (2) Had direct responsibility to in- ployees. If the previous employer is no spect, or oversee the inspection of, the longer in business, a documented good operations of the fractional owner or faith effort must be made to obtain the fractional ownership program manager. records. Records from previous employ- (b) For the purpose of this section, an ers must include, as applicable— individual shall be considered to be (1) Crew member records. acting as an agent or representative of (2) Drug testing—collection, testing, a fractional owner or fractional owner- and rehabilitation records pertaining ship program manager in a matter be- to the individual. fore the agency if the individual makes (3) Alcohol misuse prevention pro- any written or oral communication on gram records pertaining to the indi- behalf of the fractional owner or frac- vidual. tional ownership program manager to (4) The applicant’s individual record the agency (or any of its officers or em- that includes certifications, ratings, ployees) in connection with a par- aeronautical experience, effective date ticular matter, whether or not involv- and class of the medical certificate.

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§ 91.1053 Crewmember experience. ation authority issued under this para- graph. (a) No program manager or owner may use any person, nor may any per- [Docket No. FAA–2001–10047, 68 FR 54561, son serve, as a pilot in command or Sept. 17, 2003, as amended by Docket FAA– second in command of a program air- 2018–0119, Amdt. 91–350, 83 FR 9171, Mar. 5, craft, or as a flight attendant on a pro- 2018] gram aircraft, in program operations § 91.1055 Pilot operating limitations under this subpart unless that person and pairing requirement. has met the applicable requirements of part 61 of this chapter and has the fol- (a) If the second in command of a lowing experience and ratings: fixed-wing program aircraft has fewer (1) Total flight time for all pilots: than 100 hours of flight time as second (i) Pilot in command—A minimum of in command flying in the aircraft 1,500 hours. make and model and, if a type rating is (ii) Second in command—A minimum required, in the type aircraft being of 500 hours. flown, and the pilot in command is not an appropriately qualified check pilot, (2) For multi-engine turbine-powered the pilot in command shall make all fixed-wing and powered-lift aircraft, takeoffs and landings in any of the fol- the following FAA certification and lowing situations: ratings requirements: (1) Landings at the destination air- (i) Pilot in command—Airline trans- port when a Destination Airport Anal- port pilot and applicable type ratings. ysis is required by § 91.1037(c); and (ii) Second in command—Commercial (2) In any of the following conditions: pilot and instrument ratings. (i) The prevailing visibility for the (iii) Flight attendant (if required or airport is at or below 3⁄4 mile. used)—Appropriately trained per- sonnel. (ii) The runway visual range for the runway to be used is at or below 4,000 (3) For all other aircraft, the fol- feet. lowing FAA certification and rating re- quirements: (iii) The runway to be used has water, snow, slush, ice or similar con- (i) Pilot in command—Commercial tamination that may adversely affect pilot and instrument ratings. aircraft performance. (ii) Second in command—Commercial (iv) The braking action on the run- pilot and instrument ratings. way to be used is reported to be less (iii) Flight attendant (if required or than ‘‘good.’’ used)—Appropriately trained per- (v) The crosswind component for the sonnel. runway to be used is in excess of 15 (b) The Administrator may authorize knots. deviations from paragraph (a)(1) of this (vi) Windshear is reported in the vi- section if the Flight Standards office cinity of the airport. that issued the program manager’s management specifications finds that (vii) Any other condition in which the crewmember has comparable expe- the pilot in command determines it to rience, and can effectively perform the be prudent to exercise the pilot in com- functions associated with the position mand’s authority. in accordance with the requirements of (b) No program manager may release this chapter. Grants of deviation under a program flight under this subpart un- this paragraph may be granted after less, for that aircraft make or model consideration of the size and scope of and, if a type rating is required, for the operation, the qualifications of the that type aircraft, either the pilot in intended personnel and the cir- command or the second in command cumstances set forth in § 91.1055(b)(1) has at least 75 hours of flight time, ei- through (3). The Administrator may, at ther as pilot in command or second in any time, terminate any grant of devi- command. The Administrator may,

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upon application by the program man- crew complement under the program ager, authorize deviations from the re- manager’s management specifications quirements of this paragraph by an ap- or in addition to that minimum com- propriate amendment to the manage- plement, to duty in an aircraft during ment specifications in any of the fol- flight time and whose duties include lowing circumstances: but are not necessarily limited to (1) A newly authorized program man- cabin-safety-related responsibilities. ager does not employ any pilots who Multi-time zone flight means an eas- meet the minimum requirements of terly or westerly flight or multiple this paragraph. flights in one direction in the same (2) An existing program manager duty period that results in a time zone adds to its fleet a new category and difference of 5 or more hours and is class aircraft not used before in its op- conducted in a geographic area that is eration. south of 60 degrees north latitude and (3) An existing program manager es- north of 60 degrees south latitude. tablishes a new base to which it assigns pilots who will be required to become Reserve status means that status in qualified on the aircraft operated from which a flight crewmember, by ar- that base. rangement with the program manager: (c) No person may be assigned in the Holds himself or herself fit to fly to the capacity of pilot in command in a pro- extent that this is within the control gram operation to more than two air- of the flight crewmember; remains craft types that require a separate type within a reasonable response time of rating. the aircraft as agreed between the flight crewmember and the program § 91.1057 Flight, duty and rest time re- manager; and maintains a ready means quirements: All crewmembers. whereby the flight crewmember may be (a) For purposes of this subpart— contacted by the program manager. Augmented flight crew means at least Reserve status is not part of any duty three pilots. period or rest period. Calendar day means the period of Rest period means a period of time re- elapsed time, using Coordinated Uni- quired pursuant to this subpart that is versal Time or local time that begins free of all responsibility for work or at midnight and ends 24 hours later at duty prior to the commencement of, or the next midnight. following completion of, a duty period, Duty period means the period of and during which the flight crew- elapsed time between reporting for an member or flight attendant cannot be assignment involving flight time and required to receive contact from the release from that assignment by the program manager. A rest period does program manager. All time between not include any time during which the these two points is part of the duty pe- program manager imposes on a flight riod, even if flight time is interrupted crewmember or flight attendant any by nonflight-related duties. The time is duty or restraint, including any actual calculated using either Coordinated Universal Time or local time to reflect work or present responsibility for work the total elapsed time. should the occasion arise. Extension of flight time means an in- Standby means that portion of a duty crease in the flight time because of cir- period during which a flight crew- cumstances beyond the control of the member is subject to the control of the program manager or flight crew- program manager and holds himself or member (such as adverse weather) that herself in a condition of readiness to are not known at the time of departure undertake a flight. Standby is not part and that prevent the flightcrew from of any rest period. reaching the destination within the (b) A program manager may assign a planned flight time. crewmember and a crewmember may Flight attendant means an individual, accept an assignment for flight time other than a flight crewmember, who is only when the applicable requirements assigned by the program manager, in of this section and §§ 91.1059–91.1062 are accordance with the required minimum met.

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(c) No program manager may assign (i) Any rest period required by this any crewmember to any duty during subpart may occur concurrently with any required rest period. any other rest period. (d) Time spent in transportation, not (j) If authorized by the Adminis- local in character, that a program trator, a program manager may use the manager requires of a crewmember and applicable unscheduled flight time lim- provides to transport the crewmember itations, duty period limitations, and to an airport at which he or she is to rest requirements of part 121 or part 135 serve on a flight as a crewmember, or of this chapter instead of the flight from an airport at which he or she was time limitations, duty period limita- tions, and rest requirements of this relieved from duty to return to his or subpart. her home station, is not considered part of a rest period. § 91.1059 Flight time limitations and (e) A flight crewmember may con- rest requirements: One or two pilot tinue a flight assignment if the flight crews. to which he or she is assigned would (a) No program manager may assign normally terminate within the flight any flight crewmember, and no flight time limitations, but because of cir- crewmember may accept an assign- cumstances beyond the control of the ment, for flight time as a member of a program manager or flight crew- one- or two-pilot crew if that crew- member (such as adverse weather con- member’s total flight time in all com- ditions), is not at the time of departure mercial flying will exceed— expected to reach its destination with- (1) 500 hours in any calendar quarter; in the planned flight time. The exten- (2) 800 hours in any two consecutive sion of flight time under this para- calendar quarters; graph may not exceed the maximum (3) 1,400 hours in any calendar year. time limits set forth in § 91.1059. (b) Except as provided in paragraph (f) Each flight assignment must pro- (c) of this section, during any 24 con- vide for at least 10 consecutive hours of secutive hours the total flight time of the assigned flight, when added to any rest during the 24-hour period that pre- commercial flying by that flight crew- cedes the completion time of the as- member, may not exceed— signment. (1) 8 hours for a flight crew con- (g) The program manager must pro- sisting of one pilot; or vide each crewmember at least 13 rest (2) 10 hours for a flight crew con- periods of at least 24 consecutive hours sisting of two pilots qualified under each in each calendar quarter. this subpart for the operation being (h) A flight crewmember may decline conducted. a flight assignment if, in the flight (c) No program manager may assign crewmember’s determination, to do so any flight crewmember, and no flight would not be consistent with the stand- crewmember may accept an assign- ard of safe operation required under ment, if that crewmember’s flight time this subpart, this part, and applicable or duty period will exceed, or rest time provisions of this title. will be less than—

Normal duty Extension of flight time

(1) Minimum Rest Immediately Before Duty ...... 10 Hours ...... 10 Hours. (2) Duty Period ...... Up to 14 Hours Up to 14 Hours. (3) Flight Time For 1 Pilot ...... Up to 8 Hours ... Exceeding 8 Hours up to 9 Hours. (4) Flight Time For 2 Pilots ...... Up to 10 Hours Exceeding 10 Hours up to 12 Hours. (5) Minimum After Duty Rest ...... 10 Hours ...... 12 Hours. (6) Minimum After Duty Rest Period for Multi-Time Zone Flights ...... 14 Hours ...... 18 Hours.

§ 91.1061 Augmented flight crews. ment, for flight time as a member of an augmented crew if that crewmember’s (a) No program manager may assign total flight time in all commercial fly- any flight crewmember, and no flight ing will exceed— crewmember may accept an assign-

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(1) 500 hours in any calendar quarter; (iii) A second in command (SIC) who (2) 800 hours in any two consecutive meets the SIC qualifications of this calendar quarters; subpart. For flight under IFR, that per- (3) 1,400 hours in any calendar year. son must also meet the recent instru- (b) No program manager may assign ment experience requirements of part any pilot to an augmented crew, unless 61 of this chapter. the program manager ensures: (4) For a four-pilot crew, at least (1) Adequate sleeping facilities are three pilots who meet the conditions of installed on the aircraft for the pilots. paragraph (b)(3) of this section, plus a (2) No more than 8 hours of flight deck duty is accrued in any 24 consecu- fourth pilot who meets the SIC quali- tive hours. fications of this subpart. For flight (3) For a three-pilot crew, the crew under IFR, that person must also meet must consist of at least the following: the recent instrument experience re- (i) A pilot in command (PIC) who quirements of part 61 of this chapter. meets the applicable flight crew- (c) No program manager may assign member requirements of this subpart any flight crewmember, and no flight and § 61.57 of this chapter. crewmember may accept an assign- (ii) A PIC qualified pilot who meets ment, if that crewmember’s flight time the applicable flight crewmember re- or duty period will exceed, or rest time quirements of this subpart and § 61.57(c) will be less than— and (d) of this chapter.

3-Pilot crew 4-Pilot crew

(1) Minimum Rest Immediately Before Duty ...... 10 Hours ...... 10 Hours (2) Duty Period ...... Up to 16 Hours ...... Up to 18 Hours (3) Flight Time ...... Up to 12 Hours ...... Up to 16 Hours (4) Minimum After Duty Rest ...... 12 Hours ...... 18 Hours (5) Minimum After Duty Rest Period for Multi-Time Zone Flights ...... 18 hours ...... 24 hours

§ 91.1062 Duty periods and rest re- hours if the flight attendant is pro- quirements: Flight attendants. vided a subsequent rest period of at least 10 consecutive hours; this subse- (a) Except as provided in paragraph quent rest period must be scheduled to (b) of this section, a program manager begin no later than 24 hours after the may assign a duty period to a flight at- beginning of the reduced rest period tendant only when the assignment and must occur between the comple- meets the applicable duty period limi- tion of the scheduled duty period and tations and rest requirements of this the commencement of the subsequent paragraph. duty period. (1) Except as provided in paragraphs (4) A program manager may assign a (a)(4), (a)(5), and (a)(6) of this section, flight attendant to a scheduled duty no program manager may assign a period of more than 14 hours, but no flight attendant to a scheduled duty more than 16 hours, if the program period of more than 14 hours. manager has assigned to the flight or (2) Except as provided in paragraph flights in that duty period at least one (a)(3) of this section, a flight attendant flight attendant in addition to the min- scheduled to a duty period of 14 hours imum flight attendant complement re- or less as provided under paragraph quired for the flight or flights in that (a)(1) of this section must be given a duty period under the program man- scheduled rest period of at least 9 con- ager’s management specifications. secutive hours. This rest period must (5) A program manager may assign a occur between the completion of the flight attendant to a scheduled duty scheduled duty period and the com- period of more than 16 hours, but no mencement of the subsequent duty pe- more than 18 hours, if the program riod. manager has assigned to the flight or (3) The rest period required under flights in that duty period at least two paragraph (a)(2) of this section may be flight attendants in addition to the scheduled or reduced to 8 consecutive minimum flight attendant complement

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required for the flight or flights in that under this part provided that the pro- duty period under the program man- gram manager establishes written pro- ager’s management specifications. cedures that— (6) A program manager may assign a (1) Apply to all flight attendants used flight attendant to a scheduled duty in the program manager’s operation; period of more than 18 hours, but no (2) Include the flight crewmember more than 20 hours, if the scheduled rest and duty requirements of §§ 91.1057, duty period includes one or more 91.1059, and 91.1061, as appropriate to flights that land or take off outside the the operation being conducted, except 48 contiguous states and the District of that rest facilities on board the air- Columbia, and if the program manager craft are not required; has assigned to the flight or flights in (3) Include provisions to add one that duty period at least three flight flight attendant to the minimum flight attendants in addition to the minimum attendant complement for each flight flight attendant complement required crewmember who is in excess of the for the flight or flights in that duty pe- minimum number required in the air- riod under the program manager’s craft type certificate data sheet and management specifications. who is assigned to the aircraft under (7) Except as provided in paragraph the provisions of § 91.1061; and (a)(8) of this section, a flight attendant (4) Are approved by the Adminis- scheduled to a duty period of more trator and described or referenced in than 14 hours but no more than 20 the program manager’s management hours, as provided in paragraphs (a)(4), specifications. (a)(5), and (a)(6) of this section, must be given a scheduled rest period of at least § 91.1063 Testing and training: Appli- 12 consecutive hours. This rest period cability and terms used. must occur between the completion of the scheduled duty period and the com- (a) Sections 91.1065 through 91.1107: mencement of the subsequent duty pe- (1) Prescribe the tests and checks re- riod. quired for pilots and flight attendant (8) The rest period required under crewmembers and for the approval of paragraph (a)(7) of this section may be check pilots in operations under this scheduled or reduced to 10 consecutive subpart; hours if the flight attendant is pro- (2) Prescribe the requirements for es- vided a subsequent rest period of at tablishing and maintaining an ap- least 14 consecutive hours; this subse- proved training program for crew- quent rest period must be scheduled to members, check pilots and instructors, begin no later than 24 hours after the and other operations personnel em- beginning of the reduced rest period ployed or used by the program manager and must occur between the comple- in program operations; tion of the scheduled duty period and (3) Prescribe the requirements for the the commencement of the subsequent qualification, approval and use of air- duty period. craft simulators and flight training de- (9) Notwithstanding paragraphs vices in the conduct of an approved (a)(4), (a)(5), and (a)(6) of this section, if training program; and a program manager elects to reduce (4) Permits training center personnel the rest period to 10 hours as author- authorized under part 142 of this chap- ized by paragraph (a)(8) of this section, ter who meet the requirements of the program manager may not sched- § 91.1075 to conduct training, testing ule a flight attendant for a duty period and checking under contract or other of more than 14 hours during the 24- arrangements to those persons subject hour period commencing after the be- to the requirements of this subpart. ginning of the reduced rest period. (b) If authorized by the Adminis- (b) Notwithstanding paragraph (a) of trator, a program manager may com- this section, a program manager may ply with the applicable training and apply the flight crewmember flight testing sections of part 121, subparts N time and duty limitations and rest re- and O of this chapter instead of quirements of this part to flight at- §§ 91.1065 through 91.1107, provided that tendants for all operations conducted the following additional limitations

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and allowances apply to program man- qualified and served in the same capac- agers so authorized: ity on an aircraft. (1) Operating experience and operations (2) Transition training. The training familiarization. Program managers are required for crewmembers who have not required to comply with the oper- qualified and served in the same capac- ating experience requirements of ity on another aircraft. § 121.434 or the operations familiariza- (3) Upgrade training. The training re- tion requirements of § 121.435 of this quired for crewmembers who have chapter. qualified and served as second in com- (2) Upgrade training. (i) Each program mand on a particular aircraft type, be- manager must include in upgrade fore they serve as pilot in command on ground training for pilots, instruction that aircraft. in at least the subjects identified in (4) Differences training. The training § 121.419(a) of this chapter, as applicable required for crewmembers who have to their assigned duties; and, for pilots qualified and served on a particular serving in crews of two or more pilots, type aircraft, when the Administrator beginning on April 27, 2022, instruction finds differences training is necessary and facilitated discussion in the sub- before a crewmember serves in the jects identified in § 121.419(c) of this same capacity on a particular vari- chapter. ation of that aircraft. (ii) Each program manager must in- (5) Recurrent training. The training clude in upgrade flight training for pi- required for crewmembers to remain lots, flight training for the maneuvers adequately trained and currently pro- and procedures required in § 121.424(a), ficient for each aircraft crewmember (c), (e), and (f) of this chapter; and, for position, and type of operation in pilots serving in crews of two or more which the crewmember serves. pilots, beginning on April 27, 2022, the (6) In flight. The maneuvers, proce- flight training required in § 121.424(b) of dures, or functions that will be con- this chapter. ducted in the aircraft. (3) Initial and recurrent leadership and (7) Training center. An organization command and mentoring training. Pro- governed by the applicable require- gram managers are not required to in- ments of part 142 of this chapter that clude leadership and command training conducts training, testing, and check- in §§ 121.409(b)(2)(ii)(B)(6), 121.419(c)(1), ing under contract or other arrange- 121.424(b) and 121.427(d)(1) of this chap- ment to program managers subject to ter, and mentoring training in the requirements of this subpart. §§ 121.419(c)(2) and 121.427(d)(1) of this (8) Requalification training. The train- chapter in initial and recurrent train- ing required for crewmembers pre- ing for pilots in command who serve in viously trained and qualified, but who operations that use only one pilot. have become unqualified because of not (4) One-time leadership and command having met within the required period and mentoring training. Section 121.429 any of the following: of this chapter does not apply to pro- (i) Recurrent crewmember training gram managers conducting operations requirements of § 91.1107. under this subpart when those oper- (ii) Instrument proficiency check re- ations use only one pilot. quirements of § 91.1069. (c) If authorized by the Adminis- (iii) Testing requirements of § 91.1065. trator, a program manager may com- (iv) Recurrent flight attendant test- ply with the applicable training and ing requirements of § 91.1067. testing sections of subparts G and H of [Docket No. FAA–2001–10047, 68 FR 54561, part 135 of this chapter instead of Sept. 17, 2003, as amended by Amdt. 61-144, 85 §§ 91.1065 through 91.1107, except for the FR 10920, Feb. 25, 2020] operating experience requirements of § 135.244 of this chapter. § 91.1065 Initial and recurrent pilot (d) For the purposes of this subpart, testing requirements. the following terms and definitions (a) No program manager or owner apply: may use a pilot, nor may any person (1) Initial training. The training re- serve as a pilot, unless, since the begin- quired for crewmembers who have not ning of the 12th month before that

