SUBCHAPTER F—AIR TRAFFIC AND GENERAL OPERATING RULES
PART 91—GENERAL OPERATING 91.117 Aircraft speed. 91.119 Minimum safe altitudes: General. AND FLIGHT RULES 91.121 Altimeter settings. 91.123 Compliance with ATC clearances and SPECIAL FEDERAL AVIATION REGULATIONS instructions. SFAR No. 29–4 91.125 ATC light signals. SFAR No. 50–2 91.126 Operating on or in the vicinity of an SFAR No. 51–1 airport in Class G airspace. SFAR No. 60 91.127 Operating on or in the vicinity of an SFAR No. 61–2 airport in Class E airspace. SFAR No. 62 91.129 Operations in Class D airspace. SFAR No. 64 91.130 Operations in Class C airspace. SFAR No. 65–1 91.131 Operations in Class B airspace. SFAR No. 66–2 91.133 Restricted and prohibited areas. SFAR No. 67 91.135 Operations in Class A airspace. SFAR No. 71 91.137 Temporary flight restrictions. SFAR No. 77 91.138 Temporary flight restrictions in na- SFAR No. 78 tional disaster areas in the State of Ha- SFAR No. 79 waii. 91.139 Emergency air traffic rules. Subpart A—General 91.141 Flight restrictions in the proximity of the Presidential and other parties. Sec. 91.143 Flight limitation in the proximity of 91.1 Applicability. space flight operations. 91.3 Responsibility and authority of the 91.144 Temporary restriction on flight oper- pilot in command. ations during abnormally high baro- 91.5 Pilot in command of aircraft requiring metric pressure conditions. more than one required pilot. 91.145—91.149 [Reserved] 91.7 Civil aircraft airworthiness. 91.9 Civil aircraft flight manual, marking, VISUAL FLIGHT RULES and placard requirements. 91.11 Prohibition against interference with 91.151 Fuel requirements for flight in VFR crewmembers. conditions. 91.13 Careless or reckless operation. 91.153 VFR flight plan: Information re- 91.15 Dropping objects. quired. 91.17 Alcohol or drugs. 91.155 Basic VFR weather minimums. 91.19 Carriage of narcotic drugs, marihuana, 91.157 Special VFR weather minimums. and depressant or stimulant drugs or 91.159 VFR cruising altitude or flight level. substances. 91.161—91.165 [Reserved] 91.21 Portable electronic devices. 91.23 Truth-in-leasing clause requirement in INSTRUMENT FLIGHT RULES leases and conditional sales contracts. 91.167 Fuel requirements for flight in IFR 91.25 Aviation Safety Reporting Program: conditions. Prohibition against use of reports for en- 91.169 IFR flight plan: Information required. forcement purposes. 91.171 VOR equipment check for IFR oper- 91.27—91.99 [Reserved] ations. 91.173 ATC clearance and flight plan re- Subpart B—Flight Rules quired. 91.175 Takeoff and landing under IFR. GENERAL 91.177 Minimum altitudes for IFR oper- 91.101 Applicability. ations. 91.103 Preflight action. 91.179 IFR cruising altitude or flight level. 91.105 Flight crewmembers at stations. 91.181 Course to be flown. 91.107 Use of safety belts, shoulder har- 91.183 IFR radio communications. nesses, and child restraint systems. 91.185 IFR operations: Two-way radio com- 91.109 Flight instruction; Simulated instru- munications failure. ment flight and certain flight tests. 91.187 Operation under IFR in controlled 91.111 Operating near other aircraft. airspace: Malfunction reports. 91.113 Right-of-way rules: Except water op- 91.189 Category II and III operations: Gen- erations. eral operating rules. 91.115 Right-of-way rules: Water operations. 91.191 Category II and Category III manual.
167
VerDate 27
91.193 Certificate of authorization for cer- 91.415 Changes to aircraft inspection pro- tain Category II operations. grams. 91.195—91.199 [Reserved] 91.417 Maintenance records. 91.419 Transfer of maintenance records. Subpart C—Equipment, Instrument, and 91.421 Rebuilt engine maintenance records. Certificate Requirements 91.423—91.499 [Reserved] 91.201 [Reserved] Subpart F—Large and Turbine-Powered 91.203 Civil aircraft: Certifications required. Multiengine Airplanes 91.205 Powered civil aircraft with standard category U.S. airworthiness certificates: 91.501 Applicability. Instrument and equipment requirements. 91.503 Flying equipment and operating in- 91.207 Emergency locator transmitters. formation. 91.209 Aircraft lights. 91.505 Familiarity with operating limita- 91.211 Supplemental oxygen. tions and emergency equipment. 91.213 Inoperative instruments and equip- 91.507 Equipment requirements: Over-the- ment. top or night VFR operations. 91.215 ATC transponder and altitude report- 91.509 Survival equipment for overwater op- ing equipment and use. erations. 91.217 Data correspondence between auto- 91.511 Radio equipment for overwater oper- matically reported pressure altitude data ations. and the pilot’s altitude reference. 91.513 Emergency equipment. 91.219 Altitude alerting system or device: 91.515 Flight altitude rules. Turbojet-powered civil airplanes. 91.517 Passenger information. 91.221 Traffic alert and collision avoidance 91.519 Passenger briefing. system equipment and use. 91.521 Shoulder harness. 91.223—91.299 [Reserved] 91.523 Carry-on baggage. 91.525 Carriage of cargo. Subpart D—Special Flight Operations 91.527 Operating in icing conditions. 91.301 [Reserved] 91.529 Flight engineer requirements. 91.303 Aerobatic flight. 91.531 Second in command requirements. 91.305 Flight test areas. 91.533 Flight attendant requirements. 91.307 Parachutes and parachuting. 91.535 Stowage of food, beverage, and pas- 91.309 Towing: Gliders. senger service equipment during aircraft 91.311 Towing: Other than under § 91.309. movement on the surface, takeoff, and 91.313 Restricted category civil aircraft: Op- landing. erating limitations. 91.537—91.599 [Reserved] 91.315 Limited category civil aircraft: Oper- ating limitations. Subpart G—Additional Equipment and Op- 91.317 Provisionally certificated civil air- erating Requirements for Large and craft: Operating limitations. Transport Category Aircraft 91.319 Aircraft having experimental certifi- cates: Operating limitations. 91.601 Applicability. 91.321 Carriage of candidates in Federal 91.603 Aural speed warning device. elections. 91.605 Transport category civil airplane 91.323 Increased maximum certificated weight limitations. weights for certain airplanes operated in 91.607 Emergency exits for airplanes carry- Alaska. ing passengers for hire. 91.325 Primary category aircraft: Operating 91.609 Flight recorders and cockpit voice re- limitations. corders. 91.326—91.399 [Reserved] 91.611 Authorization for ferry flight with one engine inoperative. Subpart E—Maintenance, Preventive 91.613 Materials for compartment interiors. Maintenance, and Alterations 91.615—91.699 [Reserved] 91.401 Applicability. Subpart H—Foreign Aircraft Operations 91.403 General. and Operations of U.S.-Registered Civil 91.405 Maintenance required. Aircraft Outside of the United States 91.407 Operation after maintenance, preven- tive maintenance, rebuilding, or alter- 91.701 Applicability. ation. 91.703 Operations of civil aircraft of U.S. 91.409 Inspections. registry outside of the United States. 91.411 Altimeter system and altitude report- 91.705 Operations within airspace des- ing equipment tests and inspections. ignated as Minimum Navigation Per- 91.413 ATC transponder tests and inspec- formance Specification Airspace. tions. 91.706 Operations within airspace designed
168
VerDate 27
as Reduced Vertical Separation Mini- ATIONS: MANUAL, INSTRUMENTS, EQUIP- mum Airspace. MENT, AND MAINTENANCE 91.707 Flights between Mexico or Canada APPENDIX B TO PART 91—AUTHORIZATIONS TO and the United States. EXCEED MACH 1 (§ 91.817) 91.709 Operations to Cuba. APPENDIX C TO PART 91—OPERATIONS IN THE 91.711 Special rules for foreign civil air- NORTH ATLANTIC (NAT) MINIMUM NAVIGA- craft. TION PERFORMANCE SPECIFICATIONS 91.713 Operation of civil aircraft of Cuban (MNPS) AIRSPACE registry. APPENDIX D TO PART 91—AIRPORTS/LOCA- 91.715 Special flight authorizations for for- TIONS: SPECIAL OPERATING RESTRICTIONS eign civil aircraft. APPENDIX E TO PART 91—AIRPLANE FLIGHT 91.717—91.799 [Reserved] RECORDER SPECIFICATIONS APPENDIX F TO PART 91—HELICOPTER FLIGHT Subpart I—Operating Noise Limits RECORDER SPECIFICATIONS APPENDIX G TO PART 91—OPERATIONS IN RE- 91.801 Applicability: Relation to part 36. DUCED VERTICAL SEPARATION MINIMUM 91.803 Part 125 operators: Designation of ap- (RVSM) AIRSPACE plicable regulations. 91.805 Final compliance: Subsonic airplanes. AUTHORITY: 49 U.S.C. 106(g), 1155, 40103, 91.807 Phased compliance under parts 121, 40113, 40120, 44101, 44111, 44701, 44709, 44711, 125, and 135: Subsonic airplanes. 44712, 44715, 44716, 44717, 44722, 46306, 46315, 91.809 Replacement airplanes. 46316, 46504, 46506–46507, 47122, 47508, 47528– 91.811 Service to small communities exemp- 47531, articles 12 and 29 of the Convention on tion: Two-engine, subsonic airplanes. International Civil Aviation (61 stat. 1180). 91.813 Compliance plans and status: U.S. op- erations of subsonic airplanes. SPECIAL FEDERAL AVIATION 91.815 Agricultural and fire fighting air- REGULATIONS planes: Noise operating limitations. 91.817 Civil aircraft sonic boom. SFAR NO. 29–4—LIMITED IFR 91.819 Civil supersonic airplanes that do not OPERATIONS OF ROTORCRAFT comply with part 36. 91.821 Civil supersonic airplanes: Noise lim- 1. Contrary provisions of parts 21, 27, and 29 its. of the Federal Aviation Regulations notwith- 91.823—91.849 [Reserved] standing, an operator of a rotorcraft that is 91.851 Definitions. not otherwise certificated for IFR operations 91.853 Final compliance: Civil subsonic air- may conduct an approved limited IFR oper- planes. ation in the rotorcraft when— 91.855 Entry and nonaddition rule. (a) FAA approval for the operation has 91.857 Stage 2 operations outside of the 48 been issued under paragraph 2 of this SFAR; contiguous United States, and authoriza- (b) The operator complies with all condi- tion for maintenance. tions and limitations established by this 91.859 Modification to meet Stage 3 noise SFAR and the approval; and levels. (c) A copy of the approval and this SFAR 91.861 Base level. are set forth as a supplement to the Rotor- 91.863 Transfers of Stage 2 airplanes with craft Flight Manual. base level. 2. FAA approval for the operation of a 91.865 Phased compliance for operators with rotorcraft in limited IFR operations may be base level. issued when the following conditions are 91.867 Phased compliance for new entrants. met: 91.869 Carry-forward compliance. (a) The operation is approved as part of the 91.871 Waivers from interim compliance re- FAA study of limited rotorcraft IFR oper- quirements. ations. 91.873 Waivers from final compliance. (b) Specific FAA approval has been ob- 91.875 Annual progress reports. tained for the following: 91.877 Annual reporting of Hawaiian oper- (i) The rotorcraft (make, model, and serial ations. number). 91.879—91.899 [Reserved] (ii) The flightcrew. (iii) The procedures to be followed in the Subpart J—Waivers operation of the rotorcraft under IFR and the equipment that must be operable during 91.901 [Reserved] such operations. 91.903 Policy and procedures. (c) The conditions and limitations nec- 91.905 List of rules subject to waivers. essary for the safe operation of the rotor- 91.907—91.999 [Reserved] craft in limited IFR operations have been es- APPENDICES TO PART 91 tablished, approved, and incorporated into the operating limitations section of the APPENDIX A TO PART 91—CATEGORY II OPER- Rotorcraft Flight Manual.
169
VerDate 27
3. An approval issued under paragraph 2 of 111°33′00″ W.; to lat. 36°19′00″ N., long. this Special Federal Aviation Regulation 111°50′50″ W.; to lat. 36°17′00″ N., long. and the change to the Rotorcraft Flight 111°42′00″ W.; to lat. 35°59′30″ N., long. Manual specified in paragraph 2(c) of this 111°42′00″ W.; to lat. 35°57′30″ N., long. Special Federal Aviation Regulation con- 112°03′55″ W.; thence counterclockwise via the stitute a supplemental type certificate for 5-statute mile radius of the Grand Canyon each rotorcraft approved under paragraph 2 Airport reference point (lat. 35°57′09″ N., long of this SFAR. The supplemental type certifi- 112°08′47″ W.) to lat. 35°57′30″ N., long. cate will remain in effect until the approval 112°14′00″ W.; to lat 35°57′30″ N., long. 113°11′00″ to operate issued under the Special Federal W.; to lat. 35°42′30″ N., long. 113°11′00″ W.; to Aviation Regulation is surrendered, revoked, lat. 35°38′30″ N., long. 113°27′30″ W.; thence or otherwise terminated. counterclockwise via the 5-statute mile ra- 4. Notwithstanding § 91.167(a)(3) of the Fed- dius of the Peach Springs VORTAC to lat. eral Aviation Regulations, a person may op- 35°41′20″ N., long. 113°36′00″ W.; to lat. 35°55′25″ erate a rotorcraft in a limited IFR operation N., long 113°49′10″ W.; to lat. 35°57′45″ N., long. approved under paragraph 2(a) of the Special 113°45′20″ W.; thence northwest along the Federal Aviation Regulation with enough park boundary to lat. 36°02′20″ N., long. fuel to fly, after reaching the alternate air- 113°50′15″ W.; to lat. 36°00′10″ N., long., port, for not less than 30 minutes, when that 113°53′45″ W.; thence to the point of begin- period of time has been approved. ning. 5. Expiration. Sec. 4. Flight-free zones. Except in an emer- (a) New applications for limited IFR rotor- gency or if otherwise necessary for safety of craft operations under SFAR No. 29 may be flight, or unless otherwise authorized by the submitted for approval until, but not includ- Flight Standards District Office for a pur- ing, the effective date of Amendment No. 1 of pose listed in Section 3(b), no person may op- the Rotorcraft Regulatory Review Program. erate an aircraft in the Special Flight Rules On and after the effective date of Amend- Area within the following areas: ment No. 1 of the Rotorcraft Regulatory Re- (a) Desert View Flight-Free Zone. Within an view Program, all applicants for certifi- area bounded by a line beginning at Lat. cation of IFR rotorcraft operations must 35°59′30″ N., Long. 111°46′20″ W. to 35°59′30″ N., comply with the applicable provisions of the Long. 111°52′45″ W.; to Lat. 36°04′50″ N., Long. Federal Aviation Regulations. 111°52′00″ W.; to Lat. 36°06′00″ N., Long. (b) This Special Federal Aviation Regula- 111°46′20″ W.; to the point of origin; but not tion will terminate when all approvals issued including the airspace at and above 10,500 under Special Federal Aviation Regulation feet MSL within 1 mile of the western bound- No. 29 are surrendered, revoked, or otherwise ary of the zone. The area between the Desert terminated. View and Bright Angel Flight-Free Zones is designated the ‘‘Zuni Point Corridor.’’ (Secs. 313(a), 601(a), and 603, Federal Aviation (b) Bright Angel Flight-Free Zone. Within an Act of 1958 (49 U.S.C. 1354(a), 1421(a), and 1423) area bounded by a line beginning at Lat. and section 6(c), Department of Transpor- 35°59′30″ N., Long. 111°55′30″ W.; to Lat. tation Act (49 U.S.C. 1655(c))) 35°59′30″ N., Long. 112°04′00″ W.; thence coun- [Doc. No. 14237, 48 FR 632, Jan. 6, 1983, as terclockwise via the 5-statute-mile radius of amended by Amdt. 91–211, 54 FR 34331, Aug. the Grand Canyon Airport point (Lat. 18, 1989] 35°57′09″ N., Long. 112°08′47″ W.) to Lat. 36°01′30″ N., Long. 112°11′00″ W.; to Lat. SFAR NO. 50–2—SPECIAL FLIGHT RULES 36°06′15″ N., Long. 112°12′50″ W.; to Lat. IN THE VICINITY OF THE GRAND CAN- 36°14′40″ N., Long. 112°08′50″ W.; to Lat. ° ′ ″ ° ′ ″ YON NATIONAL PARK, AZ 36 14 40 N., Long. 111 57 30 W.; to Lat. 36°12′30″ N., Long. 111°53′50″ W.; to the point Section 1. Applicability. This rule prescribes of origin; but not including the airspace at special operating rules for all persons oper- and above 10,500 feet MSL within 1 mile of ating aircraft in the following airspace, des- the eastern boundary between the southern ignated as the Grand Canyon National Park boundary and Lat. 36°04′50″ N. or the airspace Special Flight Rules Area: at and above 10,500 feet MSL within 2 miles That airspace extending upward from the of the northwest boundary. The area bounded surface up to but not including 14,500 feet by the Bright Angel and Shinumo Flight- MSL within an area bounded by a line begin- Free Zones is designated the ‘‘Dragon Cor- ning at lat. 36°09′30″ N., long. 114°03′00″ W.; ridor.’’ northeast to lat. 36°14′00″ N., long. 113°09′50″ (c) Shinumo Flight-Free Zone. Within an W.; thence northeast along the boundary of area bounded by a line beginning at lat. the Grand Canyon National Park to lat. 36°04′00″ N., long. 112°16′40″ W.; northwest 36°24′47″ N., long. 112°52′00″ W.; to lat. 36°30′30″ along the park boundary to a point at lat. N., long. 112°36′15″ W.; to lat. 36°21′30″ N., 36°12′47″ N., long. 112°30′53″ W.; to lat. 36°21′15″ long. 112°00′00″ W.; to lat. 36°35′30″ N., long. N., long. 112°20′20″ W.; east along the park 111°53′10″ W.; to lat. 36°53′00″ N., long. boundary to lat. 36°21′15″ N., long. 112°13′55″ 111°36′45″ W.; to lat. 36°53′00″ N., long. W.; to lat. 36°14′40″ N., long. 112°11′25″ W.; to
170
VerDate 27
the point of origin. The area between the Sec. 5. Minimum flight altitudes. Except in Thunder River/Toroweap and Shinumo an emergency or if otherwise necessary for Flight-Free Zones is designated the ‘‘Fossil safety of flight, or unless otherwise author- Canyon Corridor.’’ ized by the Flight Standards District Office (d) Toroweap/Thunder River Flight-Free for a purpose listed in Section 3(b), no person Zone. Within an area bounded by a line be- may operate an aircraft in the Special Flight ginning at lat. 36°22′45″ N., long. 112°20′35″ W.; Rules Area at an altitude lower than the fol- thence northwest along the boundary of the lowing: ° ′ ″ Grand Canyon National Park to lat. 36 17 48 (a) Eastern section from Lees Ferry to ° ′ ″ ° ′ ″ N., long. 113 03 15 W.; to lat. 36 15 00 N., North Canyon: 5,000 feet MSL. long. 113°07′10″ W.; to lat. 36°10′30″ N., long. (b) Eastern section from North Canyon to 113°07′10″ W.; thence east along the Colorado Boundary Ridge: 6,000 feet MSL. River to the confluence of Havasu Canyon (lat. 36°18′40″ N., long. 112°45′45″ W.;) including (c) Boundary Ridge to Supai (Yumtheska) that area within a 1.5-nautical-mile radius of Point: 7,500 feet MSL. Toroweap Overlook (lat. 36°12′45″ N., long. (d) Supai Point to Diamond Creek: 6,500 113°03′30″ W.) to the point of origin; but not feet MSL. including the following airspace designated (e) Western section from Diamond Creek to as the ‘‘Tuckup Corridor’’: at or above 10,500 the Grand Wash Cliffs: 5,000 feet MSL. feet MSL within 2 nautical miles either side Sec. 9. Termination date. Sections 1. Appli- of a line extending between lat. 36°24′47″ N., cability, Section 4, Flight-free zones, and long. 112°48′50″ W.; and lat. 36°17′10″ N., long. Section 5. Minimum flight altitudes, expire 112°48′50″ W.; to the point of origin. on 0901 UTC, January 31, 1999.
171
VerDate 27
[SFAR 50–2, 53 FR 20273, June 2, 1988; 53 FR 21988, June 13, 1988; 53 FR 32603, Aug. 26, 1988, as amended at 53 FR 36947, Sept. 22, 1988; 54 FR 11927, Mar. 22, 1989; 54 FR 34331, Aug. 18, 1989; 55 FR 13445, Apr. 10, 1990; 55 FR 15320, Apr. 23, 1990; 57 FR 26766, June 15, 1992; 60 FR 31610, June 15, 1995; 60 FR 65913, Dec. 20, 1995; 62 FR 8864, Feb. 26, 1997; 62 FR 66250, Dec. 17, 1997]
172
VerDate 27
EFFECTIVE DATE NOTE: By Doc. No. 28537, 62 i. Turbojet aircraft are prohibited from FR 66250, Dec. 17, 1997, Special Federal Avia- VFR operations in this area tion Regulation No. 50–2 was amended by re- Section 3. Notwithstanding the provisions vising section 9, effective Jan. 16, 1998. For of § 91.131(a), an air traffic control authoriza- the convenience of the user, the superseded tion is not required in the Los Angeles Spe- text is set forth as follows: cial Flight Rules Area for operations in com- pliance with section 2 of this SFAR. All SFAR NO. 50–2—SPECIAL FLIGHT RULES other provisions of § 91.131 apply to operate IN THE VICINITY OF THE GRAND CAN- in the Special Flight Rules Area. YON NATIONAL PARK, AZ AUTHORITY: 49 U.S.C. app. 1303, 1348, 1354(a), 1421, and 1422; 49 U.S.C. 106(g). * * * * * [Doc. No. 87–AWA–31, SFAR 51–1, 53 FR 3812, Sec. 9. Termination date. Sections 1. Appli- Feb. 9, 1988, as amended by Amdt. 91–227, 56 cability, Section 4, Flight-free zones, and FR 65652, Dec. 17, 1991] Section 5. Minimum flight altitudes, expire on 0901 UTC, January 31, 1998. SPECIAL FEDERAL AVIATION REGULATION NO. 60—AIR TRAFFIC CONTROL SYSTEM EMERGENCY OPERATION * * * * * 1. Each person shall, before conducting any SFAR NO. 51–1—SPECIAL FLIGHT RULES operation under the Federal Aviation Regu- IN THE VICINITY OF LOS ANGELES lations (14 CFR chapter I), be familiar with INTERNATIONAL AIRPORT all available information concerning that op- eration, including Notices to Airmen issued Section 1. Applicability: This rule estab- under § 91.139 and, when activated, the provi- lishes a special operating area for persons sions of the National Air Traffic Reduced operating aircraft under visual flight rules Complement Operations Plan available for (VFR) in the following airspace of the Los inspection at operating air traffic facilities Angeles Class B airspace area designated as and Regional air traffic division offices, and the Los Angeles Special Flight Rules the General Aviation Reservation Program. Area: * * * No operator may change the designated air- That part of Area A of the Los Angeles port of intended operation for any flight con- TCA between 3,500 feet above mean sea level tained in the October 1, 1990, OAG. (MSL) and 4,500 feet MSL, inclusive, bounded 2. Notwithstanding any provision of the on the north by Ballona Creek, on the east Federal Aviation Regulations to the con- by the San Diego Freeway, on the south by trary, no person may operate an aircraft in Imperial Highway, and on the west by the the Air Traffic Control System: Pacific Ocean shoreline. a. Contrary to any restriction, prohibition, Section 2. Aircraft operations, general. Un- procedure or other action taken by the Di- less otherwise authorized by the Adminis- rector of the Office of Air Traffic Systems trator, no person may operate an aircraft in Management (Director) pursuant to para- the airspace described in Section 1 unless the graph 3 of this regulation and announced in operation is conducted under the following a Notice to Airmen pursuant to § 91.139 of the rules. Federal Aviation Regulations. a. The flight must be conducted under VFR b. When the National Air Traffic Reduced and only when operation may be conducted Complement Operations Plan is activated in compliance with § 91.155(a). pursuant to paragraph 4 of this regulation, b. The aircraft must be equipped as speci- except in accordance with the pertinent pro- fied in FAR 91.215(b) replying on Code 1201 visions of the National Air Traffic Reduced prior to entering and while operating in this Complement Operations Plan. area. 3. Prior to or in connection with the imple- c. The pilot shall have a current Los Ange- mentation of the RCOP, and as conditions les Terminal Area Chart in the aircraft. warrant, the Director is authorized to: d. The pilot shall operate on the Santa a. Restrict, prohibit, or permit VFR and/or Monica very high frequency omni-directional IFR operations at any airport, Class B air- radio range (VOR) 132° radial. space area, Class C airspace area, or other e. Operations in a southeasterly direction class of controlled airspace. shall be in level flight at 3,500 feet MSL. b. Give priority at any airport to flights f. Operations in a northwesterly direction that are of military necessity, or are medical shall be in level flight at 4,500 feet MSL. emergency flights, Presidential flights, and g. Indicated airspeed shall not exceed 140 flights transporting critical Government em- knots. ployees. h. Anticollision lights and aircraft posi- c. Implement, at any airport, traffic man- tion/navigation lights shall be on. Use of agement procedures, that may include reduc- landing lights is recommended. tion of flight operations. Reduction of flight
173
VerDate 27
operations will be accomplished, to the ex- a departure from any point in Iraq in its in- tent practical, on a pro rata basis among and tended itinerary; or between air carrier, commercial operator, (c) No person shall operate an aircraft over and general aviation operations. Flights can- the territory of the United States if that air- celled under this SFAR at a high density craft’s flight itinerary includes any landing traffic airport will be considered to have at or departure from any point in Iraq. been operated for purposes of part 93 of the 3. Permitted operations. This SFAR shall Federal Aviation Regulations. not prohibit the flight operations between 4. The Director may activate the National the United States and Iraq described in sec- Air Traffic Reduced Complement Operations tion 2 of this SFAR by an aircraft authorized Plan at any time he finds that it is necessary to conduct such operations by the United for the safety and efficiency of the National States Government in consultation with the Airspace System. Upon activation of the committee established by UN Security Coun- RCOP and notwithstanding any provision of cil Resolution 661 (1990), and in accordance the FAR to the contrary, the Director is au- with UN Security Council Resolution 666 thorized to suspend or modify any airspace (1990). designation. 4. Emergency situations. In an emergency 5. Notice of restrictions, prohibitions, pro- that requires immediate decision and action cedures and other actions taken by the Di- for the safety of the flight, the pilot in com- rector under this regulation with respect to mand of an aircraft may deviate from this the operation of the Air Traffic Control sys- SFAR to the extent required by that emer- tem will be announced in Notices to Airmen gency. Except for U.S. air carriers and com- issued pursuant to § 91.139 of the Federal mercial operators that are subject to the re- Aviation Regulations. quirements of 14 CFR 121.557, 121.559, or 6. The Director may delegate his authority 135.19, each person who deviates from this under this regulation to the extent he con- rule shall, within ten (10) days of the devi- siders necessary for the safe and efficient op- ation, excluding Saturdays, Sundays, and eration of the National Air Traffic Control Federal holidays, submit to the nearest FAA System. Flight Standards District Office a complete report of the operations or the aircraft in- AUTHORITY: 49 U.S.C. app. 1301(7), 1303, 1344, 1348, 1352 through 1355, 1401, 1421 volved in the deviation, including a descrip- through 1431, 1471, 1472, 1502, 1510, 1522, and tion of the deviation and the reasons there- 2121 through 2125; articles 12, 29, 31, and 32(a) fore. of the Convention on International Civil 5. Duration. This SFAR No. 61–2 shall re- Aviation (61 stat. 1180); 42 U.S.C. 4321 et seq.; main in effect until further notice. E.O. 11514, 35 FR 4247, 3 CFR, 1966–1970 Comp., [Doc. No. 26380, 60 FR 49139, Sept. 21, 1995] p. 902; 49 U.S.C. 106(g). [Doc. No. 26351, 55 FR 40760, Oct. 4, 1990, as SPECIAL FEDERAL AVIATION REGULATION amended by Amdt. 91–227, 56 FR 65652, Dec. NO. 62—SUSPENSION OF CERTAIN AIR- 17, 1991] CRAFT OPERATIONS FROM THE TRANS- PONDER WITH AUTOMATIC PRESSURE SPECIAL FEDERAL AVIATION REGULATION ALTITUDE REPORTING CAPABILITY RE- NO. 61–2—PROHIBITION AGAINST CER- QUIREMENT TAIN FLIGHTS BETWEEN THE UNITED STATES AND IRAQ Section 1. For purposes of this SFAR: (a) The airspace within 30 nautical miles of 1. Applicability. This Special Federal Avia- a Class B airspace area primary airport, from tion Regulation (SFAR) No. 61–2 applies to the surface upward to 10,000 feet MSL, ex- all aircraft operations originating from, cluding the airspace designated as a Class B landing in, or overflying the territory of the airspace area is referred to as the Mode C United States. veil. 2. Special flight restrictions. Except as (b) Effective until December 30, 1993, the provided in paragraphs 3 and 4 of this SFAR transponder with automatic altitude report- No. 61–2— ing capability requirements of FAR (a) No person shall operate an aircraft on a § 91.215(b)(2) do not apply to the operation of flight to any point in Iraq, or to any inter- an aircraft: mediate point on a flight where the ultimate (1) In the airspace at or below the specified destination is any point in Iraq or that in- altitude and within a 2-nautical-mile radius, cludes a landing at any point in Iraq in its or, if directed by ATC, within a 5-nautical intended itinerary, from any point in the mile radius, of an airport listed in section 2 United States; of this SFAR; and (b) No person shall operate an aircraft on a (2) In the airspace at or below the specified flight to any point in the United States from altitude along the most direct and expedi- any point in Iraq, or from any intermediate tious routing, or on a routing directed by point on a flight where the origin is in Iraq, ATC, between an airport listed in section 2 of or from any point on a flight which includes this SFAR and the outer boundary of the
174
VerDate 27
Mode C veil airspace overlying that airport, Alt. consistent with established traffic patterns, Airport name Arpt ID (AGL) noise abatement procedures, and safety. Section 2. Effective until December 30, Chester Municipal Airport, Chester, 9A6 2,500 SC. 1993. Airports at which the provisions of China Grove Airport, China Grove, 76A 2,500 § 91.215(b)(2) do not apply. NC. (1) Airports within a 30-nautical-mile ra- Goodnight's Airport, Kannapolis, NC 2NC8 2,500 dius of The William B. Hartsfield Atlanta Knapp Airport, Marshville, NC ...... 3NC4 2,500 International Airport. Lake Norman Airport, Mooresville, 14A 2,500 NC. Lancaster County Airport, Lancaster, LKR 2,500 Airport name Arpt ID Alt. (AGL) SC. Little Mountain Airport, Denver, NC ... 66A 2,500 Air Acres Airport, Woodstock, GA ..... 5GA4 1,500 Long Island Airport, Long Island, NC NC26 2,500 B & L Strip Airport, Hollonville, GA .... GA29 1,500 Miller Airport, Mooresville, NC ...... 8A2 2,500 Camfield Airport, McDonough, GA .... GA36 1,500 U S Heliport, Wingate, NC ...... NC56 2,500 Cobb County-McCollum Field Airport, RYY 1,500 Unity Aerodrome Airport, Lancaster, SC76 2,500 Marietta, GA. SC. Covington Municipal Airport, Coving- 9A1 1,500 Wilhelm Airport, Kannapolis, NC ...... 6NC2 2,500 ton, GA. Diamond R Ranch Airport, Villa Rica, 3GA5 1,500 GA. (4) Airports within a 30-nautical-mile ra- Dresden Airport, Newnan, GA ...... GA79 1,500 dius of the Chicago-O’Hara International Eagles Landing Airport, Williamson, 5GA3 1,500 Airport. GA. Fagundes Field Airport, Haralson, GA 6GA1 1,500 Airport name Arpt ID Alt. Gable Branch Airport, Haralson, GA 5GA0 1,500 (AGL) Georgia Lite Flite Ultralight Airport, 31GA 1,500 Acworth, GA. Aurora Municipal Airport, Chicago/ ARR 1,200 Griffin-Spalding County Airport, Grif- 6A2 1,500 Aurora, IL. fin, GA. Donald Alfred Gade Airport, Antioch, IL11 1,200 Howard Private Airport, Jackson, GA GA02 1,500 IL. Newnan Coweta County Airport, CCO 1,500 Dr. Joseph W. Esser Airport, Hamp- 7IL6 1,200 Newnan, GA. shire, IL. Peach State Airport, Williamson, GA 3GA7 1,500 Flying M. Farm Airport, Aurora, IL ..... IL20 1,200 Poole Farm Airport, Oxford, GA ...... 2GA1 1,500 Fox Lake SPB, Fox Lake, IL ...... IS03 1,200 Powers Airport, Hollonville, GA ...... GA31 1,500 Graham SPB, Crystal Lake, IL ...... IS79 1,200 S & S Landing Strip Airport, Griffin, 8GA6 1,500 Herbert C. Mass Airport, Zion, IL ...... IL02 1,200 GA. Landings Condominium Airport, C49 1,200 Shade Tree Airport, Hollonville, GA .. GA73 1,500 Romeoville, IL. Lewis University Airport, Romeoville, LOT 1,200 (2) Airports within a 30-nautical-mile ra- IL. McHenry Farms Airport, McHenry, IL 44IL 1,200 dius of the General Edward Lawrence Logan Olson Airport, Plato Center, IL ...... LL53 1,200 International Airport. Redeker Airport, Milford, IL ...... IL85 1,200 Reid RLA Airport, Gilberts, IL ...... 6IL6 1,200 Airport name Arpt ID Alt. Shamrock Beef Cattle Farm Airport, 49LL 1,200 (AGL) McHenry, IL. Sky Soaring Airport, Union, IL ...... 55LL 1,200 Berlin Landing Area Airport, Berlin, MA19 2,500 Waukegan Regional Airport, Wau- UGN 1,200 MA. kegan, IL. Hopedale Industrial Park Airport, 1B6 2,500 Wormley Airport, Oswego, IL ...... 85LL 1,200 Hopedale, MA. Larson's SPB, Tyngsboro, MA ...... MA74 2,500 Moore AAF, Ayer/Fort Devens, MA ... AYE 2,500 (5) Airports within a 30-nautical-mile ra- New England Gliderport, Salem, NH NH29 2,500 dius of the Cleveland-Hopkins International Plum Island Airport, Newburyport, 2B2 2,500 Airport. MA. Plymouth Municipal Airport, Plym- PYM 2,500 Airport name Arpt ID Alt. outh, MA. (AGL) Taunton Municipal Airport, Taunton, TAN 2,500 MA. Akron Fulton, International Airport, AKR 1,300 Unknown Field Airport, 1MA5 2,500 Akron, OH. Southborough, MA. Bucks Airport, Newbury, OH ...... 40OH 1,300 Derecsky Airport, Auburn Center, OH 6OI0 1,300 (3) Airports within a 30-nautical-mile ra- Hannum Airport, Streetsboro, OH ..... 69OH 1,300 Kent State University Airport, Kent, 1G3 1,300 dius of the Charlotte/Douglas International OH. Airport. Lost Nation Airport, Willoughby, OH .. LNN 1,300 Mills Airport, Mantua, OH ...... OH06 1,300 Airport name Arpt ID Alt. Portage County Airport, Ravenna, 29G 1,300 (AGL) OH. Stoney's Airport, Ravenna, OH ...... OI32 1,300 Arant Airport, Wingate, NC ...... 1NC6 2,500 Wasdworth Municipal, Airport, Wads- 3G3 1,300 Bradley Outernational Airport, China NC29 2,500 worth, OH. Grove, NC.
175
VerDate 27
(6) Airports within a 30-nautical-mile ra- Alt. dius of the Dallas/Fort Worth International Airport name Arpt ID (AGL) Airport. Horseshoe Landings Airport, CO60 1,200 Alt. Keenesburg, CO. Airport name Arpt ID (AGL) Hoy Airstrip Airport, Bennett, CO ...... 76CO 1,200 J & S Airport, Bennett, CO ...... CD14 1,200 Beggs Ranch/Aledo Airport, Aledo, TX15 1,800 Kostroski Airport, Franktown, CO ...... 43CO 1,200 TX. Kugel-Strong Airport, Platteville, CO ... 27V 1,200 Belcher Airport, Sanger, TX ...... TA25 1,800 Land Airport, Keenesburg, CO ...... CO82 1,200 Bird Dog Field Airport, Krum, TX ...... TA48 1,800 Lemons Private Strip Airport, Boulder, CO10 1,200 Boe-Wrinkle Airport, Azle, TX ...... 28TS 1,800 CO. Flying V Airport, Sanger, TX ...... 71XS 1,800 Lindys Airpark Airport, Hudson, CO .... 7CO3 1,200 Graham Ranch Airport, Celina, TX .... TX44 1,800 Parkland Airport, Erie, CO ...... 7CO0 1,200 Haire Airport, Bolivar, TX ...... TX33 1,800 Pine View Airport, Elizabeth, CO ...... 02V 1,200 Hartlee Field Airport, Denton, TX ...... 1F3 1,800 Platte Valley Airport, Hudson, CO ...... 18V 1,200 Hawkin's Ranch Strip Airport, TA02 1,800 Rancho De Aereo Airport, Mead, CO .. 05CO 1,200 Rhome, TX. Reid Ranches Airport, Roggen, CO .... 7CO6 1,200 Horseshoe Lake Airport, Sanger, TX TE24 1,800 Singleton Ranch Airport, Byers, CO .... 68CO 1,200 Ironhead Airport, Sanger, TX ...... T58 1,800 Sky Haven Airport, Byers, CO ...... CO17 1,200 Kezer Air Ranch Airport, Springtown, 61F 1,800 Spickard Farm Airport, Byers, CO ...... 5CO4 1,200 TX. Tri-County Airport, Erie, CO ...... 48V 1,200 Lane Field Airport, Sanger, TX ...... 58F 1,800 Westberg-Rosling Farms Airport, 74CO 1,200 Log Cabin Airport, Aledo, TX ...... TX16 1,800 Roggen, CO. Lone Star Airpark Airport, Denton, TX T32 1,800 Yoder Airstrip Airport, Bennett, CO ..... CD09 1,200 Rhome Meadows Airport, Rhome, TX TS72 1,800 Richards Airport, Krum, TX ...... TA47 1,800 (8) Airports within a 30-nautical-mile ra- Tallows Field Airport, Celina, TX ...... 79TS 1,800 dius of the Detroit Metropolitan Wayne Triple S Airport, Aledo, TX ...... 42XS 1,800 County Airport. Warshun Ranch Airport, Denton, TX 4TA1 1,800 Windy Hill Airport, Denton, TX ...... 46XS 1,800 Alt. Aero Country Airport, McKinney, TX TX05 1,400 Airport name Arpt ID (AGL) Bailey Airport, Midlothian, TX ...... 7TX8 1,400 Bransom Farm Airport, Burleson, TX TX42 1,400 Al Meyers Airport, Tecumseh, MI ...... 3TE 1,400 Carroll Air Park Airport, De Soto, TX F66 1,400 Brighton Airport, Brighton, MI ...... 45G 1,400 Carroll Lake-View Airport, Venus, TX 70TS 1,400 Cackleberry Airport, Dexter, MI ...... 2MI9 1,400 Eagle's Nest Estates Airport, Ovilla, 2T36 1,400 Erie Aerodome Airport, Erie, MI ...... 05MI 1,400 TX. Ham-A-Lot Field Airport, Petersburg, MI48 1,400 Flying B Ranch Airport, Ovilla, TX ..... TS71 1,400 MI. Lancaster Airport, Lancaster, TX ...... LNC 1,400 Merillat Airport, Tecumseh, MI ...... 34G 1,400 Lewis Farm Airport, Lucas, TX ...... 6TX1 1,400 Rossettie Airport, Manchester, MI ..... 75G 1,400 Markum Ranch Airport, Fort Worth, TX79 1,400 Tecumseh Products Airport, Tecum- 0D2 1,400 TX. seh, MI. McKinney Municipal Airport, McKin- TKI 1,400 ney, TX. O'Brien Airpark Airport, Waxahachie, F25 1,400 (9) Airport within a 30-nautical-mile radius TX. of the Honolulu International Airport. Phil L. Hudson Municipal Airport, HQZ 1,400 Mesquite, TX. Aiport name Arpt ID Alt. Plover Heliport, Crowley, TX ...... 82Q 1,400 (AGL) Venus Airport, Venus, TX ...... 75TS 1,400 Dillingham Airfield Airport, Mokuleia, HDH 2,500 HI. (7) Airports within a 30-nautical-mile ra- dius of the Denver International Airport. (10) Airports within a 30-nautical-mile ra- Alt. dius of the Houston Intercontinental Airport Airport name Arpt ID (AGL) and the William P. Hobby Airport.
Air Dusters Inc., Airport, Roggen, CO 49CO 1,200 Airport name Arpt. ID Alt. Bijou Basin Airport, Byers, CO ...... CD17 1,200 (AGL) Boulder Municipal Airport, Boulder, CO 1V5 1,200 Bowen Farms No. 1 Airport, Littleton, CO98 1,200 Ainsworth Airport, Cleveland, TX ...... OT6 1,200 CO. Ausinia Ranch Airport, Texas City, TX ... TS50 1,200 Bowen Farms No. 2 Airport, Stras- 3CO5 1,200 Bailes Airport, Angleton, TX ...... 7R9 1,200 burg, CO. Biggin Hill Airport, Hockley, TX ...... TX49 1,200 Carrera Airpark Airport, Mead, CO ...... 93CO 1,200 Cleveland Municipal Airport, Cleveland, 6R3 1,200 Cartwheel Airport, Mead, CO ...... 0CO8 1,200 TX. Chaparral Airport, Byers, CO ...... CO18 1,200 Covey Trails Airport, Fulshear, TX ...... 80XS 1,200 Colorado Antique Field Airport, Niwot, 8CO7 1,200 Creasy Airport, Santa Fe, TX ...... 5TA5 1,200 CO. Custom Aire Service Airport, Angleton, 81D 1,200 Comanche Livestock Airport, Stras- 59CO 1,200 TX. burg, CO. Fay Ranch Airport, Cedar Lane, TX ...... OT2 1,200 Dead Stick Ranch Airport, Kiowa, CO 18CO 1,200 Flying C Ranch Airport, Needville, TX .... XS25 1,200 Frederick-Firestone Air Strip Airport, CO58 1,200 Freeman Property Airport, Katy, TX ...... 61T 1,200 Frederick, CO. Garrett Ranch Airport, Danbury, TX ...... 77XS 1,200 Frontier Airstrip Airport, Mead, CO ...... 84CO 1,200 Gum Island Airport, Dayton, TX ...... 3T6 1,200
176
VerDate 27
Alt. Alt. Airport name Arpt. ID (AGL) Airport name Arpt ID (AGL)
H & S Airfield Airport, Damon, TX ...... XS21 1,200 Sky Ranch Estates Airport, Sandy 3L2 2,500 Harbican Airpark Airport, Katy, TX ...... 9XS9 1,200 Valley, NV. Harold Freeman Farm Airport, Katy, TX 8XS1 1,200 HHI Hitchcock Heliport, Hitchcock, TX .... 6TA5 1,200 (13) Airports within a 30-nautical-mile ra- Hoffpauir Airport, Katy, TX ...... 59T 1,200 dius of the Memphis International Airport. Horn-Katy Hawk International Airport, 57T 1,200 Katy, TX. Airport name Arpt ID Alt. Johnnie Volk Field Airport, Hitchcock, TX 37R 1,200 (AGL) King Air Airport, Katy, TX ...... 55T 1,200 Bernard Manor Airport, Earle, AR ..... M65 2,500 Lake Bay Gall Airport, Cleveland, TX ..... OT5 1,200 Holly Springs-Marshall County Air- M41 2,500 Lake Bonanza Airport, Montgomery, TX 33TA 1,200 port, Holly Springs, MS. Lane Airpark Airport, Rosenberg, TX ...... T54 1,200 McNeely Airport, Earle, AR ...... M63 2,500 Meyer Field Airport, Rosharon, TX ...... TA33 1,200 Price Field Airport, Joiner, AR ...... 80M 2,500 Prairie Aire Field Airport, Damon, TX ..... 4TA0 1,200 Tucker Field Airport, Hughes, AR ...... 78M 2,500 R W J Airpark Airport, Baytown, TX ...... 54TX 1,200 Tunica Airport, Tunica, MS ...... 30M 2,500 Westheimer Air Park Airport, Houston, 5TA4 1,200 Tunica Municipal Airport, Tunica, MS M97 2,500 TX. (14) Airports within a 30-nautical-mile ra- (11) Airports within a 30-nautical-mile ra- dius of the Minneapolis-St. Paul Inter- dius of the Kansas City International Air- national Wold-Chamberlain Airport. port. Alt. Airport name Arpt ID (AGL) Airport name Arpt ID Alt. (AGL) Belle Plaine Airport, Belle Plaine, MN 7Y7 1,200 Carleton Airport, Stanton, MN ...... SYN 1,200 Amelia Earhart Airport, Atchison, KS K59 1,000 Empire Farm Strip Airport, Bongards, MN15 1,200 Booze Island Airport, St. Joseph, MO 64MO 1,000 MN. Cedar Air Park Airport, Olathe, KS .... 51K 1,000 Flying M Ranch Airport, Roberts, WI 78WI 1,200 D'Field Airport, McLouth, KS ...... KS90 1,000 Johnson Airport, Rockford, MN ...... MY86 1,200 Dorei Airport, McLouth, KS ...... K69 1,000 River Falls Airport, River Falls, WI .... Y53 1,200 East Kansas City Airport, Grain Val- 3GV 1,000 Rusmar Farms Airport, Roberts, WI .. WS41 1,200 ley, MO. Waldref SPB, Forest Lake, MN ...... 9Y6 1,200 Excelsior Springs Memorial Airport, 3EX 1,000 Ziermann Airport, Mayer, MN ...... MN71 1,200 Excelsior Springs, MO. Flying T Airport Oskaloosa, KS ...... 7KS0 1,000 (15) Airports within a 30-nautical-mile ra- Hermon Farm Airport, Gardner, KS ... KS59 1,000 dius of the New Orleans International/ Hillside Airport, Stilwell, KS ...... 63K 1,000 Moisant Field Airport. Independence Memorial Airport, 3IP 1,000 Independence, MO. Airport name Arpt ID Alt. Johnson County Executive Airport, OJC 1,000 (AGL) Olathe, KS. Bollinger SPB, Larose, LA ...... L38 1,500 Johnson County Industrial Airport, IXD 1,000 Clovelly Airport, Cut Off, LA ...... LA09 1,500 Olathe, KS. Kimray Airport, Plattsburg, MO ...... 7MO7 1,000 (16) Airports within a 30-nautical-mile ra- Lawrence Municipal Airport, Law- LWC 1,000 rence, KS. dius of the John F. Kennedy International Martins Airport, Lawson, MO ...... 21MO 1,000 Airport, the La Guardia Airport, and the Mayes Homestead Airport, Polo, MO 37MO 1,000 Newark International Airport. McComas-Lee's Summit Municipal K84 1,000 Airport, Lee's Summit, MO. Alt. Airport name Arpt ID (AGL) Mission Road Airport, Stilwell, KS ..... 64K 1,000 Northwood Airport, Holt, MO ...... 2MO2 1,000 Allaire Airport, Belmar/Farmingdale, BLM 2,000 Plattsburg Airpark, Airport, MO28 1,000 NJ. Plattsburg, MO. Cuddihy Landing Strip Airport, Free- NJ60 2,000 Richards-Gebaur Airport, Kansas GVW 1,000 hold, NJ. City, MO. Ekdahl Airport, Freehold, NJ ...... NJ59 2,000 Rosecrans Memorial Airport, St. STJ 1,000 Fla-Net Airport, Netcong, NJ ...... ONJ5 2,000 Jospeh, MO. Forrestal Airport, Princeton, NJ ...... N21 2,000 Runway Ranch Airport, Kansas City, 2MO9 1,000 Greenwood Lake Airport, West Mil- 4N1 2,000 MO. ford, NJ. Sheller's Airport, Tonganoxide, KS .... 11KS 1,000 Greenwood Lake SPB, West Milford, 6NJ7 2,000 Shomin Airport, Oskaloosa, KS ...... 0KS1 1,000 NJ. Stonehenge Airport, Williams-town, 71KS 1,000 Lance Airport, Whitehouse Station, 6NJ8 2,000 KS. NJ. Mar Bar L Farms, Englishtown, NJ ... NJ46 2,000 Threshing Bee Airport, McLouth, KS 41K 1,000 Peekskill SPB, Peekskill, NY ...... 7N2 2,000 Peters Airport, Somerville, NJ ...... 4NJ8 2,000 (12) Airport within a 30-nautical-mile ra- Princeton Airport, Princeton/Rocky 39N 2,000 dius of the McCarran International Airport. Hill, NJ.
177
VerDate 27
Alt. (21) Airports within a 30-nautical-mile ra- Airport name Arpt ID (AGL) dius of the Salt Lake City International Air- port. Solberg-Hunterdon Airport, N51 2,000 Readington, NJ. Alt. Airport name Arpt ID (AGL) (17) Airports within a 30-nautical-mile ra- dius of the Orlando International Airport. Bolinder Field-Tooele Valley Airport, TVY 2,500 Tooele, UT. Alt. Cedar Valley Airport, Cedar Fort, UT UT10 2,500 Airport name Arpt ID (AGL) Morgan County Airport, Morgan, UT 42U 2,500 Tooele Municipal Airport, Tooele, UT U26 2,500 Arthur Dunn Air Park Airport, X21 1,400 Titusville, FL. (22) Airports within a 30-nautical-mile ra- Space Center Executive Airport, TIX 1,400 dius of the Seattle-Tacoma International Titusville, FL. Airport.
(18) Airports within a 30-nautical-mile ra- Alt. dius of the Philadelphia International Air- Airport name Arpt ID (AGL) port. Firstair Field Airport, Monroe, WA ..... WA38 1,500 Alt. Gower Field Airport, Olympia, WA .... 6WAZ 1,500 Airport name Arpt ID (AGL) Harvey Field Airport, Snohomish, WA S43 1,500
Ginns Airport, West Grove, PA ...... 78N 1,000 (23) Airports within a 30-nautical-mile ra- Hammonton Municipal Airport, N81 1,000 dius of the Tampa International Airport. Hammonton, NJ. Li Calzi Airport, Bridgeton, NJ ...... N50 1,000 Alt. New London Airport, New London, N01 1,000 Airport name Arpt ID (AGL) PA. Wide Sky Airpark Airport, Bridgeton, N39 1,000 Hernando County Airport, Brooksville, BKV 1,500 NJ. FL. Lakeland Municipal Airport, Lakeland, LAL 1,500 (19) Airports within a 30-nautical-mile ra- FL. dius of the Phoenix Sky Harbor Inter- Zephyrhills Municipal Airport, ZPH 1,500 Zephyrhills, FL. national Airport. (24) Effective until the establishment of Alt. Airport name Arpt ID (AGL) the Washington Tri-Area Class B airspace area or December 30, 1993, whichever occurs Ak Chin Community Airfield Airport, E31 2,500 first: Airports within a 30-nautical-mile ra- Maricopa, AZ. dius of the Washington National Airport and Boulais Ranch Airport, Maricopa, AZ 9E7 2,500 Andrews Air Force Base Airport. Estrella Sailport, Maricopa, AZ ...... E68 2,500 Hidden Valley Ranch Airport, Mari- AZ17 2,500 Alt. copa, AZ. Airport name Arpt ID (AGL) Millar Airport, Maricopa, AZ ...... 2AZ4 2,500 Pleasant Valley Airport, New River, AZ05 2,500 Barnes Airport, Lisbon, MD ...... MD47 2,000 AZ. Bay Bridge Airport, Stevensville, MD W29 2,000 Serene Field Airport, Maricopa, AZ ... AZ31 2,500b Castle Marina Airport, Chester, MD .. 0W6 2,000 Sky Ranch Carefree Airport, Care- E18 2,500 Davis Airport, Laytonsville, MD ...... W50 2,000 free, AZ. Fremont Airport, Kemptown, MD ...... MD41 2,000 Sycamore Creek Airport, Fountain 0AS0 2,500 Kentmorr Airpark Airport, Stevens- 3W3 2,000 Hills, AZ. ville, MD. University of Arizona, Maricopa Agri- 3AZ2 2,500 Montgomery County Airpark Airport, GAI 2,000 cultural Center Airport, Maricopa, Gaithersburg, MD. AZ. Waredaca Farm Airport, Brookeville, MD16 2,000 MD. (20) Airports within a 30-nautical-mile ra- Aqua-Land/Cliffton Skypark Airport, 2W8 1,000 dius of the Lambert/St. Louis International Newburg, MD. Airport. Buds Ferry Airport, Indian Head, MD MD39 1,000 Burgess Field Airport, Riverside, MD 3W1 1,000 Chimney View Airport, Fredericks- 5VA5 1,000 Alt. Airport name Arpt ID (AGL) burg, VA. Holly Springs Farm Airport, MD55 1,000 Blackhawk Airport, Old Monroe, MO 6MO0 1,000 Nanjemoy, MD. Lebert Flying L Airport, Lebanon, MO 3H5 1,000 Lanseair Farms Airport, La Plata, MD MD97 1,000 Shafer Metro East Airport, St. Jacob, 3K6 1,000 Nyce Airport, Mount Victoria, MD ...... MD84 1,000 IL. Parks Airpark Airport, Nanjemoy, MD MD54 1,000 Sloan's Airport, Elsberry, MO ...... 0MO8 1,000 Pilots Cove Airport, Tompkinsville, MD06 1,000 Wentzville Airport, Wentzville, MO .... MO50 1,000 MD. Woodliff Airpark Airport, Foristell, MO 98MO 1,000 Quantico MCAF, Quantico, VA ...... NYG 1,000 Stewart Airport, St. Michaels, MD ..... MD64 1,000
178
VerDate 27
Alt. Alt. Airport name Arpt ID (AGL) Airport name Arpt ID (AGL)
U.S. Naval Weapons Center, Dahl- NDY 1,000 The Grass Patch Airport, Lovettsville, VA62 1,500 gren Lab Airport, Dahlgren, VA. VA. Walnut Hill Airport, Calverton, VA ..... 58VA 1,500 (25) Effective upon the establishment of Warrenton Air Park Airport, 9W0 1,500 the Washington Tri-Area Class B airspace Warrenton, VA. Warrenton-Fauquier Airport, W66 1,500 area: Airports within a 30-nautical-mile ra- Warrenton, VA. dius of the Washington National Airport, An- Whitman Strip Airport, Manassas, VA OV5 1,500 drews Air Force Base Airport, Baltimore- Aqua-Land/Cliffton Skypark Airport, 2W8 1,000 Washington International Airport, and Dul Newburg, MD. les International Airport. Buds Ferry Airport, Indian Head, MD MD39 1,000 Burgess Field Airport, Riverside, MD 3WI 1,000 Alt. Chimney View Airport, Fredericks- 5VA5 1,000 Airport name Arpt ID (AGL) burg, VA. Holly Springs Farm Airport, MD55 1,000 Albrecht Airstrip Airport, Long Green, MD48 2,000 Nanjemoy, MD. MD. Lanseair Farms Airport, La Plata, MD MD97 1,000 Armacost Farms Airport, Hampstead, MD38 2,000 Nyce Airport, Mount Victoria, MD ...... MD84 1,000 MD. Parks Airpark Airport, Nanjemoy, MD MD54 1,000 Barnes Airport, Lisbon, MD ...... MD47 2,000 Pilots Cove Airport, Tompkinsville, MD06 1,000 Bay Bridge Airport, Stevensville, MD W29 2,000 MD. Carroll County Airport, Westminster, W54 2,000 Quantico MCAF, Quantico, VA ...... NYG 1,000 MD. Stewart Airport, St. Michaels, MD ..... MD64 1,000 Castle Marina Airport, Chester, MD .. OW6 2,000 U.S. Naval Weapons Center, Dahl- NDY 1,000 Clearview Airpark Airport, West- 2W2 2,000 gren Lab Airport, Dahlgren, VA. minster, MD. Davis Airport, Laytonsville, MD ...... W50 2,000 AUTHORITY: 49 U.S.C. app. 1301(7), 1303, Fallston Airport, Fallston, MD ...... W42 2,000 Faux-Burhans Airport, Frederick, MD 3MD0 2,000 1344, 1348, 1352 through 1355, 1401, 1421 Forest Hill Airport, Forest Hill, MD ..... MD31 2,000 through 1431, 1471, 1472, 1502, 1510, 1522, and Fort Detrick Helipad Heliport, Fort MD32 2,000 2121 through 2125; articles 12, 29, 31, and 32(a) Detrick (Frederick), MD. of the Convention on International Civil Frederick Municipal Airport, Fred- FDK 2,000 Aviation (61 stat. 1180); 42 U.S.C. 4321 et seq.; erick, MD. E.O. 11514, 35 FR 4247, 3 CFR, 1966–1970 Comp., Fremont Airport, Kemptown, MD ...... MD41 2,000 p. 902; 49 U.S.C. 106(g). Good Neighbor Farm Airport, MD74 2,000 Unionville, MD. [Doc. No. 26242, 55 FR 50307, Dec. 5, 1990, as Happy Landings Farm Airport, MD73 2,000 amended by Amdt. 91–227, 56 FR 65652, Dec. Unionville, MD. 17, 1991; 57 FR 30822, July 10, 1992; Amdt. 91– Harris Airport, Still Pond, MD ...... MD69 2,000 227, 56 FR 65652, Dec. 17, 1991; 58 FR 48728, Hybarc Farm Airport, Chestertown, MD19 2,000 MD. Sept. 17, 1993; 58 FR 60552, Nov. 17, 1993] Kennersley Airport, Church Hill, MD .. MD23 2,000 Kentmorr Airpark Airport, Stevens- 3W3 2,000 SFAR NO. 64—SPECIAL FLIGHT AUTHOR- ville, MD. IZATIONS FOR NOISE RESTRICTED AIR- Montgomery County Airpark Airport, GAI 2,000 CRAFT Gaithersburg, MD. Phillips AAF, Aberdeen, MD ...... APG 2,000 1. Contrary provisions of part 91, subpart I Pond View Private Airport, Chester- OMD4 2,000 notwithstanding, an operator of a civil sub- town, MD. Reservoir Airport, Finksburg, MD ...... 1W8 2,000 sonic turbojet airplane with maximum Scheeler Field Airport, Chestertown, OW7 2,000 weight of more than 75,000 pounds may con- MD. duct an approved limited nonrevenue oper- Stolcrest STOL, Urbana, MD ...... MD75 2,000 ation of that airplane to or from a U.S. air- Tinsely Airstrip Airport, Butler, MD .... MD17 2,000 port when such operation has been author- Walters Airport, Mount Airy, MD ...... OMD6 2,000 ized by the FAA under paragraph 2 of this Waredaca Farm Airport, Brookeville, MD16 2,000 SFAR; and MD. Weide AAF, Edgewood Arsenal, MD EDG 2,000 (a) The operator complies with all condi- Woodbine Gliderport, Woodbine, MD MD78 2,000 tions and limitations established by this Wright Field Airport, Chestertown, MD11 2,000 SFAR and the authorization; MD. (b) A copy of the authorization is carried Aviacres Airport, Warrenton, VA ...... 3VA2 1,500 aboard the airplane during all operations to Birch Hollow Airport, Hillsboro, VA .... W60 1,500 or from a U.S. airport; Flying Circus Aerodrome Airport, 3VA3 1,500 (c) The airplane carries an appropriate air- Warrenton, VA. worthiness certificate issued by the country Fox Acres Airport, Warrenton, VA ..... 15VA 1,500 Hartwood Airport, Somerville, VA ...... 8W8 1,500 of registration and meets the registration Horse Feathers Airport, Midland, VA 53VA 1,500 and identification requirements of that Krens Farm Airport, Hillsboro, VA ..... 14VA 1,500 country; and Scott Airpark Airport, Lovettsville, VA VA61 1,500 (d) Whenever the application is for oper- ation to a location at which FAA-approved
179
VerDate 27
noise abatement retrofit equipment is to be (ii) Prior to January 1, 2000, exporting an installed to make the aircraft comply with airplane, including flying the airplane to or Stage 2 or Stage 3 noise levels as defined in from any airport in the contiguous United part 36 of this chapter, the applicant must States necessary for the exportation of that have a valid contract for such equipment. airplane; or 2. Authorization for the operation of a (iii) Prior to January 1, 2000, operating the Stage 1 or Stage 2 civil turbojet airplane to airplane as deemed necessary by the FAA for or from a U.S. airport may be issued by the the sale, lease, storage, or scrapping of the FAA for the following purposes: airplane. 3. An application for a special flight au- Stage 1 Airplanes thorization under this Special Federal Avia- (a) For a Stage 1 airplane owned by a U.S. tion Regulation shall be submitted to the owner/applicant on and since November 4, FAA, Director of the Office of Environment 1990: and Energy, received no less than five days (i) Obtaining modifications necessary to prior to the requested flight, and include the meet Stage 2 noise levels as defined in part following: 36 of this chapter; (a) The applicant’s name and telephone (ii) Obtaining modifications necessary to number; meet Stage 3 noise levels as defined in part (b) The name of the airplane operator; 36 of this chapter; or (c) The make, model, registration number, (iii) Scrapping the airplane, as deemed nec- and serial number of the airplane; essary by the FAA, to obtain spare parts to (d) The reason why such authorization is support U.S. programs for the national de- necessary; fense or safety. (e) The purpose of the flight; (b) For a Stage 1 airplane owned by a non- (f) Each U.S. airport at which the flight U.S. owner/applicant: will be operated and the number of takeoffs (i) Obtaining modifications necessary to and landings at each; meet Stage 2 noise levels as defined in part (g) The approximate dates of the flights; 36 of this chapter; (h) The number of people on board the air- (ii) Obtaining modifications necessary to plane and the function of each person; meet Stage 3 noise levels as defined in part (i) Whether a special flight permit under 36 of this chapter; or FAR part 21.199 or a special flight authoriza- (iii) Scrapping the airplane, as deemed nec- tion under FAR part 91.715 is required for the essary by the FAA, to obtain spare parts to flight; support U.S. programs for the national de- (j) A copy of the contract for noise abate- fense or safety. ment retrofit equipment, if appropriate; and (c) For a Stage 1 airplane purchased by a (k) Any other information or documenta- U.S. owner/applicant on or after November 5, tion requested by the Director, Office of En- 1990: vironment and Energy, as necessary to de- (i) Obtaining modifications necessary to termine whether the application should be meet Stage 2 noise levels as defined in part approved. 36 of this chapter, provided that the airplane 4. The Special Federal Aviation Regulation does not subsequently operate in the contig- terminates on December 31, 1999, unless uous United States; sooner rescinded or superseded. (ii) Obtaining modifications necessary to meet Stage 3 noise levels as defined in part [58 FR 31641, June 3, 1993; Amdt. 91–232, 58 FR 36 of this chapter; or 62035, Nov. 24, 1993] (iii) Scrapping the airplane, as deemed nec- essary by the FAA, to obtain spare parts to SPECIAL FEDERAL AVIATION REGULATION support U.S. programs for the national de- NO. 65–1—PROHIBITION AGAINST CER- fense or safety. TAIN FLIGHTS BETWEEN THE UNITED Stage 2 Airplanes STATES AND LIBYA (d) For a Stage 2 airplane purchased by a 1. Applicability. This Special Federal Avia- U.S. owner/applicant on or after November 5, tion Regulation (SFAR) No. 65–1 applies to 1990, obtaining modification to meet Stage 3 all aircraft operations originating from, noise levels as defined in part 36 of this chap- landing in, or overflying the territory of the ter. United States. (e) For Stage 2 airplanes that were U.S.- 2. Special flight restrictions. Except as owned on and since November 4, 1990, and provided in paragraphs 3 and 4 of this SFAR that have been removed from service to No. 65–1— achieve compliance with § 91.865 or § 91.867 of (a) No person shall operate an aircraft on a this part: flight to any point in Libya, or to any inter- (i) Obtaining modifications to meet Stage 3 mediate point on a flight where the ultimate noise levels as defined in part 36 of this chap- destination is any point in Libya or that in- ter; cludes a landing at any point in Libya in its
180
VerDate 27
intended itinerary, from any point in the a landing at any point in Serbia and Mon- United States; tenegro in its intended itinerary; (b) No person shall operate an aircraft on a (b) No person shall operate an aircraft to flight to any point in the United States from any point in the United States from any any point in Libya, or from any intermediate point in Serbia and Montenegro, or a flight point on a flight where the origin is in from any intermediate point of departure Libya, or from any point on a flight which where the origin of the flight is in Serbia and includes a departure from any point in Libya Montenegro, or a flight that includes a de- in its intended itinerary; or parture from any point in Serbia and Mon- (c) No person shall operate an aircraft over tenegro in its intended itinerary; or the territory of the United States if that air- (c) No person shall operate an aircraft over craft’s flight itinerary includes any landing the territory of the United States if that air- at or departure from any point in Libya. craft’s flight itinerary includes any landing 3. Permitted operations. This SFAR shall at or departure from any point in Serbia and not prohibit the flight operations between Montenegro. the United States and Libya described in sec- 3. Permitted operations. This SFAR shall not tion 2 of this SFAR by an aircraft authorized prohibit the flight operations between the to conduct such operations by the United United States, Serbia and Montenegro de- States Government in consultation with the scribed in section 2 of this SFAR by an air- committee established by UN Security Coun- craft authorized to conduct such operations cil Resolution 748 (1992), as affirmed by UN by the United States Government. Security Council Resolution 883 (1993). 4. Emergency situations. In an emergency 4. Emergency situations. In an emergency that requires immediate decision and action that requires immediate decision and action for the safety of the flight, the pilot in com- for the safety of the flight, the pilot in com- mand of an aircraft may deviate from this mand of an aircraft may deviate from this SFAR to the extent required by that emer- SFAR to the extent required by that emer- gency. Any deviation required by an emer- gency. Except for U.S. air carriers and com- gency shall be reported as soon as possible to mercial operators that are subject to the re- the air traffic control facility having juris- quirements of 14 CFR 121.557, 121.559, or diction. 135.19, each person who deviates from this 5. Expiration. This Special Federal Aviation rule shall, within ten (10) days of the devi- Regulation expires June 2, 1997. ation, excluding Saturdays, Sundays, and [SFAR 66–2, 60 FR 28477, May 31, 1995] Federal holidays, submit to the nearest FAA Flight Standards District Office a complete EFFECTIVE DATE NOTE: By Doc. No. 26903, report of the operations or the aircraft in- 61 FR 631, Jan. 9, 1996, Special Federal Avia- volved in the deviation, including a descrip- tion Regulation 66–2 was suspended indefi- tion of the deviation and the reasons there- nitely. for. 5. Duration. This SFAR No. 65–1 shall re- SPECIAL FEDERAL AVIATION REGULATION main in effect until further notice. NO. 67—PROHIBITION AGAINST CETRAIN FLIGHTS WITHIN THE TERRITORY AND [SFAR 65–1, 60 FR 48644, Sept. 20, 1995] AIRSPACE OF AFGHANISTAN SPECIAL FEDERAL AVIATION REGULATION 1. Applicability. This rule applies to all U.S. NO. 66–2—PROHIBITION AGAINST CER- air carriers and commercial operators, all TAIN FLIGHTS BETWEEN THE UNITED persons exercising the privileges of an air- STATES AND THE FEDERAL REPUBLIC man certificate issued by the FAA, and all OF YUGOSLAVIA (SERBIA AND MON- operators using aircraft registered in the TENEGRO) United States except where the operator of such aircraft is a foreign air carrier. 1. Applicability. This Special Federal Avia- 2. Flight prohibition. Except as provided in tion Regulation (SFAR) applies to all air- paragraph 3 and 4 of this SFAR, no person craft operations originating from, destined described in paragraph 1 may conduct flight to land in, or overflying the territory of the operations within the territory and airspace United States. of Afghanistan. 2. Special flight restrictions. Except as pro- 3. Permitted operations. This SFAR does not vided in paragraphs 3 and 4 of this SFAR No. prohibit persons described in paragraph 1 66–2— from conducting flight operations within the (a) No person shall operate an aircraft territory and airspace of Afghanistan: from any point in the United States to any a. Where such operations are authorized ei- point in the Federal Republic of Yugoslavia ther by the exemption issued by the Admin- (Serbia and Montenegro) (hereinafter ‘‘Ser- istrator or by another agency of the United bia and Montenegro’’), a flight having any States Government with the approval of the intermediate or ultimate destination in Ser- FAA; or bia and Montenegro, or a flight that includes b. East of 071°35′ east longitude.
