SUBCHAPTER F—AIR TRAFFIC AND GENERAL OPERATING RULES

PART 91—GENERAL OPERATING 91.113 Right-of-way rules: Except water op- erations. AND FLIGHT RULES 91.115 Right-of-way rules: Water operations. 91.117 Aircraft speed. SPECIAL FEDERAL AVIATION REGULATION NO. 91.119 Minimum safe altitudes: General. 50–2 91.121 Altimeter settings. SPECIAL FEDERAL AVIATION REGULATION NO. 91.123 Compliance with ATC clearances and 60 instructions. SPECIAL FEDERAL AVIATION REGULATION NO. 91.125 ATC light signals. 77 91.126 Operating on or in the vicinity of an SPECIAL FEDERAL AVIATION REGULATION NO. airport in Class G airspace. 79 91.127 Operating on or in the vicinity of an SPECIAL FEDERAL AVIATION REGULATION NO. airport in Class E airspace. 87 91.129 Operations in Class D airspace. SPECIAL FEDERAL AVIATION REGULATION NO. 91.130 Operations in Class C airspace. 97 91.131 Operations in Class B airspace. SPECIAL FEDERAL AVIATION REGULATION NO. 91.133 Restricted and prohibited areas. 104 91.135 Operations in Class A airspace. SPECIAL FEDERAL AVIATION REGULATION NO. 91.137 Temporary flight restrictions in the 107 vicinity of disaster/hazard areas. SPECIAL FEDERAL AVIATION REGULATION NO. 91.138 Temporary flight restrictions in na- 108 tional disaster areas in the State of Ha- waii. Subpart A—General 91.139 Emergency air traffic rules. 91.141 Flight restrictions in the proximity Sec. of the Presidential and other parties. 91.1 Applicability. 91.143 Flight limitation in the proximity of 91.3 Responsibility and authority of the space flight operations. pilot in command. 91.144 Temporary restriction on flight oper- 91.5 Pilot in command of aircraft requiring ations during abnormally high baro- more than one required pilot. metric pressure conditions. 91.7 Civil aircraft airworthiness. 91.145 Management of aircraft operations in 91.9 Civil aircraft flight manual, marking, the vicinity of aerial demonstrations and and placard requirements. major sporting events. 91.11 Prohibition on interference with crew- 91.146 Passenger-carrying flights for the members. benefit of a charitable, nonprofit, or 91.13 Careless or reckless operation. community event. 91.15 Dropping objects. 91.147 Passenger carrying flights for com- 91.17 Alcohol or drugs. pensation or hire. 91.19 Carriage of narcotic drugs, marihuana, 91.148–91.149 [Reserved] and depressant or stimulant drugs or substances. VISUAL FLIGHT RULES 91.21 Portable electronic devices. 91.151 Fuel requirements for flight in VFR 91.23 Truth-in-leasing clause requirement in conditions. leases and conditional sales contracts. 91.153 VFR flight plan: Information re- 91.25 Aviation Safety Reporting Program: quired. Prohibition against use of reports for en- 91.155 Basic VFR weather minimums. forcement purposes. 91.157 Special VFR weather minimums. 91.27–91.99 [Reserved] 91.159 VFR cruising altitude or flight level. 91.161 Special awareness training required Subpart B—Flight Rules for pilots flying under visual flight rules within a 60-nautical mile radius of the GENERAL Washington, DC VOR/DME. 91.101 Applicability. 91.162–91.165 [Reserved] 91.103 Preflight action. INSTRUMENT FLIGHT RULES 91.105 Flight crewmembers at stations. 91.107 Use of safety belts, shoulder har- 91.167 Fuel requirements for flight in IFR nesses, and child restraint systems. conditions. 91.109 Flight instruction; Simulated instru- 91.169 IFR flight plan: Information required. ment flight and certain flight tests. 91.171 VOR equipment check for IFR oper- 91.111 Operating near other aircraft. ations.

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91.173 ATC clearance and flight plan re- 91.317 Provisionally certificated civil air- quired. craft: Operating limitations. 91.175 Takeoff and landing under IFR. 91.319 Aircraft having experimental certifi- 91.177 Minimum altitudes for IFR oper- cates: Operating limitations. ations. 91.321 Carriage of candidates in elections. 91.179 IFR cruising altitude or flight level. 91.323 Increased maximum certificated 91.180 Operations within airspace des- weights for certain airplanes operated in ignated as Reduced Vertical Separation Alaska. Minimum airspace. 91.325 Primary category aircraft: Operating 91.181 Course to be flown. limitations. 91.183 IFR communications. 91.326 [Reserved] 91.185 IFR operations: Two-way radio com- 91.327 Aircraft having a special airworthi- munications failure. ness certificate in the light-sport cat- 91.187 Operation under IFR in controlled egory: Operating limitations. airspace: Malfunction reports. 91.328–91.399 [Reserved] 91.189 Category II and III operations: Gen- eral operating rules. Subpart E—Maintenance, Preventive 91.191 Category II and Category III manual. Maintenance, and Alterations 91.193 Certificate of authorization for cer- tain Category II operations. 91.401 Applicability. 91.195–91.199 [Reserved] 91.403 General. 91.405 Maintenance required. Subpart C—Equipment, Instrument, and 91.407 Operation after maintenance, preven- Certificate Requirements tive maintenance, rebuilding, or alter- ation. 91.201 [Reserved] 91.409 Inspections. 91.203 Civil aircraft: Certifications required. 91.410 [Reserved] 91.205 Powered civil aircraft with standard 91.411 Altimeter system and altitude report- category U.S. airworthiness certificates: ing equipment tests and inspections. Instrument and equipment requirements. 91.413 ATC transponder tests and inspec- 91.207 Emergency locator transmitters. tions. 91.209 Aircraft lights. 91.415 Changes to aircraft inspection pro- 91.211 Supplemental oxygen. grams. 91.213 Inoperative instruments and equip- 91.417 Maintenance records. ment. 91.419 Transfer of maintenance records. 91.215 ATC transponder and altitude report- 91.421 Rebuilt engine maintenance records. ing equipment and use. 91.423–91.499 [Reserved] 91.217 Data correspondence between auto- matically reported pressure altitude data and the pilot’s altitude reference. Subpart F—Large and Turbine-Powered 91.219 Altitude alerting system or device: Multiengine Airplanes and Fractional Turbojet-powered civil airplanes. Ownership Program Aircraft 91.221 Traffic alert and collision avoidance 91.501 Applicability. system equipment and use. 91.503 Flying equipment and operating in- 91.223 Terrain awareness and warning sys- formation. tem. 91.505 Familiarity with operating limita- 91.225 Automatic Dependent Surveillance- tions and emergency equipment. Broadcast (ADS–B) Out equipment and use. 91.507 Equipment requirements: Over-the- 91.227 Automatic Dependent Surveillance- top or night VFR operations. Broadcast (ADS–B) Out equipment per- 91.509 Survival equipment for overwater op- formance requirements. erations. 91.228–91.299 [Reserved] 91.511 Communication and navigation equipment for overwater operations. Subpart D—Special Flight Operations 91.513 Emergency equipment. 91.515 Flight altitude rules. 91.301 [Reserved] 91.517 Passenger information. 91.303 Aerobatic flight. 91.519 Passenger briefing. 91.305 Flight test areas. 91.521 Shoulder harness. 91.307 Parachutes and parachuting. 91.523 Carry-on baggage. 91.309 Towing: Gliders and unpowered ultra- 91.525 Carriage of cargo. light vehicles. 91.527 Operating in icing conditions. 91.311 Towing: Other than under § 91.309. 91.529 Flight engineer requirements. 91.313 Restricted category civil aircraft: Op- 91.531 Second in command requirements. erating limitations. 91.533 Flight attendant requirements. 91.315 Limited category civil aircraft: Oper- 91.535 Stowage of food, beverage, and pas- ating limitations. senger service equipment during aircraft

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movement on the surface, takeoff, and 91.857 Stage 2 operations outside of the 48 landing. contiguous United States. 91.537–91.599 [Reserved] 91.858 Special flight authorizations for non- revenue Stage 2 operations. Subpart G—Additional Equipment and Op- 91.859 Modification to meet Stage 3 or Stage erating Requirements for Large and 4 noise levels. Transport Category Aircraft 91.861 Base level. 91.863 Transfers of Stage 2 airplanes with 91.601 Applicability. base level. 91.603 Aural speed warning device. 91.865 Phased compliance for operators with 91.605 Transport category civil airplane base level. weight limitations. 91.867 Phased compliance for new entrants. 91.607 Emergency exits for airplanes car- 91.869 Carry-forward compliance. rying passengers for hire. 91.871 Waivers from interim compliance re- 91.609 Flight data recorders and cockpit quirements. voice recorders. 91.873 Waivers from final compliance. 91.611 Authorization for ferry flight with 91.875 Annual progress reports. one engine inoperative. 91.877 Annual reporting of Hawaiian oper- 91.613 Materials for compartment interiors. ations. 91.615–91.699 [Reserved] 91.879–91.899 [Reserved]

Subpart H—Foreign Aircraft Operations Subpart J—Waivers and Operations of U.S.-Registered Civil 91.901 [Reserved] Aircraft Outside of the United States; 91.903 Policy and procedures. and Rules Governing Persons on Board 91.905 List of rules subject to waivers. Such Aircraft 91.907–91.999 [Reserved] 91.701 Applicability. Subpart K—Fractional Ownership 91.702 Persons on board. Operations 91.703 Operations of civil aircraft of U.S. registry outside of the United States. 91.1001 Applicability. 91.705 Operations within airspace des- 91.1002 Compliance date. ignated as Minimum Navigation Per- 91.1003 Management contract between formance Specification Airspace. owner and program manager. 91.706 Operations within airspace designed 91.1005 Prohibitions and limitations. as Reduced Vertical Separation Min- 91.1007 Flights conducted under part 121 or imum Airspace. part 135 of this chapter. 91.707 Flights between Mexico or Canada 91.1009 Clarification of operational control. and the United States. 91.1011 Operational control responsibilities 91.709 Operations to Cuba. and delegation. 91.711 Special rules for foreign civil air- 91.1013 Operational control briefing and ac- craft. knowledgment. 91.713 Operation of civil aircraft of Cuban 91.1014 Issuing or denying management registry. specifications. 91.715 Special flight authorizations for for- 91.1015 Management specifications. eign civil aircraft. 91.1017 Amending program manager’s man- 91.717–91.799 [Reserved] agement specifications. 91.1019 Conducting tests and inspections. Subpart I—Operating Noise Limits 91.1021 Internal safety reporting and inci- dent/accident response. 91.801 Applicability: Relation to part 36. 91.1023 Program operating manual require- 91.803 Part 125 operators: Designation of ap- ments. plicable regulations. 91.1025 Program operating manual contents. 91.805 Final compliance: Subsonic airplanes. 91.1027 Recordkeeping. 91.807–91.813 [Reserved] 91.1029 Flight scheduling and locating re- 91.815 Agricultural and fire fighting air- quirements. planes: Noise operating limitations. 91.1031 Pilot in command or second in com- 91.817 Civil aircraft sonic boom. mand: Designation required. 91.819 Civil supersonic airplanes that do not 91.1033 Operating information required. comply with part 36. 91.1035 Passenger awareness. 91.821 Civil supersonic airplanes: Noise lim- 91.1037 Large transport category airplanes: its. Turbine engine powered; Limitations; 91.823–91.849 [Reserved] Destination and alternate airports. 91.851 Definitions. 91.1039 IFR takeoff, approach and landing 91.853 Final compliance: Civil subsonic air- minimums. planes. 91.1041 Aircraft proving and validation 91.855 Entry and nonaddition rule. tests.

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91.1043 [Reserved] 91.1411 Continuous airworthiness mainte- 91.1045 Additional equipment requirements. nance program use by fractional owner- 91.1047 Drug and alcohol misuse education ship program manager. program. 91.1413 CAMP: Responsibility for airworthi- 91.1049 Personnel. ness. 91.1051 Pilot safety background check. 91.1415 CAMP: Mechanical reliability re- 91.1053 Crewmember experience. ports. 91.1055 Pilot operating limitations and pair- 91.1417 CAMP: Mechanical interruption ing requirement. summary report. 91.1057 Flight, duty and rest time require- ments; All crewmembers. 91.1423 CAMP: Maintenance organization. 91.1059 Flight time limitations and rest re- 91.1425 CAMP: Maintenance, preventive quirements: One or two pilot crews. maintenance, and alteration programs. 91.1061 Augmented flight crews. 91.1427 CAMP: Manual requirements. 91.1062 Duty periods and rest requirements: 91.1429 CAMP: Required inspection per- Flight attendants. sonnel. 91.1063 Testing and training: Applicability 91.1431 CAMP: Continuing analysis and sur- and terms used. veillance. 91.1065 Initial and recurrent pilot testing 91.1433 CAMP: Maintenance and preventive requirements. maintenance training program. 91.1067 Initial and recurrent flight attend- 91.1435 CAMP: Certificate requirements. ant crewmember testing requirements. 91.1437 CAMP: Authority to perform and ap- 91.1069 Flight crew: Instrument proficiency check requirements. prove maintenance. 91.1071 Crewmember: Tests and checks, 91.1439 CAMP: Maintenance recording re- grace provisions, training to accepted quirements. standards. 91.1441 CAMP: Transfer of maintenance 91.1073 Training program: General. records. 91.1075 Training program: Special rules. 91.1443 CAMP: Airworthiness release or air- 91.1077 Training program and revision: Ini- craft maintenance log entry. tial and final approval. 91.1079 Training program: Curriculum. Subpart L—Continued Airworthiness and 91.1081 Crewmember training requirements. Safety Improvements 91.1083 Crewmember emergency training. 91.1085 Hazardous materials recognition 91.1501 Purpose and definition. training. 91.1503 [Reserved] 91.1087 Approval of aircraft simulators and 91.1505 Repairs assessment for pressurized other training device. fuselages. 91.1089 Qualifications: Check pilots (air- 91.1507 Fuel tank system inspection pro- craft) and check pilots (simulator). gram. 91.1091 Qualifications: Flight instructors APPENDIX A TO PART 91—CATEGORY II OPER- (aircraft) and flight instructors (simu- ATIONS: MANUAL, INSTRUMENTS, EQUIP- lator). 91.1093 Initial and transition training and MENT, AND MAINTENANCE checking: Check pilots (aircraft), check APPENDIX B TO PART 91—AUTHORIZATIONS TO pilots (simulator). EXCEED MACH 1 (§ 91.817) 91.1095 Initial and transition training and APPENDIX C TO PART 91—OPERATIONS IN THE checking: Flight instructors (aircraft), NORTH ATLANTIC (NAT) MINIMUM NAVIGA- flight instructors (simulator). TION PERFORMANCE SPECIFICATIONS 91.1097 Pilot and flight attendant crew- (MNPS) AIRSPACE member training programs. APPENDIX D TO PART 91—AIRPORTS/LOCA- 91.1099 Crewmember initial and recurrent TIONS: SPECIAL OPERATING RESTRICTIONS training requirements. APPENDIX E TO PART 91—AIRPLANE FLIGHT 91.1101 Pilots: Initial, transition, and up- RECORDER SPECIFICATIONS grade ground training. APPENDIX F TO PART 91—HELICOPTER FLIGHT 91.1103 Pilots: Initial, transition, upgrade, RECORDER SPECIFICATIONS requalification, and differences flight APPENDIX G TO PART 91—OPERATIONS IN RE- training. DUCED VERTICAL SEPARATION MINIMUM 91.1105 Flight attendants: Initial and transi- (RVSM) AIRSPACE tion ground training. 91.1107 Recurrent training. AUTHORITY: 49 U.S.C. 106(g), 1155, 40103, 91.1109 Aircraft maintenance: Inspection 40113, 40120, 44101, 44111, 44701, 44704, 44709, program. 44711, 44712, 44715, 44716, 44717, 44722, 46306, 91.1111 Maintenance training. 46315, 46316, 46504, 46506–46507, 47122, 47508, 91.1113 Maintenance recordkeeping. 47528–47531, articles 12 and 29 of the Conven- 91.1115 Inoperable instruments and equip- tion on International Civil Aviation (61 Stat. ment. 1180).

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SPECIAL FEDERAL AVIATION REGULATION writing by the Flight Standards District Of- NO. 50–2—SPECIAL FLIGHT RULES IN fice: THE VICINITY OF THE GRAND CANYON Northbound NATIONAL PARK, AZ 11,500 or Section 1. Applicability. This rule prescribes 13,500 feet MSL special operating rules for all persons oper- ating aircraft in the following airspace, des- Southbound ignated as the Grand Canyon National Park >10,500 or Special Flight Rules Area: >12,500 feet MSL That airspace extending upward from the (b) Is authorized in writing by the Flight surface up to but not including 14,500 feet Standards District Office and is conducted in MSL within an area bounded by a line begin- compliance with the conditions contained in ° ′ ″ ° ′ ″ ning at lat. 36 09 30 N., long. 114 03 00 W.; that authorization. Normally authorization ° ′ ″ ° ′ ″ northeast to lat. 36 14 00 N., long. 113 09 50 will be granted for operation in the areas de- W.; thence northeast along the boundary of scribed in Section 4 or below the altitudes the Grand Canyon National Park to lat. listed in Section 5 only for operations of air- ° ′ ″ ° ′ ″ ° ′ ″ 36 24 47 N., long. 112 52 00 W.; to lat. 36 30 30 craft necessary for law enforcement, fire- ° ′ ″ ° ′ ″ N., long. 112 36 15 W. to lat. 36 21 30 N., long. fighting, emergency medical treatment/evac- ° ′ ″ ° ′ ″ ° ′ ″ 112 00 00 W. to lat. 36 35 30 N., long. 111 53 10 uation of persons in the vicinity of the Park; ° ′ ″ ° ′ ″ W., to lat. 36 53 00 N., long. 111 36 45 W. to for support of Park maintenance or activi- lat. 36°53′00″ N., long. 111°33′00″ W.; to lat. ties; or for aerial access to and maintenance 36°19′00″ N., long. 111°50′50″ W.; to lat. 36°17′00″ of other property located within the Special N., long. 111°42′00″ W.; to lat. 35°59′30″ N., Flight Rules Area. Authorization may be long. 111°42′00″ W.; to lat. 35°57′30″ N., long. issued on a continuing basis. 112°03′55″ W.; thence counterclockwise via the (c)(1) Prior to November 1, 1988, is con- 5 statute mile radius of the Grand Canyon ducted in accordance with a specific author- Airport airport reference point (lat. 35°57′09″ ization to operate in that airspace incor- N., long. 112°08′47″ W.) to lat. 35°57′30″ N., porated in the operator’s part 135 operations long. 112°14′00″ W.; to lat. 35°57′30″ N., long. specifications in accordance with the provi- 113°11′00″ W.; to lat. 35°42′30″ N., long. sions of SFAR 50–1, notwithstanding the pro- 113°11′00″ W.; to 35°38′30″ N.; long. 113°27′30″ W.; thence counterclockwise via the 5 stat- visions of Sections 4 and 5; and ute mile radius of the Peach Springs (2) On or after November 1, 1988, is con- VORTAC to lat. 35°41′20″ N., long. 113°36′00″ ducted in accordance with a specific author- W.; to lat. 35°55′25″ N., long. 113°49′10″ W.; to ization to operate in that airspace incor- lat. 35°57′45″ N., 113°45′20″ W.; thence north- porated in the operated in the operator’s op- west along the park boundary to lat. 36°02′20″ erations specifications and approved by the N., long. 113°50′15″ W.; to 36°00′10″ N., long. Flight Standards District Office in accord- 113°53′45″ W.; thence to the point of begin- ance with the provisions of SFAR 50–2. ning. (d) Is a search and rescue mission directed Section 3. Aircraft operations: general. Ex- by the U.S. Air Force Rescue Coordination cept in an emergency, no person may operate Center. an aircraft in the Special Flight Rules, Area (e) Is conducted within 3 nautical miles of under VFR on or after September 22, 1988, or Whitmore Airstrip, Pearce Ferry Airstrip, under IFR on or after April 6, 1989, unless the North Rim Airstrip, Cliff Dwellers Airstrip, operation—(a) Is conducted in accordance or Marble Canyon Airstrip at an altitudes with the following procedures: less than 3,000 feet above airport elevation, NOTE: The following procedures do not re- for the purpose of landing at or taking off lieve the pilot from see-and-avoid responsi- from that facility. Or bility or compliance with FAR 91.119. (f) Is conducted under an IFR clearance (1) Unless necessary to maintain a safe dis- and the pilot is acting in accordance with tance from other aircraft or terrain— ATC instructions. An IFR flight plan may (i) Remain clear of the areas described in not be filed on a route or at an altitude that Section 4; and would require operation in an area described (ii) Remain at or above the following alti- in Section 4. tudes in each sector of the canyon: Section 4. Flight-free zones. Except in an Eastern section from Lees Ferry to North emergency or if otherwise necessary for safe- Canyon and North Canyon to Boundary ty of flight, or unless otherwise authorized Ridge: as prescribed in Section 5. by the Flight Standards District Office for a Boundary Ridge to Supai Point purpose listed in Section 3(b), no person may (Yumtheska Point): 10,000 feet MSL. operate an aircraft in the Special Flight Western section from Diamond Creek to Rules Area within the following areas: the Grant Wash Cliffs: 8,000 feet MSL. (a) Desert View Flight-Free Zone. Within (2) Proceed through the four flight cor- an area bounded by a line beginning at Lat. ridors describe in Section 4 at the following 35°59′30″ N., Long. 111°46′20″ W. to 35°59′30″ N., altitudes unless otherwise authorized in Long. 111°52′45″ W.; to Lat. 36°04′50″ N., Long.

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111°52′00″ W.; to Lat. 36°06′00″ N., Long. cial Flight Rules Area at an altitude lower 111°46′20″ W.; to the point of origin; but not than the following: including the airspace at and above 10,500 (a) Eastern section from Lees Ferry to feet MSL within 1 mile of the western bound- North Canyon: 5,000 feet MSL. ary of the zone. The area between the Desert (b) Eastern section from North Canyon to View and Bright Angel Flight-Free Zones is Boundary Ridge: 6,000 feet MSL. designated the ‘‘Zuni Point Corridor.’’ (c) Boundary Ridge to Supai (Yumtheska) (b) Bright Angel Flight-Free Zone. Within Point: 7,500 feet MSL. an area bounded by a line beginning at Lat. (d) Supai Point to Diamond Creek: 6,500 35°59′30″ N., Long. 111°55′30″ W.; to Lat. feet MSL. 35°59′30″ N., Long. 112°04′00″ W.; thence coun- (e) Western section from Diamond Creek to terclockwise via the 5 statute mile radius of the Grand Wash Cliffs: 5,000 feet MSL. the Grand Canyon Airport point (Lat. Section 9. Termination date. Section 1. Ap- 35°57′09″ N., Long. 112°08′47″ W.) to Lat. plicability, Section 4, Flight-free zones, and 36°01′30″ N., Long. 112°11′00″ W.; to Lat. Section 5. Minimum flight altitudes, expire 36°06′15″ N., Long. 112°12′50″ W.; to Lat. on April 19, 2001. ° ′ ″ ° ′ ″ 36 14 40 N., Long. 112 08 50 W.; to Lat. NOTE: [Removed] 36°14′40″ N., Long. 111°57′30″ W.; to Lat. 36°12′30″ N., Long. 111°53′50″ W.; to the point [66 FR 1003, Jan. 4, 2001, as amended at 66 FR of origin; but not including the airspace at 16584, Mar. 26, 2001; 72 FR 9846, Mar. 6, 2007] and above 10,500 feet MSL within 1 mile of the eastern boundary between the southern SPECIAL FEDERAL AVIATION REGULATION boundary and Lat. 36°04′50″ N. or the airspace NO. 60—AIR TRAFFIC CONTROL SYS- at and above 10,500 feet MSL within 2 miles TEM EMERGENCY OPERATION of the northwest boundary. The area bounded by the Bright Angel and Shinumo Flight- 1. Each person shall, before conducting any Free Zones is designated the ‘‘Dragon Cor- operation under the Federal Aviation Regu- ridor.’’ lations (14 CFR chapter I), be familiar with (c) Shinumo Flight-Free Zone. Within an all available information concerning that op- area bounded by a line beginning at Lat. eration, including Notices to Airmen issued 36°04′00″ N., Long. 112°16′40″ W.; northwest under § 91.139 and, when activated, the provi- along the park boundary to a point at Lat. sions of the National Air Traffic Reduced 36°12′47″ N., Long. 112°30′53″ W.; to Lat. Complement Operations Plan available for 36°21′15″ N., Long. 112°20′20″ W.; east along the inspection at operating air traffic facilities park boundary to Lat. 36°21′15″ N., Long. and Regional air traffic division offices, and 112°13′55″ W.; to Lat. 36°14′40″ N., Long. the General Aviation Reservation Program. 112°11′25″ W.; to the point of origin. The area No operator may change the designated air- between the Thunder River/Toroweap and port of intended operation for any flight con- Shinumo Flight Free Zones is designated the tained in the October 1, 1990, OAG. ‘‘Fossil Canyon Corridor.’’ 2. Notwithstanding any provision of the (d) Toroweap/Thunder River Flight-Free Federal Aviation Regulations to the con- Zone. Within an area bounded by a line be- trary, no person may operate an aircraft in ginning at Lat. 36°22′45″ N., Long. 112°20′35″ the Air Traffic Control System: W.; thence northwest along the boundary of a. Contrary to any restriction, prohibition, the Grand Canyon National Park to Lat. procedure or other action taken by the Di- 36°17′48″ N., Long. 113°03′15″ W.; to Lat. rector of the Office of Air Traffic Systems 36°15′00″ N., Long. 113°07′10″ W.; to Lat. Management (Director) pursuant to para- 36°10′30″ N., Long. 113°07′10″ W.; thence east graph 3 of this regulation and announced in along the Colorado River to the confluence a Notice to Airmen pursuant to § 91.139 of the of Havasu Canyon (Lat. 36°18′40″ N., Long. Federal Aviation Regulations. 112°45′45″ W.;) including that area within a 1.5 b. When the National Air Traffic Reduced nautical mile radius of Toroweap Overlook Complement Operations Plan is activated (Lat. 36°12′45″ N., Long. 113°03′30″ W.); to the pursuant to paragraph 4 of this regulation, point of origin; but not including the fol- except in accordance with the pertinent pro- lowing airspace designated as the ‘‘Tuckup visions of the National Air Traffic Reduced Corridor’’: at or above 10,500 feet MSL within Complement Operations Plan. 2 nautical miles either side of a line extend- 3. Prior to or in connection with the imple- ing between Lat. 36°24′47″ N., Long. 112°48′50″ mentation of the RCOP, and as conditions W. and Lat. 36°17′10″ N., Long. 112°48′50″ W.; to warrant, the Director is authorized to: the point of origin. a. Restrict, prohibit, or permit VFR and/or Section 5. Minimum flight altitudes. Except IFR operations at any airport, Class B air- in an emergency or if otherwise necessary space area, Class C airspace area, or other for safety of flight, or unless otherwise au- class of controlled airspace. thorized by the Flight Standards District Of- b. Give priority at any airport to flights fice for a purpose listed in Section 3(b), no that are of military necessity, or are medical person may operate an aircraft in the Spe- emergency flights, Presidential flights, and

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flights transporting critical Government em- graphs 3 and 4 of this SFAR or except as fol- ployees. lows: c. Implement, at any airport, traffic man- (a) Overflights of Iraq may be conducted agement procedures, that may include reduc- above flight level (FL) 200 subject to the ap- tion of flight operations. Reduction of flight proval of, and in accordance with the condi- operations will be accomplished, to the ex- tions established by, the appropriate au- tent practical, on a pro rata basis among and thorities of Iraq. between air carrier, commercial operator, (b) Flights departing from countries adja- and general aviation operations. Flights can- cent to Iraq whose climb performance will celled under this SFAR at a high density not permit operation above FL 200 prior to traffic airport will be considered to have entering Iraqi airspace may operate at alti- been operated for purposes of part 93 of the tudes below FL 200 within Iraq to the extent Federal Aviation Regulations. necessary to permit a climb above FL 200, 4. The Director may activate the National subject to the approval of, and in accordance Air Traffic Reduced Complement Operations with the conditions established by, the ap- Plan at any time he finds that it is necessary propriate authorities of Iraq. for the safety and efficiency of the National (c) [Reserved] Airspace System. Upon activation of the 3. Permitted operations. This SFAR does not RCOP and notwithstanding any provision of prohibit persons described in paragraph 1 the FAR to the contrary, the Director is au- from conducting flight operations within the thorized to suspend or modify any airspace territory and airspace of Iraq when such op- designation. erations are authorized either by another 5. Notice of restrictions, prohibitions, pro- agency of the United States Government cedures and other actions taken by the Di- with the approval of the FAA or by an ex- rector under this regulation with respect to emption issued by the Administrator. the operation of the Air Traffic Control sys- 4. Emergency situations. In an emergency tem will be announced in Notices to Airmen that requires immediate decision and action issued pursuant to § 91.139 of the Federal for the safety of the flight, the pilot in com- Aviation Regulations. mand of an aircraft may deviate from this 6. The Director may delegate his authority SFAR to the extent required by that emer- under this regulation to the extent he con- gency. Except for U.S. air carriers or com- siders necessary for the safe and efficient op- mercial operators that are subject to the re- eration of the National Air Traffic Control quirements of 14 CFR parts 119, 121, or 135, System. each person who deviates from this rule shall, within ten (10) days of the deviation, Authority: 49 U.S.C. app. 1301(7), 1303, 1344, excluding Saturdays, Sundays, and Federal 1348, 1352 through 1355, 1401, 1421 through holidays, submit to the nearest FAA Flight 1431, 1471, 1472, 1502, 1510, 1522, and 2121 Standards District Office a complete report through 2125; articles 12, 29, 31, and 32(a) of of the operations of the aircraft involved in the Convention on International Civil Avia- the deviation including a description of the tion (61 stat. 1180); 42 U.S.C. 4321 et seq.; E.O. deviation and the reasons therefore. 11514, 35 FR 4247, 3 CFR, 1966–1970 Comp., p. 5. Expiration. This Special Federal Aviation 902; 49 U.S.C. 106(g). Regulation will remain in effect until fur- ther notice. [Doc. No. 26351, 55 FR 40760, Oct. 4, 1990, as amended by Amdt. 91–227, 56 FR 65652, Dec. [Doc. No. 28691, 61 FR 54021, Oct. 16, 1996, as 17, 1991] amended by Doc. No. FAA–2003–14766, 68 FR 17870, Apr. 11, 2003; 68 FR 65382, Nov. 19, 2003] SPECIAL FEDERAL AVIATION REGULATION NO. 77—PROHIBITION AGAINST CER- SPECIAL FEDERAL AVIATION REGULATION TAIN FLIGHTS WITHIN THE TERRI- NO. 79—PROHIBITION AGAINST CER- TORY AND AIRSPACE OF IRAQ TAIN FLIGHTS WITHIN THE FLIGHT INFORMATION REGION (FIR) OF THE 1. Applicability. This rule applies to the fol- DEMOCRATIC PEOPLE’S REPUBLIC OF lowing persons: KOREA (DPRK) (a) All U.S. air carriers or commercial op- erators; 1. Applicability. This rule applies to the fol- (b) All persons exercising the privileges of lowing persons: an airman certificate issued by the FAA ex- (a) All U.S. air carriers or commercial op- cept such persons operating U.S.-registered erators. aircraft for a foreign air carrier; or (b) All persons exercising the privileges of (c) All operators of aircraft registered in an airman certificate issued by the FAA, ex- the United States except where the operator cept such persons operating U.S.-registered of such aircraft is a foreign air carrier. aircraft for a foreign air carrier. 2. Flight prohibition. No person may con- (c) All operators of aircraft registered in duct flight operations over or within the ter- the United States except where the operator ritory of Iraq except as provided in para- of such aircraft is a foreign air carrier.