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service, that pilot has passed either a passed a competency check given by written or oral test (or a combination), the Administrator or an authorized given by the Administrator or an au- check pilot in that class of aircraft, if thorized check pilot, on that pilot’s single-engine aircraft other than tur- knowledge in the following areas— bojet, or that type of aircraft, if rotor- (1) The appropriate provisions of craft, multiengine aircraft, or turbojet parts 61 and 91 of this chapter and the airplane, to determine the pilot’s com- management specifications and the op- petence in practical skills and tech- erating manual of the program man- niques in that aircraft or class of air- ager; craft. The extent of the competency (2) For each type of aircraft to be check will be determined by the Ad- flown by the pilot, the aircraft power- ministrator or authorized check pilot plant, major components and systems, conducting the competency check. The major appliances, performance and op- erating limitations, standard and competency check may include any of emergency operating procedures, and the maneuvers and procedures cur- the contents of the accepted operating rently required for the original manual or equivalent, as applicable; issuance of the particular pilot certifi- (3) For each type of aircraft to be cate required for the operations au- flown by the pilot, the method of deter- thorized and appropriate to the cat- mining compliance with weight and egory, class and type of aircraft in- balance limitations for takeoff, landing volved. For the purposes of this para- and en route operations; graph, type, as to an airplane, means (4) Navigation and use of air naviga- any one of a group of airplanes deter- tion aids appropriate to the operation mined by the Administrator to have a or pilot authorization, including, when similar means of propulsion, the same applicable, instrument approach facili- manufacturer, and no significantly dif- ties and procedures; ferent handling or flight characteris- (5) Air traffic control procedures, in- tics. For the purposes of this para- cluding IFR procedures when applica- graph, type, as to a rotorcraft, means a ble; basic make and model. (6) Meteorology in general, including (c) The instrument proficiency check the principles of frontal systems, icing, required by § 91.1069 may be substituted fog, thunderstorms, and windshear, for the competency check required by and, if appropriate for the operation of this section for the type of aircraft the program manager, high altitude used in the check. weather; (7) Procedures for— (d) For the purpose of this subpart, (i) Recognizing and avoiding severe competent performance of a procedure weather situations; or maneuver by a person to be used as (ii) Escaping from severe weather sit- a pilot requires that the pilot be the uations, in case of inadvertent encoun- obvious master of the aircraft, with the ters, including low-altitude windshear successful outcome of the maneuver (except that rotorcraft aircraft pilots never in doubt. are not required to be tested on escap- (e) The Administrator or authorized ing from low-altitude windshear); and check pilot certifies the competency of (iii) Operating in or near thunder- each pilot who passes the knowledge or storms (including best penetration al- flight check in the program manager’s titudes), turbulent air (including clear pilot records. air turbulence), icing, hail, and other (f) All or portions of a required com- potentially hazardous meteorological petency check may be given in an air- conditions; and craft simulator or other appropriate (8) New equipment, procedures, or training device, if approved by the Ad- techniques, as appropriate. ministrator. (b) No program manager or owner (g) If the program manager is author- may use a pilot, nor may any person serve as a pilot, in any aircraft unless, ized to conduct EFVS operations, the since the beginning of the 12th month competency check in paragraph (b) of before that service, that pilot has

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this section must include tasks appro- ice, that pilot has passed an instru- priate to the EFVS operations the cer- ment proficiency check under this sec- tificate holder is authorized to con- tion administered by the Adminis- duct. trator or an authorized check pilot. (b) No program manager or owner [Docket No. FAA–2001–10047, 68 FR 54561, Sept. 17, 2003, as amended by Docket FAA– may use a pilot, nor may any person 2013–0485, Amdt. 91–345, 81 FR 90175, Dec. 13, serve, as a second command pilot of an 2016] aircraft under IFR unless, since the be- ginning of the 12th month before that § 91.1067 Initial and recurrent flight service, that pilot has passed an instru- attendant crewmember testing re- ment proficiency check under this sec- quirements. tion administered by the Adminis- No program manager or owner may trator or an authorized check pilot. use a flight attendant crewmember, (c) No pilot may use any type of pre- nor may any person serve as a flight cision instrument approach procedure attendant crewmember unless, since under IFR unless, since the beginning the beginning of the 12th month before of the 6th month before that use, the that service, the program manager has pilot satisfactorily demonstrated that determined by appropriate initial and type of approach procedure. No pilot recurrent testing that the person is may use any type of nonprecision ap- knowledgeable and competent in the proach procedure under IFR unless, following areas as appropriate to as- since the beginning of the 6th month signed duties and responsibilities— before that use, the pilot has satisfac- (a) Authority of the pilot in com- torily demonstrated either that type of mand; approach procedure or any other two (b) Passenger handling, including different types of nonprecision ap- procedures to be followed in handling proach procedures. The instrument ap- deranged persons or other persons proach procedure or procedures must whose conduct might jeopardize safety; include at least one straight-in ap- (c) Crewmember assignments, func- proach, one circling approach, and one tions, and responsibilities during ditch- missed approach. Each type of ap- ing and evacuation of persons who may proach procedure demonstrated must need the assistance of another person be conducted to published minimums to move expeditiously to an exit in an for that procedure. emergency; (d) The instrument proficiency (d) Briefing of passengers; checks required by paragraphs (a) and (e) Location and operation of port- (b) of this section consists of either an able fire extinguishers and other items oral or written equipment test (or a of emergency equipment; combination) and a flight check under (f) Proper use of cabin equipment and simulated or actual IFR conditions. controls; The equipment test includes questions (g) Location and operation of pas- on emergency procedures, engine oper- senger oxygen equipment; ation, fuel and lubrication systems, (h) Location and operation of all nor- power settings, stall speeds, best en- mal and emergency exits, including gine-out speed, propeller and super- evacuation slides and escape ropes; and charger operations, and hydraulic, me- (i) Seating of persons who may need chanical, and electrical systems, as ap- assistance of another person to move propriate. The flight check includes rapidly to an exit in an emergency as navigation by instruments, recovery prescribed by the program manager’s from simulated emergencies, and operations manual. standard instrument approaches in- volving navigational facilities which § 91.1069 Flight crew: Instrument pro- that pilot is to be authorized to use. ficiency check requirements. (e) Each pilot taking the instrument (a) No program manager or owner proficiency check must show that may use a pilot, nor may any person standard of competence required by serve, as a pilot in command of an air- § 91.1065(d). craft under IFR unless, since the begin- (1) The instrument proficiency check ning of the 6th month before that serv- must—

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(i) For a pilot in command of an air- completed the test or check in the craft requiring that the PIC hold an month in which it is required. airline transport pilot certificate, in- (b) If a pilot being checked under this clude the procedures and maneuvers for subpart fails any of the required ma- an airline transport pilot certificate in neuvers, the person giving the check the particular type of aircraft, if appro- may give additional training to the priate; and pilot during the course of the check. In (ii) For a pilot in command of a addition to repeating the maneuvers rotorcraft or a second in command of failed, the person giving the check may any aircraft requiring that the SIC require the pilot being checked to re- hold a commercial pilot certificate in- peat any other maneuvers that are nec- clude the procedures and maneuvers for essary to determine the pilot’s pro- a commercial pilot certificate with an ficiency. If the pilot being checked is instrument rating and, if required, for unable to demonstrate satisfactory the appropriate type rating. performance to the person conducting (2) The instrument proficiency check the check, the program manager may must be given by an authorized check not use the pilot, nor may the pilot pilot or by the Administrator. serve, as a flight crewmember in oper- ations under this subpart until the (f) If the pilot is assigned to pilot pilot has satisfactorily completed the only one type of aircraft, that pilot check. If a pilot who demonstrates un- must take the instrument proficiency satisfactory performance is employed check required by paragraph (a) of this as a pilot for a certificate holder oper- section in that type of aircraft. ating under part 121, 125, or 135 of this (g) If the pilot in command is as- chapter, he or she must notify that cer- signed to pilot more than one type of tificate holder of the unsatisfactory aircraft, that pilot must take the in- performance. strument proficiency check required by paragraph (a) of this section in each § 91.1073 Training program: General. type of aircraft to which that pilot is (a) Each program manager must have assigned, in rotation, but not more a training program and must: than one flight check during each pe- (1) Establish, obtain the appropriate riod described in paragraph (a) of this initial and final approval of, and pro- section. vide a training program that meets (h) If the pilot in command is as- this subpart and that ensures that each signed to pilot both single-engine and crewmember, including each flight at- multiengine aircraft, that pilot must tendant if the program manager uses a initially take the instrument pro- flight attendant crewmember, flight ficiency check required by paragraph instructor, check pilot, and each per- (a) of this section in a multiengine air- son assigned duties for the carriage and craft, and each succeeding check alter- handling of hazardous materials (as de- nately in single-engine and multien- fined in 49 CFR 171.8) is adequately gine aircraft, but not more than one trained to perform these assigned du- flight check during each period de- ties. scribed in paragraph (a) of this section. (2) Provide adequate ground and (i) All or portions of a required flight flight training facilities and properly check may be given in an aircraft sim- qualified ground instructors for the ulator or other appropriate training de- training required by this subpart. vice, if approved by the Administrator. (3) Provide and keep current for each aircraft type used and, if applicable, § 91.1071 Crewmember: Tests and the particular variations within the checks, grace provisions, training aircraft type, appropriate training ma- to accepted standards. terial, examinations, forms, instruc- (a) If a crewmember who is required tions, and procedures for use in con- to take a test or a flight check under ducting the training and checks re- this subpart, completes the test or quired by this subpart. flight check in the month before or (4) Provide enough flight instructors, after the month in which it is required, check pilots, and simulator instructors that crewmember is considered to have to conduct required flight training and

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flight checks, and simulator training ing session may be the flight training courses allowed under this subpart. portion of any of the pilot training or (b) Whenever a crewmember who is check requirements of this subpart, in- required to take recurrent training cluding the initial, transition, upgrade, under this subpart completes the train- requalification, differences, or recur- ing in the month before, or the month rent training, or the accomplishment after, the month in which that training of a competency check or instrument is required, the crewmember is consid- proficiency check. If there is no ap- ered to have completed it in the month proved simulator for that aircraft type in which it was required. in operation, then all flight training (c) Each instructor, supervisor, or and checking must be accomplished in check pilot who is responsible for a the aircraft. particular ground training subject, seg- ment of flight training, course of train- § 91.1075 Training program: Special ing, flight check, or competence check rules. under this subpart must certify as to the proficiency and knowledge of the Other than the program manager, crewmember, flight instructor, or only the following are eligible under check pilot concerned upon completion this subpart to conduct training, test- of that training or check. That certifi- ing, and checking under contract or cation must be made a part of the other arrangement to those persons crewmember’s record. When the certifi- subject to the requirements of this sub- cation required by this paragraph is part. made by an entry in a computerized (a) Another program manager oper- recordkeeping system, the certifying ating under this subpart: instructor, supervisor, or check pilot, (b) A training center certificated must be identified with that entry. under part 142 of this chapter to con- However, the signature of the certi- duct training, testing, and checking re- fying instructor, supervisor, or check quired by this subpart if the training pilot is not required for computerized center— entries. (1) Holds applicable training speci- (d) Training subjects that apply to fications issued under part 142 of this more than one aircraft or crewmember chapter; position and that have been satisfac- torily completed during previous train- (2) Has facilities, training equipment, ing while employed by the program and courseware meeting the applicable manager for another aircraft or an- requirements of part 142 of this chap- other crewmember position, need not ter; be repeated during subsequent training (3) Has approved curriculums, cur- other than recurrent training. riculum segments, and portions of cur- (e) Aircraft simulators and other riculum segments applicable for use in training devices may be used in the training courses required by this sub- program manager’s training program if part; and approved by the Administrator. (4) Has sufficient instructors and (f) Each program manager is respon- check pilots qualified under the appli- sible for establishing safe and efficient cable requirements of §§ 91.1089 through crew management practices for all 91.1095 to conduct training, testing, and phases of flight in program operations checking to persons subject to the re- including crew resource management quirements of this subpart. training for all crewmembers used in (c) A part 119 certificate holder oper- program operations. ating under part 121 or part 135 of this (g) If an aircraft simulator has been chapter. approved by the Administrator for use in the program manager’s training pro- (d) As authorized by the Adminis- gram, the program manager must en- trator, a training center that is not sure that each pilot annually com- certificated under part 142 of this chap- pletes at least one flight training ses- ter. sion in an approved simulator for at least one program aircraft. The train-

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§ 91.1077 Training program and revi- § 91.1079 Training program: Cur- sion: Initial and final approval. riculum. (a) To obtain initial and final ap- (a) Each program manager must pre- proval of a training program, or a revi- pare and keep current a written train- sion to an approved training program, ing program curriculum for each type each program manager must submit to of aircraft for each crewmember re- the Administrator— quired for that type aircraft. The cur- (1) An outline of the proposed or re- riculum must include ground and flight vised curriculum, that provides enough training required by this subpart. information for a preliminary evalua- (b) Each training program cur- riculum must include the following: tion of the proposed training program (1) A list of principal ground training or revision; and subjects, including emergency training (2) Additional relevant information subjects, that are provided. that may be requested by the Adminis- (2) A list of all the training devices, trator. mock-ups, systems trainers, procedures (b) If the proposed training program trainers, or other training aids that or revision complies with this subpart, the program manager will use. the Administrator grants initial ap- (3) Detailed descriptions or pictorial proval in writing after which the pro- displays of the approved normal, abnor- gram manager may conduct the train- mal, and emergency maneuvers, proce- ing under that program. The Adminis- dures and functions that will be per- trator then evaluates the effectiveness formed during each flight training of the training program and advises the phase or flight check, indicating those program manager of deficiencies, if maneuvers, procedures and functions any, that must be corrected. that are to be performed during the (c) The Administrator grants final inflight portions of flight training and approval of the proposed training pro- flight checks. gram or revision if the program man- ager shows that the training conducted § 91.1081 Crewmember training re- quirements. under the initial approval in paragraph (b) of this section ensures that each (a) Each program manager must in- person who successfully completes the clude in its training program the fol- training is adequately trained to per- lowing initial and transition ground form that person’s assigned duties. training as appropriate to the par- ticular assignment of the crewmember: (d) Whenever the Administrator finds (1) Basic indoctrination ground train- that revisions are necessary for the ing for newly hired crewmembers in- continued adequacy of a training pro- cluding instruction in at least the— gram that has been granted final ap- (i) Duties and responsibilities of proval, the program manager must, crewmembers as applicable; after notification by the Adminis- (ii) Appropriate provisions of this trator, make any changes in the pro- chapter; gram that are found necessary by the (iii) Contents of the program man- Administrator. Within 30 days after the ager’s management specifications (not program manager receives the notice, required for flight attendants); and it may file a petition to reconsider the (iv) Appropriate portions of the pro- notice with the Administrator. The fil- gram manager’s operating manual. ing of a petition to reconsider stays the (2) The initial and transition ground notice pending a decision by the Ad- training in §§ 91.1101 and 91.1105, as ap- ministrator. However, if the Adminis- plicable. trator finds that there is an emergency (3) Emergency training in § 91.1083. that requires immediate action in the (b) Each training program must pro- interest of safety, the Administrator vide the initial and transition flight may, upon a statement of the reasons, training in § 91.1103, as applicable. require a change effective without (c) Each training program must pro- stay. vide recurrent ground and flight train- ing as provided in § 91.1107.

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(d) Upgrade training in §§ 91.1101 and (4) Review and discussion of previous 91.1103 for a particular type aircraft aircraft accidents and incidents involv- may be included in the training pro- ing actual emergency situations. gram for crewmembers who have quali- (c) Each crewmember must perform fied and served as second in command at least the following emergency drills, on that aircraft. using the proper emergency equipment (e) In addition to initial, transition, and procedures, unless the Adminis- upgrade and recurrent training, each trator finds that, for a particular drill, training program must provide ground the crewmember can be adequately and flight training, instruction, and trained by demonstration: practice necessary to ensure that each (1) Ditching, if applicable. crewmember— (2) Emergency evacuation. (1) Remains adequately trained and (3) Fire extinguishing and smoke con- currently proficient for each aircraft, trol. crewmember position, and type of oper- (4) Operation and use of emergency ation in which the crewmember serves; exits, including deployment and use of and evacuation slides, if applicable. (2) Qualifies in new equipment, facili- (5) Use of crew and passenger oxygen. ties, procedures, and techniques, in- (6) Removal of life rafts from the air- cluding modifications to aircraft. craft, inflation of the life rafts, use of § 91.1083 Crewmember emergency lifelines, and boarding of passengers training. and crew, if applicable. (7) Donning and inflation of life vests (a) Each training program must pro- and the use of other individual flota- vide emergency training under this sec- tion devices, if applicable. tion for each aircraft type, model, and (d) Crewmembers who serve in oper- configuration, each crewmember, and ations above 25,000 feet must receive each kind of operation conducted, as instruction in the following: appropriate for each crewmember and the program manager. (1) Respiration. (b) Emergency training must provide (2) Hypoxia. the following: (3) Duration of consciousness without (1) Instruction in emergency assign- supplemental oxygen at altitude. ments and procedures, including co- (4) Gas expansion. ordination among crewmembers. (5) Gas bubble formation. (2) Individual instruction in the loca- (6) Physical phenomena and incidents tion, function, and operation of emer- of decompression. gency equipment including— (i) Equipment used in ditching and § 91.1085 Hazardous materials recogni- tion training. evacuation; (ii) First aid equipment and its prop- No program manager may use any er use; and person to perform, and no person may (iii) Portable fire extinguishers, with perform, any assigned duties and re- emphasis on the type of extinguisher to sponsibilities for the handling or car- be used on different classes of fires. riage of hazardous materials (as de- (3) Instruction in the handling of fined in 49 CFR 171.8), unless that per- emergency situations including— son has received training in the rec- (i) Rapid decompression; ognition of hazardous materials. (ii) Fire in flight or on the surface and smoke control procedures with em- § 91.1087 Approval of aircraft simula- phasis on electrical equipment and re- tors and other training devices. lated circuit breakers found in cabin (a) Training courses using aircraft areas; simulators and other training devices (iii) Ditching and evacuation; may be included in the program man- (iv) Illness, injury, or other abnormal ager’s training program if approved by situations involving passengers or the Administrator. crewmembers; and (b) Each aircraft simulator and other (v) Hijacking and other unusual situ- training device that is used in a train- ations. ing course or in checks required under

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this subpart must meet the following command in operations under this sub- requirements: part; (1) It must be specifically approved (2) Has satisfactorily completed the for— training phases for the aircraft, includ- (i) The program manager; and ing recurrent training, that are re- (ii) The particular maneuver, proce- quired to serve as a pilot in command dure, or crewmember function in- in operations under this subpart; volved. (3) Has satisfactorily completed the (2) It must maintain the perform- proficiency or competency checks that ance, functional, and other characteris- are required to serve as a pilot in com- tics that are required for approval. mand in operations under this subpart; (3) Additionally, for aircraft simula- (4) Has satisfactorily completed the tors, it must be— applicable training requirements of (i) Approved for the type aircraft § 91.1093; and, if applicable, the particular vari- (5) Holds at least a Class III medical ation within type for which the train- certificate unless serving as a required ing or check is being conducted; and crewmember, in which case holds a (ii) Modified to conform with any Class I or Class II medical certificate modification to the aircraft being sim- as appropriate; and ulated that changes the performance, (6) Has been approved by the Admin- functional, or other characteristics re- istrator for the check pilot duties in- quired for approval. volved. (c) A particular aircraft simulator or (c) No program manager may use a other training device may be used by person, nor may any person serve as a more than one program manager. check pilot (simulator) in a training (d) In granting initial and final ap- program established under this subpart proval of training programs or revi- unless, with respect to the aircraft sions to them, the Administrator con- type involved, that person meets the siders the training devices, methods, provisions of paragraph (b) of this sec- and procedures listed in the program tion, or— manager’s curriculum under § 91.1079. (1) Holds the applicable pilot certifi- § 91.1089 Qualifications: Check pilots cates and ratings, except medical cer- (aircraft) and check pilots (simu- tificate, required to serve as a pilot in lator). command in operations under this sub- (a) For the purposes of this section part; and § 91.1093: (2) Has satisfactorily completed the (1) A check pilot (aircraft) is a person appropriate training phases for the air- who is qualified to conduct flight craft, including recurrent training, checks in an aircraft, in a flight simu- that are required to serve as a pilot in lator, or in a flight training device for command in operations under this sub- a particular type aircraft. part; (2) A check pilot (simulator) is a per- (3) Has satisfactorily completed the son who is qualified to conduct flight appropriate proficiency or competency checks, but only in a flight simulator, checks that are required to serve as a in a flight training device, or both, for pilot in command in operations under a particular type aircraft. this subpart; (3) Check pilots (aircraft) and check (4) Has satisfactorily completed the pilots (simulator) are those check pi- applicable training requirements of lots who perform the functions de- § 91.1093; and scribed in § 91.1073(a)(4) and (c). (5) Has been approved by the Admin- (b) No program manager may use a istrator for the check pilot (simulator) person, nor may any person serve as a duties involved. check pilot (aircraft) in a training pro- (d) Completion of the requirements gram established under this subpart in paragraphs (b)(2), (3), and (4) or unless, with respect to the aircraft (c)(2), (3), and (4) of this section, as ap- type involved, that person— plicable, must be entered in the indi- (1) Holds the pilot certificates and vidual’s training record maintained by ratings required to serve as a pilot in the program manager.