181
VerDate 27
4. Emergency situations. in an emergency mation in the Rotorcraft Flight Manual that requires immedicate decision and ac- (RFM), considering the maximum density al- tion fo the safety of the flight, the pilot in titude for which the operation is planned for command of an aircraft may deviate the flight to determine the following: fromthis SFAR to the extent required by (a) Maximum gross weight and center of that emergency. Except for U.S. air carriers gravity (CG) limitations for hovering in and commercial operators that are subject to ground effect; the requirements of 14 CFR 121.557, 121.559, or (b) Maximum gross weight and CG limita- 135.19, each person who deviated from this tions for hovering out of ground effect; and, rule shall, within ten (10) days of the devi- (c) Maximum combination of weight, alti- ation , excluding Saturdays, Sundays, and tude, and temperature for which height-ve- Federal Holidays, submit to the nearest FAA locity information in the RFM. is valid. Flight Standards District Office a complete report of the operations of the aircraft in- The pilot in command (PIC) must comply volved in the deviation, including a descrip- with the performance plan. tion of the deviation and the reasons there- Section 5. Helicopter operating limitations. for. Except for approach to and transition from a 5. Expiration. This Special Federal Aviation hover, the PIC shall operate the helicopter Regulation expires May 10, 1998. at a combination of height and forward speed (including hover) that would permit a safe [SFAR 67, 59 FR 25283, May 13, 1994, as landing in event of engine power loss, in ac- amended by 60 FR 25981, May 15, 1995; 61 FR cordance with the height-speed envelope for 24431, May 14, 1996; 62 FR 26892, May 15, 1997] that helicopter under current weight and air- EFFECTIVE DATE NOTE: By Doc. No. 27744, 62 craft altitude. FR 26892, May 15, 1997, SFAR 67 is effective Section 6. Minimum flight altitudes. Except May 9, 1997 through May 10, 1998. when necessary for takeoff and landing, or operating in compliance with an air traffic SFAR NO. 71—SPECIAL OPERATING control clearance, or as otherwise authorized RULES FOR AIR TOUR OPERATORS IN by the Administrator, no person may con- THE STATE OF HAWAII duct an air tour in Hawaii: (a) Below an altitude of 1,500 feet above the Section 1. Applicability. This Special Federal surface over all areas of the State of Hawaii, Aviation Regulation prescribes operating and, rules for airplane and helicopter visual flight (b) Closer than 1,500 feet to any person or rules air tour flights conducted in the State property; or, of Hawaii under 14 CFR parts 91, 121, and 135. (c) Below any altitude prescribed by fed- This rule does not apply to: eral statute or regulation. (a) Operations conducted under 14 CFR Section 7. Passenger briefing. Before takeoff, part 121 in airplanes with a passenger seating each PIC of an air tour flight of Hawaii with configuration of more than 30 seats or a pay- a flight segment beyond the ocean shore of load capacity of more than 7,500 pounds. any island shall ensure that each passenger (b) Flights conducted in gliders or hot air has been briefed on the following, in addition balloons. to requirements set forth in 14 CFR 91.107, Section 2. Definitions. For the purposes of 121.571, or 135.117: this SFAR: ‘‘Air tour’’ means any sightseeing flight (a) Water ditching procedures; conducted under visual flight rules in an air- (b) Use of required flotation equipment; plane or helicopter for compensation or hire. and ‘‘Air tour operator’’ means any person who (c) Emergency egress from the aircraft in conducts an air tour. event of a water landing.′ Section 3. Helicopter flotation equipment. No Section 8. Termination date. This Special person may conduct an air tour in Hawaii in Federal Aviation Regulation expires on Oc- a single-engine helicopter beyond the shore tober 26, 2000. of any island, regardless of whether the heli- [SFAR 71, 59 FR 49145, Sept. 26, 1994, as copter is within gliding distance of the amended at 60 FR 65913, Dec. 20, 1995; 62 FR shore, unless: (a) The helicopter is amphibious or is 58859, Oct. 30, 1997] equipped with floats adequate to accomplish a safe emergency ditching and approved flo- SPECIAL FEDERAL AVIATION REGULATION tation gear is easily accessible for each occu- NO. 77—PROHIBITION AGAINST CERTAIN pant; or FLIGHTS WITHIN THE TERRITORY AND (b) Each person on board the helicopter is AIRSPACE OF IRAQ wearing approved flotation gear. Section 4. Helicopter performance plan. Each 1. Applicability. This rule applies to the fol- operator must complete a performance plan lowing persons: before each helicopter air tour flight. The (a) All U.S. air carriers or commercial op- performance plan must be based on the infor- erators;
182
VerDate 12
(b) All persons exercising the privileges of SFAR NO. 79—PROHIBITION AGAINST an airman certificate issued by the FAA ex- CERTAIN FLIGHTS WITHIN THE FLIGHT cept such persons operating U.S.-registered INFORMATION REGION (FIR) OF THE aircraft for a foreign air carrier; or DEMOCRATIC PEOPLE’S REPUBLIC OF (c) All operators of aircraft registered in KOREA (DPRK) the United States except where the operator of such aircraft is a foreign air carrier. 1. Applicability. This rule applies to the fol- 2. Flight prohibition. Except as provided in lowing persons: paragraphs 3 and 4 of this SFAR, no person (a) All U.S. air carriers or commercial op- described in paragraph 1 may conduct flight erators. operations over or within the territory and (b) All persons exercising the privileges of airspace of Iraq. an airman certificate issued by the FAA, ex- cept such persons operating U.S.-registered 3. This SFAR does not Permitted operations. aircraft for a foreign air carrier. prohibit persons described in paragraph 1 (c) All operators of aircraft registered in from conducting flight operations over or the United States except where the operator within the territory and airspace of Iraq of such aircraft is a foreign air carrier. where such operations are authorized either 2. Flight prohibition. (a) Except as provided by exemption issued by the Administrator or in paragraphs 2(b), 3, and 4 of this SFAR, no by another agency of the United States Gov- person described in paragraph 1 may conduct ernment. flight operations through the Pyongyang 4. Emergency situations. In an emergency FIR. that requires immediate decision and action (b) Flight operations within the for the safety of the flight, the pilot in com- Pyongyang FIR east of 132 degrees east lon- mand of an aircraft may deviate from this gitude are prohibited until the FAA deter- SFAR to the extent required by that emer- mines, based on information from the DPRK gency. Except for U.S. air carriers or com- civil aviation authority, that the proper level of operational overflight safety can be mercial operators that are subject to the re- assured. The FAA will amend this SFAR and quirements of 14 CFR parts 119, 121, or 135, publish a notice to airmen (NOTAM) to per- each person who deviates from this rule mit flights east of 132 degrees east longitude shall, within ten (10) days of the deviation, once this determination is made. excluding Saturdays, Sundays, and Federal 3. Permitted operations. This SFAR does not holidays, submit to the nearest FAA Flight prohibit persons described in paragraph 1 Standards District Office a complete report from conducting flight operations within the of the operations of the aircraft involved in Pyongyang FIR where such operations are the deviation including a description of the authorized either by exemption issued by the deviation and the reasons therefore. Administrator or by another agency of the 5. Expiration. This Special Federal Aviation United States Government with FAA ap- Regulation will remain in effect until fur- proval. ther notice. 4. Emergency situations. In an emergency that requires immediate decision and action [Doc. No. 28691, 61 FR 54021, Oct. 16, 1996] for the safety of the flight, the pilot in com- mand on an aircraft may deviate from this SFAR NO. 78—SPECIAL OPERATING SFAR to the extent required by that emer- RULES FOR COMMERCIAL AIR TOUR OP- gency. Except for U.S. air carriers and com- ERATORS IN THE VICINITY OF THE mercial operators that are subject to the re- ROCKY MOUNTAIN NATIONAL PARK quirements of 14 CFR parts 121, 125, or 135, each person who deviates from this rule Section 1. Applicability. This Special Fed- shall, within ten (10) days of the deviation, eral Aviation Regulation prescribes operat- excluding Saturdays, Sundays, and Federal ing rules for commercial air tour flight oper- holidays, submit to the nearest FAA Flight ations within the lateral boundaries of the Standards District Office a complete report Rocky Mountain National Park, CO. of the operations of the aircraft involved in Sec. 2. Definition. For the purpose of this the deviation, including a description of the SFAR: ‘‘commercial air tour’’ means: the op- deviation and the reasons therefore. eration of an aircraft carrying passengers for 5. Expiration. This Special Federal Aviation Regulation No. 79 will remain in effect until compensation or hire for aerial sightseeing. further notice. Sec. 3. Restriction. No person may conduct a commercial air tour operation in the air- [Doc. No. 28831, 62 FR 20078, Apr. 24, 1997] space over Rocky Mountain National Park, CO. Subpart A—General Expiration: This SFAR will expire on the adoption of a final rule in Docket No. 27643. SOURCE: Docket No. 18334, 54 FR 34292, Aug. [Doc. No. 28577, 62 FR 1205, Jan. 8, 1997] 18, 1989, unless otherwise noted.
183
VerDate 27
§ 91.1 Applicability. (b) The pilot in command of a civil aircraft is responsible for determining (a) Except as provided in paragraph (b) of this section and § 91.703, this part whether that aircraft is in condition prescribes rules governing the oper- for safe flight. The pilot in command ation of aircraft (other than moored shall discontinue the flight when un- balloons, kites, unmanned rockets, and airworthy mechanical, electrical, or unmanned free balloons, which are gov- structural conditions occur. erned by part 101 of this chapter, and ultralight vehicles operated in accord- § 91.9 Civil aircraft flight manual, ance with part 103 of this chapter) marking, and placard requirements. within the United States, including the (a) Except as provided in paragraph waters within 3 nautical miles of the (d) of this section, no person may oper- U.S. coast. ate a civil aircraft without complying (b) Each person operating an aircraft with the operating limitations speci- in the airspace overlying the waters be- fied in the approved Airplane or Rotor- tween 3 and 12 nautical miles from the craft Flight Manual, markings, and coast of the United States shall comply placards, or as otherwise prescribed by with §§ 91.1 through 91.21; §§ 91.101 the certificating authority of the coun- through 91.143; §§ 91.151 through 91.159; try of registry. §§ 91.167 through 91.193; § 91.203; § 91.205; (b) No person may operate a U.S.-reg- §§ 91.209 through 91.217; § 91.221; §§ 91.303 istered civil aircraft— through 91.319; § 91.323; § 91.605; § 91.609; (1) For which an Airplane or Rotor- §§ 91.703 through 91.715; and 91.903. craft Flight Manual is required by § 21.5 § 91.3 Responsibility and authority of of this chapter unless there is available the pilot in command. in the aircraft a current, approved Air- plane or Rotorcraft Flight Manual or (a) The pilot in command of an air- the manual provided for in § 121.141(b); craft is directly responsible for, and is the final authority as to, the operation and of that aircraft. (2) For which an Airplane or Rotor- (b) In an in-flight emergency requir- craft Flight Manual is not required by ing immediate action, the pilot in com- § 21.5 of this chapter, unless there is mand may deviate from any rule of available in the aircraft a current ap- this part to the extent required to proved Airplane or Rotorcraft Flight meet that emergency. Manual, approved manual material, (c) Each pilot in command who devi- markings, and placards, or any com- ates from a rule under paragraph (b) of bination thereof. this section shall, upon the request of (c) No person may operate a U.S.-reg- the Administrator, send a written re- istered civil aircraft unless that air- port of that deviation to the Adminis- craft is identified in accordance with trator. part 45 of this chapter. (Approved by the Office of Management and (d) Any person taking off or landing Budget under control number 2120–0005) a helicopter certificated under part 29 of this chapter at a heliport con- structed over water may make such § 91.5 Pilot in command of aircraft re- quiring more than one required momentary flight as is necessary for pilot. takeoff or landing through the prohib- ited range of the limiting height-speed No person may operate an aircraft that is type certificated for more than envelope established for the helicopter one required pilot flight crewmember if that flight through the prohibited unless the pilot in command meets the range takes place over water on which requirements of § 61.58 of this chapter. a safe ditching can be accomplished and if the helicopter is amphibious or § 91.7 Civil aircraft airworthiness. is equipped with floats or other emer- (a) No person may operate a civil air- gency flotation gear adequate to ac- craft unless it is in an airworthy condi- complish a safe emergency ditching on tion. open water.
184
VerDate 27
§ 91.11 Prohibition against inter- (c) A crewmember shall do the fol- ference with crewmembers. lowing: No person may assault, threaten, in- (1) On request of a law enforcement timidate, or interfere with a crew- officer, submit to a test to indicate the member in the performance of the percentage by weight of alcohol in the crewmember’s duties aboard an air- blood, when— craft being operated. (i) The law enforcement officer is au- thorized under State or local law to § 91.13 Careless or reckless operation. conduct the test or to have the test conducted; and (a) Aircraft operations for the purpose (ii) The law enforcement officer is re- of air navigation. No person may oper- questing submission to the test to in- ate an aircraft in a careless or reckless vestigate a suspected violation of State manner so as to endanger the life or or local law governing the same or sub- property of another. stantially similar conduct prohibited (b) Aircraft operations other than for by paragraph (a)(1), (a)(2), or (a)(4) of the purpose of air navigation. No person this section. may operate an aircraft, other than for (2) Whenever the Administrator has a the purpose of air navigation, on any reasonable basis to believe that a per- part of the surface of an airport used son may have violated paragraph (a)(1), by aircraft for air commerce (including (a)(2), or (a)(4) of this section, that per- areas used by those aircraft for receiv- son shall, upon request by the Adminis- ing or discharging persons or cargo), in trator, furnish the Administrator, or a careless or reckless manner so as to authorize any clinic, hospital, doctor, endanger the life or property of an- or other person to release to the Ad- other. ministrator, the results of each test § 91.15 Dropping objects. taken within 4 hours after acting or at- tempting to act as a crewmember that No pilot in command of a civil air- indicates percentage by weight of alco- craft may allow any object to be hol in the blood. dropped from that aircraft in flight (d) Whenever the Administrator has a that creates a hazard to persons or reasonable basis to believe that a per- property. However, this section does son may have violated paragraph (a)(3) not prohibit the dropping of any object of this section, that person shall, upon if reasonable precautions are taken to request by the Administrator, furnish avoid injury or damage to persons or the Administrator, or authorize any property. clinic, hospital, doctor, or other person to release to the Administrator, the re- § 91.17 Alcohol or drugs. sults of each test taken within 4 hours (a) No person may act or attempt to after acting or attempting to act as a act as a crewmember of a civil air- crewmember that indicates the pres- craft— ence of any drugs in the body. (1) Within 8 hours after the consump- (e) Any test information obtained by tion of any alcoholic beverage; the Administrator under paragraph (c) (2) While under the influence of alco- or (d) of this section may be evaluated hol; in determining a person’s qualifica- (3) While using any drug that affects tions for any airman certificate or pos- the person’s faculties in any way con- sible violations of this chapter and trary to safety; or may be used as evidence in any legal (4) While having .04 percent by proceeding under section 602, 609, or 901 weight or more alcohol in the blood. of the Federal Aviation Act of 1958. (b) Except in an emergency, no pilot of a civil aircraft may allow a person § 91.19 Carriage of narcotic drugs, who appears to be intoxicated or who marihuana, and depressant or stim- demonstrates by manner or physical ulant drugs or substances. indications that the individual is under (a) Except as provided in paragraph the influence of drugs (except a medi- (b) of this section, no person may oper- cal patient under proper care) to be ate a civil aircraft within the United carried in that aircraft. States with knowledge that narcotic
185
VerDate 27
drugs, marihuana, and depressant or truth-in-leasing clause as a concluding stimulant drugs or substances as de- paragraph in large print, immediately fined in Federal or State statutes are preceding the space for the signature of carried in the aircraft. the parties, which contains the follow- (b) Paragraph (a) of this section does ing with respect to each such aircraft: not apply to any carriage of narcotic (1) Identification of the Federal Avia- drugs, marihuana, and depressant or tion Regulations under which the air- stimulant drugs or substances author- craft has been maintained and in- ized by or under any Federal or State spected during the 12 months preceding statute or by any Federal or State the execution of the lease or contract agency. of conditional sale, and certification by the parties thereto regarding the air- § 91.21 Portable electronic devices. craft’s status of compliance with appli- (a) Except as provided in paragraph cable maintenance and inspection re- (b) of this section, no person may oper- quirements in this part for the oper- ate, nor may any operator or pilot in ation to be conducted under the lease command of an aircraft allow the oper- or contract of conditional sale. ation of, any portable electronic device (2) The name and address (printed or on any of the following U.S.-registered typed) and the signature of the person civil aircraft: responsible for operational control of (1) Aircraft operated by a holder of the aircraft under the lease or contract an air carrier operating certificate or of conditional sale, and certification an operating certificate; or that each person understands that per- (2) Any other aircraft while it is op- son’s responsibilities for compliance erated under IFR. with applicable Federal Aviation Regu- (b) Paragraph (a) of this section does lations. not apply to— (3) A statement that an explanation (1) Portable voice recorders; of factors bearing on operational con- (2) Hearing aids; trol and pertinent Federal Aviation (3) Heart pacemakers; Regulations can be obtained from the (4) Electric shavers; or nearest FAA Flight Standards district (5) Any other portable electronic de- 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, 127, certificate or an operating certificate, 135, 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—
186
VerDate 27
(1) The lessee or conditional buyer, or the lessor, and the person to whom it is the registered owner if the lessee is not furnished the lessee. a citizen of the United States, has (Approved by the Office of Management and mailed a copy of the lease or contract Budget under control number 2120–0005) that complies with the requirements of paragraph (a) of this section, within 24 [Doc. No. 18334, 54 FR 34292, Aug. 18, 1989, as hours of its execution, to the Aircraft amended by Amdt. 91–212, 54 FR 39293, Sept. Registration Branch, Attn: Technical 25, 1989; Amdt. 91–253, 62 FR 13253, Mar. 19, 1997] Section, P.O. Box 25724, Oklahoma City, OK 73125; § 91.25 Aviation Safety Reporting Pro- (2) A copy of the lease or contract gram: Prohibition against use of re- that complies with the requirements of ports for enforcement purposes. paragraph (a) of this section is carried The Administrator of the FAA will in the aircraft. The copy of the lease or not use reports submitted to the Na- contract shall be made available for re- tional Aeronautics and Space Adminis- view upon request by the Adminis- tration under the Aviation Safety Re- trator, and porting Program (or information de- (3) The lessee or conditional buyer, or rived therefrom) in any enforcement the registered owner if the lessee is not action except information concerning a citizen of the United States, has noti- accidents or criminal offenses which fied by telephone or in person the FAA are wholly excluded from the Program. Flight Standards district office nearest §§ 91.27—91.99 [Reserved] the airport where the flight will origi- nate. Unless otherwise authorized by Subpart B—Flight Rules that office, the notification shall be given at least 48 hours before takeoff in the case of the first flight of that air- SOURCE: Docket No. 18334, 54 FR 34294, Aug. 18, 1989, unless otherwise noted. craft under that lease or contract and inform the FAA of— GENERAL (i) The location of the airport of de- parture; § 91.101 Applicability. (ii) The departure time; and This subpart prescribes flight rules (iii) The registration number of the governing the operation of aircraft aircraft involved. within the United States and within 12 (d) The copy of the lease or contract nautical miles from the coast of the furnished to the FAA under paragraph United States. (c) of this section is commercial or fi- § 91.103 Preflight action. nancial information obtained from a person. It is, therefore, privileged and Each pilot in command shall, before confidential and will not be made beginning a flight, become familiar available by the FAA for public inspec- with all available information concern- tion or copying under 5 U.S.C. 552(b)(4) ing that flight. This information 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 weather reports and forecasts, fuel re- lease means any agreement by a person quirements, alternatives available if to furnish an aircraft to another person the planned flight cannot be com- for compensation or hire, whether with pleted, and any known traffic delays of or without flight crewmembers, other which the pilot in command has been than an agreement for the sale of an advised by ATC; aircraft and a contract of conditional (b) For any flight, runway lengths at sale under section 101 of the Federal airports of intended use, and the fol- Aviation Act of 1958. The person fur- lowing takeoff and landing distance in- nishing the aircraft is referred to as formation:
187
VerDate 27
(1) For civil aircraft for which an ap- (2) No pilot may cause to be moved proved Airplane or Rotorcraft Flight on the surface, take off, or land a U.S.- Manual containing takeoff and landing registered civil aircraft (except a free distance data is required, the takeoff balloon that incorporates a basket or and landing distance data contained gondola, or an airship type certificated therein; and before November 2, 1987) unless the (2) For civil aircraft other than those pilot in command of that aircraft en- specified in paragraph (b)(1) of this sec- sures that each person on board has tion, other reliable information appro- been notified to fasten his or her safety priate to the aircraft, relating to air- belt and, if installed, his or her shoul- craft performance under expected val- der harness. ues of airport elevation and runway (3) Except as provided in this para- slope, aircraft gross weight, and wind graph, each person on board a U.S.-reg- and temperature. istered civil aircraft (except a free bal- loon that incorporates a basket or gon- § 91.105 Flight crewmembers at sta- tions. dola or an airship type certificated be- fore November 2, 1987) must occupy an (a) During takeoff and landing, and approved seat or berth with a safety while en route, each required flight belt and, if installed, shoulder harness, crewmember shall— properly secured about him or her dur- (1) Be at the crewmember station un- ing movement on the surface, takeoff, less the absence is necessary to per- and landing. For seaplane and float form duties in connection with the op- equipped rotorcraft operations during eration of the aircraft or in connection movement on the surface, the person with physiological needs; and pushing off the seaplane or rotorcraft (2) Keep the safety belt fastened from the dock and the person mooring while at the crewmember station. the seaplane or rotorcraft at the dock (b) Each required flight crewmember are excepted from the preceding seat- of a U.S.-registered civil aircraft shall, ing and safety belt requirements. Not- during takeoff and landing, keep his or withstanding the preceding require- her shoulder harness fastened while at his or her assigned duty station. This ments of this paragraph, a person may: paragraph does not apply if— (i) Be held by an adult who is occupy- (1) The seat at the crewmember’s sta- ing an approved seat or berth, provided tion is not equipped with a shoulder that the person being held has not harness; or reached his or her second birthday and (2) The crewmember would be unable does not occupy or use any restraining to perform required duties with the device; shoulder harness fastened. (ii) Use the floor of the aircraft as a seat, provided that the person is on [Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as board for the purpose of engaging in amended by Amdt. 91–231, 57 FR 42671, Sept. sport parachuting; or 15, 1992] (iii) Notwithstanding any other re- § 91.107 Use of safety belts, shoulder quirement of this chapter, occupy an harnesses, and child restraint sys- approved child restraint system fur- tems. nished by the operator or one of the (a) Unless otherwise authorized by persons described in paragraph the Administrator— (a)(3)(iii)(A) of this section provided (1) No pilot may take off a U.S.-reg- that: istered civil aircraft (except a free bal- (A) The child is accompanied by a loon that incorporates a basket or gon- parent, guardian, or attendant des- dola, or an airship type certificated be- ignated by the child’s parent or guard- fore November 2, 1987) unless the pilot ian to attend to the safety of the child in command of that aircraft ensures during the flight; that each person on board is briefed on (B) Except as provided in paragraph how to fasten and unfasten that per- (a)(3)(iii)(B)(4) of this action, the ap- son’s safety belt and, if installed, proved child restraint system bears one shoulder harness. or more labels as follows:
188
VerDate 27
(1) Seats manufactured to U.S. stand- unless that aircraft has fully function- ards between January 1, 1981, and Feb- ing dual controls. However, instrument ruary 25, 1985, must bear the label: flight instruction may be given in a ‘‘This child restraint system conforms single-engine airplane equipped with a to all applicable Federal motor vehicle single, functioning throwover control safety standards’’; wheel in place of fixed, dual controls of (2) Seats manufactured to U.S. stand- the elevator and ailerons when— ards on or after February 26, 1985, must (1) The instructor has determined bear two labels: that the flight can be conducted safely; (i) ‘‘This child restraint system con- and forms to all applicable Federal motor (2) The person manipulating the con- vehicle safety standards’’; and trols has at least a private pilot certifi- (ii) ‘‘THIS RESTRAINT IS CER- cate with appropriate category and TIFIED FOR USE IN MOTOR VEHI- class ratings. CLES AND AIRCRAFT’’ in red letter- (b) No person may operate a civil air- ing; (3) Seats that do not qualify under craft in simulated instrument flight paragraphs (a)(3)(iii)(B)(1) and unless— (a)(3)(iii)(B)(2) of this section must (1) The other control seat is occupied bear either a label showing approval of by a safety pilot who possesses at least a foreign government or a label show- a private pilot certificate with cat- ing that the seat was manufactured egory and class ratings appropriate to under the standards of the United Na- the aircraft being flown. tions; (2) The safety pilot has adequate vi- (4) Notwithstanding any other provi- sion forward and to each side of the sion of this section, booster-type child aircraft, or a competent observer in the restraint systems (as defined in Fed- aircraft adequately supplements the vi- eral Motor Vehicle Safety Standard sion of the safety pilot; and No. 213 (49 CFR 571.213)), vest- and har- (3) Except in the case of lighter-than- ness-type child restraint systems, and air aircraft, that aircraft is equipped lap held child restraints are not ap- with fully functioning dual controls. proved for use in aircraft; and However, simulated instrument flight (C) The operator complies with the may be conducted in a single-engine following requirements: airplane, equipped with a single, func- (1) The restraint system must be tioning, throwover control wheel, in properly secured to an approved for- place of fixed, dual controls of the ele- ward-facing seat or berth; vator and ailerons, when— (2) The child must be properly se- (i) The safety pilot has determined cured in the restraint system and must that the flight can be conducted safely; not exceed the specified weight limit and for the restraint system; and (ii) The person manipulating the con- (3) The restraint system must bear trols has at least a private pilot certifi- the appropriate label(s). cate with appropriate category and (b) Unless otherwise stated, this sec- tion does not apply to operations con- class ratings. ducted under part 121, 125, or 135 of this (c) No person may operate a civil air- chapter. Paragraph (a)(3) of this sec- craft that is being used for a flight test tion does not apply to persons subject for an airline transport pilot certifi- to § 91.105. cate or a class or type rating on that certificate, or for a part 121 proficiency [Doc. No. 26142, 57 FR 42671, Sept. 15, 1992, as flight test, unless the pilot seated at amended by Amdt. 91–250, 61 FR 28421, June the controls, other than the pilot being 4, 1996] checked, is fully qualified to act as § 91.109 Flight instruction; Simulated pilot in command of the aircraft. instrument flight and certain flight tests. § 91.111 Operating near other aircraft. (a) No person may operate a civil air- (a) No person may operate an aircraft craft (except a manned free balloon) so close to another aircraft as to create that is being used for flight instruction a collision hazard.
189
VerDate 27
(b) No person may operate an aircraft the runway surface which has already in formation flight except by arrange- landed and is attempting to make way ment with the pilot in command of for an aircraft on final approach. When each aircraft in the formation. two or more aircraft are approaching (c) No person may operate an air- an airport for the purpose of landing, craft, carrying passengers for hire, in the aircraft at the lower altitude has formation flight. the right-of-way, but it shall not take advantage of this rule to cut in front of § 91.113 Right-of-way rules: Except another which is on final approach to water operations. land or to overtake that aircraft. (a) Inapplicability. This section does not apply to the operation of an air- § 91.115 Right-of-way rules: Water op- craft on water. erations. (b) General. When weather conditions (a) General. Each person operating an permit, regardless of whether an oper- aircraft on the water shall, insofar as ation is conducted under instrument possible, keep clear of all vessels and flight rules or visual flight rules, vigi- avoid impeding their navigation, and lance shall be maintained by each per- shall give way to any vessel or other son operating an aircraft so as to see aircraft that is given the right-of-way and avoid other aircraft. When a rule of by any rule of this section. this section gives another aircraft the (b) Crossing. When aircraft, or an air- right-of-way, the pilot shall give way craft and a vessel, are on crossing to that aircraft and may not pass over, courses, the aircraft or vessel to the under, or ahead of it unless well clear. other’s right has the right-of-way. (c) In distress. An aircraft in distress (c) Approaching head-on. When air- has the right-of-way over all other air craft, or an aircraft and a vessel, are traffic. approaching head-on, or nearly so, each (d) Converging. When aircraft of the shall alter its course to the right to same category are converging at ap- keep well clear. proximately the same altitude (except (d) Overtaking. Each aircraft or vessel head-on, or nearly so), the aircraft to that is being overtaken has the right- the other’s right has the right-of-way. of-way, and the one overtaking shall If the aircraft are of different cat- alter course to keep well clear. egories— (e) Special circumstances. When air- (1) A balloon has the right-of-way craft, or an aircraft and a vessel, ap- over any other category of aircraft; proach so as to involve risk of colli- (2) A glider has the right-of-way over sion, each aircraft or vessel shall pro- an airship, airplane, or rotorcraft; and ceed with careful regard to existing (3) An airship has the right-of-way circumstances, including the limita- over an airplane or rotorcraft. tions of the respective craft. However, an aircraft towing or re- fueling other aircraft has the right-of- § 91.117 Aircraft speed. way over all other engine-driven air- (a) Unless otherwise authorized by craft. the Administrator, no person may op- (e) Approaching head-on. When air- erate an aircraft below 10,000 feet MSL craft are approaching each other head- at an indicated airspeed of more than on, or nearly so, each pilot of each air- 250 knots (288 m.p.h.). craft shall alter course to the right. (b) Unless otherwise authorized or re- (f) Overtaking. Each aircraft that is quired by ATC, no person may operate being overtaken has the right-of-way an aircraft at or below 2,500 feet above and each pilot of an overtaking aircraft the surface within 4 nautical miles of shall alter course to the right to pass the primary airport of a Class C or well clear. Class D airspace area at an indicated (g) Landing. Aircraft, while on final airspeed of more than 200 knots (230 approach to land or while landing, have mph.). This paragraph (b) does not the right-of-way over other aircraft in apply to any operations within a Class flight or operating on the surface, ex- B airspace area. Such operations shall cept that they shall not take advan- comply with paragraph (a) of this sec- tage of this rule to force an aircraft off tion.
190
VerDate 27
(c) No person may operate an aircraft (i) The current reported altimeter in the airspace underlying a Class B setting of a station along the route and airspace area designated for an airport within 100 nautical miles of the air- or in a VFR corridor designated craft; through such a Class B airspace area, (ii) If there is no station within the at an indicated airspeed of more than area prescribed in paragraph (a)(1)(i) of 200 knots (230 mph). this section, the current reported al- (d) If the minimum safe airspeed for timeter setting of an appropriate avail- any particular operation is greater able station; or than the maximum speed prescribed in (iii) In the case of an aircraft not this section, the aircraft may be oper- equipped with a radio, the elevation of ated at that minimum speed. the departure airport or an appropriate altimeter setting available before de- [Doc. No. 18334, 54 FR 34292, Aug. 18, 1989, as parture; or amended by Amdt. 91–219, 55 FR 34708, Aug. (2) At or above 18,000 feet MSL, to 24, 1990; Amdt. 91–227, 56 FR 65657, Dec. 17, ″ 1991; Amdt. 91–233, 58 FR 43554, Aug. 17, 1993] 29.92 Hg. (b) The lowest usable flight level is § 91.119 Minimum safe altitudes: Gen- determined by the atmospheric pres- eral. sure in the area of operation as shown in the following table: Except when necessary for takeoff or landing, no person may operate an air- Lowest craft below the following altitudes: usable Current altimeter setting flight (a) Anywhere. An altitude allowing, if level a power unit fails, an emergency land- 29.92 (or higher) ...... 180 ing without undue hazard to persons or 29.91 through 29.42 ...... 185 property on the surface. 29.41 through 28.92 ...... 190 (b) Over congested areas. Over any 28.91 through 28.42 ...... 195 28.41 through 27.92 ...... 200 congested area of a city, town, or set- 27.91 through 27.42 ...... 205 tlement, or over any open air assembly 27.41 through 26.92 ...... 210 of persons, an altitude of 1,000 feet above the highest obstacle within a (c) To convert minimum altitude pre- horizontal radius of 2,000 feet of the scribed under §§ 91.119 and 91.177 to the aircraft. minimum flight level, the pilot shall (c) Over other than congested areas. An take the flight level equivalent of the altitude of 500 feet above the surface, minimum altitude in feet and add the except over open water or sparsely pop- appropriate number of feet specified ulated areas. In those cases, the air- below, according to the current re- craft may not be operated closer than ported altimeter setting: 500 feet to any person, vessel, vehicle, Adjust- or structure. Current altimeter setting ment (d) Helicopters. Helicopters may be op- factor erated at less than the minimums pre- 29.92 (or higher) ...... None scribed in paragraph (b) or (c) of this 29.91 through 29.42 ...... 500 section if the operation is conducted 29.41 through 28.92 ...... 1,000 28.91 through 28.42 ...... 1,500 without hazard to persons or property 28.41 through 27.92 ...... 2,000 on the surface. In addition, each person 27.91 through 27.42 ...... 2,500 operating a helicopter shall comply 27.41 through 26.92 ...... 3,000 with any routes or altitudes specifi- cally prescribed for helicopters by the § 91.123 Compliance with ATC clear- Administrator. ances and instructions. (a) When an ATC clearance has been § 91.121 Altimeter settings. obtained, no pilot in command may de- (a) Each person operating an aircraft viate from that clearance unless an shall maintain the cruising altitude or amended clearance is obtained, an flight level of that aircraft, as the case emergency exists, or the deviation is in 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
191
VerDate 27
pilot may cancel an IFR flight plan if § 91.126 Operating on or in the vicinity the operation is being conducted in of an airport in Class G airspace. VFR weather conditions. When a pilot (a) General. Unless otherwise author- is uncertain of an ATC clearance, that ized or required, each person operating pilot shall immediately request clari- an aircraft on or in the vicinity of an fication from ATC. airport in a Class G airspace area must (b) Except in an emergency, no per- comply with the requirements of this son may operate an aircraft contrary section. to an ATC instruction in an area in (b) Direction of turns. When approach- which air traffic control is exercised. ing to land at an airport without an op- (c) Each pilot in command who, in an erating control tower in Class G air- emergency, or in response to a traffic space— alert and collision avoidance system (1) Each pilot of an airplane must resolution advisory, deviates from an make all turns of that airplane to the ATC clearance or instruction shall no- left unless the airport displays ap- tify ATC of that deviation as soon as proved light signals or visual markings indicating that turns should be made possible. to the right, in which case the pilot (d) Each pilot in command who must make all turns to the right; and (though not deviating from a rule of (2) Each pilot of a helicopter must this subpart) is given priority by ATC avoid the flow of fixed-wing aircraft. in an emergency, shall submit a de- (c) Flap settings. Except when nec- tailed report of that emergency within essary for training or certification, the 48 hours to the manager of that ATC pilot in command of a civil turbojet- facility, if requested by ATC. powered aircraft must use, as a final (e) Unless otherwise authorized by flap setting, the minimum certificated ATC, no person operating an aircraft landing flap setting set forth in the ap- may operate that aircraft according to proved performance information in the any clearance or instruction that has Airplane Flight Manual for the appli- been issued to the pilot of another air- cable conditions. However, each pilot craft for radar air traffic control pur- in command has the final authority poses. and responsibility for the safe oper- ation of the pilot’s airplane, and may (Approved by the Office of Management and use a different flap setting for that air- Budget under control number 2120–0005) plane if the pilot determines that it is necessary in the interest of safety. [Doc. No. 18834, 54 FR 34294, Aug. 18, 1989, as amended by Amdt. 91–227, 56 FR 65658, Dec. (d) Communications with control tow- 17, 1991; Amdt. 91–244, 60 FR 50679, Sept. 29, ers. Unless otherwise authorized or re- 1995] quired by ATC, no person may operate an aircraft to, from, through, or on an § 91.125 ATC light signals. airport having an operational control tower unless two-way radio commu- ATC light signals have the meaning nications are maintained between that shown in the following table: aircraft and the control tower. Commu- nications must be established prior to 4 Color and type of Meaning with re- Meaning with re- signal spect to aircraft on spect to aircraft in nautical miles from the airport, up to the surface flight and including 2,500 feet AGL. However, Steady green ...... Cleared for takeoff Cleared to land. if the aircraft radio fails in flight, the Flashing green ..... Cleared to taxi ...... Return for landing pilot in command may operate that (to be followed aircraft and land if weather conditions by steady green are at or above basic VFR weather at proper time). Steady red ...... Stop ...... Give way to other minimums, visual contact with the aircraft and con- tower is maintained, and a clearance to tinue circling. land is received. If the aircraft radio Flashing red ...... Taxi clear of run- Airport unsafeÐdo fails while in flight under IFR, the way in use. not land. Flashing white ...... Return to starting Not applicable. pilot must comply with § 91.185. point on airport. [Doc. No. 24458, 56 FR 65658, Dec. 17, 1991, as Alternating red and Exercise extreme Exercise extreme amended by Amdt. 91–239, 59 FR 11693, Mar. green. caution. caution. 11, 1994]
192
VerDate 27
§ 91.127 Operating on or in the vicinity cerned. ATC may authorize a deviation of an airport in Class E airspace. on a continuing basis or for an individ- (a) Unless otherwise required by part ual flight, as appropriate. 93 of this chapter or unless otherwise (c) Communications. Each person oper- authorized or required by the ATC fa- ating an aircraft in Class D airspace cility having jurisdiction over the must meet the following two-way radio Class E airspace area, each person op- communications requirements: erating an aircraft on or in the vicinity (1) Arrival or through flight. Each per- of an airport in a Class E airspace area son must establish two-way radio com- must comply with the requirements of munications with the ATC facility (in- § 91.126. cluding foreign ATC in the case of for- (b) Departures. Each pilot of an air- eign airspace designated in the United craft must comply with any traffic pat- States) providing air traffic services terns established for that airport in prior to entering that airspace and part 93 of this chapter. thereafter maintain those communica- (c) Communications with control tow- tions while within that airspace. ers. Unless otherwise authorized or re- (2) Departing flight. Each person— quired by ATC, no person may operate (i) From the primary airport or sat- an aircraft to, from, through, or on an ellite airport with an operating control airport having an operational control tower must establish and maintain tower unless two-way radio commu- two-way radio communications with nications are maintained between that the control tower, and thereafter as in- aircraft and the control tower. Commu- structed by ATC while operating in the nications must be established prior to 4 Class D airspace area; or nautical miles from the airport, up to (ii) From a satellite airport without and including 2,500 feet AGL. However, an operating control tower, must es- if the aircraft radio fails in flight, the tablish and maintain two-way radio pilot in command may operate that communications with the ATC facility aircraft and land if weather conditions having jurisdiction over the Class D are at or above basic VFR weather airspace area as soon as practicable minimums, visual contact with the after departing. tower is maintained, and a clearance to (d) Communications failure. Each per- land is received. If the aircraft radio son who operates an aircraft in a Class fails while in flight under IFR, the D airspace area must maintain two- pilot must comply with § 91.185. way radio communications with the [Doc. No. 24458, 56 FR 65658, Dec. 17, 1991, as ATC facility having jurisdiction over amended by Amdt. 91–239, 59 FR 11693, Mar. that area. 11, 1994] (1) If the aircraft radio fails in flight under IFR, the pilot must comply with § 91.129 Operations in Class D air- § 91.185 of the part. space. (2) If the aircraft radio fails in flight (a) General. Unless otherwise author- under VFR, the pilot in command may ized or required by the ATC facility operate that aircraft and land if— having jurisdiction over the Class D (i) Weather conditions are at or airspace area, each person operating an above basic VFR weather minimums; aircraft in Class D airspace must com- (ii) Visual contact with the tower is ply with the applicable provisions of maintained; and this section. In addition, each person (iii) A clearance to land is received. must comply with §§ 91.126 and 91.127. (e) Minimum Altitudes. When operat- For the purpose of this section, the pri- ing to an airport in Class D airspace, mary airport is the airport for which each pilot of— the Class D airspace area is designated. (1) A large or turbine-powered air- A satellite airport is any other airport plane shall, unless otherwise required within the Class D airspace area. by the applicable distance from cloud (b) Deviations. An operator may devi- criteria, enter the traffic pattern at an ate from any provision of this section altitude of at least 1,500 feet above the under the provisions of an ATC author- elevation of the airport and maintain ization issued by the ATC facility hav- at least 1,500 feet until further descent ing jurisdiction over the airspace con- is required for a safe landing;
193
VerDate 27
(2) A large or turbine-powered air- erating control tower, operate an air- plane approaching to land on a runway craft on a runway or taxiway, or take served by an instrument landing sys- off or land an aircraft, unless an appro- tem (ILS), if the airplane is ILS priate clearance is received from ATC. equipped, shall fly that airplane at an A clearance to ‘‘taxi to’’ the takeoff altitude at or above the glide slope be- runway assigned to the aircraft is not a tween the outer marker (or point of clearance to cross that assigned take- interception of glide slope, if compli- off runway, or to taxi on that runway ance with the applicable distance from at any point, but is a clearance to cross cloud criteria requires interception other runways that intersect the taxi closer in) and the middle marker; and route to that assigned takeoff runway. (3) An airplane approaching to land A clearance to ‘‘taxi to’’ any point on a runway served by a visual ap- other than an assigned takeoff runway proach slope indicator shall maintain is clearance to cross all runways that an altitude at or above the glide slope intersect the taxi route to that point. until a lower altitude is necessary for a safe landing. [Doc. No. 24458, 56 FR 65658, Dec. 17, 1991, as Paragraphs (e)(2) and (e)(3) of this sec- amended by Amdt. 91–234, 58 FR 48793, Sept. 20, 1993] tion do not prohibit normal bracketing maneuvers above or below the glide § 91.130 Operations in Class C air- slope that are conducted for the pur- space. pose of remaining on the glide slope. (f) Approaches. Except when conduct- (a) General. Unless otherwise author- ing a circling approach under part 97 of ized by ATC, each aircraft operation in this chapter or unless otherwise re- Class C airspace must be conducted in quired by ATC, each pilot must— compliance with this section and (1) Circle the airport to the left, if op- § 91.129. For the purpose of this section, erating an airplane; or the primary airport is the airport for (2) Avoid the flow of fixed-wing air- which the Class C airspace area is des- craft, if operating a helicopter. ignated. A satellite airport is any other (g) Departures. No person may oper- airport within the Class C airspace ate an aircraft departing from an air- area. port except in compliance with the fol- (b) Traffic patterns. No person may lowing: take off or land an aircraft at a sat- (1) Each pilot must comply with any ellite airport within a Class C airspace departure procedures established for area except in compliance with FAA that airport by the FAA. arrival and departure traffic patterns. (2) Unless otherwise required by the (c) Communications. Each person oper- prescribed departure procedure for that ating an aircraft in Class C airspace airport or the applicable distance from must meet the following two-way radio clouds criteria, each pilot of a turbine- communications requirements: powered airplane and each pilot of a (1) Arrival or through flight. Each per- large airplane must climb to an alti- son must establish two-way radio com- tude of 1,500 feet above the surface as munications with the ATC facility (in- rapidly as practicable. cluding foreign ATC in the case of for- (h) Noise abatement. Where a formal runway use program has been estab- eign airspace designated in the United lished by the FAA, each pilot of a large States) providing air traffic services or turbine-powered airplane assigned a prior to entering that airspace and noise abatement runway by ATC must thereafter maintain those communica- use that runway. However, consistent tions while within that airspace. with the final authority of the pilot in (2) Departing flight. Each person— command concerning the safe oper- (i) From the primary airport or sat- ation of the aircraft as prescribed in ellite airport with an operating control § 91.3(a), ATC may assign a different tower must establish and maintain runway if requested by the pilot in the two-way radio communications with interest of safety. the control tower, and thereafter as in- (i) Takeoff, landing, taxi clearance. No structed by ATC while operating in the person may, at any airport with an op- Class C airspace area; or
194
VerDate 27
(ii) From a satellite airport without (ii) The aircraft is operated by a stu- an operating control tower, must es- dent pilot or recreational pilot who tablish and maintain two-way radio seeks private pilot certification and communications with the ATC facility has met the requirements of § 61.95 of having jurisdiction over the Class C this chapter. airspace area as soon as practicable (2) Notwithstanding the provisions of after departing. paragraph (b)(1)(ii) of this section, no (d) Equipment requirements. Unless person may take off or land a civil air- otherwise authorized by the ATC hav- craft at those airports listed in section ing jurisdiction over the Class C air- 4 of appendix D of this part unless the space area, no person may operate an pilot in command holds at least a pri- aircraft within a Class C airspace area vate pilot certificate. designated for an airport unless that (c) Communications and navigation aircraft is equipped with the applicable equipment requirements. Unless other- equipment specified in § 91.215. wise authorized by ATC, no person may (e) Deviations. An operator may devi- operate an aircraft within a Class B ate from any provision of this section airspace area unless that aircraft is under the provisions of an ATC author- equipped with— ization issued by the ATC facility hav- (1) For IFR operation. An operable ing jurisdiction over the airspace con- VOR or TACAN receiver; and cerned. ATC may authorize a deviation (2) For all operations. An operable on a continuing basis or for an individ- two-way radio capable of communica- ual flight, as appropriate. tions with ATC on appropriate fre- [Doc. No. 24458, 56 FR 65659, Dec. 17, 1991, as quencies for that Class B airspace area. amended by Amdt. 91–232, 58 FR 40736, July (d) Transponder requirements. No per- 30, 1993; Amdt. 91–239, 59 FR 11693, Mar. 11, son may operate an aircraft in a Class 1994] B airspace area unless the aircraft is equipped with the applicable operating § 91.131 Operations in Class B air- transponder and automatic altitude re- space. porting equipment specified in para- (a) Operating rules. No person may op- graph (a) of § 91.215, except as provided erate an aircraft within a Class B air- in paragraph (d) of that section. space area except in compliance with § 91.129 and the following rules: [Doc. No. 24458, 56 FR 65658, Dec. 17, 1991] (1) The operator must receive an ATC clearance from the ATC facility having § 91.133 Restricted and prohibited areas. jurisdiction for that area before operat- ing an aircraft in that area. (a) No person may operate an aircraft (2) Unless otherwise authorized by within a restricted area (designated in ATC, each person operating a large tur- part 73) contrary to the restrictions bine engine-powered airplane to or imposed, or within a prohibited area, from a primary airport for which a unless that person has the permission Class B airspace area is designated of the using or controlling agency, as must operate at or above the des- appropriate. ignated floors of the Class B airspace (b) Each person conducting, within a area while within the lateral limits of restricted area, an aircraft operation that area. (approved by the using agency) that (3) Any person conducting pilot creates the same hazards as the oper- training operations at an airport with- ations for which the restricted area in a Class B airspace area must comply was designated may deviate from the with any procedures established by rules of this subpart that are not com- ATC for such operations in that area. patible with the operation of the air- (b) Pilot requirements. (1) No person craft. may take off or land a civil aircraft at an airport within a Class B airspace § 91.135 Operations in Class A air- area or operate a civil aircraft within a space. Class B airspace area unless— Except as provided in paragraph (d) (i) The pilot in command holds at of this section, each person operating least a private pilot certificate; or an aircraft in Class A airspace must
195
VerDate 27
conduct that operation under instru- (3) Prevent an unsafe congestion of ment flight rules (IFR) and in compli- sightseeing and other aircraft above an ance with the following: incident or event which may generate a (a) Clearance. Operations may be con- high degree of public interest. ducted only under an ATC clearance re- The Notice to Airmen will specify the ceived prior to entering the airspace. hazard or condition that requires the (b) Communications. Unless otherwise imposition of temporary flight restric- authorized by ATC, each aircraft oper- tions. ating in Class A airspace must be (b) When a NOTAM has been issued equipped with a two-way radio capable under paragraph (a)(1) of this section, of communicating with ATC on a fre- no person may operate an aircraft quency assigned by ATC. Each pilot within the designated area unless that must maintain two-way radio commu- aircraft is participating in the hazard nications with ATC while operating in relief activities and is being operated Class A airspace. under the direction of the official in (c) Transponder requirement. Unless charge of on scene emergency response otherwise authorized by ATC, no per- activities. son may operate an aircraft within (c) When a NOTAM has been issued Class A airspace unless that aircraft is under paragraph (a)(2) of this section, equipped with the applicable equip- no person may operate an aircraft ment specified in § 91.215. within the designated area unless at (d) ATC authorizations. An operator least one of the following conditions may deviate from any provision of this are met: section under the provisions of an ATC (1) The aircraft is participating in authorization issued by the ATC facil- hazard relief activities and is being op- ity having jurisdiction of the airspace erated under the direction of the offi- concerned. In the case of an inoper- cial in charge of on scene emergency ative transponder, ATC may imme- response activities. diately approve an operation within a (2) The aircraft is carrying law en- Class A airspace area allowing flight to forcement officials. continue, if desired, to the airport of (3) The aircraft is operating under ultimate destination, including any in- the ATC approved IFR flight plan. termediate stops, or to proceed to a (4) The operation is conducted di- place where suitable repairs can be rectly to or from an airport within the made, or both. Requests for deviation area, or is necessitated by the imprac- from any provision of this section must ticability of VFR flight above or be submitted in writing, at least 4 days around the area due to weather, or ter- before the proposed operation. ATC rain; notification is given to the Flight may authorize a deviation on a con- Service Station (FSS) or ATC facility tinuing basis or for an individual specified in the NOTAM to receive flight. advisories concerning disaster relief aircraft operations; and the operation [Doc. No. 24458, 56 FR 65659, Dec. 17, 1991] does not hamper or endanger relief ac- tivities and is not conducted for the § 91.137 Temporary flight restrictions. purpose of observing the disaster. (a) The Administrator will issue a (5) The aircraft is carrying properly Notice to Airmen (NOTAM) designat- accredited news representatives, and, ing an area within which temporary prior to entering the area, a flight plan flight restrictions apply and specifying is filed with the appropriate FAA or the hazard or condition requiring their ATC facility specified in the Notice to imposition, whenever he determines it Airmen and the operation is conducted is necessary in order to— above the altitude used by the disaster (1) Protect persons and property on relief aircraft, unless otherwise author- the surface or in the air from a hazard ized by the official in charge of on associated with an incident on the sur- scene emergency response activities. face; (d) When a NOTAM has been issued (2) Provide a safe environment for under paragraph (a)(3) of this section, the operation of disaster relief aircraft; no person may operate an aircraft or within the designated area unless at
196
VerDate 27
least one of the following conditions is may operate an aircraft within the des- met: ignated airspace unless: (1) The operation is conducted di- (1) That person has obtained author- rectly to or from an airport within the ization from the official in charge of area, or is necessitated by the imprac- associated emergency or disaster relief ticability of VFR flight above or response activities, and is operating around the area due to weather or ter- the aircraft under the conditions of rain, and the operation is not con- that authorization; ducted for the purpose of observing the (2) The aircraft is carrying law en- incident or event. forcement officials; (2) The aircraft is operating under an (3) The aircraft is carrying persons ATC approved IFR flight plan. involved in an emergency or a legiti- (3) The aircraft is carrying incident mate scientific purpose; (4) The aircraft is carrying properly or event personnel, or law enforcement accredited newspersons, and that prior officials. to entering the area, a flight plan is (4) The aircraft is carrying properly filed with the appropriate FAA or ATC accredited news representatives and, facility specified in the NOTAM and prior to entering that area, a flight the operation is conducted in compli- plan is filed with the appropriate FSS ance with the conditions and restric- or ATC facility specified in the tions established by the official in NOTAM. charge of on-scene emergency response (e) Flight plans filed and notifica- activities; or, tions made with an FSS or ATC facil- (5) The aircraft is operating in ac- ity under this section shall include the cordance with an ATC clearance or in- following information: struction. (1) Aircraft identification, type and (c) A NOTAM issued under this sec- color. tion is effective for 90 days or until the (2) Radio communications fre- national disaster area designation is quencies to be used. terminated, whichever comes first, un- (3) Proposed times of entry of, and less terminated by notice or extended exit from, the designated area. by the Administrator at the request of (4) Name of news media or organiza- the Governor of the State of Hawaii or tion and purpose of flight. the Governor’s designee. (5) Any other information requested [Doc. No. 26476, 56 FR 23178, May 20, 1991] by ATC. § 91.139 Emergency air traffic rules. § 91.138 Temporary flight restrictions (a) This section prescribes a process in national disaster areas in the for utilizing Notices to Airmen State of Hawaii. (NOTAMs) to advise of the issuance (a) When the Administrator has de- and operations under emergency air termined, pursuant to a request and traffic rules and regulations and des- justification provided by the Governor ignates the official who is authorized of the State of Hawaii, or the Gov- to issue NOTAMs on behalf of the Ad- ernor’s designee, that an inhabited ministrator in certain matters under area within a declared national disas- this section. ter area in the State of Hawaii is in (b) Whenever the Administrator de- need of protection for humanitarian termines that an emergency condition reasons, the Administrator will issue a exists, or will exist, relating to the Notice to Airmen (NOTAM) designat- FAA’s ability to operate the air traffic ing an area within which temporary control system and during which nor- flight restrictions apply. The Adminis- mal flight operations under this chap- trator will designate the extent and du- ter cannot be conducted consistent ration of the temporary flight restric- with the required levels of safety and tions necessary to provide for the pro- efficiency— tection of persons and property on the (1) The Administrator issues an im- surface. mediately effective air traffic rule or (b) When a NOTAM has been issued in regulation in response to that emer- accordance with this section, no person gency condition; and
197
VerDate 27
(2) The Administrator or the Associ- tice to Airmen issued under this sec- ate Administrator for Air Traffic may tion. utilize the NOTAM system to provide (b) Waivers. The Administrator is au- notification of the issuance of the rule thorized to waive any restriction or regulation. issued under paragraph (a) of this sec- Those NOTAMs communicate infor- tion to permit emergency supply, mation concerning the rules and regu- transport, or medical services to be de- lations that govern flight operations, livered to isolated communities, where the use of navigation facilities, and the operation can be conducted with an designation of that airspace in which acceptable level of safety. the rules and regulations apply. [Amdt. 91–240, 59 FR 17452, Apr. 12, 1994; 59 FR (c) When a NOTAM has been issued 37669, July 25, 1994] under this section, no person may oper- ate an aircraft, or other device gov- §§ 91.145—91.149 [Reserved] erned by the regulation concerned, within the designated airspace except VISUAL FLIGHT RULES in accordance with the authorizations, terms, and conditions prescribed in the § 91.151 Fuel requirements for flight in regulation covered by the NOTAM. VFR conditions. (a) No person may begin a flight in § 91.141 Flight restrictions in the prox- an airplane under VFR conditions un- imity of the Presidential and other less (considering wind and forecast parties. weather conditions) there is enough No person may operate an aircraft fuel to fly to the first point of intended over or in the vicinity of any area to be landing and, assuming normal cruising visited or traveled by the President, speed— the Vice President, or other public fig- (1) During the day, to fly after that ures contrary to the restrictions estab- for at least 30 minutes; or lished by the Administrator and pub- (2) At night, to fly after that for at lished in a Notice to Airmen (NOTAM). least 45 minutes. (b) No person may begin a flight in a § 91.143 Flight limitation in the prox- imity of space flight operations. rotorcraft under VFR conditions unless (considering wind and forecast weather No person may operate any aircraft conditions) there is enough fuel to fly of U.S. registry, or pilot any aircraft to the first point of intended landing under the authority of an airman cer- and, assuming normal cruising speed, tificate issued by the Federal Aviation to fly after that for at least 20 minutes. Administration within areas des- ignated in a Notice to Airmen § 91.153 VFR flight plan: Information (NOTAM) for space flight operations required. except when authorized by ATC, or op- (a) Information required. Unless other- erated under the control of the Depart- wise authorized by ATC, each person ment of Defense Manager for Space filing a VFR flight plan shall include in Transportation System Contingency it the following information: Support Operations. (1) The aircraft identification num- § 91.144 Temporary restriction on ber and, if necessary, its radio call flight operations during abnormally sign. high barometric pressure condi- (2) The type of the aircraft or, in the tions. case of a formation flight, the type of (a) Special flight restrictions. When any each aircraft and the number of air- information indicates that barometric craft in the formation. pressure on the route of flight cur- (3) The full name and address of the rently exceeds or will exceed 31 inches pilot in command or, in the case of a of mercury, no person may operate an formation flight, the formation com- aircraft or initiate a flight contrary to mander. the requirements established by the (4) The point and proposed time of de- Administrator and published in a No- parture.
198
VerDate 27
(5) The proposed route, cruising alti- Airspace Flight visibility Distance from tude (or flight level), and true airspeed clouds at that altitude. More than 1,200 (6) The point of first intended landing feet above the and the estimated elapsed time until surface but less than over that point. 10,000 feet (7) The amount of fuel on board (in MSL hours). Day ...... 1 statute mile ...... 500 feet below. 1,000 feet above. (8) The number of persons in the air- 2,000 feet hori- craft, except where that information is zontal. otherwise readily available to the FAA. Night ...... 3 statute miles ...... 500 feet below. (9) Any other information the pilot in 1,000 feet above. 2,000 feet hori- command or ATC believes is necessary zontal. for ATC purposes. More than 1,200 5 statute miles ...... 1,000 feet below. (b) Cancellation. When a flight plan feet above the 1,000 feet above. surface and at 1 statute mile has been activated, the pilot in com- or above horizontal. mand, upon canceling or completing 10,000 feet the flight under the flight plan, shall MSL. notify an FAA Flight Service Station or ATC facility. (b) Class G Airspace. Notwithstanding the provisions of paragraph (a) of this § 91.155 Basic VFR weather minimums. section, the following operations may (a) Except as provided in paragraph be conducted in Class G airspace below (b) of this section and § 91.157, no per- 1,200 feet above the surface: son may operate an aircraft under VFR (1) Helicopter. A helicopter may be op- when the flight visibility is less, or at erated clear of clouds if operated at a a distance from clouds that is less, speed that allows the pilot adequate than that prescribed for the cor- opportunity to see any air traffic or ob- responding altitude and class of air- struction in time to avoid a collision. space in the following table: (2) Airplane. When the visibility is less than 3 statute miles but not less Airspace Flight visibility Distance from than 1 statute mile during night hours, clouds an airplane may be operated clear of Class A ...... Not Applicable ...... Not Applicable. clouds if operated in an airport traffic Class B ...... 3 statute miles ...... Clear of Clouds. pattern within one-half mile of the Class C ...... 3 statute miles ...... 500 feet below. runway. 1,000 feet above. 2,000 feet hori- (c) Except as provided in § 91.157, no zontal. person may operate an aircraft beneath Class D ...... 3 statute miles ...... 500 feet below. the ceiling under VFR within the lat- 1,000 feet above. 2,000 feet hori- eral boundaries of controlled airspace zontal. designated to the surface for an airport Class E: when the ceiling is less than 1,000 feet. Less than 3 statute miles ...... 500 feet below. (d) Except as provided in § 91.157 of 10,000 feet 1,000 feet above. MSL. 2,000 feet hori- this part, no person may take off or zontal land an aircraft, or enter the traffic At or above 5 statute miles ...... 1,000 feet below. pattern of an airport, under VFR, with- 10,000 feet 1,000 feet above. MSL. 1 statute mile in the lateral boundaries of the surface horizontal. areas of Class B, Class C, Class D, or Class G: Class E airspace designated for an air- 1,200 feet or port— less above the surface (1) Unless ground visibility at that (regardless airport is at least 3 statute miles; or of MSL alti- (2) If ground visibility is not reported tude). Day, except as 1 statute mile ...... Clear of clouds. at that airport, unless flight visibility provided in during landing or takeoff, or while op- § 91.155(b). erating in the traffic pattern is at least Night, except as 3 statute miles ...... 500 feet below. 3 statute miles. provided in 1,000 feet above. § 91.155(b). 2,000 feet hori- (e) For the purpose of this section, an zontal. aircraft operating at the base altitude
199
VerDate 27
of a Class E airspace area is considered (1) On a magnetic course of zero de- to be within the airspace directly grees through 179 degrees, any odd below that area. thousand foot MSL altitude +500 feet [Doc. No. 24458, 56 FR 65660, Dec. 17, 1991, as (such as 3,500, 5,500, or 7,500); or amended by Amdt. 91–235, 58 FR 51968, Oct. 5, (2) On a magnetic course of 180 de- 1993] grees through 359 degrees, any even thousand foot MSL altitude +500 feet § 91.157 Special VFR weather mini- (such as 4,500, 6,500, or 8,500). mums. (b) When operating above 18,000 feet (a) Except as provided in appendix D, MSL to flight level 290 (inclusive) section 3, of this part, special VFR op- and— erations may be conducted under the (1) On a magnetic course of zero de- weather minimums and requirements grees through 179 degrees, any odd of this section, instead of those con- flight level +500 feet (such as 195, 215, tained in § 91.155, below 10,000 feet MSL or 235); or within the airspace contained by the (2) On a magnetic course of 180 de- upward extension of the lateral bound- grees through 359 degrees, any even aries of the controlled airspace des- flight level +500 feet (such as 185, 205, ignated to the surface for an airport. or 225). (b) Special VFR operations may only (c) When operating above flight level be conducted— 290 and— (1) With an ATC clearance; (1) On a magnetic course of zero de- (2) Clear of clouds; (3) Except for helicopters, when flight grees through 179 degrees, any flight visibility is at least 1 statute mile; and level, at 4,000-foot intervals, beginning (4) Except for helicopters, between at and including flight level 300 (such sunrise and sunset (or in Alaska, when as flight level 300, 340, or 380); or the sun is 6 degrees or more below the (2) On a magnetic course of 180 de- horizon) unless— grees through 359 degrees, any flight (i) The person being granted the ATC level, at 4,000-foot intervals, beginning clearance meets the applicable require- at and including flight level 320 (such ments for instrument flight under part as flight level 320, 360, or 400). 61 of this chapter; and (ii) The aircraft is equipped as re- §§ 91.161—91.165 [Reserved] quired in § 91.205(d). INSTRUMENT FLIGHT RULES (c) No person may take off or land an aircraft (other than a helicopter) under § 91.167 Fuel requirements for flight in special VFR— IFR conditions. (1) Unless ground visibility is at least 1 statute mile; or (a) Except as provided in paragraph (2) If ground visibility is not re- (b) of this section, no person may oper- ported, unless flight visibility is at ate a civil aircraft in IFR conditions least 1 statute mile. unless it carries enough fuel (consider- ing weather reports and forecasts and [Amdt. 91–235, 58 FR 51968, Oct. 5, 1993, as weather conditions) to— amended by Amdt. 91–247, 60 FR 66874, Dec. (1) Complete the flight to the first 27, 1995] airport of intended landing; § 91.159 VFR cruising altitude or flight (2) Fly from that airport to the alter- level. nate airport; and Except while holding in a holding (3) Fly after that for 45 minutes at pattern of 2 minutes or less, or while normal cruising speed or, for heli- turning, each person operating an air- copters, fly after that for 30 minutes at craft under VFR in level cruising flight normal cruising speed. more than 3,000 feet above the surface (b) Paragraph (a)(2) of this section shall maintain the appropriate altitude does not apply if— or flight level prescribed below, unless (1) Part 97 of this chapter prescribes otherwise authorized by ATC: a standard instrument approach proce- (a) When operating below 18,000 feet dure for the first airport of intended MSL and— landing; and
200
VerDate 27
(2) For at least 1 hour before and 1 (2) If no instrument approach proce- hour after the estimated time of arriv- dure has been published in part 97 of al at the airport, the weather reports this chapter for that airport, the ceil- or forecasts or any combination of ing and visibility minimums are those them indicate— allowing descent from the MEA, ap- (i) The ceiling will be at least 2,000 proach, and landing under basic VFR. feet above the airport elevation; and (d) Cancellation. When a flight plan (ii) Visibility will be at least 3 stat- has been activated, the pilot in com- ute miles. mand, upon canceling or completing the flight under the flight plan, shall § 91.169 IFR flight plan: Information notify an FAA Flight Service Station required. or ATC facility. (a) Information required. Unless other- wise authorized by ATC, each person § 91.171 VOR equipment check for IFR filing an IFR flight plan shall include operations. in it the following information: (a) No person may operate a civil air- (1) Information required under craft under IFR using the VOR system § 91.153(a). of radio navigation unless the VOR (2) An alternate airport, except as equipment of that aircraft— provided in paragraph (b) of this sec- (1) Is maintained, checked, and in- tion. spected under an approved procedure; (b) Exceptions to applicability of para- or graph (a)(2) of this section. Paragraph (2) Has been operationally checked (a)(2) of this section does not apply if within the preceding 30 days, and was part 97 of this chapter prescribes a found to be within the limits of the standard instrument approach proce- permissible indicated bearing error set dure for the first airport of intended forth in paragraph (b) or (c) of this sec- landing and, for at least 1 hour before tion. and 1 hour after the estimated time of (b) Except as provided in paragraph arrival, the weather reports or fore- (c) of this section, each person conduct- casts, or any combination of them, in- ing a VOR check under paragraph (a)(2) dicate— of this section shall— (1) The ceiling will be at least 2,000 (1) Use, at the airport of intended de- feet above the airport elevation; and parture, an FAA-operated or approved (2) The visibility will be at least 3 test signal or a test signal radiated by statute miles. a certificated and appropriately rated (c) IFR alternate airport weather mini- radio repair station or, outside the mums. Unless otherwise authorized by United States, a test signal operated or the Administrator, no person may in- approved by an appropriate authority clude an alternate airport in an IFR to check the VOR equipment (the max- flight plan unless current weather fore- imum permissible indicated bearing casts indicate that, at the estimated error is plus or minus 4 degrees); or time of arrival at the alternate airport, (2) Use, at the airport of intended de- the ceiling and visibility at that air- parture, a point on the airport surface port will be at or above the following designated as a VOR system check- alternate airport weather minimums: point by the Administrator, or, outside (1) If an instrument approach proce- the United States, by an appropriate dure has been published in part 97 of authority (the maximum permissible this chapter for that airport, the alter- bearing error is plus or minus 4 de- nate airport minimums specified in grees); that procedure or, if none are so speci- (3) If neither a test signal nor a des- fied, the following minimums: ignated checkpoint on the surface is (i) Precision approach procedure: available, use an airborne checkpoint Ceiling 600 feet and visibility 2 statute designated by the Adninistrator or, miles. outside the United States, by an appro- (ii) Nonprecision approach procedure: priate authority (the maximum per- Ceiling 800 feet and visibility 2 statute missible bearing error is plus or minus miles. 6 degrees); or
201
VerDate 27
(4) If no check signal or point is § 91.175 Takeoff and landing under available, while in flight— IFR. (i) Select a VOR radial that lies (a) Instrument approaches to civil air- along the centerline of an established ports. VOR airway; Unless otherwise authorized by the (ii) Select a prominent ground point Administrator, when an instrument along the selected radial preferably letdown to a civil airport is necessary, more than 20 nautical miles from the each person operating an aircraft, ex- VOR ground facility and maneuver the cept a military aircraft of the United aircraft directly over the point at a States, shall use a standard instrument reasonably low altitude; and approach procedure prescribed for the (iii) Note the VOR bearing indicated airport in part 97 of this chapter. (b) Authorized DH or MDA. For the by the receiver when over the ground purpose of this section, when the ap- point (the maximum permissible vari- proach procedure being used provides ation between the published radial and for and requires the use of a DH or the indicated bearing is 6 degrees). MDA, the authorized DH or MDA is the (c) If dual system VOR (units inde- highest of the following: pendent of each other except for the (1) The DH or MDA prescribed by the antenna) is installed in the aircraft, approach procedure. the person checking the equipment (2) The DH or MDA prescribed for the may check one system against the pilot in command. other in place of the check procedures (3) The DH or MDA for which the air- specified in paragraph (b) of this sec- craft is equipped. tion. Both systems shall be tuned to (c) Operation below DH or MDA. the same VOR ground facility and note Where a DH or MDA is applicable, no the indicated bearings to that station. pilot may operate an aircraft, except a The maximum permissible variation military aircraft of the United States, between the two indicated bearings is 4 at any airport below the authorized degrees. MDA or continue an approach below (d) Each person making the VOR the authorized DH unless— (1) The aircraft is continuously in a operational check, as specified in para- position from which a descent to a graph (b) or (c) of this section, shall landing on the intended runway can be enter the date, place, bearing error, made at a normal rate of descent using and sign the aircraft log or other normal maneuvers, and for operations record. In addition, if a test signal ra- conducted under part 121 or part 135 un- diated by a repair station, as specified less that descent rate will allow touch- in paragraph (b)(1) of this section, is down to occur within the touchdown used, an entry must be made in the air- zone of the runway of intended landing; craft log or other record by the repair (2) The flight visibility is not less station certificate holder or the certifi- than the visibility prescribed in the cate holder’s representative certifying standard instrument approach being to the bearing transmitted by the re- used; and pair station for the check and the date (3) Except for a Category II or Cat- of transmission. egory III approach where any necessary visual reference requirements are spec- (Approved by the Office of Management and ified by the Administrator, at least one Budget under control number 2120–0005) of the following visual references for the intended runway is distinctly visi- § 91.173 ATC clearance and flight plan ble and identifiable to the pilot: required. (i) The approach light system, except No person may operate an aircraft in that the pilot may not descend below controlled airspace under IFR unless 100 feet above the touchdown zone ele- that person has— vation using the approach lights as a (a) Filed an IFR flight plan; and reference unless the red terminating bars or the red side row bars are also (b) Received an appropriate ATC distinctly visible and identifiable. clearance. (ii) The threshold.