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2. Flight Prohibition. Except as provided in the United States Government with the ap- paragraphs 3 and 4 of this SFAR, no person proval of the FAA. described in paragraph 1 may conduct flight 4. Emergency situations. In an emergency operations through the Pyongyang FIR west that requires immediate decision and action of 132 degrees east longitude. for the safety of the flight, the pilot in com- 3. Permitted Operations. This SFAR does not mand of an aircraft may deviate from this prohibit persons described in paragraph 1 SFAR to the extent required by that emer- from conducting flight operations within the gency. Except for U.S. air carriers and com- Pyongyang FIR west of 132 degrees east lon- mercial operators that are subject to the re- gitude where such operations are authorized quirements of 14 CFR 121.557, 121.559, or either by exemption issued by the Adminis- 135.19, each person who deviates from this trator or by another agency of the United rule shall, within ten (10) days of the devi- States Government with FAA approval. ation, excluding Saturdays, Sundays, and 4. Emergency situations. In an emergency Federal holidays, submit to the nearest FAA that requires immediate decision and action Flight Standards District Office a complete for the safety of the flight, the pilot in com- report of the operations of the aircraft in- mand on an aircraft may deviate from this volved in the deviation, including a descrip- SFAR to the extent required by that emer- tion of the deviation and the reasons there- gency. Except for U.S. air carriers and com- for. 5. Expiration. This Special Federal Aviation mercial operators that are subject to the re- Regulation shall remain in effect until fur- quirements of 14 CFR parts 121, 125, or 135, ther notice. each person who deviates from this rule shall, within ten (10) days of the deviation, [Doc. No. FAA–2000–7360; 65 FR 31215, May 16, excluding Saturdays, Sundays, and Federal 2000] holidays, submit to the nearest FAA Flight Standards District Office a complete report SPECIAL FEDERAL AVIATION REGULATION of the operations of the aircraft involved in NO. 97—SPECIAL OPERATING RULES the deviation, including a description of the FOR THE CONDUCT OF INSTRUMENT deviation and the reasons therefore. FLIGHT RULES (IFR) AREA NAVIGA- 5. Expiration. This Special Federal Aviation TION (RNAV) OPERATIONS USING Regulation No. 79 will remain in effect until GLOBAL POSITIONING SYSTEMS further notice. (GPS) IN ALASKA [Doc. No. 28831, 62 FR 20078, Apr. 24, 1997, as amended at 63 FR 8017, Feb. 17, 1998; 63 FR Those persons identified in Section 1 may 19286, Apr. 17, 1998] conduct IFR en route RNAV operations in the State of Alaska and its airspace on pub- lished air traffic routes using TSO C145a/ SPECIAL FEDERAL AVIATION REGULATION C146a navigation systems as the only means NO. 87—PROHIBITION AGAINST CER- of IFR navigation. Despite contrary provi- TAIN FLIGHTS WITHIN THE TERRI- sions of parts 71, 91, 95, 121, 125, and 135 of TORY AND AIRSPACE OF ETHIOPIA this chapter, a person may operate aircraft in accordance with this SFAR if the fol- 1. Applicability. This Special Federal Avia- lowing requirements are met. tion Regulation (SFAR) No. 87 applies to all U.S. air carriers or commercial operators, all Section 1. Purpose, use, and limitations persons exercising the privileges of an air- a. This SFAR permits TSO C145a/C146a man certificate issued by the FAA unless GPS (RNAV) systems to be used for IFR en that person is engaged in the operation of a route operations in the United States air- U.S.-registered aircraft for a foreign air car- space over and near Alaska (as set forth in rier, and all operators using aircraft reg- paragraph c of this section) at Special Min- istered in the United States except where the imum En Route Altitudes (MEA) that are operator of such aircraft is a foreign air car- outside the operational service volume of rier. ground-based navigation aids, if the aircraft 2. Flight prohibition. Except as provided in operation also meets the requirements of paragraphs 3 and 4 of this SFAR, no person sections 3 and 4 of this SFAR. described in paragraph 1 may conduct flight b. Certificate holders and part 91 operators operations within the territory and airspace may operate aircraft under this SFAR pro- of Ethiopia north of 12 degrees north lati- vided that they comply with the require- tude. ments of this SFAR. 3. Permitted operations. This SFAR does not c. Operations conducted under this SFAR prohibit persons described in paragraph 1 are limited to United States Airspace within from conducting flight operations within the and near the State of Alaska as defined in territory and airspace of Ethiopia where the following area description: such operations are authorized either by ex- From 62°00′00.000″N, Long. 141°00′00.00″W.; to emption issued by the Administrator or by Lat. 59°47′54.11″N., Long. 135°28′38.34″W.; to an authorization issued by another agency of Lat. 56°00′04.11″N., Long. 130°00′07.80″W.; to

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

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Section 5. Expiration date and airspace of Somalia below flight level (FL) 200. This Special Federal Aviation Regulation (a) Overflights of Somalia may be con- will remain in effect until rescinded. ducted above FL 200 subject to the approval [Doc. No. FAA–2003–14305, 68 FR 14077, Mar. of, and in accordance with the conditions es- 21, 2003] tablished by, the appropriate authorities of Somalia. SPECIAL FEDERAL AVIATION REGULATION (b) Flights departing from countries adja- NO. 104—PROHIBITION AGAINST CER- cent to Somalia whose climb performance will not permit operation above FL 200 prior TAIN FLIGHTS BY SYRIAN AIR CAR- to entering Somali airspace may operate at RIERS TO THE UNITED STATES altitudes below FL 200 within Somalia to the 1. Applicability. This Special Federal Avia- extent necessary to permit a climb above FL tion Regulation (SFAR) No. 104 applies to 200, subject to the approval of, and in accord- any air carrier owned or controlled by Syria ance with the conditions established by, the that is engaged in scheduled international appropriate authorities of Somalia. air services. 3. Permitted operations. This SFAR does not prohibit persons described in section 1 from 2. Special flight restrictions. Except as pro- conducting flight operations within the ter- vided in paragraphs 3 and 4 of this SFAR No. ritory and airspace below FL 200 of Somalia 104, no air carrier described in paragraph 1 when such operations are authorized either may take off from or land in the territory of by another agency of the United States Gov- the United States. ernment with the approval of the FAA or by 3. Permitted operations. This SFAR does not an exemption issued by the Administrator. prohibit overflights of the territory of the 4. Emergency situations. In an emergency United States by any air carrier described in that requires immediate decision and action paragraph 1. for the safety of the flight, the pilot in com- 4. Emergency situations. In an emergency mand of an aircraft may deviate from this that requires immediate decision and action SFAR to the extent required by that emer- for the safety of the flight, the pilot in com- gency. Except for U.S. air carriers and com- mand of an aircraft of any air carrier de- mercial operators that are subject to the re- scribed in paragraph 1 may deviate from this quirements of Title 14 CFR parts 119, 121, or SFAR to the extent required by that emer- 135, each person who deviates from this rule gency. Each person who deviates from this must, within 10 days of the deviation, ex- rule must, within 10 days of the deviation, cluding Saturdays, Sundays, and Federal excluding Saturdays, Sundays, and Federal holidays, submit to the nearest FAA Flight holidays, submit to the nearest FAA Flight Standards District Office a complete report Standards District Office a complete report of the operations of the aircraft involved in of the operations or the aircraft involved in the deviation, including a description of the the deviation, including a description of the deviation and the reasons for it. deviation and the reasons therefor. 5. Expiration. This Special Federal Aviation 5. Duration. This SFAR No. 104 will remain Regulation will remain in effect until fur- in effect until further notice. ther notice. [Doc. No. FAA–2004–17763, 69 FR 31719, June 4, [Doc. No. FAA–2007–27602, 72 FR 16712, Apr. 5, 2004] 2007]

SPECIAL FEDERAL AVIATION REGULATION SPECIAL FEDERAL AVIATION REGULATION NO. 107—PROHIBITION AGAINST CER- NO. 108—MITSUBISHI MU–2B SERIES TAIN FLIGHTS WITHIN THE TERRI- SPECIAL TRAINING, EXPERIENCE, AND TORY AND AIRSPACE OF SOMALIA OPERATING REQUIREMENTS 1. Applicability. This rule applies to the fol- 1. Applicability. After February 5, 2009, this lowing persons: Special Federal Aviation Regulation (SFAR) (a) All U.S. air carriers or commercial op- applies to all persons who operate the erators; Mitsubishi MU–2B series airplane including (b) All persons exercising the privileges of those who act as pilot-in-command, act as an airman certificate issued by the FAA ex- second-in-command, or other persons who cept such persons operating U.S.-registered manipulate the controls while under the su- aircraft for a foreign air carrier; and pervision of a pilot-in-command. This SFAR (c) All operators of aircraft registered in also applies to those persons who provide the United States except where the operator pilot training for the Mitsubishi MU–2B se- of such aircraft is a foreign air carrier. ries airplane. The requirements in this SFAR 2. Flight prohibition. Except as provided are in addition to the requirements of 14 below, or in paragraphs 3 and 4 of this SFAR, CFR parts 61, 91, and 135 of this chapter. no person described in paragraph 1 may con- 2. Compliance and Eligibility. (a) Except as duct flight operations within the territory provided in paragraph (b) of this section, no

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person may manipulate the controls, act as more than one MU–2B model. Differences pilot-in-command, act as second-in-com- training between the K and M models of the mand, or provide pilot training for the MU–2B airplane, and the J and L models of Mitsubishi MU–2B series airplane unless that the MU–2B airplane, may be accomplished person meets the applicable requirements of with Level A training. All other Differences this SFAR. training must be accomplished with Level B (b) A person, who does not meet the re- training. Persons that are operating two quirements of this SFAR, may manipulate models of the MU–2B airplane are required to the controls of the Mitsubishi MU–2B series receive 1.5 hours of Differences training. Per- airplane if a pilot-in-command meeting the sons that are operating three or more models applicable requirements of this SFAR is oc- of the MU–2B airplane are required to receive cupying a pilot station, and the flight is 3.0 hours of Differences training. An addi- being conducted for one of the following rea- tional 1.5 hours of Differences training is re- sons— quired for each model added at a later date. (1) The pilot-in-command is providing pilot Differences Training is not a recurring an- training to the manipulator of the controls, nual requirement. Once a person has received and no passengers or cargo are carried on Differences training between the applicable board the airplane; different models, no additional Differences (2) The pilot-in-command is conducting a training between those models is required. maintenance test flight with a second pilot 3. Required Pilot Training. (a) Except as pro- or certificated mechanic, and no passengers vided in section 2 paragraph (b) of this or cargo are carried on board the airplane; or SFAR, no person may manipulate the con- (3) The pilot-in-command is conducting trols, act as pilot-in-command, or act as sec- simulated instrument flight and is using a ond-in-command of a Mitsubishi MU–2B se- safety pilot other than the pilot-in-command ries airplane for the purpose of flight un- who manipulates the controls for the pur- less— poses of 14 CFR 91.109(b), and no passengers (1) The applicable requirements for ground or cargo are carried on board the airplane. and flight training on Initial/transition, Re- (c) A person is required to complete Initial/ qualification, Recurrent, and Differences transition training if that person has fewer training have been completed, as specified in than— this SFAR, including Appendices A through (1) 50 hours of documented flight time ma- D of this SFAR; and nipulating the controls while serving as (2) That person’s logbook has been en- pilot-in-command of a Mitsubishi MU–2B se- dorsed in accordance with paragraph (f) of ries airplane in the preceding 24 months; or this section. (2) 500 hours of documented flight time ma- (b) No person may manipulate the con- nipulating the controls while serving as trols, act as pilot-in-command, or act as sec- pilot-in-command of a Mitsubishi MU–2B se- ond-in-command, of a Mitsubishi MU–2B se- ries airplane. ries airplane for the purpose of flight un- (d) A person is eligible to receive Requali- less— fication training in lieu of Initial/transition (1) That person satisfactorily completes, if training if that person has at least— applicable, annual Recurrent pilot training (1) 50 hours of documented flight time ma- on the Special Emphasis Items, and all items nipulating the controls while serving as listed in the Training Course Final Phase pilot-in-command of a Mitsubishi MU–2B se- Check as specified in Appendix C of this ries airplane in the preceding 24 months; or SFAR; and (2) 500 hours of documented flight time ma- (2) That person’s logbook has been en- nipulating the controls while serving as dorsed in accordance with paragraph (f) of pilot-in-command of a Mitsubishi MU–2B se- this section. ries airplane. (c) Satisfactory completion of the com- (e) A person is required to complete Recur- petency check required by 14 CFR 135.293 rent training within the preceding 12 months. within the preceding 12 calendar months Successful completion of Initial/transition or may not be substituted for the Mitsubishi Requalification training within the pre- MU–2B series airplane annual recurrent ceding 12 months satisfies the requirement of flight training of this section. Recurrent training. A person must success- (d) Satisfactory completion of a Federal fully complete Initial/transition training or Aviation Administration sponsored pilot pro- Requalification training before being eligible ficiency award program, as described in 14 to receive Recurrent training. CFR 61.56(e) may not be substituted for the (f) Successful completion of Initial/transi- Mitsubishi MU–2B series airplane annual re- tion training or Requalification training is a current flight training of this section. one-time requirement. A person may elect to (e) If a person complies with the require- retake Initial/transition training or Requali- ments of paragraph (a) or (b) of this section fication training in lieu of Recurrent train- in the calendar month before or the calendar ing. month after the month in which compliance (g) A person is required to complete Dif- with these paragraphs are required, that per- ferences training if that person operates son is considered to have accomplished the

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training requirement in the month the train- (2) Each flight instructor who provides ing is due. flight training in the Mitsubishi MU–2B se- (f) The endorsement required under para- ries airplane must meet the currency re- graph (a) and (b) of this section must be quirements of paragraphs (a) and (c) of sec- made by— tion 6 of this SFAR before giving flight in- (1) A certificated flight instructor meeting struction in the Mitsubishi MU–2B series air- the qualifications of section 5 of this SFAR; plane. or (3) Each flight instructor who provides (2) For persons operating the Mitsubishi flight training in the Mitsubishi MU–2B se- MU–2B series airplane for a part 119 certifi- ries airplane must have a minimum total cate holder within the last 12 calendar pilot time of 2,000 pilot-in-command hours, months, the 14 CFR part 119 certificate hold- 800 pilot-in-command hours in multiengine er’s flight instructor if authorized by the airplanes. FAA and if that flight instructor meets the (4) Each flight instructor who provides requirements of section 5 of this SFAR. flight training in the Mitsubishi MU–2B se- (g) All training conducted for the ries airplane must have— Mitsubishi MU–2B series airplane must be (i) 300 pilot-in-command hours in the completed in accordance with the applicable Mitsubishi MU–2B series airplane, 50 hours of MU–2B series checklist listed in table 1 of which must have been within the preceding this SFAR or an MU–2B series airplane 12 months; or checklist that has been accepted by the Fed- (ii) 100 pilot-in-command hours in the eral Aviation Administration’s MU–2B Mitsubishi MU–2B series airplane, 25 hours of Flight Standardization Board. which must have been within the preceding 12 months, and 300 hours providing instruc- tion in a FAA-approved Mitsubishi MU–2B TABLE 1 TO SFAR 108—MU–2B SERIES simulator or FAA-approved Mitsubishi MU– AIRPLANE MANUFACTURER’S CHECKLISTS 2B flight training device, 25 hours of which must have been within the preceding 12 Cockpit Date the months. Type certifi- checklist checklist was Model cate accepted by (b) Flight Instructor (Simulator/ Flight Train- MHI docu- the FSB ing Device). No flight instructor may provide ment No. instruction for the Mitsubishi MU–2B series MU–2B–60 .. A10SW ...... YET06220C 2/12/2007 airplane unless that instructor meets the re- MU–2B–40 .. A10SW ...... YET06256A 2/12/2007 quirements of this paragraph. MU–2B–36A A10SW ...... YET06257B 2/12/2007 (1) Each flight instructor who provides MU–2B–36 .. A2PC ...... YET06252B 2/12/2007 flight training for the Mitsubishi MU–2B se- MU–2B–35 .. A2PC ...... YET06251B 2/12/2007 ries airplane must meet the pilot training MU–2B–30 .. A2PC ...... YET06250A 3/2/2007 and documentation requirements of section 3 MU–2B–26A A10SW ...... YET06255A 2/12/2007 of this SFAR before giving flight instruction MU–2B–26 .. A2PC ...... YET06249A 3/2/2007 for the Mitsubishi MU–2B series airplane. MU–2B–26 .. A10SW ...... YET06254A 3/2/2007 MU–2B–25 .. A10SW ...... YET06253A 3/2/2007 (2) Each flight instructor who provides MU–2B–25 .. A2PC ...... YET06248A 3/2/2007 flight training for the Mitsubishi MU–2B se- MU–2B–20 .. A2PC ...... YET06247A 2/12/2007 ries airplane must meet the currency re- MU–2B–15 .. A2PC ...... YET06246A 3/2/2007 quirements of paragraph (c) of section 6 of MU–2B–10 .. A2PC ...... YET06245A 3/2/2007 this SFAR before giving flight instruction MU–2B ...... A2PC ...... YET06244A 3/2/2007 for the Mitsubishi MU–2B series airplane. (3) Each flight instructor who provides 4. Aeronautical Experience. No person may flight training for the Mitsubishi MU–2B se- act as pilot-in-command of a Mitsubishi MU– ries airplane must have— 2B series airplane for the purpose of flight (i) A minimum total pilot time of 2000 unless that person holds an airplane cat- pilot-in-command hours and 800 pilot-in- egory and multi-engine land class rating, command hours in multiengine airplanes; and has logged a minimum of 100 flight hours and of pilot-in-command time in multi-engine (ii) Within the preceding 12 months, either airplanes. 50 hours of Mitsubishi MU–2B series airplane 5. Instruction, Checking and Evaluation. (a) pilot-in-command experience or 50 hours pro- Flight Instructor (Airplane). No flight instruc- viding simulator or flight training device in- tor may provide instruction or conduct a struction for the Mitsubishi MU–2B. flight review in a Mitsubishi MU–2B series (c) Checking and Evaluation. No person may airplane unless that flight instructor meets provide checking or evaluation for the the requirements of this paragraph. Mitsubishi MU–2B series airplane unless that (1) Each flight instructor who provides person meets the requirements of this para- flight training in the Mitsubishi MU–2B se- graph. ries airplane must meet the pilot training (1) For the purpose of checking, designated and documentation requirements of section 3 pilot examiners, training center evaluators, of this SFAR before giving flight instruction and check airmen must have completed the in the Mitsubishi MU–2B series airplane. appropriate training in the Mitsubishi MU–

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2B series airplane in accordance with section (d) No person may operate a Mitsubishi 3 of this SFAR. MU–2B series airplane unless an MU–2B se- (2) For checking conducted in the ries airplane checklist, appropriate for the Mitsubishi MU–2B series airplane, each des- model being operated and accepted by the ignated pilot examiner and check airman Federal Aviation Administration MU–2B must have 100 hours pilot-in-command flight Flight Standardization Board, is accessible time in the Mitsubishi MU–2B series airplane for each flight at the pilot station and is and maintain currency in accordance with used by the flight crewmembers when oper- section 6 of this SFAR. ating the airplane. 6. Currency Requirements and Flight Review. (e) No person may operate a Mitsubishi (a) The takeoff and landing currency require- MU–2B series airplane contrary to the MU– ments of 14 CFR 61.57 must be maintained in 2B training program in the Appendices of the Mitsubishi MU–2B series airplane. Take- this SFAR. off and landings in other multiengine air- (f) If there are any differences between the planes do not meet the takeoff landing cur- training and operating requirements of this rency requirements for the Mitsubishi MU– SFAR and the MU–2B Airplane Flight Manu- 2B series airplane. Takeoff and landings in al’s procedures sections (Normal, Abnormal, either the short-body or long-body and Emergency) and the MU–2B airplane se- Mitsubishi MU–2B model airplane may be ries checklist specified in section 3(g), table credited toward takeoff and landing currency 1, the person operating the airplane must op- for both Mitsubishi MU–2B model groups. erate the airplane in accordance with the (b) Instrument experience obtained in training specified in section 3(g), table 1. other category and class of aircraft may be 8. Credit for Prior Training. Initial/transi- used to satisfy the instrument currency re- tion or requalification training conducted quirements of 14 CFR 61.57 for the Mitsubishi between July 27, 2006, and April 7, 2008, using MU–2B series airplane. Mitsubishi Heavy Industries MU–2B Training (c) Satisfactory completion of a flight re- Program, Part number YET 05301, Revision view to satisfy the requirements of 14 CFR Original, dated July 27, 2006, or Revision 1, 61.56 is valid for operation of a Mitsubishi dated September 19, 2006, is considered to be MU–2B series airplane only if that flight re- compliant with this SFAR, if the student view is conducted in a Mitsubishi MU–2B se- met the eligibility requirements for the ap- ries airplane. The flight review for plicable category of training and the stu- Mitsubishi MU–2B series airplanes must in- dent’s instructor met the experience require- clude the Special Emphasis Items, and all ments of this SFAR. items listed in the Training Course Final 9. Incorporation by Reference. You must pro- Phase Check of Appendix C of this SFAR. ceed in accordance with the Mitsubishi (d) A person who successfully completes Heavy Industries MU–2B Checklists as listed the Initial/transition, Requalification, or Re- in Table 1 of this SFAR which are incor- current training requirements, as described porated by reference. The Director of the in section 3 of this SFAR, also meets the re- Federal Register approved this incorporation quirements of 14 CFR 61.56 and need not ac- by reference in accordance with 5 U.S.C. sec- complish a separate flight review provided tion 552(a) and 1 CFR part 51. The Mitsubishi that at least 1 hour of the flight training was Heavy Industries MU–2B Checklists are dis- conducted in the Mitsubishi MU–2B series tributed by Turbine Aircraft Services, Inc. airplane. You may obtain a copy from Turbine Air- 7. Operating Requirements. (a) Except as craft Services Inc., 4550 Jimmy Doolittle provided in paragraph (b) of this section, no Drive, Addison, Texas 75001, USA. You may person may operate a Mitsubishi MU–2B air- inspect a copy at U.S. Department of Trans- plane in single pilot operations unless that portation, Docket Management Facility, airplane has a functional autopilot. Room W 12–140, West Building Ground Floor, (b) A person may operate a Mitsubishi MU– 1200 New Jersey Ave., SE., Washington, DC 2B airplane in single pilot operations with- 20590–0001, or at the National Archives and out a functional autopilot when— Records Administration at NARA, call 202– (1) Operating under day visual flight rule 741–6030, or go to: http://www.archives.gov/ requirements; or federallregister/codeloflfederallregulations/ (2) Authorized under a FAA approved min- ibrllocations.html. imum equipment list for that airplane, oper- 10. Expiration. This SFAR will remain in ef- ating under instrument flight rule require- fect until further notice. ments in daytime visual meteorological con- APPENDIX A TO SFAR 108—MU–2B GENERAL ditions. TRAINING REQUIREMENTS (c) No person may operate a Mitsubishi MU–2B series airplane unless a copy of the (a) The Mitsubishi MU–2B Training Pro- appropriate Mitsubishi Heavy Industries gram consists of both ground and flight MU–2B Airplane Flight Manual is carried on training. The minimum pilot training re- board the airplane and is accessible during quirement hours are shown in Table 1 of this each flight at the pilot station. appendix for ground instruction and Table 2

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of this appendix for flight instruction. An ad- (2) LEVEL B Training—Training that is ditional ground training requirement for Dif- conducted in the classroom environment ferences Training is shown in Table 3. with the aid of a qualified instructor who (b) The MU–2B is certificated by the Fed- meets the requirements of this SFAR. eral Aviation Administration (FAA) as a sin- (3) LEVEL C Training—Training that is ac- gle pilot airplane. No training credit is given complished in an FAA-approved Level 5, 6, or for second in command (SIC) training and no 7 Flight Training Device (FTD). In addition credit is given for right seat time under this to the basic FTD requirements, the FTD program. Only the sole manipulator of the must be representative of the MU–2B cockpit controls of the MU–2B airplane, Flight controls and be specifically approved by the Training Device (FTD), or Level C or D simu- FAA for the MU–2B airplane. lator can receive training credit under this (4) LEVEL E Training—Training that must program. be accomplished in the MU–2B airplane, (c) The training program references the ap- Level C simulator, or Level D simulator. plicable MU–2B airplane flight manual APPENDIX B TO SFAR 108—MU–2B GROUND (AFM) in several sections. There may be dif- TRAINING CURRICULUM CONTENTS ferences between sequencing of procedures found in the AFM’s procedures sections and All items in the ground training cur- the checklists, procedures, and techniques riculum must be covered. The order of pres- found within this training program. The entation is at the discretion of the instruc- FAA’s Mitsubishi MU–2B SFAR requires that tor. The student must satisfactorily com- if there are any differences between the plete a written or oral exam given by the AFM’s procedures sections (Normal, Abnor- training provider based on this MU–2B Train- mal, and Emergency) and the training and ing Program. operating requirements of the Mitsubishi I. Aircraft General MU–2B SFAR, the person operating the air- A. Introduction plane must operate the airplane in accord- B. Airplane (Structures/Aerodynamics/En- ance with the training specified in the SFAR gines) Overview and this MU–2B training program. 1. Fuselage (d) Minimum Programmed Training Hours 2. Wing 3. Empennage TABLE 1 TO APPENDIX A OF SFAR 108 4. Doors 5. Windshield and Windows Ground instruction C. Airplane Systems 1. Electrical Power Initial/transition Requalificaton Recurrent 2. Lighting 3. Fuel System 20 hours ...... 12 hours ...... 8 hours. 4. Powerplant 5. Environmental TABLE 2 TO APPENDIX A OF SFAR 108 6. Fire Protection 7. Ice and Rain Protection Flight instruction 8. Landing Gear and Brakes 9. Flight Controls and Trim Initial/transition Requalification Recurrent 10. Pilot Static System/Flight Instruments 11. Oxygen System 12 hours with a 8 hours Level C or 4 hours at Level E, minimum of 6 Level E. or 6 hours at D. Operating Limitations hours at Level E. Level C. 1. Weights 2. Center of Gravity and Loading 3. Airspeeds TABLE 3 TO APPENDIX A OF SFAR 108 4. Maneuvering Load Factors 5. Takeoff And Landing Operations Differences training 6. Enroute Operations E. Required Placards F. Instrument Markings 2 models currently .... 1.5 hours at Level A G. Flight Characteristics or B. 1. Control System More than 2 models 3 hours at Level A or 2. Stability and Stall Characteristics currently. B. 3. Single Engine Operation Each additional model 1.5 hours at Level A 4. Maneuvering and Trim added. or B. 5. Takeoff and Landing II. Electrical Power A. General Description (e) Definitions of Levels of Training as B. DC Electrical System Used in This Appendix 1. DC Power Generation (1) LEVEL A Training—Training that is 2. DC Power Distribution conducted through self instruction by the 3. Battery System pilot. 4. External Power System