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(e) A check pilot who does not hold ing recurrent training, that are re- an appropriate medical certificate may quired to serve as a pilot in command function as a check pilot (simulator), in operations under this subpart; but may not serve as a flightcrew (3) Has satisfactorily completed the member in operations under this sub- proficiency or competency checks that part. are required to serve as a pilot in com- (f) A check pilot (simulator) must ac- mand in operations under this subpart; complish the following— (4) Has satisfactorily completed the (1) Fly at least two flight segments applicable training requirements of as a required crewmember for the type, § 91.1095; and class, or category aircraft involved (5) Holds at least a Class III medical within the 12-month period preceding certificate. the performance of any check pilot (c) No program manager may use a duty in a flight simulator; or person, nor may any person serve as a (2) Before performing any check pilot flight instructor (simulator) in a train- duty in a flight simulator, satisfac- ing program established under this sub- torily complete an approved line-obser- part, unless, with respect to the type, vation program within the period pre- class, or category aircraft involved, scribed by that program. that person meets the provisions of (g) The flight segments or line-obser- paragraph (b) of this section, or— vation program required in paragraph (1) Holds the pilot certificates and (f) of this section are considered to be ratings, except medical certificate, re- completed in the month required if quired to serve as a pilot in command completed in the month before or the in operations under this subpart or month after the month in which they part 121 or 135 of this chapter; are due. (2) Has satisfactorily completed the appropriate training phases for the air- § 91.1091 Qualifications: Flight instruc- craft, including recurrent training, tors (aircraft) and flight instructors that are required to serve as a pilot in (simulator). command in operations under this sub- (a) For the purposes of this section part; and § 91.1095: (3) Has satisfactorily completed the (1) A flight instructor (aircraft) is a appropriate proficiency or competency person who is qualified to instruct in checks that are required to serve as a an aircraft, in a flight simulator, or in pilot in command in operations under a flight training device for a particular this subpart; and type, class, or category aircraft. (4) Has satisfactorily completed the (2) A flight instructor (simulator) is a applicable training requirements of person who is qualified to instruct in a § 91.1095. flight simulator, in a flight training (d) Completion of the requirements device, or in both, for a particular in paragraphs (b)(2), (3), and (4) or type, class, or category aircraft. (c)(2), (3), and (4) of this section, as ap- (3) Flight instructors (aircraft) and plicable, must be entered in the indi- flight instructors (simulator) are those vidual’s training record maintained by instructors who perform the functions the program manager. described in § 91.1073(a)(4) and (c). (e) A pilot who does not hold a med- (b) No program manager may use a ical certificate may function as a flight person, nor may any person serve as a instructor in an aircraft if functioning flight instructor (aircraft) in a training as a non-required crewmember, but program established under this subpart may not serve as a flightcrew member unless, with respect to the type, class, in operations under this subpart. or category aircraft involved, that per- (f) A flight instructor (simulator) son— must accomplish the following— (1) Holds the pilot certificates and (1) Fly at least two flight segments ratings required to serve as a pilot in as a required crewmember for the type, command in operations under this sub- class, or category aircraft involved part or part 121 or 135 of this chapter; within the 12-month period preceding (2) Has satisfactorily completed the the performance of any flight instruc- training phases for the aircraft, includ- tor duty in a flight simulator; or

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(2) Satisfactorily complete an ap- (ii) Personal characteristics of an ap- proved line-observation program with- plicant that could adversely affect in the period prescribed by that pro- safety. gram preceding the performance of any (5) The corrective action in the case flight instructor duty in a flight simu- of unsatisfactory checks. lator. (6) The approved methods, proce- (g) The flight segments or line-obser- dures, and limitations for performing vation program required in paragraph the required normal, abnormal, and (f) of this section are considered com- emergency procedures in the aircraft. pleted in the month required if com- (d) The transition ground training for pleted in the month before, or in the a check pilot must include the ap- month after, the month in which they proved methods, procedures, and limi- are due. tations for performing the required [Doc. No. FAA–2001–10047, 68 FR 54561, Sept. normal, abnormal, and emergency pro- 17, 2003, as amended by Amdt. 91–322, 76 FR cedures applicable to the aircraft to 31823, June 2, 2011] which the check pilot is in transition. (e) The initial and transition flight § 91.1093 Initial and transition train- training for a check pilot (aircraft) ing and checking: Check pilots (air- craft), check pilots (simulator). must include the following— (1) The safety measures for emer- (a) No program manager may use a gency situations that are likely to de- person nor may any person serve as a velop during a check; check pilot unless— (2) The potential results of improper, (1) That person has satisfactorily untimely, or nonexecution of safety completed initial or transition check measures during a check; pilot training; and (3) Training and practice in con- (2) Within the preceding 24 months, ducting flight checks from the left and that person satisfactorily conducts a right pilot seats in the required nor- proficiency or competency check under the observation of an FAA inspector or mal, abnormal, and emergency proce- an aircrew designated examiner em- dures to ensure competence to conduct ployed by the program manager. The the pilot flight checks required by this observation check may be accom- subpart; and plished in part or in full in an aircraft, (4) The safety measures to be taken in a flight simulator, or in a flight from either pilot seat for emergency training device. situations that are likely to develop (b) The observation check required during checking. by paragraph (a)(2) of this section is (f) The requirements of paragraph (e) considered to have been completed in of this section may be accomplished in the month required if completed in the full or in part in flight, in a flight sim- month before or the month after the ulator, or in a flight training device, as month in which it is due. appropriate. (c) The initial ground training for (g) The initial and transition flight check pilots must include the fol- training for a check pilot (simulator) lowing: must include the following: (1) Check pilot duties, functions, and (1) Training and practice in con- responsibilities. ducting flight checks in the required (2) The applicable provisions of the normal, abnormal, and emergency pro- Code of Federal Regulations and the cedures to ensure competence to con- program manager’s policies and proce- duct the flight checks required by this dures. subpart. This training and practice (3) The applicable methods, proce- must be accomplished in a flight simu- dures, and techniques for conducting lator or in a flight training device. the required checks. (2) Training in the operation of flight (4) Proper evaluation of student per- simulators, flight training devices, or formance including the detection of— both, to ensure competence to conduct (i) Improper and insufficient train- the flight checks required by this sub- ing; and part.

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§ 91.1095 Initial and transition train- (d) The transition ground training for ing and checking: Flight instructors flight instructors must include the ap- (aircraft), flight instructors (simu- proved methods, procedures, and limi- lator). tations for performing the required (a) No program manager may use a normal, abnormal, and emergency pro- person nor may any person serve as a cedures applicable to the type, class, or flight instructor unless— category aircraft to which the flight (1) That person has satisfactorily instructor is in transition. completed initial or transition flight (e) The initial and transition flight instructor training; and training for flight instructors (aircraft) (2) Within the preceding 24 months, must include the following— that person satisfactorily conducts in- (1) The safety measures for emer- struction under the observation of an gency situations that are likely to de- FAA inspector, a program manager velop during instruction; check pilot, or an aircrew designated (2) The potential results of improper examiner employed by the program or untimely safety measures during in- manager. The observation check may struction; be accomplished in part or in full in an (3) Training and practice from the aircraft, in a flight simulator, or in a left and right pilot seats in the re- flight training device. quired normal, abnormal, and emer- (b) The observation check required gency maneuvers to ensure competence by paragraph (a)(2) of this section is to conduct the flight instruction re- considered to have been completed in quired by this subpart; and the month required if completed in the (4) The safety measures to be taken month before, or the month after, the from either the left or right pilot seat month in which it is due. for emergency situations that are like- (c) The initial ground training for ly to develop during instruction. flight instructors must include the fol- (f) The requirements of paragraph (e) lowing: of this section may be accomplished in full or in part in flight, in a flight sim- (1) Flight instructor duties, func- ulator, or in a flight training device, as tions, and responsibilities. appropriate. (2) The applicable Code of Federal (g) The initial and transition flight Regulations and the program man- training for a flight instructor (simu- ager’s policies and procedures. lator) must include the following: (3) The applicable methods, proce- (1) Training and practice in the re- dures, and techniques for conducting quired normal, abnormal, and emer- flight instruction. gency procedures to ensure competence (4) Proper evaluation of student per- to conduct the flight instruction re- formance including the detection of— quired by this subpart. These maneu- (i) Improper and insufficient train- vers and procedures must be accom- ing; and plished in full or in part in a flight sim- (ii) Personal characteristics of an ap- ulator or in a flight training device. plicant that could adversely affect (2) Training in the operation of flight safety. simulators, flight training devices, or (5) The corrective action in the case both, to ensure competence to conduct of unsatisfactory training progress. the flight instruction required by this (6) The approved methods, proce- subpart. dures, and limitations for performing the required normal, abnormal, and § 91.1097 Pilot and flight attendant emergency procedures in the aircraft. crewmember training programs. (7) Except for holders of a flight in- (a) Each program manager must es- structor certificate— tablish and maintain an approved pilot (i) The fundamental principles of the training program, and each program teaching-learning process; manager who uses a flight attendant (ii) Teaching methods and proce- crewmember must establish and main- dures; and tain an approved flight attendant (iii) The instructor-student relation- training program, that is appropriate ship. to the operations to which each pilot

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and flight attendant is to be assigned, (2) Principles and methods for deter- and will ensure that they are ade- mining weight and balance, and run- quately trained to meet the applicable way limitations for takeoff and land- knowledge and practical testing re- ing; quirements of §§ 91.1065 through 91.1071. (3) Enough meteorology to ensure a (b) Each program manager required practical knowledge of weather phe- to have a training program by para- nomena, including the principles of graph (a) of this section must include frontal systems, icing, fog, thunder- in that program ground and flight storms, windshear and, if appropriate, training curriculums for— high altitude weather situations; (1) Initial training; (4) Air traffic control systems, proce- (2) Transition training; dures, and phraseology; (3) Upgrade training; (5) Navigation and the use of naviga- (4) Differences training; tional aids, including instrument ap- (5) Recurrent training; and proach procedures; (6) Requalification training. (6) Normal and emergency commu- (c) Each program manager must pro- nication procedures; vide current and appropriate study ma- (7) Visual cues before and during de- terials for use by each required pilot scent below Decision Altitude or MDA; and flight attendant. and (d) The program manager must fur- (8) Other instructions necessary to nish copies of the pilot and flight at- ensure the pilot’s competence. tendant crewmember training program, (b) For each aircraft type— and all changes and additions, to the (1) A general description; assigned representative of the Admin- (2) Performance characteristics; istrator. If the program manager uses training facilities of other persons, a (3) Engines and propellers; copy of those training programs or ap- (4) Major components; propriate portions used for those facili- (5) Major aircraft systems (that is, ties must also be furnished. Curricula flight controls, electrical, and hydrau- that follow FAA published curricula lic), other systems, as appropriate, may be cited by reference in the copy principles of normal, abnormal, and of the training program furnished to emergency operations, appropriate pro- the representative of the Adminis- cedures and limitations; trator and need not be furnished with (6) Knowledge and procedures for— the program. (i) Recognizing and avoiding severe weather situations; § 91.1099 Crewmember initial and re- (ii) Escaping from severe weather sit- current training requirements. uations, in case of inadvertent encoun- No program manager may use a per- ters, including low-altitude windshear son, nor may any person serve, as a (except that rotorcraft pilots are not crewmember in operations under this required to be trained in escaping from subpart unless that crewmember has low-altitude windshear); completed the appropriate initial or re- (iii) Operating in or near thunder- current training phase of the training storms (including best penetration al- program appropriate to the type of op- titudes), turbulent air (including clear eration in which the crewmember is to air turbulence), inflight icing, hail, and serve since the beginning of the 12th other potentially hazardous meteoro- month before that service. logical conditions; and (iv) Operating airplanes during § 91.1101 Pilots: Initial, transition, and ground icing conditions, (that is, any upgrade ground training. time conditions are such that frost, Initial, transition, and upgrade ice, or snow may reasonably be ex- ground training for pilots must include pected to adhere to the aircraft), if the instruction in at least the following, as program manager expects to authorize applicable to their duties: takeoffs in ground icing conditions, in- (a) General subjects— cluding: (1) The program manager’s flight lo- (A) The use of holdover times when cating procedures; using deicing/anti-icing fluids;

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(B) Airplane deicing/anti-icing proce- pilot in command or second in com- dures, including inspection and check mand, as applicable, in at least the ma- procedures and responsibilities; neuvers and procedures that are capa- (C) Communications; ble of being performed in an aircraft (D) Airplane surface contamination simulator or training device. (that is, adherence of frost, ice, or snow) and critical area identification, § 91.1105 Flight attendants: Initial and and knowledge of how contamination transition ground training. adversely affects airplane performance Initial and transition ground train- and flight characteristics; ing for flight attendants must include (E) Types and characteristics of deic- instruction in at least the following— ing/anti-icing fluids, if used by the pro- (a) General subjects— gram manager; (1) The authority of the pilot in com- (F) Cold weather preflight inspection mand; and procedures; (G) Techniques for recognizing con- (2) Passenger handling, including pro- tamination on the airplane; cedures to be followed in handling de- (7) Operating limitations; ranged persons or other persons whose (8) Fuel consumption and cruise con- conduct might jeopardize safety. trol; (b) For each aircraft type— (9) Flight planning; (1) A general description of the air- (10) Each normal and emergency pro- craft emphasizing physical characteris- cedure; and tics that may have a bearing on ditch- (11) The approved Aircraft Flight ing, evacuation, and inflight emer- Manual or equivalent. gency procedures and on other related duties; § 91.1103 Pilots: Initial, transition, up- (2) The use of both the public address grade, requalification, and dif- system and the means of commu- ferences flight training. nicating with other flight crew- (a) Initial, transition, upgrade, re- members, including emergency means qualification, and differences training in the case of attempted hijacking or for pilots must include flight and prac- other unusual situations; and tice in each of the maneuvers and pro- (3) Proper use of electrical galley cedures contained in each of the cur- equipment and the controls for cabin riculums that are a part of the ap- heat and ventilation. proved training program. (b) The maneuvers and procedures re- § 91.1107 Recurrent training. quired by paragraph (a) of this section (a) Each program manager must en- must be performed in flight, except to sure that each crewmember receives the extent that certain maneuvers and procedures may be performed in an air- recurrent training and is adequately craft simulator, or an appropriate trained and currently proficient for the training device, as allowed by this sub- type aircraft and crewmember position part. involved. (c) If the program manager’s ap- (b) Recurrent ground training for proved training program includes a crewmembers must include at least the course of training using an aircraft following: simulator or other training device, (1) A quiz or other review to deter- each pilot must successfully com- mine the crewmember’s knowledge of plete— the aircraft and crewmember position (1) Training and practice in the simu- involved. lator or training device in at least the (2) Instruction as necessary in the maneuvers and procedures in this sub- subjects required for initial ground part that are capable of being per- training by this subpart, as appro- formed in the aircraft simulator or priate, including low-altitude training device; and windshear training and training on op- (2) A flight check in the aircraft or a erating during ground icing conditions, check in the simulator or training de- as prescribed in § 91.1097 and described vice to the level of proficiency of a in § 91.1101, and emergency training.

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(c) Recurrent flight training for pi- (2) An inspection program that is lots must include, at least, flight train- part of a continuous airworthiness ing in the maneuvers or procedures in maintenance program currently in use this subpart, except that satisfactory by a person holding an air carrier or completion of the check required by operating certificate issued under part § 91.1065 within the preceding 12 months 119 of this chapter and operating that may be substituted for recurrent flight make and model aircraft under part 121 training. or 135 of this chapter; (3) An aircraft inspection program § 91.1109 Aircraft maintenance: Inspec- approved under § 135.419 of this chapter tion program. and currently in use under part 135 of Each program manager must estab- this chapter by a person holding a cer- lish an aircraft inspection program for tificate issued under part 119 of this each make and model program aircraft chapter; or and ensure each aircraft is inspected in (4) An airplane inspection program accordance with that inspection pro- approved under § 125.247 of this chapter gram. and currently in use under part 125 of this chapter. (a) The inspection program must be (5) An inspection program that is in writing and include at least the fol- part of the program manager’s contin- lowing information: uous airworthiness maintenance pro- (1) Instructions and procedures for gram under §§ 91.1411 through 91.1443. the conduct of inspections for the par- (c) The Administrator may require ticular make and model aircraft, in- revision of the inspection program ap- cluding necessary tests and checks. proved under this section in accordance The instructions and procedures must with the provisions of § 91.415. set forth in detail the parts and areas of the airframe, engines, propellers, ro- [Docket No. FAA–2001–10047, 68 FR 54561, tors, and appliances, including survival Sept. 17, 2003, as amended by Docket FAA– 2018–0119, Amdt. 91–350, 83 FR 9171, Mar. 5, and emergency equipment required to 2018] be inspected. (2) A schedule for performing the in- § 91.1111 Maintenance training. spections that must be accomplished The program manager must ensure under the inspection program ex- that all employees who are responsible pressed in terms of the time in service, for maintenance related to program calendar time, number of system oper- aircraft undergo appropriate initial ations, or any combination thereof. and annual recurrent training and are (3) The name and address of the per- competent to perform those duties. son responsible for scheduling the in- spections required by the inspection § 91.1113 Maintenance recordkeeping. program. A copy of the inspection pro- Each fractional ownership program gram must be made available to the manager must keep (using the system person performing inspections on the specified in the manual required in aircraft and, upon request, to the Ad- § 91.1025) the records specified in ministrator. § 91.417(a) for the periods specified in (b) Each person desiring to establish § 91.417(b). or change an approved inspection pro- gram under this section must submit § 91.1115 Inoperable instruments and the inspection program for approval to equipment. the Flight Standards office that issued (a) No person may take off an air- the program manager’s management craft with inoperable instruments or specifications. The inspection program equipment installed unless the fol- must be derived from one of the fol- lowing conditions are met: lowing programs: (1) An approved Minimum Equipment (1) An inspection program currently List exists for that aircraft. recommended by the manufacturer of (2) The program manager has been the aircraft, aircraft engines, propel- issued management specifications au- lers, appliances, and survival and emer- thorizing operations in accordance gency equipment; with an approved Minimum Equipment

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List. The flight crew must have direct that Minimum Equipment List to com- access at all times prior to flight to all ply with this section. of the information contained in the ap- proved Minimum Equipment List § 91.1411 Continuous airworthiness through printed or other means ap- maintenance program use by frac- proved by the Administrator in the tional ownership program manager. program manager’s management speci- Fractional ownership program air- fications. An approved Minimum craft may be maintained under a con- Equipment List, as authorized by the tinuous airworthiness maintenance management specifications, con- program (CAMP) under §§ 91.1413 stitutes an approved change to the through 91.1443. Any program manager type design without requiring recertifi- who elects to maintain the program cation. aircraft using a continuous airworthi- (3) The approved Minimum Equip- ness maintenance program must com- ment List must: ply with §§ 91.1413 through 91.1443. (i) Be prepared in accordance with the limitations specified in paragraph § 91.1413 CAMP: Responsibility for air- (b) of this section. worthiness. (ii) Provide for the operation of the (a) For aircraft maintained in ac- aircraft with certain instruments and cordance with a Continuous Airworthi- equipment in an inoperable condition. ness Maintenance Program, each pro- (4) Records identifying the inoperable gram manager is primarily responsible instruments and equipment and the in- for the following: formation required by (a)(3)(ii) of this (1) Maintaining the airworthiness of section must be available to the pilot. the program aircraft, including air- (5) The aircraft is operated under all frames, aircraft engines, propellers, ro- applicable conditions and limitations tors, appliances, and parts. contained in the Minimum Equipment List and the management specifica- (2) Maintaining its aircraft in accord- tions authorizing use of the Minimum ance with the requirements of this Equipment List. chapter. (b) The following instruments and (3) Repairing defects that occur be- equipment may not be included in the tween regularly scheduled mainte- Minimum Equipment List: nance required under part 43 of this (1) Instruments and equipment that chapter. are either specifically or otherwise re- (b) Each program manager who main- quired by the airworthiness require- tains program aircraft under a CAMP ments under which the airplane is type must— certificated and that are essential for (1) Employ a Director of Maintenance safe operations under all operating or equivalent position. The Director of conditions. Maintenance must be a certificated (2) Instruments and equipment re- mechanic with airframe and power- quired by an airworthiness directive to plant ratings who has responsibility for be in operable condition unless the air- the maintenance program on all pro- worthiness directive provides other- gram aircraft maintained under a con- wise. tinuous airworthiness maintenance (3) Instruments and equipment re- program. This person cannot also act quired for specific operations by this as Chief Inspector. part. (2) Employ a Chief Inspector or (c) Notwithstanding paragraphs (b)(1) equivalent position. The Chief Inspec- and (b)(3) of this section, an aircraft tor must be a certificated mechanic with inoperable instruments or equip- with airframe and powerplant ratings ment may be operated under a special who has overall responsibility for in- flight permit under §§ 21.197 and 21.199 spection aspects of the CAMP. This of this chapter. person cannot also act as Director of (d) A person authorized to use an ap- Maintenance. proved Minimum Equipment List (3) Have the personnel to perform the issued for a specific aircraft under part maintenance of program aircraft, in- 121, 125, or 135 of this chapter must use cluding , aircraft engines,

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propellers, rotors, appliances, emer- (15) Cracks, permanent deformation, gency equipment and parts, under its or corrosion of aircraft structures, if manual and this chapter; or make ar- more than the maximum acceptable to rangements with another person for the manufacturer or the FAA; and the performance of maintenance. How- (16) Aircraft components or systems ever, the program manager must en- that result in taking emergency ac- sure that any maintenance, preventive tions during flight (except action to maintenance, or alteration that is per- shut down an engine). formed by another person is performed (b) For the purpose of this section, under the program manager’s oper- during flight means the period from the ating manual and this chapter. moment the aircraft leaves the surface § 91.1415 CAMP: Mechanical reliability of the earth on takeoff until it touches reports. down on landing. (a) Each program manager who main- (c) In addition to the reports required tains program aircraft under a CAMP by paragraph (a) of this section, each must report the occurrence or detec- program manager must report any tion of each failure, malfunction, or de- other failure, malfunction, or defect in fect in an aircraft concerning— an aircraft that occurs or is detected at (1) Fires during flight and whether any time if, in the manager’s opinion, the related fire-warning system func- the failure, malfunction, or defect has tioned properly; endangered or may endanger the safe (2) Fires during flight not protected operation of the aircraft. by related fire-warning system; (d) Each program manager must send (3) False fire-warning during flight; each report required by this section, in (4) An exhaust system that causes writing, covering each 24-hour period damage during flight to the engine, ad- beginning at 0900 hours local time of jacent structure, equipment, or compo- each day and ending at 0900 hours local nents; time on the next day to the Flight (5) An aircraft component that Standards office that issued the pro- causes accumulation or circulation of gram manager’s management specifica- smoke, vapor, or toxic or noxious tions. Each report of occurrences dur- fumes in the crew compartment or pas- ing a 24-hour period must be mailed or senger cabin during flight; transmitted to that office within the (6) Engine shutdown during flight be- next 72 hours. However, a report that is cause of flameout; due on Saturday or Sunday may be (7) Engine shutdown during flight mailed or transmitted on the following when external damage to the engine or Monday and one that is due on a holi- aircraft structure occurs; day may be mailed or transmitted on (8) Engine shutdown during flight be- the next workday. For aircraft oper- cause of foreign object ingestion or ated in areas where mail is not col- icing; lected, reports may be mailed or trans- (9) Shutdown of more than one en- mitted within 72 hours after the air- gine during flight; craft returns to a point where the mail (10) A propeller feathering system or is collected. ability of the system to control over- (e) The program manager must trans- speed during flight; mit the reports required by this section (11) A fuel or fuel-dumping system on a form and in a manner prescribed that affects fuel flow or causes haz- by the Administrator, and must in- ardous leakage during flight; clude as much of the following as is (12) An unwanted landing gear exten- sion or retraction or opening or closing available: of landing gear doors during flight; (1) The type and identification num- (13) Brake system components that ber of the aircraft. result in loss of brake actuating force (2) The name of the program man- when the aircraft is in motion on the ager. ground; (3) The date. (14) Aircraft structure that requires (4) The nature of the failure, mal- major repair; function, or defect.