202
VerDate 27
(iii) The threshold markings. (2) For aircraft having more than two (iv) The threshold lights. engines—1⁄2 statute mile visibility. (v) The runway end identifier lights. (3) For helicopters—1⁄2 statute mile (vi) The visual approach slope indica- visibility. tor. (g) Military airports. Unless otherwise (vii) The touchdown zone or touch- prescribed by the Administrator, each down zone markings. person operating a civil aircraft under (viii) The touchdown zone lights. IFR into or out of a military airport (ix) The runway or runway markings. shall comply with the instrument ap- (x) The runway lights. proach procedures and the takeoff and (d) Landing. No pilot operating an landing minimum prescribed by the aircraft, except a military aircraft of military authority having jurisdiction the United States, may land that air- of that airport. craft when the flight visibility is less (h) Comparable values of RVR and than the visibility prescribed in the ground visibility. (1) Except for Category standard instrument approach proce- II or Category III minimums, if RVR dure being used. minimums for takeoff or landing are (e) Missed approach procedures. Each prescribed in an instrument approach pilot operating an aircraft, except a procedure, but RVR is not reported for military aircraft of the United States, the runway of intended operation, the shall immediately execute an appro- RVR minimum shall be converted to priate missed approach procedure when ground visibility in accordance with either of the following conditions exist: the table in paragraph (h)(2) of this sec- (1) Whenever the requirements of tion and shall be the visibility mini- paragraph (c) of this section are not mum for takeoff or landing on that met at either of the following times: runway. (i) When the aircraft is being oper- (2) ated below MDA; or (ii) Upon arrival at the missed ap- Visibility RVR (feet) (statute proach point, including a DH where a miles) DH is specified and its use is required, and at any time after that until touch- 1,600 ...... 1¤4 1 down. 2,400 ...... ¤2 3,200 ...... 5¤8 (2) Whenever an identifiable part of 4,000 ...... 3¤4 the airport is not distinctly visible to 4,500 ...... 7¤8 the pilot during a circling maneuver at 5,000 ...... 1 or above MDA, unless the inability to 6,000 ...... 11¤4 see an identifiable part of the airport results only from a normal bank of the (i) Operations on unpublished routes aircraft during the circling approach. and use of radar in instrument approach (f) Civil airport takeoff minimums. Un- procedures. When radar is approved at less otherwise authorized by the Ad- certain locations for ATC purposes, it ministrator, no pilot operating an air- may be used not only for surveillance craft under parts 121, 125, 127, 129, or 135 and precision radar approaches, as ap- of this chapter may take off from a plicable, but also may be used in con- civil airport under IFR unless weather junction with instrument approach conditions are at or above the weather procedures predicated on other types of minimum for IFR takeoff prescribed radio navigational aids. Radar vectors for that airport under part 97 of this may be authorized to provide course chapter. If takeoff minimums are not guidance through the segments of an prescribed under part 97 of this chapter approach to the final course or fix. for a particular airport, the following When operating on an unpublished minimums apply to takeoffs under IFR route or while being radar vectored, for aircraft operating under those the pilot, when an approach clearance parts: is received, shall, in addition to com- (1) For aircraft, other than heli- plying with § 91.177, maintain the last copters, having two engines or less—1 altitude assigned to that pilot until the statute mile visibility. aircraft is established on a segment of
203
VerDate 27
a published route or instrument ap- (ii) In any other case, an altitude of proach procedure unless a different al- 1,000 feet above the highest obstacle titude is assigned by ATC. After the within a horizontal distance of 4 nau- aircraft is so established, published al- tical miles from the course to be flown. titudes apply to descent within each However, if both a MEA and a MOCA succeeding route or approach segment are prescribed for a particular route or unless a different altitude is assigned route segment, a person may operate by ATC. Upon reaching the final ap- an aircraft below the MEA down to, proach course or fix, the pilot may ei- but not below, the MOCA, when within ther complete the instrument approach 22 nautical miles of the VOR concerned in accordance with a procedure ap- (based on the pilot’s reasonable esti- proved for the facility or continue a mate of that distance). surveillance or precision radar ap- (b) Climb. Climb to a higher minimum proach to a landing. IFR altitude shall begin immediately (j) Limitation on procedure turns. In after passing the point beyond which the case of a radar vector to a final ap- that minimum altitude applies, except proach course or fix, a timed approach that when ground obstructions inter- from a holding fix, or an approach for vene, the point beyond which that which the procedure specifies ‘‘No PT,’’ higher minimum altitude applies shall no pilot may make a procedure turn be crossed at or above the applicable unless cleared to do so by ATC. MCA. (k) ILS components. The basic ground components of an ILS are the localizer, § 91.179 IFR cruising altitude or flight glide slope, outer marker, middle level. marker, and, when installed for use (a) In controlled airspace. Each person with Category II or Category III instru- operating an aircraft under IFR in ment approach procedures, an inner level cruising flight in controlled air- marker. A compass locator or precision space shall maintain the altitude or radar may be substituted for the outer flight level assigned that aircraft by or middle marker. DME, VOR, or non- ATC. However, if the ATC clearance as- directional beacon fixes authorized in signs ‘‘VFR conditions on-top,’’ that the standard instrument approach pro- person shall maintain an altitude or cedure or surveillance radar may be flight level as prescribed by § 91.159. substituted for the outer marker. Ap- (b) In uncontrolled airspace. Except plicability of, and substitution for, the while in a holding pattern of 2 minutes inner marker for Category II or III ap- or less or while turning, each person proaches is determined by the appro- operating an aircraft under IFR in priate part 97 approach procedure, let- level cruising flight in uncontrolled ter of authorization, or operations airspace shall maintain an appropriate specification pertinent to the oper- altitude as follows: ations. (1) When operating below 18,000 feet MSL and— § 91.177 Minimum altitudes for IFR op- (i) On a magnetic course of zero de- erations. grees through 179 degrees, any odd (a) Operation of aircraft at minimum al- thousand foot MSL altitude (such as titudes. Except when necessary for 3,000, 5,000, or 7,000); or takeoff or landing, no person may oper- (ii) On a magnetic course of 180 de- ate an aircraft under IFR below— grees through 359 degrees, any even (1) The applicable minimum altitudes thousand foot MSL altitude (such as prescribed in parts 95 and 97 of this 2,000, 4,000, or 6,000). chapter; 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 those parts— and— (i) In the case of operations over an (i) On a magnetic course of zero de- area designated as a mountainous area grees through 179 degrees, any odd in part 95, an altitude of 2,000 feet flight level (such as 190, 210, or 230); or above the highest obstacle within a (ii) On a magnetic course of 180 de- horizontal distance of 4 nautical miles grees through 359 degrees, any even from the course to be flown; or flight level (such as 180, 200, or 220).
204
VerDate 27
(3) When operating at flight level 290 ditions are encountered after the fail- and above, and— ure, each pilot shall continue the flight (i) On a magnetic course of zero de- under VFR and land as soon as prac- grees through 179 degrees, any flight ticable. level, at 4,000-foot intervals, beginning (c) IFR conditions. If the failure oc- at and including flight level 290 (such curs in IFR conditions, or if paragraph as flight level 290, 330, or 370); or (b) of this section cannot be complied (ii) On a magnetic course of 180 de- with, each pilot shall continue the grees through 359 degrees, any flight flight according to the following: level, at 4,000-foot intervals, beginning (1) Route. (i) By the route assigned in at and including flight level 310 (such the last ATC clearance received; as flight level 310, 350, or 390). (ii) If being radar vectored, by the di- § 91.181 Course to be flown. rect route from the point of radio fail- ure to the fix, route, or airway speci- Unless otherwise authorized by ATC, fied in the vector clearance; no person may operate an aircraft within controlled airspace under IFR (iii) In the absence of an assigned except as follows: route, by the route that ATC has ad- (a) On a Federal airway, along the vised may be expected in a further centerline of that airway. clearance; or (b) On any other route, along the di- (iv) In the absence of an assigned rect course between the navigational route or a route that ATC has advised aids or fixes defining that route. How- may be expected in a further clearance, ever, this section does not prohibit ma- by the route filed in the flight plan. neuvering the aircraft to pass well (2) Altitude. At the highest of the fol- clear of other air traffic or the maneu- lowing altitudes or flight levels for the vering of the aircraft in VFR condi- route segment being flown: tions to clear the intended flight path (i) The altitude or flight level as- both before and during climb or de- signed in the last ATC clearance re- scent. ceived; (ii) The minimum altitude (con- § 91.183 IFR radio communications. verted, if appropriate, to minimum The pilot in command of each air- flight level as prescribed in § 91.121(c)) craft operated under IFR in controlled for IFR operations; or airspace shall have a continuous watch (iii) The altitude or flight level ATC maintained on the appropriate fre- has advised may be expected in a fur- quency and shall report by radio as ther clearance. soon as possible— (3) Leave clearance limit. (i) When the (a) The time and altitude of passing clearance limit is a fix from which an each designated reporting point, or the approach begins, commence descent or reporting points specified by ATC, ex- descent and approach as close as pos- cept that while the aircraft is under sible to the expect-further-clearance radar control, only the passing of those time if one has been received, or if one reporting points specifically requested by ATC need be reported; has not been received, as close as pos- (b) Any unforecast weather condi- sible to the estimated time of arrival tions encountered; and as calculated from the filed or amended (c) Any other information relating to (with ATC) estimated time en route. the safety of flight. (ii) If the clearance limit is not a fix from which an approach begins, leave § 91.185 IFR operations: Two-way the clearance limit at the expect-fur- radio communications failure. ther-clearance time if one has been re- (a) General. Unless otherwise author- ceived, or if none has been received, ized by ATC, each pilot who has two- upon arrival over the clearance limit, way radio communications failure and proceed to a fix from which an ap- when operating under IFR shall comply proach begins and commence descent with the rules of this section. or descent and approach as close as (b) VFR conditions. If the failure oc- possible to the estimated time of arriv- curs in VFR conditions, or if VFR con- al as calculated from the filed or
205
VerDate 27
amended (with ATC) estimated time en (2) The DH prescribed for the pilot in route. command. (3) The DH for which the aircraft is [Doc. No. 18334, 54 FR 34294, Aug. 18, 1989; Amdt. 91–211, 54 FR 41211, Oct. 5, 1989] equipped. (d) Unless otherwise authorized by § 91.187 Operation under IFR in con- the Administrator, no pilot operating trolled airspace: Malfunction re- an aircraft in a Category II or Category ports. III approach that provides and requires (a) The pilot in command of each air- use of a DH may continue the approach craft operated in controlled airspace below the authorized decision height under IFR shall report as soon as prac- unless the following conditions are tical to ATC any malfunctions of navi- met: gational, approach, or communication (1) The aircraft is in a position from equipment occurring in flight. which a descent to a landing on the in- (b) In each report required by para- tended runway can be made at a nor- graph (a) of this section, the pilot in mal rate of descent using normal ma- command shall include the— neuvers, and where that descent rate (1) Aircraft identification; will allow touchdown to occur within (2) Equipment affected; the touchdown zone of the runway of (3) Degree to which the capability of intended landing. the pilot to operate under IFR in the (2) At least one of the following vis- ATC system is impaired; and ual references for the intended runway (4) Nature and extent of assistance is distinctly visible and identifiable to desired from ATC. the pilot: (i) The approach light system, except § 91.189 Category II and III operations: that the pilot may not descend below General operating rules. 100 feet above the touchdown zone ele- (a) No person may operate a civil air- vation using the approach lights as a craft in a Category II or III operation reference unless the red terminating unless— bars or the red side row bars are also (1) The flight crew of the aircraft distinctly visible and identifiable. consists of a pilot in command and a (ii) The threshold. second in command who hold the ap- (iii) The threshold markings. propriate authorizations and ratings (iv) The threshold lights. prescribed in § 61.3 of this chapter; (v) The touchdown zone or touch- (2) Each flight crewmember has ade- down zone markings. quate knowledge of, and familiarity (vi) The touchdown zone lights. with, the aircraft and the procedures to (e) Unless otherwise authorized by be used; and the Administrator, each pilot operat- (3) The instrument panel in front of ing an aircraft shall immediately exe- the pilot who is controlling the aircraft cute an appropriate missed approach has appropriate instrumentation for whenever, prior to touchdown, the re- the type of flight control guidance sys- quirements of paragraph (d) of this sec- tem that is being used. tion are not met. (b) Unless otherwise authorized by (f) No person operating an aircraft the Administrator, no person may op- using a Category III approach without erate a civil aircraft in a Category II or decision height may land that aircraft Category III operation unless each except in accordance with the provi- ground component required for that op- sions of the letter of authorization eration and the related airborne equip- issued by the Administrator. ment is installed and operating. (g) Paragraphs (a) through (f) of this (c) Authorized DH. For the purpose of section do not apply to operations con- this section, when the approach proce- ducted by the holders of certificates dure being used provides for and re- issued under part 121, 125, 129, or 135 of quires the use of a DH, the authorized this chapter. No person may operate a DH is the highest of the following: civil aircraft in a Category II or Cat- (1) The DH prescribed by the ap- egory III operation conducted by the proach procedure. holder of a certificate issued under part
206
VerDate 27
121, 125, 129, or 135 of this chapter un- §§ 91.195—91.199 [Reserved] less the operation is conducted in ac- cordance with that certificate holder’s Subpart C—Equipment, Instru- operations specifications. ment, and Certificate Re- § 91.191 Category II and Category III quirements manual. (a) Except as provided in paragraph SOURCE: Docket No. 18334, 54 FR 34304, Aug. 18, 1989, unless otherwise noted. (c) of this section, after August 4, 1997, no person may operate a U.S.-reg- § 91.201 [Reserved] istered civil aircraft in a Category II or a Category III operation unless— § 91.203 Civil aircraft: Certifications (1) There is available in the aircraft a required. current and approved Category II or (a) Except as provided in § 91.715, no Category III manual, as appropriate, person may operate a civil aircraft un- for that aircraft; less it has within it the following: (2) The operation is conducted in ac- (1) An appropriate and current air- cordance with the procedures, instruc- worthiness certificate. Each U.S. air- tions, and limitations in the appro- worthiness certificate used to comply priate manual; and with this subparagraph (except a spe- (3) The instruments and equipment cial flight permit, a copy of the appli- listed in the manual that are required cable operations specifications issued for a particular Category II or Cat- under § 21.197(c) of this chapter, appro- egory III operation have been inspected priate sections of the air carrier man- and maintained in accordance with the ual required by parts 121 and 135 of this maintenance program contained in the chapter containing that portion of the manual. operations specifications issued under (b) Each operator must keep a cur- § 21.197(c), or an authorization under § 91.611) must have on it the registra- rent copy of each approved manual at tion number assigned to the aircraft its principal base of operations and under part 47 of this chapter. However, must make each manual available for the airworthiness certificate need not inspection upon request by the Admin- have on it an assigned special identi- istrator. fication number before 10 days after (c) This section does not apply to op- that number is first affixed to the air- erations conducted by a holder of a cer- craft. A revised airworthiness certifi- tificate issued under part 121 or part cate having on it an assigned special 135 of this chapter. identification number, that has been affixed to an aircraft, may only be ob- [Doc. No. 26933, 61 FR 34560, July 2, 1996] tained upon application to an FAA § 91.193 Certificate of authorization Flight Standards district office. for certain Category II operations. (2) An effective U.S. registration cer- tificate issued to its owner or, for oper- The Administrator may issue a cer- ation within the United States, the tificate of authorization authorizing second duplicate copy (pink) of the Air- deviations from the requirements of craft Registration Application as pro- §§ 91.189, 91.191, and 91.205(f) for the op- vided for in § 47.31(b), or a registration eration of small aircraft identified as certificate issued under the laws of a Category A aircraft in § 97.3 of this foreign country. chapter in Category II operations if the (b) No person may operate a civil air- Administrator finds that the proposed craft unless the airworthiness certifi- operation can be safely conducted cate required by paragraph (a) of this under the terms of the certificate. section or a special flight authoriza- Such authorization does not permit op- tion issued under § 91.715 is displayed at eration of the aircraft carrying persons the cabin or cockpit entrance so that it or property for compensation or hire. is legible to passengers or crew.
207
VerDate 27
(c) No person may operate an aircraft anticollision light system. In the event with a fuel tank installed within the of failure of any light of the anti- passenger compartment or a baggage collision light system, operation of the compartment unless the installation aircraft may continue to a location was accomplished pursuant to part 43 where repairs or replacement can be of this chapter, and a copy of FAA made. Form 337 authorizing that installation (12) If the aircraft is operated for hire is on board the aircraft. over water and beyond power-off glid- (d) No person may operate a civil air- ing distance from shore, approved flo- plane (domestic or foreign) into or out tation gear readily available to each of an airport in the United States un- occupant and at least one pyrotechnic less it complies with the fuel venting signaling device. As used in this sec- and exhaust emissions requirements of tion, ‘‘shore’’ means that area of the part 34 of this chapter. land adjacent to the water which is above the high water mark and ex- [Doc. No. 18334, 54 FR 34292, Aug. 18, 1989, as amended by Amdt. 91–218, 55 FR 32861, Aug. cludes land areas which are intermit- 10, 1990] tently under water. (13) An approved safety belt with an § 91.205 Powered civil aircraft with approved metal-to-metal latching de- standard category U.S. airworthi- vice for each occupant 2 years of age or ness certificates: Instrument and older. equipment requirements. (14) For small civil airplanes manu- (a) General. Except as provided in factured after July 18, 1978, an ap- paragraphs (c)(3) and (e) of this section, proved shoulder harness for each front no person may operate a powered civil seat. The shoulder harness must be de- aircraft with a standard category U.S. signed to protect the occupant from se- airworthiness certificate in any oper- rious head injury when the occupant ation described in paragraphs (b) experiences the ultimate inertia forces through (f) of this section unless that specified in § 23.561(b)(2) of this chapter. aircraft contains the instruments and Each shoulder harness installed at a equipment specified in those para- flight crewmember station must per- graphs (or FAA-approved equivalents) mit the crewmember, when seated and for that type of operation, and those with the safety belt and shoulder har- instruments and items of equipment ness fastened, to perform all functions are in operable condition. necessary for flight operations. For (b) Visual-flight rules (day). For VFR purposes of this paragraph— flight during the day, the following in- (i) The date of manufacture of an air- struments and equipment are required: plane is the date the inspection accept- (1) Airspeed indicator. ance records reflect that the airplane is (2) Altimeter. complete and meets the FAA-approved (3) Magnetic direction indicator. type design data; and (4) Tachometer for each engine. (ii) A front seat is a seat located at a (5) Oil pressure gauge for each engine flight crewmember station or any seat using pressure system. located alongside such a seat. (6) Temperature gauge for each liq- (15) An emergency locator transmit- uid-cooled engine. ter, if required by § 91.207. (7) Oil temperature gauge for each (16) For normal, utility, and acro- air-cooled engine. batic category airplanes with a seating (8) Manifold pressure gauge for each configuration, excluding pilot seats, of altitude engine. 9 or less, manufactured after December (9) Fuel gauge indicating the quan- 12, 1986, a shoulder harness for— tity of fuel in each tank. (i) Each front seat that meets the re- (10) Landing gear position indicator, quirements of § 23.785 (g) and (h) of this if the aircraft has a retractable landing chapter in effect on December 12, 1985; gear. (ii) Each additional seat that meets (11) For small civil airplanes certifi- the requirements of § 23.785(g) of this cated after March 11, 1996, in accord- chapter in effect on December 12, 1985. ance with part 23 of this chapter, an (17) For rotorcraft manufactured approved aviation red or aviation white after September 16, 1992, a shoulder
208
VerDate 27
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 indica- on all U.S.-registered civil aircraft. tor (artificial horizon). Anticollision light systems initially in- (9) Gyroscopic direction indicator (di- stalled after August 11, 1971, on aircraft rectional gyro or equivalent). for which a type certificate was issued (e) Flight at and above 24,000 ft. MSL or applied for before August 11, 1971, (FL 240). If VOR navigational equip- must at least meet the anticollision ment is required under paragraph (d)(2) light standards of part 23, 25, 27, or 29 of this section, no person may operate of this chapter, as applicable, that were a U.S.-registered civil aircraft within in effect on August 10, 1971, except that the 50 states and the District of Colum- the color may be either aviation red or bia at or above FL 240 unless that air- aviation white. In the event of failure craft is equipped with approved dis- of any light of the anticollision light tance measuring equipment (DME). system, operations with the aircraft When DME required by this paragraph may be continued to a stop where re- fails at and above FL 240, the pilot in pairs or replacement can be made. command of the aircraft shall notify (4) If the aircraft is operated for hire, ATC immediately, and then may con- one electric landing light. tinue operations at and above FL 240 to (5) An adequate source of electrical the next airport of intended landing at energy for all installed electrical and which repairs or replacement of the radio equipment. equipment can be made. (6) One spare set of fuses, or three (f) Category II operations. The require- spare fuses of each kind required, that ments for Category II operations are are accessible to the pilot in flight. the instruments and equipment speci- (d) Instrument flight rules. For IFR fied in— flight, the following instruments and (1) Paragraph (d) of this section; and equipment are required: (2) Appendix A to this part. (1) Instruments and equipment speci- (g) Category III operations. The instru- fied in paragraph (b) of this section, ments and equipment required for Cat- and, for night flight, instruments and egory III operations are specified in equipment specified in paragraph (c) of paragraph (d) of this section. this section. (h) Exclusions. Paragraphs (f) and (g) (2) Two-way radio communications of this section do not apply to oper- system and navigational equipment ap- ations conducted by a holder of a cer- propriate to the ground facilities to be tificate issued under part 121 or part used. 135 of this chapter. (3) Gyroscopic rate-of-turn indicator, except on the following aircraft: [Doc. No. 18334, 54 FR 34292, Aug. 18, 1989, as amended by Amdt. 91–220, 55 FR 43310, Oct. (i) Airplanes with a third attitude in- 26, 1990; Amdt. 91–223, 56 FR 41052, Aug. 16, strument system usable through flight 1991; Amdt. 91–231, 57 FR 42672, Sept. 15, 1992; attitudes of 360 degrees of pitch and Amdt. 91–248, 61 FR 5171, Feb. 9, 1996; Amdt. roll and installed in accordance with 91–251, 61 FR 34560, July 2, 1996] the instrument requirements pre- scribed in § 121.305(j) of this chapter; § 91.207 Emergency locator transmit- and ters. (ii) Rotorcraft with a third attitude (a) Except as provided in paragraphs instrument system usable through (e) and (f) of this section, no person flight attitudes of ±80 degrees of pitch may operate a U.S.-registered civil air- and ±120 degrees of roll and installed in plane unless—
209
VerDate 27
(1) There is attached to the airplane (d) Each emergency locator transmit- an approved automatic type emergency ter required by paragraph (a) of this locator transmitter that is in operable section must be inspected within 12 condition for the following operations, calendar months after the last inspec- except that after June 21, 1995, an tion for— emergency locator transmitter that (1) Proper installation; meets the requirements of TSO-C91 (2) Battery corrosion; may not be used for new installations: (3) Operation of the controls and (i) Those operations governed by the crash sensor; and supplemental air carrier and commer- (4) The presence of a sufficient signal cial operator rules of parts 121 and 125; radiated from its antenna. (ii) Charter flights governed by the (e) Notwithstanding paragraph (a) of domestic and flag air carrier rules of this section, a person may— part 121 of this chapter; and (1) Ferry a newly acquired airplane (iii) Operations governed by part 135 from the place where possession of it of this chapter; or was taken to a place where the emer- (2) For operations other than those gency locator transmitter is to be in- specified in paragraph (a)(1) of this sec- stalled; and tion, there must be attached to the air- (2) Ferry an airplane with an inoper- plane an approved personal type or an ative emergency locator transmitter approved automatic type emergency from a place where repairs or replace- locator transmitter that is in operable ments cannot be made to a place where condition, except that after June 21, they can be made. 1995, an emergency locator transmitter No person other than required crew- that meets the requirements of TSO- members may be carried aboard an air- C91 may not be used for new installa- plane being ferried under paragraph (e) tions. of this section. (b) Each emergency locator transmit- (f) Paragraph (a) of this section does ter required by paragraph (a) of this not apply to— section must be attached to the air- (1) Turbojet-powered aircraft; plane in such a manner that the prob- (2) Aircraft while engaged in sched- ability of damage to the transmitter in uled flights by scheduled air carriers; the event of crash impact is minimized. (3) Aircraft while engaged in training Fixed and deployable automatic type operations conducted entirely within a transmitters must be attached to the 50-nautical mile radius of the airport airplane as far aft as practicable. from which such local flight operations (c) Batteries used in the emergency began; locator transmitters required by para- (4) Aircraft while engaged in flight graphs (a) and (b) of this section must operations incident to design and test- be replaced (or recharged, if the bat- ing; teries are rechargeable)— (5) New aircraft while engaged in (1) When the transmitter has been in flight operations incident to their man- use for more than 1 cumulative hour; ufacture, preparation, and delivery; or (6) Aircraft while engaged in flight (2) When 50 percent of their useful operations incident to the aerial appli- life (or, for rechargeable batteries, 50 cation of chemicals and other sub- percent of their useful life of charge) stances for agricultural purposes; has expired, as established by the (7) Aircraft certificated by the Ad- transmitter manufacturer under its ap- ministrator for research and develop- proval. ment purposes; The new expiration date for replacing (8) Aircraft while used for showing (or recharging) the battery must be compliance with regulations, crew legibly marked on the outside of the training, exhibition, air racing, or mar- transmitter and entered in the aircraft ket surveys; maintenance record. Paragraph (c)(2) (9) Aircraft equipped to carry not of this section does not apply to bat- more than one person; and teries (such as water-activated bat- (10) An aircraft during any period for teries) that are essentially unaffected which the transmitter has been tempo- during probable storage intervals. rarily removed for inspection, repair,
210
VerDate 27
modification, or replacement, subject and uses supplemental oxygen for that to the following: part of the flight at those altitudes (i) No person may operate the air- that is of more than 30 minutes dura- craft unless the aircraft records con- tion; tain an entry which includes the date (2) At cabin pressure altitudes above of initial removal, the make, model, se- 14,000 feet (MSL) unless the required rial number, and reason for removing minimum flight crew is provided with the transmitter, and a placard located and uses supplemental oxygen during in view of the pilot to show ‘‘ELT not the entire flight time at those alti- installed.’’ tudes; and (ii) No person may operate the air- (3) At cabin pressure altitudes above craft more than 90 days after the ELT 15,000 feet (MSL) unless each occupant is initially removed from the aircraft. of the aircraft is provided with supple- mental oxygen. [Doc. No. 18334, 54 FR 34304, Aug. 18, 1989, as amended by Amdt. 91–242, 59 FR 32057, June (b) Pressurized cabin aircraft. (1) No 21, 1994; 59 FR 34578, July 6, 1994] person may operate a civil aircraft of U.S. registry with a pressurized cabin— § 91.209 Aircraft lights. (i) At flight altitudes above flight No person may: level 250 unless at least a 10-minute (a) During the period from sunset to supply of supplemental oxygen, in addi- sunrise (or, in Alaska, during the pe- tion to any oxygen required to satisfy riod a prominent unlighted object can- paragraph (a) of this section, is avail- not be seen from a distance of 3 statute able for each occupant of the aircraft miles or the sun is more than 6 degrees for use in the event that a descent is below the horizon)— necessitated by loss of cabin pressur- (1) Operate an aircraft unless it has ization; and lighted position lights; (ii) At flight altitudes above flight (2) Park or move an aircraft in, or in level 350 unless one pilot at the con- dangerous proximity to, a night flight trols of the airplane is wearing and operations area of an airport unless the using an oxygen mask that is secured aircraft— and sealed and that either supplies ox- (i) Is clearly illuminated; ygen at all times or automatically sup- 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
211
VerDate 27
off an aircraft with inoperative instru- with that aircraft under this part with- ments or equipment installed unless out additional approval requirements. the following conditions are met: (d) Except for operations conducted (1) An approved Minimum Equipment in accordance with paragraph (a) or (c) List exists for that aircraft. of this section, a person may takeoff an (2) The aircraft has within it a letter aircraft in operations conducted under of authorization, issued by the FAA this part with inoperative instruments Flight Standards district office having and equipment without an approved jurisdiction over the area in which the Minimum Equipment List provided— operator is located, authorizing oper- (1) The flight operation is conducted ation of the aircraft under the Mini- in a— mum Equipment List. The letter of au- (i) Rotorcraft, nonturbine-powered thorization may be obtained by written airplane, glider, or lighter-than-air air- request of the airworthiness certificate craft for which a master Minimum holder. The Minimum Equipment List Equipment List has not been devel- and the letter of authorization con- oped; or stitute a supplemental type certificate (ii) Small rotorcraft, nonturbine- for the aircraft. powered small airplane, glider, or (3) The approved Minimum Equip- lighter-than-air aircraft for which a ment List must— Master Minimum Equipment List has (i) Be prepared in accordance with been developed; and the limitations specified in paragraph (2) The inoperative instruments and (b) of this section; and equipment are not— (ii) Provide for the operation of the (i) Part of the VFR-day type certifi- aircraft with the instruments and cation instruments and equipment pre- equipment in an inoperable condition. scribed in the applicable airworthiness (4) The aircraft records available to regulations under which the aircraft the pilot must include an entry de- was type certificated; scribing the inoperable instruments (ii) Indicated as required on the air- and equipment. craft’s equipment list, or on the Kinds (5) The aircraft is operated under all of Operations Equipment List for the applicable conditions and limitations kind of flight operation being con- contained in the Minimum Equipment ducted; List and the letter authorizing the use (iii) Required by § 91.205 or any other of the list. rule of this part for the specific kind of (b) The following instruments and flight operation being conducted; or equipment may not be included in a (iv) Required to be operational by an Minimum Equipment List: airworthiness directive; and (1) Instruments and equipment that (3) The inoperative instruments and are either specifically or otherwise re- equipment are— quired by the airworthiness require- (i) Removed from the aircraft, the ments under which the aircraft is type cockpit control placarded, and the certificated and which are essential for maintenance recorded in accordance safe operations under all operating with § 43.9 of this chapter; or conditions. (ii) Deactivated and placarded ‘‘Inop- (2) Instruments and equipment re- erative.’’ If deactivation of the inoper- quired by an airworthiness directive to ative instrument or equipment in- be in operable condition unless the air- volves maintenance, it must be accom- worthiness directive provides other- plished and recorded in accordance wise. with part 43 of this chapter; and (3) Instruments and equipment re- (4) A determination is made by a quired for specific operations by this pilot, who is certificated and appro- part. 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 part form maintenance on the aircraft, that 121, 125, or 135 of this chapter shall use the inoperative instrument or equip- that Minimum Equipment List in con- ment does not constitute a hazard to nection with operations conducted the aircraft.
212
VerDate 27
An aircraft with inoperative instru- with such a system installed, balloon ments or equipment as provided in or glider may conduct operations in paragraph (d) of this section is consid- the airspace within 30 nautical miles of ered to be in a properly altered condi- an airport listed in appendix D, section tion acceptable to the Administrator. 1 of this part provided such operations (e) Notwithstanding any other provi- are conducted— sion of this section, an aircraft with in- (i) Outside any Class A, Class B, or operable instruments or equipment Class C airspace area; and may be operated under a special flight (ii) Below the altitude of the ceiling permit issued in accordance with of a Class B or Class C airspace area §§ 21.197 and 21.199 of this chapter. designated for an airport or 10,000 feet MSL, whichever is lower; and § 91.215 ATC transponder and altitude (4) All aircraft in all airspace above reporting equipment and use. the ceiling and within the lateral (a) All airspace: U.S.-registered civil boundaries of a Class B or Class C air- aircraft. For operations not conducted space area designated for an airport up- under part 121, 127 or 135 of this chap- ward to 10,000 feet MSL; and ter, ATC transponder equipment in- (5) All aircraft except any aircraft stalled must meet the performance and which was not originally certificated environmental requirements of any with an engine-driven electrical sys- class of TSO–C74b (Mode A) or any tem or which has not subsequently class of TSO–C74c (Mode A with alti- been certified with such a system in- tude reporting capability) as appro- stalled, balloon, or glider—— priate, or the appropriate class of TSO– (i) In all airspace of the 48 contiguous C112 (Mode S). states and the District of Columbia at (b) All airspace. Unless otherwise au- and above 10,000 feet MSL, excluding thorized or directed by ATC, no person the airspace at and below 2,500 feet may operate an aircraft in the airspace above the surface; and described in paragraphs (b)(1) through (ii) In the airspace from the surface (b)(5) of this section, unless that air- to 10,000 feet MSL within a 10-nautical- craft is equipped with an operable mile radius of any airport listed in ap- coded radar beacon transponder having pendix D, section 2 of this part, exclud- either Mode 3/A 4096 code capability, ing the airspace below 1,200 feet outside replying to Mode 3/A interrogations of the lateral boundaries of the surface with the code specified by ATC, or a area of the airspace designated for that Mode S capability, replying to Mode 3/ airport. A interrogations with the code speci- (c) Transponder-on operation. While in fied by ATC and intermode and Mode S the airspace as specified in paragraph interrogations in accordance with the (b) of this section or in all controlled applicable provisions specified in TSO airspace, each person operating an air- C–112, and that aircraft is equipped craft equipped with an operable ATC with automatic pressure altitude re- transponder maintained in accordance porting equipment having a Mode C ca- with § 91.413 of this part shall operate pability that automatically replies to the transponder, including Mode C Mode C interrogations by transmitting equipment if installed, and shall reply pressure altitude information in 100- on the appropriate code or as assigned foot increments. This requirement ap- by ATC. plies— (d) ATC authorized deviations. Re- (1) All aircraft. In Class A, Class B, quests for ATC authorized deviations and Class C airspace areas; must be made to the ATC facility hav- (2) All aircraft. In all airspace within ing jurisdiction over the concerned air- 30 nautical miles of an airport listed in space within the time periods specified appendix D, section 1 of this part from as follows: the surface upward to 10,000 feet MSL; (1) For operation of an aircraft with (3) Notwithstanding paragraph (b)(2) an operating transponder but without of this section, any aircraft which was operating automatic pressure altitude not originally certificated with an en- reporting equipment having a Mode C gine-driven electrical system or which capability, the request may be made at has not subsequently been certified any time.
213
VerDate 27
(2) For operation of an aircraft with (1) Alert the pilot— an inoperative transponder to the air- (i) Upon approaching a preselected port of ultimate destination, including altitude in either ascent or descent, by any intermediate stops, or to proceed a sequence of both aural and visual sig- to a place where suitable repairs can be nals in sufficient time to establish made or both, the request may be made level flight at that preselected alti- at any time. tude; or (3) For operation of an aircraft that (ii) Upon approaching a preselected is not equipped with a transponder, the altitude in either ascent or descent, by request must be made at least one hour a sequence of visual signals in suffi- before the proposed operation. cient time to establish level flight at (Approved by the Office of Management and that preselected altitude, and when de- Budget under control number 2120–0005) viating above and below that preselected altitude, by an aural sig- [Doc. No. 18334, 54 FR 34304, Aug. 18, 1989, as nal; amended by Amdt. 91–221, 56 FR 469, Jan. 4, (2) Provide the required signals from 1991; Amdt. 91–227, 56 FR 65660, Dec. 17, 1991; sea level to the highest operating alti- Amdt. 91–227, 7 FR 328, Jan. 3, 1992; Amdt. 91– tude approved for the airplane in which 229, 57 FR 34618, Aug. 5, 1992] it is installed; § 91.217 Data correspondence between (3) Preselect altitudes in increments automatically reported pressure al- that are commensurate with the alti- titude data and the pilot’s altitude tudes at which the aircraft is operated; reference. (4) Be tested without special equip- No person may operate any auto- ment to determine proper operation of matic pressure altitude reporting the alerting signals; and equipment associated with a radar bea- (5) Accept necessary barometric pres- con transponder— sure settings if the system or device (a) When deactivation of that equip- operates on barometric pressure. How- ment is directed by ATC; ever, for operation below 3,000 feet (b) Unless, as installed, that equip- AGL, the system or device need only ment was tested and calibrated to provide one signal, either visual or transmit altitude data corresponding aural, to comply with this paragraph. within 125 feet (on a 95 percent prob- A radio altimeter may be included to ability basis) of the indicated or cali- provide the signal if the operator has brated datum of the altimeter nor- an approved procedure for its use to de- mally used to maintain flight altitude, termine DH or MDA, as appropriate. with that altimeter referenced to 29.92 (c) Each operator to which this sec- inches of mercury for altitudes from tion applies must establish and assign sea level to the maximum operating al- procedures for the use of the altitude titude of the aircraft; or alerting system or device and each (c) Unless the altimeters and flight crewmember must comply with digitizers in that equipment meet the those procedures assigned to him. standards of TSO–C10b and TSO–C88, (d) Paragraph (a) of this section does respectively. not apply to any operation of an air- plane that has an experimental certifi- § 91.219 Altitude alerting system or de- cate or to the operation of any airplane vice: Turbojet-powered civil air- for the following purposes: planes. (1) Ferrying a newly acquired air- (a) Except as provided in paragraph plane from the place where possession (d) of this section, no person may oper- of it was taken to a place where the al- ate a turbojet-powered U.S.-registered titude alerting system or device is to civil airplane unless that airplane is be installed. equipped with an approved altitude (2) Continuing a flight as originally alerting system or device that is in op- planned, if the altitude alerting system erable condition and meets the require- or device becomes inoperative after the ments of paragraph (b) of this section. airplane has taken off; however, the (b) Each altitude alerting system or flight may not depart from a place device required by paragraph (a) of this where repair or replacement can be section must be able to— made.
214
VerDate 27
(3) Ferrying an airplane with any in- (f) When flight visibility is less than operative altitude alerting system or 3 statute miles. device from a place where repairs or re- For the purposes of this section, aero- placements cannot be made to a place batic flight means an intentional ma- where it can be made. neuver involving an abrupt change in (4) Conducting an airworthiness an aircraft’s attitude, an abnormal at- flight test of the airplane. titude, or abnormal acceleration, not (5) Ferrying an airplane to a place necessary for normal flight. outside the United States for the pur- [Doc. No. 18834, 54 FR 34308, Aug. 18, 1989, as pose of registering it in a foreign coun- amended by Amdt. 91–227, 56 FR 65661, Dec. try. 17, 1991] (6) Conducting a sales demonstration of the operation of the airplane. § 91.305 Flight test areas. (7) Training foreign flight crews in No person may flight test an aircraft the operation of the airplane before except over open water, or sparsely ferrying it to a place outside the populated areas, having light air traf- United States for the purpose of reg- fic. istering it in a foreign country. § 91.307 Parachutes and parachuting. § 91.221 Traffic alert and collision avoidance system equipment and (a) No pilot of a civil aircraft may use. allow a parachute that is available for emergency use to be carried in that (a) All airspace: U.S.-registered civil aircraft unless it is an approved type aircraft. Any traffic alert and collision and— avoidance system installed in a U.S.- (1) If a chair type (canopy in back), it registered civil aircraft must be ap- has been packed by a certificated and proved by the Administrator. appropriately rated parachute rigger (b) Traffic alert and collision avoidance within the preceding 120 days; or system, operation required. Each person (2) If any other type, it has been operating an aircraft equipped with an packed by a certificated and appro- operable traffic alert and collision priately rated parachute rigger— avoidance system shall have that sys- (i) Within the preceding 120 days, if tem on and operating. its canopy, shrouds, and harness are composed exclusively of nylon, rayon, §§ 91.223—91.299 [Reserved] or other similar synthetic fiber or ma- terials that are substantially resistant Subpart D—Special Flight to damage from mold, mildew, or other Operations fungi and other rotting agents propa- gated in a moist environment; or SOURCE: Docket No. 18334, 54 FR 34308, Aug. (ii) Within the preceding 60 days, if 18, 1989, unless otherwise noted. any part of the parachute is composed of silk, pongee, or other natural fiber, § 91.301 [Reserved] or materials not specified in paragraph (a)(2)(i) of this section. § 91.303 Aerobatic flight. (b) Except in an emergency, no pilot No person may operate an aircraft in in command may allow, and no person aerobatic flight— may make, a parachute jump from an (a) Over any congested area of a city, aircraft within the United States ex- town, or settlement; cept in accordance with part 105. (b) Over an open air assembly of per- (c) Unless each occupant of the air- sons; craft is wearing an approved parachute, (c) Within the lateral boundaries of no pilot of a civil aircraft carrying any the surface areas of Class B, Class C, person (other than a crewmember) may Class D, or Class E airspace designated execute any intentional maneuver that for an airport; exceeds— (d) Within 4 nautical miles of the (1) A bank of 60 degrees relative to center line of any Federal airway; the horizon; or (e) Below an altitude of 1,500 feet (2) A nose-up or nose-down attitude above the surface; or of 30 degrees relative to the horizon.
215
VerDate 27
(d) Paragraph (c) of this section does strength greater, but not more than 25 not apply to— percent greater, than that of the safety (1) Flight tests for pilot certification link at the towed glider end of the tow- or rating; or line and not greater than twice the (2) Spins and other flight maneuvers maximum certificated operating required by the regulations for any cer- weight of the glider; tificate or rating when given by— (4) Before conducting any towing op- (i) A certificated flight instructor; or eration within the lateral boundaries (ii) An airline transport pilot in- of the surface areas of Class B, Class C, structing in accordance with § 61.67 of Class D, or Class E airspace designated this chapter. for an airport, or before making each (e) For the purposes of this section, towing flight within such controlled approved parachute means— airspace if required by ATC, the pilot (1) A parachute manufactured under in command notifies the control tower. a type certificate or a technical stand- If a control tower does not exist or is ard order (C–23 series); or not in operation, the pilot in command (2) A personnel-carrying military must notify the FAA flight service sta- parachute identified by an NAF, AAF, tion serving that controlled airspace or AN drawing number, an AAF order before conducting any towing oper- number, or any other military designa- ations in that airspace; and tion or specification number. (5) The pilots of the towing aircraft [Doc. No. 18334, 54 FR 34308, Aug. 18, 1989, as and the glider have agreed upon a gen- amended by Amdt. 91–255, 62 FR 68137, Dec. eral course of action, including takeoff 30, 1997] and release signals, airspeeds, and EFFECTIVE DATE NOTE: By Doc. No. 25910, 62 emergency procedures for each pilot. FR 68137, Dec. 30, 1997, in § 91.307, paragraph (b) No pilot of a civil aircraft may in- (d)(2)(ii) was amended by removing ‘‘61.169’’ tentionally release a towline, after re- and inserting in its place ‘‘61.67’’, effective lease of a glider, in a manner that en- Jan. 29, 1998. dangers the life or property of another. § 91.309 Towing: Gliders. [Doc. No. 18834, 54 FR 34308, Aug. 18, 1989, as (a) No person may operate a civil air- amended by Amdt. 91–227, 56 FR 65661, Dec. 17, 1991] craft towing a glider unless— (1) The pilot in command of the tow- § 91.311 Towing: Other than under ing aircraft is qualified under § 61.69 of § 91.309. this chapter; (2) The towing aircraft is equipped No pilot of a civil aircraft may tow with a tow-hitch of a kind, and in- anything with that aircraft (other than stalled in a manner, that is approved under § 91.309) except in accordance by the Administrator; with the terms of a certificate of waiv- (3) The towline used has breaking er issued by the Administrator. strength not less than 80 percent of the § 91.313 Restricted category civil air- maximum certificated operating craft: Operating limitations. weight of the glider and not more than twice this operating weight. However, (a) No person may operate a re- the towline used may have a breaking stricted category civil aircraft— strength more than twice the maxi- (1) For other than the special purpose mum certificated operating weight of for which it is certificated; or the glider if— (2) In an operation other than one (i) A safety link is installed at the necessary to accomplish the work ac- point of attachment of the towline to tivity directly associated with that the glider with a breaking strength not special purpose. less than 80 percent of the maximum (b) For the purpose of paragraph (a) certificated operating weight of the of this section, operating a restricted glider and not greater than twice this category civil aircraft to provide flight operating weight. crewmember training in a special pur- (ii) A safety link is installed at the pose operation for which the aircraft is point of attachment of the towline to certificated is considered to be an oper- the towing aircraft with a breaking ation for that special purpose.
216
VerDate 27
(c) No person may operate a re- tened, to perform all functions nec- stricted category civil aircraft carry- essary for flight operation. For pur- ing persons or property for compensa- poses of this paragraph— tion or hire. For the purposes of this (1) The date of manufacture of an air- paragraph, a special purpose operation plane is the date the inspection accept- involving the carriage of persons or ance records reflect that the airplane is material necessary to accomplish that complete and meets the FAA-approved operation, such as crop dusting, seed- type design data; and ing, spraying, and banner towing (in- (2) A front seat is a seat located at a cluding the carrying of required per- flight crewmember station or any seat sons or material to the location of that located alongside such a seat. operation), and operation for the pur- pose of providing flight crewmember § 91.315 Limited category civil aircraft: training in a special purpose operation, Operating limitations. are not considered to be the carriage of No person may operate a limited cat- persons or property for compensation egory civil aircraft carrying persons or or hire. property for compensation or hire. (d) No person may be carried on a re- stricted category civil aircraft unless § 91.317 Provisionally certificated civil that person— aircraft: Operating limitations. (1) Is a flight crewmember; (a) No person may operate a provi- (2) Is a flight crewmember trainee; sionally certificated civil aircraft un- (3) Performs an essential function in less that person is eligible for a provi- connection with a special purpose oper- sional airworthiness certificate under ation for which the aircraft is certifi- § 21.213 of this chapter. cated; or (b) No person may operate a provi- (4) Is necessary to accomplish the sionally certificated civil aircraft out- work activity directly associated with side the United States unless that per- that special purpose. son has specific authority to do so from (e) Except when operating in accord- the Administrator and each foreign ance with the terms and conditions of country involved. a certificate of waiver or special oper- (c) Unless otherwise authorized by ating limitations issued by the Admin- the Director, Flight Standards Service, istrator, no person may operate a re- no person may operate a provisionally stricted category civil aircraft within certificated civil aircraft in air trans- the United States— portation. (1) Over a densely populated area; (d) Unless otherwise authorized by (2) In a congested airway; or the Administrator, no person may op- (3) Near a busy airport where pas- erate a provisionally certificated civil senger transport operations are con- aircraft except— ducted. (1) In direct conjunction with the (f) This section does not apply to type or supplemental type certification nonpassenger-carrying civil rotorcraft of that aircraft; external-load operations conducted (2) For training flight crews, includ- under part 133 of this chapter. ing simulated air carrier operations; (g) No person may operate a small re- (3) Demonstration flight by the man- stricted-category civil airplane manu- ufacturer for prospective purchasers; factured after July 18, 1978, unless an (4) Market surveys by the manufac- approved shoulder harness is installed turer; for each front seat. The shoulder har- (5) Flight checking of instruments, ness must be designed to protect each accessories, and equipment that do not occupant from serious head injury affect the basic airworthiness of the when the occupant experiences the ul- aircraft; or timate inertia forces specified in (6) Service testing of the aircraft. § 23.561(b)(2) of this chapter. The shoul- (e) Each person operating a provi- der harness installation at each flight sionally certificated civil aircraft shall crewmember station must permit the operate within the prescribed limita- crewmember, when seated and with the tions displayed in the aircraft or set safety belt and shoulder harness fas- forth in the provisional aircraft flight
217
VerDate 27
manual or other appropriate document. number of persons who may be carried However, when operating in direct con- in the aircraft. junction with the type or supplemental (Approved by the Office of Management and type certification of the aircraft, that Budget under control number 2120–0005) person shall operate under the experi- mental aircraft limitations of § 21.191 of [Doc. No. 18334, 54 FR 34308, Aug. 18, 1989, as this chapter and when flight testing, amended by Amdt. 91–212, 54 FR 39293, Sept. shall operate under the requirements of 25, 1989] § 91.305 of this part. (f) Each person operating a provision- § 91.319 Aircraft having experimental ally certificated civil aircraft shall es- certificates: Operating limitations. tablish approved procedures for— (a) No person may operate an aircraft (1) The use and guidance of flight and that has an experimental certificate— ground personnel in operating under (1) For other than the purpose for this section; and which the certificate was issued; or (2) Operating in and out of airports (2) Carrying persons or property for where takeoffs or approaches over pop- compensation or hire. ulated areas are necessary. No person (b) No person may operate an aircraft may operate that aircraft except in that has an experimental certificate compliance with the approved proce- outside of an area assigned by the Ad- dures. ministrator until it is shown that— (g) Each person operating a provi- (1) The aircraft is controllable sionally certificated civil aircraft shall throughout its normal range of speeds ensure that each flight crewmember is and throughout all the maneuvers to properly certificated and has adequate be executed; and knowledge of, and familiarity with, the (2) The aircraft has no hazardous op- aircraft and procedures to be used by erating characteristics or design fea- that crewmember. tures. (h) Each person operating a provi- (c) Unless otherwise authorized by sionally certificated civil aircraft shall the Administrator in special operating maintain it as required by applicable limitations, no person may operate an regulations and as may be specially aircraft that has an experimental cer- prescribed by the Administrator. tificate over a densely populated area (i) Whenever the manufacturer, or or in a congested airway. The Adminis- the Administrator, determines that a trator may issue special operating lim- change in design, construction, or oper- itations for particular aircraft to per- ation is necessary to ensure safe oper- mit takeoffs and landings to be con- ation, no person may operate a provi- ducted over a densely populated area or sionally certificated civil aircraft until in a congested airway, in accordance that change has been made and ap- with terms and conditions specified in proved. Section 21.99 of this chapter ap- the authorization in the interest of plies to operations under this section. safety in air commerce. (j) Each person operating a provision- (d) Each person operating an aircraft ally certificated civil aircraft— that has an experimental certificate (1) May carry in that aircraft only shall— persons who have a proper interest in (1) Advise each person carried of the the operations allowed by this section experimental nature of the aircraft; or who are specifically authorized by (2) Operate under VFR, day only, un- both the manufacturer and the Admin- less otherwise specifically authorized istrator; and by the Administrator; and (2) Shall advise each person carried (3) Notify the control tower of the ex- that the aircraft is provisionally cer- perimental nature of the aircraft when tificated. operating the aircraft into or out of (k) The Administrator may prescribe airports with operating control towers. additional limitations or procedures (e) The Administrator may prescribe that the Administrator considers nec- additional limitations that the Admin- essary, including limitations on the istrator considers necessary, including
218
VerDate 27
limitations on the persons that may be (2) 115 percent of the maximum carried in the aircraft. weight listed in the FAA aircraft speci- fications; (Approved by the Office of Management and Budget under control number 2120–0005) (3) The weight at which the airplane meets the positive maneuvering load factor requirement for the normal cat- § 91.321 Carriage of candidates in Fed- eral elections. egory specified in § 23.337 of this chap- ter; or (a) An aircraft operator, other than (4) The weight at which the airplane one operating an aircraft under the meets the climb performance require- rules of part 121, 125, or 135 of this ments under which it was type certifi- chapter, may receive payment for the cated. carriage of a candidate in a Federal (c) In determining the maximum cer- election, an agent of the candidate, or tificated weight, the Administrator a person traveling on behalf of the can- considers the structural soundness of didate, if— the airplane and the terrain to be tra- (1) That operator’s primary business versed. is not as an air carrier or commercial (d) The maximum certificated weight operator; determined under this section is added (2) The carriage is conducted under to the airplane’s operation limitations the rules of this part 91; and and is identified as the maximum (3) The payment for the carriage is weight authorized for operations with- required, and does not exceed the in the State of Alaska. amount required to be paid, by regula- tions of the Federal Election Commis- [Doc. No. 18334, 54 FR 34308, Aug. 18, 1989; sion (11 CFR et seq.). Amdt. 91–211, 54 FR 41211, Oct. 5, 1989, as (b) For the purposes of this section, amended by Amdt. 91–253, 62 FR 13253, Mar. the terms candidate and election have 19, 1997] the same meaning as that set forth in § 91.325 Primary category aircraft: Op- the regulations of the Federal Election erating limitations. Commission. (a) No person may operate a primary § 91.323 Increased maximum certifi- category aircraft carrying persons or cated weights for certain airplanes property for compensation or hire. operated in Alaska. (b) No person may operate a primary (a) Notwithstanding any other provi- category aircraft that is maintained by sion of the Federal Aviation Regula- the pilot-owner under an approved spe- tions, the Administrator will approve, cial inspection and maintenance pro- as provided in this section, an increase gram except— in the maximum certificated weight of (1) The pilot-owner; or an airplane type certificated under (2) A designee of the pilot-owner, pro- Aeronautics Bulletin No. 7–A of the vided that the pilot-owner does not re- U.S. Department of Commerce dated ceive compensation for the use of the January 1, 1931, as amended, or under aircraft. the normal category of part 4a of the [Doc. No. 23345, 57 FR 41370, Sept. 9, 1992] former Civil Air Regulations (14 CFR part 4a, 1964 ed.) if that airplane is op- §§ 91.326—91.399 [Reserved] erated in the State of Alaska by— (1) A certificate holder conducting operations under part 121 or part 135 of Subpart E—Maintenance, Preven- this chapter; or tive Maintenance, and Alter- (2) The U.S. Department of Interior ations in conducting its game and fish law en- forcement activities or its manage- SOURCE: Docket No. 18334, 54 FR 34311, Aug. ment, fire detection, and fire suppres- 18, 1989, unless otherwise noted. sion activities concerning public lands. (b) The maximum certificated weight § 91.401 Applicability. approved under this section may not (a) This subpart prescribes rules gov- exceed— erning the maintenance, preventive (1) 12,500 pounds; maintenance, and alterations of U.S.-
219
VerDate 27
registered civil aircraft operating with- (c) Shall have any inoperative instru- in or outside of the United States. ment or item of equipment, permitted (b) Sections 91.405, 91.409, 91.411, to be inoperative by § 91.213(d)(2) of this 91.417, and 91.419 of this subpart do not part, repaired, replaced, removed, or apply to an aircraft maintained in ac- inspected at the next required inspec- cordance with a continuous airworthi- tion; and ness maintenance program as provided (d) When listed discrepancies include in part 121, 127, 129, or § 135.411(a)(2) of inoperative instruments or equipment, this chapter. shall ensure that a placard has been in- (c) Sections 91.405 and 91.409 of this stalled as required by § 43.11 of this part do not apply to an airplane in- chapter. spected in accordance with part 125 of this chapter. § 91.407 Operation after maintenance, preventive maintenance, rebuild- § 91.403 General. ing, or alteration. (a) No person may operate any air- (a) The owner or operator of an air- craft that has undergone maintenance, craft is primarily responsible for main- preventive maintenance, rebuilding, or taining that aircraft in an airworthy alteration unless— condition, including compliance with (1) It has been approved for return to part 39 of this chapter. service by a person authorized under (b) No person may perform mainte- § 43.7 of this chapter; and nance, preventive maintenance, or al- (2) The maintenance record entry re- terations on an aircraft other than as quired by § 43.9 or § 43.11, as applicable, prescribed in this subpart and other ap- of this chapter has been made. plicable regulations, including part 43 (b) No person may carry any person of this chapter. (other than crewmembers) in an air- (c) No person may operate an aircraft craft that has been maintained, re- for which a manufacturer’s mainte- built, or altered in a manner that may nance manual or instructions for con- have appreciably changed its flight tinued airworthiness has been issued characteristics or substantially af- that contains an airworthiness limita- fected its operation in flight until an tions section unless the mandatory re- appropriately rated pilot with at least placement times, inspection intervals, a private pilot certificate flies the air- and related procedures specified in that craft, makes an operational check of section or alternative inspection inter- the maintenance performed or alter- vals and related procedures set forth in ation made, and logs the flight in the an operations specification approved aircraft records. by the Administrator under part 121, (c) The aircraft does not have to be 127 or 135 of this chapter or in accord- flown as required by paragraph (b) of ance with an inspection program ap- this section if, prior to flight, ground proved under § 91.409(e) have been com- tests, inspection, or both show conclu- plied with. sively that the maintenance, preven- § 91.405 Maintenance required. tive maintenance, rebuilding, or alter- 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 Budget under control number 2120–0005) except as provided in paragraph (c) of this section, have discrepancies re- paired as prescribed in part 43 of this § 91.409 Inspections. 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
220
VerDate 27
has been approved for return to service desiring to use a progressive inspection by a person authorized by § 43.7 of this program must submit a written request chapter; or to the FAA Flight Standards district (2) An inspection for the issuance of office having jurisdiction over the area an airworthiness certificate in accord- in which the applicant is located, and ance with part 21 of this chapter. shall provide— No inspection performed under para- (1) A certificated mechanic holding graph (b) of this section may be sub- an inspection authorization, a certifi- stituted for any inspection required by cated airframe repair station, or the this paragraph unless it is performed manufacturer of the aircraft to super- by a person authorized to perform an- vise or conduct the progressive inspec- nual inspections and is entered as an tion; ‘‘annual’’ inspection in the required (2) A current inspection procedures maintenance records. manual available and readily under- (b) Except as provided in paragraph standable to pilot and maintenance (c) of this section, no person may oper- personnel containing, in detail— ate an aircraft carrying any person (i) An explanation of the progressive (other than a crewmember) for hire, inspection, including the continuity of and no person may give flight instruc- inspection responsibility, the making tion for hire in an aircraft which that of reports, and the keeping of records person provides, unless within the pre- and technical reference material; ceding 100 hours of time in service the (ii) An inspection schedule, specify- aircraft has received an annual or 100- ing the intervals in hours or days when hour inspection and been approved for routine and detailed inspections will be return to service in accordance with performed and including instructions part 43 of this chapter or has received for exceeding an inspection interval by an inspection for the issuance of an air- not more than 10 hours while en route worthiness certificate in accordance and for changing an inspection interval with part 21 of this chapter. The 100- because of service experience; hour limitation may be exceeded by (iii) Sample routine and detailed in- not more than 10 hours while en route spection forms and instructions for to reach a place where the inspection their use; and can be done. The excess time used to (iv) Sample reports and records and reach a place where the inspection can instructions for their use; be done must be included in computing (3) Enough housing and equipment the next 100 hours of time in service. for necessary disassembly and proper (c) Paragraphs (a) and (b) of this sec- inspection of the aircraft; and tion do not apply to— (1) An aircraft that carries a special (4) Appropriate current technical in- flight permit, a current experimental formation for the aircraft. certificate, or a provisional airworthi- The frequency and detail of the pro- ness certificate; gressive inspection shall provide for (2) An aircraft inspected in accord- the complete inspection of the aircraft ance with an approved aircraft inspec- within each 12 calendar months and be tion program under part 125, 127, or 135 consistent with the manufacturer’s of this chapter and so identified by the recommendations, field service experi- registration number in the operations ence, and the kind of operation in specifications of the certificate holder which the aircraft is engaged. The pro- having the approved inspection pro- gressive inspection schedule must en- gram; sure that the aircraft, at all times, will (3) An aircraft subject to the require- be airworthy and will conform to all ments of paragraph (d) or (e) of this applicable FAA aircraft specifications, section; or type certificate data sheets, airworthi- (4) Turbine-powered rotorcraft when ness directives, and other approved the operator elects to inspect that data. If the progressive inspection is rotorcraft in accordance with para- discontinued, the owner or operator graph (e) of this section. shall immediately notify the local FAA (d) Progressive inspection. Each reg- Flight Standards district office, in istered owner or operator of an aircraft writing, of the discontinuance. After
221
VerDate 27
the discontinuance, the first annual in- ter and operating that make and model spection under § 91.409(a)(1) is due with- aircraft under part 121 of this chapter in 12 calendar months after the last or operating that make and model complete inspection of the aircraft under part 135 of this chapter and under the progressive inspection. The maintaining it under § 135.411(a)(2) of 100-hour inspection under § 91.409(b) is this chapter. due within 100 hours after that com- (2) An approved aircraft inspection plete inspection. A complete inspection program approved under § 135.419 of this of the aircraft, for the purpose of deter- chapter and currently in use by a per- mining when the annual and 100-hour son holding an operating certificate inspections are due, requires a detailed issued under part 135 of this chapter. inspection of the aircraft and all its (3) A current inspection program rec- components in accordance with the ommended by the manufacturer. progressive inspection. A routine in- (4) Any other inspection program es- spection of the aircraft and a detailed tablished by the registered owner or inspection of several components is not operator of that airplane or turbine- considered to be a complete inspection. powered rotorcraft and approved by the (e) Large airplanes (to which part 125 is Administrator under paragraph (g) of not applicable), turbojet multiengine air- this section. However, the Adminis- planes, turbopropeller-powered multien- trator may require revision of this in- gine airplanes, and turbine-powered spection program in accordance with rotorcraft. No person may operate a the provisions of § 91.415. large airplane, turbojet multiengine airplane, turbopropeller-powered mul- Each operator shall include in the se- tiengine airplane, or turbine-powered lected program the name and address rotorcraft unless the replacement of the person responsible for scheduling times for life-limited parts specified in the inspections required by the pro- the aircraft specifications, type data gram and make a copy of that program sheets, or other documents approved by available to the person performing in- the Administrator are complied with spections on the aircraft and, upon re- and the airplane or turbine-powered quest, to the Administrator. rotorcraft, including the airframe, en- (g) Inspection program approved under gines, propellers, rotors, appliances, paragraph (e) of this section. Each opera- survival equipment, and emergency tor of an airplane or turbine-powered equipment, is inspected in accordance rotorcraft desiring to establish or with an inspection program selected change an approved inspection program under the provisions of paragraph (f) of under paragraph (f)(4) of this section this section, except that, the owner or must submit the program for approval operator of a turbine-powered rotor- to the local FAA Flight Standards dis- craft may elect to use the inspection trict office having jurisdiction over the provisions of § 91.409(a), (b), (c), or (d) in area in which the aircraft is based. The lieu of an inspection option of program must be in writing and in- § 91.409(f). clude at least the following informa- (f) Selection of inspection program tion: under paragraph (e) of this section. The (1) Instructions and procedures for registered owner or operator of each the conduct of inspections for the par- airplane or turbine-powered rotorcraft ticular make and model airplane or described in paragraph (e) of this sec- turbine-powered rotorcraft, including tion must select, identify in the air- necessary tests and checks. The in- craft maintenance records, and use one structions and procedures must set of the following programs for the in- forth in detail the parts and areas of spection of the aircraft: the airframe, engines, propellers, ro- (1) A continuous airworthiness in- tors, and appliances, including survival spection program that is part of a con- and emergency equipment required to tinuous airworthiness maintenance be inspected. program currently in use by a person (2) A schedule for performing the in- holding an air carrier operating certifi- spections that must be performed cate or an operating certificate issued under the program expressed in terms under part 121, 127, or 135 of this chap- of the time in service, calendar time,
222
VerDate 27
number of system operations, or any (ii) A limited instrument rating ap- combination of these. propriate to the make and model of ap- (h) Changes from one inspection pro- pliance to be tested; gram to another. When an operator (iii) A limited rating appropriate to changes from one inspection program the test to be performed; under paragraph (f) of this section to (iv) An airframe rating appropriate another, the time in service, calendar to the airplane, or helicopter, to be times, or cycles of operation accumu- tested; or lated under the previous program must (v) A limited rating for a manufac- be applied in determining inspection turer issued for the appliance in ac- due times under the new program. cordance with § 145.101(b)(4) of this chapter; or (Approved by the Office of Management and Budget under control number 2120–0005) (3) A certificated mechanic with an airframe rating (static pressure system [Doc. No. 18334, 54 FR 34311, Aug. 18, 1989; tests and inspections only). Amdt. 91–211, 54 FR 41211, Oct. 5, 1989] (c) Altimeter and altitude reporting equipment approved under Technical § 91.411 Altimeter system and altitude Standard Orders are considered to be reporting equipment tests and in- tested and inspected as of the date of spections. their manufacture. (a) No person may operate an air- (d) No person may operate an air- plane, or helicopter, in controlled air- plane, or helicopter, in controlled air- space under IFR unless— space under IFR at an altitude above (1) Within the preceding 24 calendar the maximum altitude at which all al- months, each static pressure system, timeters and the automatic altitude re- each altimeter instrument, and each porting system of that airplane, or hel- automatic pressure altitude reporting icopter, have been tested. system has been tested and inspected and found to comply with appendix E § 91.413 ATC transponder tests and in- of part 43 of this chapter; spections. (2) Except for the use of system drain (a) No persons may use an ATC trans- and alternate static pressure valves, ponder that is specified in 91.215(a), following any opening and closing of 121.345(c), 127.123(b), or § 135.143(c) of the static pressure system, that system this chapter unless, within the preced- has been tested and inspected and ing 24 calendar months, the ATC trans- found to comply with paragraph (a), ponder has been tested and inspected appendices E and F, of part 43 of this and found to comply with appendix F chapter; and of part 43 of this chapter; and (3) Following installation or mainte- (b) Following any installation or nance on the automatic pressure alti- maintenance on an ATC transponder tude reporting system of the ATC where data correspondence error could transponder where data correspondence be introduced, the integrated system error could be introduced, the inte- has been tested, inspected, and found grated system has been tested, in- to comply with paragraph (c), appendix spected, and found to comply with E, of part 43 of this chapter. paragraph (c), appendix E, of part 43 of (c) The tests and inspections speci- this chapter. fied in this section must be conducted (b) The tests required by paragraph by— (a) of this section must be conducted (1) A certificated repair station prop- by— erly equipped to perform those func- (1) The manufacturer of the airplane, tions and holding— or helicopter, on which the tests and (i) A radio rating, Class III; inspections are to be performed; (ii) A limited radio rating appro- (2) A certificated repair station prop- priate to the make and model trans- erly equipped to perform those func- ponder to be tested; tions and holding— (iii) A limited rating appropriate to (i) An instrument rating, Class I; the test to be performed;
223
VerDate 27
(iv) A limited rating for a manufac- (ii) The date of completion of the turer issued for the transponder in ac- work performed; and cordance with § 145.101(b)(4) of this (iii) The signature, and certificate chapter; or number of the person approving the (2) A holder of a continuous air- aircraft for return to service. worthiness maintenance program as (2) Records containing the following provided in part 121, 127 or § 135.411(a)(2) information: of this chapter; or (i) The total time in service of the (3) The manufacturer of the aircraft airframe, each engine, each propeller, on which the transponder to be tested and each rotor. is installed, if the transponder was in- (ii) The current status of life-limited stalled by that manufacturer. parts of each airframe, engine, propel- ler, rotor, and appliance. § 91.415 Changes to aircraft inspection (iii) The time since last overhaul of programs. all items installed on the aircraft (a) Whenever the Administrator finds which are required to be overhauled on that revisions to an approved aircraft a specified time basis. inspection program under § 91.409(f)(4) (iv) The current inspection status of are necessary for the continued ade- the aircraft, including the time since quacy of the program, the owner or op- the last inspection required by the in- erator shall, after notification by the spection program under which the air- Administrator, make any changes in craft and its appliances are main- the program found to be necessary by tained. the Administrator. (v) The current status of applicable (b) The owner or operator may peti- airworthiness directives (AD) includ- tion the Administrator to reconsider ing, for each, the method of compli- the notice to make any changes in a ance, the AD number, and revision program in accordance with paragraph date. If the AD involves recurring ac- (a) of this section. tion, the time and date when the next (c) The petition must be filed with action is required. the FAA Flight Standards district of- (vi) Copies of the forms prescribed by fice which requested the change to the § 43.9(a) of this chapter for each major program within 30 days after the cer- alteration to the airframe and cur- tificate holder receives the notice. rently installed engines, rotors, propel- (d) Except in the case of an emer- lers, and appliances. gency requiring immediate action in (b) The owner or operator shall re- the interest of safety, the filing of the tain the following records for the peri- petition stays the notice pending a de- ods prescribed: cision by the Administrator. (1) The records specified in paragraph (a)(1) of this section shall be retained § 91.417 Maintenance records. until the work is repeated or super- (a) Except for work performed in ac- seded by other work or for 1 year after cordance with §§ 91.411 and 91.413, each the work is performed. registered owner or operator shall keep (2) The records specified in paragraph the following records for the periods (a)(2) of this section shall be retained specified in paragraph (b) of this sec- and transferred with the aircraft at the tion: time the aircraft is sold. (1) Records of the maintenance, pre- (3) A list of defects furnished to a ventive maintenance, and alteration registered owner or operator under and records of the 100-hour, annual, § 43.11 of this chapter shall be retained progressive, and other required or ap- until the defects are repaired and the proved inspections, as appropriate, for aircraft is approved for return to serv- each aircraft (including the airframe) ice. and each engine, propeller, rotor, and (c) The owner or operator shall make appliance of an aircraft. The records all maintenance records required to be must include— kept by this section available for in- (i) A description (or reference to data spection by the Administrator or any acceptable to the Administrator) of the authorized representative of the Na- work performed; and tional Transportation Safety Board
224
VerDate 27
(NTSB). In addition, the owner or oper- (3) Each change made in compliance ator shall present Form 337 described with manufacturer’s service bulletins, in paragraph (d) of this section for in- if the entry is specifically requested in spection upon request of any law en- that bulletin. forcement officer. (c) For the purposes of this section, a (d) When a fuel tank is installed rebuilt engine is a used engine that has within the passenger compartment or a been completely disassembled, in- baggage compartment pursuant to part spected, repaired as necessary, reas- 43 of this chapter, a copy of FAA Form sembled, tested, and approved in the 337 shall be kept on board the modified same manner and to the same toler- aircraft by the owner or operator. ances and limits as a new engine with (Approved by the Office of Management and either new or used parts. However, all Budget under control number 2120–0005) parts used in it must conform to the production drawing tolerances and lim- § 91.419 Transfer of maintenance its for new parts or be of approved records. oversized or undersized dimensions for Any owner or operator who sells a a new engine. U.S.-registered aircraft shall transfer §§ 91.423—91.499 [Reserved] to the purchaser, at the time of sale, the following records of that aircraft, in plain language form or in coded form Subpart F—Large and Turbine- at the election of the purchaser, if the Powered Multiengine Airplanes coded form provides for the preserva- tion and retrieval of information in a SOURCE: Docket No. 18334, 54 FR 34314, Aug. manner acceptable to the Adminis- 18, 1989, unless otherwise noted. trator: (a) The records specified in § 91.501 Applicability. § 91.417(a)(2). (a) This subpart prescribes operating (b) The records specified in rules, in addition to those prescribed in § 91.417(a)(1) which are not included in other subparts of this part, governing the records covered by paragraph (a) of the operation of large and of turbojet- this section, except that the purchaser powered multiengine civil airplanes of may permit the seller to keep physical U.S. registry. The operating rules in custody of such records. However, cus- this subpart do not apply to those air- tody of records by the seller does not planes when they are required to be op- relieve the purchaser of the respon- erated under parts 121, 125, 129, 135, and sibility under § 91.417(c) to make the 137 of this chapter. (Section 91.409 pre- records available for inspection by the scribes an inspection program for large Administrator or any authorized rep- resentative of the National Transpor- and for turbine-powered (turbojet and tation Safety Board (NTSB). turboprop) multiengine airplanes of U.S. registry when they are operated § 91.421 Rebuilt engine maintenance under this part or part 129 or 137.) records. (b) Operations that may be conducted (a) The owner or operator may use a under the rules in this subpart instead new maintenance record, without pre- of those in parts 121, 129, 135, and 137 of vious operating history, for an aircraft this chapter when common carriage is engine rebuilt by the manufacturer or not involved, include— by an agency approved by the manufac- (1) Ferry or training flights; turer. (2) Aerial work operations such as (b) Each manufacturer or agency aerial photography or survey, or pipe- that grants zero time to an engine re- line patrol, but not including fire fight- built by it shall enter in the new ing operations; record— (3) Flights for the demonstration of (1) A signed statement of the date the an airplane to prospective customers engine was rebuilt; when no charge is made except for (2) Each change made as required by those specified in paragraph (d) of this airworthiness directives; and section;
225
VerDate 27
(4) Flights conducted by the operator person, and no charge is made for the of an airplane for his personal trans- flights conducted under that arrange- portation, or the transportation of his ment other than those specified in guests when no charge, assessment, or paragraph (d) of this section; fee is made for the transportation; (2) An interchange agreement means an (5) Carriage of officials, employees, arrangement whereby a person leases guests, and property of a company on his airplane to another person in ex- an airplane operated by that company, change for equal time, when needed, on or the parent or a subsidiary of the the other person’s airplane, and no company or a subsidiary of the parent, charge, assessment, or fee is made, ex- when the carriage is within the scope cept that a charge may be made not to of, and incidental to, the business of exceed the difference between the cost the company (other than transpor- of owning, operating, and maintaining tation by air) and no charge, assess- the two airplanes; ment or fee is made for the carriage in (3) A joint ownership agreement means excess of the cost of owning, operating, an arrangement whereby one of the and maintaining the airplane, except registered joint owners of an airplane that no charge of any kind may be employs and furnishes the flight crew made for the carriage of a guest of a for that airplane and each of the reg- company, when the carriage is not istered joint owners pays a share of the within the scope of, and incidental to, charge specified in the agreement. the business of that company; (d) The following may be charged, as (6) The carriage of company officials, expenses of a specific flight, for trans- employees, and guests of the company portation as authorized by paragraphs on an airplane operated under a time (b) (3) and (7) and (c)(1) of this section: sharing, interchange, or joint owner- (1) Fuel, oil, lubricants, and other ad- ship agreement as defined in paragraph ditives. (c) of this section; (2) Travel expenses of the crew, in- (7) The carriage of property (other cluding food, lodging, and ground than mail) on an airplane operated by transportation. a person in the furtherance of a busi- (3) Hangar and tie-down costs away ness or employment (other than trans- from the aircraft’s base of operation. portation by air) when the carriage is (4) Insurance obtained for the specific within the scope of, and incidental to, flight. that business or employment and no (5) Landing fees, airport taxes, and charge, assessment, or fee is made for similar assessments. the carriage other than those specified (6) Customs, foreign permit, and in paragraph (d) of this section; similar fees directly related to the (8) The carriage on an airplane of an flight. athletic team, sports group, choral (7) In flight food and beverages. group, or similar group having a com- (8) Passenger ground transportation. mon purpose or objective when there is (9) Flight planning and weather con- no charge, assessment, or fee of any tract services. kind made by any person for that car- (10) An additional charge equal to 100 riage; and percent of the expenses listed in para- (9) The carriage of persons on an air- graph (d)(1) of this section. plane operated by a person in the fur- therance of a business other than § 91.503 Flying equipment and operat- transportation by air for the purpose of ing information. selling them land, goods, or property, (a) The pilot in command of an air- including franchises or distributor- plane shall ensure that the following ships, when the carriage is within the flying equipment and aeronautical scope of, and incidental to, that busi- charts and data, in current and appro- ness and no charge, assessment, or fee priate form, are accessible for each is made for that carriage. flight at the pilot station of the air- (c) As used in this section— plane: (1) A time sharing agreement means an (1) A flashlight having at least two arrangement whereby a person leases size ‘‘D’’ cells, or the equivalent, that his airplane with flight crew to another is in good working order.