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C. AC Electrical System 1. Ground Operations 1. AC Power Generation 2. In-Flight Operations 2. Controls and Indicators 3. Synchronization 3. AC Power Distribution 4. De-Ice D. Limitations D. Ground Checks 1. General Limitations 1. Overspeed Governor 2. Instrument Markings 2. SRL and Delta P/P III. Lighting 3. NTS and Feather Valve A. Exterior Lighting System 4. Supplementary NTS 1. Navigation Lights E. In Flight Post Maintenance Checks 2. Anti-Collision Lights 1. NTS In-Flight 3. Wing Inspection Lights 2. Flight Idle Fuel Flow 4. Taxi Lights F. Limitations 5. Landing Lights 1. Powerplant 6. Rotating Beacon 2. Engine Starting Conditions 7. Operation 3. Airstart Envelope B. Interior Lighting System 4. Engine Starting 1. Flight Compartment Lights 5. Oil 2. Passenger Compartment Lights 6. Fuel C. Emergency Lighting System 7. Starter/Generator 1. Cockpit Emergency Lighting 8. External Power 2. Aircraft Emergency Lighting 9. Instrument Markings (as applicable) D. Procedures a. TPE331–10–511M 1. Normal b. TPE331–5/6–252/251M 2. Abnormal c. TPE331–1–151M 3. Emergency G. Engine Malfunctions and Failures IV. Master Caution System 1. Propeller Coupling A. System Description and Operation 2. Torque Sensor 1. Master Caution Light and Reset Switch 3. Engine Overspeed 2. Annunciator and Indicator Panels 4. Fuel Control Spline 3. Operation Lights VII. Fire Protection 4. System Tests A. Introduction B. Procedures B. Engine Fire Detection V. Fuel System 1. System Description A. Fuel Storage 2. Annunciator 1. Refueling/Balancing C. Portable Fire Extinguishers 2. De-Fueling and Draining VIII. Pneumatics 3. Tank Vent System A. System Description B. Fuel Distribution B. System Operation 1. Fuel Transfer 1. Air Sources 2. Fuel Balancing 2. Limitations 3. Boost Pump Operation C. Wing and Tail De-Ice C. Fuel Indicating 1. System Description 1. Fuel Quantity 2. Controls 2. Low Fuel Warning D. Entrance and Baggage Door Seal D. Fuel System Limitations 1. Air Source 1. Approved Fuels 2. Operation 2. Fuel Anti-Icing Additives IX. Ice and Rain Protection 3. Fuel Temperature Limitations A. General Description 4. Fuel Transfer and Fuel Imbalance B. Wing De-Ice 5. Fuel Pumps 1. System Description 6. Refueling 2. Operation 7. Capacity 3. Controls and Indications 8. Unusable Fuel C. Engine Anti-Ice VI. Powerplant 1. System Description A. Engine Description 2. Operation 1. Major Sections 3. Controls and Indications 2. Cockpit Controls D. Window Defog 3. Instrumentation 1. Controls 4. Operation 2. Operation B. Engine Systems E. Tail De-Ice 1. Lubrication 1. Horizontal Stabilizer De-Ice 2. Fuel 2. Vertical Stabilizer De-Ice 3. Ignition F. Pitot Static System Anti-Icing 4. Engine Starting 1. Pitot Tube Heating 5. Anti-Ice 2. Static Port Heating C. Propeller System 3. AOA Transmitter Heating

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G. Windshield De-Ice/Anti-Ice a. Normal Operation 1. System Description b. Emergency Operation 2. Controls and Indications 3. Rudder Trim H. Windshield Wiper 4. Pitch Trim 1. System Description a. General 2. Control and Operation b. Operations I. Propeller De-Ice c. Trim-in-Motion Alert System 1. System Description C. Secondary Flight Controls 2. Controls and Indications 1. System Description J. Ice Detector 2. Flaps 1. System Description D. Limitations 2. Controls and Indications 1. Instrument Markings 3. Operation 2. Placards K. Limitations E. Flight Characteristics 1. Temperatures 1. Control Systems 2. Cycling 2. Stability and Stall Characteristics X. Air Conditioning 3. Single Engine Operation A. System Description and Operation 5. Maneuvering and Trim 1. Refrigeration Unit (ACM) 6. Takeoff and Landing 2. Air Distribution XIV. Avionics 3. Ventilation A. Pitot-Static System 4. Temperature Control 1. System Description 5. Water Separator 2. Pilot’s System B. Limitations 3. Co-Pilot’s System XI. Pressurization 4. Alternate Static A. General B. Air Data Computer B. Component Description C. Attitude Instrument Displays (EFIS and 1. Cabin Pressure Controller Standard) 2. Altitude Pressure Regulator 1. EADI 3. Ram Air 2. Standard Attitude Gyro 4. Outflow Safety Valves D. AHRS 5. Air Filters 1. System Description 6. Manual Control Valve 2. Controls and Indications 7. Pneumatic Relays E. Navigation 8. Venturi 1. Nav Systems Descriptions C. System Operation 2. Compass System Descriptions 1. Ground Operation 3. Display Systems 2. Takeoff Mode 4. Terrain Awareness System 3. In-Flight Operation 5. Traffic Avoidance System 4. Landing Operation F. Communications D. Emergency Operation 1. VHF Communications Systems 1. High Altitude 2. Audio Control 2. Low Altitude G. Standby Flight Instruments E. Limitations 1. System Description 1. Maximum Differential 2. Controls and Indications 2. Landing Limitations H. Automatic Flight Control System XII. Landing Gear and Brakes 1. Controls and Indications A. General Description 2. Yaw Damper 1. Landing Gear Doors 3. Trim-in-Motion Alert System 2. Controls and Indicators 4. Autopilot Automatic Disconnect 3. Warning Systems 5. Aural Alert System 4. Emergency Extension I. Angle of Attack (AOA) System B. Nosewheel Steering 1. System Description C. Landing Gear/Brakes/Tires 2. Controls and Indications D. Limitations J. Limitations 1. Airspeed (with flaps) XV. Oxygen System 2. Emergency Extension A. System Description 3. Tire Speed B. Crew Oxygen 4. Brake Energy 1. Oxygen Cylinder Assembly XIII. Flight Controls 2. Pressure Gauge A. Primary Flight Controls (Elevator/Rud- 3. Outlet Valves der/Spoilers) 4. Duration 1. Description C. Passenger Oxygen 2. Operations 1. System Description B. Trim Systems 2. Duration 1. System Description D. Limitations 2. Roll Trim XVI. Performance and Planning

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A. Takeoff Performance Charts FAA Commercial Pilot—Airplane Multi-En- 1. Runway Requirements gine Land, and Instrument Rating—Airplane 2. Normal and with One Engine Inoperative Practical Test Standards (PTS). B. Climb Performance (D) The final phase check portion of the 1. Normal and with One Engine Inoperative training is comprised of the following tasks 2. Obstacle Clearance for all airmen (instrument rated and non in- 3. Power Assurance Charts strument rated). An (*) indicates those ma- C. Cruise Performance neuvers for Initial/Transition training which 1. Power Charts must be completed in the MU–2B airplane, or 2. Maximum Practical Altitude a Level C or D simulator. 3. Cruise Speeds/Engine Health 4. Buffet Boundary (1) Preflight Check. D. Landing Performance (2) Start and Taxi Procedures. 1. Runway Requirements (3) * Normal Takeoff (X-Wind) (Two En- a. Dry Runway gine). b. Wet Runway (4) * Takeoff Engine Failure. 2. Go-Around (5) Rejected Takeoff. a. One Engine Inoperative (6) * Steep Turns. b. All Engines (7) * Approach to Stalls (3) (must include XVII. Weight and Balance Accelerated Stalls). A. Aircraft Loading Procedures (8) * Maneuvering with One Engine Inoper- B. Limitations ative—Loss of Directional Control (V ). 1. Weight Limits mc (9) Abnormal and Emergency Procedures— 2. C.G. Limits C. Plotter To include MU–2B operation in icing condi- 1. Description tions without the autopilot or without trim- 2. Use in-motion or automatic autopilot dis- D. Calculations connect. 1. AFM Procedures (10) * Precision Approach (One Engine In- 2. Examples operative). XVIII. General Subjects (11) Go Around/Rejected Landing. A. Controlled Flight into Terrain Aware- (12) Normal Landing (X-Wind). ness (13) * Landing with One Engine Inoper- B. CRM/SPRM ative. 1. Crew Resource Management (14) * Landing with Non-Standard Flap 2. Single Pilot Resource Management Configuration (0 or 5 degrees). C. MU–2B Flight Standardization Board (15) Postflight Procedures. Report (E) The following additional tasks are re- APPENDIX C TO SFAR 108—MU–2B FINAL quired for those airmen who possess an in- PHASE CHECK AND FLIGHT TRAINING RE- strument rating. An (*) indicates those ma- QUIREMENTS neuvers for Initial/Transition training which must be completed in the MU–2B airplane, or (I) MU–2B Final Phase Check Requirements a Level C or D simulator. (A) Completion of the MU–2B Training Pro- (1) Preflight Check. gram in this appendix requires successful (2) Unusual Attitudes. completion of a final phase check taken in (3) Abnormal and Emergency Procedures. the MU–2B airplane or a Level C or D simu- (4) Basic Instrument Flight Maneuvers. lator for Initial/Transition training. The (5) Area Arrival and Departure. final phase check for Requalification or Re- (6) Holding. current Training may be taken in the MU–2B (7) Precision Approach (Two Engine). airplane, a Level C or D simulator, or in a (8) * Non-Precision Approaches (2)—Must Level 5, 6, or 7 FAA-approved MU–2B Flight include a Non-Precision Approach with One Training Device (FTD). The final phase Engine Inoperative. check must be conducted by a qualified (9) Missed Approach from either Precision flight instructor who meets the require- or Non Precision Instrument Approach (Two ments of the MU–2B SFAR. Simultaneous Engine). training and checking is not allowed for Ini- tial/Transition training. (10) Landing from a Straight-In or Circling (B) For pilots operating under 14 CFR part Approach. 135, checking must be done in accordance (11) Circling Approach. with applicable regulations. For the purpose (12) Postflight Procedures. of recurrent testing in 14 CFR 135.293(b), the (F) A form titled ‘‘Training Course Final MU–2B is considered a separate type of air- Phase Check’’ has been included in this ap- craft. pendix for use in creating a training and (C) The final phase check must be con- final check record for the student and the ducted using the standards contained in the training provider.

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(II) MU–2B Required Flight Training Tasks (iv) Airspeed—± 10 knots after established on final (A) General Flight Training Requirements: (v) Glide Slope (GS)/Localizer Deviation— All flight training maneuvers must be con- Within 3⁄4 scale—not below GS sistent with this training program and the applicable MU–2B checklist accepted by the Non-Precision Approach FAA. The maneuver profiles shown in Appen- dix D to this SFAR No. 108 are presented to Straight In show the required training scenarios. Pro- files conducted in flight require planning and (vi) Initial Approach Altitude—± 100 feet care on the part of both the instructor and (vii) Heading—± 10 degrees student in order to provide the highest level (viii) Altitude (MDA)— + 100, ¥0 feet of safety possible. The maneuver profiles (ix) Airspeed— + 10 knots shown in Appendix D to this SFAR No. 108 do (x) Course Deviation Indicator—Within 3⁄4 not account for local geographic and flight scale or ± 10 degrees on RMI conditions. The instructor and student must consider local conditions when performing Circling Approach these maneuvers in flight. (xi) Maximum Bank—30 degrees (B) Special Emphasis Items: Certain as- (xii) Heading—Within 10 degrees pects of pilot knowledge, skills and abilities (xiii) Altitude— +100, ¥0 feet must be emphasized and evaluated during (xiv) Airspeed—Within 10 knots but not less the training and checking process of the MU– than V 2B Training Program. ref (1) Accelerated stall awareness and recov- (c) In all cases, a pilot must show complete ery procedures with emphasis on configura- mastery of the aircraft with the outcome of tion management. Awareness of the margin each maneuver or procedure never seriously to stall in all flight operations and configu- in doubt. rations must be emphasized throughout (D) Maneuvers and Procedures. All flight training. training maneuvers and procedures must be conducted as they are applicable to the MU– (2) Vmc awareness and early recognition must be trained and checked. Minimum air- 2B and each type of operations involved. speeds for one engine inoperative must be Preflight emphasized in all configurations. (3) Airspeed management and recognition (1) Preflight Inspection—The pilot must— of airspeed deterioration below rec- (a) Conduct an actual visual inspection of ommended speeds and recovery methods in the exterior and interior of the airplane, lo- this training program must be emphasized cating each item and explaining briefly the throughout training and checking. purpose of inspecting it; and (4) Knowledge of icing conditions and en- (b) Demonstrate the use of the appropriate counters must be emphasized throughout checklist, appropriate control system training and checking including: Equipment checks, starting procedures, radio and elec- requirements, certification standards, min- tronic equipment checks, and the selection imum airspeeds, and the use of the autopilot of proper navigation and communications and other applicable AFM procedures. radio facilities and frequencies prior to (5) Airplane performance characteristics flight. with all engines operating and with one en- (2) Taxiing—this maneuver includes tax- gine inoperative must be emphasized. iing in compliance with instructions issued (C) MU–2B Flight Training Program Pro- by the appropriate ATC facility or by the ficiency Standards. person conducting the check. (1) Each pilot, regardless of the level of (3) Pre-Takeoff Checks—The pilot must pilot certificate held, must be trained to and satisfactorily complete all pre-takeoff air- maintain the proficiency standards described craft systems and powerplant checks before below. takeoff. (a) General VFR/IFR. (i) Bank Angle—± 5 degrees of prescribed Takeoff and Departure bank angle (1) Normal—One normal takeoff, which for (ii) Heading—± 10 degrees the purpose of this maneuver, begins when (iii) Altitude—± 100 feet the airplane is taxied into position on the (iv) Airspeed—± 10 knots runway to be used. (b) Instrument Approach—Final Approach (2) Instrument Takeoff—Takeoff with sim- Segment. ulated instrument conditions at or before reaching an altitude of 200 feet above the air- Precision Approach port elevation and visibility of 1800 RVR. (i) Heading—± 10 degrees (3) Crosswind—One crosswind takeoff, if (ii) Altitude—± 100 feet practical, under the existing meteorological, (iii) Airspeed—± 10 knots prior to final airport and traffic conditions.

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(4) Powerplant Failure—One takeoff with a Flight Emergency Procedures simulated failure of the most critical power- (1) Powerplant failure. plant at a point after Vlof. In the MU–2B air- (2) Powerplant, cabin, flight deck, wing plane, all simulated powerplant failures and electrical fires. must only be initiated when the person con- (3) Smoke control. ducting the training or checking determines (4) Fuel jettisoning, as applicable. that it is safe under the prevailing condi- (5) Any other emergency procedures out- tions. The instructor must assure that the lined in the appropriate AFM or FAA-accept- power lever does not move beyond the flight ed checklist. idle gate. (5) Rejected Takeoff—A rejected takeoff Instrument Procedures performed in an airplane during a normal (1) Area departure. takeoff run after reaching a reasonable speed (2) Use of navigation systems including ad- determined by giving due consideration to herence to assigned course and/or radial. aircraft characteristics, runway length, sur- (3) Holding procedures. face conditions, wind direction and velocity, (4) Aircraft approach category airspeeds. brake heat energy, and any other pertinent (5) Approach procedures: Each instrument factors that may adversely affect safety or approach must be performed according to all the airplane. procedures and limitations approved for that (6) Area departure—Demonstrate adequate facility. An instrument approach procedure knowledge of departure procedures, estab- begins when the airplane is over the initial lishing appropriate ATC communications approach fix for the approach procedure and following clearances. being used and ends when the airplane touch- Flight Maneuvers and Procedures es down on the runway or when transition to missed approach configuration is completed. (1) Steep bank turns—Each steep turn (a) ILS, ILS/DME, approach. must involve a bank angle of 50 degrees with (i) A manually controlled ILS with a pow- a heading change of at least 180 degrees but erplant inoperative; occurring before initi- no more than 360 degrees. ating the final approach course and con- (2) Approaches to stalls—Must be per- tinuing to full stop or through the missed formed in each of the following configura- approach procedure. tions; takeoff, clean, and landing. One ap- (ii) A manually controlled ILS utilizing proach to a stall must be performed in either raw data to 200 feet or decision height (DH). the takeoff, clean, or landing configuration (iii) An ILS with the autopilot coupled. while in a turn with a bank angle between 15 (b) Non-precision approaches. degrees and 30 degrees. (i) NDB, NDB/DME approach, straight in or (3) Accelerated stalls—must be done in the circle. flaps 20 and flaps 0 configurations. (ii) VOR, VOR/DME, straight in or circle. (4) Recovery procedures must be initiated (iii) LOC, LOC/DME, LOC backcourse. at the first indication of a stall. (iv) GPS approach (If the aircraft/FTD/ flight simulator has a GPS installed, the ap- Normal and Abnormal Procedures and plicant must demonstrate GPS approach pro- Operations ficiency.) (v) ASR approach. (1) Runway trim. (c) Missed approach procedure: One missed (2) Normal and abnormal operations of the approach procedure must be a complete ap- following systems: proved missed approach procedure as pub- (a) Pressurization. lished or as assigned by ATC. (b) Pneumatic. (i) From a precision approach. (c) Air conditioning. (ii) From a non-precision approach. (d) Fuel. (iii) With a simulated powerplant failure. (e) Electrical. (d) Circling approach. (f) Flight control. (i) The circling approach must be made to (g) Anti-icing and de-icing. the authorized MDA and followed by a (h) Autopilot. change in heading and the necessary maneu- (i) Stall warning devices, as applicable. vering (by visual reference) to maintain a (j) Airborne radar and weather detection flight path that permits a normal landing on devices. the runway. (k) Other systems, devices or aids avail- (ii) The circling approach must be per- able. formed without excessive maneuvering and (l) Electrical, flight control and flight in- without exceeding the normal operating lim- strument system malfunction or failure. its of the airplane and the angle of bank (m) Landing gear and flap system malfunc- must not exceed 30°. tion or failure. Landings and Approaches to Landings (n) Failure of navigation or communica- tions equipment. (1) Airport orientation.

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(2) Normal landings with stabilized ap- (8) From a circling approach or VFR traffic proach. pattern. (3) Crosswind landings. (9) Go Around/Rejected landings—a normal (4) From a precision instrument approach. missed approach procedure or a visual go- (5) From a precision instrument approach around after the landing is rejected. The with a powerplant inoperative. landing should be rejected at approximately 50 feet and approximately over the runway (6) From a non-precision instrument ap- threshold. proach. (10) Zero flap landing. (7) From a non-precision instrument ap- (a) Runway requirements. proach with a powerplant inoperative. (b) Airspeeds.

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APPENDIX D TO SFAR 108—MU–2B MANEUVER and techniques contained within this MU–2B PROFILES Flight Training Program. (B) Though constructed for use in the air- (A) The Maneuver Profiles are provided to plane they may also be used in the Flight develop pilot proficiency with the procedures Training Device (FTD). When an FTD is

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used, a maneuver may be performed at lower model groups. The three sections of this pro- altitudes or carried to its completion. When gram are: training is conducted in the MU–2B airplane, (1) Marquise (¥60), Solitaire (–40), N (–36A), all maneuvers must be performed in a man- P (–26A)—Figures A–1 through A–28 ner sufficient to evaluate the performance of (2) J (–35), K (–25), L (–;36), M (–26)—Figures the student while never jeopardizing the B–1 through B–28 safety of the flight. (3) B, D (–10), F (–20), G (–30)—Figures C–1 (C) The maneuvers profiles are broken down into three sections by similar aircraft through C–28

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600

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601

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602

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603

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604

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605

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606

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607

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608

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609

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610

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611

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612

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613

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614

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615

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616

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617

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618

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619

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620

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621

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622

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623

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624

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625

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626

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627

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628

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629

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630

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631

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632

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633

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634

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635

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636

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637

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638

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639

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640

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641

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642

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643

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644

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645

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646

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647

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648

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649

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650

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651

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652

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653

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654

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655

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656

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657

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658

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659

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660

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661

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662

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663

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664

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665

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666

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667

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668

VerDate Mar<15>2010 11:09 Mar 07, 2011 Jkt 223044 PO 00000 Frm 00678 Fmt 8010 Sfmt 8006 Y:\SGML\223044.XXX 223044 wwoods2 on DSK1DXX6B1PROD with CFR ER06FE08.069 Federal Aviation Administration, DOT Pt. 91, SFAR No. 108

669

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670

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671

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672

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673

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674

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675

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676

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677

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678

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679

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680

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681

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682

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683

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684

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(D) Each MU–2B profile in its respective (4) Takeoff Engine Failure after Liftoff— section follows the outline below. Unable to Climb (Classroom or FTD only). (1) Normal Takeoff (5- and 20-degrees (5) Steep Turns. flaps). (6) Slow Flight Maneuvers. (2) Takeoff Engine Failure (5- and 20-de- (7) One Engine Inoperative Maneuvering/ grees flaps). Loss of Directional Control. (3) Takeoff Engine Failure on Runway or (8) Approach to Stall (clean configuration/ Rejected Takeoff. wings level).

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(9) Approach to Stall (takeoff configura- In Flight Maneuvering tion/15- to 30-degrees bank). (A) Maneuvers conducted at altitude such (10) Approach to Stall (landing configura- as stalls and steep turns must always be pre- tion/gear down/40-degrees flaps). ceded by clearing turns and at least one crew (11) Accelerated Stall (no flaps). member must continually clear the flying (12) Emergency Descent (low speed). area during the maneuver. The instructor (13) Emergency Descent (high speed). must emphasize the importance of clearing (14) Unusual Altitude Recovery (nose high). the area, even if the maneuvers are being (15) Unusual Altitude Recovery (nose low). done in an FTD or simulator. This will cre- (16) Normal Landing (20- and 40-degrees ate the habit pattern in the pilot to clear the flaps). area before practicing maneuvers. (17) Go Around/Rejected Landing. (B) During stalling maneuvers and upon (18) No Flap or 5-degrees flaps Landing. recognition of the indication of a stall, the (19) One Engine Inoperative Landing (5- pilot must call the ‘‘stall’’ to the instructor and 20-degrees flaps). and then proceed with the recovery. In addi- (20) Crosswind Landing. tion, during training, the pilot must an- (21) ILS and Missed Approach. nounce the completion of the stall recovery (22) Two Engine Missed Approach. maneuver. Instructors must exercise caution (23) One Engine Inoperative ILS and Missed when conducting stall maneuvers and be pre- Approach. pared to take the controls if the safe out- (24) One Engine Inoperative Missed Ap- come of the maneuver is in doubt. proach. (C) During accelerated stall maneuvers, it (25) Non-Precision and Missed Approach. is important that the instructor pay close (26) One Engine Inoperative Non-Precision attention to the position of the ball through- and Missed Approach. out the maneuver and recovery so as to (27) Circling Approach at Weather Mini- maintain coordinated flight. Stall recogni- mums. tion and recovery is the completion criteria, (28) One Engine Inoperative Circling Ap- and it is not necessary to continue the stall proach at Weather Minimums. beyond the stick shaker to aerodynamic buf- fet. Engine Performance (D) When demonstrating a loss of direc- (A) The following should be considered in tional control with one engine inoperative, reference to power settings and airspeeds: the engine failure must only be simulated. (1) Power settings shown in italics are pro- During the slowing of the aircraft to dem- vided as guidance only during training and onstrate loss of directional control, the in- are not referenced in the AFM. Power set- structor should use the rudder block method ting guidance is provided to show the ap- to allow the student to experience the loss of proximate power setting that will produce directional control associated with VMC, at the desired airspeed or flight condition. Ac- a speed of approximately 10 knots above ac- tual power settings may be different from tual VMC. those stated and should be noted by the in- NOTE: To accurately simulate single engine structor and student for reference during operations, zero thrust must be established. other maneuvers. Power settings in the pro- The zero thrust torque setting will vary files are stated in torque or PSI and will greatly from model to model. It is important vary with aircraft model, engine model, to establish to zero thrust torque setting for weight, and density altitude. Power settings your aircraft. This requires that the aircraft are based on standard atmospheric condi- be flown on one engine to establish the zero tions. thrust setting. This is accomplished by es- (2) Some pilots prefer to set power initially tablishing single engine flight with one pro- using fuel flow, because the fuel flow system peller feathered and noting the performance is not field adjustable. Fuel flow settings with the operating engine at maximum refer to engine operations only. If fuel flow is torque or temperature. It is suggested that used to set power for takeoff, check torque two airspeeds be established for zero thrust and temperature after setting fuel flow and power settings. They are 120 kts, flaps 20, adjust torque or temperature, whichever is gear up for takeoff and 140 knots, flaps 5, limiting, for maximum takeoff power prior gear up for in-flight and approach maneu- to liftoff. vering. Once performance has been estab- (3) Improperly adjusted torque or improp- lished and recorded for each airspeed, restart erly calibrated temperatures are a safety of the other engine and find the torque setting flight issue and must be checked and cor- that duplicates the performance (climb or rected prior to conducting flight training. descent rate, airspeed) as was recorded with (4) The pilot should refer to the perform- that propeller feathered. This torque setting ance section of the airplane flight manual to will be zero thrust for the simulated inoper- determine actual speeds required for his/her ative engine. The student/pilot should note particular model and specific weight for any that the performance experienced with one given operation. engine operating at flight idle, may produce

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greater performance than if the engine were proaches, the instructor must be prepared to stopped and the propeller feathered. add power to the simulated failed engine at Pre-maneuver briefings for any maneuver the first sign of deteriorating airspeed or that requires either an actual engine shut- other situation that indicates the student’s down or a simulated engine failure must be inability to correctly perform the maneuver. undertaken when using an aircraft. In the (F) While maneuvering in the pattern or case of an actual engine shutdown, a min- during instrument approach procedures with imum altitude of 3,000 ft above ground level one engine inoperative, a 30° bank angle (agl) must be used and done in a position must not be exceeded. This will become espe- where a safe landing can be made at an air- cially important when executing non-preci- port in the event of difficulty. sion and circle to land approaches.