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(5) Identification of the part and sys- route, caused by known or suspected tem involved, including available infor- mechanical difficulties or malfunctions mation pertaining to type designation that are not required to be reported of the major component and time since under § 91.1415. last overhaul, if known. (b) The number of propeller (6) Apparent cause of the failure, featherings in flight, listed by type of malfunction or defect (for example, propeller and engine and aircraft on wear, crack, design deficiency, or per- which it was installed. Propeller sonnel error). featherings for training, demonstra- (7) Other pertinent information nec- tion, or flight check purposes need not essary for more complete identifica- be reported. tion, determination of seriousness, or [Docket No. FAA–2001–10047, 68 FR 54561, corrective action. Sept. 17, 2003, as amended by Docket FAA– (f) A program manager that is also 2018–0119, Amdt. 91–350, 83 FR 9171, Mar. 5, the holder of a type certificate (includ- 2018] ing a supplemental type certificate), a Parts Manufacturer Approval, or a § 91.1423 CAMP: Maintenance organi- Technical Standard Order Authoriza- zation. tion, or that is the licensee of a type (a) Each program manager who main- certificate need not report a failure, tains program aircraft under a CAMP malfunction, or defect under this sec- that has its personnel perform any of tion if the failure, malfunction, or de- its maintenance (other than required fect has been reported by it under § 21.3 inspections), preventive maintenance, of this chapter or under the accident or alterations, and each person with reporting provisions of part 830 of the whom it arranges for the performance regulations of the National Transpor- of that work, must have an organiza- tation Safety Board. tion adequate to perform the work. (g) No person may withhold a report (b) Each program manager who has required by this section even when not personnel perform any inspections re- all information required by this section quired by the program manager’s man- is available. ual under § 91.1427(b) (2) or (3), (in this (h) When the program manager re- subpart referred to as required inspec- ceives additional information, includ- tions), and each person with whom the ing information from the manufacturer program manager arranges for the per- or other agency, concerning a report formance of that work, must have an required by this section, the program organization adequate to perform that manager must expeditiously submit it work. as a supplement to the first report and (c) Each person performing required reference the date and place of submis- inspections in addition to other main- sion of the first report. tenance, preventive maintenance, or [Docket No. FAA–2001–10047, 68 FR 54561, alterations, must organize the perform- Sept. 17, 2003, as amended by Docket FAA– ance of those functions so as to sepa- 2018–0119, Amdt. 91–350, 83 FR 9171, Mar. 5, rate the required inspection functions 2018] from the other maintenance, preven- tive maintenance, or alteration func- § 91.1417 CAMP: Mechanical interrup- tions. The separation must be below tion summary report. the level of administrative control at Each program manager who main- which overall responsibility for the re- tains program aircraft under a CAMP quired inspection functions and other must mail or deliver, before the end of maintenance, preventive maintenance, the 10th day of the following month, a or alterations is exercised. summary report of the following occur- rences in multiengine aircraft for the § 91.1425 CAMP: Maintenance, preven- preceding month to the Flight Stand- tive maintenance, and alteration ards office that issued the management programs. specifications: Each program manager who main- (a) Each interruption to a flight, un- tains program aircraft under a CAMP scheduled change of aircraft en route, must have an inspection program and a or unscheduled stop or diversion from a program covering other maintenance,

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preventive maintenance, or alterations quired inspection findings (buy-back that ensures that— procedures). (a) Maintenance, preventive mainte- (5) Procedures, standards, and limits nance, or alterations performed by its necessary for required inspections and personnel, or by other persons, are per- acceptance or rejection of the items re- formed under the program manager’s quired to be inspected and for periodic manual; inspection and calibration of precision (b) Competent personnel and ade- tools, measuring devices, and test quate facilities and equipment are pro- equipment. vided for the proper performance of (6) Procedures to ensure that all re- maintenance, preventive maintenance, quired inspections are performed. or alterations; and (7) Instructions to prevent any per- (c) Each aircraft released to service son who performs any item of work is airworthy and has been properly from performing any required inspec- maintained for operation under this tion of that work. part. (8) Instructions and procedures to § 91.1427 CAMP: Manual requirements. prevent any decision of an inspector re- garding any required inspection from (a) Each program manager who main- being countermanded by persons other tains program aircraft under a CAMP than supervisory personnel of the in- must put in the operating manual the spection unit, or a person at the level chart or description of the program of administrative control that has manager’s organization required by § 91.1423 and a list of persons with overall responsibility for the manage- whom it has arranged for the perform- ment of both the required inspection ance of any of its required inspections, functions and the other maintenance, and other maintenance, preventive preventive maintenance, or alterations maintenance, or alterations, including functions. a general description of that work. (9) Procedures to ensure that mainte- (b) Each program manager must put nance (including required inspections), in the operating manual the programs preventive maintenance, or alterations required by § 91.1425 that must be fol- that are not completed because of work lowed in performing maintenance, pre- interruptions are properly completed ventive maintenance, or alterations of before the aircraft is released to serv- that program manager’s aircraft, in- ice. cluding airframes, aircraft engines, (c) Each program manager must put propellers, rotors, appliances, emer- in the manual a suitable system (which gency equipment, and parts, and must may include an electronic or coded sys- include at least the following: tem) that provides for the retention of (1) The method of performing routine the following information— and nonroutine maintenance (other (1) A description (or reference to data than required inspections), preventive acceptable to the Administrator) of the maintenance, or alterations. work performed; (2) A designation of the items of (2) The name of the person per- maintenance and alteration that must forming the work if the work is per- be inspected (required inspections) in- formed by a person outside the organi- cluding at least those that could result zation of the program manager; and in a failure, malfunction, or defect en- dangering the safe operation of the air- (3) The name or other positive identi- craft, if not performed properly or if fication of the individual approving the improper parts or materials are used. work. (3) The method of performing re- (d) For the purposes of this part, the quired inspections and a designation by program manager must prepare that occupational title of personnel author- part of its manual containing mainte- ized to perform each required inspec- nance information and instructions, in tion. whole or in part, in a format accept- (4) Procedures for the reinspection of able to the Administrator, that is re- work performed under previous re- trievable in the English language.

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§ 91.1429 CAMP: Required inspection Administrator, make changes in those personnel. programs requested by the Adminis- (a) No person who maintains an air- trator. craft under a CAMP may use any per- (c) A program manager may petition son to perform required inspections un- the Administrator to reconsider the less the person performing the inspec- notice to make a change in a program. tion is appropriately certificated, prop- The petition must be filed with the Ex- erly trained, qualified, and authorized ecutive Director, Flight Standards to do so. Service, within 30 days after the pro- (b) No person may allow any person gram manager receives the notice. Ex- to perform a required inspection un- cept in the case of an emergency re- less, at the time the work was per- quiring immediate action in the inter- formed, the person performing that in- est of safety, the filing of the petition spection is under the supervision and stays the notice pending a decision by control of the chief inspector. the Administrator. (c) No person may perform a required [Docket No. FAA–2001–10047, 68 FR 54561, inspection if that person performed the Sept. 17, 2003, as amended by Docket FAA– item of work required to be inspected. 2018–0119, Amdt. 91–350, 83 FR 9171, Mar. 5, (d) Each program manager must 2018] maintain, or must ensure that each person with whom it arranges to per- § 91.1433 CAMP: Maintenance and pre- form required inspections maintains, a ventive maintenance training pro- current listing of persons who have gram. been trained, qualified, and authorized Each program manager who main- to conduct required inspections. The tains program aircraft under a CAMP persons must be identified by name, oc- or a person performing maintenance or cupational title, and the inspections preventive maintenance functions for that they are authorized to perform. it must have a training program to en- The program manager (or person with sure that each person (including in- whom it arranges to perform its re- spection personnel) who determines the quired inspections) must give written adequacy of work done is fully in- information to each person so author- formed about procedures and tech- ized, describing the extent of that per- niques and new equipment in use and is son’s responsibilities, authorities, and competent to perform that person’s du- inspectional limitations. The list must ties. be made available for inspection by the Administrator upon request. § 91.1435 CAMP: Certificate require- ments. § 91.1431 CAMP: Continuing analysis (a) Except for maintenance, preven- and surveillance. tive maintenance, alterations, and re- (a) Each program manager who main- quired inspections performed by repair tains program aircraft under a CAMP stations located outside the United must establish and maintain a system States certificated under the provi- for the continuing analysis and surveil- sions of part 145 of this chapter, each lance of the performance and effective- person who is directly in charge of ness of its inspection program and the maintenance, preventive maintenance, program covering other maintenance, or alterations for a CAMP, and each preventive maintenance, and alter- person performing required inspections ations and for the correction of any de- for a CAMP must hold an appropriate ficiency in those programs, regardless airman certificate. of whether those programs are carried (b) For the purpose of this section, a out by employees of the program man- person ‘‘directly in charge’’ is each per- ager or by another person. son assigned to a position in which (b) Whenever the Administrator finds that person is responsible for the work that the programs described in para- of a shop or station that performs graph (a) of this section does not con- maintenance, preventive maintenance, tain adequate procedures and standards alterations, or other functions affect- to meet this part, the program man- ing airworthiness. A person who is di- ager must, after notification by the rectly in charge need not physically

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observe and direct each worker con- (b) Each program manager must re- stantly but must be available for con- tain the records required to be kept by sultation and decision on matters re- this section for the following periods: quiring instruction or decision from (1) Except for the records of the last higher authority than that of the per- complete overhaul of each airframe, son performing the work. engine, propeller, rotor, and appliance the records specified in paragraph (a)(1) § 91.1437 CAMP: Authority to perform of this section must be retained until and approve maintenance. the work is repeated or superseded by A program manager who maintains other work or for one year after the program aircraft under a CAMP may work is performed. employ maintenance personnel, or (2) The records of the last complete make arrangements with other persons overhaul of each airframe, engine, pro- to perform maintenance and preventive peller, rotor, and appliance must be re- maintenance as provided in its mainte- tained until the work is superseded by nance manual. Unless properly certifi- cated, the program manager may not work of equivalent scope and detail. perform or approve maintenance for re- (3) The records specified in paragraph turn to service. (a)(2) of this section must be retained as specified unless transferred with the § 91.1439 CAMP: Maintenance record- aircraft at the time the aircraft is sold. ing requirements. (c) The program manager must make (a) Each program manager who main- all maintenance records required to be tains program aircraft under a CAMP kept by this section available for in- must keep (using the system specified spection by the Administrator or any in the manual required in § 91.1427) the representative of the National Trans- following records for the periods speci- portation Safety Board. fied in paragraph (b) of this section: (1) All the records necessary to show § 91.1441 CAMP: Transfer of mainte- that all requirements for the issuance nance records. of an airworthiness release under When a U.S.-registered fractional § 91.1443 have been met. ownership program aircraft maintained (2) Records containing the following under a CAMP is removed from the list information: of program aircraft in the management (i) The total time in service of the specifications, the program manager airframe, engine, propeller, and rotor. must transfer to the purchaser, at the (ii) The current status of life-limited time of the sale, the following records parts of each airframe, engine, pro- of that aircraft, in plain language form peller, rotor, and appliance. or in coded form that provides for the (iii) The time since last overhaul of preservation and retrieval of informa- each item installed on the aircraft that tion in a manner acceptable to the Ad- are required to be overhauled on a ministrator: specified time basis. (a) The records specified in (iv) The identification of the current § 91.1439(a)(2). inspection status of the aircraft, in- (b) The records specified in cluding the time since the last inspec- § 91.1439(a)(1) that are not included in tions required by the inspection pro- the records covered by paragraph (a) of gram under which the aircraft and its this section, except that the purchaser appliances are maintained. may allow the program manager to (v) The current status of applicable keep physical custody of such records. airworthiness directives, including the date and methods of compliance, and, However, custody of records by the pro- if the airworthiness directive involves gram manager does not relieve the pur- recurring action, the time and date chaser of its responsibility under when the next action is required. § 91.1439(c) to make the records avail- (vi) A list of current major alter- able for inspection by the Adminis- ations and repairs to each airframe, en- trator or any representative of the Na- gine, propeller, rotor, and appliance. tional Transportation Safety Board.

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§ 91.1443 CAMP: Airworthiness release Subpart L—Continued Airworthi- or aircraft maintenance log entry. ness and Safety Improve- (a) No program aircraft maintained ments under a CAMP may be operated after maintenance, preventive maintenance, SOURCE: Amdt. 91–297, 72 FR 63410, Nov. 8, or alterations are performed unless 2007, unless otherwise noted. qualified, certificated personnel em- ployed by the program manager pre- § 91.1501 Purpose and definition. pare, or cause the person with whom (a) This subpart requires operators to the program manager arranges for the support the continued airworthiness of performance of the maintenance, pre- each airplane. These requirements may ventive maintenance, or alterations, to include, but are not limited to, revising prepare— the inspection program, incorporating (1) An airworthiness release; or design changes, and incorporating revi- (2) An appropriate entry in the air- sions to Instructions for Continued craft maintenance log. Airworthiness. (b) The airworthiness release or log (b) [Reserved] entry required by paragraph (a) of this [Amdt. 91–297, 72 FR 63410, Nov. 8, 2007, as section must— amended by Docket FAA–2018–0119, Amdt. 91– (1) Be prepared in accordance with 350, 83 FR 9171, Mar. 5, 2018] the procedure in the program man- § 91.1503 [Reserved] ager’s manual; (2) Include a certification that— § 91.1505 Repairs assessment for pres- (i) The work was performed in ac- surized fuselages. cordance with the requirements of the (a) No person may operate an Airbus program manager’s manual; Model A300 (excluding the -600 series), (ii) All items required to be inspected British Aerospace Model BAC 1–11, Boe- were inspected by an authorized person ing Model 707, 720, 727, 737 or 747, who determined that the work was sat- McDonnell Douglas Model DC–8, DC–9/ isfactorily completed; MD–80 or DC–10, Fokker Model F28, or (iii) No known condition exists that Lockheed Model L–1011 airplane beyond would make the aircraft unairworthy; applicable flight cycle implementation (iv) So far as the work performed is time specified below, or May 25, 2001, concerned, the aircraft is in condition whichever occurs later, unless repair for safe operation; and assessment guidelines applicable to the fuselage pressure boundary (fuselage (3) Be signed by an authorized certifi- skin, door skin, and bulkhead webs) are cated mechanic. incorporated within its inspection pro- (c) Notwithstanding paragraph (b)(3) gram. The repair assessment guidelines of this section, after maintenance, pre- must be approved by the responsible ventive maintenance, or alterations Aircraft Certification Service office for performed by a repair station certifi- the type certificate for the affected air- cated under the provisions of part 145 plane. of this chapter, the approval for return (1) For the Airbus Model A300 (ex- to service or log entry required by cluding the –600 series), the flight cycle paragraph (a) of this section may be implementation time is: signed by a person authorized by that (i) Model B2: 36,000 flights. repair station. (ii) Model B4–100 (including Model (d) Instead of restating each of the B4–2C): 30,000 flights above the window conditions of the certification required line, and 36,000 flights below the win- by paragraph (b) of this section, the dow line. program manager may state in its (iii) Model B4–200: 25,500 flights above manual that the signature of an au- the window line, and 34,000 flights thorized certificated mechanic or re- below the window line. pairman constitutes that certification. (2) For all models of the British Aero- space BAC 1–11, the flight cycle imple- mentation time is 60,000 flights.

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(3) For all models of the 707, for the tank that meet the require- the flight cycle implementation time is ments of Special Federal Aviation Reg- 15,000 flights. ulation No. 88 (SFAR 88) of this chap- (4) For all models of the Boeing 720, ter. the flight cycle implementation time is (c) After December 16, 2008, no oper- 23,000 flights. ator may operate an airplane identified (5) For all models of the , in paragraph (a) of this section unless the flight cycle implementation time is the inspection program for that air- 45,000 flights. plane has been revised to include appli- (6) For all models of the , the flight cycle implementation time is cable inspections, procedures, and limi- 60,000 flights. tations for fuel tank systems. (7) For all models of the , (d) The proposed fuel tank system in- the flight cycle implementation time is spection program revisions specified in 15,000 flights. paragraph (c) of this section must be (8) For all models of the McDonnell based on fuel tank system Instructions Douglas DC–8, the flight cycle imple- for Continued Airworthiness (ICA) that mentation time is 30,000 flights. have been developed in accordance (9) For all models of the McDonnell with the applicable provisions of SFAR Douglas DC–9/MD–80, the flight cycle 88 of this chapter or § 25.1529 and part implementation time is 60,000 flights. 25, Appendix H, of this chapter, in ef- (10) For all models of the McDonnell fect on June 6, 2001 (including those de- Douglas DC–10, the flight cycle imple- veloped for auxiliary fuel tanks, if any, mentation time is 30,000 flights. installed under supplemental type cer- (11) For all models of the Lockheed tificates or other design approval) and L–1011, the flight cycle implementation that have been approved by the respon- time is 27,000 flights. (12) For the Fokker F–28 Mark 1000, sible Aircraft Certification Service Of- 2000, 3000, and 4000, the flight cycle im- fice. plementation time is 60,000 flights. (e) After December 16, 2008, before re- (b) [Reserved] turning an airplane to service after any alterations for which fuel tank ICA are [Doc. No. 29104, 65 FR 24125, Apr. 25, 2000; 65 developed under SFAR 88, or under FR 35703, June 5, 2000; 65 FR 50744, Aug. 21, 2000, as amended by Amdt. 91–266, 66 FR § 25.1529 in effect on June 6, 2001, the op- 23130, May 7, 2001; Amdt. 91–277, 67 FR 72834, erator must include in the inspection Dec. 9, 2002; Amdt. 91–283, 69 FR 45941, July program for the airplane inspections 30, 2004. Redesignated and amended by Amdt. and procedures for the fuel tank sys- 91–297, 72 FR 63410, Nov. 8, 2007; Docket FAA– tem based on those ICA. 2018–0119, Amdt. 91–350, 83 FR 9171, Mar. 5, 2018] (f) The fuel tank system inspection program changes identified in para- § 91.1507 Fuel tank system inspection graphs (d) and (e) of this section and program. any later fuel tank system revisions (a) Except as provided in paragraph must be submitted to the Flight Stand- (g) of this section, this section applies ards office responsible for review and to transport category, turbine-powered approval. airplanes with a type certificate issued (g) This section does not apply to the after January 1, 1958, that, as a result following airplane models: of original type certification or later (1) Bombardier CL–44 increase in capacity, have— (2) Concorde (1) A maximum type-certificated pas- (3) deHavilland D.H. 106 Comet 4C senger capacity of 30 or more, or (4) VFW-Vereinigte Flugtechnische (2) A maximum payload capacity of Werk VFW–614 7,500 pounds or more. (b) For each airplane on which an (5) Illyushin Aviation IL 96T auxiliary fuel tank is installed under a (6) Bristol Aircraft Britannia 305 field approval, before June 16, 2008, the (7) Handley Page Herald Type 300 operator must submit to the respon- (8) Avions Marcel Dassault—Breguet sible Aircraft Certification Service Of- Aviation Mercure 100C fice proposed maintenance instructions (9) Airbus Caravelle