226
VerDate 27
(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: (4) For IFR, VFR over-the-top, or Over-the-top or night VFR oper- night operations, each pertinent navi- ations. 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. (2) Before takeoff. § 91.509 Survival equipment for (3) Cruise. overwater operations. (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 follow- airplane. ing procedures, as appropriate: (b) No person may take off an air- (1) Emergency operation of fuel, hy- plane for a flight over water more than draulic, electrical, and mechanical sys- 30 minutes flying time or 100 nautical tems. miles from the nearest shore unless it (2) Emergency operation of instru- has on board the following survival ments and controls. equipment: (3) Engine inoperative procedures. (1) A life preserver, equipped with an (4) Any other procedures necessary approved survivor locator light, for for safety. each occupant of the airplane. (d) The equipment, charts, and data (2) Enough liferafts (each equipped prescribed in this section shall be used with an approved survival locator by the pilot in command and other light) of a rated capacity and buoyancy members of the flight crew, when perti- to accommodate the occupants of the nent. airplane. (3) At least one pyrotechnic signaling § 91.505 Familiarity with operating device for each liferaft. limitations and emergency equip- (4) One self-buoyant, water-resistant, ment. portable emergency radio signaling de- (a) Each pilot in command of an air- vice that is capable of transmission on plane shall, before beginning a flight, the appropriate emergency frequency become familiar with the Airplane or frequencies and not dependent upon Flight Manual for that airplane, if one the airplane power supply. is required, and with any placards, list- (5) A lifeline stored in accordance ings, instrument markings, or any with § 25.1411(g) of this chapter. combination thereof, containing each (c) The required liferafts, life pre- operating limitation prescribed for servers, and signaling devices must be that airplane by the Administrator, in- installed in conspicuously marked lo- cluding those specified in § 91.9(b). cations and easily accessible in the (b) Each required member of the crew event of a ditching without appreciable shall, before beginning a flight, become time for preparatory procedures. familiar with the emergency equip- (d) A survival kit, appropriately ment installed on the airplane to which equipped for the route to be flown, that crewmember is assigned and with must be attached to each required life- the procedures to be followed for the raft.
227
VerDate 27
(e) As used in this section, the term (d) Notwithstanding the provisions of shore means that area of the land adja- paragraph (a) of this section, when cent to the water which is above the both VHF and HF communications high water mark and excludes land equipment are required for the route areas which are intermittently under and the airplane has two VHF trans- water. mitters and two VHF receivers for communications, only one HF trans- § 91.511 Radio equipment for mitter and one HF receiver is required overwater operations. for communications. (a) Except as provided in paragraphs (e) As used in this section, the term (c), (d), and (f) of this section, no per- shore means that area of the land adja- son may take off an airplane for a cent to the water which is above the flight over water more than 30 minutes high-water mark and excludes land flying time or 100 nautical miles from areas which are intermittently under the nearest shore unless it has at least water. the following operable equipment: (f) Notwithstanding the requirements (1) Radio communication equipment in paragraph (a)(2) of this section, a appropriate to the facilities to be used person may operate in the Gulf of Mex- and able to transmit to, and receive ico, the Caribbean Sea, and the Atlan- from, any place on the route, at least tic Ocean west of a line which extends one surface facility: from 44°47′00″ N / 67°00′00″ W to 39°00′00″ ° ′ ″ ° ′ ″ ° ′ ″ (i) Two transmitters. N / 67 00 00 W to 38 30 00 N / 60 00 00 W ° ′ ″ (ii) Two microphones. south along the 60 00 00 W longitude 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 navigate the airplane within the air- radio very high frequency communica- space assigned by air traffic control. tions is expected to exist. However, a receiver that can receive both communications and required [Doc. No. 18334, 54 FR 34314, Aug. 18, 1989, as navigational signals may be used in amended by Amdt. 91–249, 61 FR 7190, Feb. 26, place of a separate communications re- 1996] ceiver and a separate navigational sig- nal receiver or unit. § 91.513 Emergency equipment. (b) For the purposes of paragraphs (a) No person may operate an air- (a)(1)(iv) and (a)(2) of this section, a re- plane unless it is equipped with the ceiver or electronic navigation unit is emergency equipment listed in this independent if the function of any part section. of it does not depend on the function- (b) Each item of equipment— ing of any part of another receiver or (1) Must be inspected in accordance electronic navigation unit. with § 91.409 to ensure its continued (c) Notwithstanding the provisions of serviceability and immediate readiness paragraph (a) of this section, a person for its intended purposes; may operate an airplane on which no (2) Must be readily accessible to the passengers are carried from a place crew; where repairs or replacement cannot be (3) Must clearly indicate its method made to a place where they can be of operation; and made, if not more than one of each of (4) When carried in a compartment or the dual items of radio communication container, must have that compart- and navigational equipment specified ment or container marked as to con- in paragraphs (a)(1) (i) through (iv) and tents and date of last inspection. (a)(2) of this section malfunctions or (c) Hand fire extinguishers must be becomes inoperative. provided for use in crew, passenger, and
228
VerDate 27
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 (1) One thousand feet above the sur- crew. 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 (2) The altitudes prescribed in § 91.177, airplane accommodating more than six for night operations. but less than 31 passengers, and at (b) This section does not apply— least two hand fire extinguishers must (1) During takeoff or landing; be conveniently located in the pas- (2) When a different altitude is au- senger compartment of each airplane thorized by a waiver to this section accommodating more than 30 pas- under subpart J of this part; or sengers. (3) When a flight is conducted under (4) Hand fire extinguishers must be the special VFR weather minimums of installed and secured in such a manner § 91.157 with an appropriate clearance that they will not interfere with the from ATC. safe operation of the airplane or ad- versely affect the safety of the crew § 91.517 Passenger information. and passengers. They must be readily (a) Except as provided in paragraph accessible and, unless the locations of (b) of this section, no person may oper- the fire extinguishers are obvious, ate an airplane carrying passengers un- their stowage provisions must be prop- less it is equipped with signs that are erly identified. visible to passengers and flight attend- (d) First aid kits for treatment of in- ants to notify them when smoking is juries likely to occur in flight or in prohibited and when safety belts must minor accidents must be provided. be fastened. The signs must be so con- (e) Each airplane accommodating structed that the crew can turn them more than 19 passengers must be on and off. They must be turned on equipped with a crash axe. during airplane movement on the sur- (f) Each passenger-carrying airplane face, for each takeoff, for each landing, must have a portable battery-powered and when otherwise considered to be megaphone or megaphones readily ac- necessary by the pilot in command. cessible to the crewmembers assigned (b) The pilot in command of an air- to direct emergency evacuation, in- plane that is not required, in accord- stalled as follows: ance with applicable aircraft and (1) One megaphone on each airplane equipment requirements of this chap- with a seating capacity of more than 60 ter, to be equipped as provided in para- but less than 100 passengers, at the graph (a) of this section shall ensure most rearward location in the pas- that the passengers are notified orally senger cabin where it would be readily each time that it is necessary to fasten accessible to a normal flight attendant their safety belts and when smoking is seat. However, the Administrator may prohibited. grant a deviation from the require- (c) If passenger information signs are ments of this subparagraph if the Ad- installed, no passenger or crewmember ministrator finds that a different loca- may smoke while any ‘‘no smoking’’ tion would be more useful for evacu- sign is lighted nor may any passenger ation of persons during an emergency. or crewmember smoke in any lavatory. (2) On each airplane with a seating (d) Each passenger required by capacity of 100 or more passengers, one § 91.107(a)(3) to occupy a seat or berth megaphone installed at the forward end shall fasten his or her safety belt about
229
VerDate 27
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. [Doc. No. 18334, 54 FR 34314, Aug. 18, 1989, as (a) Before each takeoff the pilot in amended by Amdt. 91–231, 57 FR 42672, Sept. command of an airplane carrying pas- 15, 1992] sengers shall ensure that all passengers have been orally briefed on— § 91.521 Shoulder harness. (1) Smoking. Each passenger shall be (a) No person may operate a trans- briefed on when, where, and under what port category airplane that was type conditions smoking is prohibited. This certificated after January 1, 1958, un- briefing shall include a statement, as less it is equipped at each seat at a appropriate, that the Federal Aviation flight deck station with a combined Regulations require passenger compli- safety belt and shoulder harness that ance with lighted passenger informa- meets the applicable requirements tion signs and no smoking placards, specified in § 25.785 of this chapter, ex- prohibit smoking in lavatories, and re- cept that— quire compliance with crewmember in- (1) Shoulder harnesses and combined structions with regard to these items; safety belt and shoulder harnesses that (2) Use of safety belts and shoulder har- were approved and installed before nesses. Each passenger shall be briefed March 6, 1980, may continue to be used; on when, where, and under what condi- and tions it is necessary to have his or her (2) Safety belt and shoulder harness safety belt and, if installed, his or her restraint systems may be designed to shoulder harness fastened about him or the inertia load factors established her. This briefing shall include a state- under the certification basis of the air- ment, as appropriate, that Federal plane. Aviation Regulations require passenger compliance with the lighted passenger (b) No person may operate a trans- sign and/or crewmember instructions port category airplane unless it is with regard to these items; equipped at each required flight at- (3) Location and means for opening tendant seat in the passenger compart- the passenger entry door and emer- ment with a combined safety belt and gency exits; shoulder harness that meets the appli- (4) Location of survival equipment; cable requirements specified in § 25.785 (5) Ditching procedures and the use of of this chapter, except that— flotation equipment required under (1) Shoulder harnesses and combined § 91.509 for a flight over water; and safety belt and shoulder harnesses that (6) The normal and emergency use of were approved and installed before oxygen equipment installed on the air- March 6, 1980, may continue to be used; plane. and (b) The oral briefing required by (2) Safety belt and shoulder harness paragraph (a) of this section shall be restraint systems may be designed to given by the pilot in command or a the inertia load factors established member of the crew, but need not be under the certification basis of the air- given when the pilot in command de- plane. termines that the passengers are famil- iar with the contents of the briefing. It § 91.523 Carry-on baggage. may be supplemented by printed cards No pilot in command of an airplane for the use of each passenger contain- having a seating capacity of more than ing— 19 passengers may permit a passenger (1) A diagram of, and methods of op- to stow baggage aboard that airplane erating, the emergency exits; and except—
230
VerDate 27
(a) In a suitable baggage or cargo (1) Frost, snow, or ice adhering to storage compartment, or as provided in any propeller, windshield, or power- § 91.525; or plant installation or to an airspeed, al- (b) Under a passenger seat in such a timeter, rate of climb, or flight atti- way that it will not slide forward under tude instrument system; crash impacts severe enough to induce (2) Snow or ice adhering to the wings the ultimate inertia forces specified in or stabilizing or control surfaces; or § 25.561(b)(3) of this chapter, or the re- (3) Any frost adhering to the wings or quirements of the regulations under stabilizing or control surfaces, unless which the airplane was type certifi- that frost has been polished to make it cated. Restraining devices must also smooth. limit sideward motion of under-seat (b) Except for an airplane that has baggage and be designed to withstand ice protection provisions that meet the crash impacts severe enough to induce requirements in section 34 of Special sideward forces specified in § 25.561(b)(3) Federal Aviation Regulation No. 23, or of this chapter. those for transport category airplane § 91.525 Carriage of cargo. type certification, no pilot may fly— (a) No pilot in command may permit (1) Under IFR into known or forecast cargo to be carried in any airplane un- moderate icing conditions; or less— (2) Under VFR into known light or (1) It is carried in an approved cargo moderate icing conditions unless the rack, bin, or compartment installed in aircraft has functioning de-icing or the airplane; anti-icing equipment protecting each (2) It is secured by means approved propeller, windshield, wing, stabilizing by the Administrator; or or control surface, and each airspeed, (3) It is carried in accordance with altimeter, rate of climb, or flight atti- each of the following: tude instrument system. (i) It is properly secured by a safety (c) Except for an airplane that has belt or other tiedown having enough ice protection provisions that meet the strength to eliminate the possibility of requirements in section 34 of Special shifting under all normally anticipated Federal Aviation Regulation No. 23, or flight and ground conditions. those for transport category airplane (ii) It is packaged or covered to avoid type certification, no pilot may fly an possible injury to passengers. airplane into known or forecast severe (iii) It does not impose any load on icing conditions. seats or on the floor structure that ex- (d) If current weather reports and ceeds the load limitation for those briefing information relied upon by the components. pilot in command indicate that the (iv) It is not located in a position forecast icing conditions that would that restricts the access to or use of otherwise prohibit the flight will not any required emergency or regular be encountered during the flight be- exit, or the use of the aisle between the cause of changed weather conditions crew and the passenger compartment. since the forecast, the restrictions in (v) It is not carried directly above paragraphs (b) and (c) of this section seated passengers. based on forecast conditions do not (b) When cargo is carried in cargo compartments that are designed to re- apply. quire the physical entry of a crew- § 91.529 Flight engineer requirements. member to extinguish any fire that may occur during flight, the cargo (a) No person may operate the follow- must be loaded so as to allow a crew- ing airplanes without a flight crew- member to effectively reach all parts member holding a current flight engi- of the compartment with the contents neer certificate: of a hand fire extinguisher. (1) An airplane for which a type cer- tificate was issued before January 2, § 91.527 Operating in icing conditions. 1964, having a maximum certificated (a) No pilot may take off an airplane takeoff weight of more than 80,000 that has— pounds.
231
VerDate 27
(2) An airplane type certificated after second in command prescribed in § 61.55 January 1, 1964, for which a flight engi- of this chapter. neer is required by the type certifi- cation requirements. § 91.533 Flight attendant require- (b) No person may serve as a required ments. flight engineer on an airplane unless, (a) No person may operate an air- within the preceding 6 calendar plane unless at least the following months, that person has had at least 50 number of flight attendants are on hours of flight time as a flight engineer board the airplane: on that type airplane or has been (1) For airplanes having more than 19 checked by the Administrator on that but less than 51 passengers on board, type airplane and is found to be famil- one flight attendant. iar and competent with all essential (2) For airplanes having more than 50 current information and operating pro- but less than 101 passengers on board, cedures. two flight attendants. (3) For airplanes having more than § 91.531 Second in command require- ments. 100 passengers on board, two flight at- tendants plus one additional flight at- (a) Except as provided in paragraph tendant for each unit (or part of a unit) (b) of this section, no person may oper- of 50 passengers above 100. ate the following airplanes without a (b) No person may serve as a flight pilot who is designated as second in attendant on an airplane when required command of that airplane: by paragraph (a) of this section unless (1) A large airplane, except that a that person has demonstrated to the person may operate an airplane certifi- pilot in command familiarity with the cated under SFAR 41 without a pilot necessary functions to be performed in who is designated as second in com- an emergency or a situation requiring mand if that airplane is certificated for emergency evacuation and is capable of operation with one pilot. using the emergency equipment in- (2) A turbojet-powered multiengine stalled on that airplane. airplane for which two pilots are re- quired under the type certification re- § 91.535 Stowage of food, beverage, quirements for that airplane. and passenger service equipment (3) A commuter category airplane, during aircraft movement on the except that a person may operate a surface, takeoff, and landing. commuter category airplane notwith- (a) No operator may move an aircraft standing paragraph (a)(1) of this sec- on the surface, take off, or land when tion, that has a passenger seating con- any food, beverage, or tableware fur- figuration, excluding pilot seats, of nished by the operator is located at nine or less without a pilot who is des- any passenger seat. ignated as second in command if that (b) No operator may move an aircraft airplane is type certificated for oper- on the surface, take off, or land unless ations with one pilot. each food and beverage tray and seat (b) The Administrator may issue a back tray table is secured in its stowed letter of authorization for the oper- position. ation of an airplane without compli- (c) No operator may permit an air- ance with the requirements of para- craft to move on the surface, take off, graph (a) of this section if that air- or land unless each passenger serving plane is designed for and type certifi- cart is secured in its stowed position. cated with only one pilot station. The (d) No operator may permit an air- authorization contains any conditions craft to move on the surface, take off, that the Administrator finds necessary or land unless each movie screen that for safe operation. extends into the aisle is stowed. (c) No person may designate a pilot (e) Each passenger shall comply with to serve as second in command, nor instructions given by a crewmember may any pilot serve as second in com- with regard to compliance with this mand, of an airplane required under section. this section to have two pilots unless that pilot meets the qualifications for [Doc. No. 26142, 57 FR 42672, Sept. 15, 1992]
232
VerDate 27
§§ 91.536—91.599 [Reserved] ent temperature existing at the time of takeoff; Subpart G—Additional Equipment (2) Normal consumption of fuel and and Operating Requirements oil in flight to the airport of intended for Large and Transport Cat- landing and to the alternate airports will leave a weight on arrival not in ex- egory Aircraft cess of the landing weight specified in the Airplane Flight Manual for the ele- SOURCE: Docket No. 18334, 54 FR 34318, Aug. vation of each of the airports involved 18, 1989, unless otherwise noted. and for the ambient temperatures ex- pected at the time of landing; § 91.601 Applicability. (3) The takeoff weight does not ex- This subpart applies to operation of ceed the weight shown in the Airplane large and transport category U.S.-reg- Flight Manual to correspond with the istered civil aircraft. minimum distances required for take- off considering the elevation of the air- § 91.603 Aural speed warning device. port, the runway to be used, the effec- No person may operate a transport tive runway gradient, and the ambient category airplane in air commerce un- temperature and wind component ex- less that airplane is equipped with an isting at the time of takeoff; and aural speed warning device that com- (4) Where the takeoff distance in- plies with § 25.1303(c)(1). cludes a clearway, the clearway dis- tance is not greater than one-half of— § 91.605 Transport category civil air- plane weight limitations. (i) The takeoff run, in the case of air- planes certificated after September 30, (a) No person may take off any trans- 1958, and before August 30, 1959; or port category airplane (other than a (ii) The runway length, in the case of turbine-engine-powered airplane cer- airplanes certificated after August 29, tificated after September 30, 1958) un- 1959. less— (c) No person may take off a turbine- (1) The takeoff weight does not ex- engine-powered transport category air- ceed the authorized maximum takeoff plane certificated after August 29, 1959, weight for the elevation of the airport unless, in addition to the requirements of takeoff; of paragraph (b) of this section— (2) The elevation of the airport of (1) The accelerate-stop distance is no takeoff is within the altitude range for greater than the length of the runway which maximum takeoff weights have plus the length of the stopway (if been determined; present); and (3) Normal consumption of fuel and oil in flight to the airport of intended (2) The takeoff distance is no greater landing will leave a weight on arrival than the length of the runway plus the not in excess of the authorized maxi- length of the clearway (if present); and mum landing weight for the elevation (3) The takeoff run is no greater than of that airport; and the length of the runway. (4) The elevations of the airport of in- tended landing and of all specified al- § 91.607 Emergency exits for airplanes carrying passengers for hire. ternate airports are within the altitude range for which the maximum landing (a) Notwithstanding any other provi- weights have been determined. sion of this chapter, no person may op- (b) No person may operate a turbine- erate a large airplane (type certificated engine-powered transport category air- under the Civil Air Regulations effec- plane certificated after September 30, tive before April 9, 1957) in passenger- 1958, contrary to the Airplane Flight carrying operations for hire, with more Manual, or take off that airplane un- than the number of occupants— less— (1) Allowed under Civil Air Regula- (1) The takeoff weight does not ex- tions § 4b.362 (a), (b), and (c) as in effect ceed the takeoff weight specified in the on December 20, 1951; or Airplane Flight Manual for the ele- (2) Approved under Special Civil Air vation of the airport and for the ambi- Regulations SR–387, SR–389, SR–389A,
233
VerDate 27
or SR–389B, or under this section as in cabin, the first additional exit must be effect. a floor-level exit that complies with However, an airplane type listed in the paragraph (b)(1) of this section and following table may be operated with must be located in the rear part of the up to the listed number of occupants cabin on the opposite side of the fuse- (including crewmembers) and the cor- lage from the main entrance door. responding number of exits (including However, no person may operate an emergency exits and doors) approved airplane under this section carrying for the emergency exit of passengers or more than 115 occupants unless there is with an occupant-exit configuration such an exit on each side of the fuse- approved under paragraph (b) or (c) of lage in the rear part of the cabin. this section. (c) No person may eliminate any ap- Maximum Corresponding proved exit except in accordance with number of oc- number of the following: Airplane type cupants in- exits author- cluding all ized for pas- (1) The previously authorized maxi- crewmembers senger use mum number of occupants must be re- B±307 ...... 61 4 duced by the same number of addi- B±377 ...... 96 9 tional occupants authorized for that C±46 ...... 67 4 exit under this section. CV±240 ...... 53 6 CV±340 and CV±440 ...... 53 6 (2) Exits must be eliminated in ac- DC±3 ...... 35 4 cordance with the following priority DC±3 (Super) ...... 39 5 DC±4 ...... 86 5 schedule: First, non-over-wing window DC±6 ...... 87 7 exits; second, over-wing window exits; DC±6B ...... 112 11 third, floor-level exits located in the L±18 ...... 17 3 L±049, L±649, L±749 ...... 87 7 forward part of the cabin; and fourth, L±1049 series ...... 96 9 floor-level exits located in the rear of M±202 ...... 53 6 the cabin. M±404 ...... 53 7 Viscount 700 series ...... 53 7 (3) At least one exit must be retained on each side of the fuselage regardless (b) Occupants in addition to those au- of the number of occupants. thorized under paragraph (a) of this (4) No person may remove any exit section may be carried as follows: that would result in a ratio of maxi- (1) For each additional floor-level mum number of occupants to approved exit at least 24 inches wide by 48 inches exits greater than 14:1. high, with an unobstructed 20-inch- (d) This section does not relieve any wide access aisleway between the exit person operating under part 121 of this and the main passenger aisle, 12 addi- chapter from complying with § 121.291. tional occupants. (2) For each additional window exit § 91.609 Flight recorders and cockpit located over a wing that meets the re- voice recorders. quirements of the airworthiness stand- ards under which the airplane was type (a) No holder of an air carrier operat- certificated or that is large enough to ing certificate or an operating certifi- inscribe an ellipse 19×26 inches, eight cate may conduct any operation under additional occupants. this part with an aircraft listed in the (3) For each additional window exit holder’s operations specifications or that is not located over a wing but that current list of aircraft used in air otherwise complies with paragraph transportation unless that aircraft (b)(2) of this section, five additional oc- complies with any applicable flight re- cupants. corder and cockpit voice recorder re- (4) For each airplane having a ratio quirements of the part under which its (as computed from the table in para- certificate is issued except that the op- graph (a) of this section) of maximum erator may— number of occupants to number of (1) Ferry an aircraft with an inoper- exits greater than 14:1, and for each ative flight recorder or cockpit voice airplane that does not have at least recorder from a place where repair or one full-size, door-type exit in the side replacement cannot be made to a place of the fuselage in the rear part of the where they can be made;
234
VerDate 27
(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) 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 (4) Ferry a newly acquired aircraft that utilize a digital method of record- from the place where possession of it is ing and storing data and a method of taken to a place where the flight re- readily retrieving that data from the corder or cockpit voice recorder is to storage medium, that are capable of re- be installed. cording the data specified in appendix (b) Notwithstanding paragraphs (c) E to this part, for an airplane, or ap- and (e) of this section, an operator pendix F to this part, for a rotorcraft, other than the holder of an air carrier of this part within the range, accuracy, or a commercial operator certificate and recording interval specified, and may— that are capable of retaining no less than 8 hours of aircraft operation. (1) Ferry an aircraft with an inoper- (d) Whenever a flight recorder, re- ative flight recorder or cockpit voice quired by this section, is installed, it recorder from a place where repair or must be operated continuously from replacement cannot be made to a place the instant the airplane begins the where they can be made; takeoff roll or the rotorcraft begins (2) Continue a flight as originally lift-off until the airplane has com- planned if the flight recorder or cock- pleted the landing roll or the rotorcraft pit voice recorder becomes inoperative has landed at its destination. after the aircraft has taken off; (e) Unless otherwise authorized by (3) Conduct an airworthiness flight the Administrator, after October 11, test during which the flight recorder or 1991, no person may operate a U.S. civil cockpit voice recorder is turned off to registered multiengine, turbine-pow- test it or to test any communications ered airplane or rotorcraft having a or electrical equipment installed in the passenger seating configuration of six aircraft; passengers or more and for which two (4) Ferry a newly acquired aircraft pilots are required by type certifi- from a place where possession of it was cation or operating rule unless it is taken to a place where the flight re- equipped with an approved cockpit corder or cockpit voice recorder is to voice recorder that: be installed; or (1) Is installed in compliance with (5) Operate an aircraft: § 23.1457(a) (1) and (2), (b), (c), (d), (e), (i) For not more than 15 days while (f), and (g); § 25.1457(a) (1) and (2), (b), the flight recorder and/or cockpit voice (c), (d), (e), (f), and (g); § 27.1457(a) (1) recorder is inoperative and/or removed and (2), (b), (c), (d), (e), (f), and (g); or for repair provided that the aircraft § 29.1457(a) (1) and (2), (b), (c), (d), (e), maintenance records contain an entry (f), and (g) of this chapter, as applica- that indicates the date of failure, and a ble; and placard is located in view of the pilot (2) Is operated continuously from the to show that the flight recorder or use of the checklist before the flight to cockpit voice recorder is inoperative. completion of the final checklist at the (ii) For not more than an additional end of the flight. 15 days, provided that the requirements (f) In complying with this section, an in paragraph (b)(5)(i) are met and that approved cockpit voice recorder having a certificated pilot, or a certificated an erasure feature may be used, so that person authorized to return an aircraft at any time during the operation of the to service under § 43.7 of this chapter, recorder, information recorded more certifies in the aircraft maintenance than 15 minutes earlier may be erased records that additional time is required or otherwise obliterated.
235
VerDate 27
(g) In the event of an accident or oc- (v) Altitude range. currence requiring immediate notifica- (vi) Certificate limitations. tion to the National Transportation (vii) Ranges of operational limits. Safety Board under part 830 of its regu- (viii) Performance information. lations that results in the termination (ix) Operating procedures. of the flight, any operator who has in- (3) The operator has FAA approved stalled approved flight recorders and procedures for the safe operation of the approved cockpit voice recorders shall airplane, including specific require- keep the recorded information for at ments for— least 60 days or, if requested by the Ad- (i) Limiting the operating weight on ministrator or the Board, for a longer any ferry flight to the minimum nec- period. Information obtained from the essary for the flight plus the necessary record is used to assist in determining reserve fuel load; the cause of accidents or occurrences (ii) A limitation that takeoffs must in connection with the investigation be made from dry runways unless, under part 830. The Administrator does based on a showing of actual operating not use the cockpit voice recorder takeoff techniques on wet runways record in any civil penalty or certifi- with one engine inoperative, takeoffs cate action. with full controllability from wet run- ways have been approved for the spe- [Doc. No. 18334, 54 FR 34318, Aug. 18, 1989, as amended by Amdt. 91–226, 56 FR 51621, Oct. cific model aircraft and included in the 11, 1991; Amdt. 91–228, 57 FR 19353, May 5, Airplane Flight Manual: 1992] (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 operat- operative engines. ing 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: (i) Maximum weight. (1) A speed not less than 1.3 VS1 must (ii) Center of gravity limits. be chosen at which the airplane may be (iii) Configuration of the inoperative controlled satisfactorily in a climb propeller (if applicable). with the critical engine inoperative (iv) Runway length for takeoff (in- (with its propeller removed or in a con- cluding temperature accountability). figuration desired by the operator and
236
VerDate 27
with all other engines operating at the 35-foot height at V2 speed (including maximum power determined in para- any additional speed increment ob- graph (b)(3) of this section. tained in the tests) multiplied by 115 (2) The distance required to acceler- percent and determined with— ate to the speed listed in paragraph (i) The landing gear extended; (b)(1) of this section and to climb to 50 (ii) The critical engine inoperative feet must be determined with— and its propeller removed or in a con- (i) The landing gear extended; figuration desired by the operator (if (ii) The critical engine inoperative and its propeller removed or in a con- applicable); and figuration desired by the operator; and (iii) The other engine operating at (iii) The other engines operating at not more than the power selected for not more than maximum power estab- type certification as set forth in § 25.101 lished under paragraph (b)(3) of this of this chapter. section. (3) The takeoff, flight, and landing (3) The takeoff, flight and landing procedures such as the approximate procedures, such as the approximate trim setting, method of power applica- trim settings, method of power applica- tion, maximum power, and speed must tion, maximum power, and speed must be established. The airplane must be be established. satisfactorily controllable during the (4) The performance must be deter- entire takeoff run when operated ac- mined at a maximum weight not great- cording to these procedures. er than the weight that allows a rate of (4) The performance must be deter- climb of at least 400 feet per minute in mined at a maximum weight not great- the en route configuration set forth in er than the weight determined under § 25.67(d) of this chapter in effect on § 25.121(c) of this chapter but with— January 31, 1977, at an altitude of 5,000 feet. (i) The actual steady gradient of the (5) The performance must be deter- final takeoff climb requirement not mined using temperature accountabil- less than 1.2 percent at the end of the ity for the takeoff field length, com- takeoff path with two critical engines puted in accordance with § 25.61 of this inoperative; and chapter in effect on January 31, 1977. (ii) The climb speed not less than the (c) Flight tests: Turbine-engine-powered two-engine inoperative trim speed for airplanes. The airplane performance of the actual steady gradient of the final a turbine-engine-powered airplane with takeoff climb prescribed by paragraph one engine inoperative must be deter- (c)(4)(i) of this section. mined by flight tests, including at (5) The airplane must be satisfac- least three takeoff tests, in accordance torily controllable in a climb with two with the following: critical engines inoperative. Climb per- (1) Takeoff speeds VR and V2, not less formance may be shown by calcula- than the corresponding speeds under tions based on, and equal in accuracy which the airplane was type certifi- to, the results of testing. cated under § 25.107 of this chapter, (6) The performance must be deter- must be chosen at which the airplane mined using temperature accountabil- may be controlled satisfactorily with ity for takeoff distance and final take- the critical engine inoperative (with off climb computed in accordance with its propeller removed or in a configura- § 25.101 of this chapter. tion desired by the operator, if applica- ble) and with all other engines operat- For the purpose of paragraphs (c)(4) ing at not more than the power se- and (5) of this section, two critical en- lected for type certification as set gines means two adjacent engines on forth in § 25.101 of this chapter. one side of an airplane with four en- (2) The minimum takeoff field length gines, and the center engine and one must be the horizontal distance re- outboard engine on an airplane with quired to accelerate and climb to the three engines.
237
VerDate 27
§ 91.613 Materials for compartment in- airspace, comply with § 91.705. When op- teriors. erating within airspace designated as No person may operate an airplane Reduced Vertical Separation Minimum that conforms to an amended or sup- (RVSM) airspace, comply with § 91.706. plemental type certificate issued in ac- (b) Annex 2 to the Convention on cordance with SFAR No. 41 for a maxi- International Civil Aviation, Ninth mum certificated takeoff weight in ex- Edition—July 1990, with Amendments cess of 12,500 pounds unless within 1 through Amendment 32 effective Feb- year after issuance of the initial air- ruary 19, 1996, to which reference is worthiness certificate under that made in this part, is incorporated into SFAR the airplane meets the compart- this part and made a part hereof as ment interior requirements set forth in provided in 5 U.S.C. § 552 and pursuant § 25.853 (a), (b), (b–1), (b–2), and (b–3) of to 1 CFR part 51. Annex 2 (including a this chapter in effect on September 26, complete historic file of changes there- 1978. to) is available for public inspection at the Rules Docket, AGC–200, Federal §§ 91.615—91.699 [Reserved] Aviation Administration, 800 Independ- ence Avenue SW., Washington, DC Subpart H—Foreign Aircraft Oper- 20591; or at the Office of the Federal ations and Operations of U.S.- Register, 800 North Capitol Street, Registered Civil Aircraft Out- NW., Suite 700, Washington, DC. In ad- side of the United States dition, Annex 2 may be purchased from the International Civil Aviation Orga- SOURCE: Docket No. 18334, 54 FR 34320, Aug. nization (Attention: Distribution Offi- 18, 1989, unless otherwise noted. cer), P.O. Box 400, Succursale, Place de L’Aviation Internationale, 1000 § 91.701 Applicability. Sherbrooke Street West, Montreal, This subpart applies to the oper- Quebec, Canada H3A 2R2. ations of civil aircraft of U.S. registry outside of the United States and the [Doc. No. 18834, 54 FR 34320, Aug. 18, 1989, as operations of foreign civil aircraft amended by Amdt. 91–227, 56 FR 65661, Dec. within the United States. 17, 1991; Amdt. 91–254, 62 FR 17487, Apr. 9, 1997] § 91.703 Operations of civil aircraft of U.S. registry outside of the United § 91.705 Operations within airspace States. designated as Minimum Navigation Performance Specification Air- (a) Each person operating a civil air- space. craft of U.S. registry outside of the United States shall— (a) Except as provided in paragraph (1) When over the high seas, comply (b) of this section, no person may oper- with annex 2 (Rules of the Air) to the ate a civil aircraft of U.S. registry in Convention on International Civil airspace designated as Minimum Navi- Aviation and with §§ 91.117(c), 91.127, gation Performance Specifications air- 91.129, and 91.131; space unless— (2) When within a foreign country, (1) The aircraft has approved naviga- comply with the regulations relating tion performance capability that com- to the flight and maneuver of aircraft plies with the requirements of appendix there in force; C of this part; and (3) Except for §§ 91.307(b), 91.309, (2) The operator is authorized by the 91.323, and 91.711, comply with this part Administrator to perform such oper- so far as it is not inconsistent with ap- ations. plicable regulations of the foreign (b) The Administrator may authorize country where the aircraft is operated a deviation from the requirements of or annex 2 of the Convention on Inter- this section in accordance with Section national Civil Aviation; and 3 of appendix C to this part. (4) When operating within airspace designated as Minimum Navigation [Doc. No. 28870, 62 FR 17487, Apr. 9, 1997] Performance Specifications (MNPS)
238
VerDate 27
§ 91.706 Operations within airspace rier over routes authorized in oper- designed as Reduced Vertical Sepa- ations specifications issued by the Ad- ration Minimum Airspace. ministrator. (a) Except as provided in paragraph (Approved by the Office of Management and (b) of this section, no person may oper- Budget under control number 2120–0005) ate a civil aircraft of U.S. registry in airspace designated as Reduced Verti- § 91.711 Special rules for foreign civil cal Separation Minimum (RVSM) air- aircraft. space unless: (a) General. In addition to the other (1) The operator and the operator’s applicable regulations of this part, aircraft comply with the requirements each person operating a foreign civil of appendix G of this part; and aircraft within the United States shall (2) The operator is authorized by the comply with this section. Administrator to conduct such oper- (b) VFR. No person may conduct VFR ations. operations which require two-way (b) The Administrator may authorize radio communications under this part a deviation from the requirements of unless at least one crewmember of that this section in accordance with Section aircraft is able to conduct two-way 5 of appendix G to this part. radio communications in the English [Doc. No. 28870, 62 FR 17487, Apr. 9, 1997] language and is on duty during that op- eration. § 91.707 Flights between Mexico or (c) IFR. No person may operate a for- Canada and the United States. eign civil aircraft under IFR unless— Unless otherwise authorized by ATC, (1) That aircraft is equipped with— no person may operate a civil aircraft (i) Radio equipment allowing two- between Mexico or Canada and the way radio communication with ATC United States without filing an IFR or when it is operated in controlled air- VFR flight plan, as appropriate. space; and (ii) Radio navigational equipment ap- § 91.709 Operations to Cuba. propriate to the navigational facilities to be used; No person may operate a civil air- (2) Each person piloting the air- craft from the United States to Cuba craft— unless— (i) Holds a current United States in- (a) Departure is from an inter- strument rating or is authorized by his national airport of entry designated in foreign airman certificate to pilot § 6.13 of the Air Commerce Regulations under IFR; and of the Bureau of Customs (19 CFR 6.13); (ii) Is thoroughly familiar with the and United States en route, holding, and (b) In the case of departure from any letdown procedures; and of the 48 contiguous States or the Dis- (3) At least one crewmember of that trict of Columbia, the pilot in com- aircraft is able to conduct two-way ra- mand of the aircraft has filed— diotelephone communications in the (1) A DVFR or IFR flight plan as pre- English language and that crewmember scribed in § 99.11 or § 99.13 of this chap- is on duty while the aircraft is ap- ter; and proaching, operating within, or leaving (2) A written statement, within 1 the United States. hour before departure, with the Office (d) Over water. Each person operating of Immigration and Naturalization a foreign civil aircraft over water off Service at the airport of departure, the shores of the United States shall containing— give flight notification or file a flight (i) All information in the flight plan; plan in accordance with the Supple- (ii) The name of each occupant of the mentary Procedures for the ICAO re- aircraft; gion concerned. (iii) The number of occupants of the (e) Flight at and above FL 240. If VOR aircraft; and navigational equipment is required (iv) A description of the cargo, if any. under paragraph (c)(1)(ii) of this sec- This section does not apply to the oper- tion, no person may operate a foreign ation of aircraft by a scheduled air car- civil aircraft within the 50 States and
239
VerDate 27
the District of Columbia at or above Division Manager or Aircraft Certifi- FL 240, unless the aircraft is equipped cation Directorate Manager of the FAA with distance measuring equipment region in which the applicant is located (DME) capable of receiving and indicat- or to the region within which the U.S. ing distance information from the point of entry is located. However, in VORTAC facilities to be used. When the case of an aircraft to be operated in DME required by this paragraph fails the U.S. for the purpose of demonstra- at and above FL 240, the pilot in com- tion at an airshow, the application mand of the aircraft shall notify ATC may be made to the Flight Standards immediately and may then continue Division Manager or Aircraft Certifi- operations at and above FL 240 to the cation Directorate Manager of the FAA next airport of intended landing at region in which the airshow is located. which repairs or replacement of the (b) The Administrator may issue a equipment can be made. However, para- special flight authorization for a for- graph (e) of this section does not apply eign civil aircraft subject to any condi- to foreign civil aircraft that are not tions and limitations that the Admin- equipped with DME when operated for istrator considers necessary for safe the following purposes and if ATC is operation in the U.S. airspace. notified prior to each takeoff: (c) No person may operate a foreign (1) Ferry flights to and from a place civil aircraft under a special flight au- in the United States where repairs or thorization unless that operation also alterations are to be made. complies with part 375 of the Special (2) Ferry flights to a new country of Regulations of the Department of registry. Transportation (14 CFR part 375). (3) Flight of a new aircraft of U.S. (Approved by the Office of Management and manufacture for the purpose of— Budget under control number 2120–0005) (i) Flight testing the aircraft; (ii) Training foreign flight crews in [Doc. No. 18334, 54 FR 34320, Aug. 18, 1989, as the operation of the aircraft; or amended by Amdt. 91–212, 54 FR 39293, Sept. (iii) Ferrying the aircraft for export 25, 1989] delivery outside the United States. (4) Ferry, demonstration, and test §§ 91.717—91.799 [Reserved] flight of an aircraft brought to the United States for the purpose of dem- Subpart I—Operating Noise Limits onstration or testing the whole or any part thereof. SOURCE: Docket No. 18334, 54 FR 34321, Aug. [Doc. No. 18834, 54 FR 34320, Aug. 18, 1989, as 18, 1989, unless otherwise noted. amended by Amdt. 91–227, 56 FR 65661, Dec. 17, 1991] § 91.801 Applicability: Relation to part 36. § 91.713 Operation of civil aircraft of (a) This subpart prescribes operating Cuban registry. noise limits and related requirements No person may operate a civil air- that apply, as follows, to the operation craft of Cuban registry except in con- of civil aircraft in the United States. trolled airspace and in accordance with (1) Sections 91.803, 91.805, 91.807, air traffic clearance or air traffic con- 91.809, and 91.811 apply to civil subsonic trol instructions that may require use turbojet airplanes with maximum of specific airways or routes and land- weights of more than 75,000 pounds ings at specific airports. and— (i) If U.S. registered, that have stand- § 91.715 Special flight authorizations ard airworthiness certificates; or for foreign civil aircraft. (ii) If foreign registered, that would (a) Foreign civil aircraft may be op- be required by this chapter to have a erated without airworthiness certifi- U.S. standard airworthiness certificate cates required under § 91.203 if a special in order to conduct the operations in- flight authorization for that operation tended for the airplane were it reg- is issued under this section. Applica- istered in the United States. Those sec- tion for a special flight authorization tions apply to operations to or from must be made to the Flight Standards airports in the United States under
240
VerDate 27
this part and parts 121, 125, 129, and 135 contiguous United States and the Dis- of this chapter. trict of Columbia under this part, part (2) Section 91.813 applies to U.S. oper- 121, 125, 129, or 135 of this chapter on ators of civil subsonic turbojet air- and after September 25, 1991. planes covered by this subpart. This (d) Section 91.877 prescribes reporting section applies to operators operating requirements that apply to any civil to or from airports in the United subsonic turbojet airplane with a maxi- States under this part and parts 121, mum weight of more than 75,000 pounds 125, and 135, but not to those operating operated by an air carrier or foreign air under part 129 of this chapter. carrier between the contiguous United (3) Sections 91.803, 91.819, and 91.821 States and the State of Hawaii, be- apply to U.S.-registered civil super- tween the State of Hawaii and any sonic airplanes having standard air- point outside of the 48 contiguous worthiness certificates and to foreign- United States, or between the islands registered civil supersonic airplanes of Hawaii in turnaround service, under that, if registered in the United States, part 121 or 129 of this chapter on or would be required by this chapter to have U.S. standard airworthiness cer- after November 5, 1990. tificates in order to conduct the oper- [Doc. No. 18334, 54 FR 34321, Aug. 18, 1989; ations intended for the airplane. Those Amdt. 91–211, 54 FR 41211, Oct. 5, 1989, as sections apply to operations under this amended by Amdt. 91–225, 56 FR 48658, Sept. part and under parts 121, 125, 129, and 25, 1991; Amdt. 91–252, 61 FR 66185, Dec. 16, 135 of this chapter. 1996] (b) Unless otherwise specified, as used in this subpart ‘‘part 36’’ refers to § 91.803 Part 125 operators: Designa- 14 CFR part 36, including the noise lev- tion of applicable regulations. els under appendix C of that part, not- For airplanes covered by this subpart withstanding the provisions of that and operated under part 125 of this part excepting certain airplanes from chapter, the following regulations the specified noise requirements. For apply as specified: purposes of this subpart, the various (a) For each airplane operation to stages of noise levels, the terms used to which requirements prescribed under describe airplanes with respect to those this subpart applied before November levels, and the terms ‘‘subsonic air- 29, 1980, those requirements of this sub- plane’’ and ‘‘supersonic airplane’’ have part continue to apply. the meanings specified under part 36 of (b) For each subsonic airplane oper- this chapter. For purposes of this sub- ation to which requirements prescribed part, for subsonic airplanes operated in under this subpart did not apply before foreign air commerce in the United November 29, 1980, because the airplane States, the Administrator may accept was not operated in the United States compliance with the noise require- under this part or part 121, 129, or 135 of ments under annex 16 of the Inter- this chapter, the requirements pre- national Civil Aviation Organization scribed under §§ 91.805, 91.809, 91.811, and when those requirements have been 91.813 of this subpart apply. shown to be substantially compatible with, and achieve results equivalent to (c) For each supersonic airplane oper- those achievable under, part 36 for that ation to which requirements prescribed airplane. Determinations made under under this subpart did not apply before these provisions are subject to the lim- November 29, 1980, because the airplane itations of § 36.5 of this chapter as if was not operated in the United States those noise levels were part 36 noise under this part or part 121, 129, or 135 of levels. this chapter, the requirements of (c) Sections 91.851 through 91.877 of §§ 91.819 and 91.821 of this subpart apply. this subpart prescribe operating noise (d) For each airplane required to op- limits and related requirements that erate under part 125 for which a devi- apply to any civil subsonic turbojet ation under that part is approved to airplane with a maximum certificated operate, in whole or in part, under this weight of more than 75,000 pounds oper- part or part 121, 129, or 135 of this chap- ating to or from an airport in the 48 ter, notwithstanding the approval, the
241
VerDate 27
requirements prescribed under para- merce in the United States may elect graphs (a), (b), and (c) of this section not to comply with the phased schedule continue to apply. with respect to that portion of the air- planes operated by that person shown, § 91.805 Final compliance: Subsonic under an approved method of appor- airplanes. tionment, to be engaged in foreign air Except as provided in §§ 91.809 and commerce in the United States. 91.811, on and after January 1, 1985, no person may operate to or from an air- § 91.809 Replacement airplanes. port in the United States any subsonic A Stage 1 airplane may be operated airplane covered by this subpart unless after the otherwise applicable compli- that airplane has been shown to com- ance dates prescribed under §§ 91.805 ply with Stage 2 or Stage 3 noise levels and 91.807 if, under an approved plan, a under part 36 of this chapter. replacement airplane has been ordered by the operator under a binding con- § 91.807 Phased compliance under parts 121, 125, and 135: Subsonic tract as follows: airplanes. (a) For replacement of an airplane (a) General. Each person operating powered by two engines, until January airplanes under part 121, 125, or 135 of 1, 1986, but not after the date specified this chapter, as prescribed under in the plan, if the contract is entered § 91.803 of this subpart, regardless of the into by January 1, 1983, and specifies state of registry of the airplane, shall delivery before January 1, 1986, of a re- comply with this section with respect placement airplane which has been to subsonic airplanes covered by this shown to comply with Stage 3 noise subpart. levels under part 36 of this chapter. (b) Compliance schedules. Except for (b) For replacement of an airplane airplanes shown to be operated in for- powered by three engines, until Janu- eign air commerce under paragraph (c) ary 1, 1985, but not after the date speci- of this section or covered by an exemp- fied in the plan, if the contract is en- tion (including those issued under tered into by January 1, 1983, and speci- § 91.811), airplanes operated by U.S. op- fies delivery before January 1, 1985, of a erators in air commerce in the United replacement airplane which has been States must be shown to comply with shown to comply with Stage 3 noise Stage 2 or Stage 3 noise levels under levels under part 36 of this chapter. part 36 of this chapter, in accordance (c) For replacement of any other air- with the following schedule, or they plane, until January 1, 1985, but not may not be operated to or from air- after the date specified in the plan, if ports in the United States: the contract specifies delivery before (1) By January 1, 1981— January 1, 1985, of a replacement air- (i) At least one quarter of the air- plane which— planes that have four engines with no (1) Has been shown to comply with bypass ratio or with a bypass ratio less Stage 2 or Stage 3 noise levels under than two; and part 36 of this chapter prior to issuance (ii) At least half of the airplanes pow- of an original standard airworthiness ered by engines with any other bypass certificate; or ratio or by another number of engines. (2) Has been shown to comply with (2) By January 1, 1983— Stage 3 noise levels under part 36 of (i) At least one-half of the airplanes this chapter prior to issuance of a that have four engines with no bypass standard airworthiness certificate ratio or with a bypass ratio less than other than original issue. two; and (d) Each operator of a Stage 1 air- (ii) All airplanes powered by engines plane for which approval of a replace- with any other bypass ratio or by an- ment plan is requested under this sec- other number of engines. tion shall submit to the Director, Of- (c) Apportionment of airplanes. For fice of Environment and Energy, an ap- purposes of paragraph (b) of this sec- plication constituting the proposed re- tion, a person operating airplanes en- placement plan (or revised plan) that gaged in domestic and foreign air com- contains the information specified
242
VerDate 27
under this paragraph and which is cer- (b) For the purpose of this section, tified (under penalty of 18 U.S.C. 1001) the seating configuration of an air- as true and correct. Each application plane is governed by that shown to for approval must provide information exist on December 1, 1979, or an earlier corresponding to that specified in the date established for that airplane by contract, upon which the FAA may the Administrator. rely in considering its approval, as fol- lows: § 91.813 Compliance plans and status: (1) Name and address of the appli- U.S. operations of subsonic air- cant. planes. (2) Aircraft type and model and reg- (a) Each U.S. operator of a civil sub- istration number for each airplane to sonic airplane covered by this subpart be replaced under the plan. (regardless of the state of registry) (3) Aircraft type and model of each shall submit to the Director, Office of replacement airplane. Environment and Energy, in accord- (4) Scheduled dates of delivery and ance with this section, the operator’s introduction into service of each re- current compliance status and plan for placement airplane. achieving and maintaining compliance (5) Names and addresses of the par- with the applicable noise level require- ties to the contract and any other per- ments of this subpart. If appropriate, sons who may effectively cancel the contract or otherwise control the per- an operator may substitute for the re- formance of any party. quired plan a notice, certified as true (6) Information specifying the antici- (under penalty of 18 U.S.C. 1001) by that pated disposition of the airplanes to be operator, that no change in the plan or replaced. status of any airplane affected by the (7) A statement that the contract plan has occurred since the date of the represents a legally enforceable, mu- plan most recently submitted under tual agreement for delivery of an eligi- this section. ble replacement airplane. (b) Each compliance plan, including (8) Any other information or docu- each revised plan, must contain the in- mentation requested by the Director, formation specified under paragraph (c) Office of Environment and Energy, rea- of this section for each airplane cov- sonably necessary to determine wheth- ered by this section that is operated by er the plan should be approved. the operator. Unless otherwise ap- proved by the Administrator, compli- § 91.811 Service to small communities ance plans must provide the required exemption: Two-engine, subsonic plan and status information as it exists airplanes. on the date 30 days before the date (a) A Stage l airplane powered by two specified for submission of the plan. engines may be operated after the com- Plans must be certified by the operator pliance dates prescribed under §§ 91.805, as true and complete (under penalty of 91.807, and 91.809 when, with respect to 18 U.S.C. 1001) and be submitted for that airplane, the Administrator issues each airplane covered by this section an exemption to the operator from the on or before 90 days after initially com- noise level requirements under this mencing operation of airplanes covered subpart. Each exemption issued under by this section, whichever is later, and this section terminates on the earliest of the following dates: thereafter— (1) For an exempted airplane sold, or (1) Thirty days after any change in otherwise disposed of, to another per- the operator’s fleet or compliance plan- son on or after January 1, 1983, on the ning decisions that has a separate or date of delivery to that person. cumulative effect on 10 percent or (2) For an exempted airplane with a more of the airplanes in either class of seating configuration of 100 passenger airplanes covered by § 91.807(b); and seats or less, on January 1, 1988. (2) Thirty days after each compliance (3) For an exempted airplane with a date applicable to that airplane under seating configuration of more than 100 this subpart, and annually thereafter passenger seats, on January 1, 1985. through 1985, or until any later date for
243
VerDate 27
that airplane prescribed under this sub- (viii) For airplanes on which acous- part, on the anniversary of that sub- tical technology has been or will be ap- mission date, to show continuous com- plied, following the appropriate code pliance with this subpart. entry, the actual or scheduled month (c) Each compliance plan submitted and year of installation on the air- under this section must identify the plane; operator and include information re- (ix) For DC–8 and B–707 airplanes op- garding the compliance plan and status erated in domestic U.S. air commerce for each airplane covered by the plan which have been or will be retired from as follows: service in the United States without (1) Name and address of the airplane replacement between January 24, 1977, operator. and January 1, 1985, the appropriate (2) Name and telephone number of code prescribed under paragraph (c)(5) the person designated by the operator of this section followed by the actual to be responsible for the preparation of or scheduled month and year of retire- the compliance plan and its submis- ment of the airplane from service; sion. (x) For DC–8 and B–707 airplanes op- (3) The total number of airplanes cov- erated in foreign air commerce in the ered by this section and in each of the United States which have been or will following classes and subclasses: be retired from service in the United (i) For airplanes engaged in domestic States without replacement between air commerce— April 14, 1980, and January 1, 1985, the (A) Airplanes powered by four turbo- appropriate code prescribed under jet engines with no bypass ratio or paragraph (c)(5) of this section followed with a bypass ratio less than two; by the actual or scheduled month and (B) Airplanes powered by engines year of retirement of the airplane from with any other bypass ratio or by an- service; other number of engines; and (xi) For airplanes covered by an ap- (C) Airplanes covered by an exemp- proved replacement plan under tion issued under § 91.811 of this sub- part. § 91.807(c) of this subpart, the appro- (ii) For airplanes engaged in foreign priate code prescribed under paragraph air commerce under an approved appor- (c)(5) of this section followed by the tionment plan— scheduled month and year for replace- (A) Airplanes powered by four turbo- ment of the airplane; jet engines with no bypass ratio or (xii) For airplanes designated as ‘‘en- with a bypass ratio less than two; gaged in foreign commerce’’ in accord- (B) Airplanes powered by engines ance with an approved method of ap- with any other bypass ratio or by an- portionment under § 91.807(c) of this other number of engines; and subpart, the appropriate code pre- (C) Airplanes covered by an exemp- scribed under paragraph (c)(5) of this tion issued under § 91.811 of this sub- section; part. (xiii) For airplanes covered by an ex- (4) For each airplane covered by this emption issued to the operator grant- section— ing relief from noise level requirements (i) Aircraft type and model; of this subpart, the appropriate code (ii) Aircraft registration number; prescribed under paragraph (c)(5) of (iii) Aircraft manufacturer serial this section followed by the actual or number; scheduled month and year of expiration (iv) Aircraft powerplant make and of the exemption and the appropriate model; code and applicable dates which indi- (v) Aircraft year of manufacture; cate the compliance strategy planned (vi) Whether part 36 noise level com- or implemented for the airplane; pliance has been shown, ‘‘Yes/No’’; (xiv) For all airplanes covered by this (vii) The appropriate code prescribed section, the number of spare shipsets of under paragraph (c)(5) of this section acoustical components needed for con- which indicates the acoustical tech- tinuous compliance and the number nology installed, or to be installed, on available on demand to the operator in the airplane; support of those airplanes; and
244
VerDate 27
(xv) For airplanes for which none of tween January 24, 1977, and January 1, the other codes prescribed under para- 1985. RFC—For DC–8 and B–707 air- graph (c)(5) of this section describes ei- planes operated by U.S. operators in ther the technology applied or to be ap- foreign air commerce in the United plied to the airplane in accordance States and retired from service in the with the certification requirements United States without replacement be- under parts 21 and 36 of this chapter, or tween April 14, 1980, and January 1, the compliance strategy or methodol- 1985. ogy following the code ‘‘OTH,’’ enter EXD—For airplanes exempted from the date of any certificate action and showing compliance with the noise attach an addendum to the plan ex- level requirements of this subpart. plaining the nature and the extent of OTH—For airplanes for which no the certificated technology, strategy, other prescribed code describes either or methodology employed, with ref- the certificated technology applied or erence to the type certificate docu- to be applied to the airplane, or the mentation. compliance strategy or methodology. (5) TABLE OF ACOUSTICAL TECHNOLOGY/ (An addendum must explain the nature STRATEGY CODES and extent of technology, strategy, or methodology and reference the type Airplane type/ certificate documentation.) Code model Certificate technology
A B±707±120B; Quiet nacelles + 1-ring. § 91.815 Agricultural and fire fighting B±707± airplanes: Noise operating limita- 320B/C; B± tions. 720B. B B±727±100 ..... Double wall fan duct treatment. (a) This section applies to propeller- C B±727±200 ..... Double wall fan duct treatment driven, small airplanes having standard (pre-January 1977 installa- tions and amended type cer- airworthiness certificates that are de- tificate). signed for ‘‘agricultural aircraft oper- D B±727±200; B± Quiet nacelles + double wall ations’’ (as defined in § 137.3 of this 737±100; B± fan duct treatment. chapter, as effective on January 1, 1966) 737±200. E B±747±100 Fixed lip inlets + sound ab- or for dispensing fire fighting mate- (pre-Decem- sorbing material treatment. rials. ber 1971); (b) If the Airplane Flight Manual, or B±747±200 (pre-Decem- other approved manual material infor- ber 1971). mation, markings, or placards for the F DC±8 ...... New extended inlet and bullet airplane indicate that the airplane has with treatment + fan duct treatment areas. not been shown to comply with the G DC±9 ...... P±36 sound absorbing material noise limits under part 36 of this chap- treatment kit. ter, no person may operate that air- H BAC±111±200 Silencer kit (BAC Acoustic Re- port 522). plane, except— I BAC±111±400 Silencer kit (BAC Acoustic Re- (1) To the extent necessary to accom- port 598). plish the work activity directly associ- J B±707; DC±8 .. Reengined with high bypass ratio turbojet engines + quiet ated with the purpose for which it is nacelles (if certificated under designed; stage 3 noise level require- (2) To provide flight crewmember ments). training in the special purpose oper- REP—For airplanes covered by an ation for which the airplane is de- approved replacement plan under signed; and § 91.807(c) of this subpart. (3) To conduct ‘‘nondispensing aerial EFC—For airplanes designated as work operations’’ in accordance with ‘‘engaged in foreign commerce’’ in ac- the requirements under § 137.29(c) of cordance with an approved method of this chapter. apportionment under § 91.811 of this subpart. § 91.817 Civil aircraft sonic boom. RET—For DC–8 and B–707 airplanes (a) No person may operate a civil air- operated in domestic U.S. air com- craft in the United States at a true merce and retired from service in the flight Mach number greater than 1 ex- United States without replacement be- cept in compliance with conditions and
245
VerDate 27
limitations in an authorization to ex- person may operate in the United ceed Mach 1 issued to the operator States, a civil supersonic airplane that under appendix B of this part. does not comply with Stage 2 noise (b) In addition, no person may oper- limits of part 36 in effect on October 13, ate a civil aircraft for which the maxi- 1977, using applicable trade-off provi- mum operating limit speed MM0 ex- sions. ceeds a Mach number of 1, to or from an airport in the United States, un- §§ 91.823—91.849 [Reserved] less— (1) Information available to the § 91.851 Definitions. flight crew includes flight limitations For the purposes of § 91.851 through that ensure that flights entering or 91.877 of this subpart: leaving the United States will not Contiguous United States means the cause a sonic boom to reach the surface area encompassed by the 48 contiguous within the United States; and United States and the District of Co- (2) The operator complies with the lumbia. flight limitations prescribed in para- Fleet means those civil subsonic tur- graph (b)(1) of this section or complies bojet airplanes with a maximum cer- with conditions and limitations in an tificated weight of more than 75,000 authorization to exceed Mach 1 issued pounds that are listed on an operator’s under appendix B of this part. operations specifications as eligible for operation in the contiguous United (Approved by the Office of Management and States. Budget under control number 2120–0005) Import means a change in ownership of an airplane from a non-U.S. person § 91.819 Civil supersonic airplanes that to a U.S. person when the airplane is do not comply with part 36. brought into the United States for op- (a) Applicability. This section applies eration. to civil supersonic airplanes that have Operations specifications means an not been shown to comply with the enumeration of airplanes by type, Stage 2 noise limits of part 36 in effect model, series, and serial number oper- on October 13, 1977, using applicable ated by the operator or foreign air car- trade-off provisions, and that are oper- rier on a given day, regardless of how ated in the United States, after July or whether such airplanes are formally 31, 1978. listed or designated by the operator. (b) Airport use. Except in an emer- Owner means any person that has in- gency, the following apply to each per- dicia of ownership sufficient to register son who operates a civil supersonic air- the airplane in the United States pur- plane to or from an airport in the suant to part 47 of this chapter. United States: New entrant means an air carrier or (1) Regardless of whether a type de- foreign air carrier that, on or before sign change approval is applied for November 5, 1990, did not conduct oper- under part 21 of this chapter, no person ations under part 121 or 129 of this may land or take off an airplane cov- chapter using an airplane covered by ered by this section for which the type this subpart to or from any airport in design is changed, after July 31, 1978, in the contiguous United States, but that a manner constituting an ‘‘acoustical initiates such operation after that change’’ under § 21.93 unless the acous- date. tical change requirements of part 36 Stage 2 noise levels mean the require- are complied with. ments for Stage 2 noise levels as de- (2) No flight may be scheduled, or fined in part 36 of this chapter in effect otherwise planned, for takeoff or land- on November 5, 1990. ing after 10 p.m. and before 7 a.m. local Stage 3 noise levels mean the require- time. ments for Stage 3 noise levels as de- fined in part 36 of this chapter in effect § 91.821 Civil supersonic airplanes: on November 5, 1990. Noise limits. Stage 2 airplane means a civil sub- Except for Concorde airplanes having sonic turbojet airplane with a maxi- flight time before January 1, 1980, no mum certificated weight of 75,000
246
VerDate 27
pounds or more that complies with (1) On November 5, 1990, was owned Stage 2 noise levels as defined in part by: 36 of this chapter. (i) A corporation, trust, or partner- Stage 3 airplane means a civil sub- ship organized under the laws of the sonic turbojet airplane with a maxi- United States or any State (including mum certificated weight of 75,000 individual States, territories, posses- pounds or more that complies with sions, and the District of Columbia); Stage 3 noise levels as defined in part (ii) An individual who is a citizen of 36 of this chapter. the United States; or (iii) An entity owned or controlled by [Doc. No. 26433, 56 FR 48658, Sept. 25, 1991, as a corporation, trust, partnership, or in- amended by Amdt. 91–252, 61 FR 66185, Dec. dividual described in paragraph (f)(1) (i) 16, 1996] or (ii) of this section; and (2) Enters into the United States not § 91.853 Final compliance: Civil sub- sonic airplanes. later than 6 months after the expira- tion of a lease agreement (including Except as provided in § 91.873, after De- any extensions thereof) between an cember 31, 1999, no person shall operate owner described in paragraph (f)(1) of to or from any airport in the contig- this section and a foreign airline. uous United States any airplane sub- (g) The airplane complies with Stage ject to § 91.801(c) of this subpart, unless 2 noise levels and was purchased by the that airplane has been shown to com- importer under a written contract exe- ply with Stage 3 noise levels. cuted before November 5, 1990. (h) Any Stage 2 airplane described in [Doc. No. 26433, 56 FR 48658, Sept. 25, 1991] this section is eligible for operation in § 91.855 Entry and nonaddition rule. the contiguous United States only as provided under § 91.865 or 91.867. No person may operate any airplane subject to § 91.801(c) of this subpart to [Doc. No. 26433, 56 FR 48658, Sept. 25, 1991; 56 or from an airport in the contiguous FR 51167, Oct. 10, 1991] United States unless one or more of the § 91.857 Stage 2 operations outside of following apply: the 48 contiguous United States, (a) The airplane complies with Stage and authorization for maintenance. 3 noise levels. An operator of a Stage 2 airplane (b) The airplane complies with Stage that is operating only between points 2 noise levels and was owned by a U.S. outside the contiguous United States person on and since November 5, 1990. on or after November 5, 1990, shall— Stage 2 airplanes that meet these cri- (a) Include in its operations speci- teria and are leased to foreign airlines fications a statement that such air- are also subject to the return provi- plane may not be used to provide air sions of paragraph (e) of this section. transportation to or from any airport (c) The airplane complies with Stage in the contiguous United States. 2 noise levels, is owned by a non-U.S. (b) Obtain a special flight authoriza- person, and is the subject of a binding tion to operate that airplane into the lease to a U.S. person effective before contiguous United States for the pur- and on September 25, 1991. Any such pose of maintenance. The special flight airplane may be operated for the term authorization must include a state- of the lease in effect on that date, and ment indicating that this regulation is any extensions thereof provided for in the basis for the authorization. that lease. [Doc. No. 26433, 56 FR 48658, Sept. 25, 1991, as (d) The airplane complies with Stage amended by Amdt. 91–252, 61 FR 66185, Dec. 2 noise levels and is operated by a for- 16, 1996] eign air carrier. (e) The airplane complies with Stage § 91.859 Modification to meet Stage 3 2 noise levels and is operated by a for- noise levels. eign operator other than for the pur- For an airplane subject to § 91.801(c) pose of foreign air commerce. of this subpart and otherwise prohib- (f) The airplane complies with Stage ited from operation to or from an air- 2 noise levels and— port in the contiguous United States
247
VerDate 27
by § 91.855, any person may apply for a (c) New entrants do not have a base special flight authorization for that level. airplane to operate in the contiguous [Doc. No. 26433, 56 FR 48659, Sept. 25, 1991; 56 United States for the purpose of ob- FR 51167, Oct. 10, 1991] taining modifications to meet Stage 3 noise levels. § 91.863 Transfers of Stage 2 airplanes [Doc. No. 26433, 56 FR 48658, Sept. 25, 1991] with base level. (a) Stage 2 airplanes may be trans- § 91.861 Base level. ferred with or without the correspond- (a) U.S. Operators. The base level of a ing amount of base level. Base level U.S. operator is equal to the number of may not be transferred without the owned or leased Stage 2 airplanes sub- corresponding number of Stage 2 air- ject to § 91.801(c) of this subpart that planes. were listed on that operator’s oper- (b) No portion of a U.S. operator’s ations specifications for operations to base level established under § 91.861(a) or from airports in the contiguous may be used for operations by a foreign United States on any one day selected air carrier. No portion of a foreign air by the operator during the period Jan- carrier’s base level established under uary 1, 1990, through July 1, 1991, plus § 91.861(b) may be used for operations or minus adjustments made pursuant by a U.S. operator. to paragraphs (a) (1) and (2). (c) Whenever a transfer of Stage 2 (1) The base level of a U.S. operator airplanes with base level occurs, the shall be increased by a number equal to transferring and acquiring parties the total of the following— shall, within 10 days, jointly submit (i) The number of Stage 2 airplanes written notification of the transfer to returned to service in the United the FAA, Office of Environment and States pursuant to § 91.855(f); Energy. Such notification shall state: (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,
248
VerDate 27
125, 129, or 135 of this chapter, regard- (2) After December 31, 1994, at least 25 less of the national registry of the air- percent of the fleet of a new entrant plane, shall comply with paragraph (b) must comply with Stage 3 noise levels. or (d) of this section at each interim (3) After December 31, 1996, at least 50 compliance date with regard to its sub- percent of the fleet of a new entrant sonic airplane fleet covered by must comply with Stage 3 noise levels. § 91.801(c) of this subpart. (4) After December 31, 1998, at least 75 (a) This section does not apply to percent of the fleet of a new entrant new entrants covered by § 91.867 or to must comply with Stage 3 noise levels. foreign operators not engaged in for- (b) New entrant foreign air carriers. eign air commerce. (1) A new entrant foreign air carrier (b) Each operator that chooses to initiating part 129 operations on or be- comply with this paragraph pursuant fore December 31, 1994, may initiate to any interim compliance requirement service without regard to the percent- shall reduce the number of Stage 2 air- age of its fleet composed of Stage 3 air- planes it operates that are eligible for planes. operation in the contiguous United (2) After December 31, 1994, at least 25 States to a maximum of: percent of the fleet on U.S. operations (1) After December 31, 1994, 75 percent specifications of a new entrant foreign of the base level held by the operator; air carrier must comply with Stage 3 (2) After December 31, 1996, 50 percent noise levels. of the base level held by the operator; (3) After December 31, 1996, at least 50 (3) After December 31, 1998, 25 percent percent of the fleet on U.S. operations of the base level held by the operator. specifications of a new entrant foreign (c) Except as provided under § 91.871, air carrier must comply with Stage 3 the number of Stage 2 airplanes that noise levels. must be reduced at each compliance (4) After December 31, 1998, at least 75 date contained in paragraph (b) of this percent of the fleet on U.S. operations section shall be determined by ref- specifications of a new entrant foreign erence to the amount of base level held air carrier must comply with Stage 3 by the operator on that compliance noise levels. date, as calculated under § 91.861. (c) Calculations resulting in fractions (d) Each operator that chooses to may be rounded to permit the contin- comply with this paragraph pursuant ued operation of the next whole num- to any interim compliance requirement ber of Stage 2 airplanes. shall operate a fleet that consists of: [Doc. No. 26433, 56 FR 48659, Sept. 25, 1991, as (1) After December 31, 1994, not less amended by Amdt. 91–252, 61 FR 66185, Dec. than 55 percent Stage 3 airplanes; 16, 1996] (2) After December 31, 1996, not less than 65 percent Stage 3 airplanes; § 91.869 Carry-forward compliance. (3) After December 31, 1998, not less (a) Any operator that exceeds the re- than 75 percent Stage 3 airplanes. quirements of paragraph (b) of § 91.865 (e) Calculations resulting in fractions of this part on or before December 31, may be rounded to permit the contin- 1994, or on or before December 31, 1996, ued operation of the next whole num- may claim a credit that may be applied ber of Stage 2 airplanes. at a subsequent interim compliance date. [Doc. No. 26433, 56 FR 48659, Sept. 25, 1991] (b) Any operator that eliminates or modifies more Stage 2 airplanes pursu- § 91.867 Phased compliance for new ant to § 91.865(b) than required as of De- entrants. cember 31, 1994, or December 31, 1996, (a) New entrant U.S. air carriers. may count the number of additional (1) A new entrant initiating oper- Stage 2 airplanes reduced as a credit ations under part 121 of this chapter on toward— or before December 31, 1994, may initi- (1) The number of Stage 2 airplanes it ate service without regard to the per- would otherwise be required to reduce centage of its fleet composed of Stage following a subsequent interim compli- 3 airplanes. ance date specified in § 91.865(b); or
249
VerDate 27
(2) The number of Stage 3 airplanes it require otherwise, the public comment would otherwise be required to operate period will be at least 14 days. in its fleet following a subsequent in- terim compliance date to meet the per- [Doc. No. 26433, 56 FR 48660, Sept. 25, 1991] centage requirements specified in § 91.873 Waivers from final compli- § 91.865(d). ance. [Doc. No. 26433, 56 FR 48659, Sept. 25, 1991; 56 (a) A U.S. air carrier may apply for a FR 65783, Dec. 18, 1991] waiver from the prohibition contained § 91.871 Waivers from interim compli- in § 91.853 for its remaining Stage 2 air- ance requirements. planes, provided that, by July 1, 1999, (a) Any U.S. operator or foreign air at least 85 percent of the airplanes used carrier subject to the requirements of by the carrier to provide service to or § 91.865 or 91.867 of this subpart may re- from an airport in the contiguous quest a waiver from any individual United States will comply with the compliance requirement. Stage 3 noise levels. (b) Applications must be filed with (b) An application for the waiver de- the Secretary of Transportation at scribed in paragraph (a) of this section least 120 days prior to the compliance must be filed with the Secretary of date from which the waiver is re- Transportation no later than January quested. 1, 1999. Such application must include a (c) Applicants must show that a plan with firm orders for replacing or grant of waiver would be in the public modifying all airplanes to comply with interest, and must include in its appli- Stage 3 noise levels at the earliest cation its plans and activities for modi- practicable time. fying its fleet, including evidence of good faith efforts to comply with the (c) To be eligible to apply for the requirements of § 91.865 or § 91.867. The waiver under this section, a new en- application should contain all informa- trant U.S. air carrier must initiate tion the applicant considers relevant, service no later than January 1, 1999, including, as appropriate, the follow- and must comply fully with all provi- ing: sions of this section. (1) The applicant’s balance sheet and (d) The Secretary may grant a waiver cash flow positions; under this section if the Secretary (2) The composition of the applicant’s finds that granting such waiver is in current fleet; and the public interest. In making such a (3) The applicant’s delivery position finding, the Secretary shall include with respect to new airplanes or noise- consideration of the effect of granting abatement equipment. such waiver on competition in the air (d) Waivers will be granted only upon carrier industry and the effect on small a showing by the applicant that com- community air service, and any other pliance with the requirements of information submitted by the appli- § 91.865 or 91.867 at a particular interim cant that the Secretary considers rel- compliance date is financially onerous, evant. physically impossible, or techno- (e) The term of any waiver granted logically infeasible, or that it would 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
250
VerDate 27
require otherwise, the public comment period from January 1, 1990, through period will be at least 14 days. December 31, 1991, and provide: [Doc. No. 26433, 56 FR 48660, Sept. 25, 1991; 56 (1) For each operator subject to FR 51167 Oct. 10, 1991] § 91.865: (i) The date used to establish its base § 91.875 Annual progress reports. level pursuant to § 91.861(a); and (a) Each operator subject to § 91.865 (ii) A list of those Stage 2 airplanes or § 91.867 of this chapter shall submit (by type, model, series and serial num- an annual report to the FAA, Office of ber) in its base level, including adjust- Environment and Energy, on the ments made pursuant to § 91.861 after progress it has made toward complying the date its base level was established. with the requirements of that section. (2) For each U.S. operator: Such reports shall be submitted no (i) A plan to meet the compliance later than 45 days after the end of a schedules in § 91.865 or § 91.867 and the calendar year. All progress reports final compliance date of § 91.853, includ- must provide the information through ing the schedule for delivery of replace- the end of the calendar year, be cer- ment Stage 3 airplanes or the installa- tified by the operator as true and com- tion of noise abatement retrofit equip- plete (under penalty of 18 U.S.C. 1001), ment; and and include the following information: (1) The name and address of the oper- (ii) A separate list (by type, model, ator; series, and serial number) of those air- (2) The name, title, and telephone planes included in the operator’s base number of the person designated by the level, pursuant to § 91.861(a)(1) (i) and operator to be responsible for ensuring (ii), under the categories ‘‘returned’’ or the accuracy of the information in the ‘‘purchased,’’ along with the date each report; was added to its operations specifica- (3) The operator’s progress during the tions. reporting period toward compliance (c) Each operator subject to § 91.865 or with the requirements of § 91.853, § 91.867 of this chapter shall submit sub- § 91.865 or § 91.867. For airplanes on U.S. sequent annual progress reports cover- operations specifications, each opera- ing the calendar year preceding the re- tor shall identify the airplanes by type, port and including any changes in the model, series, and serial number. information provided in paragraphs (a) (i) Each Stage 2 airplane added or re- and (b) of this section; including the moved from operation or U.S. oper- use of any carry-forward credits pursu- ations specifications (grouped sepa- ant to § 91.869. rately by those airplanes acquired with (d) An operator may request, in any and without base level); report, that specific planning data be (ii) Each Stage 2 airplane modified to considered proprietary. Stage 3 noise levels (identifying the (e) If an operator’s actions during manufacturer and model of noise any reporting period cause it to abatement retrofit equipment; achieve compliance with § 91.853, the re- (iii) Each Stage 3 airplane on U.S. op- port should include a statement to that erations specifications as of the last effect. Further progress reports are not day of the reporting period; and (iv) For each Stage 2 airplane trans- required unless there is any change in ferred or acquired, the name and ad- the information reported pursuant to dress of the recipient or transferor; paragraph (a) of this section. and, if base level was transferred, the (f) For each U.S. operator subject to person to or from whom base level was § 91.865, progress reports submitted for transferred or acquired pursuant to calendar years 1994, 1996, and 1998, shall Section 91.863 along with the effective also state how the operator achieved date of each base level transaction, and compliance with the requirements of the type of base level transferred or ac- that section, i.e.— quired. (1) By reducing the number of Stage (b) Each operator subject to § 91.865 2 airplanes in its fleet to no more than or § 91.867 of this chapter shall submit the maximum permitted percentage of an initial progress report covering the its base level under § 91.865(b), or
251
VerDate 27
(2) By operating a fleet that consists (1) For operations conducted between of at least the minimum required per- the contiguous United States and the centage of Stage 3 airplanes under State of Hawaii— § 91.865(d). (i) The number of Stage 2 airplanes used to conduct such operations as of (Approved by the Office of Management and Budget under control number 2120–0553) November 5, 1990; (ii) Any change to that number dur- [Doc. No. 26433, 56 FR 48660, Sept. 25, 1991; 56 ing the calendar year being reported, FR 51168, Oct. 10, 1991, as amended by 57 FR including the date of such change; 5977, Feb. 19, 1992] (2) For air carriers that conduct inter-island turnaround service in the § 91.877 Annual reporting of Hawaiian State of Hawaii— operations. (i) The number of Stage 2 airplanes (a) Each air carrier or foreign air car- used to conduct such operations as of rier subject to § 91.865 or § 91.867 of this November 5, 1990; part that conducts operations between (ii) Any change to that number dur- the contiguous United States and the ing the calendar year being reported, State of Hawaii, between the State of including the date of such change; Hawaii and any point outside of the (iii) For an air carrier that provided contiguous United States, or between inter-island trunaround service within the islands of Hawaii in turnaround the state of Hawaii on November 5, service, on or since November 5, 1990, 1990, the number reported under para- shall include in its annual report the graph (c)(2)(i) of this section may in- information described in paragraph (c) clude all Stage 2 airplanes with a maxi- of this section. mum certificated takeoff weight of (b) Each air carrier or foreign air car- more than 75,000 pounds that were rier not subject to § 91.865 or § 91.867 of owned or leased by the air carrier on this part that conducts operations be- November 5, 1990, regardless of whether tween the contiguous U.S. and the such airplanes were operated by that State of Hawaii, between the State of air carrier or foreign air carrier on Hawaii and any point outside of the that date. contiguous United States, or between (3) For operations conducted between the islands of Hawaii in turnaround the State of Hawaii and a point outside service, on or since November 5, 1990, the contiguous United States— shall submit an annual report to the (i) The number of Stage 2 airplanes FAA, Office of Environment and En- used to conduct such operations as of ergy, on its compliance with the Ha- November 5, 1990; and waiian operations provisions of 49 (ii) Any change to that number dur- U.S.C. 47528. Such reports shall be sub- ing the calendar year being reported, mitted no later than 45 days after the including the date of such change. end of a calendar year. All progress re- (d) Reports or amended reports for ports must provide the information years predating this regulation are re- through the end of the calendar year, quired to be filed concurrently with the be certified by the operator as true and next annual report. complete (under penalty of 18 U.S.C. [Doc. No. 28213, 61 FR 66185, Dec. 16, 1996] 1001), and include the following infor- mation— §§ 91.879—91.899 [Reserved] (1) The name and address of the air carrier or foreign air carrier; Subpart J—Waivers (2) The name, title, and telephone number of the person designated by the § 91.901 [Reserved] air carrier or foreign air carrier to be responsible for ensuring the accuracy § 91.903 Policy and procedures. of the information in the report; and (a) The Administrator may issue a (3) The information specified in para- certificate of waiver authorizing the graph (c) of this section. operation of aircraft in deviation from (c) The following information must any rule listed in this subpart if the be included in reports filed pursuant to Administrator finds that the proposed this section— operation can be safely conducted
252
VerDate 27
under the terms of that certificate of 91.515 Flight altitude rules. waiver. 91.705 Operations within the North Atlantic (b) An application for a certificate of Minimum Navigation Performance Spec- waiver under this part is made on a ifications Airspace. 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] [Doc. No. 18334, 54 FR 34325, Aug. 18, 1989] §§ 91.907—91.999 [Reserved] § 91.905 List of rules subject to waiv- ers. APPENDICES TO PART 91 Sec. APPENDIX A TO PART 91—CATEGORY II 91.107 Use of safety belts. OPERATIONS: MANUAL, INSTRU- 91.111 Operating near other aircraft. MENTS, EQUIPMENT, AND MAINTE- 91.113 Right-of-way rules: Except water op- NANCE erations. 91.115 Right-of-way rules: Water operations. 1. Category II Manual 91.117 Aircraft speed. 91.119 Minimum safe altitudes: General. (a) Application for approval. An applicant 91.121 Altimeter settings. for approval of a Category II manual or an 91.123 Compliance with ATC clearances and amendment to an approved Category II man- instructions. ual must submit the proposed manual or 91.125 ATC light signals. amendment to the Flight Standards District 91.126 Operating on or in the vicinity of an Office having jurisdiction of the area in airport in Class G airspace. which the applicant is located. If the appli- 91.127 Operating on or in the vicinity of an cation requests an evaluation program, it airport in Class E airspace. must include the following: 91.129 Operations in Class D airspace. (1) The location of the aircraft and the 91.130 Operations in Class C airspace. place where the demonstrations are to be 91.131 Operations in Class B airspace. conducted; and 91.133 Restricted and prohibited areas. (2) The date the demonstrations are to 91.135 Operations in Class A airspace. commence (at least 10 days after filing the 91.137 Temporary flight restrictions. application). 91.141 Flight restrictions in the proximity (b) Contents. Each Category II manual of the Presidential and other parties. must contain: 91.143 Flight limitation in the proximity of (1) The registration number, make, and space flight operations. model of the aircraft to which it applies; 91.153 VFR flight plan: Information re- (2) A maintenance program as specified in quired. section 4 of this appendix; and 91.155 Basic VFR weather minimums (3) The procedures and instructions related 91.157 Special VFR weather minimums. to recognition of decision height, use of run- 91.159 VFR cruising altitude or flight level. way visual range information, approach 91.169 IFR flight plan: Information required. monitoring, the decision region (the region 91.173 ATC clearance and flight plan re- between the middle marker and the decision quired. height), the maximum permissible devi- 91.175 Takeoff and landing under IFR. ations of the basic ILS indicator within the 91.177 Minimum altitudes for IFR oper- decision region, a missed approach, use of ations. airborne low approach equipment, minimum 91.179 IFR cruising altitude or flight level. altitude for the use of the autopilot, instru- 91.181 Course to be flown. ment and equipment failure warning sys- 91.183 IFR radio communications. tems, instrument failure, and other proce- 91.185 IFR operations: Two-way radio com- dures, instructions, and limitations that munications failure. may be found necessary by the Adminis- 91.187 Operation under IFR in controlled trator. airspace: Malfunction reports. 2. Required Instruments and Equipment 91.209 Aircraft lights. 91.303 Aerobatic flights. The instruments and equipment listed in 91.305 Flight test areas. this section must be installed in each air- 91.311 Towing: Other than under § 91.309. craft operated in a Category II operation. 91.313(e) Restricted category civil aircraft: This section does not require duplication of Operating limitations. instruments and equipment required by
253
VerDate 27
§ 91.205 or any other provisions of this chap- 3. Instruments and Equipment Approval ter. (a) General. The instruments and equip- (a) Group I. (1) Two localizer and glide ment required by section 2 of this appendix slope receiving systems. Each system must must be approved as provided in this section provide a basic ILS display and each side of before being used in Category II operations. the instrument panel must have a basic ILS Before presenting an aircraft for approval of 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 indicat- Paper 23–63/DO–117 dated March 14, 1963, ing 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.