Takeoff and Landing Emergency and Abnormal Procedures (A) When using the profiles to establish the (A) During training, either in the FTD or procedure for configuring the aircraft for in the aircraft, the performance of emer- takeoff or landing, it is important to under- gency and abnormal procedures is critical to stand that each task for the procedure, as the completion of the training program. All noted on the procedure diagram, establishes emergency and abnormal procedures should the point at which each task should have be simulated when training in the MU–2B been completed and not the exact point at airplane. which the task should be accomplished un- (B) When presenting emergency scenarios less otherwise stated in the task box. Num- to the student, the instructor must not in- bers which represent performance such as de- troduce multiple emergencies concurrently. scent rates or other maneuvering informa- tion that is not contained in the aircraft Scenario Based Training (SBT) flight manual are shown in italics. (B) In all takeoff profiles the prompt for SBT flight training creates an environ- the gear to be retracted is ‘‘No Runway Re- ment of realism. The SBT programs utilize a maining, Gear Up’’. This should set the deci- highly structured flight operation scenario sion point for making a landback after an to simulate the overall flight environment. engine failure and should normally be The pilot is required to plan a routine, point- reached at altitudes of less than 100 ft AGL. to-point flight and initiate the flight. During It is impractical to attempt a landback from the conduct of the flight, ‘‘reality-based’’ ab- above 100 ft AGL, because it can require dis- normal or emergency events are introduced tances up to 10,000 ft from the beginning of without warning. Because the pilot is con- the takeoff run to bring the aircraft to a stantly operating in the world of unknowns, stop. But, even on very long runways, this type of training also builds in the ‘‘star- landback will not be necessary above 100 ft tle factor’’, and just as in the real-world, the AGL and above Vyse for the flap configura- consequences of the pilot’s actions (deci- tions, if the single engine climb capability sions, judgment, airmanship, tactile skills, found in the POM charts, with the gear up, is etc.) will continue to escalate and affect the positive (250 fpm or better) and obstacles outcome of the planned flight. Although fly- clearance is not an issue. ing skills are an integral part of this type of (C) The manufacturers FAA-accepted training, SBT enables the pilot to gain expe- checklists and checklist in Appendix C to rience in dealing with unexpected events and this SFAR No. 108 describe a procedure for more importantly further enhances the de- the discontinuance of flight following an en- velopment of good judgment and decision- gine failure after takeoff and the realization making. that the aircraft cannot climb. The cor- [Doc. No. FAA–2006–24981, 73 FR 7051, Feb. 6, responding flight profile in this training pro- 2008] gram is ‘‘Takeoff Engine Failure, Unable to Climb’’. This maneuver must not be at- tempted in the aircraft, but must be the sub- Subpart A—General ject of a classroom discussion or be dem- onstrated in the FTD. (D) The focus of all landing procedures, SOURCE: Docket No. 18334, 54 FR 34292, Aug. whether two engine or engine out, is on a 18, 1989, unless otherwise noted. stabilized approach from an altitude of 500 feet. This will not be possible for all ap- § 91.1 Applicability. proach procedure maneuvering, especially (a) Except as provided in paragraphs during non-precision or circle to land ap- (b) and (c) of this section and §§ 91.701 proaches. Approach procedures for these two and 91.703, this part prescribes rules approaches should be stabilized from the point at which the pilot leaves the Minimum governing the operation of aircraft Descent Altitude for the landing. (other than moored balloons, kites, un- (E) When performing one engine inoper- manned rockets, and unmanned free ative approaches, landings or missed ap- balloons, which are governed by part

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101 of this chapter, and ultralight vehi- § 91.7 Civil aircraft airworthiness. cles operated in accordance with part (a) No person may operate a civil air- 103 of this chapter) within the United States, including the waters within 3 craft unless it is in an airworthy condi- nautical miles of the U.S. coast. tion. (b) Each person operating an aircraft (b) The pilot in command of a civil in the airspace overlying the waters be- aircraft is responsible for determining tween 3 and 12 nautical miles from the whether that aircraft is in condition coast of the United States must com- for safe flight. The pilot in command ply with §§ 91.1 through 91.21; §§ 91.101 shall discontinue the flight when un- through 91.143; §§ 91.151 through 91.159; airworthy mechanical, electrical, or §§ 91.167 through 91.193; § 91.203; § 91.205; structural conditions occur. §§ 91.209 through 91.217; § 91.221, § 91.225; §§ 91.303 through 91.319; §§ 91.323 through § 91.9 Civil aircraft flight manual, 91.327; § 91.605; § 91.609; §§ 91.703 through marking, and placard requirements. 91.715; and § 91.903. (a) Except as provided in paragraph (c) This part applies to each person (d) of this section, no person may oper- on board an aircraft being operated ate a civil aircraft without complying under this part, unless otherwise speci- with the operating limitations speci- fied. fied in the approved Airplane or Rotor- (d) This part also establishes require- craft Flight Manual, markings, and ments for operators to take actions to placards, or as otherwise prescribed by support the continued airworthiness of the certificating authority of the coun- each airplane. try of registry. [Doc. No. 18334, 54 FR 34292, Aug. 18, 1989, as (b) No person may operate a U.S.-reg- amended by Amdt. 91–257, 64 FR 1079, Jan. 7, istered civil aircraft— 1999; Amdt. 91–282, 69 FR 44880, July 27, 2004; (1) For which an Airplane or Rotor- Amdt. 91–297, 72 FR 63410, Nov. 8, 2007; Admt. craft Flight Manual is required by § 21.5 91–314, 75 FR 30193, May 28, 2010] of this chapter unless there is available § 91.3 Responsibility and authority of in the aircraft a current, approved Air- the pilot in command. plane or Rotorcraft Flight Manual or the manual provided for in § 121.141(b); (a) The pilot in command of an air- craft is directly responsible for, and is and the final authority as to, the operation (2) For which an Airplane or Rotor- of that aircraft. craft Flight Manual is not required by (b) In an in-flight emergency requir- § 21.5 of this chapter, unless there is ing immediate action, the pilot in com- available in the aircraft a current ap- mand may deviate from any rule of proved Airplane or Rotorcraft Flight this part to the extent required to Manual, approved manual material, meet that emergency. markings, and placards, or any com- (c) Each pilot in command who devi- bination thereof. ates from a rule under paragraph (b) of (c) No person may operate a U.S.-reg- this section shall, upon the request of istered civil aircraft unless that air- the Administrator, send a written re- craft is identified in accordance with port of that deviation to the Adminis- part 45 of this chapter. trator. (d) Any person taking off or landing a helicopter certificated under part 29 (Approved by the Office of Management and Budget under control number 2120–0005) of this chapter at a heliport con- structed over water may make such § 91.5 Pilot in command of aircraft re- momentary flight as is necessary for quiring more than one required takeoff or landing through the prohib- pilot. ited range of the limiting height-speed No person may operate an aircraft envelope established for the helicopter that is type certificated for more than if that flight through the prohibited one required pilot flight crewmember range takes place over water on which unless the pilot in command meets the a safe ditching can be accomplished requirements of § 61.58 of this chapter. and if the helicopter is amphibious or

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is equipped with floats or other emer- (b) Except in an emergency, no pilot gency flotation gear adequate to ac- of a civil aircraft may allow a person complish a safe emergency ditching on who appears to be intoxicated or who open water. demonstrates by manner or physical indications that the individual is under § 91.11 Prohibition on interference the influence of drugs (except a med- with crewmembers. ical patient under proper care) to be No person may assault, threaten, in- carried in that aircraft. timidate, or interfere with a crew- (c) A crewmember shall do the fol- member in the performance of the lowing: crewmember’s duties aboard an air- (1) On request of a law enforcement craft being operated. officer, submit to a test to indicate the § 91.13 Careless or reckless operation. alcohol concentration in the blood or (a) Aircraft operations for the purpose breath, when— of air navigation. No person may oper- (i) The law enforcement officer is au- ate an aircraft in a careless or reckless thorized under State or local law to manner so as to endanger the life or conduct the test or to have the test property of another. conducted; and (b) Aircraft operations other than for (ii) The law enforcement officer is re- the purpose of air navigation. No person questing submission to the test to in- may operate an aircraft, other than for vestigate a suspected violation of State the purpose of air navigation, on any or local law governing the same or sub- part of the surface of an airport used stantially similar conduct prohibited by aircraft for air commerce (including by paragraph (a)(1), (a)(2), or (a)(4) of areas used by those aircraft for receiv- this section. ing or discharging persons or cargo), in (2) Whenever the FAA has a reason- a careless or reckless manner so as to able basis to believe that a person may endanger the life or property of an- have violated paragraph (a)(1), (a)(2), or other. (a)(4) of this section, on request of the FAA, that person must furnish to the § 91.15 Dropping objects. FAA the results, or authorize any clin- No pilot in command of a civil air- ic, hospital, or doctor, or other person craft may allow any object to be to release to the FAA, the results of dropped from that aircraft in flight each test taken within 4 hours after that creates a hazard to persons or acting or attempting to act as a crew- property. However, this section does member that indicates an alcohol con- not prohibit the dropping of any object centration in the blood or breath speci- if reasonable precautions are taken to men. avoid injury or damage to persons or (d) Whenever the Administrator has a property. reasonable basis to believe that a per- § 91.17 Alcohol or drugs. son may have violated paragraph (a)(3) of this section, that person shall, upon (a) No person may act or attempt to request by the Administrator, furnish act as a crewmember of a civil air- craft— the Administrator, or authorize any (1) Within 8 hours after the consump- clinic, hospital, doctor, or other person tion of any alcoholic beverage; to release to the Administrator, the re- (2) While under the influence of alco- sults of each test taken within 4 hours hol; after acting or attempting to act as a (3) While using any drug that affects crewmember that indicates the pres- the person’s faculties in any way con- ence of any drugs in the body. trary to safety; or (e) Any test information obtained by (4) While having an alcohol con- the Administrator under paragraph (c) centration of 0.04 or greater in a blood or (d) of this section may be evaluated or breath specimen. Alcohol concentra- in determining a person’s qualifica- tion means grams of alcohol per deci- tions for any airman certificate or pos- liter of blood or grams of alcohol per sible violations of this chapter and 210 liters of breath. may be used as evidence in any legal

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proceeding under section 602, 609, or 901 pilot in command or other operator of of the Federal Aviation Act of 1958. the aircraft.

[Doc. No. 18334, 54 FR 34292, Aug. 18, 1989, as § 91.23 Truth-in-leasing clause require- amended by Amdt. 91–291, June 21, 2006] ment in leases and conditional sales contracts. § 91.19 Carriage of narcotic drugs, marihuana, and depressant or stim- (a) Except as provided in paragraph ulant drugs or substances. (b) of this section, the parties to a (a) Except as provided in paragraph lease or contract of conditional sale in- (b) of this section, no person may oper- volving a U.S.-registered large civil ate a civil aircraft within the United aircraft and entered into after January States with knowledge that narcotic 2, 1973, shall execute a written lease or drugs, marihuana, and depressant or contract and include therein a written stimulant drugs or substances as de- truth-in-leasing clause as a concluding fined in Federal or State statutes are paragraph in large print, immediately carried in the aircraft. preceding the space for the signature of (b) Paragraph (a) of this section does the parties, which contains the fol- not apply to any carriage of narcotic lowing with respect to each such air- drugs, marihuana, and depressant or craft: stimulant drugs or substances author- (1) Identification of the Federal Avia- ized by or under any Federal or State tion Regulations under which the air- statute or by any Federal or State craft has been maintained and in- agency. spected during the 12 months preceding the execution of the lease or contract § 91.21 Portable electronic devices. of conditional sale, and certification by (a) Except as provided in paragraph the parties thereto regarding the air- (b) of this section, no person may oper- craft’s status of compliance with appli- ate, nor may any operator or pilot in cable maintenance and inspection re- command of an aircraft allow the oper- quirements in this part for the oper- ation of, any portable electronic device ation to be conducted under the lease on any of the following U.S.-registered or contract of conditional sale. civil aircraft: (2) The name and address (printed or (1) Aircraft operated by a holder of typed) and the signature of the person an air carrier operating certificate or responsible for operational control of an operating certificate; or the aircraft under the lease or contract (2) Any other aircraft while it is op- of conditional sale, and certification erated under IFR. that each person understands that per- (b) Paragraph (a) of this section does son’s responsibilities for compliance not apply to— with applicable Federal Aviation Regu- (1) Portable voice recorders; lations. (2) Hearing aids; (3) A statement that an explanation (3) Heart pacemakers; of factors bearing on operational con- (4) Electric shavers; or trol and pertinent Federal Aviation (5) Any other portable electronic de- Regulations can be obtained from the vice that the operator of the aircraft nearest FAA Flight Standards district has determined will not cause inter- office. ference with the navigation or commu- (b) The requirements of paragraph (a) nication system of the aircraft on of this section do not apply— which it is to be used. (1) To a lease or contract of condi- (c) In the case of an aircraft operated tional sale when— by a holder of an air carrier operating (i) The party to whom the aircraft is certificate or an operating certificate, furnished is a foreign air carrier or cer- the determination required by para- tificate holder under part 121, 125, 135, graph (b)(5) of this section shall be or 141 of this chapter, or made by that operator of the aircraft (ii) The party furnishing the aircraft on which the particular device is to be is a foreign air carrier or a person oper- used. In the case of other aircraft, the ating under part 121, 125, and 141 of this determination may be made by the chapter, or a person operating under

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part 135 of this chapter having author- (e) For the purpose of this section, a ity to engage in on-demand operations lease means any agreement by a person with large aircraft. to furnish an aircraft to another person (2) To a contract of conditional sale, for compensation or hire, whether with when the aircraft involved has not been or without flight crewmembers, other registered anywhere prior to the execu- than an agreement for the sale of an tion of the contract, except as a new aircraft and a contract of conditional aircraft under a dealer’s aircraft reg- sale under section 101 of the Federal istration certificate issued in accord- Aviation Act of 1958. The person fur- ance with § 47.61 of this chapter. nishing the aircraft is referred to as (c) No person may operate a large the lessor, and the person to whom it is civil aircraft of U.S. registry that is furnished the lessee. subject to a lease or contract of condi- (Approved by the Office of Management and tional sale to which paragraph (a) of Budget under control number 2120–0005) this section applies, unless— (1) The lessee or conditional buyer, or [Doc. No. 18334, 54 FR 34292, Aug. 18, 1989, as the registered owner if the lessee is not amended by Amdt. 91–212, 54 FR 39293, Sept. a citizen of the United States, has 25, 1989; Amdt. 91–253, 62 FR 13253, Mar. 19, 1997; Amdt. 91–267, 66 FR 21066, Apr. 27, 2001] mailed a copy of the lease or contract that complies with the requirements of § 91.25 Aviation Safety Reporting Pro- paragraph (a) of this section, within 24 gram: Prohibition against use of re- hours of its execution, to the Aircraft ports for enforcement purposes. Registration Branch, Attn: Technical The Administrator of the FAA will Section, P.O. Box 25724, Oklahoma not use reports submitted to the Na- City, OK 73125; tional Aeronautics and Space Adminis- (2) A copy of the lease or contract tration under the Aviation Safety Re- that complies with the requirements of porting Program (or information de- paragraph (a) of this section is carried rived therefrom) in any enforcement in the aircraft. The copy of the lease or action except information concerning contract shall be made available for re- accidents or criminal offenses which view upon request by the Adminis- are wholly excluded from the Program. trator, and (3) The lessee or conditional buyer, or §§ 91.27–91.99 [Reserved] the registered owner if the lessee is not a citizen of the United States, has noti- fied by telephone or in person the FAA Subpart B—Flight Rules Flight Standards district office nearest the airport where the flight will origi- SOURCE: Docket No. 18334, 54 FR 34294, Aug. nate. Unless otherwise authorized by 18, 1989, unless otherwise noted. that office, the notification shall be GENERAL given at least 48 hours before takeoff in the case of the first flight of that air- § 91.101 Applicability. craft under that lease or contract and inform the FAA of— This subpart prescribes flight rules (i) The location of the airport of de- governing the operation of aircraft parture; within the United States and within 12 (ii) The departure time; and nautical miles from the coast of the (iii) The registration number of the United States. aircraft involved. (d) The copy of the lease or contract § 91.103 Preflight action. furnished to the FAA under paragraph Each pilot in command shall, before (c) of this section is commercial or fi- beginning a flight, become familiar nancial information obtained from a with all available information con- person. It is, therefore, privileged and cerning that flight. This information confidential and will not be made must include— available by the FAA for public inspec- (a) For a flight under IFR or a flight tion or copying under 5 U.S.C. 552(b)(4) not in the vicinity of an airport, unless recorded with the FAA under weather reports and forecasts, fuel re- part 49 of this chapter. quirements, alternatives available if

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the planned flight cannot be com- dola, or an airship type certificated be- pleted, and any known traffic delays of fore November 2, 1987) unless the pilot which the pilot in command has been in command of that aircraft ensures advised by ATC; that each person on board is briefed on (b) For any flight, runway lengths at how to fasten and unfasten that per- airports of intended use, and the fol- son’s safety belt and, if installed, lowing takeoff and landing distance in- shoulder harness. formation: (2) No pilot may cause to be moved (1) For civil aircraft for which an ap- on the surface, take off, or land a U.S.- proved Airplane or Rotorcraft Flight registered civil aircraft (except a free Manual containing takeoff and landing balloon that incorporates a basket or distance data is required, the takeoff gondola, or an airship type certificated and landing distance data contained 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- dola or an airship type certificated be- tions. 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 while at the crewmember station. from the dock and the person mooring (b) Each required flight crewmember the seaplane or rotorcraft at the dock of a U.S.-registered civil aircraft shall, are excepted from the preceding seat- during takeoff and landing, keep his or ing and safety belt requirements. Not- her shoulder harness fastened while at withstanding the preceding require- 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 occu- (1) The seat at the crewmember’s sta- pying an approved seat or berth, pro- tion is not equipped with a shoulder vided that the person being held has harness; or not reached his or her second birthday (2) The crewmember would be unable and does not occupy or use any re- to perform required duties with the straining device; shoulder harness fastened. (ii) Use the floor of the aircraft as a [Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as seat, provided that the person is on amended by Amdt. 91–231, 57 FR 42671, Sept. board for the purpose of engaging in 15, 1992] sport parachuting; or (iii) Notwithstanding any other re- § 91.107 Use of safety belts, shoulder harnesses, and child restraint sys- quirement of this chapter, occupy an tems. approved child restraint system fur- nished by the operator or one of the (a) Unless otherwise authorized by persons described in paragraph the Administrator— (1) No pilot may take off a U.S.-reg- (a)(3)(iii)(A) of this section provided istered civil aircraft (except a free bal- that: loon that incorporates a basket or gon-

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(A) The child is accompanied by a (1) The restraint system must be parent, guardian, or attendant des- properly secured to an approved for- ignated by the child’s parent or guard- ward-facing seat or berth; ian to attend to the safety of the child (2) The child must be properly se- during the flight; cured in the restraint system and must (B) Except as provided in paragraph not exceed the specified weight limit (a)(3)(iii)(B)(4) of this action, the ap- for the restraint system; and proved child restraint system bears one (3) The restraint system must bear or more labels as follows: the appropriate label(s). (1) Seats manufactured to U.S. stand- (b) Unless otherwise stated, this sec- ards between January 1, 1981, and Feb- tion does not apply to operations con- ruary 25, 1985, must bear the label: ducted under part 121, 125, or 135 of this ‘‘This child restraint system conforms chapter. Paragraph (a)(3) of this sec- to all applicable Federal motor vehicle tion does not apply to persons subject safety standards ; ’’ to § 91.105. (2) Seats manufactured to U.S. stand- ards on or after February 26, 1985, must [Doc. No. 26142, 57 FR 42671, Sept. 15, 1992, as bear two labels: amended by Amdt. 91–250, 61 FR 28421, June (i) ‘‘This child restraint system con- 4, 1996; Amdt. 91–289, 70 FR 50906, Aug. 26, forms to all applicable Federal motor 2005; Amdt. 91–292, 71 FR 40009, July 14, 2006] vehicle safety standards’’; and EFFECTIVE DATE NOTE: At 75 FR 48857, Aug. (ii) ‘‘THIS RESTRAINT IS CER- 12, 2010, § 91.107 was amended by revising TIFIED FOR USE IN MOTOR VEHI- paragraph (a)(3)(iii)(B)(3)(iv), effective Apr. CLES AND AIRCRAFT’’ in red let- 16, 2011. For the convenience of the user, the tering; revised text is set forth as follows: (3) Seats that do not qualify under § 91.107 Use of safety belts, shoulder har- paragraphs (a)(3)(iii)(B)(1) and nesses, and child restraint systems. (a)(3)(iii)(B)(2) of this section must (a) * * * bear a label or markings showing: (3) * * * (i) That the seat was approved by a (iii) * * * foreign government; (B) * * * (ii) That the seat was manufactured (3) * * * under the standards of the United Na- (iv) That the seat or child restraint device tions; or furnished by the operator, or one of the per- (iii) That the seat or child restraint sons described in paragraph (a)(3)(iii)(A) of device furnished by the operator was this section, was approved by the FAA in ac- cordance with § 21.8 or Technical Standard approved by the FAA through Type Order C–100b, or a later version. Certificate or Supplemental Type Cer- tificate. (iv) That the seat or child restraint * * * * * device furnished by the operator, or one of the persons described in para- § 91.109 Flight instruction; Simulated instrument flight and certain flight graph (a) (3) (iii) (A) of this section, tests. was approved by the FAA in accord- ance with § 21.305(d) or Technical (a) No person may operate a civil air- Standard Order C–100b, or a later craft (except a manned free balloon) version. that is being used for flight instruction (4) Except as provided in unless that aircraft has fully func- § 91.107(a)(3)(iii)(B)(3)(iii) and tioning dual controls. However, instru- § 91.107(a)(3)(iii)(B)(3)(iv), booster-type ment flight instruction may be given child restraint systems (as defined in in a single-engine airplane equipped Federal Motor Vehicle Safety Standard with a single, functioning throwover No. 213 (49 CFR 571.213)), vest- and har- control wheel in place of fixed, dual ness-type child restraint systems, and controls of the elevator and ailerons lap held child restraints are not ap- when— proved for use in aircraft; and (1) The instructor has determined (C) The operator complies with the that the flight can be conducted safely; following requirements: and

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

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

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§ 91.121 Altimeter settings. § 91.123 Compliance with ATC clear- ances and instructions. (a) Each person operating an aircraft shall maintain the cruising altitude or (a) When an ATC clearance has been flight level of that aircraft, as the case obtained, no pilot in command may de- may be, by reference to an altimeter viate from that clearance unless an that is set, when operating— amended clearance is obtained, an emergency exists, or the deviation is in (1) Below 18,000 feet MSL, to— response to a traffic alert and collision (i) The current reported altimeter avoidance system resolution advisory. setting of a station along the route and However, except in Class A airspace, a within 100 nautical miles of the air- pilot may cancel an IFR flight plan if craft; the operation is being conducted in (ii) If there is no station within the VFR weather conditions. When a pilot area prescribed in paragraph (a)(1)(i) of is uncertain of an ATC clearance, that this section, the current reported al- pilot shall immediately request clari- timeter setting of an appropriate avail- fication from ATC. able station; or (b) Except in an emergency, no per- (iii) In the case of an aircraft not son may operate an aircraft contrary equipped with a radio, the elevation of to an ATC instruction in an area in the departure airport or an appropriate which air traffic control is exercised. altimeter setting available before de- (c) Each pilot in command who, in an parture; or emergency, or in response to a traffic (2) At or above 18,000 feet MSL, to alert and collision avoidance system resolution advisory, deviates from an 29.92″ Hg. ATC clearance or instruction shall no- (b) The lowest usable flight level is tify ATC of that deviation as soon as determined by the atmospheric pres- possible. sure in the area of operation as shown (d) Each pilot in command who in the following table: (though not deviating from a rule of this subpart) is given priority by ATC Lowest in an emergency, shall submit a de- Current altimeter setting usable flight tailed report of that emergency within level 48 hours to the manager of that ATC 29.92 (or higher) ...... 180 facility, if requested by ATC. 29.91 through 29.42 ...... 185 (e) Unless otherwise authorized by 29.41 through 28.92 ...... 190 ATC, no person operating an aircraft 28.91 through 28.42 ...... 195 may operate that aircraft according to 28.41 through 27.92 ...... 200 27.91 through 27.42 ...... 205 any clearance or instruction that has 27.41 through 26.92 ...... 210 been issued to the pilot of another air- craft for radar air traffic control pur- (c) To convert minimum altitude pre- poses. scribed under §§ 91.119 and 91.177 to the (Approved by the Office of Management and minimum flight level, the pilot shall Budget under control number 2120–0005) take the flight level equivalent of the [Doc. No. 18834, 54 FR 34294, Aug. 18, 1989, as minimum altitude in feet and add the amended by Amdt. 91–227, 56 FR 65658, Dec. appropriate number of feet specified 17, 1991; Amdt. 91–244, 60 FR 50679, Sept. 29, below, according to the current re- 1995] ported altimeter setting: § 91.125 ATC light signals. Adjust- ATC light signals have the meaning Current altimeter setting ment factor shown in the following table:

29.92 (or higher) ...... None Color and type of Meaning with re- Meaning with re- 29.91 through 29.42 ...... 500 signal spect to aircraft on spect to aircraft in the surface flight 29.41 through 28.92 ...... 1,000 28.91 through 28.42 ...... 1,500 Steady green ...... Cleared for takeoff Cleared to land. 28.41 through 27.92 ...... 2,000 Flashing green ...... Cleared to taxi ...... Return for landing 27.91 through 27.42 ...... 2,500 (to be followed 27.41 through 26.92 ...... 3,000 by steady green at proper time).

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if the aircraft radio fails in flight, the Color and type of Meaning with re- Meaning with re- spect to aircraft on spect to aircraft in pilot in command may operate that signal the surface flight aircraft and land if weather conditions Steady red ...... Stop ...... Give way to other are at or above basic VFR weather aircraft and con- minimums, visual contact with the tinue circling. Flashing red ...... Taxi clear of run- Airport unsafe—do tower is maintained, and a clearance to way in use. not land. land is received. If the aircraft radio Flashing white ...... Return to starting Not applicable. fails while in flight under IFR, the point on airport. Alternating red and Exercise extreme Exercise extreme pilot must comply with § 91.185. green. caution. caution. [Doc. No. 24458, 56 FR 65658, Dec. 17, 1991, as amended by Amdt. 91–239, 59 FR 11693, Mar. § 91.126 Operating on or in the vicinity 11, 1994; Amdt. 91–282, 69 FR 44880, July 27, of an airport in Class G airspace. 2004] (a) General. Unless otherwise author- § 91.127 Operating on or in the vicinity ized or required, each person operating of an airport in Class E airspace. an aircraft on or in the vicinity of an (a) Unless otherwise required by part airport in a Class G airspace area must 93 of this chapter or unless otherwise comply with the requirements of this authorized or required by the ATC fa- section. (b) Direction of turns. When approach- cility having jurisdiction over the ing to land at an airport without an op- Class E airspace area, each person op- erating control tower in Class G air- erating an aircraft on or in the vicinity space— of an airport in a Class E airspace area (1) Each pilot of an airplane must must comply with the requirements of make all turns of that airplane to the § 91.126. left unless the airport displays ap- (b) Departures. Each pilot of an air- proved light signals or visual markings craft must comply with any traffic pat- indicating that turns should be made terns established for that airport in to the right, in which case the pilot part 93 of this chapter. must make all turns to the right; and (c) Communications with control tow- (2) Each pilot of a helicopter or a ers. Unless otherwise authorized or re- powered parachute must avoid the flow quired by ATC, no person may operate of fixed-wing aircraft. an aircraft to, from, through, or on an (c) Flap settings. Except when nec- airport having an operational control essary for training or certification, the tower unless two-way radio commu- pilot in command of a civil turbojet- nications are maintained between that powered aircraft must use, as a final aircraft and the control tower. Commu- flap setting, the minimum certificated nications must be established prior to 4 landing flap setting set forth in the ap- nautical miles from the airport, up to proved performance information in the and including 2,500 feet AGL. However, Airplane Flight Manual for the appli- if the aircraft radio fails in flight, the cable conditions. However, each pilot pilot in command may operate that in command has the final authority aircraft and land if weather conditions and responsibility for the safe oper- are at or above basic VFR weather ation of the pilot’s airplane, and may minimums, visual contact with the use a different flap setting for that air- tower is maintained, and a clearance to plane if the pilot determines that it is land is received. If the aircraft radio necessary in the interest of safety. fails while in flight under IFR, the (d) Communications with control tow- pilot must comply with § 91.185. ers. Unless otherwise authorized or re- [Doc. No. 24458, 56 FR 65658, Dec. 17, 1991, as quired by ATC, no person may operate amended by Amdt. 91–239, 59 FR 11693, Mar. an aircraft to, from, through, or on an 11, 1994] airport having an operational control tower unless two-way radio commu- § 91.129 Operations in Class D air- nications are maintained between that space. aircraft and the control tower. Commu- (a) General. Unless otherwise author- nications must be established prior to 4 ized or required by the ATC facility nautical miles from the airport, up to having jurisdiction over the Class D and including 2,500 feet AGL. However, airspace area, each person operating an

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

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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 eign airspace designated in the United runway use program has been estab- States) providing air traffic services lished by the FAA, each pilot of a large prior to entering that airspace and or turbine-powered airplane assigned a thereafter maintain those communica- noise abatement runway by ATC must tions while within that airspace. use that runway. However, consistent (2) Departing flight. Each person— with the final authority of the pilot in (i) From the primary airport or sat- command concerning the safe oper- ellite airport with an operating control ation of the aircraft as prescribed in tower must establish and maintain § 91.3(a), ATC may assign a different two-way radio communications with runway if requested by the pilot in the the control tower, and thereafter as in- interest of safety. structed by ATC while operating in the (i) Takeoff, landing, taxi clearance. No Class C airspace area; or person may, at any airport with an op- (ii) From a satellite airport without erating control tower, operate an air- an operating control tower, must es- craft on a runway or taxiway, or take tablish and maintain two-way radio off or land an aircraft, unless an appro- communications with the ATC facility priate clearance is received from ATC. having jurisdiction over the Class C A clearance to ‘‘taxi to’’ the takeoff airspace area as soon as practicable runway assigned to the aircraft is not a after departing. clearance to cross that assigned take- (d) Equipment requirements. Unless off runway, or to taxi on that runway otherwise authorized by the ATC hav- at any point, but is a clearance to cross ing jurisdiction over the Class C air- other runways that intersect the taxi space area, no person may operate an route to that assigned takeoff runway. aircraft within a Class C airspace area A clearance to taxi to any point other ‘‘ ’’ designated for an airport unless that than an assigned takeoff runway is aircraft is equipped with the applicable clearance to cross all runways that equipment specified in § 91.215, and intersect the taxi route to that point. after January 1, 2020, § 91.225. [Doc. No. 24458, 56 FR 65658, Dec. 17, 1991, as (e) Deviations. An operator may devi- amended by Amdt. 91–234, 58 FR 48793, Sept. ate from any provision of this section 20, 1993; Amdt. 91–296, 72 FR 31678, June 7, under the provisions of an ATC author- 2007] ization issued by the ATC facility hav- § 91.130 Operations in Class C air- ing jurisdiction over the airspace con- space. cerned. ATC may authorize a deviation on a continuing basis or for an indi- (a) General. Unless otherwise author- vidual flight, as appropriate. ized by ATC, each aircraft operation in Class C airspace must be conducted in [Doc. No. 24458, 56 FR 65659, Dec. 17, 1991, as compliance with this section and amended by Amdt. 91–232, 58 FR 40736, July § 91.129. For the purpose of this section, 30, 1993; Amdt. 91–239, 59 FR 11693, Mar. 11, the primary airport is the airport for 1994; Admt. 91–314, 75 FR 30193, May 28, 2010] which the Class C airspace area is des- ignated. A satellite airport is any other § 91.131 Operations in Class B air- space. airport within the Class C airspace area. (a) Operating rules. No person may op- (b) Traffic patterns. No person may erate an aircraft within a Class B air- take off or land an aircraft at a sat- space area except in compliance with ellite airport within a Class C airspace § 91.129 and the following rules: area except in compliance with FAA (1) The operator must receive an ATC arrival and departure traffic patterns. clearance from the ATC facility having (c) Communications. Each person oper- jurisdiction for that area before oper- ating an aircraft in Class C airspace ating an aircraft in that area.