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(10) Lockheed L–300 the FAA. The FAA will consider re- quests for approval or exemption in a [Amdt. 91–297, 72 FR 63410, Nov. 8, 2007, as amended by Docket FAA–2018–0119, Amdt. 91– timely manner, with the order of pref- 350, 83 FR 9172, Mar. 5, 2018] erence being: First, for those oper- ations in support of U.S. Government- Subpart M—Special Federal sponsored activities; second, for those Aviation Regulations operations in support of government- sponsored activities of a foreign coun- § 91.1603 Special Federal Aviation Reg- try with the support of a U.S. Govern- ulation No. 112—Prohibition ment department, agency, or instru- Against Certain Flights in the Trip- mentality; and third, for all other oper- oli Flight Information Region (FIR) ations. (HLLL). (d) Emergency situations. In an emer- (a) Applicability. This Special Federal gency that requires immediate decision Aviation Regulation (SFAR) applies to and action for the safety of the flight, the following persons: the pilot in command of an aircraft (1) All U.S. air carriers and U.S. com- may deviate from this section to the mercial operators; extent required by that emergency. Ex- (2) All persons exercising the privi- cept for U.S. air carriers and commer- leges of an airman certificate issued by cial operators that are subject to the the FAA, except when such persons are requirements of 14 CFR part 119, 121, operating U.S.-registered aircraft for a 125, or 135, each person who deviates foreign air carrier; and from this section must, within 10 days (3) All operators of U.S.-registered of the deviation, excluding Saturdays, civil aircraft, except when the operator Sundays, and Federal holidays, submit of such aircraft is a foreign air carrier. to the responsible Flight Standards Of- (b) Flight prohibition. Except as pro- fice a complete report of the operations vided in paragraphs (c) and (d) of this of the aircraft involved in the devi- section, no person described in para- ation, including a description of the de- graph (a) of this section may conduct viation and the reasons for it. flight operations in the following speci- (e) Expiration. This Special Federal fied areas: Aviation Regulation (SFAR) will re- (1) The territory and airspace of main in effect until March 20, 2023. The Libya. FAA may amend, rescind, or extend (2) Any portion of the Tripoli FIR this SFAR, as necessary. (HLLL) that is outside the territory and airspace of Libya at altitudes [Docket No FAA–2011–0246; Amdt. No.91–321E, below Flight Level (FL) 300. 85 FR 45091, July 27, 2020] (c) Permitted operations. This section does not prohibit persons described in § 91.1605 Special Federal Aviation Reg- paragraph (a) of this section from con- ulation No. 77—Prohibition Against Certain Flights in the Baghdad ducting the following flight operations Flight Information Region (FIR) in the Tripoli FIR (HLLL): (ORBB). (1) Overflights of those portions of the Tripoli FIR (HLLL) that are out- (a) Applicability. This section applies side the territory and airspace of Libya to the following persons: that occur at altitudes at or above (1) All U.S. air carriers and U.S. com- Flight Level (FL) 300; or mercial operators; (2) Flight operations in the Tripoli (2) All persons exercising the privi- FIR (HLLL) that are conducted under a leges of an airman certificate issued by contract, grant, or cooperative agree- the FAA, except when such persons are ment with a department, agency, or in- operating U.S.-registered aircraft for a strumentality of the U.S. Government foreign air carrier; and (or under a subcontract between the (3) All operators of civil aircraft reg- prime contractor of the department, istered in the United States, except agency, or instrumentality and the when the operator of such aircraft is a person described in paragraph (a) of foreign air carrier. this section), with the approval of the (b) Flight prohibition. Except as pro- FAA, or under an exemption issued by vided in paragraphs (c) and (d) of this

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section, no person described in para- § 91.1607 Special Federal Aviation Reg- graph (a) of this section may conduct ulation No. 113—Prohibition flight operations in the Baghdad Flight Against Certain Flights in Specified Information Region (FIR) (ORBB) at Areas of the Dnipropetrovsk Flight altitudes below Flight Level (FL) 320. Information Region (FIR) (UKDV). (c) Permitted operations. This section (a) Applicability. This Special Federal does not prohibit persons described in Aviation Regulation (SFAR) applies to paragraph (a) of this section from con- the following persons: ducting flight operations in the Bagh- (1) All U.S. air carriers and U.S. com- dad FIR (ORBB) at altitudes below mercial operators; FL320, provided that such flight oper- (2) All persons exercising the privi- ations occur under a contract, grant, leges of an airman certificate issued by or cooperative agreement with a de- the FAA, except when such persons are partment, agency, or instrumentality operating U.S.-registered aircraft for a of the U.S. Government (or under a foreign air carrier; and subcontract between the prime con- (3) All operators of U.S.-registered tractor of the department, agency, or civil aircraft, except when the operator instrumentality, and the person de- of such aircraft is a foreign air carrier. scribed in paragraph (a) of this section) (b) Flight prohibition. Except as pro- with the approval of the FAA, or under vided in paragraphs (c) and (d) of this an exemption issued by the FAA. The section, no person described in para- FAA will consider requests for ap- graph (a) of this section may conduct proval or exemption in a timely man- flight operations in the Dnipropetrovsk ner, with the order of preference being: FIR (UKDV) from the surface to unlim- first, for those operations in support of ited, east of a line drawn direct from U.S. Government-sponsored activities; ABDAR (471802N 351732E) along airway second, for those operations in support M853 to NIKAD (485946N 355519E), then of government-sponsored activities of a along airway N604 to GOBUN (501806N foreign country with the support of a 373824E). This prohibition applies to U.S. Government department, agency, airways M853 and N604. or instrumentality; and third, for all (c) Permitted operations. This section other operations. does not prohibit persons described in (d) Emergency situations. In an emer- paragraph (a) of this section from con- gency that requires immediate decision ducting flight operations in the speci- and action for the safety of the flight, fied areas described in paragraph (b) of the pilot in command of an aircraft this section, under the following cir- cumstances: may deviate from this section to the extent required by that emergency. Ex- (1) Operations are permitted to the cept for U.S. air carriers and commer- extent necessary to take off from and land at the following three airports, cial operators that are subject to the subject to the approval of, and in ac- requirements of part 119, 121, 125, or 135 cordance with the conditions estab- of this chapter, each person who devi- lished by, the appropriate authorities ates from this section must, within 10 of Ukraine: days of the deviation, excluding Satur- (i) Kharkiv International Airport days, Sundays, and Federal holidays, (UKHH); submit to the responsible Flight Stand- (ii) Dnipropetrovsk International ards office a complete report of the op- Airport (UKDD); and erations of the aircraft involved in the (iii) Zaporizhzhia International Air- deviation, including a description of port (UKDE). the deviation and the reasons for it. (2) Operations are permitted provided (e) Expiration. This SFAR will remain that they are conducted under a con- in effect until October 26, 2022. The tract, grant, or cooperative agreement FAA may amend, rescind, or extend with a department, agency, or instru- this SFAR, as necessary. mentality of the U.S. Government (or [Docket No. FAA–2018–0927, Amdt. No. 91– under a subcontract between the prime 353A, 85 FR 65693, Oct. 16, 2020] contractor of the department, agency,

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or instrumentality of the U.S. Govern- cept for U.S. air carriers and commer- ment and the person described in para- cial operators that are subject to the graph (a) of this section) with the ap- requirements of 14 CFR part 119, 121, proval of the FAA, or under an exemp- 125, or 135, each person who deviates tion issued by the FAA. The FAA will from this section must, within 10 days consider requests for approval or ex- of the deviation, excluding Saturdays, emption in a timely manner, with the Sundays, and Federal holidays, submit order of preference being: First, for to the responsible Flight Standards of- those operations in support of U.S. fice a complete report of the operations Government-sponsored activities; sec- of the aircraft involved in the devi- ond, for those operations in support of ation, including a description of the de- government-sponsored activities of a viation and the reasons for it. foreign country with the support of a (e) Expiration. This SFAR will remain U.S. Government department, agency, in effect until October 27, 2021. The or instrumentality; and third, for all FAA may amend, rescind, or extend other operations. this SFAR as necessary. (d) Emergency situations. In an emer- (f) Definition. For purposes of this gency that requires immediate decision section, the Dnipropetrovsk FIR and action for the safety of the flight, (UKDV) is defined as that airspace the pilot in command of an aircraft from the surface to unlimited within may deviate from this section to the the lateral limits in figure 1 to this extent required by that emergency. Ex- paragraph (f):

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[Docket No.: FAA–2014–0225, Amdt. No. 91– (3) All operators of U.S.-registered 331F, 85 FR 65685, Oct. 16, 2020] civil aircraft, except when the operator of such aircraft is a foreign air carrier. § 91.1609 Special Federal Aviation Reg- ulation No. 114—Prohibition (b) Flight prohibition. Except as pro- Against Certain Flights in the Da- vided in paragraphs (c) and (d) of this mascus Flight Information Region section, no person described in para- (FIR) (OSTT). graph (a) of this section may conduct (a) Applicability. This section applies flight operations in the Damascus to the following persons: Flight Information Region (FIR) (1) All U.S. air carriers and U.S. com- (OSTT). mercial operators; (c) Permitted operations. This section (2) All persons exercising the privi- does not prohibit persons described in leges of an airman certificate issued by paragraph (a) of this section from con- the FAA, except when such persons are ducting flight operations in the Damas- operating U.S.-registered aircraft for a cus Flight Information Region (FIR) foreign air carrier; and

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(OSTT), provided that such flight oper- (2) All persons exercising the privi- ations are conducted under a contract, leges of an airman certificate issued by grant, or cooperative agreement with a the FAA, except when such persons are department, agency, or instrumen- operating U.S.-registered aircraft for a tality of the U.S. government (or under foreign air carrier; and a subcontract between the prime con- (3) All operators of U.S.-registered tractor of the department, agency, or civil aircraft, except when the operator instrumentality and the person de- of such aircraft is a foreign air carrier. scribed in paragraph (a) of this section) (b) Flight prohibition. Except as pro- with the approval of the FAA, or under vided in paragraphs (c) and (d) of this an exemption issued by the FAA. The section, no person described in para- FAA will consider requests for ap- graph (a) of this section may conduct proval or exemption in a timely man- flight operations in the portion of the ner, with the order of preference being: Sanaa Flight Information Region (FIR) First, for those operations in support (OYSC) that is west of a line drawn di- of U.S. government-sponsored activi- rect from KAPET (163322N 0530614E) to ties; second, for those operations in NODMA (152603N 0533359E), northwest support of government-sponsored ac- of a line drawn direct from NODMA to tivities of a foreign country with the ORBAT (140638N 0503924E) then from support of a U.S. government depart- ORBAT to PAKER (115500N 0463500E), ment, agency, or instrumentality; and north of a line drawn direct from third, for all other operations. PAKER to PARIM (123142N 0432712E), (d) Emergency situations. In an emer- and east of a line drawn direct from gency that requires immediate decision PARIM to RIBOK (154700N 0415230E). and action for the safety of the flight, Use of jet route UN303 is not author- the pilot in command of an aircraft ized. may deviate from this section to the (c) Permitted operations. This section extent required by that emergency. Ex- does not prohibit persons described in cept for U.S. air carriers and commer- paragraph (a) of this section from con- cial operators that are subject to the ducting flight operations in the Sanaa requirements of 14 CFR part 119, 121, FIR (OYSC) under the following cir- 125, or 135, each person who deviates cumstances: from this section must, within 10 days (1) Flight operations may be con- of the deviation, excluding Saturdays, ducted in the Sanaa FIR (OYSC) in Sundays, and Federal holidays, submit that airspace east of a line drawn di- to the responsible Flight Standards of- rect from KAPET (163322N 0530614E) to fice a complete report of the operations NODMA (152603N 0533359E), southeast of of the aircraft involved in the devi- a line drawn direct from NODMA to ation, including a description of the de- ORBAT (140638N 0503924E) then from viation and the reasons for it. ORBAT to PAKER (115500N 0463500E), (e) Expiration. This SFAR will remain south of a line drawn direct from in effect until December 30, 2023. The PAKER to PARIM (123142N 0432712E), FAA may amend, rescind, or extend and west of a line drawn direct from this SFAR, as necessary. PARIM to RIBOK (154700N 0415230E). [Docket FAA–2017–0768, Amdt. 91–348, 82 FR Use of jet routes UT702 and M999 are 40949, Aug. 29, 2017; Amdt. 91–348A, 82 FR authorized. All flight operations con- 42592, Sept. 11, 2017, as amended by Amdt. No. ducted under this subparagraph must 91-348B, 83 FR 63414, Dec. 10, 2018; Amdt. No. be conducted subject to the approval 91–348C; 85 FR 75845, Nov. 27, 2020] of, and in accordance with the condi- § 91.1611 Special Federal Aviation Reg- tions established by, the appropriate ulation No. 115—Prohibition authorities of . Against Certain Flights in Specified (2) Flight operations may be con- Areas of the Sanaa Flight Informa- ducted in the Sanaa FIR (OYSC) in tion Region (FIR) (OYSC). that airspace west of a line drawn di- (a) Applicability. This Special Federal rect from KAPET (163322N 0530614E) to Aviation Regulation (SFAR) applies to NODMA (152603N 0533359E), northwest the following persons: of a line drawn direct from NODMA to (1) All U.S. air carriers and U.S. com- ORBAT (140638N 0503924E) then from mercial operators; ORBAT to PAKER (115500N 0463500E),

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north of a line drawn direct from (2) All persons exercising the privi- PAKER to PARIM (123142N 0432712E), leges of an airman certificate issued by and east of a line drawn direct from the FAA, except when such persons are PARIM to RIBOK (154700N 0415230E) if operating U.S.-registered aircraft for a such flight operations are conducted foreign air carrier; and under a contract, grant, or cooperative (3) All operators of U.S.-registered agreement with a department, agency, civil aircraft, except when the operator or instrumentality of the U.S. Govern- of such aircraft is a foreign air carrier. ment (or under a subcontract between (b) Flight prohibition. Except as pro- the prime contractor of the U.S. Gov- vided in paragraphs (c) and (d) of this ernment department, agency, or in- section, no person described in para- strumentality and the person subject graph (a) of this section may conduct to paragraph (a)), with the approval of flight operations in the territory and the FAA, or under an exemption issued airspace of Somalia at altitudes below by the FAA. The FAA will consider re- Flight Level (FL) 260. quests for approval or exemption in a (c) Permitted operations. This section timely manner, with the order of pref- does not prohibit persons described in erence being: First, for those oper- paragraph (a) of this section from con- ations in support of U.S. Government- ducting flight operations in the terri- sponsored activities; second, for those tory and airspace of Somalia under the operations in support of government- following circumstances: sponsored activities of a foreign coun- (1) Overflights of Somalia may be try with the support of a U.S. govern- conducted at or above FL260 subject to ment department, agency, or instru- the approval of, and in accordance with mentality; and third, for all other oper- the conditions established by, the ap- ations. propriate authorities of Somalia. (d) Emergency situations. In an emer- (2) Flight operations may be con- gency that requires immediate decision ducted in the territory and airspace of and action for the safety of the flight, Somalia at altitudes below FL260 if the pilot in command of an aircraft such flight operations are conducted may deviate from this section to the under a contract, grant, or cooperative extent required by that emergency. Ex- agreement with a department, agency, cept for U.S. air carriers and commer- or instrumentality of the U.S. Govern- cial operators that are subject to the ment (or under a subcontract between requirements of 14 CFR part 119, 121, the prime contractor of the U.S. Gov- 125, or 135, each person who deviates ernment department, agency, or in- from this section must, within 10 days strumentality and the person described of the deviation, excluding Saturdays, in paragraph (a) of this section) with Sundays, and Federal holidays, submit the approval of the FAA or under an to the responsible Flight Standards of- exemption issued by the FAA. The fice a complete report of the operations FAA will consider requests for ap- of the aircraft involved in the devi- proval or exemption in a timely man- ation, including a description of the de- ner, with the order of preference being: viation and the reasons for it. First, for those operations in support (e) Expiration. This SFAR will remain of U.S. Government-sponsored activi- in effect until January 7, 2022. The FAA ties; second, for those operations in may amend, rescind, or extend this support of government-sponsored ac- SFAR as necessary. tivities of a foreign country with the [Amdt. 91–340B, 84 FR 67665, Dec. 11, 2019] support of a U.S. government depart- ment, agency, or instrumentality; and § 91.1613 Special Federal Aviation Reg- third, for all other operations. ulation No. 107—Prohibition (d) Emergency situations. In an emer- Against Certain Flights in the Ter- gency that requires immediate decision ritory and Airspace of Somalia. and action for the safety of the flight, (a) Applicability. This Special Federal the pilot in command of an aircraft Aviation Regulation (SFAR) applies to may deviate from this section to the the following persons: extent required by that emergency. Ex- (1) All U.S. air carriers and U.S. com- cept for U.S. air carriers and commer- mercial operators; cial operators that are subject to the

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requirements of 14 CFR part 119, 121, an exemption issued by the FAA. The 125, or 135, each person who deviates FAA will consider requests for ap- from this section must, within 10 days proval or exemption in a timely man- of the deviation, excluding Saturdays, ner, with the order of preference being: Sundays, and Federal holidays, submit First, for those operations in support to the responsible Flight Standards of- of U.S. government-sponsored activi- fice a complete report of the operations ties; second, for those operations in of the aircraft involved in the devi- support of government-sponsored ac- ation, including a description of the de- tivities of a foreign country with the viation and the reasons for it. support of a U.S. Government depart- (e) Expiration. This SFAR will remain ment, agency, or instrumentality; and in effect until January 7, 2023. The FAA third, for all other operations. may amend, rescind, or extend this (d) Emergency situations. In an emer- SFAR as necessary. gency that requires immediate decision [Docket FAA–2007–27602, Amdt.91–339, 81 FR and action for the safety of the flight, 726, Jan. 7, 2016, as amended by Amdt. 91– the pilot in command of an aircraft 339A, 82 FR 58550, Dec. 13, 2017; Docket FAA– may deviate from this section to the 2018–0119, Amdt. 91–350, 83 FR 9172, Mar. 5, extent required by that emergency. Ex- 2018; Amdt. 91–339B, 84 FR 67671, Dec. 11, 2019] cept for U.S. air carriers and commer- § 91.1615 Special Federal Aviation Reg- cial operators that are subject to the ulation No. 79—Prohibition Against requirements of 14 CFR part 119, 121, Certain Flights in the Pyongyang 125, or 135, each person who deviates Flight Information Region (FIR) from this section must, within 10 days (ZKKP). of the deviation, excluding Saturdays, (a) Applicability. This Special Federal Sundays, and Federal holidays, submit Aviation Regulation (SFAR) applies to to the responsible Flight Standards Of- the following persons: fice a complete report of the operations (1) All U.S. air carriers and U.S. com- of the aircraft involved in the devi- mercial operators; ation, including a description of the de- (2) All persons exercising the privi- viation and the reasons for it. leges of an airman certificate issued by (e) Expiration. This SFAR will remain the FAA, except when such persons are in effect until September 18, 2023. The operating U.S.-registered aircraft for a FAA may amend, rescind, or extend foreign air carrier; and this SFAR, as necessary. (3) All operators of U.S.-registered civil aircraft, except when the operator [Docket No. FAA–2018–0838, Amdt. No. 91–352, of such aircraft is a foreign air carrier. 83 FR 47064, Sept. 18, 2018, as amended by (b) Flight prohibition. Except as pro- Amdt. No. 91–352A, 85 FR 55377, Sept. 8, 2020] vided in paragraphs (c) and (d) of this section, no person described in para- § 91.1617 Special Federal Aviation Reg- ulation No. 117—Prohibition graph (a) of this section may conduct Against Certain Flights in the flight operations in the Pyongyang Tehran Flight Information Region Flight Information Region (FIR) (FIR) (OIIX). (ZKKP). (c) Permitted operations. This section (a) Applicability. This Special Federal does not prohibit persons described in Aviation Regulation (SFAR) applies to paragraph (a) of this section from con- the following persons: ducting flight operations in the (1) All U.S. air carriers and U.S. com- Pyongyang Flight Information Region mercial operators; (FIR) (ZKKP), provided that such flight (2) All persons exercising the privi- operations are conducted under a con- leges of an airman certificate issued by tract, grant, or cooperative agreement the FAA, except when such persons are with a department, agency, or instru- operating U.S.-registered aircraft for a mentality of the U.S. government (or foreign air carrier; and under a subcontract between the prime (3) All operators of U.S.-registered contractor of the department, agency, civil aircraft, except when the operator or instrumentality and the person de- of such aircraft is a foreign air carrier. scribed in paragraph (a) of this section) (b) Flight prohibition. Except as pro- with the approval of the FAA, or under vided in paragraphs (c) and (d) of this