254
VerDate 27
(4) With the aircraft at an altitude of 200 tained by the applicant for the aircraft with feet or less, any abrupt change in terrain respect to each approach and made available representing no more than 10 percent of the to the Adninistrator upon request: aircraft’s altitude must not cause the altim- (i) Each deficiency in airborne instruments eter to unlock, and indicator response to and equipment that prevented the initiation such changes must not exceed 0.1 seconds of an approach. and, in addition, if the system unlocks for (ii) The reasons for discontinuing an ap- greater changes, it must reacquire the signal proach, including the altitude above the run- in less than 1 second. way at which it was discontinued. (5) Systems that contain a push-to-test (iii) Speed control at the 100-foot decision feature must test the entire system (with or 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. (e) Evaluation program—(1) Application. Ap- (4) Evaluation. A final evaluation of the proval by evaluation is requested as a part of flight control guidance system is made upon the application for approval of the Category successful completion of the demonstrations. II manual. If no hazardous tendencies have been dis- (2) Demonstrations. Unless otherwise au- played or are otherwise known to exist, the thorized by the Administrator, the evalua- system is approved as installed. tion program for each aircraft requires the demonstrations specified in this paragraph. 4. Maintenance program At least 50 ILS approaches must be flown with at least five approaches on each of (a) Each maintenance program must con- three different ILS facilities and no more tain the following: than one half of the total approaches on any (1) A list of each instrument and item of one ILS facility. All approaches shall be equipment specified in § 2 of this appendix flown under simulated instrument conditions that is installed in the aircraft and approved to a 100-foot decision height and 90 percent of for Category II operations, including the the total approaches made must be success- make and model of those specified in § 2(a). ful. A successful approach is one in which— (2) A schedule that provides for the per- (i) At the 100-foot decision height, the indi- formance of inspections under subparagraph cated airspeed and heading are satisfactory (5) of this paragraph within 3 calendar for a normal flare and landing (speed must be months after the date of the previous inspec- plus or minus 5 knots of programmed air- tion. The inspection must be performed by a speed, but may not be less than computed person authorized by part 43 of this chapter, threshold speed if autothrottles are used); except that each alternate inspection may be (ii) The aircraft at the 100-foot decision replaced by a functional flight check. This height, is positioned so that the cockpit is functional flight check must be performed within, and tracking so as to remain within, by a pilot holding a Category II pilot author- the lateral confines of the runway extended; ization for the type aircraft checked. (iii) Deviation from glide slope after leav- ing the outer marker does not exceed 50 per- (3) A schedule that provides for the per- cent of full-scale deflection as displayed on formance of bench checks for each listed in- the ILS indicator; strument and item of equipment that is spec- (iv) No unusual roughness or excessive at- ified in section 2(a) within 12 calendar titude changes occur after leaving the mid- months after the date of the previous bench dle marker; and check. (v) In the case of an aircraft equipped with (4) A schedule that provides for the per- an approach coupler, the aircraft is suffi- formance of a test and inspection of each ciently in trim when the approach coupler is static pressure system in accordance with disconnected at the decision height to allow appendix E to part 43 of this chapter within for the continuation of a normal approach 12 calendar months after the date of the pre- and landing. vious test and inspection. (3) Records. During the evaluation program (5) The procedures for the performance of the following information must be main- the periodic inspections and functional flight
255
VerDate 27
checks to determine the ability of each list- whether the designation of a particular test ed instrument and item of equipment speci- area or issuance of a particular authoriza- fied in section 2(a) of this appendix to per- tion is a ‘‘major Federal action significantly form as approved for Category II operations affecting the quality of the human environ- including a procedure for recording func- ment’’ within the meaning of the National tional flight checks. Environmental Policy Act of 1969 (42 U.S.C. (6) A procedure for assuring that the pilot 4321 et seq.), and to assist him in complying is informed of all defects in listed instru- with that act and with related Executive Or- ments and items of equipment. ders, guidelines, and orders prior to such ac- (7) A procedure for assuring that the condi- tion. tion of each listed instrument and item of (c) In addition, each application for an au- equipment upon which maintenance is per- thorization to exceed Mach 1 covered by sec- formed is at least equal to its Category II ap- tion 2(a) of this appendix must contain— proval condition before it is returned to serv- (1) Information showing that operation at ice for Category II operations. a speed greater than Mach 1 is necessary to (8) A procedure for an entry in the mainte- accomplish one or more of the purposes spec- nance records required by § 43.9 of this chap- ified in section 2(a) of this appendix, includ- ter that shows the date, airport, and reasons ing a showing that the purpose of the test for each discontinued Category II operation cannot be safely or properly accomplished by because of a malfunction of a listed instru- overocean testing; ment or item of equipment. (2) A description of the test area proposed (b) Bench check. A bench check required by by the applicant, including an environmental this section must comply with this para- analysis of that area meeting the require- graph. ments of paragraph (b) of this section; and (1) It must be performed by a certificated (3) Conditions and limitations that will en- repair station holding one of the following sure that no measurable sonic boom over- ratings as appropriate to the equipment pressure will reach the surface outside of the checked: designated test area. (i) An instrument rating. (d) An application is denied if the Adminis- (ii) A radio rating. trator finds that such action is necessary to (iii) A rating issued under subpart D of protect or enhance the environment. part 145 of this chapter. (2) It must consist of removal of an instru- Section 2. Issuance ment or item of equipment and performance (a) For a flight in a designated test area, of the following: an authorization to exceed Mach 1 may be (i) A visual inspection for cleanliness, im- issued when the Administrator has taken the pending failure, and the need for lubrication, environmental protective actions specified repair, or replacement of parts; in section 1(b) of this appendix and the appli- (ii) Correction of items found by that vis- cant shows one or more of the following: ual inspection; and (1) The flight is necessary to show compli- (iii) Calibration to at least the manufac- ance with airworthiness requirements. turer’s specifications unless otherwise speci- (2) The flight is necessary to determine the fied in the approved Category II manual for sonic boom characteristics of the airplane or the aircraft in which the instrument or item to establish means of reducing or eliminat- of equipment is installed. ing the effects of sonic boom. (c) Extensions. After the completion of one (3) The flight is necessary to demonstrate maintenance cycle of 12 calendar months, a the conditions and limitations under which request to extend the period for checks, speeds greater than a true flight Mach num- tests, and inspections is approved if it is ber of 1 will not cause a measurable sonic shown that the performance of particular boom overpressure to reach the surface. equipment justifies the requested extension. (b) For a flight outside of a designated test [Doc. No. 18334, 54 FR 34325, Aug. 18, 1989] 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
256
VerDate 27
until it is suspended or terminated by the (b) The proportion of the total flight time Administrator. Such an authorization may spent by aircraft 30 NM (55.6 Km) or more off be amended or suspended by the Adminis- the cleared track shall be less than 5.3 × 10¥4 trator at any time if the Administrator finds (less than 1 hour in 1,887 flight hours). that such action is necessary to protect the (c) The proportion of the total flight time environment. Within 30 days of notification spent by aircraft between 50 NM and 70 NM of amendnent, the holder of the authoriza- (92.6 Km and 129.6 Km) off the cleared track tion must request reconsideration or the shall be less than 13 × 10¥5 (less than 1 hour amendnent becomes final. Within 30 days of in 7,693 flight hours.) notification of suspension, the holder of the authorization must request reconsideration Section 3 or the authorization is automatically termi- Air traffic control (ATC) may authorize an nated. If reconsideration is requested within aircraft operator to deviate from the re- the 30-day period, the amendment or suspen- quirements of § 91.705 for a specific flight if, sion continues until the holder shows why at the time of flight plan filing for that the authorization should not be amended or flight, ATC determines that the aircraft may terminated. Upon such showing, the Admin- be provided appropriate separation and that istrator may terminate or amend the author- the flight will not interfere with, or impose ization if the Administrator finds that such a burden upon, the operations of other air- action is necessary to protect the environ- craft which meet the requirements of § 91.705. ment, or he may reinstate the authorization without amendment if he finds that termi- [Doc. No. 18334, 54 FR 34327, Aug. 18, 1989, as nation or amendnent is not necessary to pro- amended by Amdt. 91–254, 62 FR 17487, Apr. 9, tect the environment. 1997] (b) Findings and actions by the Adminis- trator under this section do not affect any APPENDIX D TO PART 91—AIRPORTS/LO- certificate issued under title VI of the Fed- CATIONS: SPECIAL OPERATING RE- eral Aviation Act of 1958. STRICTIONS [Doc. No. 18334, 54 FR 34327, Aug. 18, 1989] Section 1. Locations at which the require- ments of § 91.215(b)(2) apply. APPENDIX C TO PART 91—OPERATIONS IN The requirements of § 91.215(b)(2) apply THE NORTH ATLANTIC (NAT) MINI- below 10,000 feet above the surface within a MUM NAVIGATION PERFORMANCE 30-nautical-mile radius of each location in SPECIFICATIONS (MNPS) AIRSPACE the following list: Atlanta, GA (The William B. Hartsfield At- Section 1 lanta International Airport) NAT MNPS airspace is that volume of air- Baltimore, MD (Baltimore Washington Inter- space between FL 285 and FL 420 extending national Airport) between latitude 27 degrees north and the Boston, MA (General Edward Lawrence North Pole, bounded in the east by the east- Logan International Airport) ern boundaries of control areas Santa Maria Chantilly, VA (Washington Dulles Inter- Oceanic, Shanwick Oceanic, and Reykjavik national Airport) Charlotte, NC (Charlotte/Douglas Inter- Oceanic and in the west by the western national Airport) boundary of Reykjavik Oceanic Control Chicago, IL Chicago-O’Hare International Area, the western boundary of Gander Oce- Airport) anic Control Area, and the western boundary Cleveland, OH (Cleveland-Hopkins Inter- of New York Oceanic Control Area, excluding national Airport) the areas west of 60 degrees west and south Dallas, TX (Dallas/Fort Worth Regional Air- of 38 degrees 30 minutes north. port) Section 2 Denver, CO (Denver International Airport) Detroit, MI (Metropolitan Wayne County The navigation performance capability re- Airport) quired for aircraft to be operated in the air- Honolulu, HI (Honolulu International Air- space defined in section 1 of this appendix is port) as follows: Houston, TX (Houston Intercontinental Air- (a) The standard deviation of lateral track port) errors shall be less than 6.3 NM (11.7 Km). Kansas City, KS (Mid-Continent Inter- Standard deviation is a statistical measure national Airport) of data about a mean value. The mean is zero Las Vegas, NV (McCarran International Air- nautical miles. The overall form of data is port) such that the plus and minus 1 standard de- Los Angeles, CA (Los Angeles International viation about the mean encompasses ap- Airport) proximately 68 percent of the data and plus Memphis, TN (Memphis International Air- or minus 2 deviations encompasses approxi- port) mately 95 percent. Miami, FL (Miami International Airport)
257
VerDate 27
Minneapolis, MN (Minneapolis-St. Paul Memphis, TN (Memphis International Air- International Airport) port) Newark, NJ (Newark International Airport) Miami, FL (Miami International Airport) New Orleans, LA (New Orleans International Minneapolis, MN (Minneapolis-St. Paul Airport-Moisant Field) International Airport) New York, NY (John F. Kennedy Inter- Newark, NJ (Newark International Airport) national Airport) New York, NY (John F. Kennedy Inter- New York, NY (LaGuardia Airport) national Airport) Orlando, FL (Orlando International Airport) New York, NY (LaGuardia Airport) Philadelphia, PA (Philadelphia International New Orleans, LA (New Orleans International Airport) Airport-Moisant Field) Phoenix, AZ (Phoenix Sky Harbor Inter- Philadelphia, PA (Philadelphia International national Airport) Airport) Pittsburgh, PA (Greater Pittsburgh Inter- Pittsburgh, PA (Greater Pittsburgh Inter- national Airport) national Airport) St. Louis, MO (Lambert-St. Louis Inter- Portland, OR (Portland International Air- national Airport) port) Salt Lake City, UT (Salt Lake City Inter- San Francisco, CA (San Francisco Inter- national Airport) national Airport) San Diego, CA (San Diego International Air- Seattle, WA (Seattle-Tacoma International port) Airport) San Francisco, CA (San Francisco Inter- St. Louis, MO (Lambert-St. Louis Inter- national Airport) national Airport) Seattle, WA (Seattle-Tacoma International Tampa, FL (Tampa International Airport) Airport) Washington, DC (Washington National Air- Tampa, FL (Tampa International Airport) port) Washington, DC (Washington National Air- port) Section 4. Locations at which solo student pilot activity is not permitted. Section 2. Airports at which the require- Pursuant to § 91.131(b)(2), solo student pilot ments of § 91.215(b)(5)(ii) apply. operations are not permitted at any of the Section 3. Locations at which fixed-wing following airports. Special VFR operations are prohibited. Atlanta, GA (The William B. Hartsfield At- The Special VFR weather minimums of lanta International Airport) § 91.157 do not apply to the following air- Boston, MA (General Edward Lawrence ports: Logan International Airport) Atlanta, GA (The William B. Hartsfield At- Chicago, IL (Chicago-O’Hare International lanta International Airport) Airport) Baltimore, MD (Baltimore/Washington Inter- Dallas, TX (Dallas/Fort Worth Regional Air- national Airport) port) Boston, MA (General Edward Lawrence Los Angeles, CA (Los Angeles International Logan International Airport) Airport) Buffalo, NY (Greater Buffalo International Miami, FL (Miami International Airport) Airport) Newark, NJ (Newark International Airport) Chicago, IL (Chicago-O’Hare International New York, NY (John F. Kennedy Inter- Airport) national Airport) Cleveland, OH (Cleveland-Hopkins Inter- New York, NY (LaGuardia Airport) national Airport) San Francisco, CA (San Francisco Inter- Columbus, OH (Port Columbus International national Airport) Airport) Washington, DC (Washington National Air- Covington, KY (Greater Cincinnati Inter- port) national Airport) Andrews Air Force Base, MD Dallas, TX (Dallas/Fort Worth Regional Air- [Amdt. 91–227, 56 FR 65661, Dec. 17, 1991, as port) amended by Amdt. 91–235, 58 FR 51968, Oct. 5, Dallas, TX (Love Field) 1993; Amdt. 91–236, 59 FR 2918, Jan. 19, 1994; Denver, CO (Denver International Airport) Amdt. 91–237, 59 FR 6547, Feb. 11, 1994; 59 FR Detroit, MI (Metropolitan Wayne County 37667, July 25, 1994] Airport) Honolulu, HI (Honolulu International Air- EFFECTIVE DATE NOTE: By Amdt. 91–236, 59 port) FR 2918, Jan. 19, 1994, as corrected by Amdt. Houston, TX (Houston Intercontinental Air- 91–237, 59 FR 6547, Feb. 11, 1994, appendix D to port) part 91 was amended in sections 1 and 3 in Indianapolis, IN (Indianapolis International the Denver, CO entry by revising Airport) ‘‘Stapleton’’ to read ‘‘Denver’’ effective Los Angeles, CA (Los Angeles International March 9, 1994. By Amdt. 91–238, 59 FR 10958, Airport) Mar. 9, 1994, the effective date was delayed to Louisville, KY (Standiford Field) May 15, 1994. By Amdt. 91–241, 59 FR 24916,
258
VerDate 27
May 13, 1994, the effective date was sus- pended indefinitely.
APPENDIX E TO PART 91ÐAIRPLANE FLIGHT RECORDER SPECIFICATIONS
1 Installed system mini- Sampling interval (per Parameters Range mum 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 11 ...... 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° 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 Position. 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 (Sample 1 (torque) ...... 1% 3 Once/Sec as Close together as Practicable). 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 (need ¥20° to 40° or 100% of ±2° ...... 1 ...... 0.8%3 depends on altitude usable range. 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, Each Analog 0±100% range .... ±3° ...... 1 ...... 1%3 Engine (Discrete). 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. [Doc. No. 18334, 54 FR 34327, Aug. 18, 1989]
259
VerDate 27
APPENDIX F TO PART 91ÐHELICOPTER FLIGHT RECORDER SPECIFICATIONS
Installed system 1 mini- Parameters Range mum 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) (mini- ±5% or ±10 kts., which- 1 ...... 1 kt. mum 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). 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 Turbine Maximum Range ...... ±5% ...... 1 ...... 1%2. Engine Torque ...... Maximum Range ...... ±5% ...... 1 ...... 1%2. Flight Control Hydraulic Pressure Primary (Discrete) ...... High/Low ...... 1 ...... SecondaryÐif applica- High/Low ...... 1 ...... ble (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 (Dis- Fault/OK ...... 1 ...... crete). Flight Controls Collective ...... Full range ...... ±3% ...... 2 ...... 1%2. Pedal Position ...... Full range ...... ±3% ...... 2 ...... 1%2. Lat. Cyclic ...... Full range ...... ±3% ...... 2 ...... 1%2. Long. Cyclic ...... Full range ...... ±3% ...... 2 ...... 1%2. Controllable Stabilator Full range ...... ±3% ...... 2 ...... 1%2. Position. 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. [Doc. No. 18334, 54 FR 34328, Aug. 18, 1989; 54 FR 41211, Oct. 5, 1989; 54 FR 53036, Dec. 26, 1989]
APPENDIX G TO PART 91—OPERATIONS IN flight level (FL) 290 and FL 410 inclusive. REDUCED VERTICAL SEPARATION MINI- RVSM airspace is special qualification air- MUM (RVSM) AIRSPACE space; the operator and the aircraft used by the operator must be approved by the Ad- Section 1. Definitions ministrator. Air-traffic control notifies oper- Reduced Vertical Separation Minimum ators of RVSM by providing route planing (RVSM) Airspace. Within RVSM airspace, air information. Section 8 of this appendix iden- traffic control (ATC) separates aircraft by a tifies airspace where RVSM may be applied. minimum of 1,000 feet vertically between
260
VerDate 27
RVSM Group Aircraft. Aircraft within a long-range cruise Mach number plus .04 group of aircraft, approved as a group by the Mach, unless further limited by available Administrator, in which each of the aircraft cruise thrust, buffet, or other flight limita- satisfy each of the following: tions. (a) The aircraft have been manufactured to the same design, and have been approved Section 2. Aircraft Approval under the same type certificate, amended (a) An operator may be authorized to con- type certificate, or supplemental type cer- duct RVSM operations if the Administrator tificate. finds that its aircraft comply with this sec- (b) The static system of each aircraft is in- tion. stalled in a manner and position that is the (b) The applicant for authorization shall same as those of the other aircraft in the submit the appropriate data package for air- group. The same static source error correc- craft approval. The package must consist of tion is incorporated in each aircraft of the at least the following: group. (1) An identification of the RVSM aircraft (c) The avionics units installed in each air- group or the nongroup aircraft; craft to meet the minimum RVSM equip- (2) A definition of the RVSM flight enve- ment requirements of this appendix are: lopes applicable to the subject aircraft; (1) Manufactured to the same manufac- (3) Documentation that establishes compli- turer specification and have the same part ance with the applicable RVSM aircraft re- number; or quirements of this section; and (2) Of a different manufacturer or part (4) The conformity tests used to ensure number, if the applicant demonstrates that that aircraft approved with the data package the equipment provides equivalent system meet the RVSM aircraft requirements. performance. (c) Altitude-keeping equipment: All aircraft. RVSM Nongroup Aircraft. An aircraft that To approve an aircraft group or a nongroup is approved for RVSM operations as an indi- aircraft, the Administrator must find that vidual aircraft. the aircraft meets the following require- RVSM Flight envelope. An RVSM flight en- ments: velope includes the range of Mach number, (1) The aircraft must be equipped with two weight divided by atmospheric pressure operational independent altitude measure- ratio, and altitudes over which an aircraft is ment systems. approved to be operated in cruising flight (2) The aircraft must be equipped with at within RVSM airspace. RVSM flight enve- least one automatic altitude control system lopes are defined as follows: that controls the aircraft altitude— (a) The full RVSM flight envelope is bounded (i) Within a tolerance band of #65 feet as follows: about an acquired altitude when the aircraft (1) The altitude flight envelope extends is operated in straight and level flight under from FL 290 upward to the lowest altitude of nonturbulent, nongust conditions; or the following: (ii) Within a tolerance band of #130 feet (i) FL 410 (the RVSM altitude limit); under nonturbulent, nongust conditions for (ii) The maximum certificated altitude for aircraft for which application for type cer- the aircraft; or tification occurred on or before April 9, 1997 (iii) The altitude limited by cruise thrust, that are equipped with an automatic altitude buffet, or other flight limitations. control system with flight management/per- (2) The airspeed flight envelope extends: formance system inputs. (i) From the airspeed of the slats/flaps-up (3) The aircraft must be equipped with an maximum endurance (holding) airspeed, or altitude alert system that signals an alert the maneuvering airspeed, whichever is when the altitude displayed to the flight lower; crew deviates from the selected altitude by (ii) To the maximum operating airspeed more than: (Vmo/Mmo), or airspeed limited by cruise (i) #300 feet for aircraft for which applica- thrust buffet, or other flight limitations, tion for type certification was made on or whichever is lower. before April 9, 1997; or (3) All permissible gross weights within the (ii) #200 feet for aircraft for which applica- flight envelopes defined in paragraphs (1) and tion for type certification is made after (2) of this definition. April 9, 1997. (b) The basic RVSM flight envelope is the (d) Altimetry system error containment: Group same as the full RVSM flight envelope ex- aircraft for which application for type certifi- cept that the airspeed flight envelope ex- cation was made on or before April 9, 1997. To tends: approve group aircraft for which application (1) From the airspeed of the slats/flaps-up for type certification was made on or before maximum endurance (holding) airspeed, or April 9, 1997, the Administrator must find the maneuver airspeed, whichever is lower; that the altimetry system error (ASE) is (2) To the upper Mach/airspeed boundary contained as follows: defined for the full RVSM flight envelope, or (1) At the point in the basic RVSM flight a specified lower value not less than the envelope where mean ASE reaches its largest
261
VerDate 27
absolute value, the absolute value may not Section 3. Operator Authorization exceed 80 feet. (a) Authority for an operator to conduct (2) At the point in the basic RVSM flight flight in airspace where RVSM is applied is envelope where mean ASE plus three stand- issued in operations specifications or a Let- ard deviations reaches its largest absolute ter of Authorization, as appropriate. To issue value, the absolute value may not exceed 200 an RVSM authorization, the Administrator feet. must find that the operator’s aircraft have (3) At the point in the full RVSM flight en- been approved in accordance with Section 2 velope where mean ASE reaches its largest of this appendix and that the operator com- absolute value, the absolute value may not plies with this section. exceed 120 feet. (b) An applicant for authorization to oper- (4) At the point in the full RVSM flight en- ate within RVSM airspace shall apply in a velope where mean ASE plus three standard form and manner prescribed by the Adminis- deviations reaches its largest absolute value, trator. The application must include the fol- the absolute value may not exceed 245 feet. lowing: (5) Necessary operating restrictions. If the ap- (1) An approved RVSM maintenance pro- plicant demonstrates that its aircraft other- gram outlining procedures to maintain wise comply with the ASE containment re- RVSM aircraft in accordance with the re- quirements, the Administrator may estab- quirements of this appendix. Each program lish an operating restriction on that appli- must contain the following: cant’s aircraft to restrict the aircraft from (i) Periodic inspections, functional flight operating in areas of the basic RVSM flight tests, and maintenance and inspection proce- envelope where the absolute value of mean dures, with acceptable maintenance prac- ASE exceeds 80 feet, and/or the absolute tices, for ensuring continued compliance value of mean ASE plus three standard devi- with the RVSM aircraft requirements. ations exceeds 200 feet; or from operating in (ii) A quality assurance program for ensur- areas of the full RVSM flight envelope where ing continuing accuracy and reliability of the absolute value of the mean ASE exceeds test equipment used for testing aircraft to 120 feet and/or the absolute value of the determine compliance with the RVSM air- mean ASE plus three standard deviations ex- craft requirements. ceeds 245 feet. (iii) Procedures for returning noncompli- ant aircraft to service. (e) Altimetry system error containment: Group (2) For an applicant who operates under aircraft for which application for type certifi- part 121 or 135, initial and recurring pilot cation is made after April 9, 1997. To approve training requirements. group aircraft for which application for type (3) Policies and Procedures. An applicant certification is made after April 9, 1997, the who operates under part 121 or 135 shall sub- Administrator must find that the altimetry mit RVSM policies and procedures that will system error (ASE) is contained as follows: enable it to conduct RVSM operations safe- (1) At the point in the full RVSM flight en- ly. velope where mean ASE reaches its largest (c) Validation and Demonstration. In a absolute value, the absolute value may not manner prescribed by the Administrator, the exceed 80 feet. operator must provide evidence 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 an adequate knowledge Nongroup aircraft. To approve a nongroup air- of RVSM requirements, policies, and proce- craft, the Administrator must find that the dures. altimetry system error (ASE) is contained as follows: Section 4. RVSM Operations (1) For each condition in the basic RVSM (a) Each person requesting a clearance to flight envelope, the largest combined abso- operate within RVSM airspace shall cor- lute value for residual static source error rectly annotate the flight plan filed with air plus the avionics error may not exceed 160 traffic control with the status of the opera- feet. tor and aircraft with regard to RVSM ap- (2) For each condition in the full RVSM proval. Each operator shall verify RVSM ap- flight envelope, the largest combined abso- plicability for the flight planned route lute value for residual static source error through the appropriate flight planning in- plus the avionics error may not exceed 200 formation sources. feet. (b) No person may show, on the flight plan (g) If the Administrator finds that the ap- filed with air traffic control, an operator or plicant’s aircraft comply with this section, aircraft as approved for RVSM operations, or the Administrator notifies the applicant in operate on a route or in an area where RVSM writing. approval is required, unless:
262
VerDate 27
(1) The operator is authorized by the Ad- (MNPS) airspace with the NAT. The MNPS ministrator to perform such operations; and airspace within the NAT is defined by the (2) The aircraft has been approved and volume of airspace FL 285 and FL 420 extend- complies with the requirements of Section 2 ing between latitude 27 degrees north and of this appendix. the North Pole, bounded in the east by the eastern boundaries of control areas Santa Section 5. Deviation Authority Approval Maria Oceanic, Shanwick Oceanic, and Rey- The Administrator may authorize an air- kjavik Oceanic and in the west by the west- craft operator to deviate from the require- ern boundaries of control areas Reykjavik ments of § 91.706 for a specific flight in RVSM Oceanic, Gander Oceanic, and New York Oce- airspace if that operator has not been ap- anic, excluding the areas west of 60 degrees proved in accordance with Section 3 of this west and south of 38 degrees 30 minutes appendix, and if: north. (2) The operator submits an appropriate re- [Doc. No. 28870, 62 FR 17487, Apr. 9, 1997] quest with the air traffic control center con- trolling the airspace, (request should be made at least 48 hours in advance of the op- PART 93—SPECIAL AIR TRAFFIC eration unless prevented by exceptional cir- RULES AND AIRPORT TRAFFIC cumstances); and (b) At the time of filing the flight plan for PATTERNS that flight, ATC determines that the aircraft may be provided appropriate separation and SPECIAL FEDERAL AVIATION REGULATION that the flight will not interfere with, or im- SFAR NO. 60 [NOTE] pose a burden on, the operations of operators who have been approved for RVSM oper- Subpart A—General ations in accordance with Section 3 of this Sec. appendix. 93.1 Applicability. Section 6. Reporting Altitude-Keeping Errors Subparts B–C [Reserved] Each operator shall report to the Adminis- trator each event in which the operator’s Subpart D—Anchorage, Alaska, Terminal aircraft has exhibited the following altitude- Area keeping performance: (a) Total vertical error of 300 feet or more; 93.51 Applicability. (b) Altimetry system error of 245 feet or 93.53 Description of area. more; or 93.55 Subdivision of area. (c) Assigned altitude deviation of 300 feet 93.57 General rules: All segments. or more. 93.59 General rules: International segment. 93.61 General rules: Lake Hood segment. Section 7. Removal or Amendment of Authority 93.63 General rules: Merrill segment. The Administrator may amend operations 93.65 General rules: Elmendorf segment. specifications to revoke or restrict an RVSM 93.67 General rules: Bryant segment. authorization, or may revoke or restrict an 93.69 Special requirements, Lake Campbell RVSM letter of authorization, if the Admin- and Sixmile Lake Airports. istrator determines that the operator is not complying, or is unable to comply, with this Subpart E [Reserved] appendix or subpart H of this part. Examples of reasons for amendment, revocation, or re- Subpart F—Valparaiso, Florida, Terminal striction include, but are not limited to, an Area operator’s: (a) Committing one or more altitude-keep- 93.81 Applicability and description of area. ing errors in RVSM airspace; 93.83 Aircraft operations. (b) Failing to make an effective and timely response to identify and correct an altitude- Subparts G–I [Reserved] keeping error; or (c) Failing to report an altitude-keeping Subpart J—Lorain County Regional Airport error. Traffic Rule Section 8. Airspace Designation 93.117 Applicability. 93.119 Aircraft operations. RVSM may be applied in the following ICAO Flight Information Regions (FIR’s): Subpart K—High Density Traffic Airports New York Oceanic, Gander Oceanic, Sondrestrom FIR, Reykjavik Oceanic, 93.121 Applicability. Shanwick Oceanic, and Santa Maria Oceanic. 93.123 High density traffic airports. RVSM may be effective in the Minimum 93.125 Arrival or departure reservation. Navigation Performance Specification 93.129 Additional operations.
263
VerDate 27
93.130 Suspension of allocations. SPECIAL FEDERAL AVIATION REGULATION 93.133 Exceptions. SFAR NO. 60 Subpart L [Reserved] EDITORIAL NOTE: For the text of SFAR No. Subpart M—Ketchikan International Airport 60, see part 91 of this chapter. Traffic Rule 93.151 Applicability. Subpart A—General 93.153 Communications. § 93.1 Applicability. 93.155 Aircraft operations. (a) This part prescribes special air- Subparts N–R [Reserved] port traffic patterns and airport traffic areas. It also prescribes special air Subpart S—Allocation of Commuter and traffic rules for operating aircraft in Air Carrier IFR Operations at High Den- those traffic patterns and traffic areas sity Traffic Airports and in the vicinity of airports de- scribed in this part. 93.211 Applicability. (b) Unless otherwise authorized by 93.213 Definitions and general provisions. ATC, each person operating an aircraft 93.215 Initial allocation of slots. shall do so in accordance with the spe- 93.217 Allocation of slots for international cial air traffic rules in this part in ad- operations and applicable limitations. dition to other applicable rules in part 93.219 Allocation of slots for essential air 91 of this chapter. service operations and applicable limita- tions. [Doc. No. 1580, 28 FR 6715, June 29, 1963, as 93.221 Transfer of slots. amended by Amdt. 93–10, 33 FR 4096, Mar. 2, 93.223 Slot withdrawal. 1968; Amdt. 93–15, 34 FR 2603, Feb. 26, 1969; 93.224 Return of slots. Amdt. 93–33, 41 FR 14879, Apr. 8, 1976; Amdt. 93–64, 56 FR 65662, Dec. 17, 1991] 93.225 Lottery of available slots. 93.226 Allocation of slots in low-demand pe- riods. Subparts B–C [Reserved] 93.227 Slot use and loss. Subpart D—Anchorage, Alaska, Subpart T—Washington National Airport Terminal Area Traffic Rules
93.251 Applicability. SOURCE: Docket No. 1580, 28 FR 6715, June 93.253 Nonstop operations. 29, 1963, unless otherwise noted.
Subpart U—Special Flight Rules in the Vi- § 93.51 Applicability. cinity of Grand Canyon National Park, This subpart prescribes the Anchor- AZ age, Alaska, Airport traffic area and special traffic patterns for that airport 93.301 Applicability. and other airports in the vicinity of 93.303 Definitions. Anchorage. It prescribes special air 93.305 Flight-free zones and flight corridors. traffic rules for that area and those 93.307 Minimum flight altitudes. patterns. In addition, it prescribes 93.309 General operating procedures. 93.311 Minimum terrain clearance. rules governing the operation of air- 93.313 Communications. craft in the vicinity of the airports de- 93.315 Commercial sightseeing flight oper- scribed herein. ations. 93.316 Commercial sightseeing limitations. § 93.53 Description of area. 93.317 Commercial sightseeing flight report- The Anchorage Airport traffic area is ing requirements. designated as that airspace extending APPENDIX TO SUBPART U—SPECIAL FLIGHT upward from the surface to, but not in- RULES IN THE VICINITY OF THE GRAND cluding, 3,000 feet MSL. It is bounded CANYON NATIONAL PARK, AZ by a line beginning at Point MacKenzie extending westerly along the bank of APPENDIX A TO PART 93—ANCHORAGE AIRPORT Knik Arm to a point intersecting an TRAFFIC AREA: TRAFFIC PATTERNS arc of five-statute-mile radius circle AUTHORITY: 49 U.S.C. 106(g), 40103, 40106, centered on the geographical center of 40109, 40113, 44502, 44514, 44701, 44719, 46301. Anchorage International Airport;
264
VerDate 12
thence counterclockwise along that arc (a) International segment. That area to its intersection with the new Seward lying within a line beginning at the Highway; thence northerly along the International Airport control tower ex- new Seward Highway to its intersec- tending northwesterly on a direct line tion with Tudor Road; thence easterly toward the substation to the airport along Tudor Road to its intersection traffic area boundary; thence counter- with Muldoon Road; thence northerly clockwise along the airport traffic area along Muldoon Road to a point one-half boundary to its intersection with statute mile south of Glenn Highway; International Airport Road; thence thence northeasterly along a line one- westerly along International Airport half statute mile east of and parallel to Road to the point of beginning. Glenn Highway to its intersection with (b) Merrill segment. That area lying a line one-half statute mile east of and within a line beginning at Point Mac- parallel to Bryant Airport runway 16/ Kenzie extending directly to the mouth 34; thence northeastward along this of Fish Creek; thence along Fish Creek line to its intersection with a point to Northern Lights Boulevard; thence which is lat. 61°17′15′′ N., long. 149 direct to the intersection of Tudor °37′10′′ W.; thence west to lat. 61°17′15′′ Road and the new Seward Highway; N., long. 149°42′25 ′′ W.; thence north- thence east and north along the airport west to lat. 61°19′12′′ N., long. 149°46′36 ′′ traffic area boundary to a point di- W.; thence via an arc of a five-statute- rectly east of the intersection of Glenn mile radius circle centered on the geo- Highway and Boniface Parkway; graphical center of Elmendorf Air thence due west on a direct line Force Base; thence counterclockwise through that intersection to Ship along this arc to its intersection with Creek; thence along Ship Creek to its the west bank of Knik Arm; thence mouth; thence on a direct line toward southerly along the west bank of Knik the center of Lake Lorraine to the air- Arm to the point of beginning. How- port traffic area boundary; thence ever, it does not include the following: counterclockwise along the airport (a) That airspace at and below 600 traffic area boundary to the point of feet MSL, north of a line beginning at beginning. the intersection of Farrell Road and (c) Lake Hood segment. That area the northeast boundary of the airport lying between the International seg- traffic area extending westerly along ment and the Merrill segment. Farrell Road to the east end of Sixmile (d) Elmendorf segment. That area lying Lake; thence along a line bearing on within a line beginning at the intersec- the middle of Lake Lorraine to the tion of the airport traffic area bound- boundary of the airport traffic area. ary with Loop Road, extending south- (b) That airspace at and below 600 erly along Loop Road to Davis High- feet MSL, south of a line beginning at way; thence due south to the north the intersection of the new Seward boundary of the Merrill segment; Highway and Dimond Boulevard ex- thence westward along the north tending westerly along Dimond Boule- boundary of the Merrill segment to the vard to Sand Lake Road thence due airport traffic area boundary; thence west to the boundary of the airport clockwise along the airport traffic area traffic area. boundary to the point of beginning. (c) [Reserved] (e) Bryant segment. That area lying (d) That airspace described as the east of the Elmendorf segment. ‘‘Bryant segment’’ in § 93.55(e), when the Bryant control tower is not in op- [Doc. No. 1580, 28 FR 6715, June 29, 1963, as amended by Amdt. 93–29, 39 FR 32552, Sept. 9, eration. 1974; Amdt. 93–51, 51 FR 18312, May 19, 1986] [Doc. No. 12425, 39 FR 32551, Sept. 9, 1974, as amended by Amdt. 93–51, 51 FR 18312, May 19, § 93.57 General rules: All segments. 1986] (a) Each person piloting an aircraft to, from or on an airport within the § 93.55 Subdivision of area. airport traffic area shall operate it ac- The Anchorage Airport traffic area is cording to the rules set forth in this subdivided as follows: section and § 93.59, § 93.61, § 93.63, § 93.65,
265
VerDate 27
or § 93.67, as applicable, unless other- tion) shall operate it at an altitude of wise authorized or required by ATC. at least 600 feet MSL until maneuver- (b) Each person piloting an airplane ing for a safe landing requires further shall conform to the flow of traffic descent. shown on the appropriate diagram in [Doc. No. 1580, 28 FR 6715, June 29, 1963, as appendix A. amended by Amdt. 93–51, 51 FR 18312, May 19, (c) Each person piloting a helicopter 1986 shall operate it in a manner avoiding the flow of airplanes. § 93.63 General rules: Merrill segment. (d) Except as provided in § 93.65 (d) (a) No person may pilot an aircraft at and (e), each person piloting an aircraft an altitude between 600 feet MSL and in the airport traffic area shall operate 2,000 feet MSL in that part of the seg- it only within the designated segment ment lying north of the midchannel of containing the airport of landing or Knik Arm. takeoff. (b) Each person piloting an airplane (e) Except as provided in § 93.63(d), at a speed of more than 105 knots with- each person piloting an aircraft shall in the segment (except that part de- maintain two-way radio communica- scribed in paragraph (a) of this section) tions with the control tower serving shall operate it at an altitude of at the segment containing the airport of least 1,200 feet MSL until maneuvering landing or takeoff. for a safe landing requires further de- [Doc. No. 1580, 28 FR 6715, June 29, 1963, as scent. amended by Amdt. 93–8, 30 FR 8568, July 7, (c) Each person piloting an airplane 1965; Amdt. 93–29, 39 FR 32552, Sept. 9, 1974] at a speed of 105 knots or less within the segment (except that part de- § 93.59 General rules: International scribed in paragraph (a) of this section) segment. shall operate it at an altitude of at (a) No person may pilot an aircraft at least 900 feet MSL until maneuvering an altitude between 1,200 feet MSL and for a safe landing requires further de- 2,000 feet MSL in that part of the seg- scent. ment lying north of the midchannel of (d) Whenever the Merrill control Knik Arm. tower is not operating, each person pi- (b) Each person piloting an airplane loting an aircraft within the segment at a speed of more than 105 knots with- shall maintain two-way radio commu- in the segment (except that part de- nication with the Anchorage Flight scribed in paragraph (a) of this section) Service Station. shall operate it at an altitude of at [Doc. No. 1580, 28 FR 6715, June 29, 1963, as least 1,600 feet MSL until maneuvering amended by Amdt. 93–6, 29 FR 15949, Dec. 1, for a safe landing requires further de- 1964; Amdt. 93–29, 39 FR 32552, Sept. 9, 1974] scent. (c) Each person piloting an airplane § 93.65 General rules: Elmendorf seg- at a speed of 105 knots or less within ment. the segment (except that part de- (a) Each person piloting a turbine- scribed in paragraph (a) of this section) powered airplane within the segment shall operate it at an altitude of at shall operate it at an altitude of at least 900 feet MSL until maneuvering least 1,700 feet MSL until maneuvering for a safe landing requires further de- for a safe landing requires further de- scent. scent. (b) Each person piloting an airplane § 93.61 General rules: Lake Hood seg- (other than turbine powered) at a speed ment. of more than 105 knots within the seg- (a) No person may pilot an aircraft at ment shall operate it at an altitude of an altitude between 1,200 feet MSL and at least 1,200 feet MSL until maneuver- 2,000 feet MSL in that part of the seg- ing for a safe landing requires further ment lying north of the midchannel of descent. Knik Arm. (c) Each person piloting an airplane (b) Each person piloting an airplane (other than turbine powered) at a speed within the segment (except that part of 105 knots or less within the segment described in paragraph (a) of this sec- shall operate it at an altitude of at
266
VerDate 27
least 700 feet MSL until maneuvering Subpart E [Reserved] for a safe landing requires further de- scent. Subpart F—Valparaiso, Florida, (d) A person landing or taking off an Terminal Area aircraft from Elmendorf Airport may operate it at an altitude between 1,500 § 93.81 Applicability and description of feet MSL and 1,700 feet MSL within area. those parts of the International and (a) This subpart prescribes the Lake Hood segments lying north of the Valparaiso, Florida Terminal Area, and midchannel of Knik Arm. the special air traffic rules for operat- (e) A person landing or taking off an ing aircraft within that Area. aircraft from Elmendorf Airport may (b) The Valparaiso, Florida Terminal operate it at an altitude between 900 Area is designated as follows: feet MSL and 1,700 feet MSL within (1) North-South Corridor. The North- that part of the Merrill segment lying South Corridor includes the airspace north of the midchannel of Knik Arm. extending upward from the surface up to, but not including, 18,000 feet MSL, § 93.67 General rules: Bryant segment. bounded by a line beginning at: (a) Each person piloting an airplane Latitude 30°42′51″ N., Longitude 86°38′02″ W.; within the segment shall operate it at to ° ′ ″ ° ′ ″ an altitude of at least 1,000 feet MSL Latitude 30 43 18 N., Longitude 86 27 37 W.; to until maneuvering for a safe landing Latitude 30°37′01″ N., Longitude 86°27′37″ W.; requires further descent. to (b) Whenever Bryant control tower is Latitude 30°37′01″ N., Longitude 86°25′30″ W.; not operating, each person piloting an to ° ′ ″ ° ′ ″ aircraft to or from the Bryant Airport Latitude 30 33 01 N., Longitude 86 25 30 W.; to shall conform to the flow of traffic Latitude 30°33′01″ N., Longitude 86°25′00″ W.; shown on the appropriate diagram in to appendix A of this part, and, while in Latitude 30°25′01″ N., Longitude 86°25′00″ W.; the traffic pattern, shall operate at an to altitude of at least 1,000 feet m.s.l. Latitude 30°25′01″ N., Longitude 86°38′12″ W.; until maneuvering for a safe landing to Latitude 30°29′02″ N., Longitude 86°38′02″ W.; requires further descent. to point of beginning. [Doc. No. 1580, 28 FR 6715, June 29, 1963, as (2) East-West Corridor—The East- amended by Amdt. 93–8, 30 FR 8568, July 7, West Corridor is divided into three sec- 1965] tions to accommodate the different al- titudes as portions of the corridor un- § 93.69 Special requirements, Lake derlie restricted areas R–2915C, R– Campbell and Sixmile Lake Air- 2919B, and R–2914B. ports. (i) The west section would include Each person piloting an aircraft to or that airspace extending upward from from Lake Campbell or Sixmile Lake the surface to but not including 8,500 Airport shall conform to the flow of feet MSL, bounded by a line beginning traffic for the Lake operations that are at: Latitude 30°22′47″ N., Longitude shown on the appropriate diagram in 86°51′30″ W.: then along the shoreline to appendix A. Latitude 30°23′46″ N., Longitude 86°38′15″ W.; to Latitude 30°20′51″ N., Longitude [Doc. No. 1580, 28 FR 6715, June 29, 1963, as 86°38′50″ W.; then 3 NM from and par- amended by Amdt. 93–8, 30 FR 8568, July 7, allel to the shoreline to Latitude 1965] 30°19′31″ N., Longitude 86°51′30″ W.; to the beginning.