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(2) Unless otherwise authorized by tions with ATC on appropriate fre- ATC, each person operating a large tur- quencies for that Class B airspace area. bine engine-powered airplane to or (d) Other equipment requirements. No from a primary airport for which a person may operate an aircraft in a Class B airspace area is designated Class B airspace area unless the air- must operate at or above the des- craft is equipped with— ignated floors of the Class B airspace (1) The applicable operating trans- area while within the lateral limits of ponder and automatic altitude report- that area. ing equipment specified in § 91.215 (a), (3) Any person conducting pilot except as provided in § 91.215 (e), and training operations at an airport with- (2) After January 1, 2020, the applica- in a Class B airspace area must comply ble Automatic Dependent Surveillance- with any procedures established by Broadcast Out equipment specified in ATC for such operations in that area. § 91.225. (b) Pilot requirements. (1) No person may take off or land a civil aircraft at [Doc. No. 24458, 56 FR 65658, Dec. 17, 1991, as an airport within a Class B airspace amended by Amdt. 91–282, 69 FR 44880, July area or operate a civil aircraft within a 27, 2004; Amdt. 91–296, 72 FR 31678, June 7, 2007; Admt. 91–314, 75 FR 30193, May 28, 2010] Class B airspace area unless— (i) The pilot in command holds at § 91.133 Restricted and prohibited least a private pilot certificate; areas. (ii) The pilot in command holds a recreational pilot certificate and has (a) No person may operate an aircraft met— within a restricted area (designated in (A) The requirements of § 61.101(d) of part 73) contrary to the restrictions this chapter; or imposed, or within a prohibited area, (B) The requirements for a student unless that person has the permission pilot seeking a recreational pilot cer- of the using or controlling agency, as tificate in § 61.94 of this chapter; appropriate. (iii) The pilot in command holds a (b) Each person conducting, within a sport pilot certificate and has met— restricted area, an aircraft operation (A) The requirements of § 61.325 of (approved by the using agency) that this chapter; or creates the same hazards as the oper- (B) The requirements for a student ations for which the restricted area pilot seeking a recreational pilot cer- was designated may deviate from the tificate in § 61.94 of this chapter; or rules of this subpart that are not com- (iv) The aircraft is operated by a stu- patible with the operation of the air- dent pilot who has met the require- craft. ments of § 61.94 or § 61.95 of this chapter, as applicable. § 91.135 Operations in Class A air- space. (2) Notwithstanding the provisions of paragraphs (b)(1)(ii), (b)(1)(iii) and Except as provided in paragraph (d) (b)(1)(iv) of this section, no person may of this section, each person operating take off or land a civil aircraft at those an aircraft in Class A airspace must airports listed in section 4 of appendix conduct that operation under instru- D to this part unless the pilot in com- ment flight rules (IFR) and in compli- mand holds at least a private pilot cer- ance with the following: tificate. (a) Clearance. Operations may be con- (c) Communications and navigation ducted only under an ATC clearance re- equipment requirements. Unless other- ceived prior to entering the airspace. wise authorized by ATC, no person may (b) Communications. Unless otherwise operate an aircraft within a Class B authorized by ATC, each aircraft oper- airspace area unless that aircraft is ating in Class A airspace must be equipped with— equipped with a two-way radio capable (1) For IFR operation. An operable of communicating with ATC on a fre- VOR or TACAN receiver or an operable quency assigned by ATC. Each pilot and suitable RNAV system; and must maintain two-way radio commu- (2) For all operations. An operable nications with ATC while operating in two-way radio capable of communica- Class A airspace.

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(c) Equipment requirements. Unless within the designated area unless that otherwise authorized by ATC, no per- aircraft is participating in the hazard son may operate an aircraft within relief activities and is being operated Class A airspace unless that aircraft is under the direction of the official in equipped with the applicable equip- charge of on scene emergency response ment specified in § 91.215, and after Jan- activities. uary 1, 2020, § 91.225. (c) When a NOTAM has been issued (d) ATC authorizations. An operator under paragraph (a)(2) of this section, may deviate from any provision of this no person may operate an aircraft section under the provisions of an ATC within the designated area unless at authorization issued by the ATC facil- least one of the following conditions ity having jurisdiction of the airspace are met: concerned. In the case of an inoper- (1) The aircraft is participating in ative transponder, ATC may imme- hazard relief activities and is being op- diately approve an operation within a erated under the direction of the offi- Class A airspace area allowing flight to cial in charge of on scene emergency continue, if desired, to the airport of response activities. ultimate destination, including any in- termediate stops, or to proceed to a (2) The aircraft is carrying law en- place where suitable repairs can be forcement officials. made, or both. Requests for deviation (3) The aircraft is operating under from any provision of this section must the ATC approved IFR flight plan. be submitted in writing, at least 4 days (4) The operation is conducted di- before the proposed operation. ATC rectly to or from an airport within the may authorize a deviation on a con- area, or is necessitated by the imprac- tinuing basis or for an individual ticability of VFR flight above or flight. around the area due to weather, or ter- rain; notification is given to the Flight [Doc. No. 24458, 56 FR 65659, Dec. 17, 1991, as Service Station (FSS) or ATC facility amended by Admt. 91–314, 75 FR 30193, May 28, 2010] specified in the NOTAM to receive advisories concerning disaster relief § 91.137 Temporary flight restrictions aircraft operations; and the operation in the vicinity of disaster/hazard does not hamper or endanger relief ac- areas. tivities and is not conducted for the (a) The Administrator will issue a purpose of observing the disaster. Notice to Airmen (NOTAM) desig- (5) The aircraft is carrying properly nating an area within which temporary accredited news representatives, and, flight restrictions apply and specifying prior to entering the area, a flight plan the hazard or condition requiring their is filed with the appropriate FAA or imposition, whenever he determines it ATC facility specified in the Notice to is necessary in order to— Airmen and the operation is conducted (1) Protect persons and property on above the altitude used by the disaster the surface or in the air from a hazard relief aircraft, unless otherwise author- associated with an incident on the sur- ized by the official in charge of on face; scene emergency response activities. (2) Provide a safe environment for (d) When a NOTAM has been issued the operation of disaster relief aircraft; under paragraph (a)(3) of this section, or no person may operate an aircraft (3) Prevent an unsafe congestion of within the designated area unless at sightseeing and other aircraft above an least one of the following conditions is incident or event which may generate a met: high degree of public interest. (1) The operation is conducted di- The Notice to Airmen will specify the rectly to or from an airport within the hazard or condition that requires the area, or is necessitated by the imprac- imposition of temporary flight restric- ticability of VFR flight above or tions. around the area due to weather or ter- (b) When a NOTAM has been issued rain, and the operation is not con- under paragraph (a)(1) of this section, ducted for the purpose of observing the no person may operate an aircraft incident or event.

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

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

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(5) Degree of public interest. vent the unsafe congestion of aircraft (6) Number of spectators. will vary depending on the size of the (7) Provisions for spectator safety. event and the factors listed in para- (8) Number and types of participating graph (b) of this section. The restricted aircraft. airspace will normally be limited to a (9) Use of mixed high and low per- 3 nautical mile radius from the center formance aircraft. of the event and 2500 feet above the (10) Impact on non-participating air- surface but will not be greater than the craft. minimum airspace necessary for the (11) Weather minimums. management of aircraft operations in (12) Emergency procedures that will the vicinity of the specified area. be in effect. (f) A NOTAM issued under this sec- (c) A NOTAM issued under this sec- tion will be issued at least 30 days in tion will state the name of the aerial advance of an aerial demonstration or demonstration or sporting event and a major sporting event, unless the FAA specify the effective dates and times, finds good cause for a shorter period the geographic features or coordinates, and explains this in the NOTAM. and any other restrictions or proce- (g) When warranted, the FAA Admin- dures governing flight operations in istrator may exclude the following the designated airspace. flights from the provisions of this sec- (d) When a NOTAM has been issued in tion: accordance with this section, no person (1) Essential military. may operate an aircraft or device, or (2) Medical and rescue. engage in any activity within the des- (3) Presidential and Vice Presi- ignated airspace area, except in accord- dential. ance with the authorizations, terms, (4) Visiting heads of state. and conditions of the temporary flight (5) Law enforcement and security. restriction published in the NOTAM, (6) Public health and welfare. unless otherwise authorized by: [Doc. No. FAA–2000–8274, 66 FR 47378, Sept. (1) Air traffic control; or 11, 2001] (2) A Flight Standards Certificate of Waiver or Authorization issued for the § 91.146 Passenger-carrying flights for demonstration or event. the benefit of a charitable, non- (e) For the purpose of this section: profit, or community event. (1) Flight restricted airspace area for an (a) Definitions. For purposes of this aerial demonstration—The amount of section, the following definitions airspace needed to protect persons and apply: property on the surface or in the air, to Charitable event means an event that maintain air safety and efficiency, or raises funds for the benefit of a chari- to prevent the unsafe congestion of air- table organization recognized by the craft will vary depending on the aerial Department of the Treasury whose do- demonstration and the factors listed in nors may deduct contributions under paragraph (b) of this section. The re- section 170 of the Internal Revenue stricted airspace area will normally be Code (26 U.S.C. Section 170). limited to a 5 nautical mile radius Community event means an event that from the center of the demonstration raises funds for the benefit of any local and an altitude 17000 mean sea level or community cause that is not a char- (for high performance aircraft) or 13000 itable event or non-profit event. feet above the surface (for certain Non-profit event means an event that parachute operations), but will be no raises funds for the benefit of a non- greater than the minimum airspace profit organization recognized under necessary for the management of air- State or Federal law, as long as one of craft operations in the vicinity of the the organization’s purposes is the pro- specified area. motion of aviation safety. (2) Flight restricted area for a major (b) Passenger carrying flights for the sporting event—The amount of airspace benefit of a charitable, nonprofit, or needed to protect persons and property community event identified in para- on the surface or in the air, to main- graph (c) of this section are not subject tain air safety and efficiency, or to pre- to the certification requirements of

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part 119 or the drug and alcohol testing munity event per year, with no event requirements in part 120 of this chap- lasting more than three consecutive ter, provided the following conditions days. are satisfied and the limitations in (d) Pilots and sponsors of events de- paragraphs (c) and (d) are not exceeded: scribed in this section are limited to no (1) The flight is nonstop and begins more than 4 events per calendar year. and ends at the same airport and is (e) At least seven days before the conducted within a 25-statute mile ra- event, each sponsor of an event de- dius of that airport; scribed in this section must furnish to (2) The flight is conducted from a the FAA Flight Standards District Of- public airport that is adequate for the fice with jurisdiction over the geo- airplane or helicopter used, or from an- graphical area where the event is other location the FAA approves for scheduled: the operation; (1) A signed letter detailing the name (3) The airplane or helicopter has a of the sponsor, the purpose of the maximum of 30 seats, excluding each event, the date and time of the event, crewmember seat, and a maximum the location of the event, all prior payload capacity of 7,500 pounds; (4) The flight is not an aerobatic or a events under this section participated formation flight; in by the sponsor in the current cal- (5) Each airplane or helicopter holds endar year; a standard airworthiness certificate, is (2) A photocopy of each pilot in com- airworthy, and is operated in compli- mand’s pilot certificate, medical cer- ance with the applicable requirements tificate, and logbook entries that show of subpart E of this part; the pilot is current in accordance with (6) Each flight is made during day §§ 61.56 and 61.57 of this chapter and VFR conditions; that any private pilot has at least 500 (7) Reimbursement of the operator of hours of flight time; and the airplane or helicopter is limited to (3) A signed statement from each that portion of the passenger payment pilot that lists all prior events under for the flight that does not exceed the this section in which the pilot has par- pro rata cost of owning, operating, and ticipated during the current calendar maintaining the aircraft for that year. flight, which may include fuel, oil, air- port expenditures, and rental fees; [Doc. No. FAA–1998–4521, 72 FR 6910, Feb. 13, 2007, as amended by Amdt. 91–308, 74 FR (8) The beneficiary of the funds raised 32804, July 9, 2009] is not in the business of transportation by air; § 91.147 Passenger carrying flights for (9) A private pilot acting as pilot in compensation or hire. command has at least 500 hours of flight time; Each Operator conducting passenger- (10) Each flight is conducted in ac- carrying flights for compensation or cordance with the safety provisions of hire must meet the following require- part 136, subpart A of this chapter; and ments unless all flights are conducted (11) Flights are not conducted over a under § 91.146. national park, unit of a national park, (a) For the purposes of this section or abutting tribal lands, unless the op- and for drug and alcohol testing, Oper- erator has secured a letter of agree- ator means any person conducting non- ment from the FAA, as specified under stop passenger-carrying flights in an subpart B of part 136 of this chapter, airplane or helicopter for compensa- and is operating in accordance with tion or hire in accordance with that agreement during the flights. §§ 119.1(e)(2), 135.1(a)(5), or 121.1(d), of (c) (1) Passenger-carrying flights or this chapter that begin and end at the series of flights are limited to a total same airport and are conducted within of four charitable events or non-profit a 25-statute mile radius of that airport. events per year, with no event lasting (b) An Operator must comply with more than three consecutive days. the safety provisions of part 136, sub- (2) Passenger-carrying flights or se- part A of this chapter, and apply for ries of flights are limited to one com- and receive a Letter of Authorization

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from the Flight Standards District Of- § 91.153 VFR flight plan: Information fice nearest to its principal place of required. business by September 11, 2007. (a) Information required. Unless other- (c) Each application for a Letter of wise authorized by ATC, each person Authorization must include the fol- filing a VFR flight plan shall include in lowing information: it the following information: (1) Name of Operator, agent, and any (1) The aircraft identification num- d/b/a (doing-business-as) under which ber and, if necessary, its radio call that Operator does business; sign. (2) Principal business address and (2) The type of the aircraft or, in the mailing address; case of a formation flight, the type of (3) Principal place of business (if dif- each aircraft and the number of air- ferent from business address); craft in the formation. (4) Name of person responsible for (3) The full name and address of the management of the business; pilot in command or, in the case of a (5) Name of person responsible for formation flight, the formation com- aircraft maintenance; mander. (6) Type of aircraft, registration (4) The point and proposed time of de- number(s), and make/model/series; and parture. (7) An Antidrug and Alcohol Misuse (5) The proposed route, cruising alti- Prevention Program registration. tude (or flight level), and true airspeed (d) The Operator must register and at that altitude. implement its drug and alcohol testing (6) The point of first intended landing programs in accordance with part 120 and the estimated elapsed time until of this chapter. over that point. (e) The Operator must comply with (7) The amount of fuel on board (in the provisions of the Letter of Author- hours). ization received. (8) The number of persons in the air- craft, except where that information is [Doc. No. FAA–1998–4521, 72 FR 6911, Feb. 13, otherwise readily available to the FAA. 2007, as amended by Amdt. 91–307, 74 FR (9) Any other information the pilot in 22652, May 14, 2009] command or ATC believes is necessary for ATC purposes. §§ 91.148–91.149 [Reserved] (b) Cancellation. When a flight plan VISUAL FLIGHT RULES has been activated, the pilot in com- mand, upon canceling or completing § 91.151 Fuel requirements for flight in the flight under the flight plan, shall VFR conditions. notify an FAA Flight Service Station (a) No person may begin a flight in or ATC facility. an airplane under VFR conditions un- § 91.155 Basic VFR weather minimums. less (considering wind and forecast weather conditions) there is enough (a) Except as provided in paragraph fuel to fly to the first point of intended (b) of this section and § 91.157, no per- landing and, assuming normal cruising son may operate an aircraft under VFR speed— when the flight visibility is less, or at (1) During the day, to fly after that a distance from clouds that is less, for at least 30 minutes; or than that prescribed for the cor- responding altitude and class of air- (2) At night, to fly after that for at space in the following table: least 45 minutes. (b) No person may begin a flight in a Airspace Flight visibility Distance from rotorcraft under VFR conditions unless clouds (considering wind and forecast weather Class A ...... Not Applicable ...... Not Applicable. conditions) there is enough fuel to fly Class B ...... 3 statute miles ...... Clear of Clouds. to the first point of intended landing Class C ...... 3 statute miles ...... 500 feet below. and, assuming normal cruising speed, 1,000 feet above. 2,000 feet hori- to fly after that for at least 20 minutes. zontal.

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weight-shift-control aircraft clear of Airspace Flight visibility Distance from clouds clouds. Class D ...... 3 statute miles ...... 500 feet below. (c) Except as provided in § 91.157, no 1,000 feet above. person may operate an aircraft beneath 2,000 feet hori- the ceiling under VFR within the lat- zontal. Class E: eral boundaries of controlled airspace Less than 3 statute miles ...... 500 feet below. designated to the surface for an airport 10,000 feet 1,000 feet above. when the ceiling is less than 1,000 feet. MSL. 2,000 feet hori- (d) Except as provided in § 91.157 of zontal At or above 5 statute miles ...... 1,000 feet below. this part, no person may take off or 10,000 feet 1,000 feet above. land an aircraft, or enter the traffic MSL. 1 statute mile pattern of an airport, under VFR, with- horizontal. in the lateral boundaries of the surface Class G: areas of Class B, Class C, Class D, or 1,200 feet or less above Class E airspace designated for an air- the surface port— (regardless (1) Unless ground visibility at that of MSL alti- tude). airport is at least 3 statute miles; or Day, except as 1 statute mile ...... Clear of clouds. (2) If ground visibility is not reported provided in at that airport, unless flight visibility § 91.155(b). during landing or takeoff, or while op- Night, except as 3 statute miles ...... 500 feet below. provided in 1,000 feet above. erating in the traffic pattern is at least § 91.155(b). 2,000 feet hori- 3 statute miles. zontal. (e) For the purpose of this section, an More than 1,200 feet above the aircraft operating at the base altitude surface but of a Class E airspace area is considered less than to be within the airspace directly 10,000 feet below that area. MSL Day ...... 1 statute mile ...... 500 feet below. [Doc. No. 24458, 56 FR 65660, Dec. 17, 1991, as 1,000 feet above. amended by Amdt. 91–235, 58 FR 51968, Oct. 5, 2,000 feet hori- 1993; Amdt. 91–282, 69 FR 44880, July 27, 2004] zontal. Night ...... 3 statute miles ...... 500 feet below. 1,000 feet above. § 91.157 Special VFR weather mini- 2,000 feet hori- mums. zontal. More than 1,200 5 statute miles ...... 1,000 feet below. (a) Except as provided in appendix D, feet above the 1,000 feet above. section 3, of this part, special VFR op- surface and at 1 statute mile erations may be conducted under the or above horizontal. weather minimums and requirements 10,000 feet MSL. of this section, instead of those con- tained in § 91.155, below 10,000 feet MSL (b) Class G Airspace. Notwithstanding within the airspace contained by the the provisions of paragraph (a) of this upward extension of the lateral bound- section, the following operations may aries of the controlled airspace des- be conducted in Class G airspace below ignated to the surface for an airport. 1,200 feet above the surface: (b) Special VFR operations may only (1) Helicopter. A helicopter may be op- be conducted— erated clear of clouds if operated at a (1) With an ATC clearance; speed that allows the pilot adequate (2) Clear of clouds; opportunity to see any air traffic or ob- (3) Except for helicopters, when flight struction in time to avoid a collision. visibility is at least 1 statute mile; and (2) Airplane, powered parachute, or (4) Except for helicopters, between weight-shift-control aircraft. If the visi- sunrise and sunset (or in Alaska, when bility is less than 3 statute miles but the sun is 6 degrees or more below the not less than 1 statute mile during horizon) unless— night hours and you are operating in (i) The person being granted the ATC an airport traffic pattern within 1⁄2 clearance meets the applicable require- mile of the runway, you may operate ments for instrument flight under part an airplane, powered parachute, or 61 of this chapter; and

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(ii) The aircraft is equipped as re- § 91.161 Special awareness training re- quired in § 91.205(d). quired for pilots flying under visual (c) No person may take off or land an flight rules within a 60-nautical aircraft (other than a helicopter) under mile radius of the Washington, DC VOR/DME. special VFR— (1) Unless ground visibility is at least (a) Operations within a 60-nautical mile 1 statute mile; or radius of the Washington, DC VOR/DME (2) If ground visibility is not re- under visual flight rules (VFR). Except ported, unless flight visibility is at as provided under paragraph (e) of this least 1 statute mile. For the purposes section, no person may serve as a pilot of this paragraph, the term flight visi- in command or as second in command bility includes the visibility from the of an aircraft while flying within a 60- cockpit of an aircraft in takeoff posi- nautical mile radius of the DCA VOR/ DME, under VFR, unless that pilot has tion if: completed Special Awareness Training (i) The flight is conducted under this and holds a certificate of training com- part 91; and pletion. (ii) The airport at which the aircraft (b) Special Awareness Training. The is located is a satellite airport that Special Awareness Training consists of does not have weather reporting capa- information to educate pilots about the bilities. procedures for flying in the Wash- (d) The determination of visibility by ington, DC area and, more generally, in a pilot in accordance with paragraph other types of special use airspace. (c)(2) of this section is not an official This free training is available on the weather report or an official ground FAA’s Web site. Upon completion of visibility report. the training, each person will need to [Amdt. 91–235, 58 FR 51968, Oct. 5, 1993, as print out a copy of the certificate of amended by Amdt. 91–247, 60 FR 66874, Dec. training completion. 27, 1995; Amdt. 91–262, 65 FR 16116, Mar. 24, (c) Inspection of certificate of training 2000] completion. Each person who holds a certificate for completing the Special § 91.159 VFR cruising altitude or flight Awareness Training must present it for level. inspection upon request from: Except while holding in a holding (1) An authorized representative of pattern of 2 minutes or less, or while the FAA; turning, each person operating an air- (2) An authorized representative of craft under VFR in level cruising flight the National Transportation Safety more than 3,000 feet above the surface Board; shall maintain the appropriate altitude (3) Any Federal, State, or local law or flight level prescribed below, unless enforcement officer; or otherwise authorized by ATC: (4) An authorized representative of (a) When operating below 18,000 feet the Transportation Security Adminis- MSL and— tration. (1) On a magnetic course of zero de- (d) Emergency declared. The failure to grees through 179 degrees, any odd complete the Special Awareness Train- thousand foot MSL altitude +500 feet ing course on flying in and around the (such as 3,500, 5,500, or 7,500); or Washington, DC Metropolitan Area is not a violation of this section if an (2) On a magnetic course of 180 de- emergency is declared by the pilot, as grees through 359 degrees, any even described under § 91.3(b), or there was a thousand foot MSL altitude +500 feet failure of two-way radio communica- (such as 4,500, 6,500, or 8,500). tions when operating under IFR as de- (b) When operating above 18,000 feet scribed under § 91.185. MSL, maintain the altitude or flight (e) Exceptions. The requirements of level assigned by ATC. this section do not apply if the flight is [Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as being performed in an aircraft of an air amended by Amdt. 91–276, 68 FR 61321, Oct. ambulance operator certificated to 27, 2003; 68 FR 70133, Dec. 17, 2003] conduct part 135 operations under this

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chapter, the U.S. Armed Forces, or a filing an IFR flight plan must include law enforcement agency. in it the following information: (1) Information required under § 91.153 [Doc. No. FAA–2006–25250, 73 FR 46803, Aug. 12, 2008] (a) of this part; (2) Except as provided in paragraph §§ 91.162–91.165 [Reserved] (b) of this section, an alternate airport. (b) Paragraph (a)(2) of this section INSTRUMENT FLIGHT RULES does not apply if : (1) Part 97 of this chapter prescribes § 91.167 Fuel requirements for flight in a standard instrument approach proce- IFR conditions. dure to, or a special instrument ap- (a) No person may operate a civil air- proach procedure has been issued by craft in IFR conditions unless it car- the Administrator to the operator for, ries enough fuel (considering weather the first airport of intended landing; reports and forecasts and weather con- and ditions) to— (2) Appropriate weather reports or (1) Complete the flight to the first weather forecasts, or a combination of airport of intended landing; them, indicate the following: (2) Except as provided in paragraph (i) For aircraft other than helicopters. (b) of this section, fly from that airport For at least 1 hour before and for 1 to the alternate airport; and hour after the estimated time of ar- (3) Fly after that for 45 minutes at rival, the ceiling will be at least 2,000 normal cruising speed or, for heli- feet above the airport elevation and copters, fly after that for 30 minutes at the visibility will be at least 3 statute normal cruising speed. miles. (b) Paragraph (a)(2) of this section (ii) For helicopters. At the estimated does not apply if: time of arrival and for 1 hour after the (1) Part 97 of this chapter prescribes estimated time of arrival, the ceiling a standard instrument approach proce- will be at least 1,000 feet above the air- dure to, or a special instrument ap- port elevation, or at least 400 feet proach procedure has been issued by above the lowest applicable approach the Administrator to the operator for, minima, whichever is higher, and the the first airport of intended landing; visibility will be at least 2 statute and miles. (2) Appropriate weather reports or (c) IFR alternate airport weather mini- weather forecasts, or a combination of ma. Unless otherwise authorized by the them, indicate the following: Administrator, no person may include (i) For aircraft other than helicopters. an alternate airport in an IFR flight For at least 1 hour before and for 1 plan unless appropriate weather re- hour after the estimated time of ar- ports or weather forecasts, or a com- rival, the ceiling will be at least 2,000 bination of them, indicate that, at the feet above the airport elevation and estimated time of arrival at the alter- the visibility will be at least 3 statute nate airport, the ceiling and visibility miles. at that airport will be at or above the (ii) For helicopters. At the estimated following weather minima: time of arrival and for 1 hour after the (1) If an instrument approach proce- estimated time of arrival, the ceiling dure has been published in part 97 of will be at least 1,000 feet above the air- this chapter, or a special instrument port elevation, or at least 400 feet approach procedure has been issued by above the lowest applicable approach the Administrator to the operator, for minima, whichever is higher, and the that airport, the following minima: visibility will be at least 2 statute (i) For aircraft other than helicopters: miles. The alternate airport minima specified [Doc. No. 98-4390, 65 FR 3546, Jan. 21, 2000] in that procedure, or if none are speci- fied the following standard approach § 91.169 IFR flight plan: Information minima: required. (A) For a precision approach procedure. (a) Information required. Unless other- Ceiling 600 feet and visibility 2 statute wise authorized by ATC, each person miles.