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section, no person described in para- Subpart N—Mitsubishi MU–2B Se- graph (a) of this section may conduct ries Special Training, Experi- flight operations in the Tehran Flight ence, and Operating Require- Information Region (FIR) (OIIX). ments (c) Permitted operations. This section does not prohibit persons described in SOURCE: Docket FAA–2006–24981, Amdt. 91– paragraph (a) of this section from con- 344, 81 FR 61591, Sept. 7, 2016, unless other- ducting flight operations in the Tehran wise noted. FIR (OIIX), provided that such flight operations are conducted under a con- § 91.1701 Applicability. tract, grant, or cooperative agreement (a) On and after November 7, 2016, all with a department, agency, or instru- training conducted in an MU–2B must mentality of the U.S. Government (or follow an approved MU–2B training under a subcontract between the prime program that meets the standards of contractor of the department, agency, this subpart. or instrumentality and the person de- (b) This subpart applies to all persons scribed in paragraph (a) of this section) who operate a Mitsubishi MU–2B series with the approval of the FAA, or under airplane, including those who act as an exemption issued by the FAA. The pilot in command, act as second-in- FAA will consider requests for ap- command, or other persons who manip- proval or exemption in a timely man- ulate the controls while under the su- ner, with the order of preference being: pervision of a pilot in command. First, for those operations in support (c) This subpart also applies to those of U.S. Government-sponsored activi- persons who provide pilot training for a ties; second, for those operations in Mitsubishi MU–2B series airplane. The support of government-sponsored ac- requirements in this subpart are in ad- tivities of a foreign country with the dition to the requirements of parts 61, 91, and 135 of this chapter. support of a U.S. Government depart- ment, agency, or instrumentality; and § 91.1703 Compliance and eligibility. third, for all other operations. (a) Except as provided in paragraph (d) Emergency situations. In an emer- (b) of this section, no person may ma- gency that requires immediate decision nipulate the controls, act as PIC, act and action for the safety of the flight, as second-in-command, or provide pilot the pilot in command of an aircraft training for a Mitsubishi MU–2B series may deviate from this section to the airplane unless that person meets the extent required by that emergency. Ex- requirements of this subpart. cept for U.S. air carriers and commer- (b) A person who does not meet the cial operators that are subject to the requirements of this subpart may ma- requirements of 14 CFR parts 119, 121, nipulate the controls of a Mitsubishi 125, or 135, each person who deviates MU–2B series airplane if a pilot in com- from this section must, within 10 days mand who meets the requirements of of the deviation, excluding Saturdays, this subpart is occupying a pilot sta- Sundays, and Federal holidays, submit tion, no passengers or cargo are carried to the responsible Flight Standards Of- on board the airplane, and the flight is fice a complete report of the operations being conducted for one of the fol- of the aircraft involved in the devi- lowing reasons— ation, including a description of the de- (1) The pilot in command is providing viation and the reasons for it. pilot training to the manipulator of (e) Expiration. This SFAR will remain the controls; in effect until October 31, 2022. The (2) The pilot in command is con- FAA may amend, rescind, or extend ducting a maintenance test flight with this SFAR, as necessary. a second pilot or certificated mechanic; or [Docket No. FAA-2020-0874, Amdt. No. 91-359, (3) The pilot in command is con- 85 FR 68440, Oct. 29, 2020] ducting simulated instrument flight and is using a safety pilot other than the pilot in command who manipulates

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the controls for the purposes of (1) The requirements for ground and § 91.109(b). flight training on Initial/transition, (c) A person is required to complete Requalification, Recurrent, and Dif- Initial/transition training if that person ferences training have been completed has fewer than— in accordance with an FAA approved (1) 50 hours of documented flight MU–2B training program that meets time manipulating the controls while the standards of this subpart; and serving as pilot in command of a (2) That person’s logbook has been Mitsubishi MU–2B series airplane in endorsed in accordance with paragraph the preceding 24 months; or (f) of this section. (2) 500 hours of documented flight (b) Except as provided in § 91.1703(b), time manipulating the controls while no person may manipulate the con- serving as pilot in command of a trols, act as pilot in command, or act Mitsubishi MU–2B series airplane. as second-in-command, of a Mitsubishi (d) A person is eligible to receive Re- MU–2B series airplane for the purpose qualification training in lieu of Initial/ of flight unless— transition training if that person has (1) That person satisfactorily com- at least— pletes, if applicable, annual Recurrent (1) 50 hours of documented flight pilot training on the Special Emphasis time manipulating the controls while Items, and all items listed in the Train- serving as pilot in command of a ing Course Final Phase Check in accord- Mitsubishi MU–2B series airplane in ance with an FAA approved MU–2B the preceding 24 months; or training program that meets the stand- (2) 500 hours of documented flight ards of this subpart; and time manipulating the controls while (2) That person’s logbook has been serving as pilot in command of a endorsed in accordance with paragraph Mitsubishi MU–2B series airplane. (f) of this section. (e) A person is required to complete (c) Satisfactory completion of the Recurrent training within the preceding competency check required by § 135.293 12 months. Successful completion of of this chapter within the preceding 12 Initial/transition or Requalification calendar months may not be sub- training within the preceding 12 stituted for the Mitsubishi MU–2B se- months satisfies the requirement of ries airplane annual recurrent flight Recurrent training. A person must suc- training of this section. cessfully complete Initial/transition (d) Satisfactory completion of a Fed- training or Requalification training be- eral Aviation Administration spon- fore being eligible to receive Recurrent sored pilot proficiency program, as de- training. scribed in § 61.56(e) of this chapter may (f) Successful completion of Initial/ not be substituted for the Mitsubishi transition training or Requalification MU–2B series airplane annual recurrent training is a one-time requirement. A flight training of this section. person may elect to retake Initial/tran- (e) If a person complies with the re- sition training or Requalification quirements of paragraph (a) or (b) of training in lieu of Recurrent training. this section in the calendar month be- (g) A person is required to complete fore or the calendar month after the Differences training in accordance with month in which compliance with these an FAA approved MU–2B training pro- paragraphs are required, that person is gram if that person operates more than considered to have accomplished the one MU–2B model as specified in training requirement in the month the § 91.1707(c). training is due. (f) The endorsement required under § 91.1705 Required pilot training. paragraph (a) and (b) of this section (a) Except as provided in § 91.1703(b), must be made by— no person may manipulate the con- (1) A certificated flight instructor or trols, act as pilot in command, or act a simulator instructor authorized by a as second-in-command of a Mitsubishi Training Center certificated under part MU–2B series airplane for the purpose 142 of this chapter and meeting the of flight unless— qualifications of § 91.1713; or

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(2) For persons operating the (x) Approach to stall in landing con- Mitsubishi MU–2B series airplane for a figuration with gear down and 40-de- 14 CFR part 119 certificate holder with- grees of flaps; in the last 12 calendar months, the part (xi) Accelerated stall with no flaps; 119 certificate holder’s flight instructor (xii) Emergency descent at low speed; if authorized by the FAA and if that (xiii) Emergency descent at high flight instructor meets the require- speed; ments of § 91.1713. (xiv) Unusual attitude recovery with (g) All training conducted for a the nose high; Mitsubishi MU–2B series airplane must (xv) Unusual attitude recovery with be completed in accordance with an the nose low; MU–2B series airplane checklist that (xvi) Normal landing with 20- and 40- has been accepted by the Federal Avia- degrees flaps; tion Administration’s MU–2B Flight (xvii) Go around and rejected land- Standardization Board or the applica- ing; ble MU–2B series checklist (incor- (xviii) No flap or 5- degrees flaps porated by reference, see § 91.1721). landing; (h) MU–2B training programs must (xix) One engine inoperative landing contain ground training and flight with 5- and 20- degrees flaps; training sufficient to ensure pilot pro- (xx) Crosswind landing; ficiency for the safe operation of MU– (xxi) Instrument landing system 2B aircraft, including: (ILS) and missed approach ; (1) A ground training curriculum suf- (xxii) Two engine missed approach; ficient to ensure pilot knowledge of (xxiii) One engine inoperative ILS MU–2B aircraft, aircraft systems, and and missed approach; procedures, necessary for safe oper- (xxiv) One engine inoperative missed ation; and approach; (2) Flight training curriculum includ- (xxv) Non-precision and missed ap- ing flight training maneuver profiles proach; sufficient in number and detail to en- (xxvi) Non-precision continuous de- sure pilot proficiency in all MU–2B op- scent final approach and missed ap- erations for each MU–2B model in cor- proach; relation with MU–2B limitations, pro- (xxvii) One engine inoperative non- cedures, aircraft performance, and MU– precision and missed approach; 2B Cockpit Checklist procedures appli- (xxviii) One engine inoperative non- cable to the MU–2B model being precision CDFA and missed approach; trained. A MU–2B training program (xxix) Circling approach at weather must contain, at a minimum, the fol- minimums; lowing flight training maneuver pro- (xxx) One engine inoperative circling files applicable to the MU–2B model approach at weather minimums. being trained: (3) Flight training must include a (i) Normal takeoff with 5- and 20- de- final phase check sufficient to docu- grees flaps; ment pilot proficiency in the flight (ii) Takeoff engine failure with 5- and training maneuver profiles at the com- 20- degrees flaps; pletion of training; and (iii) Takeoff engine failure on runway (4) Differences training for applicable or rejected takeoff; MU–2B model variants sufficient to en- (iv) Takeoff engine failure after lift- sure pilot proficiency in each model op- off—unable to climb (may be completed erated. Current MU–2B differences re- in classroom or flight training device quirements are specified in § 91.1707(c). only); A person must complete Differences (v) Steep turns; training if a person operates more than (vi) Slow flight maneuvers; one MU–2B model as specified in (vii) One engine inoperative maneu- § 91.1707(c). Differences training be- vering with loss of directional control; tween the factory type design K and M (viii) Approach to stall in clean con- models of the MU–2B airplane, and the figuration and with wings level; factory type design J and L models of (ix) Approach to stall in takeoff con- the MU–2B airplane, may be accom- figuration with 15- to 30- degrees bank; plished with Level A training. All

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other factory type design differences (ii) An MU–2B airplane must be oper- training must be accomplished with ated in accordance with an FAA ap- Level B training unless otherwise spec- proved MU–2B training program that ified in § 91.1707(c) . A Level A or B dif- meets the standards of this subpart and ferences training is not a recurring an- the training hours in § 91.1707. nual requirement. Once a person has (7) Endorsements given for compli- completed Initial Level A or B Dif- ance with paragraph (f) of this section ferences training between the applica- must be appropriate to the content of ble different models, no additional dif- that specific MU–2B training program’s ferences training between those models compliance with standards of this sub- is required. part. (5) Icing training sufficient to ensure pilot knowledge and safe operation of § 91.1707 Training program hours. the MU–2B aircraft in icing conditions (a) Ground instruction hours are list- as established by the FAA; ed in the following table: (6) Ground and flight training pro- grams must include training hours Initial/transition Requalificaton Recurrent identified by § 91.1707(a) for ground in- 20 hours ...... 12 hours ...... 8 hours. struction, § 91.1707(b) for flight instruc- tion, and § 91.1707(c) for differences (b) Flight instruction hours are listed training. in the following table: (i) No training credit is given for sec- ond-in-command training and no credit Initial/transition Requalification Recurrent is given for right seat time under this 12 hours with a 8 hours level C or 4 hours at level E, program. Only the sole manipulator of minimum of 6 level E. or 6 hours at the controls of the MU–2B airplane, hours at level E. level C. flight training device, or Level C or D simulator can receive training credit (c) Differences training hours are under this program; listed in the following table:

2 factory type design models concurrently ...... 1.5 hours required at level B. More than 2 factory type design models concurrently .... 3 hours at level B. Each additional factory type design model added sepa- 1.5 hours at level B. rately.

(d) Definitions of levels of training as § 91.1709 Training program approval. used in this subpart: To obtain approval for an MU–2B (1) LEVEL A Training—Training that training program, training providers is conducted through self-instruction must submit a proposed training pro- by the pilot. gram to the Administrator. (2) LEVEL B Training—Training that (a) Only training programs approved is conducted in the classroom environ- by the Administrator may be used to ment with the aid of a qualified in- satisfy the standards of this subpart. structor who meets the requirements (b) For part 91 training providers, of this subpart. training programs will be approved for (3) LEVEL C Training—Training that 24 months, unless sooner superseded or is accomplished in an FAA-approved rescinded. Level 5 or 6 flight training device. In (c) The Administrator may require addition to the basic FTD require- revision of an approved MU–2B training ments, the FTD must be representative program at any time. of the MU–2B cockpit controls and be (d) A training provider must present specifically approved by the FAA for its approved training program and FAA the MU–2B airplane. approval documentation to any rep- (4) Level E Training—Training that resentative of the Administrator, upon must be accomplished in the MU–2B request. airplane, Level C simulator, or Level D simulator.

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§ 91.1711 Aeronautical experience. fore giving flight instruction for the No person may act as a pilot in com- Mitsubishi MU–2B series airplane; mand of a Mitsubishi MU–2B series air- (3) Each flight instructor who pro- plane for the purpose of flight unless vides flight training for the Mitsubishi that person holds an airplane category MU–2B series airplane must have: and multi-engine land class rating, and (i) A minimum total pilot time of has logged a minimum of 100 flight 2000 pilot–in-command hours and 800 hours of PIC time in multi-engine air- pilot-in-command hours in multiengine planes. airplanes; and (ii) Within the preceding 12 months, § 91.1713 Instruction, checking, and either 50 hours of Mitsubishi MU–2B se- evaluation. ries airplane pilot-in-command experi- (a) Flight Instructor (Airplane). No ence or 50 hours providing simulator or flight instructor may provide instruc- flight training device instruction for tion or conduct a flight review in a the Mitsubishi MU–2B. Mitsubishi MU–2B series airplane un- (c) Checking and evaluation. No person less that flight instructor may provide checking or evaluation for (1) Meets the pilot training and docu- the Mitsubishi MU–2B series airplane mentation requirements of § 91.1705 be- unless that person meets the require- fore giving flight instruction in the ments of this paragraph— Mitsubishi MU–2B series airplane; (1) For the purpose of checking, des- (2) Meets the currency requirements ignated pilot examiners, training cen- of §§ 91.1715(a) and 91.1715(c) ter evaluators, and check airmen must (3) Has a minimum total pilot time of have completed the appropriate train- 2,000 pilot-in-command hours and 800 ing in the Mitsubishi MU–2B series air- pilot-in-command hours in multiengine plane in accordance with § 91.1705; airplanes; and (2) For checking conducted in the (4) Has: (i) 300 pilot-in-command hours in the Mitsubishi MU–2B series airplane, each Mitsubishi MU–2B series airplane, 50 designated pilot examiner and check hours of which must have been within airman must have 100 hours pilot-in- the preceding 12 months; or command flight time in the Mitsubishi (ii) 100 pilot-in-command hours in the MU–2B series airplane and maintain Mitsubishi MU–2B series airplane, 25 currency in accordance with § 91.1715. hours of which must have been within § 91.1715 Currency requirements and the preceding 12 months, and 300 hours flight review. providing instruction in a FAA-ap- proved Mitsubishi MU–2B simulator or (a) The takeoff and landing currency FAA-approved Mitsubishi MU–2B flight requirements of § 61.57 of this chapter training device, 25 hours of which must must be maintained in the Mitsubishi have been within the preceding 12 MU–2B series airplane. Takeoff and months. landings in other multiengine air- (b) Flight Instructor (Simulator/Flight planes do not meet the takeoff and Training Device). No flight instructor landing currency requirements for the may provide instruction for the Mitsubishi MU–2B series plane. Takeoff Mitsubishi MU–2B series airplane un- and landings in either the short-body less that instructor meets the require- or long-body Mitsubishi MU–2B model ments of this paragraph— airplane may be credited toward take- (1) Each flight instructor who pro- off and landing currency for both vides flight training for the Mitsubishi Mitsubishi MU–2B model groups. MU–2B series airplane must meet the (b) Instrument experience obtained in pilot training and documentation re- other category and class of aircraft quirements of § 91.1705 before giving may be used to satisfy the instrument flight instruction for the Mitsubishi currency requirements of § 61.57 of this MU–2B series airplane; chapter for the Mitsubishi MU–2B se- (2) Each flight instructor who pro- ries airplane. vides flight training for the Mitsubishi (c) Satisfactory completion of a MU–2B series airplane must meet the flight review to satisfy the require- currency requirements of § 91.1715(c) be- ments of § 61.56 of this chapter is valid

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for operation of a Mitsubishi MU–2B se- Aviation Administration MU–2B Flight ries airplane only if that flight review Standardization Board, is accessible for is conducted in a Mitsubishi MU–2B se- each flight at the pilot station and is ries airplane or an MU–2B Simulator used by the flight crewmembers when approved for landings with an approved operating the airplane. course conducted under part 142 of this (e) No person may operate a chapter. The flight review for Mitsubishi MU–2B series airplane con- Mitsubishi MU–2B series airplanes trary to the standards of this subpart. must include the Special Emphasis (f) If there are any differences be- Items, and all items listed in the Train- ing Course Final Phase Check in accord- tween the training and operating re- ance with an approved MU–2B Training quirements of this subpart and the Program. MU–2B Airplane Flight Manual’s proce- (d) A person who successfully com- dures sections (Normal, Abnormal, and pletes the Initial/transition, Requali- Emergency) and the MU–2B airplane fication, or Recurrent training require- series checklist incorporated by ref- ments under § 91.1705 of this chapter erence in § 91.1721, the person operating also meet the requirements of § 61.56 of the airplane must operate the airplane this chapter and need not accomplish a in accordance with the training speci- separate flight review provided that at fied in this subpart. least 1 hour of the flight training was conducted in the Mitsubishi MU–2B se- § 91.1719 Credit for prior training. ries airplane or an MU–2B Simulator Initial/transition, requalification, re- approved for landings with an approved current or Level B differences training course conducted under part 142 of this conducted prior to November 7, 2016, chapter. compliant with SFAR No. 108, Section [Docket FAA–2006–24981, Amdt. 91–344, 81 FR 3 of this part, is considered to be com- 61591, Sept. 7, 2016; Amdt. 91–344A, 82 FR pliant with this subpart, if the student 21472, May 9, 2017] met the eligibility requirements for § 91.1717 Operating requirements. the applicable category of training and the student’s instructor met the expe- (a) Except as provided in paragraph rience requirements of this subpart. (b) of this section, no person may oper- ate a Mitsubishi MU–2B airplane in sin- § 91.1721 Incorporation by reference. gle pilot operations unless that air- plane has a functional autopilot. (a) The Mitsubishi Heavy Industries (b) A person may operate a MU–2B Cockpit Checklists are incor- Mitsubishi MU–2B airplane in single porated by reference into this part. The pilot operations without a functional Director of the Federal Register ap- autopilot when— proved this incorporation by reference (1) Operating under day visual flight in accordance with 5 U.S.C. 552(a) and 1 rule requirements; or CFR part 51. All approved material is (2) Authorized under a FAA approved available for inspection at U.S. Depart- minimum equipment list for that air- ment of Transportation, Docket Man- plane, operating under instrument agement Facility, Room W 12–140, West flight rule requirements in daytime Building Ground Floor, 1200 New Jer- visual meteorological conditions. sey Ave. SE., Washington, DC 20590– (c) No person may operate a 0001, or at the National Archives and Mitsubishi MU–2B series airplane un- Records Administration, call 202–741– less a copy of the appropriate 6030, or go to: http://www.archives.gov/ Mitsubishi Heavy Industries MU–2B federallregister/ Airplane Flight Manual is carried on board the airplane and is accessible codeloflfederallregulations/ during each flight at the pilot station. ibrllocations.html. (d) No person may operate a (b) Mitsubishi Heavy Industries Mitsubishi MU–2B series airplane un- America, Inc., 4951 Airport Parkway, less an MU–2B series airplane check- Suite 530, Addison, TX 75001. list, appropriate for the model being (1) Mitsubishi Heavy Industries MU– operated and accepted by the Federal 2B Checklists:

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(i) Cockpit Checklist, Model MU–2B– ment No. YET06244A, accepted by FSB 60, Type Certificate A10SW, MHI Docu- on March 2, 2007. ment No. YET06220C, accepted by FSB (2) [Reserved] on February 12, 2007. (ii) Cockpit Checklist, Model MU–2B– [Docket FAA–2006–24981, Amdt. 91–344, 81 FR 61591, Sept. 7, 2016; Amdt. 91–344A, 82 FR 40, Type Certificate A10SW, MHI Docu- 21472, May 9, 2017] ment No. YET06256A, accepted by FSB on February 12, 2007. (iii) Cockpit Checklist, Model MU– 2B–36A, Type Certificate A10SW, MHI APPENDIX A TO PART 91—CATEGORY II Document No. YET06257B, accepted by OPERATIONS: MANUAL, INSTRU- FSB on February 12, 2007. MENTS, EQUIPMENT, AND MAINTE- (iv) Cockpit Checklist, Model MU–2B– NANCE 36, Type Certificate A2PC, MHI Docu- ment No. YET06252B, accepted by FSB 1. Category II Manual on February 12, 2007. (a) Application for approval. An applicant (v) Cockpit Checklist, Model MU–2B– for approval of a Category II manual or an 35, Type Certificate A2PC, MHI Docu- amendment to an approved Category II man- ment No. YET06251B, accepted by FSB ual must submit the proposed manual or on February 12, 2007. amendment to the responsible Flight Stand- (vi) Cockpit Checklist, Model MU–2B– ards office. If the application requests an 30, Type Certificate A2PC, MHI Docu- evaluation program, it must include the fol- ment No. YET06250A, accepted by FSB lowing: on March 2, 2007. (1) The location of the aircraft and the (vii) Cockpit Checklist, Model MU– place where the demonstrations are to be conducted; and 2B–26A, Type Certificate A10SW, MHI (2) The date the demonstrations are to Document No. YET06255A, accepted by commence (at least 10 days after filing the FSB on February 12, 2007. application). (viii) Cockpit Checklist, Model MU– (b) Contents. Each Category II manual 2B–26, Type Certificate A2PC, MHI Doc- must contain: ument No. YET06249A, accepted by (1) The registration number, make, and FSB on March 2, 2007. model of the aircraft to which it applies; (ix) Cockpit Checklist, Model MU–2B– (2) A maintenance program as specified in 26, Type Certificate A10SW, MHI Docu- section 4 of this appendix; and ment No. YET06254A, accepted by FSB (3) The procedures and instructions related to recognition of decision height, use of run- on March 2, 2007. way visual range information, approach (x) Cockpit Checklist, Model MU–2B– monitoring, the decision region (the region 25, Type Certificate A10SW, MHI Docu- between the middle marker and the decision ment No. YET06253A, accepted by FSB height), the maximum permissible devi- on March 2, 2007. ations of the basic ILS indicator within the (xi) Cockpit Checklist, Model MU–2B– decision region, a missed approach, use of 25, Type Certificate A2PC, MHI Docu- airborne low approach equipment, minimum ment No. YET06248A, accepted by FSB altitude for the use of the autopilot, instru- ment and equipment failure warning sys- on March 2, 2007. tems, instrument failure, and other proce- (xii) Cockpit Checklist, Model MU– dures, instructions, and limitations that 2B–20, Type Certificate A2PC, MHI Doc- may be found necessary by the Adminis- ument No. YET06247A, accepted by trator. FSB on February 12, 2007. (xiii)–(xiv) [Reserved] 2. Required Instruments and Equipment (xv) Cockpit Checklist, Model MU– The instruments and equipment listed in 2B–15, Type Certificate A2PC, MHI Doc- this section must be installed in each air- ument No. YET06246A, accepted by craft operated in a Category II operation. FSB on March 2, 2007. This section does not require duplication of (xvi) Cockpit Checklist, Model MU– instruments and equipment required by § 91.205 or any other provisions of this chap- 2B–10, Type Certificate A2PC, MHI Doc- ter. ument No. YET06245A, accepted by (a) Group I. (1) Two localizer and glide FSB on March 2, 2007. slope receiving systems. Each system must (xvii) Cockpit Checklist, Model MU– provide a basic ILS display and each side of 2B, Type Certificate A2PC, MHI Docu- the instrument panel must have a basic ILS