267
VerDate 27
(ii) The center section would include Radar Control Facility or an appro- that airspace extending upward from priate FAA ATC facility and receives the surface to but not including 18,000 an ATC advisory concerning operations feet MSL, bounded by a line beginning being conducted therein; and at: (2) That person maintains two-way Latitude 30°25′01″ N., Longitude 86°38′12″ W.; radio communications with the Eglin to Radar Control Facility or an appro- Latitude 30°25′01″ N., Longitude 86°25′00″ W.; priate FAA ATC facility while within to the corridor. Latitude 30°25′01″ N., Longitude 86°22′26″ W.; to [Amdt. 93–70, 59 FR 46155, Sept. 6, 1994] Latitude 30°19′46″ N., Longitude 86°23′45″ W.; then 3 NM from and parallel to the shore- Subparts G—I [Reserved] line to Latitude 30°20′51″ N., Longitude 86°38′50″ W.; to Latitude 30°23′46″ N., Subpart J—Lorain County Longitude 86°38′15″ W.; to the beginning. Regional Airport Traffic Rule (iii) The east section would include § 93.117 Applicability. that airspace extending upward from the surface to but not including 8,500 This subpart prescribes a special air feet MSL, bounded by a line beginning traffic rule for the Lorain County Re- at: gional Airport, Lorain County, OH. Latitude 30°25′01″ N., Longitude 86°22′26″ W.; [Doc. No. 8669, 33 FR 11749, Aug. 20, 1968] to Latitude 30°22′01″ N., Longitude 86°08′00″ W.; § 93.119 Aircraft operations. to Each person piloting an airplane ° ′ ″ ° ′ ″ Latitude 30 19 16 N., Longitude 85 56 00 W.; landing at the Lorain County Regional to Latitude 30°11′01″ N., Longitude 85°56′00″ W.; Airport shall enter the traffic pattern then 3 NM from and parallel to the shore- north of the airport and shall execute a line to Latitude 30°19′46″ N., Longitude right traffic pattern for a landing to 86°23′45″ W.; to the beginning. the southwest or a left traffic pattern [Amdt. 93–70, 59 FR 46154, Sept. 6, 1994] for a landing to the northeast. Each person taking off from the airport shall § 93.83 Aircraft operations. execute a departure turn to the north (a) North-South Corridor. Unless oth- as soon as practicable after takeoff. erwise authorized by ATC (including [Doc. No. 8669, 33 FR 11749, Aug. 20, 1968] the Eglin Radar Control Facility), no person may operate an aircraft in Subpart K—High Density Traffic flight within the North-South Corridor Airports designated in § 93.81(b)(1) unless— (1) Before operating within the cor- § 93.121 Applicability. ridor, that person obtains a clearance from the Eglin Radar Control Facility This subpart designates high density or an appropriate FAA ATC facility; traffic airports and prescribes air traf- and fic rules for operating aircraft, other (2) That person maintains two-way than helicopters, to or from those air- radio communication with the Eglin ports. Radar Control Facility or an appro- [Doc. No. 9974, 35 FR 16592, Oct. 24, 1970, as priate FAA ATC facility while within amended by Amdt. 93–27, 38 FR 29464, Oct. 25, the corridor. 1973] (b) East-West Corridor. Unless other- wise authorized by ATC (including the § 93.123 High density traffic airports. Eglin Radar Control Facility), no per- (a) Each of the following airports is son may operate an aircraft in flight designated as a high density traffic air- within the East-West Corridor des- port and, except as provided in § 93.129 ignated in § 93.81(b)(2) unless— and paragraph (b) of this section, or (1) Before operating within the cor- unless otherwise authorized by ATC, is ridor, that person establishes two-way limited to the hourly number of allo- radio communications with Eglin cated IFR operations (takeoffs and
268
VerDate 27
landings) that may be reserved for the out regard to the limitation of 37 IFR specified classes of users for that air- reservations per hour. port: (4) The allocation of IFR reservations for air carriers except commuters at IFR OPERATIONS PER HOUR LaGuardia, Newark, O’Hare, and Wash- ington National Airports does not in- AIRPORT clude extra sections of scheduled Wash- flights. The allocation of IFR reserva- New- ington Class of user LaGuardia 4 O'Hare 2 3 Na- tions for scheduled commuters at ark tion- Washington National Airport does not 1 al include extra sections of scheduled Air carriers ...... 48 40 120 37 flights. These flights may be conducted Commuters ...... 14 10 25 11 without regard to the limitation upon Other ...... 6 10 10 12 the hourly IFR reservations at those airports. JOHN F. KENNEDY (5) Any reservation allocated to, but Air not taken by, air carrier operations car- Com- (except commuters) is available for a ri- mut- Other ers ers scheduled commuter operation. (6) Any reservation allocated to, but 1500 ...... 69 15 2 1600 ...... 74 12 2 not taken by, air carrier operations 1700 ...... 80 13 0 (except commuters) or scheduled com- 1800 ...... 75 10 2 muter operations is available for other 1900 ...... 63 12 2 operations. 1 Washington National Airport operations are subject to (c) For purposes of this subpart— modifications per Section 93.124. 2 The hour period in effect at O'Hare begins at 6:45 a.m. (1) The number of operations allo- and continues in 30-minute increments until 9:15 p.m. 3 Operations at O'Hare International Airport shall notÐ cated to air carriers except commuters, as (a) Except as provided in paragraph (c) of the note, exceed used in paragraph (a) of this section re- 62 for air carriers and 13 for commuters and 5 for ``other'' dur- ing any 30-minute period beginning at 6:45 a.m. and continu- fers to the number of operations con- ing every 30 minutes thereafter. ducted by air carriers with turboprop (b) Except as provided in paragraph (c) of the note, exceed more than 120 for air carriers, 25 for commuters, and 10 for and reciprocating engine aircraft hav- ``other'' in any two consecutive 30-minute periods. ing a certificated maximum passenger (c) For the hours beginning at 6:45 a.m., 7:45 a.m., 11:45 a.m., 7:45 p.m. and 8:45 p.m., the hourly limitations shall be seating capacity of 75 or more or with 105 for air carriers, 40 for commuters and 10 for ``other,'' and turbojet powered aircraft having a cer- the 30-minute limitations shall be 55 for air carriers, 20 for commuters and 5 for ``other.'' For the hour beginning at 3:45 tificated maximum passenger seating p.m., the hourly limitations shall be 115 for air carriers, 30 for capacity of 56 or more, or, if used for commuters and 10 for ``others'', and the 30-minute limitations shall be 60 for air carriers, 15 for commuters and 5 for cargo service in air transportation, ``other.'' 4 Operations at LaGuardia Airport shall notÐ with any aircraft having a maximum (a) Exceed 26 for air carriers, 7 for commuters and 3 for payload capacity of 18,000 pounds or ``other'' during any 30-minute period. (b) Exceed 48 for air carriers, 14 for commuters, and 6 for more. ``other'' in any two consecutive 30-minute periods. (2) The number of operations allo- (b) The following exceptions apply to cated to scheduled commuters, as used in the allocations of reservations pre- paragraph (a) of this section, refers to scribed in paragraph (a) Of this section. the number of operations conducted by (1) The allocations of resevations air carriers with turboprop and recip- among the several classes of users do rocating engine aircraft having a cer- not apply from 12 midnight to 6 a.m. tificated maximum passenger seating local time, but the totala hourly limi- capacity of less than 75 or by turbojet tation remains applicable. aircraft having a certificated maxi- (2) [Reserved] mum passenger seating capacity of less (3) The allocation of 37 IFR reserva- than 56, or, if used for cargo service in tions per hour for air carriers except air transportation, with any aircraft commuters at Washington National having a maximum payload capacity of Airport does not include charter less than 18,000 pounds. flights, or other nonscheduled flights of (3) Notwithstanding the provisions of scheduled or supplemental air carriers. paragraph (c)(2) of this section, a lim- These flights may be conducted with- ited number of operations allocated for
269
VerDate 27
‘‘scheduled commuters’’ under para- which the reservation is requested and graph (a) of this section may be con- the ceiling reported at the airport is at ducted with aircraft described in least 1,000 feet and the ground visi- § 93.221(e) of this part pursuant to the bility reported at the airport is at least requirements of § 93.221(e). 3 miles. (c) For the purpose of this section a [Doc. No. 9113, 34 FR 2603, Feb. 26, 1969, as amended by Amdt. 93–37, 45 FR 62408, Sept. scheduled operation to or from the high 18, 1980; Amdt. 93–44, 46 FR 58048, Nov. 27, density airport is any operation regu- 1981; Amdt. 93–46, 49 FR 8244, Mar. 6, 1984; larly conducted by an air carrier or Amdt. 93–57, 54 FR 34906, Aug. 22, 1989; 54 FR commuter between a high density air- 37303, Sept. 8, 1989; Amdt. 93–59, 54 FR 39843, port and another point regularly served Sept. 28, 1989; Amdt. 93–62, 56 FR 41207, Aug. by that operator unless the service is 19, 1991] conducted pursuant to irregular char- ter or hiring of aircraft or is a nonpas- § 93.125 Arrival or departure reserva- tion. senger flight. (d) An aircraft operator must obtain Except between 12 Midnight and 6 an IFR reservation in accordance with a.m. local time, no person may operate procedures established by the Adminis- an aircraft to or from an airport des- trator. For IFR flights to or from a ignated as a high density traffic air- high density airport, reservations for port unless he has received, for that op- takeoff and arrival shall be obtained eration, an arrival or departure res- prior to takeoff. ervation from ATC. [Doc. No. 9113, 34 FR 2603, Feb. 26, 1969, as [Doc. No. 9974, 37 FR 22794, Oct. 25, 1972] amended by Amdt. 93–25, 37 FR 22794, Oct. 25, 1972; Amdt. 93–44, 46 FR 58049, Nov. 27, 1981; § 93.129 Additional operations. Amdt. 93–46, 49 FR 8244, Mar. 6, 1984] (a) IFR. The operator of an aircraft may take off or land the aircraft under § 93.130 Suspension of allocations. IFR at a designated high density traf- The Administrator may suspend the fic airport without regard to the maxi- effectiveness of any allocation pre- mum number of operations allocated scribed in § 93.123 and the reservation for that airport if the operation is not requirements prescribed in § 93.125 if he a scheduled operation to or from a high finds such action to be consistent with density airport and he obtains a depar- the efficient use of the airspace. Such ture or arrival reservation, as appro- suspension may be terminated when- priate, from ATC. The reservation is ever the Administrator determines granted by ATC whenever the aircraft that such action is necessary for the ef- may be accommodated without signifi- ficient use of the airspace. cant additional delay to the operations allocated for the airport for which the [Doc. No. 9974, 35 FR 16592, Oct. 24, 1970, as amended by Amdt. 93–21, 35 FR 16636, Oct. 27, reservations is requested. 1970; Amdt. 93–27, 38 FR 29464, Oct. 25, 1973] (b) VFR. The operator of an aircraft may take off and land the aircraft § 93.133 Exceptions. under VFR at a designated high den- Except as provided in § 93.130, the pro- sity traffic airport without regard to visions of §§ 93.123 and 93.125 do not the maximum number of operations al- apply to— located for that airport if the operation (a) The Newark Airport, Newark, NJ; is not a scheduled operation to or from (b) The Kennedy International Air- a high density airport and he obtains a port, New York, NY, except during the departure or arrival reservation, as ap- hours from 3 p.m. through 7:59 p.m., propriate, from ATC. The reservation local time; and is granted by ATC whenever the air- (c) O’Hare International Airport from craft may be accommodated without 9:15 p.m. to 6:44 a.m., local time. significant additional delay to the op- erations allocated for the airport for [Doc. No. 24471, 49 FR 8244, Mar. 6, 1984]
270
VerDate 12
Subpart L [Reserved] onto the active runway on the airport or onto the movement area of Ketch- Subpart M—Ketchikan ikan Harbor and monitors the des- ignated frequency until outside the air- International Airport Traffic Rule space described in § 93.151 and an- nounces position and intentions upon SOURCE: Docket No. 14687, 41 FR 14879, Apr. departing that airspace. 8, 1976, unless otherwise noted. (c) Notwithstanding the provisions of § 93.151 Applicability. paragraphs (a) and (b) of this section, if two-way radio communications failure This subpart prescribes special air occurs in flight, a person may operate traffic rules and communications re- an aircraft within the airspace speci- quirements for persons operating air- fied in § 93.151, and land, if weather con- craft, under VFR— ditions are at or above basic VFR (a) To, from, or in the vicinity of the weather minimums. Ketchikan International Airport or Ketchikan Harbor. [Doc. No. 26653, 56 FR 48094, Sept. 23, 1991] (b) Within that airspace below 3,000 feet MSL within the lateral boundary § 93.155 Aircraft operations. of the surface area of the Ketchikan (a) When an advisory is received from Class E airspace regardless of whether the Ketchikan Flight Service Station that airspace is in effect. stating that an aircraft is on final ap- [Doc. No. 26653, 56 FR 48094, Sept. 23, 1991, as proach to the Ketchikan International amended by Amdt. 93–64, 58 FR 32839, June Airport, no person may taxi onto the 14, 1993] runway of that airport until the ap- proaching aircraft has landed and has § 93.153 Communications. cleared the runway. (a) When the Ketchikan Flight Serv- (b) Unless otherwise authorized by ice Station is in operation, no person ATC, each person operating a large air- may operate an aircraft within the air- plane or a turbine engine powered air- space specified in § 93.151, or taxi onto plane shall— the runway at Ketchikan International (1) When approaching to land at the Airport, unless that person has estab- Ketchikan International Airport, lished two-way radio communications maintain an altitude of at least 900 feet with the Ketchikan Flight Service Sta- MSL until within three miles of the tion for the purpose of receiving traffic airport; and advisories and continues to monitor (2) After takeoff from the Ketchikan the advisory frequency at all times International Airport, maintain run- while operating within the specified way heading until reaching an altitude airspace. of 900 feet MSL. (b) When the Ketchikan Flight Serv- ice Station is not in operation, no per- son may operate an aircraft within the Subparts N–R [Reserved] airspace specified in § 93.151, or taxi onto the runway at Ketchikan Inter- Subpart S—Allocation of Com- national Airport, unless that person muter and Air Carrier IFR Op- continuously monitors and commu- erations at High Density Traffic nicates, as appropriate, on the des- ignated common traffic advisory fre- Airports quency as follows: (1) For inbound flights. Announces po- SOURCE: Docket No. 24105, 50 FR 52195, Dec. sition and intentions when no less than 20, 1985, unless otherwise noted. 10 miles from Ketchikan International Airport, and monitors the designated § 93.211 Applicability. frequency until clear of the movement (a) This subpart prescribes rules ap- area on the airport or Ketchikan Har- plicable to the allocation and with- bor. drawal of IFR operational authority (2) For departing flights. Announces (takeoffs and landings) to individual position and intentions prior to taxiing air carriers and commuter operators at
271
VerDate 27
the High Density Traffic Airports iden- commuter operator, or person. In addi- tified in subpart K of this part except tion, if a single company has more for Newark Airport. than a 50-percent ownership or control (b) This subpart also prescribes rules of two or more air carriers and/or com- concerning the transfer of allocated muter operators or any combination IFR operational authority and the use thereof, those air carriers and/or com- of that authority once allocated. muter operators shall be considered to be a single operator. A single operator § 93.213 Definitions and general provi- sions. may be considered to be both an air carrier and commuter operator for pur- (a) For purposes of this subpart— poses of this subpart. (1) New entrant carrier means a com- muter operator or air carrier which [Doc. No. 24105, 50 FR 52195, Dec. 20, 1985, as does not hold a slot at a particular air- amended by Amdt. 93–52, 51 FR 21717, June port and has never sold or given up a 13, 1986; Amdt. 93–57, 54 FR 34906, Aug. 22, slot at that airport after December 16, 1989; 54 FR 37303, Sept. 8, 1989; Amdt. 93–65, 57 1985. FR 37314, Aug. 18, 1992] (2) Slot means the operational author- ity to conduct one IFR landing or take- § 93.215 Initial allocation of slots. off operation each day during a specific (a) Each air carrier and commuter hour or 30 minute period at one of the operator holding a permanent slot on High Density Traffic Airports, as speci- December 16, 1985, as evidenced by the fied in subpart K of this part. records of the air carrier and com- (3) Summer season means the period of muter operator scheduling committees, time from the first Sunday in April shall be allocated those slots subject to until the last Sunday in October. withdrawal under the provisions of this (4) Winter season means the period of subpart. The Chief Counsel of the FAA time from the last Sunday in October shall be the final decisionmaker for until the first Sunday in April. initial allocation determinations. (5) Limited incumbent carrier means an (b) Any permanent slot whose use on air carrier or commuter operator that December 16, 1985 is divided among dif- holds or operates fewer than 12 air car- rier or commuter slots, in any com- ferent operators, by day of the week, or bination, at a particular airport, not otherwise, as evidenced by records of including international slots, Essential the scheduling committees, shall be al- Air Service Program slots, or slots be- located in conformity with those tween the hours of 2200 and 0659 at records. The Chief Counsel of the FAA Washington National Airport or shall be the final decisionmaker for LaGuardia Airport. However, for the these determinations. purposes of this paragraph (a)(5), the (c) A carrier may permanently des- carrier is considered to hold the num- ignate a slot it holds at Kennedy Inter- ber of slots at that airport that the national Airport as a seasonal slot, to carrier has, since December 16, 1985: be held by the carrier only during the (i) Returned to the FAA; corresponding season in future years, if (ii) Had recalled by the FAA under it notifies the FAA (at the address § 93.227(a); or specified in § 93.225(e)), in writing, the (iii) Transferred to another party preceding winter seasons or by October other than by trade for one or more 15 of the preceding year for summer slots at the same airport. seasons. (b) The definitions specified in sub- (d) Within 30 days after December 16, part K of this part also apply to this 1985, each U.S. air carrier and com- subpart. muter operator must notify the office (c) For purposes of this subpart, if an specified in § 93.221(a)(1), in writing, of air carrier, commuter operator, or other person has more than a 50-per- those slots used for operations de- cent ownership or control of one or scribed in § 93.217(a)(1) on December 16, more other air carriers, commuter op- 1985. erators, or other persons, they shall be (e) Any slot not held by an operator considered to be a single air carrier, on December 16, 1985 shall be allocated
272
VerDate 27
in accordance with the provisions of FAA determines that the slot had been §93.217, 93.219 or 93.225 of this subpart. permanently allocated to and used by the requesting carrier in the same hour [Doc. No. 24105, 50 FR 52195, Dec. 20, 1985, as amended by Amdt. 93–52, 51 FR 21717, June and for the same time period during 13, 1986] the corresponding season of the preced- ing year. Requests for such slots must § 93.217 Allocation of slots for inter- be submitted to the office specified in national operations and applicable § 93.221(a)(1) by May 15 for operations to limitations. be conducted during the following win- (a) Any air carrier or commuter oper- ter season and by October 15 for the ator having the authority to conduct following summer season. For oper- international operations shall be pro- ations during the 1986 summer season, vided slots for those operations subject requests under this paragraph must to the following conditions and the have been submitted to the FAA on or other provisions of this section: before February 1, 1986. Each carrier (1) The slot may be used only for a requesting a slot under this paragraph flight segment in which either the must submit its entire international takeoff or landing is at a foreign point schedule at the relevant airport for the or, for foreign operators, the flight seg- particular season, noting which re- ment is a continuation of a flight that quests are in addition to or changes begins or ends at a foreign point. Slots from the previous year. may be obtained and used under this (6) Except as provided in paragraph section only for operations at Kennedy (a)(10) of this section, additional slots and O’Hare airports unless otherwise shall be allocated at O’Hare Airport for required by bilateral agreement and international scheduled air carrier and only for scheduled service unless the commuter operations (beyond those requesting carrier qualifies for the slot slots allocated under § 93.215 and on the basis of historic seasonal oper- § 93.217(a)(5)) if a request is submitted ations, under § 93.217(a)(5). to the office specified in § 93.221(a)(1) by (2) Slots used for an operation de- May 15 for operations to commence scribed in paragraph (a)(1) of this sec- during the following winter season and tion may not be bought, sold, leased, or by October 15 for operations to com- otherwise transferred, except that such mence during the following summer a slot may be traded to another slot- season. These slots will be allocated at holder on a one-for-one basis for a slot the time requested unless a slot is at the same airport in a different hour available within one hour of the re- or half-hour period if the trade is for quested time, in which case the the purpose of conducting such an op- unallocated slot will be used to satisfy eration in a different hour or half-hour the request. period. (7) If required by bilateral agree- (3) Slots used for operations de- ment, additional slots shall be allo- scribed in paragraph (a)(1) of this sec- cated at LaGuardia Airport for inter- tion must be returned to the FAA if national scheduled passenger oper- the slot will not be used for such oper- ations within the hour requested. ations for more than a 2-week period. (8) To the extent vacant slots are (4) Each air carrier or commuter op- available, additional slots during the erator having a slot that is used for op- high-density hours shall be allocated at erations described in paragraph (a)(1) Kennedy Airport for new international of this section but is not used every scheduled air carrier and commuter op- day of the week shall notify the office erations (beyond those operations for specified in § 93.221(a)(1) in writing of which slots have been allocated under those days on which the slots will not §§ 93.215 and 93.217(a)(5)), if a request is be used. submitted to the office specified in (5) Except as provided in paragraph § 93.221(a)(1) by May 15 for operations to (a)(10) of this section, at Kennedy and commence during the following winter O’Hare Airports, a slot shall be allo- season and by October 15 for operations cated, upon request, for seasonal inter- to commence during the following national operations, including charter summer season. In addition, slots may operations, if the Chief Counsel of the be withdrawn from domestic operations
273
VerDate 27
for operations at Kennedy Airport (d) The Office of the Secretary of under this paragraph if required by Transportation reserves the right not international obligations. to apply the provisions of this section, (9) In determining the hour in which concerning the allocation of slots, to a slot request under §§ 93.217(a)(6) and any foreign air carrier or commuter op- 93.217(a)(8) will be granted, the follow- erator of a country that provides slots ing will be taken into consideration, to U.S. air carriers and commuter oper- among other things: ators on a basis more restrictive than (i) The availability of vacant slot provided by this subpart. Decisions not times; to apply the provisions of this section (ii) International obligations; will be made by the Office of the Sec- (iii) Airport terminal capacity, in- retary of Transportation. cluding facilities and personnel of the (e) Each request for slots under this U.S. Customs Service and the U.S. Im- section shall state the airport, days of migration and Naturalization Service; the week and time of the day of the de- (iv) The extent and regularity of in- sired slots and the period of time the tended use of a slot; and (v) Schedule constraints of carriers slots are to be used. Each request shall requesting slots. identify whether the slot is requested (10) At O’Hare Airport, a slot will not under paragraph (a)(5), (6), or (8) and be allocated under this section to a identify any changes from the previous carrier holding or operating 100 or year if requested under both para- more permanent slots on the previous graphs. The request must be accom- May 15 for a winter season or October panied by a certified statement signed 15 for a summer season unless: by an officer of the operator indicating (i) Allocation of the slot does not re- that the operator has or has contracted sult in a total allocation to that car- for aircraft capable of being utilized in rier under this section that exceeds the using the slots requested and that the number of slots allocated to and sched- operator has bona fide plans to use the uled by that carrier under this section requested slots for operations described on February 23, 1990, and does not ex- in paragraph (a). ceed by more than 2 the number of slots allocated to and scheduled by [Doc. No. 24105, 51 FR 21717, June 13, 1986, as that carrier during any half hour of amended by Amdt. 93–61, 55 FR 53243, Dec. 27, 1990; 56 FR 1059, Jan. 10, 1991] that day, or (ii) Notwithstanding the number of § 93.219 Allocation of slots for essential slots allocated under paragraph air service operations and applica- (a)(10)(i) of this section, a slot is avail- ble limitations. able for allocation without withdrawal of a permanent slot from any carrier. Whenever the Office of the Secretary (b) If a slot allocated under § 93.215 of Transportation determines that was scheduled for an operation de- slots are needed for operations to or scribed in paragraph (a)(1) of this sec- from a High Density Traffic Airport tion on December 16, 1985, its use shall under the Department of Transpor- be subject to the requirements of para- tation’s Essential Air Service (EAS) graphs (a)(1) through (a)(4) of this sec- Program, those slots shall be provided tion. The requirements also apply to to the designated air carrier or com- slots used for international operations muter operator subject to the following at LaGuardia Airport. limitations: (c) If a slot is offered to a carrier in (a) Slots obtained under this section other than the hour requested, the car- may not be bought, sold, leased or oth- rier shall have 14 days after the date of erwise transferred, except that such the offer to accept the newly offered slots may be traded for other slots on a slot. Acceptance must be in writing one-for-one basis at the same airport. and sent to the office specified in (b) Any slot obtained under this sec- § 93.221(a)(1) and must repeat the cer- tion must be returned to the FAA if it tified statements required by para- will not be used for EAS purposes for graph (e) of this section.
274
VerDate 27
more than a 2-week period. A slot re- (2) The slot transferred must come turned under this paragraph may be re- from the transferor’s then-current allocated to the operator which re- FAA-approved base. turned it upon request to the FAA of- (3) Written evidence of each transfer- fice specified in § 93.221(a)(1) if that slot or’s consent to the transfer must be has not been reallocated to an operator provided to the FAA. to provide substitute essential air serv- (4) The recipient of a transferred slot ice. may not use the slot until written con- (c) Slots shall be allocated for EAS firmation has been received from the purposes in a time period within 90 FAA. minutes of the time period requested. (5)(i) Until a slot obtained by a new (d) The Department will not honor entrant or limited incumbent carrier in requests for slots for EAS purposes to a a lottery held under § 93.225 after June point if the requesting carrier has pre- 1, 1991, has been used by the carrier viously traded away or sold slots it had that obtained it for a continuous 24- used or obtained for use in providing month period after the lottery in ac- essential air service to that point. cordance with § 93.227(a), that slot may (e) Slots obtained under Civil Aero- be transferred only by trade for one or nautics Board Order No. 84–11–40 shall more slots at the same airport or to be considered to have been obtained other new entrant or limited incum- under this section. bent carriers under § 93.221(a)(5)(iii). § 93.221 Transfer of slots. This transfer restriction shall apply to the same extent to any slot or slots ac- (a) Except as otherwise provided in quired by trading the slot obtained in a this subpart, effective April 1, 1986, lottery. To remove the transfer restric- slots may be bought, sold or leased for tion, documentation of 24 months’ con- any consideration and any time period tinuous use must be submitted to the and they may be traded in any com- FAA Office of the Chief Counsel. bination for slots at the same airport or any other high density traffic air- (ii) Failure to use a slot acquired by port. Transfers, including leases, shall trading a slot obtained in a lottery for comply with the following conditions: a continuous 24-month period after the (1) Requests for confirmation must be lottery, shall void all trades involving submitted in writing to Slot Adminis- the lottery slot, which shall be re- tration Office, AGC–230, Office of the turned to the FAA. All use of the lot- Chief Counsel, Federal Aviation Ad- tery slot shall be counted toward ful- ministration, 800 Independence Ave., filling the minimum use requirements SW., Washington, DC 20591, in a format under § 93.227(a) applicable to the slot to be prescribed by the Administrator. or slots for which the lottery slot was Requests will provide the names of the traded, including subsequent trades. transferor and recipient; business ad- (iii) Slots obtained by new entrant or dress and telephone number of the per- limited incumbent carriers in a lottery sons representing the transferor and may be sold, leased, or otherwise trans- recipient; whether the slot is to be used ferred to another entrant or limited in- for an arrival or departure; the date cumbent carrier after a minimum of 60 the slot was acquired by the transferor; days of use by the obtaining carrier. the section of this subpart under which The transfer restrictions of the slot was allocated to the trans- § 93.221(a)(5)(i) shall continue to apply feror; whether the slot has been used to the slot until documentation of 24 by the transferor for international or months’ continuous use has been sub- essential air service operations; and mitted and the transfer restriction re- whether the slot will be used by the re- moved. cipient for international or essential (6) The Office of the Secretary of air service operations. After with- Transportation must determine that drawal priorities have been established the transfer will not be injurious to the under § 93.223 of this part, the requests essential air service program. must include the slot designations of (b) A record of each slot transfer the transferred slots as described in shall be kept on file by the office speci- § 93.223(b)(5). fied in paragraph (a)(1) of this section
275
VerDate 27
and will be made available to the pub- that operation without planned wait- lic upon request. ing time. (c) Any person may buy or sell slots (5) For the purposes of this paragraph and any air carrier or commuter may (e), notice to ATC shall be submitted in use them. Notwithstanding § 93.123, air writing to: Director, Air Traffic Sys- carrier slots may be used with aircraft tem Management, ATM–1, Federal of the kind described in § 93.123 (c)(1) or Aviation Administration, 800 Independ- (c)(2) but commuter slots may only be ence Avenue SW., Washington, DC used with aircraft of the kind described 20591. in § 93.0123(c)(2). (d) Air carriers and commuter opera- [Doc. No. 24105, 50 FR 52195, Dec. 20, 1985, as tors considered to be a single operator amended by Amdt. 93–52, 51 FR 21717, June under the provisions of § 93.213(c) of 13, 1986; Amdt. 93–58, 54 FR 39293, Sept. 25, this subpart but operating under sepa- 1989; Amdt. 93–62, 56 FR 41208, Aug. 19, 1991; rate names shall report transfers of Amdt. 93–65, 57 FR 37314, Aug. 18, 1992; Amdt. slots between them. 93–68, 58 FR 39616, July 23, 1993] (e) Notwithstanding § 93.123(c)(2) of this part, a commuter slot at O’Hare § 93.223 Slot withdrawal. International Airport may be used with (a) Slots do not represent a property an aircraft described in § 93.123(c)(1) of right but represent an operating privi- this part on the following conditions: lege subject to absolute FAA control. (1) Air carrier aircraft that may be Slots may be withdrawn at any time to operated under this paragraph are lim- fulfill the Department’s operational ited to aircraft: needs, such as providing slots for inter- (i) Having an actual seating configu- national or essential air service oper- ration of 110 or fewer passengers; and ations or eliminating slots. Before (ii) Having a maximum certificated takeoff weight of less than 126,000 withdrawing any slots under this sec- pounds. tion to provide them for international (2) No more than 50 percent of the operations, essential air services or total number of commuter slots held other operational needs, those slots re- by a slot holder at O’Hare Inter- turned under § 93.224 of this part and national Airport may be used with air- those recalled by the agency under craft described in paragraph (e)(1) of § 93.227 will be allocated. this section. (b) Separate slot pools shall be estab- (3) An air carrier or commuter opera- lished for air carriers and commuter tor planning to operate an aircraft de- operators at each airport. The FAA scribed in paragraph (e)(1) of this sec- shall assign, by random lottery, with- tion in a commuter slot shall notify drawal priority numbers for the recall ATC at least 75 days in advance of the priority of slots at each airport. Each planned start date of such operation. additional permanent slot, if any, will The notice shall include the slot num- be assigned the next higher number for ber, proposed time of operation, air- air carrier or commuter slots, as appro- craft type, aircraft series, actual air- craft seating configuration, and priate, at each airport. Each slot shall planned start date. ATC will approve or be assigned a designation consisting of disapprove the proposed operation no the applicable withdrawal priority later than 45 days prior to the planned number; the airport code; a code indi- start date. If an operator does not ini- cating whether the slot is an air car- tiate operation of a commuter slot rier or commuter operator slot; and the under this section within 30 days of the time period of the slot. The designation planned start date first submitted to shall also indicate, as appropriate, if the FAA, the ATC approval for that op- the slot is daily or for certain days of eration will expire. That operator may the week only; is limited to arrivals or file a new or revised notice for the departures; is allocated for inter- same half-hour slot time. national operations or for EAS pur- (4) An operation may not be con- poses; and, at Kennedy International ducted under paragraph (e)(1) of this Airport, is a summer or winter slot. section unless a gate is available for
276
VerDate 27
(c) Whenever slots must be with- held or operated at the airport by the drawn, they will be withdrawn in ac- surviving entity would exceed 12 slots. cordance with the priority list estab- [Doc. No. 24105, 50 FR 52195, Dec. 20, 1985, as lished under paragraph (b) of this sec- amended by Amdt. 93–52, 51 FR 21718, June tion, except: 13, 1986; Amdt. 93–57, 54 FR 34906, Aug. 22, (1) Slots obtained in a lottery held 1989; Amdt. 93–65, 57 FR 37314, Aug. 18, 1992] pursuant to § 93.225 of this part shall be § 93.224 Return of slots. subject to withdrawal pursuant to paragraph (i) of that section, and (a) Whenever a slot is required to be (2) Slots necessary for international returned under this subpart, the holder and essential air service operations must notify the office specified in § 93.221(a)(1) in writing of the date after shall be exempt from withdrawal for which the slot will not be used. use for other international or essential (b) Slots may be voluntarily returned air service operations. for use by other operators by notifying (3) Except as provided in § 93.227(a), the office specified in § 93.221(a)(1) in the FAA shall not withdraw slots held writing. at an airport by an air carrier or com- muter operator holding and operating § 93.225 Lottery of available slots. 12 or fewer slots at that airport (ex- (a) Whenever the FAA determines cluding slots used for operations de- that sufficient slots have become avail- scribed in § 93.212(a)(1)), if withdrawal able for distribution for purposes other would reduce the number of slots held than international or essential air below the number of slots operated. service operations, but generally not (d) The following withdrawal priority more than twice a year, they shall be rule shall be used to permit application allocated in accordance with the provi- of the one-for-one trade provisions for sions of this section. international and essential air service (b) A random lottery shall be held to slots and the slot withdrawal provi- determine the order of slot selection. (c) Slot allocation lotteries shall be sions where the slots are needed for held on an airport-by-airport basis other than international or essential with separate lotteries for air carrier air service operations. If an operator and commuter operator slots. The slots has more than one slot in a specific to be allocated in each lottery will be time period in which it also has a slot each unallocated slot not necessary for being used for international or essen- international or Essential Air Service tial air service operations, the inter- Program operations, including any slot national and essential air service slots created by an increase in the operating will be considered to be those with the limits set forth in § 93.123(a). lowest withdrawal priority. (d) The FAA shall publish a notice in (e) The operator(s) using each slot to the FEDERAL REGISTER announcing any be withdrawn shall be notified by the lottery dates. The notice may include FAA of the withdrawal and shall cease special procedures to be in effect for operations using that slot on the date the lotteries. indicated in the notice. Generally, the (e) Participation in a lottery is open FAA will provide at least 30 days after to each U.S. air carrier or commuter operator operating at the airport and notification for the operator to cease providing scheduled passenger service operations unless exigencies require a at the airport. Any U.S. carrier that is shorter time period. not operating scheduled service at the (f) For 24 months following a lottery airport and has not failed to operate held after June 1, 1991, a slot acquired slots obtained in the previous lottery, in that lottery shall be withdrawn by or slots traded for those obtained by the FAA upon the sale, merger, or ac- lottery, but wishes to initiate sched- quisition of more than 50 percent own- uled passenger service at the airport, ership or control of the carrier using shall be included in the lottery if that that slot or one acquired by trade of operator notifies, in writing, the Slot that slot, if the resulting total of slots Administration Office, AGC–230, Office
277
VerDate 27
of the Chief Counsel, Federal Aviation signed a withdrawal number pre- Administration, 800 Independence Ave- viously. nue SW., Washington, DC 20591. The no- [Doc. No. 24105, 50 FR 52195, Dec. 20, 1985, as tification must be received 15 days amended by Amdt. 93–52, 51 FR 21718, June prior to the lottery date and state 13, 1986; Amdt. 93–58, 54 FR 39293, Sept. 25, whether there is any common owner- 1989; Amdt. 93–65, 57 FR 37314, Aug. 18, 1992; 57 ship or control of, by, or with any FR 47993, Oct. 21, 1992] other air carrier or commuter operator as defined in § 93.213(c). New entrant § 93.226 Allocation of slots in low-de- and limited incumbent carriers will be mand periods. permitted to complete their selections (a) If there are available slots in the before participation by other incum- following time periods and there are no bent carriers is initiated. pending requests for international or (f) At the lottery, each operator must EAS operations at these times, FAA make its selection within 5 minutes will allocate slots upon request on a after being called or it shall lose its first-come, first-served basis, as set turn. If capacity still remains after forth in this section: each operator has had an opportunity (1) Any period for which a slot is to select slots, the allocation sequence available less than 5 days per week. will be repeated in the same order. An (2) Any time period for which a slot operator may select any two slots is available for less than a full season. available at the airport during each se- (3) For LaGuardia and Washington quence, except that new entrant car- National Airports: riers may select four slots, if available, (i) 6:00 a.m.–6:59 a.m. in the first sequence. (ii) 10:00 p.m.–midnight. (g) To select slots during a slot lot- (b) Slots will be allocated only to op- tery session, a carrier must have ap- erators with the economic and operat- propriate economic authority for ing authority and aircraft required to scheduled passenger service under Title use the slots. IV of the Federal Aviation Act of 1958, (c) Requests for allocations under as amended (49 U.S.C. App. 1371 et seq.), this section shall be submitted in writ- and must hold FAA operating author- ing to the address listed in § 93.221(a)(1) ity under part 121 or part 135 of this and shall identify the request as made chapter as appropriate for the slots the under this section. operator seeks to select. (d) The FAA may deny requests made (h) During the first selection se- under this section after a determina- quence, 25 percent of the slots available tion that all remaining slots in a par- but no less than two slots shall be re- ticular category should be distributed served for selection by new entrant by lottery. carriers. If new entrant carriers do not (e) Slots may be allocated on a sea- select all of the slots set aside for new sonal or temporary basis under this entrant carriers, limited incumbent provision. carriers may select the remaining slots. If every participating new en- [Doc. No. 24105, 51 FR 21718, June 13, 1986] trant carrier and limited incumbent carrier has ceased selection of avail- § 93.227 Slot use and loss. able slots or has obtained 12 slots at (a) Except as provided in paragraphs that airport, other incumbent carriers (b), (c), (d), (g), and (l) of this section, may participate in selecting the re- any slot not utilized 80 percent of the maining slots; however, slots selected time over a 2-month period shall be re- by non-limited incumbent carriers will called by the FAA. be allocated only until the date of the (b) Paragraph (a) of this section does next lottery. not apply to slots obtained under (i) Slots obtained under this section § 93.225 of this part during: shall retain their withdrawal priority (1) The first 90 days after they are al- as established under § 93.223. If the slot located to a new entrant carrier; or is newly created, a withdrawal priority (2) The first 60 days after they are al- shall be assigned. That priority number located to a limited incumbent or shall be higher than any other slot as- other incumbent carrier.
278
VerDate 27
(c) Paragraph (a) of this section does (e) Persons having slots withdrawn not apply to slots of an operator forced pursuant to paragraph (a) of this sec- by a strike to cease operations using tion must cease all use of those slots those slots. upon receipt of notice from the FAA. (d) In the case of a carrier that files (f) Persons holding slots but not for protection under the Federal bank- using them pursuant to the provisions ruptcy laws and has not received a No- of paragraphs (b), (c) and (d) may lease tice of Withdrawal from the FAA for those slots for use by others. A slot ob- the subject slot or slots, paragraph (a) tained in a lottery may not be leased of this section does not apply: after the expiration of the applicable (1) During a period after the initial time period specified in paragraph (b) petition in bankruptcy, to any slot of this section unless it has been oper- held or operated by that carrier, for: ated for a 2-month period at least 65 (i) 60 days after the carrier files the percent of the time by the operator initial petition in bankruptcy; and which obtained it in the lottery. (ii) 30 days after the carrier, in an- (g) This section does not apply to ticipation of transferring slots, sub- slots used for the operations described mits information to a Federal govern- in § 93.217(a)(1) except that a U.S. air ment agency in connection with a stat- carrier or commuter operator required utory antitrust, economic impact, or to file a report under paragraph (i) of similar review of the transfer, provided this section shall include all slots oper- that the information is submitted more ated at the airport, including slots de- than 30 days after filing the initial pe- scribed in § 93.217(a)(1). tition in bankruptcy, and provided fur- (h) Within 30 days after an operator ther that any slot to be transferred has files for protection under the Federal not become subject to withdrawal bankruptcy laws, the FAA shall recall under any other provision of this any slots of that operator, if—(1) the § 93.227; and slots were formerly used for essential air service and (2) the Office of the Sec- (2) During a period after a carrier retary of Transportation determines ceases operations at an airport, to any those slots are required to provide sub- slot held or operated by that carrier at stitute essential air service to or from that airport, for: the same points. (i) 30 days after the carrier ceases op- (i) Every air carrier and commuter erations at that airport, provided that operator or other person holding a slot the slot has not become subject to at a high density airport shall, within withdrawal under any other provision 14 days after the last day of the 2- of this § 93.227; and month period beginning January 1, (ii) 30 days after the parties to a pro- 1986, and every 2 months thereafter, posed transfer of any such slot comply forward, in writing, to the address with requests for additional informa- identified in § 93.221(a)(1), a list of all tion by a Federal government agency slots held by the air carrier, commuter in connection with an antitrust, eco- operator or other person along with a nomic impact, or similar investigation listing of which air carrier or com- of the transfer, provided that— muter operator actually operated the (A) The original notice of the trans- slot for each day of the 2-month period. fer is filed with the Federal agency The report shall identify the flight within 30 days after the carrier ceases number for which the slot was used and operation at the airport; the equipment used, and shall identify (B) The request for additional infor- the flight as an arrival or departure. mation is made within 10 days of the The report shall identify any common filing of the notice by the carrier; ownership or control of, by, or with (C) The carrier submits the addi- any other carrier as defined in tional information to the Federal agen- § 93.213(c) of this subpart. The report cy within 15 days of the request by shall be signed by a senior official of such agency; and the air carrier or commuter operator. (D) Any slot to be transferred has not If the slot is held by an ‘‘other person,’’ become subject to withdrawal under the report must be signed by an official any other provision of this § 93.227. representative.
279
VerDate 27
(j) The Chief Counsel of the FAA may Subpart U—Special Flight Rules in waive the requirements of paragraph the Vicinity of Grand Canyon (a) of this section in the event of a National Park, AZ highly unusual and unpredictable con- dition which is beyond the control of the slot-holder and which exists for a SOURCE: Doc. No. 28537, 61 FR 69330, Dec. 31, 1996, unless otherwise noted. period of 9 or more days. Examples of conditions which could justify waiver § 93.301 Applicability. under this paragraph are weather con- ditions which result in the restricted This subpart prescribes special oper- operation of an airport for an extended ating rules for all persons operating period of time or the grounding of an aircraft in the following airspace, des- aircraft type. ignated as the Grand Canyon National (k) The Chief Counsel of the FAA Park Special Flight Rules Area: That may, upon request, grant a waiver from airspace extending from the surface up the requirements of paragraph (a) of to but not including 18,000 feet MSL this section for a slot used for the do- within an area bounded by a line begin- ° ′ ″ ° ′ ″ mestic segment of an intercontinental ning at Lat. 35 55 12 N., Long. 112 04 05 ° ′ ″ all-cargo flight. To qualify for a waiv- W.; east to Lat. 35 55 38 N., Long. ° ′ ″ ° ′ ″ er, a carrier must operate the slot a 111 42 12 W.; north to Lat. 36 16 47 N., ° ′ ″ ° ′ ″ substantial percentage of the time and Long. 111 42 17 W.; to Lat. 36 24 49 N., ° ′ ″ ° ′ ″ must return the slot to the FAA in ad- Long. 111 47 45 W.; to Lat. 36 52 23 N., ° ′ ″ vance for the time periods it will not Long. 111 33 10 W.; west-northwest to ° ′ ″ ° ′ ″ be used. Lat. 36 53 37 N., Long. 111 38 29 W.; ° ′ ″ (l) The FAA will treat as used any southwest to Lat. 36 35 02 N., Long. ° ′ ″ ° ′ ″ slot held by a carrier at a High Density 111 53 28 W.; to Lat. 36 21 30 N., Long. ° ′ ″ Traffic Airport on Thanksgiving Day, 112 00 03 W.; west-northwest to Lat. ° ′ ″ ° ′ ″ the Friday following Thanksgiving 36 30 30 N., Long. 112 35 59 W.; south- ° ′ ″ ° ′ ″ Day, and the period from December 24 west to Lat. 36 24 46 N., Long. 112 51 10 through the first Saturday in January. W.; thence west along the boundary of Grand Canyon National Park (GCNP) [Doc. No. 24105, 50 FR 52195, Dec. 20, 1985, as to Lat. 36°14′08″ N., Long. 113°10′07″ W.; amended by Amdt. 93–52, 51 FR 21718, June west-southwest to Lat. 36°09′50″ N., 13, 1986; Amdt. 93–65, 57 FR 37315, Aug. 18, Long. 114°01′53″ W.; southeast to Lat. 1992; Amdt. 93–71, 59 FR 58771, Nov. 15, 1994] 36°06′24″ N., Long. 113°58′46″ W.; thence south along the boundary of GCNP to Subpart T—Washington National Lat. 36°00′23″ N., Long. 113°54′11″ W.; Airport Traffic Rules northeast to Lat. 36°02′14″ N., Long. 113°50′16″ W.; to Lat. 36°02′16″ N., Long. SOURCE: Docket No. 25143, 51 FR 43587, Dec. 113°48′08″ W.; thence southeast along 3, 1986, unless otherwise noted. the boundary of GCNP to Lat. 35°58′09″ N., Long. 113°45′04″ W.; southwest to § 93.251 Applicability. Lat. 35°54′48″ N., Long. 113°50′24″ W.; This subpart prescribes rules applica- southeast to Lat. 35°41′01″ N., Long. ble to the operation of aircraft to or 113°35′27″ W.; thence clockwise via the from Washington National Airport. 4.2-nautical mile radius of the Peach Springs VORTAC to Lat. 35°28′53″ N., § 93.253 Nonstop operations. Long. 113°27′49″ W.; northeast to Lat. No person may operate an aircraft 35°42′58″ N., Long. 113°10′57″ W.; north to nonstop in air transportation between Lat. 35°57′51″ N., Long. 113°11′06″ W.; Washington National Airport and an- east to Lat. 35°57′44″ N., Long. 112°14′04″ other airport that is more than 1,250 W.; thence clockwise via the 4.3-nau- miles away from Washington National tical mile radius of the Grand Canyon Airport. National Park Airport reference point
280
VerDate 27
(Lat. 35°57′08″ N., Long. 112°08′49″ W.) to within an area bounded by a line begin- the point of origin. ning at Lat. 35°58′39″ N., Long. 111°55′43″ ° ′ ″ [Doc. 28537, 61 FR 69330, Dec. 31, 1996; Amdt. W.; north to Lat. 36 12 41 N., Long. 93–73, 62 FR 2445, Jan. 16, 1997] 111°53′54″ W.; northwest to Lat. 36°18′18″ N., Long. 111°58′15″ W.; thence west EFFECTIVE DATE NOTE: By Doc. No. 28537, 61 FR 69330, Dec. 31, 1996, § 93.301 was added, ef- along the GCNP boundary to Lat. fective May 1, 1997. By Amdt. 93–74, 62 FR 36°20′11″ N., Long. 112°06′25″ W.; south- 8864, Feb. 26, 1997, the effectiveness of § 93.301 southwest to Lat. 36°09′31″ N., Long. was delayed until Jan. 31, 1998. By Amdt. 93– 112°11′15″ W.; to Lat. 36°04′16″ N., Long. 75, 62 FR 66250, Dec. 17, 1997, the effectiveness 112°17′20″ W.; thence southeast along of § 93.301 was further delayed until Jan. 31, the GCNP boundary to Lat. 36°01′54″ N., 1999. Long. 112°11′24″ W.; thence clockwise § 93.303 Definitions. via the 4.3-nautical mile radius of the Grand Canyon National Park Airport For the purposes of this subpart: reference point (Lat. 35°57′08″ N., Long. (a) Flight Standards District Office ° ′ ″ ° ′ ″ means the FAA Flight Standards Dis- 112 08 49 W.) to Lat. 35 59 37 N., Long. ° ′ ″ trict Office with jurisdiction for the 112 04 29 W.; thence east along the geographical area containing the GCNP boundary to the point of origin; Grand Canyon. but not including the airspace at and (b) Park means Grand Canyon Na- above 10,500 feet MSL within 1 nautical tional Park. mile of the eastern boundary or the (c) Special Flight Rules Area means airspace at and above 10,500 feet MSL the Grand Canyon National Park Spe- within 2 nautical miles of the north- cial Flight Rules Area. western boundary. The corridor to the east, between this flight-free zone and § 93.305 Flight-free zones and flight the Desert View Flight-free Zone, is corridors. designated the ‘‘Zuni Point Corridor.’’ Except in an emergency or if other- The corridor to the west, between the wise necessary for safety of flight, or Bright Angel and Toroweap/Shinumo unless otherwise authorized by the Flight-free Zones, is designated the Flight Standards District Office for a ‘‘Dragon Corridor.’’ This corridor is 2 purpose listed in 93.309, no person may nautical miles wide for commercial operate an aircraft in the Special sightseeing flights and 4 nautical miles Flight Rules Area within the following wide for transient and general aviation flight-free zones: operations. (a) Desert View Flight-free Zone. That (c) Toroweap/Shinumo Flight-free Zone. airspace extending from the surface up That airspace extending from the sur- to but not including 14,500 feet MSL face up to but not including 14,500 feet within an area bounded by a line begin- MSL within an area bounded by a line ° ′ ″ ° ′ ″ ning at Lat. 35 59 58 N., Long. 111 52 47 beginning at Lat. 36°05′44″ N., Long. W.; thence east and north along the 112°19′27″ W.; north-northeast to Lat. GCNP boundary to Lat. 36°14′05″ N., 36°10′49″ N., Long. 112°13′19″ W.; to Lat. Long. 111°48′34″ W.; southwest to Lat. 36°21′02″ N., Long. 112°08′47″ W.; thence 36°12′06″ N., Long. 111°51′14″ W.; to the point of origin; but not including the west and south along the GCNP bound- ° ′ ″ ° ′ ″ airspace at and above 10,500 feet MSL ary to Lat. 36 10 58 N., Long. 113 08 35 ° ′ ″ within 1 nautical mile of the western W.; south to Lat. 36 10 12 N., Long. ° ′ ″ boundary of the zone. The corridor to 113 08 34 W.; thence northeast along the west, between the Desert View and the park boundary to Lat. 36°11′51″ N., Bright Angel Flight-free Zones, is des- Long. 113°04′44″ W.; thence counter- ignated the ‘‘Zuni Point Corridor.’’ clockwise via the 1.5-nautical mile ra- This corridor is 2 nautical miles wide dius of the Toroweap Overlook (Lat. for commercial sightseeing flights and 36°12′55″ N., Long. 113°03′25″ W.) to Lat. 4 nautical miles wide for transient and 36°13′46″ N., Long. 113°01′54″ W.; thence general aviation operations. in an easterly direction along the park (b) Bright Angel Flight-free Zone. That boundary to the point of origin; but not airspace extending from the surface up including the following airspace des- to but not including 14,500 feet MSL ignated as the ‘‘Tuckup Corridor’’: at
281
VerDate 12
or above 10,500 feet MSL within 2 nau- (iv) Pearce Ferry Sector. Diamond tical miles either side of a line extend- Creek to the Grand Wash Cliffs: 8,000 ing between Lat. 36°24′42″ N., Long. feet MSL. 112°48′47″ W. and Lat. 36°14′17″ N., Long. (b) Minimum corridor altitudes—(1) 112°48′31″ W. Commercial sightseeing flights—(i) Zuni (d) Sanup Flight-free Zone. That air- Point Corridors. 7,500 feet MSL. space extending from the surface up to (ii) Dragon Corridor. 7,500 feet MSL. but not including 8,000 feet MSL within (2) Transient and general aviation op- an area bounded by a line beginning at erations—(i) Zuni Point Corridor. 10,500 Lat. 36°02′38″ N., Long. 113°21′11″ W.; feet MSL. west to Lat. 36°06′20″ N., Long. 113°51′40″ (ii) Dragon Corridor. 10,500 feet MSL. W.; southeast to Lat. 36°00′07″ N., Long. (iii) Tuckup Corridor. 10,500 feet MSL. 113°42′58″ W.; southeast to Lat. 35°59′37″ EFFECTIVE DATE NOTE: By Doc. No. 28537, 61 N., Long. 113°42′47″ W.; to Lat. 35°59′20″ FR 69330, Dec. 31, 1996, § 93.307 was added, ef- N., Long. 113°43′00″ W.; to Lat. 35°58′40″ fective May 1, 1997. By Amdt. 93–74, 62 FR N., Long. 113°43′58″ W.; southeast to 8864, Feb. 26, 1997, the effectiveness of § 93.307 Lat. 35°50′16″ N., Long. 113°37′13″ W.; was delayed until Jan. 31, 1998. By Amdt. 93– thence along the park boundary to the 75, 62 FR 66250, Dec. 17, 1997, the effectiveness point of origin. of § 93.307 was further delayed until Jan. 31, 1999. EFFECTIVE DATE NOTE: By Doc. No. 28537, 61 FR 69330, Dec. 31, 1996, § 93.305 was added, ef- § 93.309 General operating procedures. fective May 1, 1997. By Amdt. 93–74, 62 FR Except in an emergency, no person 8864, Feb. 26, 1997, the effectiveness of § 93.305 may operate an aircraft in the Special was delayed until Jan. 31, 1998. By Amdt. 93– 75, 62 FR 66250, Dec. 17, 1997, the effectiveness Flight Rules Area unless the operation of § 93.305 was further delayed until Jan. 31, is conducted in accordance with the 1999. following procedures. (NOTE: The fol- lowing procedures do not relieve the § 93.307 Minimum flight altitudes. pilot from see-and-avoid responsibility Except in an emergency, or if other- or compliance with the minimum safe wise necessary for safety of flight, or altitude requirements specified in unless otherwise authorized by the § 91.119 of this chapter.): Flight Standards District Office for a (a) Unless necessary to maintain a purpose listed in 93.309, no person may safe distance from other aircraft or ter- operate an aircraft in the Special rain remain clear of the flight-free Flight Rules Area at an altitude lower zones described in § 93.305; than the following: (b) Unless necessary to maintain a safe distance from other aircraft or ter- (a) Minimum sector altitudes—(1) Com- rain, proceed through the Zuni Point, mercial sightseeing flights—(i) Marble Dragon, and Tuckup Flight Corridors Canyon Sector. Lees Ferry to Boundary described in § 93.305 at the following al- Ridge: 6,000 feet MSL. titudes unless otherwise authorized in (ii) Supai Sector. Boundary Ridge to writing by the Flight Standards Dis- Supai Point: 7,500 feet MSL. trict Office: (iii) Diamond Creek Sector. Supai (1) Northbound. 11,500 or 13,500 feet Point to Diamond Creek: 6,500 feet MSL. MSL. (2) Southbound. 10,500 or 12,500 feet (iv) Pearce Ferry Sector. Diamond MSL. Creek to the Grand Wash Cliffs: 5,000 (c) For operation in the flight-free feet MSL. zones described in § 93.305, or flight (2) Transient and general aviation op- below the altitudes listed in § 93.307, is erations—(i) Marble Canyon Sector. Lees authorized in writing by the Flight Ferry to Boundary Ridge: 8,000 feet Standards District Office and is con- MSL. ducted in compliance with the condi- (ii) Supai Sector. Boundary Ridge to tions contained in that authorization. Supai Point: 10,000 feet MSL. Normally authorization will be granted (iii) Diamond Creek Sector. Supai for operation in the areas described in Point to Diamond Creek: 9,000 feet § 93.305 or below the altitudes listed in MSL. § 93.307 only for operations of aircraft
282
VerDate 12
necessary for law enforcement, fire- § 93.315 Commercial sightseeing flight fighting, emergency medical treat- operations. ment/evacuation of persons in the vi- (a) Non-stop sightseeing flights that cinity of the Park; for support of Park begin and end at the same airport, are maintenance or activities; or for aerial conducted within a 25-statute-mile ra- access to and maintenance of other dius of that airport, and operate in or property located within the Special through the Special Flight Rules Area Flight Rules Area. Authorization may during any portion of the flight are be issued on a continuing basis; governed by the provisions of part 119, (d) Is conducted in accordance with a SFAR 38–2 of parts 121 and 135 of this specific authorization to operate in chapter, part 121, and part 135 of this that airspace incorporated in the oper- chapter, as applicable. ator’s operations specifications and ap- (b) No person holding or required to proved by the Flight Standards Dis- hold an air carrier certificate or an op- trict Office in accordance with the pro- erating certificate under SFAR No. 38– visions of this subpart; 2 or part 119 of this chapter may oper- (e) Is a search and rescue mission di- ate an aircraft having a passenger-seat rected by the U.S. Air Force Rescue configuration of 30 or fewer seats, ex- Coordination Center; cluding each crewmember seat, and a payload capacity of 7,500 or less (f) Is conducted within 3 nautical pounds, in the Special Flight Rules miles of Grand Canyon Bar Ten Air- Area except as authorized by the appli- strip, Pearce Ferry Airstrip, Cliff cable operations specifications. Dwellers Airstrip, or Marble Canyon Airstrip at an altitude less than 3,000 § 93.316 Commercial sightseeing limi- feet above airport elevation, for the tations. purpose of landing at or taking off (a) Unless otherwise authorized by from that facility; or the Flight Standards District Office, no (g) Is conducted under an instrument person shall conduct commercial sight- flight rules (IFR) clearance and the seeing operations in the Dragon and pilot is acting in accordance with ATC Zuni Corridors during the following instructions. An IFR flight plan may fixed flight-free periods: not be filed on a route or at an altitude (1) Summer season (May 1–September that would require operation in an area 30)—6 p.m. to 8 a.m. daily; and described in § 93.305. (2) Winter season (October 1–April 30)—5 p.m. to 9 a.m. daily. § 93.311 Minimum terrain clearance. (b) No person may operate more com- Except in an emergency, when nec- mercial sightseeing aircraft in the Spe- essary for takeoff or landing, or unless cial Flight Rules Area than the highest otherwise authorized by the Flight number of aircraft that appeared on Standards District Office for a purpose the certificate holder’s operations listed in § 93.309(c), no person may oper- specifications, and that were used for ate an aircraft within 500 feet of any commercial sightseeing operations in terrain or structure located between the Grand Canyon Special Flight Rules the north and south rims of the Grand Area, between July 31, 1996 and Decem- ber 31, 1996. Canyon. § 93.317 Commercial sightseeing flight § 93.313 Communications. reporting requirements. Except when in contact with the Each certificate holder conducting Grand Canyon National Park Airport commercial sightseeing flights within Traffic Control Tower during arrival or the Special Flight Rules Area shall departure or on a search and rescue submit in writing, within 30 days after mission directed by the U.S. Air Force April 30, August 31, and December 31, of Rescue Coordination Center, no person each year, to the Flight Standards Dis- may operate an aircraft in the Special trict Office the following information Flight Rules Area unless he monitors for each operation within the Special the appropriate frequency continuously Flight Rules Area for the prior 4- while in that airspace. month period:
283
VerDate 27
(a) Identification number (registra- These reporting requirements con- tion number) of each aircraft; tinue through May 31, 2002. (b) Departure airport; (c) Departure date and time; and APPENDIX TO SUBPART U—SPECIAL FLIGHT RULES IN THE VICINITY OF (d) Route(s) flown. THE GRAND CANYON NATIONAL PARK, AZ
284
VerDate 27
285
VerDate 27
286
VerDate 27
287
VerDate 27
PART 95—IFR ALTITUDES Subpart B—Designated Mountainous Areas 95.11 General. Subpart A—General 95.13 Eastern United States Mountainous Sec. Area. 95.1 Applicability. 95.15 Western United States Mountainous 95.3 Symbols. Area.
288
VerDate 27
95.17 Alaska Mountainous Area. MRA is the lowest altitude at which 95.19 Hawaii Mountainous Area. the intersection can be determined. 95.21 Puerto Rico Mountainous Area. (g) The COP applies to operation of an aircraft along a Federal airway, jet Subpart C—En Route IFR Altitudes Over route, area navigation low or high Particular Routes and Intersections route, or other direct route for which a 95.31 General. MEA is designated in this part. It is the most appropriate point for transfer Subpart D—Changeover Points of the airborne navigation reference 95.8001 General. between the facility or way point abaft the aircraft and the next appropriate AUTHORITY: 49 U.S.C. 106(g), 40103, 40113, facility or way point along the Federal and 14 CFR 11.49(b)(2). airway, jet route, area navigation low or high route, or other direct route Subpart A—General that provides: (1) Continuous reception between fa- § 95.1 Applicability. cilities; and (a) This part prescribes altitudes gov- (2) A common source of azimuth erning the operation of aircraft under guidance for all aircraft operating IFR on Federal airways, jet routes, along the same segment of the Federal area navigation low or high routes, or airway, jet route, area navigation low other direct routes for which a MEA is or high route, or other direct route. designated in this part. In addition, it designates mountainous areas and [Doc. No. 1580, 28 FR 6718, June 29, 1963, as amended by Amdt. 95–118, 29 FR 13166, Sept. changeover points. 23, 1964; Amdt. 95–198, 35 FR 14610, Sept. 18, (b) The MAA is the highest altitude 1970] on a Federal airway, jet route, area navigation low or high route, or other § 95.3 Symbols. direct route for which a MEA is des- For the purposes of this part— ignated in this part at which adequate (a) COP means changeover point. reception of navigation aid signals is (b) L means compass locator; assured. (c) LF/MF means low frequency, me- (c) The MCA applies to the operation dium frequency; of an aircraft proceeding to a higher (d) means low frequency radio minimum en route altitude when cross- LFR range; ing specified radio fixes. (d) The MEA prescribed for a Federal (e) VOR–E means VOR and distance airway or segment thereof, area navi- measuring equipment; and gation low or high route, or other di- (f) Z means a very high frequency lo- rect route, applies to the entire width cation marker. of the airway, segment or route be- [Doc. No. 1580, 28 FR 6718, June 29, 1963, as tween the radio fixes defining the air- amended by Amdt. 95–118, 29 FR 13166, Sept. way, segment or route. An MEA pre- 23, 1964] scribed for an off-airway route or route segment applies to the airspace five Subpart B—Designated statute miles on each side of a direct Mountainous Areas course between radio fixes defining that route or route segment. § 95.11 General. (e) The MOCA applies to the oper- The areas described in this subpart ation of an aircraft within 25 statute are designated mountainous areas. miles of the VOR station concerned. The MOCA assures obstruction clear- [Doc. No. 1580, 28 FR 6718, June 29, 1963] ance between the fixes specified but adequate reception of navigational sig- § 95.13 Eastern United States Moun- nals is assured only within 25 miles of tainous Area. the VOR station concerned. All of the following area excluding (f) The MRA applies to the operation those portions specified in the excep- of an aircraft over an intersection used tions. in the navigation of that aircraft. The (a) Area.
289
VerDate 27
290
VerDate 27
Beginning at latitude 47°10′ N., longitude Beginning at latitude 49°00′ N., longitude 67°55′ W.; thence west and south along the 108°00′ W.; thence to latitude 46°45′ N., lon- Canadian Border to latitude 45°00′ N., lon- gitude 104°00′ W.; thence to latitude 44°06′ N., gitude 74°15′ W.; thence to latitude 44°20′ N., longitude 103°15′ W.; thence to latitude 43°00′ longitude 75°30′ W.; thence to latitude 43°05′ N., longitude 103°15′ W.; thence to latitude N., longitude 75°30′ W.; thence to latitude 41°52′ N., longitude 103°39′ W.; thence to lati- 42°57′ N., longitude 77°30′ W.; thence to lati- tude 35°11′ N., longitude 103°39′ W.; thence to ° ′ ° ′ tude 42 52 N., longitude 78 42 W.; thence to latitude 33°17′ N., longitude 104°27′ W.; thence ° ′ ° ′ latitude 42 26 N., longitude 79 13 W.; thence to latitude 32°17′ N., longitude 104°14′ W.; to latitude 42°05′ N., longitude 80°00′ W.; thence to latitude 29°48′ N., longitude 102°00′ thence to latitude 40°50′ N., longitude 80°00′ W. W.; thence to latitude 40°26′ N., longitude 79°54′ W.; thence to latitude 38°25′ N., lon- (b) Exceptions. (1) Beginning at latitude ° ′ ° ′ gitude 81°46′ W.; thence to latitude 36°00′ N., 35 25 N., longitude 119 09 W.; thence to lati- longitude 86°00′ W.; thence to latitude 33°37′ tude 35°29′ N., longitude 118°58′ W.; thence to N., longitude 86°45′ W.; thence to latitude latitude 36°49′ N., longitude 119°37′ W.; thence 32°30′ N., longitude 86°25′ W.; thence to lati- to latitude 38°30′ N., longitude 121°24′ W.; tude 33°22′ N., longitude 85°00′ W.; thence to thence to latitude 39°30′ N., longitude 121°32′ latitude 36°35′ N., longitude 79°20′ W.; thence W.; thence to latitude 40°08′ N., longitude to latitude 40°11′ N., longitude 76°24′ W.; 122°08′ W.; thence to latitude 40°06′ N., lon- thence to latitude 41°24′ N., longitude 74°30′ gitude 122°20′ W.; thence to latitude 39°05′ N., W.; thence to latitude 41°43′ N., longitude longitude 122°12′ W.; thence to latitude 38°01′ 72°40′ W.; thence to latitude 42°13′ N., lon- N., longitude 121°51′ W.; thence to latitude gitude 72°44′ W.; thence to latitude 42°13′ N., 37°37′ N., longitude 121°12′ W.; thence to lati- longitude 72°44′ W.; thence to latitude 43°12′ tude 37°00′ N., longitude 120°58′ W.; thence to N., longitude 71°30′ W.; thence to latitude latitude 36°14′ N., longitude 120°11′ W., point 43°45′ N., longitude 70°30′ W.; thence to lati- of beginning. tude 45°00′ N., longitude 69°30′ W.; thence to (2) Beginning at latitude 49°00′ N., lon- ° ′ ° ′ latitude 47 10 N., longitude 67 55 W., point of gitude 122°21′ W.; thence to latitude 48°34′ N., beginning. longitude 122°21′ W.; thence to latitude 48°08′ (b) Exceptions. The area bounded by N., longitude 122°00′ W.; thence to latitude the following coordinates: 47°12′ N., longitude 122°00′ W.; thence to lati- tude 46°59′ N., longitude 122°13′ W.; thence to Beginning at latitude 45°00′ N., longitude latitude 46°52′ N., longitude 122°16′ W.; thence 73°26′ W.; thence to latitude 44°32′ N., lon- to latitude 46°50′ N., longitude 122°40′ W.; gitude 73°04′ W.; thence to latitude 42°51′ N., thence to latitude 46°35′ N., longitude 122°48′ longitude 73°41′ W.; thence to latitude 41°38′ W.; thence to latitude 46°35′ N., longitude N., longitude 73°46′ W.; thence to latitude 123°17′ W.; thence to latitude 47°15′ N., lon- ° ′ ° ′ 41 16 N., longitude 73 50 W.; thence to lati- gitude 123°17′ W.; thence to latitude 47°41′ N., ° ′ ° ′ tude 41 17 N., longitude 74 00 W.; thence to longitude 122°54′ W.; thence to latitude 48°03′ ° ′ ° ′ latitude 41 25 N., longitude 73 58 W.; thence N., longitude 122°48′ W.; thence to latitude to latitude 41°26′ N., longitude 74°01′ W.; 48°17′ N., longitude 123°15′ W.; thence North thence to latitude 41°37′ N., longitude 73°58′ ° ′ and East along the United States and Canada W.; thence to latitude 42 41 N., longitude ° ′ ° ′ ° ′ Boundary to latitude 49 00 N., longitude 73 55 W.; thence to latitude 43 02 N., lon- ° ′ gitude 76°15′ W.; thence to latitude 43°17′ N., 122 21 W., point of beginning. longitude 75°21′ W.; thence to latitude 42°59′ [21 FR 2750, Apr. 28, 1956. Redesignated by N., longitude 74°43′ W.; thence to latitude Amdt. 1–1, 28 FR 6718, June 29, 1963, and 42°52′ N., longitude 73°53′ W.; thence to lati- amended by Amdt. 95–255, 40 FR 2579, Jan. 14, tude 44°30′ N., longitude 73°18′ W.; thence to 1975] latitude 45°00′ N., longitude 73°39′ W.; thence ° ′ ° ′ to latitude 45 00 N., longitude 73 26 W., point § 95.17 Alaska Mountainous Area. of beginning. [21 FR 2750, Apr. 28, 1956. Redesignated by All of the following area excluding Amdt. 1–1, 28 FR 6718, June 29, 1963] those portions specified in the excep- tions: § 95.15 Western United States Moun- (a) Area. The Territory of Alaska. tainous Area. (b) Exceptions. All of the following area excluding (1) Beginning at latitude 64°54′ N., lon- that portion specified in the excep- gitude 147°20′ W.; thence to latitude 64°50′ N., tions: longitude 151°22′ W.; thence to latitude 64°26′ (a) Area. From the Pacific coastline N., longitude 151°22′ W.; thence to latitude of the United States, eastward along 64°25′ N., longitude 147°20′ W.; thence to lati- the Canadian and Mexican borders, to tude 64°54′ N., longitude 147°20′ W., point of the following coordinates: beginning.
291
VerDate 27
(2) Beginning at latitude 61°50′ N., lon- thence to latitude 61°44′ N., longitude 149°48′ gitude 151°12′ W.; thence to latitude 61°24′ N., W.; thence to latitude 62°23′ N., longitude longitude 150°28′ W.; thence to latitude 59°40′ 149°54′ W.; thence to latitude 62°23′ N., lon- N., longitude 152°23′ W.; thence to latitude gitude 150°14′ W.; thence to latitude 61°50′ N., 59°33′ N., longitude 151°28′ W.; thence to lati- longitude 151°12′ W., point of beginning. tude 60°31′ N., longitude 150°43′ W.; thence to (3) Beginning at latitude 58°56′ N., lon- latitude 61°13′ N., longitude 149°39′ W.; thence gitude 156°58′ W.; thence to latitude 58°47′ N., to latitude 61°37′ N., longitude 149°15′ W.; longitude 156°27′ W.; thence to latitude 56°43′
292
VerDate 27
N., longitude 158°39′ W.; thence to latitude thence eastward along the 69°50′ parallel to a 56°50′ N., longitude 159°00′ W.; thence along point where 69°50′ intersects the northeast the shore line to latitude 58°56′ N., longitude coastline of Alaska; thence westward along 156°58′ W., point of beginning. the northern coastline of Alaska to the (4) Beginning at latitude 61°47′ N., lon- intersection of latitude 69°30′, point of begin- gitude 159°40′ W.; thence to latitude 61°34′ N., ning. longitude 159°15′ W.; thence to latitude 60°32′ N., longitude 161°42′ W.; thence to latitude [21 FR 2750, Apr. 28, 1956, as amended by 60°45′ N., longitude 162°06′ W.; thence to lati- Amdt. 88, 27 FR 4356, May 8, 1962. Redesig- tude 61°47′ N., longitude 159°40′ W., point of nated by Amdt. 1–1, 28 FR 6718, June 29, 1963] beginning. (5) Beginning at a point where latitude § 95.19 Hawaii Mountainous Area. 39°30′ intersects the northwest coast of Alas- ka and eastward along the 69°30′ parallel to The following islands of the State of the 150° Meridian; thence northward along Hawaii: Kauai, Oahu, Molokai, Lanai, the 150° Meridian to 69°50′ north latitude; Kehoolawe, Maui, and Hawaii.
293
VerDate 27
[Amdt. 88, 27 FR 4536, May 8, 1962. Redesignated by Amdt. 1–1, 28 FR 6719, June 29, 1963]
§ 95.21 Puerto Rico Mountainous Area. N., longitude 65°42′ W.; thence to latitude 18°03′ N., longitude 65°52′ W.; thence to lati- The area bounded by the following tude 18°02′ N., longitude 65°51′ W.; thence to coordinates: latitude 17°59′ N., longitude 65°55′ W.; thence Beginning at latitude 18°22′ N., longitude to latitude 18°05′ N., longitude 66°57′ W.; 66°58′ W., thence to latitude 18°19′ N., lon- thence to latitude 18°11′ N., longitude 67°07′ gitude 66°06′ W.; thence to latitude 18°20′ N., W.; thence to latitude 18°22′ N., longitude longitude 65°50′ W.; thence to latitude 18°20′ 66°58′ W.; the point of beginning.
294
VerDate 27
[Amdt. 88, 27 FR 4536, May 8, 1962; 27 FR 5603, June 13, 1962. Redesignated by Amdt. 1–1, 28 FR 6719, June 29, 1963]
295
VerDate 27
Subpart C—En Route IFR Altitudes Subpart B—Procedures Over Particular Routes and 97.10 General. Intersections Subpart C—TERPS Procedures
EDITORIAL NOTE: The prescribed IFR alti- 97.20 General. tudes for flights over particular routes and AUTHORITY: 49 U.S.C. 106(g), 40103, 40113, intersections in this subpart were formerly 40120, 44701; and 14 CFR 11.49(b)(2). carried as §§ 610.11 through 610.6887 of this title and were transferred to part 95 as SOURCE: Docket No. 1580, 28 FR 6719, June §§ 95.41 through 95.6887, respectively, but are 29, 1963, unless otherwise noted. not carried in the Code of Federal Regula- tions. For FEDERAL REGISTER citations af- fecting these routes, see the List of CFR Sec- Subpart A—General tions Affected in the Finding Aids section of § 97.1 Applicability. this volume. This part prescribes standard instru- § 95.31 General. ment approach procedures for instru- ment letdown to airports in the United This subpart prescribes IFR altitudes States and the weather minimums that for flights along particular routes or apply to takeoffs and landings under route segments and over additional IFR at those airports. intersections not listed as a part of a route or route segment. § 97.3 Symbols and terms used in pro- [Doc. No. 1580, 28 FR 6719, June 29, 1963] cedures. As used in the standard terminal in- Subpart D—Changeover Points strument procedures prescribed in this part— (a) A means alternate airport weath- EDITORIAL NOTE: The prescribed COP’s for er minimum. Federal airways, jet routes, or other direct (b) Aircraft approach category means a routes for which an MEA is designated in grouping of aircraft based on a speed of this part are not carried in the Code of Fed- eral Regulations. For Federal Register cita- 1.3 Vso (at maximum certificated land- tions affecting these routes see the List of ing weight). Vso and the maximum cer- CFR Sections Affected in the Finding Aids tificated landing weight are those val- section of this volume. ues as established for the aircraft by the certificating authority of the coun- § 95.8001 General. try of registry. The categories are as This subpart prescribes COP’s for follows: Federal airways, jet routes, area navi- (1) Category A: Speed less than 91 gation routes, or other direct routes knots. for which an MEA is designated in this (2) Category B: Speed 91 knots or more but less than 121 knots. part. Unless otherwise specified the (3) Category C: Speed 121 knots or COP is midway between the navigation more but less than 141 knots. facilities or way points for straight (4) Category D: Speed 141 knots or route segments, or at the intersection more but less than 166 knots. of radials or courses forming a dogleg (5) Category E: Speed 166 knots or in the case of dogleg route segments. more. [Doc. No. 10580, 35 FR 14610, Sept. 18, 1970] (c) Approach procedure segments for which altitudes (all altitudes pre- PART 97—STANDARD INSTRUMENT scribed are minimum altitudes unless APPROACH PROCEDURES otherwise specified) or courses, or both, are prescribed in procedures, are as fol- lows: Subpart A—General (1) Initial approach is the segment be- Sec. tween the intial approach fix and the 97.1 Applicability. intermediate fix or the point where the 97.3 Symbols and terms used in procedures. aircraft is established on the inter- 97.5 Bearings; courses; headings; radials; mediate course or final approach miles. course.