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(B) For a nonprecision approach proce- designated as a VOR system check- dure. Ceiling 800 feet and visibility 2 point by the Administrator, or, outside statute miles. the United States, by an appropriate (ii) For helicopters: Ceiling 200 feet authority (the maximum permissible above the minimum for the approach bearing error is plus or minus 4 de- to be flown, and visibility at least 1 grees); statute mile but never less than the (3) If neither a test signal nor a des- minimum visibility for the approach to ignated checkpoint on the surface is be flown, and available, use an airborne checkpoint (2) If no instrument approach proce- designated by the Administrator or, dure has been published in part 97 of outside the United States, by an appro- this chapter and no special instrument approach procedure has been issued by priate authority (the maximum per- the Administrator to the operator, for missible bearing error is plus or minus the alternate airport, the ceiling and 6 degrees); or visibility minima are those allowing (4) If no check signal or point is descent from the MEA, approach, and available, while in flight— landing under basic VFR. (i) Select a VOR radial that lies (d) Cancellation. When a flight plan along the centerline of an established has been activated, the pilot in com- VOR airway; mand, upon canceling or completing (ii) Select a prominent ground point the flight under the flight plan, shall along the selected radial preferably notify an FAA Flight Service Station more than 20 nautical miles from the or ATC facility. VOR ground facility and maneuver the [Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as aircraft directly over the point at a amended by Amdt. 91–259, 65 FR 3546, Jan. 21, reasonably low altitude; and 2000] (iii) Note the VOR bearing indicated by the receiver when over the ground § 91.171 VOR equipment check for IFR operations. point (the maximum permissible vari- ation between the published radial and (a) No person may operate a civil air- the indicated bearing is 6 degrees). craft under IFR using the VOR system (c) If dual system VOR (units inde- of radio navigation unless the VOR pendent of each other except for the equipment of that aircraft— (1) Is maintained, checked, and in- antenna) is installed in the aircraft, spected under an approved procedure; the person checking the equipment or may check one system against the (2) Has been operationally checked other in place of the check procedures within the preceding 30 days, and was specified in paragraph (b) of this sec- found to be within the limits of the tion. Both systems shall be tuned to permissible indicated bearing error set the same VOR ground facility and note forth in paragraph (b) or (c) of this sec- the indicated bearings to that station. tion. The maximum permissible variation (b) Except as provided in paragraph between the two indicated bearings is 4 (c) of this section, each person con- degrees. ducting a VOR check under paragraph (d) Each person making the VOR (a)(2) of this section shall— operational check, as specified in para- (1) Use, at the airport of intended de- graph (b) or (c) of this section, shall parture, an FAA-operated or approved enter the date, place, bearing error, test signal or a test signal radiated by and sign the aircraft log or other a certificated and appropriately rated record. In addition, if a test signal ra- radio repair station or, outside the diated by a repair station, as specified United States, a test signal operated or in paragraph (b)(1) of this section, is approved by an appropriate authority to check the VOR equipment (the max- used, an entry must be made in the air- imum permissible indicated bearing craft log or other record by the repair error is plus or minus 4 degrees); or station certificate holder or the certifi- (2) Use, at the airport of intended de- cate holder’s representative certifying parture, a point on the airport surface

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to the bearing transmitted by the re- standard instrument approach being pair station for the check and the date used; and of transmission. (3) Except for a Category II or Cat- (Approved by the Office of Management and egory III approach where any necessary Budget under control number 2120–0005) visual reference requirements are spec- ified by the Administrator, at least one § 91.173 ATC clearance and flight plan of the following visual references for required. the intended runway is distinctly visi- No person may operate an aircraft in ble and identifiable to the pilot: controlled airspace under IFR unless (i) The approach light system, except that person has— that the pilot may not descend below (a) Filed an IFR flight plan; and 100 feet above the touchdown zone ele- (b) Received an appropriate ATC vation using the approach lights as a clearance. reference unless the red terminating bars or the red side row bars are also § 91.175 Takeoff and landing under distinctly visible and identifiable. IFR. (ii) The threshold. (a) Instrument approaches to civil air- (iii) The threshold markings. ports. Unless otherwise authorized by (iv) The threshold lights. the FAA, when it is necessary to use an (v) The runway end identifier lights. instrument approach to a civil airport, (vi) The visual approach slope indi- each person operating an aircraft must cator. use a standard instrument approach (vii) The touchdown zone or touch- procedure prescribed in part 97 of this down zone markings. chapter for that airport. This para- (viii) The touchdown zone lights. graph does not apply to United States (ix) The runway or runway markings. military aircraft. (x) The runway lights. (b) Authorized DA/DH or MDA. For the (d) Landing. No pilot operating an purpose of this section, when the ap- aircraft, except a military aircraft of proach procedure being used provides the United States, may land that air- for and requires the use of a DA/DH or craft when— MDA, the authorized DA/DH or MDA is (1) For operations conducted under the highest of the following: paragraph (l) of this section, the re- (1) The DA/DH or MDA prescribed by quirements of (l)(4) of this section are the approach procedure. not met; or (2) The DA/DH or MDA prescribed for (2) For all other part 91 operations the pilot in command. and parts 121, 125, 129, and 135 oper- (3) The DA/DH or MDA appropriate ations, the flight visibility is less than for the aircraft equipment available the visibility prescribed in the stand- and used during the approach. ard instrument approach procedure (c) Operation below DA/ DH or MDA. being used. Except as provided in paragraph (l) of (e) Missed approach procedures. Each this section, where a DA/DH or MDA is pilot operating an aircraft, except a applicable, no pilot may operate an air- military aircraft of the United States, craft, except a military aircraft of the shall immediately execute an appro- United States, below the authorized priate missed approach procedure when MDA or continue an approach below either of the following conditions exist: the authorized DA/DH unless— (1) Whenever operating an aircraft (1) The aircraft is continuously in a pursuant to paragraph (c) or (l) of this position from which a descent to a section and the requirements of that landing on the intended runway can be paragraph are not met at either of the made at a normal rate of descent using following times: normal maneuvers, and for operations (i) When the aircraft is being oper- conducted under part 121 or part 135 un- ated below MDA; or less that descent rate will allow touch- (ii) Upon arrival at the missed ap- down to occur within the touchdown proach point, including a DA/DH where zone of the runway of intended landing; a DA/DH is specified and its use is re- (2) The flight visibility is not less quired, and at any time after that until than the visibility prescribed in the touchdown.

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(2) Whenever an identifiable part of (g) Military airports. Unless otherwise the airport is not distinctly visible to prescribed by the Administrator, each the pilot during a circling maneuver at person operating a civil aircraft under or above MDA, unless the inability to IFR into or out of a military airport see an identifiable part of the airport shall comply with the instrument ap- results only from a normal bank of the proach procedures and the takeoff and aircraft during the circling approach. landing minimum prescribed by the (f) Civil airport takeoff minimums. This military authority having jurisdiction paragraph applies to persons operating of that airport. an aircraft under part 121, 125, 129, or (h) Comparable values of RVR and 135 of this chapter. ground visibility. (1) Except for Category (1) Unless otherwise authorized by II or Category III minimums, if RVR the FAA, no pilot may takeoff from a minimums for takeoff or landing are civil airport under IFR unless the prescribed in an instrument approach weather conditions at time of takeoff procedure, but RVR is not reported for are at or above the weather minimums the runway of intended operation, the for IFR takeoff prescribed for that air- RVR minimum shall be converted to port under part 97 of this chapter. ground visibility in accordance with (2) If takeoff weather minimums are the table in paragraph (h)(2) of this sec- not prescribed under part 97 of this tion and shall be the visibility min- chapter for a particular airport, the imum for takeoff or landing on that following weather minimums apply to runway. takeoffs under IFR: (2) (i) For aircraft, other than heli- Visibility copters, having two engines or less—1 RVR (feet) (statute miles) statute mile visibility. (ii) For aircraft having more than 1,600 ...... 1⁄4 2,400 ...... 1⁄2 two engines—1⁄2 statute mile visibility. 3,200 ...... 5⁄8 1 (iii) For helicopters— ⁄2 statute mile 4,000 ...... 3⁄4 visibility. 4,500 ...... 7⁄8 (3) Except as provided in paragraph 5,000 ...... 1 6,000 ...... 11⁄4 (f)(4) of this section, no pilot may take- off under IFR from a civil airport hav- (i) Operations on unpublished routes ing published obstacle departure proce- and use of radar in instrument approach dures (ODPs) under part 97 of this procedures. When radar is approved at chapter for the takeoff runway to be certain locations for ATC purposes, it used, unless the pilot uses such ODPs may be used not only for surveillance or an alternative procedure or route as- and precision radar approaches, as ap- signed by air traffic control. plicable, but also may be used in con- (4) Notwithstanding the requirements junction with instrument approach of paragraph (f)(3) of this section, no procedures predicated on other types of pilot may takeoff from an airport radio navigational aids. Radar vectors under IFR unless: may be authorized to provide course (i) For part 121 and part 135 opera- guidance through the segments of an tors, the pilot uses a takeoff obstacle approach to the final course or fix. clearance or avoidance procedure that When operating on an unpublished ensures compliance with the applicable route or while being radar vectored, airplane performance operating limita- the pilot, when an approach clearance tions requirements under part 121, sub- is received, shall, in addition to com- part I or part 135, subpart I for takeoff plying with § 91.177, maintain the last at that airport; or altitude assigned to that pilot until the (ii) For part 129 operators, the pilot aircraft is established on a segment of uses a takeoff obstacle clearance or a published route or instrument ap- avoidance procedure that ensures com- proach procedure unless a different al- pliance with the airplane performance titude is assigned by ATC. After the operating limitations prescribed by the aircraft is so established, published al- State of the operator for takeoff at titudes apply to descent within each that airport. succeeding route or approach segment

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unless a different altitude is assigned (2) The pilot determines that the en- by ATC. Upon reaching the final ap- hanced flight visibility observed by use proach course or fix, the pilot may ei- of a certified enhanced flight vision ther complete the instrument approach system is not less than the visibility in accordance with a procedure ap- prescribed in the standard instrument proved for the facility or continue a approach procedure being used; surveillance or precision radar ap- (3) The following visual references for proach to a landing. the intended runway are distinctly (j) Limitation on procedure turns. In visible and identifiable to the pilot the case of a radar vector to a final ap- using the enhanced flight vision sys- proach course or fix, a timed approach tem: from a holding fix, or an approach for (i) The approach light system (if in- which the procedure specifies ‘‘No PT,’’ stalled); or no pilot may make a procedure turn (ii) The following visual references in unless cleared to do so by ATC. both paragraphs (l)(3)(ii)(A) and (B) of (k) ILS components. The basic compo- this section: nents of an ILS are the localizer, glide (A) The runway threshold, identified slope, and outer marker, and, when in- by at least one of the following: stalled for use with Category II or Cat- (1) The beginning of the runway land- egory III instrument approach proce- ing surface; dures, an inner marker. The following (2) The threshold lights; or means may be used to substitute for (3) The runway end identifier lights. the outer marker: Compass locator; (B) The touchdown zone, identified precision approach radar (PAR) or air- by at least one of the following: port surveillance radar (ASR); DME, (1) The runway touchdown zone land- VOR, or nondirectional beacon fixes ing surface; authorized in the standard instrument (2) The touchdown zone lights; approach procedure; or a suitable (3) The touchdown zone markings; or RNAV system in conjunction with a fix (4) The runway lights. identified in the standard instrument (4) At 100 feet above the touchdown approach procedure. Applicability of, zone elevation of the runway of in- and substitution for, the inner marker tended landing and below that altitude, for a Category II or III approach is de- the flight visibility must be sufficient termined by the appropriate 14 CFR for the following to be distinctly visi- part 97 approach procedure, letter of ble and identifiable to the pilot with- authorization, or operations specifica- out reliance on the enhanced flight vi- tions issued to an operator. sion system to continue to a landing: (l) Approach to straight-in landing op- (i) The lights or markings of the erations below DH, or MDA using an en- threshold; or hanced flight vision system (EFVS). For (ii) The lights or markings of the straight-in instrument approach proce- touchdown zone; dures other than Category II or Cat- (5) The pilot(s) is qualified to use an egory III, no pilot operating under this EFVS as follows— section or §§ 121.651, 125.381, and 135.225 (i) For parts 119 and 125 certificate of this chapter may operate an aircraft holders, the applicable training, test- at any airport below the authorized ing and qualification provisions of MDA or continue an approach below parts 121, 125, and 135 of this chapter; the authorized DH and land unless— (ii) For foreign persons, in accord- (1) The aircraft is continuously in a ance with the requirements of the civil position from which a descent to a aviation authority of the State of the landing on the intended runway can be operator; or made at a normal rate of descent using (iii) For persons conducting any normal maneuvers, and, for operations other operation, in accordance with the conducted under part 121 or part 135 of applicable currency and proficiency re- this chapter, the descent rate will quirements of part 61 of this chapter; allow touchdown to occur within the (6) For parts 119 and 125 certificate touchdown zone of the runway of in- holders, and part 129 operations speci- tended landing; fications holders, their operations

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specifications authorize use of EFVS; (3) The EFVS includes the display and element, sensors, computers and power (7) The aircraft is equipped with, and supplies, indications, and controls. It the pilot uses, an enhanced flight vi- may receive inputs from an airborne sion system, the display of which is navigation system or flight guidance suitable for maneuvering the aircraft system; and and has either an FAA type design ap- (4) The display characteristics and proval or, for a foreign-registered air- dynamics are suitable for manual con- craft, the EFVS complies with all of trol of the aircraft. the EFVS requirements of this chapter. (m) For purposes of this section, ‘‘en- [Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as hanced flight vision system’’ (EFVS) is amended by Amdt. 91–267, 66 FR 21066, Apr. an installed airborne system comprised 27, 2001; Amdt. 91–281, 69 FR 1640, Jan. 9, 2004; of the following features and character- Amdt. 91–296, 72 FR 31678, June 7, 2007; Amdt. istics: 91–306, 74 FR 20205, May 1, 2009] (1) An electronic means to provide a § 91.177 Minimum altitudes for IFR op- display of the forward external scene erations. topography (the natural or manmade features of a place or region especially (a) Operation of aircraft at minimum al- in a way to show their relative posi- titudes. Except when necessary for tions and elevation) through the use of takeoff or landing, or unless otherwise imaging sensors, such as a forward- authorized by the FAA, no person may looking infrared, millimeter wave operate an aircraft under IFR below— radiometry, millimeter wave radar, (1) The applicable minimum altitudes and low-light level image intensifying; prescribed in parts 95 and 97 of this (2) The EFVS sensor imagery and air- chapter. However, if both a MEA and a craft flight symbology (i.e., at least MOCA are prescribed for a particular airspeed, vertical speed, aircraft atti- route or route segment, a person may tude, heading, altitude, command guid- operate an aircraft below the MEA ance as appropriate for the approach to down to, but not below, the MOCA, pro- be flown, path deviation indications, vided the applicable navigation signals and flight path vector, and flight path are available. For aircraft using VOR angle reference cue) are presented on a for navigation, this applies only when head-up display, or an equivalent dis- the aircraft is within 22 nautical miles play, so that they are clearly visible to of that VOR (based on the reasonable the pilot flying in his or her normal po- estimate by the pilot operating the air- sition and line of vision and looking craft of that distance); or forward along the flight path, to in- (2) If no applicable minimum altitude clude: is prescribed in parts 95 and 97 of this (i) The displayed EFVS imagery, at- chapter, then— titude symbology, flight path vector, (i) In the case of operations over an and flight path angle reference cue, and area designated as a mountainous area other cues, which are referenced to this in part 95 of this chapter, an altitude of imagery and external scene topog- 2,000 feet above the highest obstacle raphy, must be presented so that they are aligned with and scaled to the ex- within a horizontal distance of 4 nau- ternal view; and tical miles from the course to be flown; (ii) The flight path angle reference or cue must be displayed with the pitch (ii) In any other case, an altitude of scale, selectable by the pilot to the de- 1,000 feet above the highest obstacle sired descent angle for the approach, within a horizontal distance of 4 nau- and suitable for monitoring the tical miles from the course to be flown. vertical flight path of the aircraft on (b) Climb. Climb to a higher minimum approaches without vertical guidance; IFR altitude shall begin immediately and after passing the point beyond which (iii) The displayed imagery and air- that minimum altitude applies, except craft flight symbology do not adversely that when ground obstructions inter- obscure the pilot’s outside view or field vene, the point beyond which that of view through the cockpit window; higher minimum altitude applies shall

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be crossed at or above the applicable duced Vertical Separation Minimum MCA. (RVSM) airspace and— [Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as (i) On a magnetic course of zero de- amended by Amdt. 91–296, 72 FR 31678, June grees through 179 degrees, any odd 7, 2007; Amdt. 91–315, 75 FR 30690, June 2, 2010] flight level, at 2,000-foot intervals be- ginning at and including flight level 290 § 91.179 IFR cruising altitude or flight (such as flight level 290, 310, 330, 350, level. 370, 390, 410); or Unless otherwise authorized by ATC, (ii) On a magnetic course of 180 de- the following rules apply— grees through 359 degrees, any even (a) In controlled airspace. Each person flight level, at 2000-foot intervals be- operating an aircraft under IFR in ginning at and including flight level 300 level cruising flight in controlled air- (such as 300, 320, 340, 360, 380, 400). space shall maintain the altitude or [Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as flight level assigned that aircraft by amended by Amdt. 91–276, 68 FR 61321, Oct. ATC. However, if the ATC clearance as- 27, 2003; 68 FR 70133, Dec. 17, 2003; Amdt. 91– signs ‘‘VFR conditions on-top,’’ that 296, 72 FR 31679, June 7, 2007] person shall maintain an altitude or flight level as prescribed by § 91.159. § 91.180 Operations within airspace (b) In uncontrolled airspace. Except designated as Reduced Vertical while in a holding pattern of 2 minutes Separation Minimum airspace. or less or while turning, each person (a) Except as provided in paragraph operating an aircraft under IFR in (b) of this section, no person may oper- level cruising flight in uncontrolled ate a civil aircraft in airspace des- airspace shall maintain an appropriate ignated as Reduced Vertical Separa- altitude as follows: tion Minimum (RVSM) airspace unless: (1) When operating below 18,000 feet (1) The operator and the operator’s MSL and— aircraft comply with the minimum (i) On a magnetic course of zero de- standards of appendix G of this part; grees through 179 degrees, any odd and thousand foot MSL altitude (such as (2) The operator is authorized by the 3,000, 5,000, or 7,000); or Administrator or the country of reg- (ii) On a magnetic course of 180 de- istry to conduct such operations. grees through 359 degrees, any even (b) The Administrator may authorize thousand foot MSL altitude (such as a deviation from the requirements of 2,000, 4,000, or 6,000). this section. (2) When operating at or above 18,000 feet MSL but below flight level 290, [Amdt. 91–276, 68 FR 70133, Dec. 17, 2003] and— § 91.181 Course to be flown. (i) On a magnetic course of zero de- grees through 179 degrees, any odd Unless otherwise authorized by ATC, flight level (such as 190, 210, or 230); or no person may operate an aircraft (ii) On a magnetic course of 180 de- within controlled airspace under IFR grees through 359 degrees, any even except as follows: flight level (such as 180, 200, or 220). (a) On an ATS route, along the cen- (3) When operating at flight level 290 terline of that airway. and above in non-RVSM airspace, and— (b) On any other route, along the di- (i) On a magnetic course of zero de- rect course between the navigational grees through 179 degrees, any flight aids or fixes defining that route. How- level, at 4,000-foot intervals, beginning ever, this section does not prohibit ma- at and including flight level 290 (such neuvering the aircraft to pass well as flight level 290, 330, or 370); or clear of other air traffic or the maneu- (ii) On a magnetic course of 180 de- vering of the aircraft in VFR condi- grees through 359 degrees, any flight tions to clear the intended flight path level, at 4,000-foot intervals, beginning both before and during climb or de- at and including flight level 310 (such scent. as flight level 310, 350, or 390). [Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as (4) When operating at flight level 290 amended by Amdt. 91–296, 72 FR 31679, June and above in airspace designated as Re- 7, 2007]

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§ 91.183 IFR communications. (i) The altitude or flight level as- Unless otherwise authorized by ATC, signed in the last ATC clearance re- the pilot in command of each aircraft ceived; operated under IFR in controlled air- (ii) The minimum altitude (con- space must ensure that a continuous verted, if appropriate, to minimum watch is maintained on the appropriate flight level as prescribed in § 91.121(c)) frequency and must report the fol- for IFR operations; or lowing as soon as possible— (iii) The altitude or flight level ATC (a) The time and altitude of passing has advised may be expected in a fur- each designated reporting point, or the ther clearance. reporting points specified by ATC, ex- (3) Leave clearance limit. (i) When the cept that while the aircraft is under clearance limit is a fix from which an radar control, only the passing of those approach begins, commence descent or reporting points specifically requested descent and approach as close as pos- by ATC need be reported; sible to the expect-further-clearance (b) Any unforecast weather condi- time if one has been received, or if one tions encountered; and has not been received, as close as pos- (c) Any other information relating to sible to the estimated time of arrival the safety of flight. as calculated from the filed or amended [Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as (with ATC) estimated time en route. amended by Amdt. 91–296, 72 FR 31679, June (ii) If the clearance limit is not a fix 7, 2007] from which an approach begins, leave the clearance limit at the expect-fur- § 91.185 IFR operations: Two-way radio communications failure. ther-clearance time if one has been re- ceived, or if none has been received, (a) General. Unless otherwise author- upon arrival over the clearance limit, ized by ATC, each pilot who has two- and proceed to a fix from which an ap- way radio communications failure proach begins and commence descent when operating under IFR shall comply 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 ar- curs in VFR conditions, or if VFR con- rival as calculated from the filed or ditions are encountered after the fail- amended (with ATC) estimated time en ure, each pilot shall continue the flight route. under VFR and land as soon as prac- [Doc. No. 18334, 54 FR 34294, Aug. 18, 1989; ticable. Amdt. 91–211, 54 FR 41211, Oct. 5, 1989] (c) IFR conditions. If the failure oc- curs in IFR conditions, or if paragraph § 91.187 Operation under IFR in con- (b) of this section cannot be complied trolled airspace: Malfunction re- with, each pilot shall continue the ports. flight according to the following: (a) The pilot in command of each air- (1) Route. (i) By the route assigned in craft operated in controlled airspace the last ATC clearance received; under IFR shall report as soon as prac- (ii) If being radar vectored, by the di- tical to ATC any malfunctions of navi- rect route from the point of radio fail- gational, approach, or communication ure to the fix, route, or airway speci- equipment occurring in flight. fied in the vector clearance; (iii) In the absence of an assigned (b) In each report required by para- route, by the route that ATC has ad- graph (a) of this section, the pilot in vised may be expected in a further command shall include the— clearance; or (1) Aircraft identification; (iv) In the absence of an assigned (2) Equipment affected; route or a route that ATC has advised (3) Degree to which the capability of may be expected in a further clearance, the pilot to operate under IFR in the by the route filed in the flight plan. ATC system is impaired; and (2) Altitude. At the highest of the fol- (4) Nature and extent of assistance lowing altitudes or flight levels for the desired from ATC. route segment being flown:

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§ 91.189 Category II and III operations: (i) The approach light system, except General operating rules. that the pilot may not descend below (a) No person may operate a civil air- 100 feet above the touchdown zone ele- craft in a Category II or III operation vation using the approach lights as a unless— reference unless the red terminating (1) The flight crew of the aircraft bars or the red side row bars are also consists of a pilot in command and a distinctly visible and identifiable. (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 oper- (3) The instrument panel in front of ating an aircraft shall immediately the pilot who is controlling the aircraft execute an appropriate missed ap- has appropriate instrumentation for proach whenever, prior to touchdown, the type of flight control guidance sys- the requirements of paragraph (d) of tem that is being used. this section 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 DA/DH. For the pur- section do not apply to operations con- pose of this section, when the approach ducted by certificate holders operating procedure being used provides for and under part 121, 125, 129, or 135 of this requires the use of a DA/DH, the au- chapter, or holders of management thorized DA/DH is the highest of the specifications issued in accordance following: with subpart K of this part. Holders of (1) The DA/DH prescribed by the ap- operations specifications or manage- proach procedure. ment specifications may operate a civil (2) The DA/DH prescribed for the aircraft in a Category II or Category pilot in command. III operation only in accordance with (3) The DA/DH for which the aircraft their operations specifications or man- is equipped. agement specifications, as applicable. (d) Unless otherwise authorized by [Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as the Administrator, no pilot operating amended by Amdt. 91–280, 68 FR 54560, Sept. an aircraft in a Category II or Category 17, 2003; Amdt. 91–296, 72 FR 31679, June 7, III approach that provides and requires 2007] use of a DA/DH may continue the ap- proach below the authorized decision § 91.191 Category II and Category III height unless the following conditions manual. are met: (a) Except as provided in paragraph (1) The aircraft is in a position from (c) of this section, after August 4, 1997, which a descent to a landing on the in- no person may operate a U.S.-reg- tended runway can be made at a nor- istered civil aircraft in a Category II or mal rate of descent using normal ma- a Category III operation unless— neuvers, and where that descent rate (1) There is available in the aircraft a will allow touchdown to occur within current and approved Category II or the touchdown zone of the runway of Category III manual, as appropriate, intended landing. for that aircraft; (2) At least one of the following vis- (2) The operation is conducted in ac- ual references for the intended runway cordance with the procedures, instruc- is distinctly visible and identifiable to tions, and limitations in the appro- the pilot: priate manual; and

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(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 rent copy of each approved manual at § 91.611) must have on it the registra- its principal base of operations and tion number assigned to the aircraft must make each manual available for under part 47 of this chapter. However, inspection upon request by the Admin- istrator. the airworthiness certificate need not (c) This section does not apply to op- have on it an assigned special identi- erations conducted by a certificate fication number before 10 days after holder operating under part 121 or part that number is first affixed to the air- 135 of this chapter or a holder of man- craft. A revised airworthiness certifi- agement specifications issued in ac- cate having on it an assigned special cordance with subpart K of this part. identification number, that has been affixed to an aircraft, may only be ob- [Doc. No. 26933, 61 FR 34560, July 2, 1996, as amended by Amdt. 91–280, 68 FR 54560, Sept. tained upon application to an FAA 17, 2003] Flight Standards district office. (2) An effective U.S. registration cer- § 91.193 Certificate of authorization tificate issued to its owner or, for oper- for certain Category II operations. ation within the United States, the The Administrator may issue a cer- second copy of the Aircraft registra- tificate of authorization authorizing tion Application as provided for in deviations from the requirements of § 47.31(c), or a registration certification §§ 91.189, 91.191, and 91.205(f) for the op- issued under the laws of a foreign coun- eration of small aircraft identified as try. Category A aircraft in § 97.3 of this (b) No person may operate a civil air- chapter in Category II operations if the craft unless the airworthiness certifi- Administrator finds that the proposed cate required by paragraph (a) of this operation can be safely conducted section or a special flight authoriza- under the terms of the certificate. tion issued under § 91.715 is displayed at Such authorization does not permit op- the cabin or cockpit entrance so that it eration of the aircraft carrying persons or property for compensation or hire. is legible to passengers or crew. (c) No person may operate an aircraft §§ 91.195–91.199 [Reserved] with a fuel tank installed within the passenger compartment or a baggage Subpart C—Equipment, Instru- compartment unless the installation ment, and Certificate Re- was accomplished pursuant to part 43 quirements of this chapter, and a copy of FAA Form 337 authorizing that installation is on board the aircraft. SOURCE: Docket No. 18334, 54 FR 34304, Aug. 18, 1989, unless otherwise noted. (d) No person may operate a civil air- plane (domestic or foreign) into or out § 91.201 [Reserved] of an airport in the United States un- less it complies with the fuel venting § 91.203 Civil aircraft: Certifications and exhaust emissions requirements of required. part 34 of this chapter. (a) Except as provided in § 91.715, no person may operate a civil aircraft un- [Doc. No. 18334, 54 FR 34292, Aug. 18, 1989, as less it has within it the following: amended by Amdt. 91–218, 55 FR 32861, Aug. (1) An appropriate and current air- 10, 1990; Amdt. 91–318, 75 FR 41983, July 20, worthiness certificate. Each U.S. air- 2010] worthiness certificate used to comply with this subparagraph (except a spe-

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§ 91.205 Powered civil aircraft with areas which are intermittently under standard category U.S. airworthi- water. ness certificates: Instrument and (13) An approved safety belt with an equipment requirements. approved metal-to-metal latching de- (a) General. Except as provided in vice for each occupant 2 years of age or paragraphs (c)(3) and (e) of this section, older. no person may operate a powered civil (14) For small civil airplanes manu- aircraft with a standard category U.S. factured after July 18, 1978, an ap- airworthiness certificate in any oper- proved shoulder harness for each front ation described in paragraphs (b) seat. The shoulder harness must be de- through (f) of this section unless that signed to protect the occupant from se- aircraft contains the instruments and rious head injury when the occupant equipment specified in those para- experiences the ultimate inertia forces graphs (or FAA-approved equivalents) specified in § 23.561(b)(2) of this chapter. for that type of operation, and those Each shoulder harness installed at a instruments and items of equipment flight crewmember station must per- are in operable condition. mit the crewmember, when seated and (b) Visual-flight rules (day). For VFR with the safety belt and shoulder har- flight during the day, the following in- ness fastened, to perform all functions struments and equipment are required: necessary for flight operations. For (1) Airspeed indicator. purposes of this paragraph— (2) Altimeter. (i) The date of manufacture of an air- (3) Magnetic direction indicator. plane is the date the inspection accept- ance records reflect that the airplane is (4) Tachometer for each engine. complete and meets the FAA-approved (5) Oil pressure gauge for each engine type design data; and using pressure system. (ii) A front seat is a seat located at a (6) Temperature gauge for each liq- flight crewmember station or any seat uid-cooled engine. located alongside such a seat. (7) Oil temperature gauge for each (15) An emergency locator trans- air-cooled engine. mitter, if required by § 91.207. (8) Manifold pressure gauge for each (16) For normal, utility, and acro- altitude engine. batic category airplanes with a seating (9) Fuel gauge indicating the quan- configuration, excluding pilot seats, of tity of fuel in each tank. 9 or less, manufactured after December (10) Landing gear position indicator, 12, 1986, a shoulder harness for— if the aircraft has a retractable landing (i) Each front seat that meets the re- gear. quirements of § 23.785 (g) and (h) of this (11) For small civil airplanes certifi- chapter in effect on December 12, 1985; cated after March 11, 1996, in accord- (ii) Each additional seat that meets ance with part 23 of this chapter, an the requirements of § 23.785(g) of this approved aviation red or aviation white chapter in effect on December 12, 1985. anticollision light system. In the event (17) For rotorcraft manufactured of failure of any light of the anti- after September 16, 1992, a shoulder collision light system, operation of the harness for each seat that meets the aircraft may continue to a location requirements of § 27.2 or § 29.2 of this where repairs or replacement can be chapter in effect on September 16, 1991. made. (c) Visual flight rules (night). For VFR (12) If the aircraft is operated for hire flight at night, the following instru- over water and beyond power-off glid- ments and equipment are required: ing distance from shore, approved flo- (1) Instruments and equipment speci- tation gear readily available to each fied in paragraph (b) of this section. occupant and, unless the aircraft is op- (2) Approved position lights. erating under part 121 of this sub- (3) An approved aviation red or avia- chapter, at least one pyrotechnic sig- tion white anticollision light system naling device. As used in this section, on all U.S.-registered civil aircraft. ‘‘shore’’ means that area of the land ad- Anticollision light systems initially in- jacent to the water which is above the stalled after August 11, 1971, on aircraft high water mark and excludes land for which a type certificate was issued

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or applied for before August 11, 1971, (8) Gyroscopic pitch and bank indi- must at least meet the anticollision cator (artificial horizon). light standards of part 23, 25, 27, or 29 (9) Gyroscopic direction indicator (di- of this chapter, as applicable, that were rectional gyro or equivalent). in effect on August 10, 1971, except that (e) Flight at and above 24,000 feet MSL the color may be either aviation red or (FL 240). If VOR navigation equipment aviation white. In the event of failure is required under paragraph (d)(2) of of any light of the anticollision light this section, no person may operate a system, operations with the aircraft U.S.-registered civil aircraft within the may be continued to a stop where re- 50 states and the District of Columbia pairs or replacement can be made. at or above FL 240 unless that aircraft (4) If the aircraft is operated for hire, is equipped with approved DME or a one electric landing light. suitable RNAV system. When the DME (5) An adequate source of electrical or RNAV system required by this para- energy for all installed electrical and graph fails at and above FL 240, the radio equipment. pilot in command of the aircraft must (6) One spare set of fuses, or three notify ATC immediately, and then may spare fuses of each kind required, that continue operations at and above FL are accessible to the pilot in flight. 240 to the next airport of intended (d) Instrument flight rules. For IFR landing where repairs or replacement flight, the following instruments and of the equipment can be made. equipment are required: (f) Category II operations. The require- (1) Instruments and equipment speci- ments for Category II operations are fied in paragraph (b) of this section, the instruments and equipment speci- and, for night flight, instruments and fied in— equipment specified in paragraph (c) of (1) Paragraph (d) of this section; and this section. (2) Appendix A to this part. (2) Two-way radio communication (g) Category III operations. The instru- and navigation equipment suitable for ments and equipment required for Cat- the route to be flown. egory III operations are specified in (3) Gyroscopic rate-of-turn indicator, paragraph (d) of this section. except on the following aircraft: (h) Night vision goggle operations. For (i) Airplanes with a third attitude in- night vision goggle operations, the fol- strument system usable through flight lowing instruments and equipment attitudes of 360 degrees of pitch and must be installed in the aircraft, func- roll and installed in accordance with tioning in a normal manner, and ap- the instrument requirements pre- proved for use by the FAA: scribed in § 121.305(j) of this chapter; (1) Instruments and equipment speci- and fied in paragraph (b) of this section, in- (ii) Rotorcraft with a third attitude struments and equipment specified in instrument system usable through paragraph (c) of this section; flight attitudes of ±80 degrees of pitch (2) Night vision goggles; and ±120 degrees of roll and installed in (3) Interior and exterior aircraft accordance with § 29.1303(g) of this lighting system required for night vi- chapter. sion goggle operations; (4) Slip-skid indicator. (4) Two-way radio communications (5) Sensitive altimeter adjustable for system; barometric pressure. (5) Gyroscopic pitch and bank indi- (6) A clock displaying hours, min- cator (artificial horizon); utes, and seconds with a sweep-second (6) Generator or alternator of ade- pointer or digital presentation. quate capacity for the required instru- (7) Generator or alternator of ade- ments and equipment; and quate capacity. (7) Radar altimeter.