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display. However, a single localizer antenna the instruments and equipment, it must be and a single glide slope antenna may be used. shown that since the beginning of the 12th (2) A communications system that does not calendar month before the date of submis- affect the operation of at least one of the sion— ILS systems. (1) The ILS localizer and glide slope equip- (3) A marker beacon receiver that provides ment were bench checked according to the distinctive aural and visual indications of manufacturer’s instructions and found to the outer and the middle markers. meet those standards specified in RTCA (4) Two gyroscopic pitch and bank indi- Paper 23–63/DO–117 dated March 14, 1963, cating systems. ‘‘Standard Adjustment Criteria for Airborne (5) Two gyroscopic direction indicating Localizer and Glide Slope Receivers,’’ which systems. may be obtained from the RTCA Secretariat, (6) Two airspeed indicators. 1425 K St., NW., Washington, DC 20005. (7) Two sensitive altimeters adjustable for (2) The altimeters and the static pressure barometric pressure, each having a placarded systems were tested and inspected in accord- correction for altimeter scale error and for ance with appendix E to part 43 of this chap- the wheel height of the aircraft. After June ter; and 26, 1979, two sensitive altimeters adjustable (3) All other instruments and items of for barometric pressure, having markings at equipment specified in section 2(a) of this ap- 20-foot intervals and each having a placarded pendix that are listed in the proposed main- correction for altimeter scale error and for tenance program were bench checked and the wheel height of the aircraft. found to meet the manufacturer’s specifica- (8) Two vertical speed indicators. tions. (9) A flight control guidance system that (b) Flight control guidance system. All com- consists of either an automatic approach ponents of the flight control guidance sys- coupler or a flight director system. A flight tem must be approved as installed by the director system must display computed in- evaluation program specified in paragraph formation as steering command in relation (e) of this section if they have not been ap- to an ILS localizer and, on the same instru- proved for Category III operations under ap- ment, either computed information as pitch plicable type or supplemental type certifi- command in relation to an ILS glide slope or cation procedures. In addition, subsequent basic ILS glide slope information. An auto- changes to make, model, or design of the matic approach coupler must provide at components must be approved under this least automatic steering in relation to an paragraph. Related systems or devices, such ILS localizer. The flight control guidance as the autothrottle and computed missed ap- system may be operated from one of the re- proach guidance system, must be approved in ceiving systems required by subparagraph (1) the same manner if they are to be used for of this paragraph. Category II operations. (10) For Category II operations with deci- (c) Radio altimeter. A radio altimeter must sion heights below 150 feet either a marker meet the performance criteria of this para- beacon receiver providing aural and visual graph for original approval and after each indications of the inner marker or a radio al- subsequent alteration. timeter. (1) It must display to the flight crew clear- (b) Group II. (1) Warning systems for imme- ly and positively the wheel height of the diate detection by the pilot of system faults main landing gear above the terrain. in items (1), (4), (5), and (9) of Group I and, if (2) It must display wheel height above the installed for use in Category III operations, terrain to an accuracy of plus or minus 5 feet the radio altimeter and autothrottle system. or 5 percent, whichever is greater, under the (2) Dual controls. following conditions: (3) An externally vented static pressure (i) Pitch angles of zero to plus or minus 5 system with an alternate static pressure degrees about the mean approach attitude. source. (ii) Roll angles of zero to 20 degrees in ei- (4) A windshield wiper or equivalent means ther direction. of providing adequate cockpit visibility for a (iii) Forward velocities from minimum ap- safe visual transition by either pilot to proach speed up to 200 knots. touchdown and rollout. (iv) Sink rates from zero to 15 feet per sec- (5) A heat source for each airspeed system ond at altitudes from 100 to 200 feet. pitot tube installed or an equivalent means (3) Over level ground, it must track the ac- of preventing malfunctioning due to icing of tual altitude of the aircraft without signifi- the pitot system. cant lag or oscillation. (4) With the aircraft at an altitude of 200 3. Instruments and Equipment Approval feet or less, any abrupt change in terrain (a) General. The instruments and equip- representing no more than 10 percent of the ment required by section 2 of this appendix aircraft’s altitude must not cause the altim- must be approved as provided in this section eter to unlock, and indicator response to before being used in Category II operations. such changes must not exceed 0.1 seconds Before presenting an aircraft for approval of and, in addition, if the system unlocks for

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greater changes, it must reacquire the signal (ii) The reasons for discontinuing an ap- in less than 1 second. proach, including the altitude above the run- (5) Systems that contain a push-to-test way at which it was discontinued. feature must test the entire system (with or (iii) Speed control at the 100-foot decision without an antenna) at a simulated altitude height if auto throttles are used. of less than 500 feet. (iv) Trim condition of the aircraft upon (6) The system must provide to the flight disconnecting the auto coupler with respect crew a positive failure warning display any to continuation to flare and landing. time there is a loss of power or an absence of (v) Position of the aircraft at the middle ground return signals within the designed marker and at the decision height indicated range of operating altitudes. both on a diagram of the basic ILS display (d) Other instruments and equipment. All and a diagram of the runway extended to the other instruments and items of equipment middle marker. Estimated touchdown point required by § 2 of this appendix must be capa- must be indicated on the runway diagram. ble of performing as necessary for Category (vi) Compatibility of flight director with II operations. Approval is also required after the auto coupler, if applicable. each subsequent alteration to these instru- (vii) Quality of overall system perform- ments and items of equipment. ance. (4) Evaluation. A final evaluation of the (e) Evaluation program—(1) Application. Ap- flight control guidance system is made upon proval by evaluation is requested as a part of successful completion of the demonstrations. the application for approval of the Category If no hazardous tendencies have been dis- II manual. played or are otherwise known to exist, the (2) Demonstrations. Unless otherwise au- system is approved as installed. thorized by the Administrator, the evalua- tion program for each aircraft requires the 4. Maintenance program demonstrations specified in this paragraph. At least 50 ILS approaches must be flown (a) Each maintenance program must con- with at least five approaches on each of tain the following: three different ILS facilities and no more (1) A list of each instrument and item of than one half of the total approaches on any equipment specified in § 2 of this appendix one ILS facility. All approaches shall be that is installed in the aircraft and approved flown under simulated instrument conditions for Category II operations, including the to a 100-foot decision height and 90 percent of make and model of those specified in § 2(a). (2) A schedule that provides for the per- the total approaches made must be success- formance of inspections under subparagraph ful. A successful approach is one in which— (5) of this paragraph within 3 calendar (i) At the 100-foot decision height, the indi- months after the date of the previous inspec- cated airspeed and heading are satisfactory tion. The inspection must be performed by a for a normal flare and landing (speed must be person authorized by part 43 of this chapter, plus or minus 5 knots of programmed air- except that each alternate inspection may be speed, but may not be less than computed replaced by a functional flight check. This threshold speed if autothrottles are used); functional flight check must be performed (ii) The aircraft at the 100-foot decision by a pilot holding a Category II pilot author- height, is positioned so that the cockpit is ization for the type aircraft checked. within, and tracking so as to remain within, (3) A schedule that provides for the per- the lateral confines of the runway extended; formance of bench checks for each listed in- (iii) Deviation from glide slope after leav- strument and item of equipment that is spec- ing the outer marker does not exceed 50 per- ified in section 2(a) within 12 calendar cent of full-scale deflection as displayed on months after the date of the previous bench the ILS indicator; check. (iv) No unusual roughness or excessive at- (4) A schedule that provides for the per- titude changes occur after leaving the mid- formance of a test and inspection of each dle marker; and static pressure system in accordance with (v) In the case of an aircraft equipped with appendix E to part 43 of this chapter within an approach coupler, the aircraft is suffi- 12 calendar months after the date of the pre- ciently in trim when the approach coupler is vious test and inspection. disconnected at the decision height to allow (5) The procedures for the performance of for the continuation of a normal approach the periodic inspections and functional flight and landing. checks to determine the ability of each list- (3) Records. During the evaluation program ed instrument and item of equipment speci- the following information must be main- fied in section 2(a) of this appendix to per- tained by the applicant for the aircraft with form as approved for Category II operations respect to each approach and made available including a procedure for recording func- to the Adninistrator upon request: tional flight checks. (i) Each deficiency in airborne instruments (6) A procedure for assuring that the pilot and equipment that prevented the initiation is informed of all defects in listed instru- of an approach. ments and items of equipment.

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(7) A procedure for assuring that the condi- ders, guidelines, and orders prior to such ac- tion of each listed instrument and item of tion. equipment upon which maintenance is per- (c) In addition, each application for an au- formed is at least equal to its Category II ap- thorization to exceed Mach 1 covered by sec- proval condition before it is returned to serv- tion 2(a) of this appendix must contain— ice for Category II operations. (1) Information showing that operation at (8) A procedure for an entry in the mainte- a speed greater than Mach 1 is necessary to nance records required by § 43.9 of this chap- accomplish one or more of the purposes spec- ter that shows the date, airport, and reasons ified in section 2(a) of this appendix, includ- for each discontinued Category II operation ing a showing that the purpose of the test because of a malfunction of a listed instru- cannot be safely or properly accomplished by ment or item of equipment. overocean testing; (b) Bench check. A bench check required by (2) A description of the test area proposed this section must comply with this para- by the applicant, including an environmental graph. analysis of that area meeting the require- (1) It must be performed by a certificated ments of paragraph (b) of this section; and repair station holding one of the following (3) Conditions and limitations that will en- ratings as appropriate to the equipment sure that no measurable sonic boom over- checked: pressure will reach the surface outside of the (i) An instrument rating. designated test area. (ii) A radio rating. (d) An application is denied if the Adminis- (2) It must consist of removal of an instru- trator finds that such action is necessary to ment or item of equipment and performance protect or enhance the environment. of the following: (i) A visual inspection for cleanliness, im- Section 2. Issuance pending failure, and the need for lubrication, (a) For a flight in a designated test area, repair, or replacement of parts; an authorization to exceed Mach 1 may be (ii) Correction of items found by that vis- issued when the Administrator has taken the ual inspection; and environmental protective actions specified (iii) Calibration to at least the manufac- in section 1(b) of this appendix and the appli- turer’s specifications unless otherwise speci- cant shows one or more of the following: fied in the approved Category II manual for (1) The flight is necessary to show compli- the aircraft in which the instrument or item ance with airworthiness requirements. of equipment is installed. (2) The flight is necessary to determine the (c) Extensions. After the completion of one sonic boom characteristics of the airplane or maintenance cycle of 12 calendar months, a to establish means of reducing or elimi- request to extend the period for checks, nating the effects of sonic boom. tests, and inspections is approved if it is (3) The flight is necessary to demonstrate shown that the performance of particular the conditions and limitations under which equipment justifies the requested extension. speeds greater than a true flight Mach num- [Doc. No. 18334, 54 FR 34325, Aug. 18, 1989, as ber of 1 will not cause a measurable sonic amended by Amdt. 91–269, 66 FR 41116, Aug. 6, boom overpressure to reach the surface. 2001; Docket FAA–2018–0119, Amdt. 91–350, 83 (b) For a flight outside of a designated test FR 9172, Mar. 5, 2018] area, an authorization to exceed Mach 1 may be issued if the applicant shows conserv- APPENDIX B TO PART 91—AUTHORIZA- atively under paragraph (a)(3) of this section TIONS TO EXCEED MACH 1 (§ 91.817) that— (1) The flight will not cause a measurable Section 1. Application sonic boom overpressure to reach the surface (a) An applicant for an authorization to ex- when the aircraft is operated under condi- ceed Mach 1 must apply in a form and man- tions and limitations demonstrated under ner prescribed by the Administrator and paragraph (a)(3) of this section; and must comply with this appendix. (2) Those conditions and limitations rep- (b) In addition, each application for an au- resent all foreseeable operating conditions. thorization to exceed Mach 1 covered by sec- Section 3. Duration tion 2(a) of this appendix must contain all information requested by the Administrator (a) An authorization to exceed Mach 1 is ef- necessary to assist him in determining fective until it expires or is surrendered, or whether the designation of a particular test until it is suspended or terminated by the area or issuance of a particular authoriza- Administrator. Such an authorization may tion is a ‘‘major Federal action significantly be amended or suspended by the Adminis- affecting the quality of the human environ- trator at any time if the Administrator finds ment’’ within the meaning of the National that such action is necessary to protect the Environmental Policy Act of 1969 (42 U.S.C. environment. Within 30 days of notification 4321 et seq.), and to assist him in complying of amendment, the holder of the authoriza- with that act and with related Executive Or- tion must request reconsideration or the

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amendment becomes final. Within 30 days of Los Angeles, CA (Los Angeles International notification of suspension, the holder of the Airport) authorization must request reconsideration Memphis, TN (Memphis International Air- or the authorization is automatically termi- port) nated. If reconsideration is requested within Miami, FL (Miami International Airport) the 30-day period, the amendment or suspen- Minneapolis, MN (Minneapolis-St. Paul sion continues until the holder shows why International/Wold-Chamberlain Airport) the authorization should not be amended or Newark, NJ (Newark Liberty International terminated. Upon such showing, the Admin- Airport) istrator may terminate or amend the author- New Orleans, LA (Louis Armstrong New Or- ization if the Administrator finds that such leans International Airport) action is necessary to protect the environ- New York, NY (John F. Kennedy Inter- ment, or he may reinstate the authorization national Airport) without amendment if he finds that termi- New York, NY (LaGuardia Airport) nation or amendment is not necessary to Orlando, FL (Orlando International Airport) protect the environment. Philadelphia, PA (Philadelphia International (b) Findings and actions by the Adminis- Airport) trator under this section do not affect any Phoenix, AZ (Phoenix Sky Harbor Inter- certificate issued under title VI of the Fed- national Airport) eral Aviation Act of 1958. Pittsburgh, PA (Pittsburgh International Airport) [Doc. No. 18334, 54 FR 34327, Aug. 18, 1989] St. Louis, MO (Lambert-St. Louis Inter- national Airport) [RESERVED] Salt Lake City, UT (Salt Lake City Inter- national Airport) APPENDIX D TO PART 91—AIRPORTS/LO- San Diego, CA (Miramar Marine Corps Air CATIONS: SPECIAL OPERATING RE- Station) STRICTIONS San Diego, CA (San Diego International Air- port) Section 1. Locations at which the require- San Francisco, CA (San Francisco Inter- ments of § 91.215(b)(2) and § 91.225(d)(2) apply. national Airport) The requirements of §§ 91.215(b)(2) and Seattle, WA (Seattle-Tacoma International 91.225(d)(2) apply below 10,000 feet MSL with- Airport) in a 30-nautical-mile radius of each location Tampa, FL (Tampa International Airport) in the following list. Washington, DC (Ronald Reagan Washington Atlanta, GA (Hartsfield-Jackson Atlanta National Airport) International Airport) Section 2. Airports at which the require- Baltimore, MD (Baltimore/Washington Inter- ments of § 91.215(b)(5)(ii) apply. [Reserved] national Thurgood Marshall Airport) Section 3. Locations at which fixed-wing Boston, MA (General Edward Lawrence Special VFR operations are prohibited. Logan International Airport) The Special VFR weather minimums of Camp Springs, MD (Joint Base Andrews) § 91.157 do not apply to the following air- Chantilly, VA (Washington Dulles Inter- ports: national Airport) Atlanta, GA (Hartsfield-Jackson Atlanta Charlotte, NC (Charlotte/Douglas Inter- International Airport) national Airport) Baltimore, MD (Baltimore/Washington Inter- Chicago, IL (Chicago-O’Hare International national Thurgood Marshall Airport) Airport) Boston, MA (General Edward Lawrence Cleveland, OH (Cleveland-Hopkins Inter- Logan International Airport) national Airport) Buffalo, NY (Greater Buffalo International Covington, KY (Cincinnati/Northern Ken- Airport) tucky International Airport) Camp Springs, MD (Joint Base Andrews) Dallas, TX (Dallas/Fort Worth International Chicago, IL (Chicago-O’Hare International Airport) Airport) Denver, CO (Denver International Airport) Cleveland, OH (Cleveland-Hopkins Inter- Detroit, MI (Detroit Metropolitan Wayne national Airport) County Airport) Columbus, OH (Port Columbus International Honolulu, HI (Honolulu International Air- Airport) port) Covington, KY (Cincinnati/Northern Ken- Houston, TX (George Bush Intercontinental/ tucky International Airport) Houston Airport) Dallas, TX (Dallas/Fort Worth International Houston, TX (William P. Hobby Airport) Airport) Kansas City, MO (Kansas City International Dallas, TX (Dallas Love Field Airport) Airport) Denver, CO (Denver International Airport) Las Vegas, NV (McCarran International Air- Detroit, MI (Detroit Metropolitan Wayne port) County Airport)

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Honolulu, HI (Honolulu International Air- not permitted at any of the following air- port) ports. Houston, TX (George Bush Intercontinental/ Atlanta, GA (Hartsfield-Jackson Atlanta Houston Airport) International Airport) Indianapolis, IN (Indianapolis International Boston, MA (General Edward Lawrence Airport) Logan International Airport) Los Angeles, CA (Los Angeles International Camp Springs, MD (Joint Base Andrews) Airport) Chicago, IL (Chicago-O’Hare International Louisville, KY (Louisville International Air- Airport) port-Standiford Field) Dallas, TX (Dallas/Fort Worth International Memphis, TN (Memphis International Air- Airport) port) Los Angeles, CA (Los Angeles International Miami, FL (Miami International Airport) Airport) Minneapolis, MN (Minneapolis-St. Paul Miami, FL (Miami International Airport) International/Wold-Chamberlain Airport) Newark, NJ (Newark Liberty International Newark, NJ (Newark Liberty International Airport) Airport) New York, NY (John F. Kennedy Inter- New York, NY (John F. Kennedy Inter- national Airport) national Airport) New York, NY (LaGuardia Airport) New York, NY (LaGuardia Airport) New Orleans, LA (Louis Armstrong New Or- San Francisco, CA (San Francisco Inter- leans International Airport) national Airport) Philadelphia, PA (Philadelphia International Washington, DC (Ronald Reagan Washington Airport) National Airport) Pittsburgh, PA (Pittsburgh International [Amdt. 91–227, 56 FR 65661, Dec. 17, 1991] Airport) Portland, OR (Portland International Air- EDITORIAL NOTE: For FEDERAL REGISTER ci- port) tations affecting appendix D to part 91, see San Francisco, CA (San Francisco Inter- the List of CFR Sections Affected, which ap- national Airport) pears in the Finding Aids section of the Seattle, WA (Seattle-Tacoma International printed volume and at www.govinfo.gov. Airport) EFFECTIVE DATE NOTE: By Amdt. 91–236, 59 St. Louis, MO (Lambert-St. Louis Inter- FR 2918, Jan. 19, 1994, as corrected by Amdt. national Airport) 91–237, 59 FR 6547, Feb. 11, 1994, appendix D to Tampa, FL (Tampa International Airport) part 91 was amended in sections 1 and 3 in Washington, DC (Ronald Reagan Washington the Denver, CO, entry by revising National Airport) ‘‘Stapleton’’ to read ‘‘Denver’’ effective Mar. Section 4. Locations at which solo student, 9, 1994. By Amdt. 91–238, 59 FR 10958, Mar. 9, sport, and recreational pilot activity is not 1994, the effective date was delayed to May permitted. 15, 1994. By Amdt. 91–241, 59 FR 24916, May 13, Pursuant to § 91.131(b)(2), solo student, 1994, the effective date was suspended indefi- sport, and recreational pilot operations are nitely.