296
VerDate 27
(2) Initial approach altitude means the (l) MSA means minimum safe alti- altitude (or altitudes, in High Altitude tude, an emergency altitude expressed Procedures) prescribed for the initial in feet above mean sea level, which approach segment of an instrument ap- provides 1,000 feet clearance over all proach. obstructions in that sector within 25 (3) Intermediate approach is the seg- miles of the facility on which the pro- ment between the intermediate fix or cedure is based (LOM in ILS proce- point and the final approach fix. dures). (4) Final approach is the segment be- (m) N means night. tween the final approach fix or point (n) NA means not authorized. and the runway, airport, or missed-ap- (o) NOPT means no procedure turn proach point. required (altitude prescribed applies (5) Missed approach is the segment be- only if procedure turn is not executed). tween the missed-approach point, or (o–1) Point in space approach means a point of arrival at decision height, and helicopter instrument approach proce- the missed-approach fix at the pre- dure to a missed approach point that is scribed altitude. more than 2,600 feet from an associated (d) C means circling landing mini- helicopter landing area. mum, a statement of ceiling and visi- (p) Procedure turn means the maneu- bility values, or minimum descent alti- ver prescribed when it is necessary to tude and visibility, required for the cir- reverse direction to establish the air- cle-to-land maneuver. craft on an intermediate or final ap- (d–1) Copter procedures means heli- proach course. The outbound course, copter procedures, with applicable direction of turn, distance within minimums as prescribed in § 97.35 of which the turn must be completed, and this part. Helicopters may also use minimum altitude are specified in the other procedures prescribed in Subpart procedure. However, the point at which C of this part and may use the Cat- the turn may be commenced, and the egory A minimum descent altitude type and rate of turn, is left to the dis- (MDA) or decision height (DH). The re- cretion of the pilot. quired visibility minimum may be re- (q) RA means radio altimeter setting duced to one-half the published visi- height. bility minimum for Category A air- (r) RVV means runway visibility craft, but in no case may it be reduced value. to less than one-quarter mile or 1,200 (s) S means straight-in landing mini- feet RVR. mum, a statement of ceiling and visi- bility, minimum descent altitude and (e) Ceiling minimum means the mini- visibility, or decision height and visi- mum ceiling, expressed in feet above bility, required for a straight-in land- the surface of the airport, required for ing on a specified runway. The number takeoff or required for designating an appearing with the S indicates the run- airport as an alternate airport. way to which the minimum applies. If (f) D means day. a straight-in minimum is not pre- (g) FAF means final approach fix. scribed in the procedure, the circling (h) HAA means height above airport. minimum specified applies to a (h–1) HAL means height above a des- straight-in landing. ignated helicopter landing area used (t) Shuttle means a shuttle, or race- for helicopter instrument approach track-type, pattern with 2-minute legs procedures. prescribed in lieu of a procedure turn. (i) HAT means height above touch- (u) 65 knots or less means an aircraft down. that has a stalling speed of 65 knots or (j) MAP means missed approach less (as established in an approved point. flight manual) at maximum certifi- (k) More than 65 knots means an air- cated landing weight with full flaps, craft that has a stalling speed of more landing gear extended, and power off. than 65 knots (as established in an ap- (v) T means takeoff minimum. proved flight manual) at maximum cer- (w) TDZ means touchdown zone. tificated landing weight with full flaps, (x) Visibility minimum means the mini- landing gear extended, and power off. mum visibility specified for approach,
297
VerDate 27
or landing, or takeoff, expressed in tained on FAA Form 3139, standard in- statute miles, or in feet where RVR is strument approach procedures are por- reported. trayed on charts prepared for the use of (Secs. 307(c), 313(a), 601, Federal Aviation Act pilots by the U.S. Coast and Geodetic of 1958, as amended (49 U.S.C. 1348(c), 1354(a), Survey and other publishers of aero- 1421); sec. 6(c), Department of Transportation nautical charts. Act (49 U.S.C. 1655(c))) [Doc. No. 9748, 35 FR 5609, Apr. 7, 1970] [Doc. No. 8130, 32 FR 13911, Oct. 6, 1967, as amended by Amdt. 97–803, 37 FR 6287, Mar. 28, 1972; Amdt. 97–1133, 44 FR 15659, Mar. 15, 1979] Subpart C—TERPS Procedures § 97.5 Bearings; courses; headings; radials; miles. SOURCE: Docket No. 8130, 32 FR 13912, Oct. 6, 1967, unless otherwise noted. (a) All bearings, courses, headings, and radials in this part are magnetic. EDITORIAL NOTE: The procedures for §§ 97.21 (b) RVR values are stated in feet. through 97.35, respectively, are not carried in Other visibility values are stated in the Code of Federal Regulations. For FED- statute miles. All other mileages are ERAL REGISTER citations affecting these pro- cedures, see the List of CFR Sections Af- stated in nautical miles. fected in the Finding Aids section of this vol- [Doc. No. 561, 32 FR 13912, Oct. 6, 1967] ume.
Subpart B—Procedures § 97.20 General. This subpart prescribes standard in- EDITORIAL NOTE: The procedures set forth strument approach procedures based on in this subpart were formerly carried as the criteria contained in the U.S. §§ 609.100 through 609.500 of this title and Standard for Terminal Instrument Ap- were transferred to part 97 as §§ 97.11 through proach Procedures (TERPs). The stand- 97.19, respectively, but are not carried in the ard instrument approach procedures Code of Federal Regulations. For Federal Register citations affecting these proce- adopted by the FAA and described on dures, see the List of CFR Sections Affected FAA Form 8260–3, 8260–4, or 8260–5 are in the Finding Aids section of this volume. incorporated into this part and made a part hereof as provided in 5 U.S.C. § 97.10 General. 552(a)(1) and pursuant to 1 CFR part 20. This subpart prescribes standard in- The incorporated standard instrument strument approach procedures other approach procedures are available for than those based on the criteria con- examination at the Rules Docket and tained in the U.S. Standard for Termi- at the National Flight Data Center, nal Instrument Approach Procedures Federal Aviation Administration, 800 (TERPs). Standard instrument ap- Independence Avenue SW., Washington, proach procedures adopted by the FAA DC 20590. Copies of SIAPs adopted in a and described on FAA Form 3139 are in- particular FAA Region are also avail- corporated into this part and made a able for examination at the head- part hereof as provided in 5 U.S.C. quarters of that Region. Moreover, cop- 552(a)(1) and pursuant to 1 CFR part 20. The incorporated standard instrument ies of SIAPs originating in a particular approach procedures are available for Flight Inspection District Office are examination at the Rules Docket and available for examination at that Of- at the National Flight Data Center, fice. Based on the information con- Federal Aviation Administration, 800 tained on FAA Form 8260–3, 8260–4, and Independence Avenue SW., Washington, 8260–5, standard instrument approach DC 20590. Copies of SIAPs adopted in a procedures are portrayed on charts pre- particular FAA Region are also avail- pared for the use of pilots by the U.S. able for examination at the head- Coast and Geodetic Survey and other quarters of that region. Moreover, cop- publishers of aeronautical charts. ies of SIAPs originating in a particular (Sec. 6(c) Department of Transportation Act. Flight Inspection District Office are 49 U.S.C. 1655(c) and 5 U.S.C. 552(a)(1)) available for examination at that of- fice. Based on the information con- [Doc. No. 9748, 35 FR 5609, Apr. 7, 1970]
298
VerDate 27
PART 99—SECURITY CONTROL OF over any island, or within 3 nautical AIR TRAFFIC miles of the coastline of any island, in the Hawaii ADIZ; Subpart A—General (3) Operating at true airspeed of less than 180 knots in the Alaska ADIZ Sec. while the pilot maintains a continuous 99.1 Applicability. listening watch on the appropriate fre- 99.3 General. quency; or 99.5 Emergency situations. 99.7 Special security instructions. (4) Operating at true airspeed of less 99.9 Radio requirements. than 180 knots in the Guam ADIZ. 99.11 ADIZ flight plan requirements. (c) Except as provided in § 99.7, the 99.12 Transponder-on requirements. radio and position reporting require- 99.15 Arrival or completion notice. ments of this subpart do not apply to 99.17 Position reports; aircraft operating in the operation of an aircraft within the or penetrating an ADIZ; IFR. 48 contiguous States and the District 99.19 Position reports; aircraft operating in or penetrating an ADIZ; DVFR. of Columbia, or within the State of 99.21 Position reports; aircraft entering the Alaska, if that aircraft does not have United States through an ADIZ; United two-way radio and is operated in ac- States aircraft. cordance with a filed DVFR flight plan 99.23 Position reports; aircraft entering the containing the time and point of ADIZ United States through an ADIZ; foreign penetration and that aircraft departs aircraft. within 5 minutes of the estimated de- 99.27 Deviation from flight plans and ATC parture time contained in the flight clearances and instructions. 99.29 Radio failure; DVFR. plan. 99.31 Radio failure; IFR. (d) An FAA ATC center may exempt the following operations from this sub- Subpart B—Designated Air Defense part (except § 99.7), on a local basis Identification Zones only, with the concurrence of the mili- tary commanders concerned: 99.41 General. 99.42 Contiguous U.S. ADIZ. (1) Aircraft operations that are con- 99.43 Alaska ADIZ. ducted wholly within the boundaries of 99.45 Guam ADIZ. an ADIZ and are not currently signifi- 99.47 Hawaii ADIZ. cant to the air defense system. 99.49 Defense Area. (2) Aircraft operations conducted in AUTHORITY: 49 U.S.C. 106(g), 40101, 40103, accordance with special procedures 40106, 40113, 40120, 44502, 44721. prescribed by the military authorities concerned. SOURCE: Docket No. 25113, 53 FR 18217, May 20, 1988, unless otherwise noted. [Doc. No. 25113, 53 FR 18217, May 20, 1988, as amended by Amdt. 99–14, 53 FR 44182, Nov. 2, Subpart A—General 1988] § 99.1 Applicability. § 99.3 General. (a) This subpart prescribes rules for (a) The Air Defense Identification operating civil aircraft in a defense Zone (ADIZ) is an area of airspace over area, or into, within, or out of the land or water in which the ready iden- United States through an Air Defense tification, location, and control of civil Identification Zone (ADIZ), designated aircraft is required in the interest of in subpart B. national security. (b) Except for §§ 99.7 and 99.12, this (b) Unless designated as an ADIZ, a subpart does not apply to the operation Defense Area is any airspace of the of any aircraft— United States in which the control of (1) Within the 48 contiguous States aircraft is required for reasons of na- and the District of Columbia, or within tional security. the State of Alaska, on a flight which (c) For the purposes of this part, a remains within 10 nautical miles of the Defense Visual Flight Rules (DVFR) point of departure; flight is a flight within an ADIZ con- (2) Operating at true airspeed of less ducted under the visual flight rules in than 180 knots in the Hawaii ADIZ or part 91.
299
VerDate 27
§ 99.5 Emergency situations. (c) The pilot shall designate a flight plan for VFR flight as a DVFR flight In an emergency that requires imme- plan. diate decision and action for the safety of the flight, the pilot in command of [Doc. No. 25113, 53 FR 18217, May 20, 1988; 53 an aircraft may deviate from the rules FR 44182, Nov. 2, 1988, as amended by Amdt. in this part to the extent required by 99–15, 54 FR 34331, Aug. 18, 1989] that emergency. He shall report the reasons for the deviation to the com- § 99.12 Transponder-on requirements. munications facility where flight plans (a) Aircraft transponder-on operation. or position reports are normally filed Each person operating an aircraft into (referred to in this part as ‘‘an appro- or out of the United States into, with- priate aeronautical facility’’) as soon in, or across an ADIZ designated in as possible. subpart B of this part, if that aircraft is equipped with an operable radar bea- § 99.7 Special security instructions. con transponder, shall operate the Each person operating an aircraft in transponder, including altitude encod- an ADIZ or Defense Area shall, in addi- ing equipment if installed, and shall tion to the applicable rules of this part, reply on the appropriate code or as as- comply with special security instruc- signed by ATC. tions issued by the Administrator in (b) ATC transponder equipment and the interest of national security and use. Effective September 7, 1990, unless that are consistent with appropriate otherwise authorized by ATC, no per- agreements between the FAA and the son may operate a civil aircraft into or Department of Defense. out of the United States into, within, or across the contiguous U.S. ADIZ § 99.9 Radio requirements. designated in subpart B of this part un- Except as provided in § 99.1(c), no per- less that aircraft is equipped with a son may operate an aircraft in an ADIZ coded radar beacon transponder. unless the aircraft has a functioning (c) ATC transponder and altitude re- two-way radio. porting equipment and use. Effective De- cember 30, 1990, unless otherwise au- § 99.11 ADIZ flight plan requirements. thorized by ATC, no person may oper- (a) Unless otherwise authorized by ate a civil aircraft into or out of the ATC, no person may operate an air- United States into, within, or across craft into, within, or across an ADIZ the contiguous U.S. ADIZ unless that unless that person has filed a flight aircraft is equipped with a coded radar plan with an appropriate aeronautical beacon transponder and automatic facility. pressure altitude reporting equipment having altitude reporting capability (b) Unless ATC authorizes an abbre- that automatically replies to interro- viated flight plan— gations by transmitting pressure alti- (1) A flight plan for IFR flight must tude information in 100-foot incre- contain the information specified in ments. § 91.169; and (d) Paragraphs (b) and (c) of this sec- (2) A flight plan for VFR flight must tion do not apply to the operation of an contain the information specified in aircraft which was not originally cer- § 91.153(a) (1) through (6). tificated with an engine-driven elec- (3) If airport of departure is within trical system and which has not subse- the Alaskan ADIZ and there is no facil- quently been certified with such a sys- ity for filing a flight plan then: tem installed, a balloon, or a glider. (i) Immediately after takeoff or when within range of an appropriate aero- [Doc. No. 24903, 55 FR 8395, Mar. 7, 1990] nautical facility, comply with provi- sions of paragraph (b)(1) or (b)(2) as ap- § 99.15 Arrival or completion notice. propriate. The pilot in command of an aircraft (ii) Proceed according to the instruc- for which a flight plan has been filed tions issued by the appropriate aero- shall file an arrival or completion no- nautical facility. tice with an appropriate aeronautical
300
VerDate 27
facility, unless the flight plan states § 99.23 Position reports; aircraft enter- that no notice will be filed. ing the United States through an ADIZ; foreign aircraft. § 99.17 Position reports; aircraft oper- In addition to such other reports as ating in or penetrating an ADIZ; ATC may require, no pilot in command IFR. of a foreign civil aircraft may enter the The pilot of an aircraft operating in U.S. through an ADIZ unless that pilot or penetrating an ADIZ under IFR— makes the reports required in § 99.17 or (a) In controlled airspace, shall make 99.19 or reports the position of the air- the position reports required in § 91.183; craft when it is not less than one hour and and not more than 2 hours average di- (b) In uncontrolled airspace, shall rect cruising distance from the United make the position reports required in States. § 99.19. [Doc. No. 25113, 53 FR 18217, May 20, 1988; 53 [Doc. No. 25113, 53 FR 18217, May 20, 1988, as FR 21989, June 13, 1988] amended by Amdt. 99–15, 54 FR 34331, Aug. 18, 1989] § 99.27 Deviation from flight plans and ATC clearances and instructions. § 99.19 Position reports; aircraft oper- (a) No pilot may deviate from the ating in or penetrating an ADIZ; provisions of an ATC clearance or ATC DVFR. instruction except in accordance with No pilot may operate an aircraft pen- § 91.123 of this chapter. etrating an ADIZ under DVFR unless— (b) No pilot may deviate from the (a) That pilot reports to an appro- filed IFR flight plan when operating an priate aeronautical facility before pen- aircraft in uncontrolled airspace unless etration: The time, position, and alti- that pilot notifies an appropriate aero- tude at which the aircraft passed the nautical facility before deviating. last reporting point before penetration (c) No pilot may deviate from the and the estimated time of arrival over filed DVFR flight plan unless that pilot the next appropriate reporting point notifies an appropriate aeronautical fa- along the flight route; cility before deviating. (b) If there is no appropriate report- [Doc. No. 25113, 53 FR 18217, May 20, 1988, as ing point along the flight route, that amended by Amdt. 99–15, 54 FR 34331, Aug. 18, pilot reports at least 15 minutes before 1989] penetration: The estimated time, posi- tion, and altitude at which he will pen- § 99.29 Radio failure; DVFR. etrate; or If the pilot operating an aircraft (c) If the airport departure is within under DVFR in an ADIZ cannot main- an ADIZ or so close to the ADIZ bound- tain two-way radio communications, ary that it prevents his complying with the pilot may proceed in accordance paragraphs (a) or (b) of this section, with original DVFR flight plan or land that pilot has reported immediately as soon as practicable. The pilot shall after taking off: the time of departure, report the radio failure to an appro- altitude, and estimated time of arrival priate aeronautical facility as soon as over the first reporting point along the possible. flight route. § 99.31 Radio failure; IFR. § 99.21 Position reports; aircraft enter- If a pilot operating an aircraft under ing the United States through an IFR in an ADIZ cannot maintain two- ADIZ; United States aircraft. way radio communications, the pilot The pilot of an aircraft entering the shall proceed in accordance with United States through an ADIZ shall § 91.185 of this chapter. make the reports required in § 99.17 or [Doc. No. 25113, 53 FR 18217, May 20, 1988, as 99.19 to an appropriate aeronautical fa- amended by Amdt. 99–15, 54 FR 34331, Aug. 18, cility. 1989]
301
VerDate 27
Subpart B—Designated Air 145°00′ W; 53°00′ N, 158°00′ W; 50°00′ N, Defense Identification Zones 169°00′ W; 50°00′ N, 180°00′; 50°00′ N, 170°00′ E; 53°00′ N, 170°00′ E; 60°00′ N, § 99.41 General. 180°00′; 65°00′ N, 169°00′ W; then along The airspace above the areas de- 169°00′ W to 75°00′ N, 169°00′ W; then scribed in this subpart is established as along the 75°00′ N parallel to 75°00′ N; an ADIZ Defense Area. The lines be- 141°00′ W to 69°50′ N, 141°00′ W; 71°18′ N, tween points described in this subpart 156°44′ W; 69°52′ N, 163°00′ W; then south are great circles except that the lines along 163°00′ W to 54°00′ N, 163°00′ W; joining adjacent points on the same 56°30′ N, 154°00′ W; 59°20′ N, 146°00′ W; parallel of latitude are rhumb lines. 59°30′ N, 140°00′ W; 57°00′ N, 136°00′ W; 54°35′ N, 133°00′ W; to point of begin- § 99.42 Contiguous U.S. ADIZ. ning. (a) The area bounded by a line from [Doc. No. 25113, 53 FR 18217, May 20, 1988; 53 26°00′ N, 96°35′ W; 26°00′ N, 95°00′ W; 26°30′ FR 21989, June 13, 1988] N, 95°00′ W; then along 26°30′ N to 26°30′ ° ′ ° ′ ° ′ ° ′ N, 84 00 W; 24 00 N, 83 00 W; 24 00 N, § 99.45 Guam ADIZ. 80°00′ W; 24°00′ N, 79°25′ W; 25°40′ N, 79°25′ W; 27°30′ N, 78°50′ W; 30°45′ N, 74°00′ W; (a) Inner boundary. From a point 39°30′ N, 63°45′ W; 43°00′ N, 65°48′ W; 41°15′ 13°52′07″ N, 143°59′16″ E, counter- N, 69°30′ W; 40°32′ N, 72°15′ W; 39°55′ N, clockwise along the 50-nautical-mile 73°00′ W; 39°38′ N, 73°00′ W; 39°36′30″ N, radius arc of the NIMITZ VORTAC (lo- 73°40′30″ W; 39°30′ N, 73°45′ W; 37°00′ N, cated at 13°27′11″ N, 144°43′51″ E); to a 75°30′ W; 36°10′ N, 75°10′ W; 35°10′ N, 75°10′ point 13°02′08″ N, 145°28′17″ E; then to a W; 32°01′ N, 80°32′ W; 30°50′ N, 80°54′ W; point 14°49′07″ N, 146°13′58″ E; counter- 30°05′ N, 81°07′ W; 27°59′ N, 79°23′ W; 24°49′ clockwise along the 35-nautical-mile N, 80°00′ W; 24°49′ N, 80°55′ W; 25°10′ N, radius arc of the SAIPAN NDB (located 81°12′ W; then along a line 3 nautical at 15°06′46″ N, 145°42′42″ E); to a point miles from the shoreline to 25°45′ N, 15°24′21″ N, 145°11′21″ E; then to the 81°27′ W; 25°45′ N, 82°07′ W; 28°55′ N, 83°30′ point of origin. W; 29°20′ N, 85°00′ W; 30°00′ N, 86°00′ W; (b) Outer boundary. The area bounded ° ′ ° ′ ° ′ ° ′ ° ′ 30 00 N, 88 30 W; 29 00 N, 89 00 W; 28 45 by a circle with a radius of 250 NM cen- ° ′ ° ′ ° ′ ° ′ N, 90 00 W; 29 26 N, 94 00 W; 28 42 N, tered at latitude 13°32′41″ N, longitude ° ′ ° ′ ° ′ ° ′ ° ′ 95 17 W; 28 05 N, 96 30 W; 26 25 N, 96 30 144°50′30″ E. W; 26°00′ N, 96°35′ W; 25°58′ N, to 97°07′ W; § 99.47 Hawaii ADIZ. (b) The area bounded by a line from 32°32′03″ N, 117°07′25″ W; 32°30′ N, 117°20′ (a) Outer boundary. The area included W; 32°00′ N, 118°24′ W; 30°45′ N, 120°50′ W; in the irregular octagonal figure 29°00′ N, 124°00′ W; 37°42′ N, 130°40′ W; formed by a line connecting 26°30′ N, 48°20′ N, 132°00′ W; 48°20′ N, 128°00′ W; 156°00′ W; 26°30′ N, 161°00′ W; 24°00′ N, 48°30′ N, 125°00′ W; 48°29′38″ N, 124°43′35″ 164°00′ W; 20°00′ N, 164°00′ W; 17°00′ N, W; 48°00′ N, 125°15′ W; 46°15′ N, 124°30′ W; 160°00′ W; 17°00′ N, 156°00′ W; 20°00′ N, 43°00′ N, 124°40′ W; 40°00′ N, 124°35′ W; 153°00′ W; 22°00′ N, 153°00′ W; to point of 38°50′ N, 124°00′ W; 34°50′ N, 121°10′ W; beginning. 34°00′ N, 120°30′ W; 32°00′ N, 118°24′ W; (b) Inner boundary. The inner bound- 32°30′ N, 117°20′ W; 32°32′03″ N, to ary to follow a line connecting 22°30′ N, 117°07′25″ W; and 157°00′ W; 22°30′ N, 160°00′ W; 22°00′ N, (c) A line extending from 32°32′03″ N, 161°00′ W; 21°00′ N, 161°00′ W; 20°00′ N, 117°07°25″ W; eastward along the United 160°00′ W; 20°00′ N, 156°30′ W; 21°00′ N, States-Mexico Border to 25°58′00″ N, 155°30′ W; to point of beginning. 97°07′00″ W.’’ [Doc. No. 25113, 53 FR 34043, Sept. 2, 1988] § 99.49 Defense Area. All airspace of the United States is § 99.43 Alaska ADIZ. designated as Defense Area except that The area bounded by a line 54°00′ N, airspace already designated as Air De- 136°00′ W; 56°57′ N, 144°00′ W; 57°00′ N, fense Identification Zone.
302
VerDate 27
PART 101—MOORED BALLOONS, (a) Using not more than four ounces KITES, UNMANNED ROCKETS of propellant; AND UNMANNED FREE BAL- (b) Using a slow-burning propellant; LOONS (c) Made of paper, wood, or breakable plastic, containing no substantial Subpart A—General metal parts and weighing not more than 16 ounces, including the propel- Sec. lant; and 101.1 Applicability. (d) Operated in a manner that does 101.3 Waivers. not create a hazard to persons, prop- 101.5 Operations in prohibited or restricted erty, or other aircraft. areas. 101.7 Hazardous operations. (4) Except as provided for in § 101.7, any unmanned free balloon that— Subpart B—Moored Balloons and Kites (i) Carries a payload package that weighs more than four pounds and has 101.11 Applicability. a weight/size ratio of more than three 101.13 Operating limitations. 101.15 Notice requirements. ounces per square inch on any surface 101.17 Lighting and marking requirements. of the package, determined by dividing 101.19 Rapid deflation device. the total weight in ounces of the pay- load package by the area in square Subpart C—Unmanned Rockets inches of its smallest surface; 101.21 Applicability. (ii) Carries a payload package that 101.22 Special provisions for large model weighs more than six pounds; rockets. (iii) Carries a payload, of two or more 101.23 Operating limitations. packages, that weighs more than 12 101.25 Notice requirements. pounds; or (iv) Uses a rope or other device for Subpart D—Unmanned Free Balloons suspension of the payload that requires 101.31 Applicability. an impact force of more than 50 pounds 101.33 Operating limitations. to separate the suspended payload from 101.35 Equipment and marking require- the balloon. ments. (b) For the purposes of this part, a 101.37 Notice requirements. gyroglider attached to a vehicle on the 101.39 Balloon position reports. surface of the earth is considered to be AUTHORITY: 49 U.S.C. 106(g), 40103, 40113– a kite. 40114, 45302, 44502, 44514, 44701–44702, 44721, 46308. [Doc. No. 1580, 28 FR 6721, June 29, 1963, as amended by Amdt. 101–1, 29 FR 46, Jan. 3, Subpart A—General 1964; Amdt. 101–3, 35 FR 8213, May 26, 1970] § 101.1 Applicability. § 101.3 Waivers. (a) This part prescribes rules govern- No person may conduct operations ing the operation in the United States, that require a deviation from this part of the following: except under a certificate of waiver (1) Except as provided for in § 101.7, issued by the Administrator. any balloon that is moored to the sur- [Doc. No. 1580, 28 FR 6721, June 29, 1963] face of the earth or an object thereon and that has a diameter of more than 6 § 101.5 Operations in prohibited or re- feet or a gas capacity of more than 115 stricted areas. cubic feet. No person may operate a moored bal- (2) Except as provided for in § 101.7, loon, kite, unmanned rocket, or un- any kite that weighs more than 5 manned free balloon in a prohibited or pounds and is intended to be flown at restricted area unless he has permis- the end of a rope or cable. sion from the using or controlling (3) Any unmanned rocket except: agency, as appropriate. (i) Aerial firework displays; and, (ii) Model rockets: [Doc. No. 1457, 29 FR 46, Jan. 3, 1964]
303
VerDate 27
§ 101.7 Hazardous operations. that is nearest to the place of intended operation: (a) No person may operate any moored balloon, kite, unmanned rock- (a) The names and addresses of the et, or unmanned free balloon in a man- owners and operators. ner that creates a hazard to other per- (b) The size of the balloon or the size sons, or their property. and weight of the kite. (b) No person operating any moored (c) The location of the operation. balloon, kite, unmanned rocket, or un- (d) The height above the surface of manned free balloon may allow an ob- the earth at which the balloon or kite ject to be dropped therefrom, if such is to be operated. action creates a hazard to other per- (e) The date, time, and duration of sons or their property. the operation. (Sec. 6(c), Department of Transportation Act (49 U.S.C. 1655(c))) § 101.17 Lighting and marking require- [Doc. No. 12800, 39 FR 22252, June 21, 1974] ments. (a) No person may operate a moored Subpart B—Moored Balloons and balloon or kite, between sunset and Kites sunrise unless the balloon or kite, and its mooring lines, are lighted so as to give a visual warning equal to that re- SOURCE: Docket No. 1580, 28 FR 6722, June quired for obstructions to air naviga- 29, 1963, unless otherwise noted. tion in the FAA publication ‘‘Obstruc- § 101.11 Applicability. tion Marking and Lighting’’. (b) No person may operate a moored This subpart applies to the operation balloon or kite between sunrise and of moored balloons and kites. However, a person operating a moored balloon or sunset unless its mooring lines have kite within a restricted area must com- colored pennants or streamers attached ply only with § 101.19 and with addi- at not more than 50 foot intervals be- tional limitations imposed by the using ginning at 150 feet above the surface of or controlling agency, as appropriate. the earth and visible for at least one mile. § 101.13 Operating limitations. (Sec. 6(c), Department of Transportation Act (a) Except as provided in paragraph (49 U.S.C. 1655(c))) (b) of this section, no person may oper- [Doc. No. 1580, 28 FR 6722, June 29, 1963, as ate a moored balloon or kite— amended by Amdt. 101–4, 39 FR 22252, June (1) Less than 500 feet from the base of 21, 1974] any cloud; (2) More than 500 feet above the sur- § 101.19 Rapid deflation device. face of the earth; No person may operate a moored bal- (3) From an area where the ground loon unless it has a device that will visibility is less than three miles; or automatically and rapidly deflate the (4) Within five miles of the boundary balloon if it escapes from its moorings. of any airport. If the device does not function prop- (b) Paragraph (a) of this section does erly, the operator shall immediately not apply to the operation of a balloon notify the nearest ATC facility of the or kite below the top of any structure location and time of the escape and the and within 250 feet of it, if that shield- estimated flight path of the balloon. ed operation does not obscure any lighting on the structure. Subpart C—Unmanned Rockets § 101.15 Notice requirements. No person may operate an unshielded § 101.21 Applicability. moored balloon or kite more than 150 This subpart applies to the operation feet above the surface of the earth un- of unmanned rockets. However, a per- less, at least 24 hours before beginning son operating an unmanned rocket the operation, he gives the following within a restricted area must comply information to the FAA ATC facility only with § 101.23(g) and with additional
304
VerDate 27
limitations imposed by the using or name and address of the person so des- controlling agency, as appropriate. ignated as the event launch coordina- tor, whose duties include coordination [Doc. No. 1580, 28 FR 6722, June 29, 1963] of the required launch data estimates § 101.22 Special provisions for large and coordinating the launch event; model rockets. (b) The estimated number of rockets Persons operating model rockets that to be operated; use not more than 125 grams of propel- (c) The estimated size and the esti- lant; that are made of paper, wood, or mated weight of each rocket; and breakable plastic; that contain no sub- (d) The estimated highest altitude or stantial metal parts, and that weigh flight level to which each rocket will not more than 1,500 grams, including be operated. the propellant, need not comply with (e) The location of the operation. § 101.23 (b), (c), (g), and (h), provided: (f) The date, time, and duration of (a) That person complies with all pro- the operation. visions of § 101.25; and (g) Any other pertinent information (b) The operation is not conducted requested by the ATC facility. within 5 miles of an airport runway or [Doc. No. 1580, 28 FR 6722, June 29, 1963, as other landing area unless the informa- amended by Amdt. 101–6, 59 FR 50393, Oct. 3, tion required in § 101.25 is also provided 1994] to the manager of that airport. [Amdt. 101–6, 59 FR 50393, Oct. 3, 1994] Subpart D—Unmanned Free Balloons § 101.23 Operating limitations.
No person may operate an unmanned SOURCE: Docket No. 1457, 29 FR 47, Jan. 3, rocket— 1964, unless otherwise noted. (a) In a manner that creates a colli- sion hazard with other aircraft; § 101.31 Applicability. (b) In controlled airspace; This subpart applies to the operation (c) Within five miles of the boundary of unmanned free balloons. However, a of any airport; person operating an unmanned free bal- (d) At any altitude where clouds or loon within a restricted area must obscuring phenomena of more than comply only with § 101.33 (d) and (e) and five-tenths coverage prevails; with any additional limitations that (e) At any altitude where the hori- are imposed by the using or controlling zontal visibility is less than five miles; agency, as appropriate. (f) Into any cloud; (g) Within 1,500 feet of any person or § 101.33 Operating limitations. property that is not associated with No person may operate an unmanned the operations; or free balloon— (h) Between sunset and sunrise. (a) Unless otherwise authorized by (Sec. 6(c), Department of Transportation Act ATC, below 2,000 feet above the surface (49 U.S.C. 1655(c))) within the lateral boundaries of the [Doc. No. 1580, 28 FR 6722, June 29, 1963, as surface areas of Class B, Class C, Class amended by Amdt. 101–4, 39 FR 22252, June D, or Class E airspace designated for an 21, 1974] airport; (b) At any altitude where there are § 101.25 Notice requirements. clouds or obscuring phenomena of more No person may operate an unmanned than five-tenths coverage; rocket unless that person gives the fol- (c) At any altitude below 60,000 feet lowing information to the FAA ATC fa- standard pressure altitude where the cility nearest to the place of intended horizontal visibility is less than five operation no less than 24 hours prior to miles; and no more than 48 hours prior to be- (d) During the first 1,000 feet of as- ginning the operation: cent, over a congested area of a city, (a) The names and addresses of the town, or settlement or an open-air as- operators; except when there are mul- sembly of persons not associated with tiple participants at a single event, the the operation; or
305
VerDate 27
(e) In such a manner that impact of balloon that is equipped with a suspen- the balloon, or part thereof including sion device (other than a highly con- its payload, with the surface creates a spicuously colored open parachute) hazard to persons or property not asso- more than 50 feet along, unless the sus- ciated with the operation. pension device is colored in alternate [Doc. No. 1457, 29 FR 47, Jan. 3, 1964, as bands of high conspicuity colors or has amended by Amdt. 101–5, 56 FR 65662, Dec. 17, colored pennants or streamers attached 1991] which are visible for at least one mile. § 101.35 Equipment and marking re- (Sec. 6(c), Department of Transportation Act quirements. (49 U.S.C. 1655(c))) (a) No person may operate an un- [Doc. No. 1457, 29 FR 47, Jan. 3, 1964, as manned free balloon unless— amended by Amdt. 101–2, 32 FR 5254, Mar. 29, (1) It is equipped with at least two 1967; Amdt. 101–4, 39 FR 22252, June 21, 1974] payload cut-down systems or devices that operate independently of each § 101.37 Notice requirements. other; (a) Prelaunch notice: Except as pro- (2) At least two methods, systems, vided in paragraph (b) of this section, devices, or combinations thereof, that no person may operate an unmanned function independently of each other, free balloon unless, within 6 to 24 hours are employed for terminating the before beginning the operation, he flight of the balloon envelope; and gives the following information to the (3) The balloon envelope is equipped FAA ATC facility that is nearest to the with a radar reflective device(s) or ma- terial that will present an echo to sur- place of intended operation: face radar operating in the 200 MHz to (1) The balloon identification. 2700 MHz frequency range. (2) The estimated date and time of The operator shall activate the appro- launching, amended as necessary to re- priate devices required by paragraphs main within plus or minus 30 minutes. (a) (1) and (2) of this section when (3) The location of the launching site. weather conditions are less than those (4) The cruising altitude. prescribed for operation under this sub- (5) The forecast trajectory and esti- part, or if a malfunction or any other mated time to cruising altitude or reason makes the further operation 60,000 feet standard pressure altitude, hazardous to other air traffic or to per- whichever is lower. sons and property on the surface. (6) The length and diameter of the (b) No person may operate an un- balloon, length of the suspension de- manned free balloon below 60,000 feet vice, weight of the payload, and length standard pressure altitude between of the trailing antenna. sunset and sunrise (as corrected to the (7) The duration of flight. altitude of operation) unless the bal- (8) The forecast time and location of loon and its attachments and payload, impact with the surface of the earth. whether or not they become separated (b) For solar or cosmic disturbance during the operation, are equipped with investigations involving a critical time lights that are visible for at least 5 element, the information in paragraph miles and have a flash frequency of at (a) of this section shall be given within least 40, and not more than 100, cycles per minute. 30 minutes to 24 hours before beginning (c) No person may operate an un- the operation. manned free balloon that is equipped (c) Cancellation notice: If the oper- with a trailing antenna that requires ation is canceled, the person who in- an impact force of more than 50 pounds tended to conduct the operation shall to break it at any point, unless the an- immediately notify the nearest FAA tenna has colored pennants or stream- ATC facility. ers that are attached at not more than (d) Launch notice: Each person oper- 50 foot intervals and that are visible ating an unmanned free balloon shall for at least one mile. notify the nearest FAA or military (d) No person may operate between ATC facility of the launch time imme- sunrise and sunset an unmanned free diately after the balloon is launched.
306
VerDate 27
§ 101.39 Balloon position reports. of certain areas designated by notice to airmen. (a) Each person operating an un- 103.21 Visual reference with the surface. manned free balloon shall: 103.23 Flight visibility and cloud clearance (1) Unless ATC requires otherwise, requirements. monitor the course of the balloon and AUTHORITY: 49 U.S.C. 106(g), 40103–40104, record its position at least every two 40113, 44701. hours; and (2) Forward any balloon position re- SOURCE: Docket No. 21631, 47 FR 38776, ports requested by ATC. Sept. 2, 1982, unless otherwise noted. (b) One hour before beginning de- scent, each person operating an un- Subpart A—General manned free balloon shall forward to the nearest FAA ATC facility the fol- § 103.1 Applicability. lowing information regarding the bal- This part prescribes rules governing loon: the operation of ultralight vehicles in (1) The current geographical position. the United States. For the purposes of (2) The altitude. this part, an ultralight vehicle is a ve- (3) The forecast time of penetration hicle that: of 60,000 feet standard pressure altitude (a) Is used or intended to be used for (if applicable). manned operation in the air by a single (4) The forecast trajectory for the occupant; balance of the flight. (b) Is used or intended to be used for (5) The forecast time and location of recreation or sport purposes only; impact with the surface of the earth. (c) Does not have any U.S. or foreign (c) If a balloon position report is not airworthiness certificate; and recorded for any two-hour period of (d) If unpowered, weighs less than 155 flight, the person operating an un- pounds; or manned free balloon shall immediately (e) If powered: notify the nearest FAA ATC facility. (1) Weighs less than 254 pounds empty The notice shall include the last re- weight, excluding floats and safety de- corded position and any revision of the vices which are intended for deploy- forecast trajectory. The nearest FAA ment in a potentially catastrophic sit- ATC facility shall be notified imme- uation; diately when tracking of the balloon is (2) Has a fuel capacity not exceeding re-established. 5 U.S. gallons; (d) Each person operating an un- (3) Is not capable of more than 55 manned free balloon shall notify the knots calibrated airspeed at full power nearest FAA ATC facility when the op- in level flight; and eration is ended. (4) Has a power-off stall speed which does not exceed 24 knots calibrated air- PART 103—ULTRALIGHT VEHICLES speed.
Subpart A—General § 103.3 Inspection requirements. Sec. (a) Any person operating an ultra- 103.1 Applicability. light vehicle under this part shall, 103.3 Inspection requirements. upon request, allow the Administrator, 103.5 Waivers. or his designee, to inspect the vehicle 103.7 Certification and registration. to determine the applicability of this part. Subpart B—Operating Rules (b) The pilot or operator of an ultra- 103.9 Hazardous operations. light vehicle must, upon request of the 103.11 Daylight operations. Administrator, furnish satisfactory 103.13 Operation near aircraft; right-of-way evidence that the vehicle is subject rules. only to the provisions of this part. 103.15 Operations over congested areas. 103.17 Operations in certain airspace. § 103.5 Waivers. 103.19 Operations in prohibited or restricted areas. No person may conduct operations 103.20 Flight restrictions in the proximity that require a deviation from this part
307
VerDate 27
except under a written waiver issued so as to see and avoid aircraft and shall by the Administrator. yield the right-of-way to all aircraft. (b) No person may operate an ultra- § 103.7 Certification and registration. light vehicle in a manner that creates (a) Notwithstanding any other sec- a collision hazard with respect to any tion pertaining to certification of air- aircraft. craft or their parts or equipment, (c) Powered ultralights shall yield ultralight vehicles and their compo- the right-of-way to unpowered ultra- nent parts and equipment are not re- lights. quired to meet the airworthiness cer- § 103.15 Operations over congested tification standards specified for air- areas. craft or to have certificates of air- worthiness. No person may operate an ultralight (b) Notwithstanding any other sec- vehicle over any congested area of a tion pertaining to airman certification, city, town, or settlement, or over any operators of ultralight vehicles are not open air assembly of persons. required to meet any aeronautical § 103.17 Operations in certain air- knowledge, age, or experience require- space. ments to operate those vehicles or to No person may operate an ultralight have airman or medical certificates. vehicle within Class A, Class B, Class (c) Notwithstanding any other sec- C, or Class D airspace or within the lat- tion pertaining to registration and eral boundaries of the surface area of marking of aircraft, ultralight vehicles Class E airspace designated for an air- are not required to be registered or to port unless that person has prior au- bear markings of any type. thorization from the ATC facility hav- ing jurisdiction over that airspace. Subpart B—Operating Rules [Amdt. 103–17, 56 FR 65662, Dec. 17, 1991] § 103.9 Hazardous operations. § 103.19 Operations in prohibited or (a) No person may operate any ultra- restricted areas. light vehicle in a manner that creates No person may operate an ultralight a hazard to other persons or property. vehicle in prohibited or restricted (b) No person may allow an object to areas unless that person has permis- be dropped from an ultralight vehicle if sion from the using or controlling such action creates a hazard to other agency, as appropriate. persons or property. § 103.20 Flight restrictions in the prox- § 103.11 Daylight operations. imity of certain areas designated by (a) No person may operate an ultra- notice to airmen. light vehicle except between the hours No person may operate an ultralight of sunrise and sunset. vehicle in areas designated in a Notice (b) Notwithstanding paragraph (a) of to Airmen under § 91.143 or § 91.141 of this section, ultralight vehicles may be this chapter, unless authorized by ATC. operated during the twilight periods 30 [Doc. No. 24454, 50 FR 4969, Feb. 5, 1985, as minutes before official sunrise and 30 amended by Amdt. 103–3, 54 FR 34331, Aug. 18, minutes after official sunset or, in 1989] Alaska, during the period of civil twi- light as defined in the Air Almanac, if: § 103.21 Visual reference with the sur- (1) The vehicle is equipped with an face. operating anticollision light visible for No person may operate an ultralight at least 3 statute miles; and vehicle except by visual reference with (2) All operations are conducted in the surface. uncontrolled airspace. § 103.23 Flight visibility and cloud § 103.13 Operation near aircraft; right- clearance requirements. of-way rules. No person may operate an ultralight (a) Each person operating an ultra- vehicle when the flight visibility or light vehicle shall maintain vigilance distance from clouds is less than that
308
VerDate 27
in the table found below. All operations cancellation or postponement of jump. in Class A, Class B, Class C, and Class 105.27 Jumps over or within restricted or D airspace or Class E airspace des- prohibited areas. ignated for an airport must receive 105.29 Flight visibility and clearance from prior ATC authorization as required in clouds requirements. 105.33 Parachute jumps between sunset and § 103.17 of this part. sunrise. Distance from 105.35 Liquor and drugs. Airspace Flight visibility clouds 105.37 Inspections.
Class A ...... Not applicable ...... Not Applicable. Subpart C—Parachute Equipment Class B ...... 3 statute miles ..... Clear of Clouds. Class C ...... 3 statute miles ..... 500 feet below. 105.41 Applicability. 1,000 feet above. 2,000 feet hori- 105.43 Parachute equipment and packing re- zontal. quirements. Class D ...... 3 statute miles ..... 500 feet below. AUTHORITY: 49 U.S.C. 106(g), 40113–40114, 1,000 feet above. 2,000 feet hori- 44701–44702, 44721. zontal. SOURCE: Docket No. 1491, 27 FR 11636, Nov. Class E: 27, 1962, unless otherwise noted. Less than 10,000 3 statute miles ..... 500 feet below. feet MSL. 1,000 feet above. 2,000 feet hori- Subpart A—General zontal. At or above 5 statute miles ..... 1,000 feet below. 10,000 feet 1,000 feet above. § 105.1 Applicability. MSL. 1 statute mile hori- (a) This part prescribes rules govern- zontal. Class G: ing parachute jumps made in the 1,200 feet or 1 statute mile ...... Clear of clouds. United States except parachute jumps less above the necessary because of an inflight emer- surface (re- gardless of gency. MSL altitude). (b) For the purposes of this part, a More than 1,200 1 statute mile ...... 500 feet below. parachute jump means the descent of a feet above the 1,000 feet above. person, to the surface from an aircraft surface but 2,000 feet hori- less than zontal. in flight, when he intends to use, or 10,000 feet uses, a parachute during all or part of MSL. that descent. More than 1,200 5 statute miles ..... 1,000 feet below. feet above the 1,000 feet above. surface and at 1 statute mile hori- Subpart B—Operating Rules or above zontal. 10,000 feet MSL. § 105.11 Applicability. (a) Except as provided in paragraphs [Amdt. 103–17, 56 FR 65662, Dec. 17, 1991] (b) and (c) of this section, this subpart prescribes operating rules governing PART 105—PARACHUTE JUMPING parachute jumps to which this part ap- plies. Subpart A—General (b) This subpart does not apply to a parachute jump necessary to meet an Sec. emergency on the surface, when it is 105.1 Applicability. made at the direction, or with the ap- proval, of an agency of the United Subpart B—Operating Rules States, or of a State, Puerto Rico, the 105.11 Applicability. District of Columbia, or a possession of 105.13 General. the United States, or of a political sub- 105.14 Radio equipment and use require- division of any of them. ments. (c) Sections 105.13 through 105.17 and 105.15 Jumps over or into congested areas or §§ 105.27 through 105.37 of this subpart open air assembly of persons. do not apply to a parachute jump made 105.17 Jumps over or onto airports. 105.19 Jumps in or into Class A, Class B, by a member of an Armed Force: Class C, and Class D airspace. (1) Over or within a restricted area 105.23 Jumps in or into other airspace. when that area is under the control of 105.25 Information required, and notice of an Armed Force; or
309
VerDate 27
(2) In military operations in uncon- (ii) Advise ATC that the jumping ac- trolled airspace. tivity is ended for that flight when the (d) Section 105.23 does not apply to a last parachute jumper from the air- parachute jump made by a member of craft reaches the ground. an Armed Force within a restricted (b) If, during any flight, the required area that extends upward from the sur- radio communications system is or be- face when that area is under the con- comes inoperative, any jumping activ- trol of an Armed Force. ity from the aircraft in or into con- [Doc. No. 1491, 27 FR 11636, Nov. 27, 1962, as trolled airspace shall be abandoned. amended by Amdt. 105–4, 33 FR 11901, Aug. 22, However, if the communications sys- 1968] tem becomes inoperative in flight after receipt of a required ATC authoriza- § 105.13 General. tion, the jumping activity from that No person may make a parachute flight may be continued. jump, and no pilot in command of an [Doc. No. 7824, 31 FR 16612, Dec. 29, 1966] aircraft may allow a parachute jump to be made from that aircraft, if that § 105.15 Jumps over or into congested jump creates a hazard to air traffic or areas or open air assembly of per- to persons or property on the surface. sons. (a) No person may make a parachute § 105.14 Radio equipment and use re- quirements. jump, and no pilot in command of an aircraft may allow a parachute jump to (a) Except when otherwise authorized be made from that aircraft, over or by ATC— into a congested area of a city, town, (1) No person may make a parachute or settlement, or an open air assembly jump, and no pilot in command of an of person unless a certificate of author- aircraft may allow a parachute jump to ization for that jump has been issued be made from that aircraft, in or into under this section. However, a para- controlled airspace unless, during that chutist may drift over that congested flight— area or open air assembly with a fully (i) The aircraft is equipped with a deployed and properly functioning functioning two-way radio communica- parachute if he is at a sufficient alti- tions system appropriate to the ATC tude to avoid creating a hazard to per- facilities to be used; sons and property on the ground. (ii) Radio communications have been (b) An application for a certificate of established between the aircraft and authorization issued under this section the nearest FAA air traffic control fa- is made in a form and in a manner pre- cility or FAA flight service station at scribed by the Administrator and must least 5 minutes before the jumping ac- be submitted to the FAA Flight Stand- tivity is to begin, for the purpose of re- ards District Office having jurisdiction ceiving information in the aircraft over the area in which the parachute about known air traffic in the vicinity jump is to be made, at least 4 days be- of the jumping activity; and fore the day of that jump. (iii) The information described in (c) Each holder of a certificate of au- paragraph (a)(1)(ii) of this section has thorization issued under this section been received by the pilot in command shall present that certificate for in- and the jumpers in that flight; and spection upon the request of the Ad- (2) The pilot in command of an air- ministrator, or any Federal, State, or craft used for any jumping activity in local official. or into controlled airspace shall, dur- ing each flight— [Doc. No. 1491, 27 FR 11636, Nov. 27, 1962, as (i) Maintain or have maintained a amended by Amdt. 105–1, 29 FR 14920, Nov. 4, continuous watch on the appropriate 1964; Amdt. 105–7, 43 FR 22641, May 25, 1978] frequency of the aircraft’s radio com- munications system from the time § 105.17 Jumps over or onto airports. radio communications are first estab- Unless prior approval has been given lished between the aircraft and ATC, by the airport management, no person until he advises ATC that the jumping may make a parachute jump, and no activity is ended from that flight; and pilot in command of an aircraft may
310
VerDate 27
allow a parachute jump to be made tivity, and be submitted at least 15 from that aircraft— days, but not more than 30 days, before (a) Over an airport that does not the jumping is to begin. ATC may re- have a functioning control tower oper- voke the acceptance of the notification ated by the United States; or for any failure of the jumping organiza- (b) Onto any airport. tion to comply with its terms. However, a parachutist may drift over (c) This section does not apply to that airport with a fully deployed and parachute jumps in or into any air- properly functioning parachute if he is space or place described in § 105.15, at least 2,000 feet above that airport’s § 105.19, or § 105.21. traffic pattern, and avoids creating a hazard to air traffic or to persons and [Doc. No. 7824, 31 FR 16612, Dec. 29, 1966] property on the ground. § 105.25 Information required, and no- [Doc. No. 4057, 29 FR 14920, Nov. 4, 1964] tice of cancellation or postpone- ment of jump. § 105.19 Jumps in or into Class A, Class B, Class C, and Class D air- (a) Each person requesting an author- space. ization under § 105.19 or § 105.21, and (a) No person may make a parachute each person submitting a notice under jump, and no pilot in command may § 105.23, must include the following in- allow a parachute jump to be made formation (on an individual or group from that aircraft, in or into Class A, basis) in that request or notice: Class B, Class C, and Class D airspace (1) The date and time jumping will without, or in violation of, the terms of begin. an ATC authorization issued under this (2) The size of the jump zone ex- section. pressed in nautical mile radius around (b) Each request for an authorization the target. under this section must be submitted (3) The location of the center of the to the nearest FAA air traffic control jump zone in relation to— facility or FAA flight service station (i) The nearest VOR facility in terms and must include the information pre- of the VOR radial on which it is lo- scribed by § 105.25(a). cated, and its distance in nautical [Amdt. 105–10, 56 FR 65658, Dec. 17, 1991] miles from the VOR facility when that facility is 30 nautical miles or less § 105.23 Jumps in or into other air- from the drop zone target; or space. (ii) The nearest airport, town, or city (a) No person may make a parachute depicted on the appropriate Coast and jump, and no pilot in command of an Geodetic Survey WAC or Sectional aircraft may allow a parachute jump to Aeronautical chart, when the nearest be made from that aircraft, in or into VOR facility is more than 30 nautical airspace unless the nearest FAA air miles from the drop zone target. traffic control facility or FAA flight (4) The altitudes above mean sea service station was notified of that level at which jumping will take place. jump at least 1 hour before the jump is (5) The duration of the intended to be made, but not more than 24 hours jump. before the jumping is to be completed, (6) The name, address, and telephone and the notice contained the informa- number of the person requesting the tion prescribed in § 105.25(a). authorization or giving notice. (b) Notwithstanding paragraph (a) of this section, ATC may accept from a (7) The identification of the aircraft parachute jumping organization a writ- to be used. ten notification of a scheduled series of (8) The radio frequencies, if any, jumps to be made over a stated period available in the aircraft. of time not longer than 12 calendar (b) Each person requesting an author- months. The notification must contain ization under § 105.19 or § 105.21, and the information prescribed by each person submitting a notice under § 105.25(a), identify the responsible per- § 105.23, must promptly notify the FAA sons associated with that jumping ac- air traffic control facility or FAA
311
VerDate 27
flight service station from which it re- (a) of this section from the time that quested authorization or which it noti- person exits the aircraft until that per- fied, if the proposed or scheduled jump- son reaches the surface. ing activity is canceled or postponed. [Doc. No. 16383, 43 FR 22641, May 25, 1978] [Doc. No. 7824, 31 FR 16612, Dec. 29, 1966, as amended by Amdt. 105–6, 41 FR 47229, Oct. 28, § 105.35 Liquor and drugs. 1976; Amdt. 105–9, 51 FR 21907, June 17, 1986] No person may make a parachute jump while, and no pilot in command § 105.27 Jumps over or within re- stricted or prohibited areas. of an aircraft may allow a person to make a parachute jump from that air- No person may make a parachute craft if that person appears to be: jump, and no pilot in command may (a) Under the influence of intoxicat- allow a parachute jump to be made ing liquor; or from that aircraft, over or within a re- (b) Using any drug that affects his stricted area or prohibited area unless faculties in any way contrary to safe- the controlling agency of the area con- ty. cerned has authorized that jump. § 105.37 Inspections. § 105.29 Flight visibility and clearance from clouds requirements. The Administrator may inspect (in- cluding inspections at the jump site), No person may make a parachute any parachute jump operation to which jump, and no pilot in command of an this part applies, to determine compli- aircraft may allow a parachute jump to ance with the regulations of this part. be made from that aircraft— (a) Into or through a cloud; or (b) When the flight visibility is less, Subpart C—Parachute Equipment or at a distance from clouds that is less, than that prescribed in the follow- § 105.41 Applicability. ing table: (a) Except as provided in paragraph (b) of this section, this subpart pre- Flight vis- scribes rules governing parachute ibility Altitude (statute Distance from clouds equipment used in parachute jumps to miles) which this part applies. (1) 1,200 feet or less 3 500 feet below. 1,000 (b) This subpart does not apply to a above the surface re- feet above. 2,000 parachute jump made by a member of gardless of the MSL feet horizontal. an Armed Force using parachute equip- altitude. (2) More than 1,200 3 500 feet below. 1,000 ment of an Armed Force. feet above the sur- feet above. 2,000 face but less than feet horizontal. § 105.43 Parachute equipment and 10,000 feet MSL. packing requirements. (3) More than 1,200 5 1,000 feet below. 1,000 feet above the sur- feet above. 1 mile (a) No person may make a parachute face and at or above horizontal. jump, and no pilot in command of an 10,000 feet MSL. aircraft may allow any person to make a parachute jump from that aircraft, [Doc. No. 9937, 36 FR 8775, May 13, 1971] unless that person is wearing a single harness dual parachute pack, having at § 105.33 Parachute jumps between sun- least one main parachute and one ap- set and sunrise. proved auxiliary parachute that are (a) No person may make a parachute packed as follows: jump, and no pilot in command of an (1) The main parachute must have aircraft may allow any person to make been packed by a certificated para- a parachute jump from that aircraft, chute rigger, or by the person making between sunset and sunrise, unless that the jump, within 120 days before the person is equipped with a means of pro- date of its use. ducing a light visible for at least 3 (2) The auxiliary must have been statute miles. packed by a certificated and appro- (b) Each person making a parachute priately rated parachute rigger: jump between sunset and sunrise shall (i) Within 120 days before the date of display the light required by paragraph use, if its canopy, shroud, and harness
312
VerDate 27
are composed exclusively of nylon, ber, an AAF order number, or any rayon, or other similar synthetic fiber other military designation or specifica- or material that is substantially resist- tion number. ant to damage from mold, mildew, or [Doc. No. 1491, 27 FR 11636, Nov. 27, 1962 as other fungi and other rotting agents amended by Amdt. 105–3, 33 FR 8481 June 8, propagated in a moist environment; or 1968; Amdt. 105–7, 43 FR 22641, May 25, 1978] (ii) Within 60 days before the date of use, if it is composed in any amount of silk, pongee, or other natural fiber, or PART 107—AIRPORT SECURITY material not specified in paragraph (a)(2)(i) of this section. Sec. 107.1 Applicability and definitions. (b) No person may make a parachute 107.2 Falsification. jump using a static line attached to 107.3 Security program. the aircraft and the main parachute 107.5 Approval of security program. unless an assist device, described and 107.7 Changed conditions affecting security. attached as follows, is used to aid the 107.9 Amendment of security program by pilot chute in performing its function, airport operator. or, if no pilot chute is used, to aid in 107.11 Amendment of security program by the direct deployment of the main FAA. parachute canopy. 107.13 Security of air operations area. (1) The assist device must be long 107.14 Access control system. enough to allow the container to open 107.15 Law enforcement support. 107.17 Law enforcement officers. before a load is placed on the device. 107.19 Use of Federal law enforcement offi- (2) The assist device must have a cers. static load strength of— 107.20 Submission to screening. (i) At least 28 pounds but not more 107.21 Carriage of an explosive, incendiary, than 160 pounds, if it is used to aid the or deadly or dangerous weapon. pilot chute in performing its function; 107.23 Records. or 107.25 Airport identification media. (ii) At least 56 pounds but not more 107.27 Evidence of compliance. than 320 pounds, if it is used to aid in 107.29 Airport Security Coordinator. the direct deployment of the main 107.31 Access investigation. parachute canopy. AUTHORITY: 49 U.S.C. 106(g), 5103, 40113, (3) The assist device must be at- 40119, 44701–44702, 44706, 44901–44905, 44907, tached— 44913–44914, 44932, 44935–44936, 46105. (i) At one end, to the static line above the static line pins, or, if static § 107.1 Applicability and definitions. pins are not used, above the static line (a) This part prescribes aviation se- ties to the parachute cone; and curity rules governing— (ii) At the other end, to the pilot (1) The operation of each airport reg- chute apex, bridle cord or bridle loop, ularly serving the scheduled passenger or, if no pilot chute is used, to the operations of a certificate holder re- main parachute canopy. quired to have a security program by (c) No person may attach an assist § 108.5(a) of this chapter; device required by paragraph (b) of this (2) The operation of each airport reg- section to any main parachute unless ularly serving scheduled passenger op- he has a current parachute rigger cer- erations of a foreign air carrier re- tificate issued under part 65 of this quired to have a security program by chapter or is the person who makes the § 129.25 of this chapter; jump with that parachute. (3) Each person who is in or entering (d) For the purpose of this section, an a sterile area on an airport described in approved parachute is: paragraph (a)(1) or (a)(2) of this sec- (1) A parachute manufactured under tion; and a type certificate or a technical stand- (4) Each person who files an applica- ard order (C–23 series); or tion or makes entries into any record (2) A personnel-carrying military or report that is kept, made, or used to parachute (other than a high altitude, show compliance under this part, or to high-speed, or ejection kind) identified exercise any privileges under this part. by an NAF, AAF, or AN drawing num- (b) For purposes of this part—
313
VerDate 27
(1) Airport operator means a person (c) Any reproduction or alteration, who operates an airport regularly serv- for fraudulent purpose, of any report, ing scheduled passenger operations of a record, security program, access me- certificate holder or a foreign air car- dium, or identification medium issued rier required to have a security pro- under this part. gram by § 108.5(a) or § 129.25 of this [Doc. No. 28745, 61 FR 64244, Dec. 3, 1996] chapter; (2) Air Operations Area means a por- § 107.3 Security program. tion of an airport designed and used for (a) No airport operator may operate landing, taking off, or surface maneu- an airport subject to this part unless it vering of airplanes; adopts and carries out a security pro- (3) Escort means to accompany or su- gram that— pervise an individual who does not (1) Provides for the safety of persons have unescorted access authority to and property traveling in air transpor- areas restricted for security purposes, tation and intrastate air transpor- as identified in the airport security tation against acts of criminal violence program, in a manner sufficient to and aircraft piracy; take action should the individual en- (2) Is in writing and signed by the gage in activities other than those for airport operator or any person to which the escorted access is granted. whom the airport operator has dele- The responsive actions can be taken by gated authority in this matter; the escort or other authorized individ- (3) Includes the items listed in para- ual. graph (b), (f), or (g) of this section, as (4) Exclusive area means that part of appropriate; and an air operations area for which an air (4) Has been approved by the Director carrier has agreed in writing with the of Civil Aviation Security. airport operator to exercise exclusive (b) For each airport subject to this security responsibility under an ap- part regularly serving scheduled pas- proved security program or a security senger operations conducted in air- program used in accordance with planes having a passenger seating con- § 129.25; figuration (as defined in § 108.3 of this (5) Law enforcement officer means an section of this chapter) of more than 60 individual who meets the requirements seats, the security program required by of § 107.17; and paragraph (a) of this section must in- (6) Sterile area means an area to clude at least the following: which access is controlled by the in- (1) A description of each air oper- spection of persons and property in ac- ations area, including its dimensions, cordance with an approved security boundaries, and pertinent features. program or a security program used in (2) A description of each area on or accordance with § 129.25. adjacent to, the airport which affects the security of any air operations area. [Doc. No. 16245, 43 FR 60792, Dec. 28, 1978, as (3) A description of each exclusive amended by Amdt. 107–1, 46 FR 3785, Jan. 15, area, including its dimensions, bound- 1981; Amdt. 107–7, 60 FR 51867, Oct. 3, 1995; aries, and pertinent features, and the Amdt. 107–9, 61 FR 64244, Dec. 3, 1996] terms of the agreement establishing § 107.2 Falsification. the area. (4) The procedures, and a description No person may make, or cause to be of the facilities and equipment, used to made, any of the following: perform the control functions specified (a) Any fraudulent or intentionally in § 107.13(a) by the airport operator false statement in any application for and by each air carrier having security any security program, access medium, responsibility over an exclusive area. or identification medium, or any (5) The procedures each air carrier amendment thereto, under this part. having security responsibility over an (b) Any fraudulent or intentionally exclusive area will use to notify the false entry in any record or report that airport operator when the procedures, is kept, made, or used to show compli- facilities, and equipment it uses are ance with this part, or exercise any not adequate to perform the control privileges under this part. functions described in § 107.13(a).
314
VerDate 27
(6) A description of the alternate se- (g) For each airport subject to this curity procedures, if any, that the air- part where the certificate holder or for- port operator intends to use in emer- eign air carrier is required to conduct gencies and other unusual conditions. passenger screening under a security (7) A description of the law enforce- program required by § 108.5(a) (2) or (3) ment support necessary to comply with or § 129.25(b) (2) or (3) of this chapter, or § 107.15. conducts screening under a security (8) A description of the training pro- program being carried out pursuant to gram for law enforcement officers re- § 108.5(b), as appropriate, the security quired by § 107.17. program required by paragraph (a) of (9) A description of the system for this section must include at least the maintaining the records described in following: § 107.23. (1) A description of the law enforce- (c) The airport operator may comply ment support necessary to comply with with paragraph (b), (f), or (g) of this § 107.15. section by including in the security (2) A description of the training pro- program as an appendix any document gram for law enforcement officers re- which contains the information re- quired by § 107.17. quired by paragraph (b), (f), or (g) of (3) A description of the system for this section. maintaining the records described in (d) Each airport operator shall main- § 107.23. tain at least one complete copy of its [Doc. No. 16245, 43 FR 60792, Dec. 28, 1978, as approved security program at its prin- amended by Amdt. 107–1, 46 FR 3785, Jan. 15, cipal operations office, and shall make 1981; Amdt. 107–5, 54 FR 28765, July 7, 1989; it available for inspection upon the re- Amdt. 107–10, 62 FR 13744, Mar. 21, 1997] quest of any Civil Aviation Security Special Agent. § 107.5 Approval of security program. (e) Each airport operator shall— (a) Unless a shorter period is allowed (1) Restrict the distribution, disclo- by the Director of Civil Aviation Secu- sure, and availability of sensitive secu- rity, each airport operator seeking ini- rity information, as defined in part 191 tial approval of a security program for of this chapter, to persons with a need- an airport subject to this part shall to-know; and submit the proposed program to the Di- (2) Refer requests for security sen- rector of Civil Aviation Security at sitive information by other persons to least 90 days before any scheduled pas- the Assistant Administrator for Civil senger operations are expected to begin Aviation Security. by any certificate holder or permit (f) For each airport subject to this holder to whom § 121.538 or § 129.25 of part regularly serving scheduled pas- this chapter applies. senger operations conducted in air- (b) Within 30 days after receipt of a planes having a passenger seating con- proposed security program, the Direc- figuration (as defined in § 10.3 of this tor of Civil Aviation Security either chapter) of more than 30 but less than approves the program or gives the air- 61 seats, the security program required port operator written notice to modify by paragraph (a) of this section must the program to make it conform to the include at least the following: applicable requirements of this part. (1) A description of the law enforce- (c) After receipt of a notice to mod- ment support necessary to comply with ify, the airport operator may either § 107.15(b), and the procedures which submit a modified security program or the airport operator has arranged to be petition the Administrator to recon- used by the certificate holder or for- sider the notice to modify. A petition eign air carrier to summon that sup- for reconsideration must be filed with port. the Director of Civil Aviation Security. (2) A description of the training pro- (d) Upon receipt of a petition for re- gram for law enforcement officers re- consideration, the Director of Civil quired by § 107.17. Aviation Security reconsiders the no- (3) A description of the system for tice to modify and either amends or maintaining the records described in withdraws the notice or transmits the § 107.23. petition, together with any pertinent
315
VerDate 27
information, to the Administrator for amendment to the security program to consideration. bring it into compliance with this part. (e) After review of a petition for re- [Doc. No. 16245, 43 FR 60792, Dec. 28, 1978, as consideration, the Administrator dis- amended by Amdt. 107–1, 46 FR 3786, Jan. 15, poses of the petition by either direct- 1981; 46 FR 36053, July 13, 1981; Amdt. 107–6, 56 ing the Director of Civil Aviation Secu- FR 41424, Aug. 20, 1991] rity to withdraw or amend the notice to modify, or by affirming the notice to § 107.9 Amendment of security pro- gram by airport operator. modify. (a) An airport operator requesting [Doc. No. 16245, 43 FR 60792, Dec. 28, 1978, as approval of a proposed amendment to amended by Amdt. 107–5, 54 FR 28765, July 7, the security program shall submit the 1989] request to the Director of Civil Avia- tion Security. Unless a shorter period § 107.7 Changed conditions affecting security. is allowed by the Director of Civil Aviation Security, the request must be (a) After approval of the security pro- submitted at least 30 days before the gram, the airport operator shall follow proposed effective date. the procedures prescribed in paragraph (b) Within 15 days after receipt of a (b) of this section whenever it deter- proposed amendment, the Director of mines that any of the following Civil Aviation Security issues to the changed conditions has occurred: airport operator, in writing, either an (1) Any description of an airport area approval or a denial of the request. set out in the security program in ac- (c) An amendment to a security pro- cordance with § 107.3(b) (1), (2), or (3) is gram is approved if the Director of no longer accurate. Civil Aviation Security determines (2) The procedures included, and the that— facilities and equipment described, in (1) Safety and the public interest will the security program in accordance allow it, and with § 107.3(b) (4) and (5) are not ade- (2) The proposed amendment provides quate for the control functions de- the level of security required by § 107.3. scribed in § 107.13(a). (d) After denial of a request for an (3) The airport operator changes any amendment the airport operator may petition the Administrator to recon- alternate security procedures described sider the denial. A petition for recon- in the security program in accordance sideration must be filed with the Direc- with § 107.3(b)(6). tor of Civil Aviation Security. (4) The law enforcement support de- (e) Upon receipt of a petition for re- scribed in the security program in ac- consideration the Director of Civil cordance with § 107.3 (b)(7), (f)(1), or Aviation Security reconsiders the de- (g)(1) is not adequate to comply with nial and either approves the proposed § 107.15. amendment or transmits the petition, (5) Any changes to the designation of together with any pertinent informa- the Airport Security Coordinator tion, to the Administrator for consider- (ASC) required under § 107.29. ation. (b) Whenever a changed condition de- (f) After review of a petition for re- scribed in paragraph (a) of this section consideration, the Administrator dis- occurs, the airport operator shall— poses of the petition by either direct- (1) Immediately notify the FAA secu- ing the Director of Civil Aviation Secu- rity office having jurisdiction over the rity to approve the proposed amend- airport of the changed condition, and ment or affirming the denial. identify each interim measure being [Doc. No. 16245, 43 FR 60792, Dec. 28, 1978, as taken to maintain adequate security amended by Amdt. 107–5, 54 FR 28765, July 7, until an appropriate amendment to the 1989] security program is approved; and (2) Within 30 days after notifying the § 107.11 Amendment of security pro- FAA in accordance with paragraph gram by FAA. (b)(1) of this section, submit for ap- (a) The Administrator or Director of proval in accordance with § 107.9 an Civil Aviation Security may amend an
316
VerDate 27
approved security program for an air- effective without stay on the date the port, if it is determined that safety and airport operator receives notice of it. the public interest require the amend- In such a case, the Administrator or ment. the Director of Civil Aviation Security (b) Except in an emergency as pro- incorporates in the notice of the vided in paragraph (f) of this section, amendment the finding, including a when the Administrator or the Direc- brief statement of the reasons for the tor of Civil Aviation Security proposes emergency and the need for emergency to amend a security program, a notice action. of the proposed amendment is issued to the airport operator, in writing, fixing [Doc. No. 16245, 43 FR 60792, Dec. 28, 1978, as a period of not less than 30 days within amended by Amdt. 107–5, 54 FR 28765, July 7, which the airport operator may submit 1989] written information, views, and argu- § 107.13 Security of air operations ments on the amendment. After consid- area. ering all relevant material, including that submitted by the airport operator, (a) Except as provided in paragraph the Administrator or the Director of (b) of this section, each operator of an Civil Aviation Security either rescinds airport serving scheduled passenger op- the notice or notifies the airport opera- erations where the certificate holder or tor in writing of any amendment foreign air carrier is required to con- adopted, specifying an effective date duct passenger screening under a pro- not less than 30 days after receipt of gram required by § 108.5(a)(1) or the notice of amendment by the airport § 129.25(b)(1) of this chapter as appro- operator. priate shall use the procedures in- (c) After receipt of a notice of amend- cluded, and the facilities and equip- ment from a Director of Civil Aviation ment described, in its approved secu- Security, the airport operator may pe- rity program, to perform the following tition the Administrator to reconsider control functions: the amendment. A petition for recon- (1) Controlling access to each air op- sideration must be filed with the Direc- erations area, including methods for tor of Civil Aviation Security. Except preventing the entry of unauthorized in an emergency as provided in para- persons and ground vehicles. graph (f) of this section, a petition for (2) Controlling movement of persons reconsideration stays the amendment and ground vehicles within each air op- until the Administrator takes final ac- erations area, including, when appro- tion on the petition. priate, requirements for the display of (d) Upon receipt of a petition for re- identification. consideration, the Director of Civil (3) Promptly detecting and taking ac- Aviation Security reconsiders the tion to control each penetration, or at- amendment and either rescinds or tempted penetration, of an air oper- modifies the amendment or transmits ations area by a person whose entry is the petition, together with any perti- not authorized in accordance with the nent information, to the Administrator security program. for consideration. (e) After review of a petition for re- (b) An airport operator need not com- consideration, the Administrator dis- ply with paragraph (a) of this section poses of the petition by directing the with respect to an air carrier’s exclu- Director of Civil Aviation Security to sive area, if the airport operator’s secu- rescind the notice of amendment or to rity program contains— issue the amendment as proposed or in (1) Procedures, and a description of modified form. the facilities and equipment, used by (f) If the Administrator or the Direc- the air carrier to perform the control tor of Civil Aviation Security finds functions described in paragraph (a) of that there is an emergency requiring this section; and immediate action that makes the pro- (2) Procedures by which the air car- cedure in paragraph (b) of this section rier will notify the airport operator impracticable or contrary to the public when its procedures, facilities, and interest, an amendment may be issued equipment are not adequate to perform
317
VerDate 27
the control functions described in para- whichever is later, for airports where graph (a) of this section. at least 25 million persons are screened [Doc. No. 16245, 43 FR 60792, Dec. 28, 1978, as annually or airports that have been amended by Amdt. 107–1, 46 FR 3786, Jan. 15, designated by the Director of Civil 1981; Amdt. 107–2, 47 FR 13316, Mar. 29, 1982] Aviation Security. The amendment shall specify that the system, method, § 107.14 Access control system. or procedure must be fully operational (a) Except as provided in paragraph within 18 months after the date on (b) of this section, each operator of an which an airport operator’s amend- airport regularly serving scheduled ment to its approved security program passenger operations conducted in air- is approved by the Director of Civil planes having a passenger seating con- Aviation Security. figuration (as defined in § 108.3 of this (2) By August 8, 1989, or by 6 months chapter) of more than 60 seats shall after becoming subject to this section, submit to the Director of Civil Avia- whichever is later, for airports where tion Security, for approval and inclu- more than 2 million persons are sion in its approved security program, screened annually. The amendment an amendment to provide for a system, shall specify that the system, method, method, or procedure which meets the or procedure must be fully operational requirements specified in this para- graph for controlling access to secured within 24 months after the date on areas of the airport. The system, meth- which an airport operator’s amend- od, or procedure shall ensure that only ment to its approved security program those persons authorized to have access is approved by the Director of Civil to secured areas by the airport opera- Aviation Security. tor’s security program are able to ob- (3) By February 8, 1990, or by 12 tain that access and shall specifically months after becoming subject to this provide a means to ensure that such section, whichever is later, for airports access is denied immediately at the ac- where at least 500,000 but not more cess point or points to individuals than 2 million persons are screened an- whose authority to have access nually. The amendment shall specify changes. The system, method, or proce- that the system, method, or procedure dure shall provide a means to differen- must be fully operational within 30 tiate between persons authorized to months after the date on which an air- have access to only a particular por- port operator’s amendment to its ap- tion of the secured areas and persons proved security program is approved by authorized to have access only to other the Director of Civil Aviation Security. portions or to the entire secured area. (4) By February 8, 1990, or by 12 The system, method, or procedure shall months after becoming subject to this be capable of limiting an individual’s section, whichever is later, for airports access by time and date. where less than 500,000 persons are (b) The Director of Civil Aviation Se- screened annually. The amendment curity will approve an amendment to shall specify that the system, method, an airport operator’s security program or procedure must be fully operational that provides for the use of an alter- within 30 months after the date on native system, method, or procedure if, in the Director’s judgment, the alter- which an airport operator’s amend- native would provide an overall level of ment to its approved security program security equal to that which would be is approved by the Director of Civil provided by the system, method, or Aviation Security. procedure described in paragraph (a) of (d) Notwithstanding paragraph (c) of this section. this section, an airport operator of a (c) Each airport operator shall sub- newly constructed airport commencing mit the amendment to its approved se- initial operation after December 31, curity program required by paragraph 1990, as an airport subject to paragraph (a) or (b) of this section according to (a) of this section, shall include as part the following schedule: of its original airport security program (1) By August 8, 1989, or by 6 months to be submitted to the FAA for ap- after becoming subject to this section, proval a fully operational system,
318
VerDate 27
method, or procedure in accordance (c) The training program required by with this section. paragraph (a)(4) of this section must provide training in the subjects speci- [Doc. No. 25568, 54 FR 588, Jan. 6, 1989] fied in paragraph (d) of this section and § 107.15 Law enforcement support. either— (1) Meet the training standards, if (a) Each airport operator shall pro- any, prescribed by either the State or vide law enforcement officers in the the local jurisdiction in which the air- number and in a manner adequate to port is located, for law enforcement of- support— ficers performing comparable func- (1) Its security program; and tions; or (2) Each passenger screening system (2) If the State and local jurisdictions required by part 108 or § 129.25 of this in which the airport is located do not chapter. prescribe training standards for offi- (b) For scheduled or public charter cers performing comparable functions, passenger operations with airplanes be acceptable to the Administrator. having a passenger seating configura- (d) The training program required by tion (as defined in § 108.3 of this chap- paragraph (a)(4) of this section must ter) of more than 30 but less than 61 include training in— seats for which a passenger screening (1) The use of firearms; system is not required, each airport op- (2) The courteous and efficient treat- erator shall ensure that law enforce- ment of persons subject to inspection, ment officers are available and com- detention, search, arrest, and other mitted to respond to an incident at the aviation security activities; request of a certificate holder or for- (3) The responsibilities of a law en- eign air carrier and shall ensure that forcement officer under the airport op- the request procedures are provided to erator’s approved security program; the certificate holder or foreign air and carrier. (4) Any other subject the Adminis- [Doc No. 108, 46 FR 3786, Jan. 15, 1981] trator determines is necessary.