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(i) Exclusions. Paragraphs (f) and (g) be replaced (or recharged, if the bat- of this section do not apply to oper- teries are rechargeable)— ations conducted by a holder of a cer- (1) When the transmitter has been in tificate issued under part 121 or part use for more than 1 cumulative hour; 135 of this chapter. or [Doc. No. 18334, 54 FR 34292, Aug. 18, 1989, as (2) When 50 percent of their useful amended by Amdt. 91–220, 55 FR 43310, Oct. life (or, for rechargeable batteries, 50 26, 1990; Amdt. 91–223, 56 FR 41052, Aug. 16, percent of their useful life of charge) 1991; Amdt. 91–231, 57 FR 42672, Sept. 15, 1992; has expired, as established by the Amdt. 91–248, 61 FR 5171, Feb. 9, 1996; Amdt. transmitter manufacturer under its ap- 91–251, 61 FR 34560, July 2, 1996; Amdt. 91–285, proval. 69 FR 77599, Dec. 27, 2004; Amdt. 91–296, 72 FR 31679, June 7, 2007; Amdt. 91–309, 74 FR 42563, The new expiration date for replacing Aug. 21, 2009] (or recharging) the battery must be legibly marked on the outside of the § 91.207 Emergency locator transmit- transmitter and entered in the aircraft ters. maintenance record. Paragraph (c)(2) (a) Except as provided in paragraphs of this section does not apply to bat- (e) and (f) of this section, no person teries (such as water-activated bat- may operate a U.S.-registered civil air- teries) that are essentially unaffected plane unless— during probable storage intervals. (1) There is attached to the airplane (d) Each emergency locator trans- an approved automatic type emergency mitter 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- plane an approved personal type or an (2) Ferry an airplane with an inoper- approved automatic type emergency ative emergency locator transmitter locator transmitter that is in operable from a place where repairs or replace- condition, except that after June 21, ments cannot be made to a place where 1995, an emergency locator transmitter they can be made. that meets the requirements of TSO- No person other than required crew- C91 may not be used for new installa- members may be carried aboard an air- tions. plane being ferried under paragraph (e) (b) Each emergency locator trans- of this section. mitter required by paragraph (a) of this (f) Paragraph (a) of this section does section must be attached to the air- not apply to— plane in such a manner that the prob- (1) Before January 1, 2004, turbojet- ability of damage to the transmitter in powered aircraft; the event of crash impact is minimized. (2) Aircraft while engaged in sched- Fixed and deployable automatic type uled flights by scheduled air carriers; transmitters must be attached to the (3) Aircraft while engaged in training airplane as far aft as practicable. operations conducted entirely within a (c) Batteries used in the emergency 50-nautical mile radius of the airport locator transmitters required by para- from which such local flight operations graphs (a) and (b) of this section must began;

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(4) Aircraft while engaged in flight operations area of an airport unless the operations incident to design and test- aircraft— ing; (i) Is clearly illuminated; (5) New aircraft while engaged in (ii) Has lighted position lights; or flight operations incident to their man- (iii) is in an area that is marked by ufacture, preparation, and delivery; obstruction lights; (6) Aircraft while engaged in flight (3) Anchor an aircraft unless the air- operations incident to the aerial appli- craft— cation of chemicals and other sub- (i) Has lighted anchor lights; or stances for agricultural purposes; (ii) Is in an area where anchor lights (7) Aircraft certificated by the Ad- are not required on vessels; or ministrator for research and develop- (b) Operate an aircraft that is ment purposes; equipped with an anticollision light system, unless it has lighted anti- (8) Aircraft while used for showing collision lights. However, the anti- compliance with regulations, crew collision lights need not be lighted training, exhibition, air racing, or mar- when the pilot-in-command determines ket surveys; that, because of operating conditions, (9) Aircraft equipped to carry not it would be in the interest of safety to more than one person. turn the lights off. (10) An aircraft during any period for which the transmitter has been tempo- [Doc. No. 27806, 61 FR 5171, Feb. 9, 1996] rarily removed for inspection, repair, § 91.211 Supplemental oxygen. modification, or replacement, subject to the following: (a) General. No person may operate a (i) No person may operate the air- civil aircraft of U.S. registry— craft unless the aircraft records con- (1) At cabin pressure altitudes above tain an entry which includes the date 12,500 feet (MSL) up to and including 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 for that in view of the pilot to show ‘‘ELT not part of the flight at those altitudes installed.’’ that is of more than 30 minutes dura- (ii) No person may operate the air- tion; craft more than 90 days after the ELT (2) At cabin pressure altitudes above is initially removed from the aircraft; 14,000 feet (MSL) unless the required and minimum flight crew is provided with and uses supplemental oxygen during (11) On and after January 1, 2004, air- the entire flight time at those alti- craft with a maximum payload capac- tudes; and ity of more than 18,000 pounds when (3) At cabin pressure altitudes above used in air transportation. 15,000 feet (MSL) unless each occupant [Doc. No. 18334, 54 FR 34304, Aug. 18, 1989, as of the aircraft is provided with supple- amended by Amdt. 91–242, 59 FR 32057, June mental oxygen. 21, 1994; 59 FR 34578, July 6, 1994; Amdt. 91– (b) Pressurized cabin aircraft. (1) No 265, 65 FR 81319, Dec. 22, 2000; 66 FR 16316, person may operate a civil aircraft of Mar. 23, 2001] U.S. registry with a pressurized cabin— (i) At flight altitudes above flight § 91.209 Aircraft lights. level 250 unless at least a 10-minute No person may: supply of supplemental oxygen, in addi- (a) During the period from sunset to tion to any oxygen required to satisfy sunrise (or, in Alaska, during the pe- paragraph (a) of this section, is avail- riod a prominent unlighted object can- able for each occupant of the aircraft not be seen from a distance of 3 statute for use in the event that a descent is miles or the sun is more than 6 degrees necessitated by loss of cabin pressur- below the horizon)— ization; and (1) Operate an aircraft unless it has (ii) At flight altitudes above flight lighted position lights; level 350 unless one pilot at the con- (2) Park or move an aircraft in, or in trols of the airplane is wearing and dangerous proximity to, a night flight using an oxygen mask that is secured

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and sealed and that either supplies ox- (5) The aircraft is operated under all ygen at all times or automatically sup- applicable conditions and limitations plies oxygen whenever the cabin pres- contained in the Minimum Equipment sure altitude of the airplane exceeds List and the letter authorizing the use 14,000 feet (MSL), except that the one of the list. pilot need not wear and use an oxygen (b) The following instruments and mask while at or below flight level 410 equipment may not be included in a if there are two pilots at the controls Minimum Equipment List: and each pilot has a quick-donning (1) Instruments and equipment that type of oxygen mask that can be placed are either specifically or otherwise re- on the face with one hand from the quired by the airworthiness require- ready position within 5 seconds, sup- ments under which the aircraft is type plying oxygen and properly secured and certificated and which are essential for sealed. safe operations under all operating (2) Notwithstanding paragraph conditions. (b)(1)(ii) of this section, if for any rea- (2) Instruments and equipment re- son at any time it is necessary for one quired by an airworthiness directive to pilot to leave the controls of the air- be in operable condition unless the air- craft when operating at flight altitudes worthiness directive provides other- above flight level 350, the remaining wise. pilot at the controls shall put on and (3) Instruments and equipment re- use an oxygen mask until the other quired for specific operations by this pilot has returned to that crew- part. member’s station. (c) A person authorized to use an ap- proved Minimum Equipment List § 91.213 Inoperative instruments and issued for a specific aircraft under sub- equipment. part K of this part, part 121, 125, or 135 (a) Except as provided in paragraph of this chapter must use that Minimum (d) of this section, no person may take Equipment List to comply with the re- off an aircraft with inoperative instru- quirements in this section. ments or equipment installed unless (d) Except for operations conducted the following conditions are met: in accordance with paragraph (a) or (c) (1) An approved Minimum Equipment of this section, a person may takeoff an List exists for that aircraft. aircraft in operations conducted under (2) The aircraft has within it a letter this part with inoperative instruments of authorization, issued by the FAA and equipment without an approved Flight Standards district office having Minimum Equipment List provided— jurisdiction over the area in which the (1) The flight operation is conducted operator is located, authorizing oper- in a— ation of the aircraft under the Min- (i) Rotorcraft, non-turbine-powered imum Equipment List. The letter of airplane, glider, lighter-than-air air- authorization may be obtained by writ- craft, powered parachute, or weight- ten request of the airworthiness certifi- shift-control aircraft, for which a mas- cate holder. The Minimum Equipment ter minimum equipment list has not List and the letter of authorization been developed; or constitute a supplemental type certifi- (ii) Small rotorcraft, nonturbine- cate 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

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of Operations Equipment List for the may operate an aircraft in the airspace kind of flight operation being con- described in paragraphs (b)(1) through ducted; (b)(5) of this section, unless that air- (iii) Required by § 91.205 or any other craft is equipped with an operable rule of this part for the specific kind of coded radar beacon transponder having flight operation being conducted; or either Mode 3/A 4096 code capability, (iv) Required to be operational by an replying to Mode 3/A interrogations airworthiness directive; and with the code specified by ATC, or a (3) The inoperative instruments and Mode S capability, replying to Mode 3/ equipment are— A interrogations with the code speci- (i) Removed from the aircraft, the fied by ATC and intermode and Mode S cockpit control placarded, and the interrogations in accordance with the maintenance recorded in accordance applicable provisions specified in TSO with § 43.9 of this chapter; or C–112, and that aircraft is equipped (ii) Deactivated and placarded ‘‘Inop- with automatic pressure altitude re- erative.’’ If deactivation of the inoper- porting equipment having a Mode C ca- ative instrument or equipment in- pability that automatically replies to volves maintenance, it must be accom- Mode C interrogations by transmitting plished and recorded in accordance pressure altitude information in 100- with part 43 of this chapter; and foot increments. This requirement ap- (4) A determination is made by a plies— pilot, who is certificated and appro- (1) All aircraft. In Class A, Class B, priately rated under part 61 of this and Class C airspace areas; chapter, or by a person, who is certifi- (2) All aircraft. In all airspace within cated and appropriately rated to per- 30 nautical miles of an airport listed in form maintenance on the aircraft, that appendix D, section 1 of this part from the inoperative instrument or equip- the surface upward to 10,000 feet MSL; ment does not constitute a hazard to the aircraft. (3) Notwithstanding paragraph (b)(2) An aircraft with inoperative instru- of this section, any aircraft which was ments or equipment as provided in not originally certificated with an en- paragraph (d) of this section is consid- gine-driven electrical system or which ered to be in a properly altered condi- has not subsequently been certified tion acceptable to the Administrator. with such a system installed, balloon (e) Notwithstanding any other provi- or glider may conduct operations in sion of this section, an aircraft with in- the airspace within 30 nautical miles of operable instruments or equipment an airport listed in appendix D, section may be operated under a special flight 1 of this part provided such operations permit issued in accordance with are conducted— §§ 21.197 and 21.199 of this chapter. (i) Outside any Class A, Class B, or Class C airspace area; and [Doc. No. 18334, 54 FR 34304, Aug. 18, 1989, as (ii) Below the altitude of the ceiling amended by Amdt. 91–280, 68 FR 54560, Sept. 17, 2003; Amdt. 91–282, 69 FR 44880, July 27, of a Class B or Class C airspace area 2004] 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 or 135 of this chapter, ward to 10,000 feet MSL; and ATC transponder equipment installed (5) All aircraft except any aircraft must meet the performance and envi- which was not originally certificated ronmental requirements of any class of with an engine-driven electrical sys- TSO-C74b (Mode A) or any class of tem or which has not subsequently TSO-C74c (Mode A with altitude report- been certified with such a system in- ing capability) as appropriate, or the stalled, balloon, or glider— appropriate class of TSO-C112 (Mode S). (i) In all airspace of the 48 contiguous (b) All airspace. Unless otherwise au- states and the District of Columbia at thorized or directed by ATC, no person and above 10,000 feet MSL, excluding

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the airspace at and below 2,500 feet equipment associated with a radar bea- above the surface; and con transponder— (ii) In the airspace from the surface (1) When deactivation of that equip- to 10,000 feet MSL within a 10-nautical- ment is directed by ATC; mile radius of any airport listed in ap- (2) Unless, as installed, that equip- pendix D, section 2 of this part, exclud- ment was tested and calibrated to ing the airspace below 1,200 feet outside transmit altitude data corresponding of the lateral boundaries of the surface within 125 feet (on a 95 percent prob- area of the airspace designated for that ability basis) of the indicated or cali- airport. brated datum of the altimeter nor- (c) Transponder-on operation. While in mally used to maintain flight altitude, the airspace as specified in paragraph with that altimeter referenced to 29.92 (b) of this section or in all controlled inches of mercury for altitudes from airspace, each person operating an air- sea level to the maximum operating al- craft equipped with an operable ATC titude of the aircraft; or transponder maintained in accordance (3) Unless the altimeters and with § 91.413 of this part shall operate digitizers in that equipment meet the the transponder, including Mode C standards of TSO-C10b and TSO-C88, re- equipment if installed, and shall reply spectively. on the appropriate code or as assigned (b) No person may operate any auto- by ATC. matic pressure altitude reporting (d) ATC authorized deviations. Re- equipment associated with a radar bea- quests for ATC authorized deviations con transponder or with ADS–B Out must be made to the ATC facility hav- equipment unless the pressure altitude ing jurisdiction over the concerned air- reported for ADS–B Out and Mode C/S space within the time periods specified is derived from the same source for air- as follows: craft equipped with both a transponder (1) For operation of an aircraft with and ADS–B Out. an operating transponder but without [Docket No. 18334, 54 FR 34304, Aug. 18, 1989, operating automatic pressure altitude as amended by Admt. 91–314, 75 FR 30193, reporting equipment having a Mode C May 28, 2010] capability, the request may be made at any time. § 91.219 Altitude alerting system or de- (2) For operation of an aircraft with vice: Turbojet-powered civil air- an inoperative transponder to the air- planes. port of ultimate destination, including (a) Except as provided in paragraph any intermediate stops, or to proceed (d) of this section, no person may oper- to a place where suitable repairs can be ate a turbojet-powered U.S.-registered made or both, the request may be made civil airplane unless that airplane is at any time. equipped with an approved altitude (3) For operation of an aircraft that alerting system or device that is in op- is not equipped with a transponder, the erable condition and meets the require- request must be made at least one hour ments of paragraph (b) of this section. before the proposed operation. (b) Each altitude alerting system or device required by paragraph (a) of this (Approved by the Office of Management and Budget under control number 2120–0005) section must be able to— (1) Alert the pilot— [Doc. No. 18334, 54 FR 34304, Aug. 18, 1989, as (i) Upon approaching a preselected amended by Amdt. 91–221, 56 FR 469, Jan. 4, altitude in either ascent or descent, by 1991; Amdt. 91–227, 56 FR 65660, Dec. 17, 1991; a sequence of both aural and visual sig- Amdt. 91–227, 7 FR 328, Jan. 3, 1992; Amdt. 91– 229, 57 FR 34618, Aug. 5, 1992; Amdt. 91–267, 66 nals in sufficient time to establish FR 21066, Apr. 27, 2001] level flight at that preselected alti- tude; or § 91.217 Data correspondence between (ii) Upon approaching a preselected automatically reported pressure al- altitude in either ascent or descent, by titude data and the pilot’s altitude a sequence of visual signals in suffi- reference. cient time to establish level flight at (a) No person may operate any auto- that preselected altitude, and when de- matic pressure altitude reporting viating above and below that

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preselected altitude, by an aural sig- (6) Conducting a sales demonstration nal; of the operation of the airplane. (2) Provide the required signals from (7) Training foreign flight crews in sea level to the highest operating alti- the operation of the airplane before tude approved for the airplane in which ferrying it to a place outside the it is installed; United States for the purpose of reg- (3) Preselect altitudes in increments istering it in a foreign country. that are commensurate with the alti- [Doc. No. 18334, 54 FR 34304, Aug. 18, 1989, as tudes at which the aircraft is operated; amended by Amdt. 91–296, 72 FR 31679, June (4) Be tested without special equip- 7, 2007] ment to determine proper operation of the alerting signals; and § 91.221 Traffic alert and collision (5) Accept necessary barometric pres- avoidance system equipment and sure settings if the system or device use. operates on barometric pressure. How- (a) All airspace: U.S.-registered civil ever, for operation below 3,000 feet aircraft. Any traffic alert and collision AGL, the system or device need only avoidance system installed in a U.S.- provide one signal, either visual or registered civil aircraft must be ap- aural, to comply with this paragraph. proved by the Administrator. A radio altimeter may be included to (b) Traffic alert and collision avoidance provide the signal if the operator has system, operation required. Each person an approved procedure for its use to de- operating an aircraft equipped with an termine DA/DH or MDA, as appro- operable traffic alert and collision priate. avoidance system shall have that sys- (c) Each operator to which this sec- tem on and operating. tion applies must establish and assign procedures for the use of the altitude § 91.223 Terrain awareness and warn- alerting system or device and each ing system. flight crewmember must comply with (a) Airplanes manufactured after March those procedures assigned to him. 29, 2002. Except as provided in para- (d) Paragraph (a) of this section does graph (d) of this section, no person may not apply to any operation of an air- operate a turbine-powered U.S.-reg- plane that has an experimental certifi- istered airplane configured with six or cate or to the operation of any airplane more passenger seats, excluding any for the following purposes: pilot seat, unless that airplane is (1) Ferrying a newly acquired air- equipped with an approved terrain plane from the place where possession awareness and warning system that as of it was taken to a place where the al- a minimum meets the requirements for titude alerting system or device is to Class B equipment in Technical Stand- be installed. ard Order (TSO)–C151. (2) Continuing a flight as originally (b) Airplanes manufactured on or before planned, if the altitude alerting system March 29, 2002. Except as provided in or device becomes inoperative after the paragraph (d) of this section, no person airplane has taken off; however, the may operate a turbine-powered U.S.- flight may not depart from a place registered airplane configured with six where repair or replacement can be or more passenger seats, excluding any made. pilot seat, after March 29, 2005, unless (3) Ferrying an airplane with any in- that airplane is equipped with an ap- operative altitude alerting system or proved terrain awareness and warning device from a place where repairs or re- system that as a minimum meets the placements cannot be made to a place requirements for Class B equipment in where it can be made. Technical Standard Order (TSO)–C151. (4) Conducting an airworthiness flight test of the airplane. (Approved by the Office of Management and Budget under control number 2120–0631) (5) Ferrying an airplane to a place outside the United States for the pur- (c) Airplane Flight Manual. The Air- pose of registering it in a foreign coun- plane Flight Manual shall contain ap- try. propriate procedures for—

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(1) The use of the terrain awareness quirements in paragraph (b) of this sec- and warning system; and tion: (2) Proper flight crew reaction in re- (1) Class B and Class C airspace areas; sponse to the terrain awareness and (2) Except as provided for in para- warning system audio and visual warn- graph (e) of this section, within 30 nau- ings. tical miles of an airport listed in ap- (d) Exceptions. Paragraphs (a) and (b) pendix D, section 1 to this part from of this section do not apply to— the surface upward to 10,000 feet MSL; (1) Parachuting operations when con- (3) Above the ceiling and within the ducted entirely within a 50 nautical lateral boundaries of a Class B or Class mile radius of the airport from which C airspace area designated for an air- such local flight operations began. port upward to 10,000 feet MSL; (2) Firefighting operations. (4) Except as provided in paragraph (3) Flight operations when incident (e) of this section, Class E airspace to the aerial application of chemicals within the 48 contiguous states and the and other substances. District of Columbia at and above [Doc. No. 29312, 65 FR 16755, Mar. 29, 2000] 10,000 feet MSL, excluding the airspace at and below 2,500 feet above the sur- § 91.225 Automatic Dependent Surveil- face; and lance-Broadcast (ADS–B) Out equip- (5) Class E airspace at and above 3,000 ment and use. feet MSL over the Gulf of Mexico from (a) After January 1, 2020, and unless the coastline of the United States out otherwise authorized by ATC, no per- to 12 nautical miles. son may operate an aircraft in Class A (e) The requirements of paragraph (b) airspace unless the aircraft has equip- of this section do not apply to any air- ment installed that— craft that was not originally certifi- (1) Meets the requirements in TSO– cated with an electrical system, or C166b, Extended Squitter Automatic that has not subsequently been cer- Dependent Surveillance-Broadcast tified with such a system installed, in- (ADS–B) and Traffic Information Serv- cluding balloons and gliders. These air- ice-Broadcast (TIS–B) Equipment Oper- craft may conduct operations without ating on the Radio Frequency of 1090 ADS–B Out in the airspace specified in Megahertz (MHz); and paragraphs (d)(2) and (d)(4) of this sec- (2) Meets the requirements of § 91.227. tion. Operations authorized by this sec- (b) After January 1, 2020, and unless tion must be conducted— otherwise authorized by ATC, no per- (1) Outside any Class B or Class C air- son may operate an aircraft below space area; and 18,000 feet MSL and in airspace de- (2) Below the altitude of the ceiling scribed in paragraph (d) of this section of a Class B or Class C airspace area unless the aircraft has equipment in- designated for an airport, or 10,000 feet stalled that— MSL, whichever is lower. (1) Meets the requirements in— (f) Each person operating an aircraft (i) TSO–C166b; or equipped with ADS–B Out must operate (ii) TSO–C154c, Universal Access this equipment in the transmit mode Transceiver (UAT) Automatic Depend- at all times. ent Surveillance-Broadcast (ADS–B) (g) Requests for ATC authorized devi- Equipment Operating on the Frequency ations from the requirements of this of 978 MHz; section must be made to the ATC facil- (2) Meets the requirements of § 91.227. ity having jurisdiction over the con- (c) Operators with equipment in- cerned airspace within the time periods stalled with an approved deviation specified as follows: under § 21.609 of this chapter also are in (1) For operation of an aircraft with compliance with this section. an inoperative ADS–B Out, to the air- (d) After January 1, 2020, and unless port of ultimate destination, including otherwise authorized by ATC, no per- any intermediate stops, or to proceed son may operate an aircraft in the fol- to a place where suitable repairs can be lowing airspace unless the aircraft has made or both, the request may be made equipment installed that meets the re- at any time.