APPENDIX E TO PART 91—AIRPLANE FLIGHT RECORDER SPECIFICATIONS

1 Installed system min- Sampling interval (per Parameters Range imum accuracy (to recov- Resolution 4 read out ered data) second)

Relative Time (From 8 hr minimum ...... ±0.125% per hour ...... 1 ...... 1 sec. Recorded on Prior to Takeoff). Indicated Airspeed ..... Vso to VD (KIAS) ...... ±5% or ±10 kts., which- 1 ...... 1% 3 ever is greater. Resolu- tion 2 kts. below 175 KIAS. Altitude ...... ¥1,000 ft. to max cert. ±100 to ±700 ft. (see 1 ...... 25 to 150 ft. alt. of A/C. Table 1, TSO C51–a). Magnetic Heading ..... 360° ...... ±5° ...... 1 ...... 1° Vertical Acceleration .. ¥3g to + 6g ...... ±0.2g in addition to ±0.3g 4 (or 1 per second 0.03g. maximum datum. where peaks, ref. to 1g are recorded). Longitudinal Accelera- ±1.0g ...... ±1.5% max. range ex- 2 ...... 0.01g. tion. cluding datum error of ±5%. Pitch Attitude ...... 100% of usable ...... ±2° ...... 1 ...... 0.8°

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1 Installed system min- Sampling interval (per Parameters Range imum accuracy (to recov- Resolution 4 read out ered data) second)

Roll Attitude ...... ±60° or 100% of usable ±2° ...... 1 ...... 0.8° range, whichever is greater. Stabilizer Trim Posi- Full Range ...... ±3% unless higher 1 ...... 1% 3 tion, or. uniquely required. Pitch Control Posi- tion 5. Engine Power, Each Full Range ...... ±3% unless higher 1 ...... 1% 3 Engine: uniquely required. Fan or N 1 Speed Maximum Range ...... ±5% ...... 1 ...... 1% 3 or EPR or Cockpit indica- tions Used for Aircraft Certifi- cation OR. Prop. speed and ...... 1 (prop Speed) ...... 1%3 Torque (Sam- 1 (torque) ...... 1% 3 ple Once/Sec as Close to- gether as Prac- ticable). Altitude Rate 2 (need ±8,000 fpm ...... ±10%. Resolution 250 1 ...... 250 fpm. below depends on altitude fpm below 12,000 ft. in- 12,000 resolution). dicated. Angle of Attack 2 ¥20° to 40° or 100% of ±2° ...... 1 ...... 0.8%3 (need depends on usable range. altitude resolution). Radio Transmitter On/Off ...... 1. Keying (Discrete). TE Flaps (Discrete or Each discrete position (U, ...... 1. Analog). D, T/O, AAP) OR. LE Flaps (Discrete or Analog 0–100% range ..... ±3% ...... 1 ...... 1%3 Analog). Each discrete position (U, ...... 1. D, T/O, AAP) OR. Thrust Reverser, Analog 0–100% range ..... ±3° ...... 1 ...... 1%3 Each Engine (Dis- crete). Stowed or full reverse. Spoiler/Speedbrake Stowed or out ...... 1. (Discrete). Autopilot Engaged Engaged or Disengaged ...... 1. (Discrete). 1 When data sources are aircraft instruments (except altimeters) of acceptable quality to fly the aircraft the recording system excluding these sensors (but including all other characteristics of the recording system) shall contribute no more than half of the values in this column. 2 If data from the altitude encoding altimeter (100 ft. resolution) is used, then either one of these parameters should also be re- corded. If however, altitude is recorded at a minimum resolution of 25 feet, then these two parameters can be omitted. 3 Per cent of full range. 4 This column applies to aircraft manufactured after October 11, 1991. 5 For Pitch Control Position only, for all aircraft manufactured on or after April 6, 2012, the sampling interval (per second) is 8. Each input must be recorded at this rate. Alternately sampling inputs (interleaving) to meet this sampling interval is prohibited.

[Doc. No. 18334, 54 FR 34327, Aug. 18, 1989, as amended by Amdt. 91–300, 73 FR 12565, Mar. 7, 2008; 73 FR 15280, Mar. 21, 2008; Amdt. 91–313, 75 FR 17046, Apr. 5, 2010; Amdt. 91–329, 78 FR 39971, July 3, 2013]

APPENDIX F TO PART 91—HELICOPTER FLIGHT RECORDER SPECIFICATIONS

Installed system 1 min- Parameters Range imum accuracy (to recov- Sampling interval (per Resolution 3 read out ered data) second)

Relative Time (From 4 hr minimum ...... ±0.125% per hour ...... 1 ...... 1 sec. Recorded on Prior to Takeoff). Indicated Airspeed ..... VM in to VD (KIAS) (min- ±5% or ±10 kts., which- 1 ...... 1 kt. imum airspeed signal ever is greater. attainable with installed pilot-static system). Altitude ...... ¥1,000 ft. to 20,000 ft. ±100 to ±700 ft. (see 1 ...... 25 to 150 ft. pressure altitude. Table 1, TSO C51–a).

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Installed system 1 min- Parameters Range imum accuracy (to recov- Sampling interval (per Resolution 3 read out ered data) second)

Magnetic Heading ..... 360° ...... ±5° ...... 1 ...... 1° Vertical Acceleration .. ¥3g to + 6g ...... ±0.2g in addition to ±0.3g 4 (or 1 per second 0.05g. maximum datum. where peaks, ref. to 1g are recorded). Longitudinal Accelera- ±1.0g ...... ±1.5% max. range ex- 2 ...... 0.03g. tion. cluding datum error of ±5%. Pitch Attitude ...... 100% of usable range ..... ±2° ...... 1 ...... 0.8° Roll Attitude ...... ±60 or 100% of usable ±2° ...... 1 ...... 0.8° range, whichever is greater. Altitude Rate ...... ±8,000 fpm ...... ±10% Resolution 250 fpm 1 ...... 250 fpm below below 12,000 ft. indi- 12,000. cated. Engine Power, Each Engine Main Rotor Speed ..... Maximum Range ...... ±5% ...... 1 ...... 1%2. Free or Power Tur- Maximum Range ...... ±5% ...... 1 ...... 1%2. bine. Engine Torque ...... Maximum Range ...... ±5% ...... 1 ...... 1%2. Flight Control Hydraulic Pressure Primary (Discrete) ..... High/Low ...... 1. Secondary—if appli- High/Low ...... 1. cable (Discrete). Radio Transmitter On/Off ...... 1. Keying (Discrete). Autopilot Engaged Engaged or Disengaged ...... 1. (Discrete). SAS Status-Engaged Engaged or Disengaged ...... 1. (Discrete). SAS Fault Status Fault/OK ...... 1. (Discrete). Flight Controls Collective 4 ...... Full range ...... ±3% ...... 2 ...... 1%2. Pedal Position 4 ...... Full range ...... ±3% ...... 2 ...... 1%2. Lat. Cyclic 4 ...... Full range ...... ±3% ...... 2 ...... 1%2. Long. Cyclic 4 ...... Full range ...... ±3% ...... 2 ...... 1%2. Controllable Stabilator Full range ...... ±3% ...... 2 ...... 1%2. Position 4. 1 When data sources are aircraft instruments (except altimeters) of acceptable quality to fly the aircraft the recording system excluding these sensors (but including all other characteristics of the recording system) shall contribute no more than half of the values in this column. 2 Per cent of full range. 3 This column applies to aircraft manufactured after October 11, 1991. 4 For all aircraft manufactured on or after April 6, 2012, the sampling interval per second is 4.

[Doc. No. 18334, 54 FR 34328, Aug. 18, 1989; 54 FR 41211, Oct. 5, 1989; 54 FR 53036, Dec. 26, 1989; Amdt. 91–300, 73 FR 12565, Mar. 7, 2008; 73 FR 15280, Mar. 21, 2008; Amdt. 91–313, 75 FR 17046, Apr. 5, 2010]

APPENDIX G TO PART 91—OPERATIONS IN Administrator, in which each of the aircraft REDUCED VERTICAL SEPARATION satisfy each of the following: MINIMUM (RVSM) AIRSPACE (a) The aircraft have been manufactured to the same design, and have been approved Section 1. Definitions under the same type certificate, amended type certificate, or supplemental type cer- Reduced Vertical Separation Minimum tificate. (RVSM) Airspace. Within RVSM airspace, air traffic control (ATC) separates aircraft by a (b) The static system of each aircraft is in- minimum of 1,000 feet vertically between FL stalled in a manner and position that is the 290 and FL 410 inclusive. Air-traffic control same as those of the other aircraft in the notifies operators of RVSM airspace by pro- group. The same static source error correc- viding route planning information. tion is incorporated in each aircraft of the RVSM Group Aircraft. Aircraft within a group. group of aircraft, approved as a group by the

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(c) The avionics units installed in each air- (1) An identification of the RVSM aircraft craft to meet the minimum RVSM equip- group or the nongroup aircraft; ment requirements of this appendix are: (2) A definition of the RVSM flight enve- (1) Manufactured to the same manufac- lopes applicable to the subject aircraft; turer specification and have the same part (3) Documentation that establishes compli- number; or ance with the applicable RVSM aircraft re- (2) Of a different manufacturer or part quirements of this section; and number, if the applicant demonstrates that (4) The conformity tests used to ensure the equipment provides equivalent system that aircraft approved with the data package performance. meet the RVSM aircraft requirements. RVSM Nongroup Aircraft. An aircraft that (c) Altitude-keeping equipment: All aircraft. is approved for RVSM operations as an indi- To approve an aircraft group or a nongroup vidual aircraft. aircraft, the Administrator must find that RVSM Flight envelope. An RVSM flight en- the aircraft meets the following require- velope includes the range of Mach number, ments: weight divided by atmospheric pressure (1) The aircraft must be equipped with two ratio, and altitudes over which an aircraft is operational independent altitude measure- approved to be operated in cruising flight ment systems. within RVSM airspace. RVSM flight enve- (2) The aircraft must be equipped with at lopes are defined as follows: least one automatic altitude control system (a) The full RVSM flight envelope is bounded that controls the aircraft altitude— as follows: (i) Within a tolerance band of ±65 feet (1) The altitude flight envelope extends about an acquired altitude when the aircraft from FL 290 upward to the lowest altitude of is operated in straight and level flight under the following: (i) FL 410 (the RVSM altitude limit); nonturbulent, nongust conditions; or ± (ii) The maximum certificated altitude for (ii) Within a tolerance band of 130 feet the aircraft; or under nonturbulent, nongust conditions for (iii) The altitude limited by cruise thrust, aircraft for which application for type cer- buffet, or other flight limitations. tification occurred on or before April 9, 1997 (2) The airspeed flight envelope extends: that are equipped with an automatic altitude (i) From the airspeed of the slats/flaps-up control system with flight management/per- maximum endurance (holding) airspeed, or formance system inputs. the maneuvering airspeed, whichever is (3) The aircraft must be equipped with an lower; altitude alert system that signals an alert (ii) To the maximum operating airspeed when the altitude displayed to the flight (Vmo/Mmo), or airspeed limited by cruise crew deviates from the selected altitude by thrust buffet, or other flight limitations, more than: whichever is lower. (i) ±300 feet for aircraft for which applica- (3) All permissible gross weights within the tion for type certification was made on or flight envelopes defined in paragraphs (1) and before April 9, 1997; or (2) of this definition. (ii) ±200 feet for aircraft for which applica- (b) The basic RVSM flight envelope is the tion for type certification is made after same as the full RVSM flight envelope ex- April 9, 1997. cept that the airspeed flight envelope ex- (d) Altimetry system error containment: Group tends: aircraft for which application for type certifi- (1) From the airspeed of the slats/flaps-up cation was made on or before April 9, 1997. To maximum endurance (holding) airspeed, or approve group aircraft for which application the maneuver airspeed, whichever is lower; for type certification was made on or before (2) To the upper Mach/airspeed boundary April 9, 1997, the Administrator must find defined for the full RVSM flight envelope, or that the altimetry system error (ASE) is a specified lower value not less than the contained as follows: long-range cruise Mach number plus .04 (1) At the point in the basic RVSM flight Mach, unless further limited by available envelope where mean ASE reaches its largest cruise thrust, buffet, or other flight limita- absolute value, the absolute value may not tions. exceed 80 feet. (2) At the point in the basic RVSM flight Section 2. Aircraft Approval envelope where mean ASE plus three stand- (a) Except as specified in Section 9 of this ard deviations reaches its largest absolute appendix, an operator may be authorized to value, the absolute value may not exceed 200 conduct RVSM operations if the Adminis- feet. trator finds that its aircraft comply with (3) At the point in the full RVSM flight en- this section. velope where mean ASE reaches its largest (b) The applicant for authorization shall absolute value, the absolute value may not submit the appropriate data package for air- exceed 120 feet. craft approval. The package must consist of (4) At the point in the full RVSM flight en- at least the following: velope where mean ASE plus three standard

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deviations reaches its largest absolute value, specifications issued under subpart K of this the absolute value may not exceed 245 feet. part, as appropriate. To issue an RVSM au- (5) Necessary operating restrictions. If the ap- thorization under this section, the Adminis- plicant demonstrates that its aircraft other- trator must find that the operator’s aircraft wise comply with the ASE containment re- have been approved in accordance with Sec- quirements, the Administrator may estab- tion 2 of this appendix and the operator com- lish an operating restriction on that appli- plies with this section. cant’s aircraft to restrict the aircraft from (b) Except as specified in Section 9 of this operating in areas of the basic RVSM flight appendix, an applicant seeking authorization envelope where the absolute value of mean to operate within RVSM airspace must apply ASE exceeds 80 feet, and/or the absolute in a form and manner prescribed by the Ad- value of mean ASE plus three standard devi- ministrator. The application must include ations exceeds 200 feet; or from operating in the following: areas of the full RVSM flight envelope where (1) [Reserved] the absolute value of the mean ASE exceeds (2) For an applicant who operates under 120 feet and/or the absolute value of the part 121 or 135 of this chapter or under sub- mean ASE plus three standard deviations ex- part K of this part, initial and recurring ceeds 245 feet. pilot training requirements. (e) Altimetry system error containment: Group (3) Policies and procedures: An applicant aircraft for which application for type certifi- cation is made after April 9, 1997. To approve who operates under part 121 or 135 of this group aircraft for which application for type chapter or under subpart K of this part must certification is made after April 9, 1997, the submit RVSM policies and procedures that Administrator must find that the altimetry will enable it to conduct RVSM operations system error (ASE) is contained as follows: safely. (1) At the point in the full RVSM flight en- (c) In a manner prescribed by the Adminis- velope where mean ASE reaches its largest trator, an operator seeking authorization absolute value, the absolute value may not under this section must provide evidence exceed 80 feet. that: (2) At the point in the full RVSM flight en- (1) It is capable to operate and maintain velope where mean ASE plus three standard each aircraft or aircraft group for which it deviations reaches its largest absolute value, applies for approval to operate in RVSM air- the absolute value may not exceed 200 feet. space; and (f) Altimetry system error containment: (2) Each pilot has knowledge of RVSM re- Nongroup aircraft. To approve a nongroup air- quirements, policies, and procedures suffi- craft, the Administrator must find that the cient for the conduct of operations in RVSM altimetry system error (ASE) is contained as airspace. follows: (1) For each condition in the basic RVSM Section 4. RVSM Operations flight envelope, the largest combined abso- (a) Each person requesting a clearance to lute value for residual static source error operate within RVSM airspace shall cor- plus the avionics error may not exceed 160 rectly annotate the flight plan filed with air feet. traffic control with the status of the oper- (2) For each condition in the full RVSM flight envelope, the largest combined abso- ator and aircraft with regard to RVSM ap- lute value for residual static source error proval. Each operator shall verify RVSM ap- plus the avionics error may not exceed 200 plicability for the flight planned route feet. through the appropriate flight planning in- (g) Traffic Alert and Collision Avoidance formation sources. System (TCAS) Compatibility With RVSM (b) No person may show, on the flight plan Operations: All aircraft. After March 31, 2002, filed with air traffic control, an operator or unless otherwise authorized by the Adminis- aircraft as approved for RVSM operations, or trator, if you operate an aircraft that is operate on a route or in an area where RVSM equipped with TCAS II in RVSM airspace, it approval is required, unless: must be a TCAS II that meets TSO C–119b (1) The operator is authorized by the Ad- (Version 7.0), or a later version. ministrator to perform such operations in (h) If the Administrator finds that the ap- accordance with Section 3 or Section 9 of plicant’s aircraft comply with this section, this appendix, as applicable. the Administrator notifies the applicant in (2) The aircraft— writing. (i) Has been approved and complies with Section 2 this appendix; or Section 3. Operator Authorization (ii) Complies with Section 9 of this appen- (a) Except as specified in Section 9 of this dix. appendix, authority for an operator to con- (3) Each pilot has knowledge of RVSM re- duct flight in airspace where RVSM is ap- quirements, policies, and procedures suffi- plied is issued in operations specifications, a cient for the conduct of operations in RVSM Letter of Authorization, or management airspace.

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Section 5. Deviation Authority Approval tification occurred on or before April 9, 1997, that are equipped with an automatic altitude The Administrator may authorize an air- control system with flight management/per- craft operator to deviate from the require- formance system inputs. ments of §§ 91.180 or 91.706 for a specific flight (3) An altitude alert system that signals an in RVSM airspace if— alert when the altitude displayed to the (a) The operator submits a request in a flightcrew deviates from the selected alti- time and manner acceptable to the Adminis- tude by more than— trator; and (i) ±300 feet for aircraft for which applica- (b) At the time of filing the flight plan for tion for type certification was made on or that flight, ATC determines that the aircraft before April 9, 1997; or may be provided appropriate separation and (ii) ±200 feet for aircraft for which applica- that the flight will not interfere with, or im- tion for type certification is made after pose a burden on, RVSM operations. April 9, 1997. Section 6. Reporting Altitude-Keeping Errors (4) A TCAS II that meets TSO C–119b (Version 7.0), or a later version, if equipped Each operator shall report to the Adminis- with TCAS II, unless otherwise authorized trator each event in which the operator’s by the Administrator. aircraft has exhibited the following altitude- (5) Unless authorized by ATC or the foreign keeping performance: country where the aircraft is operated, an (a) Total vertical error of 300 feet or more; ADS–B Out system that meets the equip- (b) Altimetry system error of 245 feet or ment performance requirements of § 91.227 of more; or this part. The aircraft must have its height- (c) Assigned altitude deviation of 300 feet keeping performance monitored in a form or more. and manner acceptable to the Administrator. (b) The altimetry system error (ASE) of Section 7. Removal or Amendment of Authority the aircraft does not exceed 200 feet when op- The Administrator may prohibit or re- erating in RVSM airspace. strict an operator from conducting oper- [Doc. No. 28870, 62 FR 17487, Apr. 9, 1997, as ations in RVSM airspace, if the Adminis- amended by Amdt. 91–261, 65 FR 5942, Feb. 7, trator determines that the operator is not 2000; Amdt. 91–271, 66 FR 63895, Dec. 10, 2001; complying, or is unable to comply, with this Amdt. 91–274, 68 FR 54584, Sept. 17, 2003; appendix or subpart H of this part. Examples Amdt. 91–276, 68 FR 70133, Dec. 17, 2003; Dock- of reasons for amendment, revocation, or re- et FAA–2015–1746, Amdt. 91–342, 81 FR 47017, striction include, but are not limited to, an July 20, 2016; Docket FAA–2016–9154, Amdt. operator’s: 91–348, 82 FR 39664, Aug. 22, 2017; FAA-2017- (a) Committing one or more altitude-keep- 0782, Amdt. No. 91-354, 83 FR 65492, Dec. 21, ing errors in RVSM airspace; 2018] (b) Failing to make an effective and timely response to identify and correct an altitude- keeping error; or PART 93—SPECIAL AIR TRAFFIC (c) Failing to report an altitude-keeping RULES error. SPECIAL FEDERAL AVIATION REGULATION NO. Section 8. Airspace Designation 60 [NOTE] RVSM may be applied in all ICAO Flight Information Regions (FIRs). Subpart A—General Section 9. Aircraft Equipped With Automatic Sec. Dependent Surveillance—Broadcast Out 93.1 Applicability. An operator is authorized to conduct flight Subparts B–C [Reserved] in airspace in which RVSM is applied pro- vided: Subpart D—Anchorage, Alaska, Terminal (a) The aircraft is equipped with the fol- Area lowing: (1) Two operational independent altitude 93.51 Applicability. measurement systems. 93.53 Description of area. (2) At least one automatic altitude control 93.55 Subdivision of Terminal Area. system that controls the aircraft altitude— 93.57 General rules: All segments. (i) Within a tolerance band of ±65 feet 93.59 General rules: International segment. about an acquired altitude when the aircraft 93.61 General rules: Lake Hood segment. is operated in straight and level flight under 93.63 General rules: Merrill segment. nonturbulent, nongust conditions; or 93.65 General rules: Elmendorf segment. (ii) Within a tolerance band of ±130 feet 93.67 General rules: Bryant segment. under nonturbulent, nongust conditions for 93.68 General rules: Seward Highway seg- aircraft for which application for type cer- ment.

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