§ 107.17 Law enforcement officers. [Doc. No. 16245, 43 FR 60792, Dec. 28, 1978, as amended by Amdt. 107–1, 46 FR 3786, Jan. 15, (a) No airport operator may use, or 1981] arrange for response by, any person as a required law enforcement officer un- § 107.19 Use of Federal law enforce- less, while on duty on the airport, the ment officers. officer— (a) Whenever State, local, and pri- (1) Has the arrest, authority de- vate law enforcement officers who scribed in paragraph (b) of this section; meet the requirements of § 107.17 are (2) Is readily identifiable by uniform not available in sufficient numbers to and displays or carries a badge or other meet the requirements of § 107.15, the indicia of authority; airport operator may request that the (3) Is armed with a firearm and au- Administrator authorize it to use Fed- thorized to use it; and eral law enforcement officers. (4) Has completed a training program (b) Each request for the use of Fed- that meets the requirements in para- eral law enforcement officers must be graph (c) of this section. accompanied by the following informa- (b) The law enforcement officer must, tion: while on duty on the airport, have the (1) The number of passengers en- authority to arrest, with or without a planed at the airport during the pre- warrant, for the following violations of ceding calendar year and the current the criminal laws of the State and calendar year as of the date of the re- local jurisdictions in which the airport quest. is located: (2) The anticipated risk of criminal (1) A crime committed in the officer’s violence and aircraft piracy at the air- presence. port and to the air carrier aircraft op- (2) A felony, when the officer has rea- erations at the airport. son to believe that the suspect has (3) A copy of that portion of the air- committed it. port operator’s security program which
319
VerDate 27
describes the law enforcement support (1) Law enforcement officers required necessary to comply with § 107.15. to carry a firearm by this part while on (4) The availability of State, local, duty on the airport. and private law enforcement officers (2) Persons authorized to carry a fire- who meet the requirements of § 107.17, arm in accordance with § 108.11 or including a description of the airport § 129.27. operator’s efforts to obtain law en- (3) Persons authorized to carry a fire- forcement support from State, local, arm in a sterile area under an approved and private agencies and the responses security program or a security pro- of those agencies. gram used in accordance with § 129.25. (5) The airport operator’s estimate of [Doc. No. 16245, 43 FR 60792, Dec. 28, 1978, as the number of Federal law enforcement amended by Amdt. 107–3, 51 FR 1352, Jan. 10, officers needed to supplement available 1986] officers and the period of time for which they are needed. § 107.23 Records. (6) A statement acknowledging re- (a) Each airport operator shall ensure sponsibility for providing reimburse- that— ment for the cost of providing Federal (1) A record is made of each law en- law enforcement officers. forcement action taken in furtherance (7) Any other information the Admin- of this part; istrator considers necessary. (2) The record is maintained for a (c) In response to a request submitted minimum of 90 days; and in accordance with this section, the (3) It is made available to the admin- Administrator may authorize, on a re- istrator upon request. imbursable basis, the use of law en- (b) Data developed in response to forcement officers employed by the paragraph (a) of this section must in- FAA or by any other Federal agency, clude at least the following: with the consent of the head of that (1) The number and type of firearms, agency. explosives, and incendiaries discovered [Doc. No. 16245, 43 FR 60792, Dec. 28, 1978] during any passenger screening proc- ess, and the method of detection of § 107.20 Submission to screening. each. (2) The number of acts and attempted No person may enter a sterile area acts of air piracy. without submitting to the screening of (3) The number of bomb threats re- his or her person and property in ac- ceived, real and simulated bombs cordance with the procedures being ap- found, and actual bombings on the air- plied to control access to that area port. under § 108.9 or § 129.25 of this chapter. (4) The number of detentions and ar- [Doc. No. 24883, 51 FR 1352, Jan. 10, 1986] rests, and the immediate disposition of each person detained or arrested. § 107.21 Carriage of an explosive, in- cendiary, or deadly or dangerous [Doc. No. 16245, 43 FR 60792, Dec. 28, 1978, as weapon. amended by Amdt. 107–3, 51 FR 1352, Jan. 10, 1986] (a) Except as provided in paragraph (b) of this section, no person may have § 107.25 Airport identification media. an explosive, incendiary, or deadly or (a) As used in this section, security dangerous weapon on or about the indi- identification display area means any vidual’s person or accessible property— area identified in the airport security (1) When performance has begun of program as requiring each person to the inspection of the individual’s per- continuously display on their outer- son or accessible property before enter- most garment, an airport-approved ing a sterile area; and identification medium unless under (2) When entering or in a sterile area. airport-approved escort. (b) The provisions of this section (b) After January 1, 1992, an airport with respect to firearms do not apply operator may not issue to any person to the following: any identification media that provides
320
VerDate 27
unescorted access to any security iden- each person under this section until 180 tification display area unless the per- days after the termination of that per- son has successfully completed train- son’s unescorted access privileges. ing in accordance with an FAA-ap- [Doc. No. 26522, 56 FR 41424, Aug. 20, 1991] proved curriculum specified in the se- curity program. § 107.27 Evidence of compliance. (c) By October 1, 1992, not less than 50 On request of the Assistant Adminis- percent of all individuals possessing trator for Civil Aviation Security, each airport-issued identification that pro- airport operator shall provide evidence vides unescorted access to any security of compliance with this part and its ap- identification display area at that air- proved security program. port shall have been trained in accord- ance with an FAA-approved curriculum [Doc. No. 26522, 56 FR 41424, Aug. 20, 1991] specified in the security program. (d) After May 1, 1993, an airport oper- § 107.29 Airport Security Coordinator. ator may not permit any person to pos- Each airport operator shall designate sess any airport-issued identification an Airport Security Coordinator (ASC) medium that provides unescorted ac- in its security program. The designa- cess to any security identification dis- tion shall include the name of the ASC, play area at that airport unless the and a description of the means by person has successfully completed which to contact the ASC on a 24-hour FAA-approved training in accordance basis. The ASC shall serve as the air- with a curriculum specified in the se- port operator’s primary contact for se- curity program. curity-related activities and commu- (e) The curriculum specified in the nications with FAA, as set forth in the security program shall detail the meth- security program. ods of instruction, provide attendees [Doc. No. 26522, 56 FR 41425, Aug. 20, 1991] the opportunity to ask questions, and include at least the following topics: § 107.31 Access Investigation. (1) Control, use, and display of air- (a) On or after January 31, 1996, this port-approved identification or access section applies to all individuals seek- media; ing authorization for, or seeking au- (2) Challenge procedures and the law thority to authorize others to have, enforcement response which supports unescorted access privileges to the se- the challenge procedure; curity identification display area (3) Restrictions on divulging informa- (SIDA) that is identified in the airport tion concerning an act of unlawful in- security program as defined by § 107.25. terference with civil aviation if such (b) Except as provided in paragraph information is likely to jeopardize the (e) of this section, each airport opera- safety of domestic or international tor must ensure that no individual is aviation; granted authorization for, or is granted (4) Non-disclosure of information re- authority to authorize others to have, garding the airport security system or unescorted access to the area identified any airport tenant’s security systems; in paragraph (a) of this section unless: and (1) The individual has satisfactorily (5) Any other topics deemed nec- undergone a review covering the past essary by the Assistant Administrator 10 years of employment history and for Civil Aviation Security. verification of the 5 years preceding (f) No person may use any airport-ap- the date the access investigation is ini- proved identification medium that pro- tiated as provided in paragraph (c) of vides unescorted access to any security this section; and identification display area to gain such (2) The results of the access inves- access unless that medium was issued tigation do not disclose that the indi- to that person by the appropriate air- vidual has been convicted or found not port authority or other entity whose guilty by reason of insanity, in any ju- identification is approved by the air- risdiction, during the 10 years ending port operator. on the date of such investigation, of a (g) The airport operator shall main- crime involving any of the following tain a record of all training given to crimes enumerated in paragraphs
321
VerDate 27
(b)(2)(i) through (xxv) of this section. (xxiii) Distribution of, or intent to Where specific citations are listed, distribute, a controlled substance; both the current citation and the cita- (xxiv) Felony arson; or tion that applied before the statutes (xxv) Conspiracy or attempt to com- are recodified in 1994 are listed. mit any of the aforementioned crimi- (i) Forgery of certificates, false mak- nal acts. ing of aircraft, and other aircraft reg- (c) The access investigation must in- istration violations, 49 U.S.C. 46306 clude the following steps: [formerly 49 U.S.C. App. 1472 (b)]; (1) The individual must complete an (ii) Interference with air navigation, application form that includes: 49 U.S.C. 46308, [formerly 49 U.S.C. App (i) The individual’s full name, includ- 1472 (c)]; ing any aliases or nicknames; (iii) Improper transportation of a (ii) The dates, names, phone num- hazardous material, 49 U.S.C. 46312, bers, and addresses of previous employ- [formerly 49 U.S.C. App 1472(b)(2)]; ers, with explanations for any gaps in (iv) Aircraft piracy, 49 U.S.C. 46502, employment of more than 12 months, [formerly 49 U.S.C. App 1472(i); during the previous 10-year period; (v) Interference with flightcrew (iii) Notification that the individual members or flight attendants, 49 U.S.C. will be subject to an employment his- 46504, [formerly 49 U.S.C. App 1472(j)]; tory verification and possibly a crimi- (vi) Commission of certain crimes nal history records check; and aboard aircraft in flight, 49 U.S.C. (iv) Any convictions during the pre- 46506, [formerly 49 U.S.C. App 1472(k)]; vious 10-year period of the crimes list- (vii) Carrying a weapon or explosive ed in paragraph (b)(2) of this section. aboard an aircraft, 49 U.S.C. 46505 [for- (2) The identity of the individual merly 49 U.S.C. App 1472(l)]; must be verified through the presen- (viii) Conveying false information tation of two forms of identification, and threats, 49 U.S.C. 49 46507 [formerly one of which must bear the individual’s 49 U.S.C. App 1472 (m)]; photograph. (ix) Aircraft piracy outside the spe- (3) The information on the most re- cial aircraft jurisdiction of the United cent 5 years of employment history re- States, 49 U.S.C. 46502(b), [formerly 49 quired under paragraph (c)(1)(ii) of this U.S.C. App 1472(n)]; section must be verified in writing, by (x) Lighting violations involving documentation, by telephone, or in per- transporting controlled substances, 49 son. U.S.C. 46315, [formerly 49 U.S.C. App (4) If one or more of the following 1472(q)]; conditions exists, the access investiga- (xi) Unlawful entry into an aircraft tion must not be considered complete or airport area that serves air carriers unless it includes a check of the indi- or foreign air carriers contrary to es- vidual’s fingerprint-based criminal his- tablished security requirements, 49 tory record maintained by the Federal U.S.C. 46314, [formerly 49 U.S.C. App Bureau of Investigation (FBI). The air- 1472(r)]; port operator may request a check of (xii) Destruction of an aircraft or air- the individual’s fingerprint-based craft facility, 18 U.S.C. 32; criminal history record only if one or (xiii) Murder; more of the following conditions exists: (xiv) Assault with intent to murder; (i) The individual cannot satisfac- (xv) Espionage; torily account for a period of unem- (xvi) Sedition; ployment of 12 months or more during (xvii) Kidnapping or hostage taking; the previous 10-year period; (xviii) Treason; (ii) The individual is unable to sup- (xix) Rape or aggravated sexual port statements made or there are sig- abuse; nificant inconsistencies between infor- (xx) Unlawful possession, use, sale, mation provided on the application in distribution, or manufacture of an ex- response to questions required by para- plosive or weapon; graph (c)(1)(ii) of this section and that (xxi) Extortion; obtained through the 5-year verifica- (xxii) Armed robbery; tion process; or
322
VerDate 27
(iii) Information becomes available (h) Prior to commencing the criminal to the airport operator during the ac- history records check, the airport oper- cess investigation indicating a possible ator must notify the affected individ- conviction for one of the disqualifying uals. crimes. (i) The airport operator must collect (d) An airport operator may permit and process fingerprints in the follow- an individual to be under escort as de- ing manner: fined in § 107.1 in accordance with the (1) One set of legible and classifiable airport security program to the areas fingerprints must be recorded on fin- identified in paragraph (a) of this sec- gerprint cards approved by the FBI for tion. this purpose; (e) Notwithstanding the require- (2) The fingerprints must be obtained ments of this section, an airport opera- from the individual under direct obser- tor may authorize the following indi- vation by the airport operator; viduals to have unescorted access to (3) The identity of the individual the areas identified in paragraph (a) of must be verified at the time finger- this section: prints are obtained. The individual (1) Employees of the Federal govern- must present two forms of identifica- ment or a state or local government tion media, one of which must bear his (including law enforcement officers) or her photograph; who, as a condition of employment, (4) The fingerprint card must be for- have been subject to an employment warded to Federal Aviation Adminis- investigation; tration, 800 Independence Ave., S.W., (2) Crew members of foreign air car- Washington, D.C. 20591 (ATTN: ACO– riers covered by an alternate security 310, Access Processing); and arrangement in the approved airport (5) Fees for the processing of the operator security program; criminal checks are due upon applica- (3) An individual who has been con- tion. Airport operators shall submit tinuously employed in a position re- payment through corporate check, quiring unescorted access by another cashier’s check or money order made airport operator, airport tenant or air payable to ‘‘U.S. FAA,’’ at the rate of carrier; and $24.00 for each fingerprint card. Com- bined payment for multiple applica- (4) An individual who has access au- tions is acceptable. thority to the U.S. Customs Service se- (j) In conducting the criminal history curity area of the U.S. airport. records check required by this section, (f) An airport operator will be the airport operator must ascertain in- deemed to be in compliance with its formation on arrests for the crimes obligations under paragraphs (b)(1) and listed in paragraph (b)(2) of this section (b)(2) of this section, as applicable, for which no disposition has been re- when it accepts certification from: corded to make a determination of the (1) An air carrier subject to § 108.33 of outcome of the arrest. this chapter that the air carrier has (k) The airport operator must: complied with § 108.33 (a)(1) and (a)(2) (1) At the time the fingerprints are for its employees and contractors; and taken, notify the individual that a (2) An airport tenant other than a copy of any criminal history record re- U.S. air carrier that the tenant has ceived from the FBI will be made avail- complied with paragraph (b)(1) of this able if requested in writing. section for its employees. (2) Prior to making a final decision (g) The airport operator must des- to deny authorization for unescorted ignate the airport security coordinator access, advise the individual that the to be responsible for: FBI criminal history record discloses (1) Reviewing and controlling the re- information that would disqualify him sults of the access investigation; and or her from unescorted access author- (2) Serving as the contact to receive ization and provide each affected indi- notification from an individual apply- vidual with a copy of his or her FBI ing for unescorted access of his or her record if it has been requested. The in- intent to seek correction of his or her dividual may contact the local juris- criminal history record with the FBI. diction responsible for the information
323
VerDate 27
and the FBI to complete or correct the quired by the Assistant Administrator information contained in the record be- for Civil Aviation Security, and fore any final access decision is made, (2) A criminal history records check subject to the following conditions: must include the results of the records (i) Within 30 days after being advised check, or a certification by the airport that the FBI criminal history record operator or air carrier that the check discloses disqualifying information, was completed and did not uncover a the individual must notify the airport disqualifying conviction. These records operator, in writing, of his or her in- must be maintained in a manner that tent to correct any information be- protects the confidentiality of the em- lieved to be inaccurate. If no notifica- ployee, which is acceptable to the As- tion is received within 30 days, the air- sistant Administrator for Civil Avia- port operator may make a final access tion Security. decision. (ii) Upon notification by the individ- [Doc. No. 26763, 60 FR 51868, Oct. 3, 1995] ual that a record has been corrected, the airport operator must obtain a PART 108—AIRPLANE OPERATOR copy of the revised FBI record prior to SECURITY making a final access decision. (3) Notify an individual that a final Sec. decision has been made to grant or 108.1 Applicability. deny authorization for unescorted ac- 108.3 Definitions. cess. 108.4 Falsification. (l) Any individual authorized to have 108.5 Security program: Adoption and im- unescorted access privilege to the areas plementation. identified in paragraph (a) of this sec- 108.7 Security program: Form, content, and tion who is subsequently convicted of availability. any of the crimes listed in paragraph 108.9 Screening of passengers and property. (b)(2) of this section must report the 108.10 Prevention and management of hi- conviction and surrender the SIDA jackings and sabotage attempts. identification medium within 24 hours 108.11 Carriage of weapons. to the issuer. 108.13 Security of airplanes and facilities. (m) Criminal history record informa- 108.14 Transportation of Federal Air Mar- tion provided by the FBI must be used shals. solely for the purposes of this section, 108.15 Law enforcement officers. and no person shall disseminate the re- 108.17 Use of X-ray systems. sults of a criminal history records 108.18 Security Directives and Information check to anyone other than: Circulars. (1) The individual to whom the record 108.19 Security threats and procedures. pertains or that individual’s authorized 108.20 Use of explosives detection systems. representative; 108.21 Carriage of passengers under the con- trol of armed law enforcement escorts. (2) The airport operator; or 108.23 Training. (3) Others designated by the Adminis- 108.25 Approval of security programs and trator. amendments. (n) The airport must maintain a writ- 108.27 Evidence of compliance. ten record for each individual until 180 108.29 Standards for security oversight. days after the termination of the indi- 108.31 Employment standards for screening vidual’s authority for unescorted ac- personnel. cess. The records for each individual 108.33 Access investigation. subject to: (1) The access investigation must in- AUTHORITY: 49 U.S.C. 106(g), 5103, 40113, 40119, 44701–44702, 44705, 44901–44905, 44907, clude: the application, the employment 44913–44914, 44932, 44935–44936, 46105. verification information obtained by the employer, the names of those from SOURCE: Docket No. 108, 46 FR 3786, Jan. 15, whom the employment verification in- 1981, unless otherwise noted. formation was obtained, the date the contact was made, or certification of § 108.1 Applicability. same from air carriers or airport ten- (a) This part prescribes aviation se- ants, and any other information as re- curity rules governing—
324
VerDate 27
(1) The operations of holders of FAA (2) Passengers invited by the air carrier operating certificates or op- charterer, the cost of which is borne erating certificates engaging in sched- entirely by the charterer and not di- uled passenger operations or public rectly or indirectly by the individual charter passenger operations; passengers. (2) Each person aboard an airplane (d) Public charter means any charter operated by a certificate holder de- that is not a private charter. scribed in paragraph (a)(1) of this sec- (e) Scheduled passenger operations tion; means holding out to the public of air (3) Each person on an airport at transportation service for passengers which the operations described in para- from identified air terminals at a set graph (a)(1) of this section are con- time announced by timetable or sched- ducted; ule published in a newspaper, maga- (4) Each certificate holder who re- zine, or other advertising medium. ceives a Security Directive or Informa- (f) Sterile area means an area to which tion Circular and each person who re- access is controlled by the inspection ceives information from a Security Di- of persons and property in accordance rective or an Information Circular with an approved security program or a issued by the Director of Civil Aviation security program used in accordance Security; and with § 129.25. (5) Each person who files an applica- tion or makes entries into any record § 108.4 Falsification. or report that is kept, made or used to No person may make, or cause to be show compliance under this part, or to made, any of the following: exercise any privileges under this part. (a) Any fraudulent or intentionally (b) This part does not apply to heli- false statement in any application for copter or to all-cargo operations. any security program, access medium, or identification medium, or any [Doc. No. 24883, 51 FR 1352, Jan. 10, 1986, as amended by Amdt. 108–6, 54 FR 28984, July 10, amendment thereto, under this part. 1989; Amdt. 108–14, 61 FR 64244, Dec. 3, 1996] (b) Any fraudulent or intentionally false entry in any record or report that § 108.3 Definitions. is kept, made, or used to show compli- The following are definitions of ance with this part, or to exercise any terms used in this part: privileges under this part. (c) Any reproduction or alteration, (a) Certificate holder means a person holding an FAA operating certificate for fraudulent purpose, of any report, when that person engages in scheduled record, security program, access me- passenger or public charter passenger dium, or identification medium issued operations or both. under this part. (b) Passenger seating configuration [Doc. No. 28745, 61 FR 64244, Dec. 3, 1996] means the total number of seats for which the aircraft is type certificated § 108.5 Security program: Adoption that can be made available for pas- and implementation. senger use aboard a flight and includes (a) Each certificate holder shall that seat in certain airplanes which adopt and carry out a security program may be used by a representative of the that meets the requirements of § 108.7 Administrator to conduct flight checks for each of the following scheduled or but is available for revenue purposes on public charter passenger operations: other occasions. (1) Each operation with an airplane (c) Private charter means any charter having a passenger seating configura- for which the charterer engages the tion of more than 60 seats. total capacity of an airplane for the (2) Each operation that provides carriage of: deplaned passengers access, that is not (1) Passengers in civil or military air otherwise controlled by a certificate movements conducted under contract holder using an approved security pro- with the Government of the United gram or a foreign air carrier using a se- States of the Government of a foreign curity program required by § 129.25, to a country; or sterile area.
325
VerDate 27
(3) Each operation with an airplane (6) The procedures used to comply having a passenger seating configura- with the applicable requirements of tion of more than 30 but less than 61 § 108.10. seats; except that those parts of the (7) The curriculum used to accom- program effecting compliance with the plish the training required by § 108.23. requirements listed in § 108.7(b) (1), (2), (8) The procedures and a description and of the facilities and equipment used to (4) Need only be implemented when comply with the requirements of the Director of Civil Aviation Security § 108.20 regarding explosives detection or a designate of the Director notifies systems. the certificate holder in writing that a (c) Each certificate holder having an security threat exists with respect to approved security program shall— the operation. (1) Maintain at least one complete (b) Each certificate holder that has copy of the approved security program obtained FAA approval for a security at its principal business office; program for operations not listed in (2) Maintain a complete copy or the paragraph (a) of this section shall pertinent portions of its approved secu- carry out the provisions of that pro- rity program or appropriate imple- gram. menting instructions at each airport where security screening is being con- § 108.7 Security program: Form, con- ducted; tent, and availability. (3) Make these documents available (a) Each security program required for inspection upon request of any Civil by § 108.5 shall— Aviation Security Inspector; (1) Provide for the safety of persons (4) Restrict the distribution, disclo- and property traveling in air transpor- sure, and availability of sensitive secu- tation and intrastate air transpor- rity information, as defined in part 191 tation against acts of criminal violence of this chapter, to persons with a need- and air piracy; to-know; and (2) Be in writing and signed by the (5) Refer requests for sensitive secu- certificate holder or any person dele- rity information by other persons to gated authority in this matter; the Assistant Administrator for Civil (3) Include the items listed in para- Aviation Security. graph (b) of this section, as required by § 108.5; and [Doc. No. 108, 46 FR 3786, Jan. 15, 1981, as amended by Amdt. 108–3, 50 FR 28893, July 16, (4) Be approved by the Adminis- 1985; Amdt. 108–7, 54 FR 36946, Sept. 5, 1989; trator. Amdt. 108–15, 62 FR 13744, Mar. 21, 1997] (b) Each security program required by § 108.5 must include the following, as § 108.9 Screening of passengers and required by that section: property. (1) The procedures and a description (a) Each certificate holder required of the facilities and equipment used to to conduct screening under a security perform the screening functions speci- program shall use the procedures in- fied in § 108.9. cluded, and the facilities and equip- (2) The procedures and a description ment described, in its approved secu- of the facilities and equipment used to rity program to prevent or deter the perform the airplane and facilities con- carriage aboard airplanes of any explo- trol functions specified in § 108.13. sive, incendiary, or a deadly or dan- (3) The procedures used to comply gerous weapon on or about each indi- with the applicable requirements of vidual’s person or accessible property, § 108.15 regarding law enforcement offi- and the carriage of any explosive or in- cers. cendiary in checked baggage. (4) The procedures used to comply (b) Each certificate holder required with the requirements of § 108.17 re- to conduct screening under a security garding the use of X-ray systems. program shall refuse to transport— (5) The procedures used to comply (1) Any person who does not consent with the requirements of § 108.19 re- to a search of his or her person in ac- garding bomb and air piracy threats. cordance with the screening system
326
VerDate 27
prescribed in paragraph (a) of this sec- gram may permit any person to have, tion; and nor may any person have, on or about (2) Any property of any person who his or her person or property, a deadly does not consent to a search or inspec- or dangerous weapon, either concealed tion of that property in accordance or unconcealed, accessible to him or with the screening system prescribed her while aboard an airplane for which by paragraph (a) of this section. screening is required unless: (c) Except as provided by its ap- (1) The person having the weapon is— proved security program, each certifi- (i) An official or employee of the cate holder required to conduct screen- United States, or a State or political ing under a security program shall use subdivision of a State, or of a munici- the procedures included, and the facili- pality who is authorized by his or her ties and equipment described, in its ap- agency to have the weapon; or proved security program for detecting (ii) Authorized to have the weapon by explosives, incendiaries, and deadly or the certificate holder and the Adminis- dangerous weapons to inspect each per- trator and has successfully completed a son entering a sterile area at each course of training in the use of fire- preboarding screening checkpoint in arms acceptable to the Administrator. the United States for which it is re- (2) The person having the weapon sponsible, and to inspect all accessible needs to have the weapon accessible in property under that person’s control. connection with the performance of his (d) Each certificate holder shall staff or her duty from the time he or she its security screening checkpoints with would otherwise check it in accordance supervisory and non-supervisory per- with paragraph (d) of this section until sonnel in accordance with the stand- the time it would be returned after ards specified in its security program. deplaning. [Doc. No. 108, 46 FR 3786, Jan. 15, 1981, as (3) The certificate holder is notified— amended by Amdt. 108–4, 51 FR 1352, Jan. 10, (i) Of the flight on which the armed 1986; Amdt. 108–5, 52 FR 48509, Dec. 22, 1987; person intends to have the weapon ac- Amdt. 108–10, 56 FR 41425, Aug. 20, 1991] cessible to him or her at least 1 hour, or in an emergency as soon as prac- § 108.10 Prevention and management ticable, before departure; and of hijackings and sabotage at- tempts. (ii) When the armed person is other than an employee or official of the (a) Each certificate holder shall— United States, that there is a need for (1) Provide and use a Security Coor- the weapon to be accessible to the dinator on the ground and in flight for armed person in connection with the each international and domestic flight, performance of that person’s duty from as required by its approved security the time he or she would otherwise program; and check it in accordance with paragraph (2) Designate the pilot in command (d) of this section until the time it as the inflight Security Coordinator for would be returned to him or her after each flight, as required by its approved deplaning. security program. (4) The armed person identifies him- (b) Ground Security Coordinator. Each self or herself to the certificate holder ground Security Coordinator shall by presenting credentials that include carry out the ground Security Coordi- his or her clear, full-face picture, his or nator duties specified in the certificate her signature, and the signature of the holder’s approved security program. authorizing official of his or her serv- (c) Inflight Security Coordinator. The ice or the official seal of his or her pilot in command of each flight shall service. A badge, shield, or similar may carry out the inflight Security Coordi- not be used as the sole means of identi- nator duties specified in the certificate fication. holder’s approved security program. (5) The certificate holder— [Doc. No. 24719, 50 FR 28893, July 16, 1985] (i) Ensures that the armed person is familiar with its procedures for carry- § 108.11 Carriage of weapons. ing a deadly or dangerous weapon (a) No certificate holder required to aboard its airplane before the time the conduct screening under a security pro- person boards the airplane;
327
VerDate 27
(ii) Ensures that the identity of the (4) The baggage containing the fire- armed person is known to each law en- arm is carried in an area, other than forcement officer and each employee of the flightcrew compartment, that is in- the certificate holder responsible for accessible to passengers. security during the boarding of the air- (e) No certificate holder may serve plane; and any alcoholic beverage to a person hav- (iii) Notifies the pilot in command, ing a deadly or dangerous weapon ac- other appropriate crewmembers, and cessible to him or her nor may such any other person authorized to have a person drink any alcoholic beverage weapon accessible to him or her aboard while aboard an airplane operated by the airplane of the location of each au- the certificate holder. thorized armed person aboard the air- (f) Paragraphs (a), (b), and (d) of this plane. section do not apply to the carriage of (b) No person may, while on board an firearms aboard air carrier flights con- airplane operated by a certificate hold- ducted for the military forces of the er for which screening is not con- Government of the United States when ducted, carry on or about that person a the total cabin load of the airplane is deadly or dangerous weapon, either under exclusive use by those military concealed or unconcealed. This para- forces if the following conditions are graph does not apply to— met: (1) Officials or employees of a mu- (1) No firearm is loaded and all bolts nicipality or a State, or of the United to such firearms are locked in the open States, who are authorized to carry position; and arms; or (2) The certificate holder is notified (2) Crewmembers and other persons by the unit commander or officer in authorized by the certificate holder to charge of the flight before boarding carry arms. that weapons will be carried aboard the (c) No certificate holder may know- aircraft. ingly permit any person to transport, nor may any person transport or tender [Doc. No. 108, 46 FR 3786, Jan. 15, 1981, as for transport, any explosive, incendiary amended by Amdt. 108–4, 51 FR 1352, Jan. 10, or a loaded firearm in checked baggage 1986] aboard an airplane. For the purpose of § 108.13 Security of airplanes and fa- this section, a loaded firearm means a cilities. firearm which has a live round of am- munition, cartridge, detonator, or pow- Each certificate holder required to der in the chamber or in a clip, maga- conduct screening under a security pro- zine, or cylinder inserted in it. gram shall use the procedures included, (d) No certificate holder may know- and the facilities and equipment de- ingly permit any person to transport, scribed, in its approved security pro- nor may any person transport or tender gram to perform the following control for transport, any unloaded firearm in functions with respect to each airplane checked baggage aboard an airplane operation for which screening is re- unless— quired: (1) The passenger declares to the cer- (a) Prohibit unauthorized access to tificate holder, either orally or in writ- the airplane. ing before checking the baggage, that (b) Ensure that baggage carried in any firearm carried in the baggage is the airplane is checked in by a respon- unloaded; sible agent and that identification is (2) The firearm is carried in a con- obtained from persons, other than tainer the certificate holder considers known shippers, shipping goods or appropriate for air transportation; cargo aboard the airplane. (3) When the firearm is other than a (c) Ensure that cargo and checked shotgun, rifle, or other firearm nor- baggage carried aboard the airplane is mally fired from the shoulder position, handled in a manner that prohibits un- the baggage in which it is carried is authorized access. locked, and only the passenger check- (d) Conduct a security inspection of ing the baggage retains the key or the airplane before placing it in service combination; and and after it has been left unattended.
328
VerDate 27
§ 108.14 Transportation of Federal Air mation with respect to procedures for Marshals. obtaining this law enforcement assist- (a) Each certificate holder shall ance at that airport. carry Federal Air Marshals, in the number and manner specified by the § 108.17 Use of X-ray systems. Administrator, on each scheduled and (a) No certificate holder may use an public charter passenger operation des- X-ray system within the United States ignated by the Administrator. to inspect carry-on or checked articles (b) Each Federal Air Marshal shall be unless specifically authorized under a carried on a first priority basis and security program required by § 108.5 of without charge while on official duty, this part or use such a system contrary including repositioning flights. to its approved security program. The (c) Each certificate holder shall as- Administrator authorizes certificate sign the specific seat requested by a holders to use X-ray systems for in- Federal Air Marshal who is on official specting carry-on or checked articles duty. under an approved security program if [Doc. No. 24714, 50 FR 27925, July 8, 1985] the certificate holder shows that— (1) For a system manufactured before § 108.15 Law enforcement officers. April 25, 1974, it meets either the guide- (a) At airports within the United lines issued by the Food and Drug Ad- States not governed by part 107 of this ministration (FDA), Department of chapter, each certificate holder engag- Health, Education, and Welfare (HEW) ing in scheduled passenger or public and published in the FEDERAL REG- charter passenger operations shall— ISTER (38 FR 21442, August 8, 1973); or (1) If security screening is required the performance standards for cabinet for a public charter operation by X-ray systems designed primarily for § 108.5(a), or for a scheduled passenger the inspection of carry-on baggage operation by § 108.5(b) provide for law issued by the FDA and published in 21 enforcement officers meeting the quali- CFR 1020.40 (39 FR 12985, April 10, 1974); fications and standards, and in the (2) For a system manufactured after number and manner specified, in part April 24, 1974, it meets the standards 107; and for cabinet X-ray systems designed pri- (2) When using airplanes with a pas- marily for the inspection of carry-on senger seating configuration of 31 baggage issued by the FDA and pub- through 60 seats in a public charter op- lished in 21 CFR 1020.40 (39 FR 12985, eration for which screening is not re- April 10, 1974); quired, arrange for law enforcement of- (3) A program for initial and recur- ficers meeting the qualifications and rent training of operators of the sys- standards specified in part 107 to be tem is established, which includes available to respond to an incident, and training in radiation safety, the effi- provide to its employees, including cient use of X-ray systems, and the crewmembers, as appropriate, current identification of weapons and other information with respect to procedures for obtaining law enforcement assist- dangerous articles; ance at that airport. (4) Procedures are established to en- (b) At airports governed by part 107 sure that each operator of the system of this chapter, each certificate holder is provided with an individual person- engaging in scheduled or public charter nel dosimeter (such as a film badge or passenger operations, when using air- thermoluminescent dosimeter). Each planes with a passenger seating con- dosimeter used shall be evaluated at figuration of 31 through 60 seats for the end of each calendar month, and which screening is not required, shall records of operator duty time and the arrange for law enforcement officers results of dosimeter evaluations shall meeting the qualifications and stand- be maintained by the certificate hold- ards specified in part 107 to be avail- er; and able to respond to an incident and pro- (5) The system meets the imaging re- vide its employees, including crew- quirements set forth in an approved members, as appropriate, current infor- Air Carrier Security Program using the
329
VerDate 27
step wedge specified in American Soci- fore inspection. If requested by pas- ety for Testing and Materials Standard sengers, their photographic equipment F792–82. and film packages shall be inspected (b) No certificate holder may use an without exposure to an X-ray system. X-ray system within the United States (f) Each certificate holder shall unless within the preceding 12 calendar maintain at least one copy of the re- months a radiation survey has been sults of the most recent radiation sur- conducted which shows that the sys- vey conducted under paragraph (b) or tem meets the applicable performance (c) of this section and shall make it standards in 21 CFR 1020.40 or guide- available for inspection upon request lines published by the FDA in the FED- by the Administrator at each of the ERAL REGISTER of August 8, 1973 (38 FR following locations: 21442). (1) The certificate holder’s principal (c) No certificate holder may use an business office; and X-ray system after the system is ini- (2) The place where the X-ray system tially installed or after it has been is in operation. moved from one location to another, (g) The American Society for Testing unless a radiation survey is conducted and Materials Standard F792–82, ‘‘De- which shows that the system meets the sign and Use of Ionizing Radiation applicable performance standards in 21 Equipment for the Detection of Items CFR 1020.40 or guidelines published by Prohibited in Controlled Access the FDA in the FEDERAL REGISTER of Areas,’’ described in this section is in- August 8, 1973 (38 FR 21442) except that corporated by reference herein and a radiation survey is not required for made a part hereof pursuant to 5 U.S.C. an X-ray system that is moved to an- 552(a)(1). All persons affected by these other location if the certificate holder amendments may obtain copies of the shows that the system is so designed standard from the American Society that it can be moved without altering for testing and Materials, 1916 Race its performance. Street, Philadelphia, PA 19103. In addi- (d) No certificate holder may use an tion, a copy of the standard may be ex- X-ray system that is not in full compli- amined at the FAA Rules Docket, ance with any defect notice or modi- Docket No. 24115, 800 Independence Av- fication order issued for that system by enue, SW., Washington, DC, weekdays, the FDA, unless that Administration except Federal holidays, between 8:30 has advised the FAA that the defect or a.m. and 5 p.m. failure to comply does not create a sig- (h) Each certificate holder shall com- nificant risk or injury, including ge- ply with X-ray operator duty time lim- netic injury, to any person. itations specified in its security pro- (e) No certificate holder may use an gram. X-ray system to inspect carry-on or [Doc. No. 108, 46 FR 3786, Jan. 15, 1981, as checked articles unless a sign is posted amended by Amdt. 108–1, 50 FR 25656, June in a conspicuous place at the screening 20, 1985; Amdt. 108–10, 56 FR 41425, Aug. 20, station and on the X-ray system which 1991; Amdt. 108–11, 56 FR 48373, Sept. 24, 1991] notifies passengers that such items are being inspected by an X-ray and ad- § 108.18 Security Directives and Infor- vises them to remove all X-ray, sci- mation Circulars. entific, and high-speed film from carry- (a) Each certificate holder required on and checked articles before inspec- to have an approved security program tion. This sign shall also advise pas- for passenger operations shall comply sengers that they may request that an with each Security Directive issued to inspection be made of their photo- the certificate holder by the Director graphic equipment and film packages of Civil Aviation Security, or by any without exposure to an X-ray system. person to whom the Director has dele- If the X-ray system exposes any carry- gated the authority to issue Security on or checked articles to more than 1 Directives, within the time prescribed milliroentgen during the inspection, in the Security Directive for compli- the certificate holder shall post a sign ance. which advises passengers to remove (b) Each certificate holder who re- film of all kinds from their articles be- ceives a Security Directive shall—
330
VerDate 27
(1) Not later than 24 hours after de- § 108.19 Security threats and proce- livery by the FAA or within the time dures. prescribed in the Security Directive, (a) Upon receipt of a specific and acknowledge receipt of the Security credible threat to the security of a Directive; flight, the certificate holder shall— (2) Not later than 72 hours after de- (1) Immediately notify the ground livery by the FAA or within the time and in-flight security coordinators of prescribed in the Security Directive, the threat, any evaluation thereof, and specify the method by which the cer- any countermeasures to be applied; and tificate holder has implemented the (2) Ensure that the in-flight security measures in the Security Directive; coordinator notifies the flight and and cabin crewmembers of the threat, any (3) Ensure that information regard- evaluation thereof, and any counter- ing the Security Directive and meas- measures to be applied. ures implemented in response to the (b) Upon receipt of a bomb threat against a specific airplane, each certifi- Security Directive are distributed to cate holder shall attempt to determine specified personnel as prescribed in the whether or not any explosive or incen- Security Directive and to other person- diary is aboard the airplane involved nel with an operational need to know. by doing the following: (c) In the event that the certificate (1) Conducting a security inspection holder is unable to implement the on the ground before the next flight or, measures contained in the Security Di- if the airplane is in flight, immediately rective, the certificate holder shall after its next landing. submit proposed alternative measures, (2) If the airplane is being operated and the basis for submitting the alter- on the ground, advising the pilot in native measures, to the Director of command to immediately submit the Civil Aviation Security for approval. airplane for a security inspection. The certificate holder shall submit pro- (3) If the airplane is in flight, imme- posed alternative measures within the diately advising the pilot in command time prescribed in the Security Direc- of all pertinent information available tive. The certificate holder shall imple- so that necessary emergency action ment any alternative measures ap- can be taken. proved by the Director of Civil Avia- (c) Immediately upon receiving infor- tion Security. mation that an act or suspected act of (d) Each certificate holder who re- air piracy has been committed, the cer- ceives a Security Directive or Informa- tificate holder shall notify the Admin- tion Circular and each person who re- istrator. If the airplane is in airspace ceives information from a Security Di- under other than United States juris- rective or Information Circular shall— diction, the certificate holder shall also notify the appropriate authorities (1) Restrict the availability of the Se- of the State in whose territory the air- curity Directive or Information Cir- plane is located and, if the airplane is cular and information contained in the in flight, the appropriate authorities of Security Directive or the Information the State in whose territory the air- Circular to those persons with an oper- plane is to land. Notification of the ap- ational need to know; and propriate air traffic controlling author- (2) Refuse to release the Security Di- ity is sufficient action to meet this re- rective or Information Circular and in- quirement. formation regarding the Security Di- rective or Information Circular to per- [Doc. No. 108, 46 FR 3786, Jan. 15, 1981, as sons other than those with an oper- amended by Amdt. 108–4, 51 FR 1352, Jan. 10, 1986; Amdt.108–9, 56 FR 27869, June 17, 1991] ational need to know without the prior written consent of the Director of Civil § 108.20 Use of explosives detection Aviation Security. systems. (Approved by the Office of Management and When the Administrator shall require Budget under control number 2120–0098) by amendment under § 108.25, each cer- tificate holder required to conduct [Doc. No. 25953, 54 FR 28984, July 10, 1989] screening under a security program
331
VerDate 27
shall use an explosive detection system under the control of the escort becomes that has been approved by the Admin- necessary; and istrator to screen checked baggage on (ii) Each passenger under the control international flights in accordance of the escort has been searched and with the certificate holder’s security does not have on or about his or her program. person or property anything that can [Doc. No. 25956, 54 FR 36946, Sept. 5, 1989] be used as a deadly or dangerous weap- on; § 108.21 Carriage of passengers under (7) Each passenger under the control the control of armed law enforce- of a law enforcement escort is— ment escorts. (i) Boarded before any other pas- (a) Except as provided in paragraph sengers when boarding at the airport (e) of this section, no certificate holder where the flight originates and required to conduct screening under a deplaned at the destination after all security program may carry a pas- other deplaning passengers have senger in the custody of an armed law deplaned; enforcement escort aboard an airplane (ii) Seated in the rear-most passenger for which screening is required unless— seat when boarding at the airport (1) The armed law enforcement escort where the flight originates; and is an official or employee of the United (iii) Seated in a seat that is neither States, of a State or political subdivi- located in any lounge area nor located sion of a State, or a municipality who next to or directly across from any is required by appropriate authority to exit; and maintain custody and control over an (8) A law enforcement escort having individual aboard an airplane; control of a passenger is seated be- (2) The certificate holder is notified tween the passenger and any aisle. by the responsible government entity (b) No certificate holder operating an at least 1 hour, or in case of emergency airplane under paragraph (a) of this as soon as possible, before departure— section may— (i) Of the identity of the passenger to (1) Serve food, beverage, or provide be carried and the flight on which it is metal eating utensils to a passenger proposed to carry the passenger; and under the control of a law enforcement (ii) Whether or not the passenger is escort while aboard the airplane unless considered to be in a maximum risk authorized to do so by the law enforce- category; ment escort. (3) If the passenger is considered to (2) Serve a law enforcement escort or be in a maximum risk category, that the passenger under the control of the the passenger is under the control of at escort any alcoholic beverages while least two armed law enforcement es- aboard the airplane. corts and no other passengers are (c) Each law enforcement escort car- under the control of those two law en- ried under the provisions of paragraph forcement escorts; (a) of this section shall, at all times, (4) No more than one passenger who accompany the passenger under the the certificate holder has been notified control of the escort and keep the pas- is in a maximum risk category is car- senger under surveillance while aboard ried on the airplane; the airplane. (5) If the passenger is not considered (d) No law enforcement escort carried to be in a maximum risk category, the under paragraph (b) of this section or passenger is under the control of at any passenger under the control of the least one armed law enforcement es- escort may drink alcoholic beverages cort, and no more than two of these while aboard the airplane. persons are carried under the control of (e) This section does not apply to the any one law enforcement escort; carriage of passengers under voluntary (6) The certificate holder is assured, protective escort. prior to departure, by each law enforce- ment escort that— § 108.23 Training. (i) The officer is equipped with ade- (a) No certificate holder may use any quate restraining devices to be used in person as a Security Coordinator un- the event restraint of any passenger less, within the preceding 12 calendar
332
VerDate 27
months, that person has satisfactorily (1) The Administrator notifies the completed the security training as certificate holder, in writing, of the specified in the certificate holder’s ap- proposed amendment, fixing a period of proved security program. not less than 30 days within which it (b) No certificate holder may use any may submit written information, person as a crewmember on any domes- views, and arguments on the amend- tic or international flight unless with- ment. in the preceding 12 calendar months or (2) After considering all relevant ma- within the time period specified in an terial, the Administrator notifies the Advanced Qualification Program ap- certificate holder of any amendment proved under SFAR 58 that person has adopted or rescinds the notice. The satisfactorily completed the security amendment becomes effective not less training required by § 121.417(b)(3)(v) or than 30 days after the certificate hold- § 135.331(b)(3)(v) of this chapter and as er receives the notice, unless the cer- specified in the certificate holder’s ap- tificate holder petitions the Adminis- proved security program. With respect trator to reconsider the amendment, in to training conducted under § 121.417 or which case the effective date is stayed § 135.331, whenever a crewmember who by the Administrator. is required to take recurrent training (3) If the Administrator finds that completes the training in the calendar there is an emergency requiring imme- month before or the calendar month diate action with respect to safety in after the calendar month in which that air transportation or in air commerce training is required, he is considered to that makes the procedure in this para- have completed the training in the cal- graph impracticable or contrary to the endar month in which it was required. public interest, the Administrator may [Doc. No. 24719, 50 FR 28893, July 16, 1985, as issue an amendment, effective without amended by Amdt. 108–8, 55 FR 40275, Oct. 2, stay, on the date the certificate holder 1990] receives notice of it. In such a case, the Administrator incorporates the find- § 108.25 Approval of security programs ings, and a brief statement of the rea- and amendments. sons for it, in the notice of the amend- (a) Unless otherwise authorized by ment to be adopted. the Administrator, each certificate (c) A certificate holder may submit a holder required to have a security pro- request to the Administrator to amend gram for a passenger operation shall its program. The application must be submit its proposed security program filed with the Administrator at least 30 to the Administrator for approval at days before the date it proposes for the least 90 days before the date of the in- amendment to become effective, unless tended passenger operations. Within 30 a shorter period is allowed by the Ad- days after receiving the program, the ministrator. Within 15 days after re- Administrator either approves the pro- ceiving a proposed amendment, the Ad- gram or notifies the certificate holder ministrator either approves or denies to modify the program to comply with the request. Within 30 days after re- the applicable requirements of this ceiving from the Administrator a no- part. The certificate holder may peti- tice of refusal to approve the applica- tion the Administrator to reconsider tion for amendment, the applicant may the notice to modify within 30 days petition the Administrator to recon- after receiving the notice, and, except sider the refusal to amend. in the case of an emergency requiring immediate action in the interest of § 108.27 Evidence of compliance. safety, the filing of the petition stays the notice pending a decision by the On request of the Administrator, Administrator. each certificate holder shall provide (b) The Administrator may amend an evidence of compliance with this part approved security program if it is de- and its approved security program. termined that safety and the public in- [Doc. No. 24719, 50 FR 28894, July 16, 1985; 50 terest require the amendment, as fol- FR 35535, Aug. 30, 1985; 51 FR 44875, Dec. 12, lows: 1986]
333
VerDate 27
§ 108.29 Standards for security over- guish each color displayed on every sight. type of screening equipment and ex- (a) Each certificate holder shall en- plain what each color signifies; sure that: (iii) Screeners must be able to hear (1) Each person performing a secu- and respond to the spoken voice and to rity-related function for the certificate audible alarms generated by screening holder has knowledge of the provisions equipment in an active checkpoint en- of this part 108, applicable Security Di- vironment; rectives and Information Circulars pro- (iv) Screeners performing physical mulgated pursuant to § 108.18, and the searches or other related operations certificate holder’s security program must be able to efficiently and thor- to the extent that the performance of oughly manipulate and handle such the function imposes a need to know. baggage, containers, and other objects (2) Daily, a Ground Security Coordi- subject to security processing; and nator at each airport: (v) Screeners who perform pat-downs (i) Reviews all security-related func- or hand-held metal detector searches of tions for effectiveness and compliance persons must have sufficient dexterity with this part, the certificate holder’s and capability to conduct those proce- security program, and applicable Secu- dures on all parts of the persons’ bod- rity Directives; and ies. (ii) Immediately initiates corrective (3) The ability to read, speak, and action for each instance of noncompli- write English well enough to: ance with this part, the certificate (i) Carry out written and oral in- holder’s security program, and applica- structions regarding the proper per- ble Security Directives. formance of screening duties; (b) The requirements prescribed in paragraph (a) of this section apply to (ii) Read English language identifica- all security-related functions per- tion media, credentials, airline tickets, formed for the certificate holder and labels on items normally encoun- whether by a direct employee or a con- tered in the screening process; tractor employee. (iii) Provide direction to and under- stand and answer questions from [Doc. No. 26522, 56 FR 41425, Aug. 20, 1991] English-speaking persons undergoing screening; and § 108.31 Employment standards for screening personnel. (iv) Write incident reports and state- ments and log entries into security (a) No certificate holder shall use any records in the English language. person to perform any screening func- (4) Satisfactorily completed all ini- tion, unless that person has: (1) A high school diploma, a General tial, recurrent, and appropriate special- Equivalency Diploma, or a combina- ized training required by the certifi- tion of education and experience which cate holder’s security program. the certificate holder has determined (b) Notwithstanding the provisions of to have equipped the person to perform paragraph (a)(4) of this section, the cer- the duties of the position; tificate holder may use a person during (2) Basic aptitudes and physical abili- the on-the-job portion of training to ties including color perception, visual perform security functions provided and aural acuity, physical coordina- that the person is closely supervised tion, and motor skills to the following and does not make independent judg- standards: ments as to whether persons or prop- (i) Screeners operating X-ray equip- erty may enter a sterile area or air- ment must be able to distinguish on craft without further inspection. the X-ray monitor the appropriate im- (c) No certificate holder shall use a aging standard specified in the certifi- person to perform a screening function cate holder’s security program. Wher- after that person has failed an oper- ever the X-ray system displays colors, ational test related to that function the operator must be able to perceive until that person has successfully com- each color; pleted the remedial training specified (ii) Screeners operating any screen- in the certificate holder’s security pro- ing equipment must be able to distin- gram.
334
VerDate 27
(d) Each certificate holder shall en- crimes enumerated in paragraphs (a)(2) sure that a Ground Security Coordina- (i) through (xxv) of this section. Where tor conducts and documents an annual specific citations are listed, both the evaluation of each person assigned current citation and the citation that screening duties and may continue applied before the statutes are recodi- that person’s employment in a screen- fied in 1994 are listed. ing capacity only upon the determina- (i) Forgery of certificates, false tion by that Ground Security Coordi- marking of aircraft, and other aircraft nator that the person: registration violation, 49 U.S.C. 46306 (1) Has not suffered a significant dim- [formerly 49 U.S.C. App. 1472(b)]; inution of any physical ability required (ii) Interference with air navigation, to perform a screening function since 49 U.S.C. 46308, [formerly 49 U.S.C. App the last evaluation of those abilities; 1472(c)]; (2) Has a satisfactory record of per- (iii) Improper transportation of a formance and attention to duty; and hazardous material, 49 U.S.C. 46312, (3) Demonstrates the current knowl- [formerly 49 U.S.C. App 1472(b)(2)]; edge and skills necessary to cour- (iv) Aircraft piracy, 49 U.S.C. 46502, teously, vigilantly, and effectively per- [formerly 49 U.S.C. App 1472(i)]; form screening functions. (v) Interference with flightcrew (e) Paragraphs (a) through (d) of this members or flight attendants, 49 U.S.C. section do not apply to those screening 46504, [formerly 49 U.S.C. App 1472(j)]; functions conducted outside the United (vi) Commission of certain crimes States over which the certificate hold- aboard aircraft in flight, 49 U.S.C. er does not have operational control. 46506, [formerly 49 U.S.C. App 1472(k)]; (f) At locations outside the United (vii) Carrying a weapon or explosive States where the certificate holder has aboard aircraft, 49 U.S.C. 46505 [for- operational control over a screening merly 49 U.S.C. App 1472(l)]; function, the certificate holder may (viii) Conveying false information use screeners who do not meet the re- and threats, 49 U.S.C. 49 46507 [formerly quirements of paragraph (a)(3) of this 49 U.S.C. App 1472(m)]; section, provided that at least one rep- (ix) Aircraft piracy outside the spe- resentative of the certificate holder cial aircraft jurisdiction of the United who has the ability to functionally States, 49 U.S.C. 46502(b), [formerly 49 read and speak English is present while U.S.C. App 1472(n)]; the certificate holder’s passengers are (x) Lighting violations in connection undergoing security processing. with transportation of controlled sub- [Doc. No. 26522, 56 FR 41425, Aug. 20, 1991] stances, 49 U.S.C. 46315, [formerly 49 U.S.C. App 1472(q)]; § 108.33 Access investigation. (xi) Unlawful entry into an aircraft (a) On or after January 31, 1996 for or airport area that serves air carriers each employee or contractor employee or foreign air carriers contrary to es- covered under a certification made to tablished security requirements, 49 an airport operator pursuant to U.S.C. 46314, [formerly 49 U.S.C. App § 107.31(f) of this chapter, the certificate 1472(r)]; holder must ensure that: (xii) Destruction of an aircraft or air- (1) The individual has satisfactorily craft facility, 18 U.S.C. 32; undergone an employment history re- (xiii) Murder; view covering the past 10 years and (xiv) Assault with intent to murder; verification of the 5 years preceding (xv) Espionage; the date the access investigation is ini- (xvi) Sedition; tiated as provided in paragraph (b) of (xvii) Kidnapping or hostage taking; this section; and (xviii) Treason; (2) The results of the access inves- (xix) Rape or aggravated sexual tigation do not disclose that the indi- abuse; vidual has been convicted or found not (xx) Unlawful possession, use, sale, guilty by reason of insanity, in any ju- distribution, or manufacture of an ex- risdiction, during the 10 years ending plosive or weapon; on the date of such investigation, of a (xxi) Extortion; crime involving any of the following (xxii) Armed robbery;
335
VerDate 27
(xxiii) Distribution of, or intent to (iii) Information becomes available distribute, a controlled substance; to the certificate holder during the ac- (xxiv) Felony arson; or cess investigation indicating a possible (xxv) Conspiracy or attempt to com- conviction for one of the disqualifying mit any of the aforementioned crimi- crimes. nal acts. (c) The certificate holder must des- (b) The access investigation must in- ignate an individual to be responsible clude the following steps: for: (1) The individual must complete an (1) Reviewing and controlling the re- application form that includes: sults of the access investigation; and (i) The individual’s full name, includ- (2) Serving as the contact to receive ing any aliases or nicknames; notification from an individual apply- ing for unescorted access of his or her (ii) The dates, names, phone num- intent to seek correction of his or her bers, and addresses of previous employ- criminal history record with the FBI. ers, with explanations for any gaps in (d) Prior to commencing the criminal employment of more than 12 months, history records check, the certificate during the previous 10-year period; holder must notify the affected individ- (iii) Notification that the individual uals. will be subject to an employment his- (e) The certificate holder must col- tory verification and possibly a crimi- lect and process fingerprints in the fol- nal history records check; and lowing manner: (iv) Any convictions during the pre- (1) One set of legible and classifiable vious 10-year period for the crimes list- fingerprints must be recorded on fin- ed in paragraph (a)(2) of this section. gerprint cards approved by the FBI; (2) The identity of the individual (2) The fingerprints must be obtained must be verified through the presen- from the individual under direct obser- tation of two forms of identification, vation by the certificate holder; one of which must bear the individual’s (3) The identity of the individual photograph. must be verified at the time finger- (3) The information on the most re- prints are obtained. The individual cent 5 years of employment history re- must present two forms of identifica- quired under paragraph (b)(1)(ii) of this tion media, one of which must bear his section must be verified in writing, by or her photograph; and documentation, by telephone, or in per- (4) The fingerprint card must be for- son. warded to Federal Aviation Adminis- (4) If one or more of the following tration, 800 Independence Ave, S.W., conditions exists, the access investiga- Washington, D.C. 20591 (ATTN: ACO– tion must not be considered complete 310, Access Processing) and unless it includes a check of the indi- (5) Fees for the processing of the vidual’s fingerprint-based criminal his- criminal checks are due upon applica- tory record maintained by the Federal tion. Air carriers shall submit payment Bureau of Investigation (FBI). The air- through corporate check, cashier’s port operator may request a check of check or money order made payable to the individual’s fingerprint-based ‘‘U.S. FAA,’’ at the rate of $24.00 for criminal history record only if one or each fingerprint card. Combined pay- more of the following conditions exists: ment for multiple applications is ac- (i) The individual cannot satisfac- ceptable. torily account for a period of unem- (f) In conducting the criminal history ployment of 12 months or more during records check required by this section, the previous 10-year period; the certificate holder must investigate (ii) The individual is unable to sup- arrest information for the crimes listed port statements made or there are sig- in paragraph (a)(2) of this section for nificant inconsistencies between infor- which no disposition has been recorded mation provided on the application in to make a determination of the out- response to questions required by para- come of the arrest. graph (b)(1)(ii) of this section and that (g) The certificate holder must: which is obtained through the 5-year (1) At the time the fingerprints are verification process; or taken, notify the individual that a
336
VerDate 27
copy of the criminal history record re- tigation was conducted for the individ- ceived from the FBI will be made avail- ual until 180 days after the termination able if requested in writing. of the individual’s authority for (2) Prior to making a final decision unescorted access. The record for indi- to deny authorization for unescorted viduals subject to: access, advise the individual that the (1) The access investigation must in- FBI criminal history record discloses clude the application, the employment information that would disqualify him verification information obtained by or her from unescorted access author- the employer, the names of those from ization and provide each affected indi- whom the employment verification in- vidual with a copy of his or her FBI formation was obtained, the date the record. The individual may contact the contact was made, and any other infor- local jurisdiction responsible for the mation as required by the Assistant information and the FBI to complete Administrator for Civil Aviation Secu- or correct the information contained in rity, and the record before any final access deci- (2) A criminal history records check sion is made, subject to the following must include the results of the records conditions: check or certification by the air car- (i) Within 30 days after being advised rier that a check was completed and that the criminal history record re- ceived from the FBI discloses disquali- did not uncover a disqualifying convic- fying information, the individual must tion. These records must be maintained notify the certificate holder, in writ- in a manner that protects the confiden- ing, of his or her intent to correct any tiality of the employee, which is ac- information believed to be inaccurate. ceptable to the Assistant Adminis- If no notification is received within 30 trator for Civil Aviation Security. days, the certificate holder may make [Doc. No. 26763, 60 FR 51869, Oct. 3, 1995, as a final access decision. amended by Amdt. 108–12, 60 FR 55657, Nov. 2, (ii) Upon notification by the individ- 1995] ual that the record has been corrected, the certificate holder must obtain a PART 109—INDIRECT AIR CARRIER copy of the revised record from the FBI SECURITY prior to making a final access decision. (3) Notify an individual that a final decision has been made to grant or Sec. deny authority for unescorted access. 109.1 Applicability. 109.3 Security program. (h) Any individual authorized to have 109.5 Approval of security programs and unescorted access privilege to areas amendments. identified in § 107.31(a) of this chapter, who is subsequently convicted of any of AUTHORITY: 49 U.S.C. 106(g), 5103, 40113, the crimes listed in paragraph (a)(2) of 40119, 44701–44702, 44705, 44901–44905, 44907, this section, must report the convic- 44913–44914, 44932, 44935–44936, 46105. tion and surrender the SIDA identifica- tion medium within 24 hours to the § 109.1 Applicability. issuer. (a) This part prescribes aviation se- (i) Criminal history record informa- curity rules governing each air carrier, tion provided by the FBI must be used including each air freight forwarder solely for the purposes of this section, and each cooperative shippers’ associa- and no person shall disseminate the re- tion, engaged indirectly in air trans- sults of a criminal history records portation of property; check to anyone other than: (b) For the purposes of this part, (1) The individual to whom the record property means any package cargo. pertains or that individual’s authorized representative; [Doc. No. 19840, 44 FR 72345, Dec. 13, 1979] (2) The certificate holder; or (3) Others designated by the Adminis- § 109.3 Security program. trator. (a) Each indirect air carrier shall (j) The certificate holder must main- adopt and carry out a security program tain a written record that the inves- that—
337
VerDate 27
(1) Is designed to prevent or deter the (c) Any person notified pursuant to unauthorized introduction of any ex- paragraph (b) of this section may peti- plosive or incendiary device into any tion the Administrator to reconsider package cargo intended for carriage by the notice to modify within 30 days air; after receipt of the notice and, except (2) Is in writing and signed by the in the case of any emergency requiring carrier or any person delegated author- immediate action in the interest of ity in this matter; safety, the filing of the petition stays (3) Includes a system of security safe- the notice pending a decision by the guards acceptable to the Adminis- Administrator. trator; and (d) The Administrator may order (4) Has been approved by the Admin- istrator. amendment of an approved security (b) Each indirect air carrier shall program, if it is determined that safety maintain at least one complete copy of and the public interest require the its security program at its principal amendment, as follows: business office, and a complete copy or (1) The Administrator notifies the the pertinent portions of its security carrier, in writing, of the proposed program or appropriate implementing amendment, fixing a period of not less instructions at each office where pack- than 30 days within which it may sub- age cargo is accepted, and shall make mit written information, views, and ar- those documents available for inspec- guments on the amendment. tion upon request of any Civil Aviation (2) After considering all relevant ma- Security Special Agent. terial, the Administrator notifies the (c) Each indirect air carrier shall— carrier of any amendment adopted, or (1) Restrict the distribution, disclo- rescinds the notice of the proposed sure, and vailability of sensitive secu- amendment. The amendment becomes rity information, as defined in part 191 effective not less than 30 days after of this chapter, to persons with a need- such person receives the notice, unless to-know; and it petitions the Administrator to re- (2) Refer requests for sensitive consider the amendment, in which case secutiry information by other persons the effective date is stayed by the Ad- to the Assistant Administrator for Civil Aviation Security. ministrator. (3) If the Adminstrator finds that [Doc. No. 19840, 44 FR 72345, Dec. 13, 1979, as there is an emergency requiring imme- amended by Amdt. 109–1, 54 FR 39293, Sept. diate action with respect to safety in 25, 1989; Amdt. 109–3, 62 FR 13744, Mar. 21, 1997] air transportation or in air commerce that makes the procedure in this para- § 109.5 Approval of security programs graph impracticable or contrary to the and amendments. public interest he may issue an amend- (a) Each indirect air carrier shall ment, effective on the date the carrier submit its security program to the Ad- receives notice of it, and not subject to ministrator for approval. Each carrier stay. In such a case, the Administrator engaged in the air transportation of incorporates the findings and a brief property before December 13, 1979, shall statement of the reasons for it, in the submit its program no later than Janu- notice of the amendment to be adopted. ary 14, 1980. Each carrier not engaged (e) A carrier may submit a request to in air transportation or intrastate air the Administrator to amend its pro- transportation of property before De- gram. The application must be filed cember 13, 1979, shall submit its pro- with the Administrator at least 30 days gram at least 30 days before the date it before the date it proposes for the intends to engage in that transpor- amendment to become effective, unless tation. a shorter period is allowed by the Ad- (b) Within 30 days after receipt of the ministrator. Within 15 days after re- program, the Administrator either ap- proves the program or notifies the car- ceipt of a proposed amendment, the Ad- rier as to modifications necessary for ministrator either approves or denies the program to comply with this part.
338
VerDate 12
the request. Within 30 days after re- petition the Administrator to recon- ceiving from the Administrator a no- sider the refusal to amend. tice of refusal to approve the applica- [Doc. No. 19840, 44 FR 72345, Dec. 13, 1979] tion for amendment, the applicant may
339
VerDate 27