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(2) For operation of an aircraft that Operational Performance Standards for is not equipped with ADS–B Out, the Universal Access Transceiver (UAT) request must be made at least 1 hour Automatic Dependent Surveillance- before the proposed operation. Broadcast (ADS–B), December 2, 2009 (h) The standards required in this (referenced in TSO C–154c) may be ob- section are incorporated by reference tained from RTCA, Inc., 1828 L Street, with the approval of the Director of the NW., Suite 805, Washington, DC 20036– Office of the Federal Register under 5 5133, telephone 202–833–9339. Copies of U.S.C. 552(a) and 1 CFR part 51. All ap- RTCA DO–260B and RTCA DO–282B are proved materials are available for in- also available on RTCA Inc.’s Web site, spection at the FAA’s Office of Rule- at http://www.rtca.org/onlinecart/ making (ARM–1), 800 Independence Av- allproducts.cfm. enue, SW., Washington, DC 20590 (tele- phone 202–267–9677), or at the National [Doc. No. FAA–2007–29305, 75 FR 30193, May 28, 2010; Amdt. 91–314–A, 75 FR 37712, June 30, Archives and Records Administration 2010] (NARA). For information on the avail- ability of this material at NARA, call EFFECTIVE DATE NOTE: At 75 FR 37712, June 202–741–6030, or go to http:// 30, 2010, § 91.225(c) was amended by revising ‘‘§ 21.609’’ to read ‘‘§ 21.618’’, effective Apr. 16, www.archives.gov/federallregister/ 2011. codeloflfederallregulations/ ibrllocations.html. This material is also § 91.227 Automatic Dependent Surveil- available from the sources indicated in lance-Broadcast (ADS–B) Out equip- paragraphs (h)(1) and (h)(2) of this sec- ment performance requirements. tion. (a) Definitions. For the purposes of (1) Copies of Technical Standard this section: Order (TSO)–C166b, Extended Squitter ADS–B Out is a function of an air- Automatic Dependent Surveillance- craft’s onboard avionics that periodi- Broadcast (ADS–B) and Traffic Infor- cally broadcasts the aircraft’s state mation Service-Broadcast (TIS–B) vector (3-dimensional position and 3-di- Equipment Operating on the Radio mensional velocity) and other required Frequency of 1090 Megahertz (MHz) information as described in this sec- (December 2, 2009) and TSO–C154c, Uni- tion. versal Access Transceiver (UAT) Auto- matic Dependent Surveillance-Broad- Navigation Accuracy Category for Posi- cast (ADS–B) Equipment Operating on tion (NACP) specifies the accuracy of a the Frequency of 978 MHz (December 2, reported aircraft’s position, as defined 2009) may be obtained from the U.S. in TSO–C166b and TSO–C154c. Department of Transportation, Subse- Navigation Accuracy Category for Ve- quent Distribution Office, DOT Ware- locity (NACV) specifies the accuracy of a house M30, Ardmore East Business Cen- reported aircraft’s velocity, as defined ter, 3341 Q 75th Avenue, Landover, MD in TSO–C166b and TSO–C154c. 20785; telephone (301) 322–5377. Copies of Navigation Integrity Category (NIC) TSO –C166B and TSO–C154c are also specifies an integrity containment ra- available on the FAA’s Web site, at dius around an aircraft’s reported posi- http://www.faa.gov/aircraft/airlcert/ tion, as defined in TSO–C166b and TSO– designlapprovals/tso/. Select the link C154c. ‘‘Search Technical Standard Orders.’’ Position Source refers to the equip- (2) Copies of Section 2, Equipment ment installed onboard an aircraft used Performance Requirements and Test to process and provide aircraft position Procedures, of RTCA DO–260B, Min- (for example, latitude, longitude, and imum Operational Performance Stand- velocity) information. ards for 1090 MHz Extended Squitter Source Integrity Level (SIL) indicates Automatic Dependent Surveillance- the probability of the reported hori- Broadcast (ADS–B) and Traffic Infor- zontal position exceeding the contain- mation Services-Broadcast (TIS–B), ment radius defined by the NIC on a December 2, 2009 (referenced in TSO– per sample or per hour basis, as defined C166b) and Section 2, Equipment Per- in TSO–C166b and TSO–C154c. formance Requirements and Test Pro- System Design Assurance (SDA) indi- cedures, of RTCA DO–282B, Minimum cates the probability of an aircraft

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malfunction causing false or mis- must broadcast the following informa- leading information to be transmitted, tion, as defined in TSO–C166b or TSO– as defined in TSO–C166b and TSO– C154c. The pilot must enter informa- C154c. tion for message elements listed in Total latency is the total time be- paragraphs (d)(7) through (d)(10) of this tween when the position is measured section during the appropriate phase of and when the position is transmitted flight. by the aircraft. (1) The length and width of the air- Uncompensated latency is the time for craft; which the aircraft does not compensate (2) An indication of the aircraft’s for latency. latitude and longitude; (b) 1090 MHz ES and UAT Broadcast (3) An indication of the aircraft’s bar- Links and Power Requirements— ometric pressure altitude; (1) Aircraft operating in Class A air- (4) An indication of the aircraft’s ve- space must have equipment installed locity; that meets the antenna and power out- (5) An indication if TCAS II or ACAS put requirements of Class A1, A1S, A2, is installed and operating in a mode A3, B1S, or B1 equipment as defined in that can generate resolution advisory TSO–C166b, Extended Squitter Auto- alerts; matic Dependent Surveillance-Broad- (6) If an operable TCAS II or ACAS is cast (ADS–B) and Traffic Information installed, an indication if a resolution Service-Broadcast (TIS–B) Equipment advisory is in effect; Operating on the Radio Frequency of (7) An indication of the Mode 3/A 1090 Megahertz (MHz). transponder code specified by ATC; (2) Aircraft operating in airspace des- (8) An indication of the aircraft’s call ignated for ADS–B Out, but outside of sign that is submitted on the flight Class A airspace, must have equipment plan, or the aircraft’s registration installed that meets the antenna and number, except when the pilot has not output power requirements of either: filed a flight plan, has not requested (i) Class A1, A1S, A2, A3, B1S, or B1 ATC services, and is using a TSO–C154c as defined in TSO–C166b; or self-assigned temporary 24-bit address; (ii) Class A1H, A1S, A2, A3, B1S, or B1 (9) An indication if the flightcrew has equipment as defined in TSO–C154c, identified an emergency, radio commu- Universal Access Transceiver (UAT) nication failure, or unlawful inter- Automatic Dependent Surveillance– ference; Broadcast (ADS–B) Equipment Oper- (10) An indication of the aircraft’s ating on the Frequency of 978 MHz. ‘‘IDENT’’ to ATC; (c) ADS–B Out Performance Require- (11) An indication of the aircraft as- ments for NAC P, NACV, NIC, SDA, and signed ICAO 24-bit address, except SIL— when the pilot has not filed a flight (1) For aircraft broadcasting ADS–B plan, has not requested ATC services, Out as required under § 91.225 (a) and and is using a TSO–C154c self-assigned (b)— temporary 24-bit address; (i) The aircraft’s NACP must be less (12) An indication of the aircraft’s than 0.05 nautical miles; emitter category; (ii) The aircraft’s NACV must be less (13) An indication of whether an than 10 meters per second; ADS–B In capability is installed; (iii) The aircraft’s NIC must be less (14) An indication of the aircraft’s than 0.2 nautical miles; geometric altitude; (iv) The aircraft’s SDA must be 2; (15) An indication of the Navigation and Accuracy Category for Position (v) The aircraft’s SIL must be 3. (NACP); (2) Changes in NACP, NACV, SDA, and (16) An indication of the Navigation SIL must be broadcast within 10 sec- Accuracy Category for Velocity onds. (NACV); (3) Changes in NIC must be broadcast (17) An indication of the Navigation within 12 seconds. Integrity Category (NIC); (d) Minimum Broadcast Message Ele- (18) An indication of the System De- ment Set for ADS–B Out. Each aircraft sign Assurance (SDA); and

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(19) An indication of the Source In- cast (ADS–B) Equipment Operating on tegrity Level (SIL). the Frequency of 978 MHz (December 2, (e) ADS–B Latency Requirements— 2009) may be obtained from the U.S. (1) The aircraft must transmit its Department of Transportation, Subse- geometric position no later than 2.0 quent Distribution Office, DOT Ware- seconds from the time of measurement house M30, Ardmore East Business Cen- of the position to the time of trans- ter, 3341 Q 75th Avenue, Landover, MD mission. 20785; telephone (301) 322–5377. Copies of (2) Within the 2.0 total latency allo- TSO –C166B and TSO–C154c are also cation, a maximum of 0.6 seconds can available on the FAA’s Web site, at be uncompensated latency. The air- http://www.faa.gov/aircraft/airlcert/ craft must compensate for any latency designlapprovals/tso/. Select the link above 0.6 seconds up to the maximum ‘‘Search Technical Standard Orders.’’ 2.0 seconds total by extrapolating the (2) Copies of Section 2, Equipment geometric position to the time of mes- Performance Requirements and Test sage transmission. Procedures, of RTCA DO–260B, Min- (3) The aircraft must transmit its po- imum Operational Performance Stand- sition and velocity at least once per ards for 1090 MHz Extended Squitter second while airborne or while moving Automatic Dependent Surveillance- on the airport surface. Broadcast (ADS–B) and Traffic Infor- (4) The aircraft must transmit its po- mation Services-Broadcast (TIS–B), sition at least once every 5 seconds December 2, 2009 (referenced in TSO– while stationary on the airport surface. C166b) and Section 2, Equipment Per- (f) Equipment with an approved devi- formance Requirements and Test Pro- ation. Operators with equipment in- cedures, of RTCA DO–282B, Minimum stalled with an approved deviation Operational Performance Standards for under § 21.609 of this chapter also are in Universal Access Transceiver (UAT) compliance with this section. Automatic Dependent Surveillance- (g) Incorporation by Reference. The Broadcast (ADS–B), December 2, 2009 standards required in this section are (referenced in TSO C–154c) may be ob- incorporated by reference with the ap- tained from RTCA, Inc., 1828 L Street, proval of the Director of the Office of NW., Suite 805, Washington, DC 20036– the Federal Register under 5 U.S.C. 5133, telephone 202–833–9339. Copies of 552(a) and 1 CFR part 51. All approved RTCA DO–260B and RTCA DO–282B are materials are available for inspection also available on RTCA Inc.’s Web site, at the FAA’s Office of Rulemaking at http://www.rtca.org/onlinecart/ (ARM–1), 800 Independence Avenue, allproducts.cfm. SW., Washington, DC 20590 (telephone 202–267–9677), or at the National Ar- [Doc. No. FAA–2007–29305, 75 FR 30194, May 28, 2010; Amdt. 91–314–A, 75 FR 37712, June 30, chives and Records Administration 2010] (NARA). For information on the avail- ability of this material at NARA, call EFFECTIVE DATE NOTE: At 75 FR 37712, June 202–741–6030, or go to http:// 30, 2010, § 91.227(f) was amended by revising www.archives.gov/federallregister/ ‘‘§ 21.609’’ to read ‘‘§ 21.618’’, effective Apr. 16, 2011. codeloflfederallregulations/ ibrllocations.html. This material is also §§ 91.228–91.299 [Reserved] available from the sources indicated in paragraphs (g)(1) and (g)(2) of this sec- tion. Subpart D—Special Flight (1) Copies of Technical Standard Operations Order (TSO)–C166b, Extended Squitter Automatic Dependent Surveillance– SOURCE: Docket No. 18334, 54 FR 34308, Aug. Broadcast (ADS–B) and Traffic Infor- 18, 1989, unless otherwise noted. mation Service–Broadcast (TIS–B) Equipment Operating on the Radio § 91.301 [Reserved] Frequency of 1090 Megahertz (MHz) (December 2, 2009) and TSO–C154c, Uni- § 91.303 Aerobatic flight. versal Access Transceiver (UAT) Auto- No person may operate an aircraft in matic Dependent Surveillance–Broad- aerobatic flight—

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(a) Over any congested area of a city, no pilot of a civil aircraft carrying any town, or settlement; person (other than a crewmember) may (b) Over an open air assembly of per- execute any intentional maneuver that sons; exceeds— (c) Within the lateral boundaries of (1) A bank of 60 degrees relative to the surface areas of Class B, Class C, the horizon; or Class D, or Class E airspace designated (2) A nose-up or nose-down attitude for an airport; of 30 degrees relative to the horizon. (d) Within 4 nautical miles of the (d) Paragraph (c) of this section does center line of any Federal airway; not apply to— (e) Below an altitude of 1,500 feet (1) Flight tests for pilot certification above the surface; or or rating; or (f) When flight visibility is less than (2) Spins and other flight maneuvers 3 statute miles. required by the regulations for any cer- For the purposes of this section, aero- tificate or rating when given by— batic flight means an intentional ma- (i) A certificated flight instructor; or neuver involving an abrupt change in (ii) An airline transport pilot in- an aircraft’s attitude, an abnormal at- structing in accordance with § 61.67 of titude, or abnormal acceleration, not this chapter. necessary for normal flight. (e) For the purposes of this section, [Doc. No. 18834, 54 FR 34308, Aug. 18, 1989, as approved parachute means— amended by Amdt. 91–227, 56 FR 65661, Dec. (1) A parachute manufactured under 17, 1991] a type certificate or a technical stand- ard order (C–23 series); or § 91.305 Flight test areas. (2) A personnel-carrying military No person may flight test an aircraft parachute identified by an NAF, AAF, except over open water, or sparsely or AN drawing number, an AAF order populated areas, having light air traf- number, or any other military designa- fic. tion or specification number. [Doc. No. 18334, 54 FR 34308, Aug. 18, 1989, as § 91.307 Parachutes and parachuting. amended by Amdt. 91–255, 62 FR 68137, Dec. (a) No pilot of a civil aircraft may 30, 1997; Amdt. 91–268, 66 FR 23553, May 9, allow a parachute that is available for 2001; Amdt. 91–305, 73 FR 69530, Nov. 19, 2008] emergency use to be carried in that aircraft unless it is an approved type § 91.309 Towing: Gliders and and has been packed by a certificated unpowered ultralight vehicles. and appropriately rated parachute rig- (a) No person may operate a civil air- ger— craft towing a glider or unpowered (1) Within the preceding 180 days, if ultralight vehicle unless— its canopy, shrouds, and harness are (1) The pilot in command of the tow- composed exclusively of nylon, rayon, ing aircraft is qualified under § 61.69 of or other similar synthetic fiber or ma- this chapter; terials that are substantially resistant (2) The towing aircraft is equipped to damage from mold, mildew, or other with a tow-hitch of a kind, and in- fungi and other rotting agents propa- stalled in a manner, that is approved gated in a moist environment; or by the Administrator; (2) Within the preceding 60 days, if (3) The towline used has breaking any part of the parachute is composed strength not less than 80 percent of the of silk, pongee, or other natural fiber maximum certificated operating or materials not specified in paragraph weight of the glider or unpowered (a)(1) of this section. ultralight vehicle and not more than (b) Except in an emergency, no pilot twice this operating weight. However, in command may allow, and no person the towline used may have a breaking may conduct, a parachute operation strength more than twice the max- from an aircraft within the United imum certificated operating weight of States except in accordance with part the glider or unpowered ultralight ve- 105 of this chapter. hicle if— (c) Unless each occupant of the air- (i) A safety link is installed at the craft is wearing an approved parachute, point of attachment of the towline to

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the glider or unpowered ultralight ve- § 91.313 Restricted category civil air- hicle with a breaking strength not less craft: Operating limitations. than 80 percent of the maximum cer- (a) No person may operate a re- tificated operating weight of the glider stricted category civil aircraft— or unpowered ultralight vehicle and (1) For other than the special purpose not greater than twice this operating for which it is certificated; or weight; (2) In an operation other than one (ii) 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 towing aircraft with a breaking special purpose. strength greater, but not more than 25 (b) For the purpose of paragraph (a) percent greater, than that of the safety of this section, operating a restricted link at the towed glider or unpowered category civil aircraft to provide flight ultralight vehicle end of the towline crewmember training in a special pur- and not greater than twice the max- pose operation for which the aircraft is imum certificated operating weight of certificated is considered to be an oper- the glider or unpowered ultralight ve- ation for that special purpose. hicle; (c) No person may operate a re- (4) Before conducting any towing op- stricted category civil aircraft car- eration within the lateral boundaries rying persons or property for com- of the surface areas of Class B, Class C, pensation or hire. For the purposes of Class D, or Class E airspace designated this paragraph, a special purpose oper- ation involving the carriage of persons for an airport, or before making each or material necessary to accomplish towing flight within such controlled that operation, such as crop dusting, airspace if required by ATC, the pilot seeding, spraying, and banner towing in command notifies the control tower. (including the carrying of required per- If a control tower does not exist or is sons or material to the location of that not in operation, the pilot in command operation), and operation for the pur- must notify the FAA flight service sta- pose of providing flight crewmember tion serving that controlled airspace training in a special purpose operation, before conducting any towing oper- are not considered to be the carriage of ations in that airspace; and persons or property for compensation (5) The pilots of the towing aircraft or hire. and the glider or unpowered ultralight (d) No person may be carried on a re- vehicle have agreed upon a general stricted category civil aircraft unless course of action, including takeoff and that person— release signals, airspeeds, and emer- (1) Is a flight crewmember; gency procedures for each pilot. (2) Is a flight crewmember trainee; (b) No pilot of a civil aircraft may in- (3) Performs an essential function in tentionally release a towline, after re- connection with a special purpose oper- lease of a glider or unpowered ultra- ation for which the aircraft is certifi- light vehicle, in a manner that endan- cated; or gers the life or property of another. (4) Is necessary to accomplish the work activity directly associated with [Doc. No. 18834, 54 FR 34308, Aug. 18, 1989, as that special purpose. amended by Amdt. 91–227, 56 FR 65661, Dec. (e) Except when operating in accord- 17, 1991; Amdt. 91–282, 69 FR 44880, July 27, ance with the terms and conditions of 2004] a certificate of waiver or special oper- § 91.311 Towing: Other than under ating limitations issued by the Admin- § 91.309. istrator, no person may operate a re- stricted category civil aircraft within No pilot of a civil aircraft may tow the United States— anything with that aircraft (other than (1) Over a densely populated area; under § 91.309) except in accordance (2) In a congested airway; or with the terms of a certificate of waiv- (3) Near a busy airport where pas- er issued by the Administrator. senger transport operations are con- ducted.

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(f) This section does not apply to (1) In direct conjunction with the nonpassenger-carrying civil rotorcraft type or supplemental type certification external-load operations conducted of that aircraft; under part 133 of this chapter. (2) For training flight crews, includ- (g) No person may operate a small re- ing simulated air carrier operations; stricted-category civil airplane manu- (3) Demonstration flight by the man- factured after July 18, 1978, unless an ufacturer for prospective purchasers; approved shoulder harness is installed (4) Market surveys by the manufac- for each front seat. The shoulder har- turer; ness must be designed to protect each (5) Flight checking of instruments, occupant from serious head injury accessories, and equipment that do not when the occupant experiences the ul- affect the basic airworthiness of the timate inertia forces specified in aircraft; or § 23.561(b)(2) of this chapter. The shoul- (6) Service testing of the aircraft. der harness installation at each flight (e) Each person operating a provi- crewmember station must permit the sionally certificated civil aircraft shall crewmember, when seated and with the operate within the prescribed limita- safety belt and shoulder harness fas- tions displayed in the aircraft or set tened, to perform all functions nec- forth in the provisional aircraft flight essary for flight operation. For pur- manual or other appropriate document. poses of this paragraph— However, when operating in direct con- (1) The date of manufacture of an air- junction with the type or supplemental plane is the date the inspection accept- type certification of the aircraft, that ance records reflect that the airplane is person shall operate under the experi- complete and meets the FAA-approved mental aircraft limitations of § 21.191 of type design data; and this chapter and when flight testing, (2) A front seat is a seat located at a shall operate under the requirements of flight crewmember station or any seat § 91.305 of this part. located alongside such a seat. (f) Each person operating a provision- ally certificated civil aircraft shall es- § 91.315 Limited category civil aircraft: tablish approved procedures for— Operating limitations. (1) The use and guidance of flight and No person may operate a limited cat- ground personnel in operating under egory civil aircraft carrying persons or this section; and property for compensation or hire. (2) Operating in and out of airports where takeoffs or approaches over pop- § 91.317 Provisionally certificated civil ulated areas are necessary. No person aircraft: Operating limitations. may operate that aircraft except in (a) No person may operate a provi- compliance with the approved proce- sionally certificated civil aircraft un- dures. less that person is eligible for a provi- (g) Each person operating a provi- sional airworthiness certificate under sionally certificated civil aircraft shall § 21.213 of this chapter. ensure that each flight crewmember is (b) No person may operate a provi- properly certificated and has adequate sionally certificated civil aircraft out- knowledge of, and familiarity with, the side the United States unless that per- aircraft and procedures to be used by son has specific authority to do so from that crewmember. the Administrator and each foreign (h) Each person operating a provi- country involved. sionally certificated civil aircraft shall (c) Unless otherwise authorized by maintain it as required by applicable the Director, Flight Standards Service, regulations and as may be specially no person may operate a provisionally prescribed by the Administrator. certificated civil aircraft in air trans- (i) Whenever the manufacturer, or portation. the Administrator, determines that a (d) Unless otherwise authorized by change in design, construction, or oper- the Administrator, no person may op- ation is necessary to ensure safe oper- erate a provisionally certificated civil ation, no person may operate a provi- aircraft except— sionally certificated civil aircraft until

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that change has been made and ap- (d) Each person operating an aircraft proved. Section 21.99 of this chapter ap- that has an experimental certificate plies to operations under this section. shall— (j) Each person operating a provision- (1) Advise each person carried of the ally certificated civil aircraft— experimental nature of the aircraft; (1) May carry in that aircraft only (2) Operate under VFR, day only, un- persons who have a proper interest in less otherwise specifically authorized the operations allowed by this section by the Administrator; and or who are specifically authorized by (3) Notify the control tower of the ex- both the manufacturer and the Admin- perimental nature of the aircraft when istrator; and operating the aircraft into or out of (2) Shall advise each person carried airports with operating control towers. that the aircraft is provisionally cer- (e) No person may operate an aircraft tificated. (k) The Administrator may prescribe that is issued an experimental certifi- additional limitations or procedures cate under § 21.191(i) of this chapter for that the Administrator considers nec- compensation or hire, except a person essary, including limitations on the may operate an aircraft issued an ex- number of persons who may be carried perimental certificate under in the aircraft. § 21.191(i)(1) for compensation or hire to— (Approved by the Office of Management and (1) Tow a glider that is a light-sport Budget under control number 2120–0005) aircraft or unpowered ultralight vehi- [Doc. No. 18334, 54 FR 34308, Aug. 18, 1989, as cle in accordance with § 91.309; or amended by Amdt. 91–212, 54 FR 39293, Sept. (2) Conduct flight training in an air- 25, 1989] craft which that person provides prior § 91.319 Aircraft having experimental to January 31, 2010. certificates: Operating limitations. (f) No person may lease an aircraft that is issued an experimental certifi- (a) No person may operate an aircraft cate under § 21.191(i) of this chapter, ex- that has an experimental certificate— cept in accordance with paragraph (1) For other than the purpose for (e)(1) of this section. which the certificate was issued; or (2) Carrying persons or property for (g) No person may operate an aircraft compensation or hire. issued an experimental certificate (b) No person may operate an aircraft under § 21.191(i)(1) of this chapter to that has an experimental certificate tow a glider that is a light-sport air- outside of an area assigned by the Ad- craft or unpowered ultralight vehicle ministrator until it is shown that— for compensation or hire or to conduct (1) The aircraft is controllable flight training for compensation or throughout its normal range of speeds hire in an aircraft which that persons and throughout all the maneuvers to provides unless within the preceding be executed; and 100 hours of time in service the aircraft (2) The aircraft has no hazardous op- has— erating characteristics or design fea- (1) Been inspected by a certificated tures. repairman (light-sport aircraft) with a (c) Unless otherwise authorized by maintenance rating, an appropriately the Administrator in special operating rated mechanic, or an appropriately limitations, no person may operate an rated repair station in accordance with aircraft that has an experimental cer- inspection procedures developed by the tificate over a densely populated area aircraft manufacturer or a person ac- or in a congested airway. The Adminis- ceptable to the FAA; or trator may issue special operating lim- (2) Received an inspection for the itations for particular aircraft to per- issuance of an airworthiness certificate mit takeoffs and landings to be con- in accordance with part 21 of this chap- ducted over a densely populated area or ter. in a congested airway, in accordance (h) The FAA may issue deviation au- with terms and conditions specified in thority providing relief from the provi- the authorization in the interest of sions of paragraph (a) of this section safety in air commerce. for the purpose of conducting flight

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training. The FAA will issue this devi- didate and election have the same mean- ation authority as a letter of deviation ing as provided by the applicable State authority. or local law and those terms relate to (1) The FAA may cancel or amend a candidates for election to public office letter of deviation authority at any in State and local government elec- time. tions. (2) An applicant must submit a re- quest for deviation authority to the [Doc. No. FAA–2005–20168, 70 FR 4982, Jan. 31, 2005] FAA at least 60 days before the date of intended operations. A request for devi- § 91.323 Increased maximum certifi- ation authority must contain a com- cated weights for certain airplanes plete description of the proposed oper- operated in Alaska. ation and justification that establishes a level of safety equivalent to that pro- (a) Notwithstanding any other provi- vided under the regulations for the de- sion of the Federal Aviation Regula- viation requested. tions, the Administrator will approve, (i) The Administrator may prescribe as provided in this section, an increase additional limitations that the Admin- in the maximum certificated weight of istrator considers necessary, including an airplane type certificated under limitations on the persons that may be Aeronautics Bulletin No. 7–A of the carried in the aircraft. U.S. Department of Commerce dated January 1, 1931, as amended, or under (Approved by the Office of Management and the normal category of part 4a of the Budget under control number 2120–0005) former Civil Air Regulations (14 CFR [Doc. No. 18334, 54 FR 34308, Aug. 18, 1989, as part 4a, 1964 ed.) if that airplane is op- amended by Amdt. 91–282, 69 FR 44881, July erated in the State of Alaska by— 27, 2004] (1) A certificate holder conducting operations under part 121 or part 135 of § 91.321 Carriage of candidates in elec- tions. this chapter; or (2) The U.S. Department of Interior (a) As an aircraft operator, you may in conducting its game and fish law en- receive payment for carrying a can- forcement activities or its manage- didate, agent of a candidate, or person ment, fire detection, and fire suppres- traveling on behalf of a candidate, run- sion activities concerning public lands. ning for Federal, State, or local elec- (b) The maximum certificated weight tion, without having to comply with approved under this section may not the rules in parts 121, 125 or 135 of this exceed— chapter, under the following condi- tions: (1) 12,500 pounds; (1) Your primary business is not as an (2) 115 percent of the maximum air carrier or commercial operator; weight listed in the FAA aircraft speci- (2) You carry the candidate, agent, or fications; person traveling on behalf of a can- (3) The weight at which the airplane didate, under the rules of part 91; and meets the positive maneuvering load (3) By Federal, state or local law, you factor requirement for the normal cat- are required to receive payment for egory specified in § 23.337 of this chap- carrying the candidate, agent, or per- ter; or son traveling on behalf of a candidate. (4) The weight at which the airplane For federal elections, the payment may meets the climb performance require- not exceed the amount required by the ments under which it was type certifi- Federal Election Commission. For a cated. state or local election, the payment (c) In determining the maximum cer- may not exceed the amount required tificated weight, the Administrator under the applicable state or local law. considers the structural soundness of (b) For the purposes of this section, the airplane and the terrain to be tra- for Federal elections, the terms can- versed. didate and election have the same mean- (d) The maximum certificated weight ing as set forth in the regulations of determined under this section is added the Federal Election Commission. For to the airplane’s operation limitations State or local elections, the terms can- and is identified as the maximum

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weight authorized for operations with- (3) The owner or operator complies in the State of Alaska. with all applicable airworthiness direc- tives; [Doc. No. 18334, 54 FR 34308, Aug. 18, 1989; Amdt. 91–211, 54 FR 41211, Oct. 5, 1989, as (4) The owner or operator complies amended by Amdt. 91–253, 62 FR 13253, Mar. with each safety directive applicable to 19, 1997] the aircraft that corrects an existing unsafe condition. In lieu of complying § 91.325 Primary category aircraft: Op- with a safety directive an owner or op- erating limitations. erator may— (a) No person may operate a primary (i) Correct the unsafe condition in a category aircraft carrying persons or manner different from that specified in property for compensation or hire. the safety directive provided the per- (b) No person may operate a primary son issuing the directive concurs with category aircraft that is maintained by the action; or the pilot-owner under an approved spe- (ii) Obtain an FAA waiver from the cial inspection and maintenance pro- provisions of the safety directive based gram except— on a conclusion that the safety direc- (1) The pilot-owner; or tive was issued without adhering to the (2) A designee of the pilot-owner, pro- applicable consensus standard; vided that the pilot-owner does not re- (5) Each alteration accomplished ceive compensation for the use of the after the aircraft’s date of manufacture aircraft. meets the applicable and current con- [Doc. No. 23345, 57 FR 41370, Sept. 9, 1992] sensus standard and has been author- ized by either the manufacturer or a § 91.327 Aircraft having a special air- person acceptable to the FAA; worthiness certificate in the light- (6) Each major alteration to an air- sport category: Operating limita- craft product produced under a con- tions. sensus standard is authorized, per- (a) No person may operate an aircraft formed and inspected in accordance that has a special airworthiness certifi- with maintenance and inspection pro- cate in the light-sport category for cedures developed by the manufacturer compensation or hire except— or a person acceptable to the FAA; and (1) To tow a glider or an unpowered (7) The owner or operator complies ultralight vehicle in accordance with with the requirements for the record- § 91.309 of this chapter; or ing of major repairs and major alter- (2) To conduct flight training. ations performed on type-certificated (b) No person may operate an aircraft products in accordance with § 43.9(d) of that has a special airworthiness certifi- this chapter, and with the retention re- cate in the light-sport category un- quirements in § 91.417. less— (c) No person may operate an aircraft (1) The aircraft is maintained by a issued a special airworthiness certifi- certificated repairman with a light- cate in the light-sport category to tow sport aircraft maintenance rating, an a glider or unpowered ultralight vehi- appropriately rated mechanic, or an cle for compensation or hire or conduct appropriately rated repair station in flight training for compensation or accordance with the applicable provi- hire in an aircraft which that persons sions of part 43 of this chapter and provides unless within the preceding maintenance and inspection procedures 100 hours of time in service the aircraft developed by the aircraft manufacturer has— or a person acceptable to the FAA; (1) Been inspected by a certificated (2) A condition inspection is per- repairman with a light-sport aircraft formed once every 12 calendar months maintenance rating, an appropriately by a certificated repairman (light-sport rated mechanic, or an appropriately aircraft) with a maintenance rating, an rated repair station in accordance with appropriately rated mechanic, or an inspection procedures developed by the appropriately rated repair station in aircraft manufacturer or a person ac- accordance with inspection procedures ceptable to the FAA and been approved developed by the aircraft manufacturer for return to service in accordance or a person acceptable to the FAA; with part 43 of this chapter; or

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(2) Received an inspection for the § 91.403 General. issuance of an airworthiness certificate (a) The owner or operator of an air- in accordance with part 21 of this chap- craft is primarily responsible for main- ter. taining that aircraft in an airworthy (d) Each person operating an aircraft condition, including compliance with issued a special airworthiness certifi- part 39 of this chapter. cate in the light-sport category must (b) No person may perform mainte- operate the aircraft in accordance with nance, preventive maintenance, or al- the aircraft’s operating instructions, terations on an aircraft other than as including any provisions for necessary prescribed in this subpart and other ap- operating equipment specified in the plicable regulations, including part 43 aircraft’s equipment list. of this chapter. (e) Each person operating an aircraft (c) No person may operate an aircraft issued a special airworthiness certifi- for which a manufacturer’s mainte- cate in the light-sport category must nance manual or instructions for con- advise each person carried of the spe- tinued airworthiness has been issued cial nature of the aircraft and that the that contains an airworthiness limita- aircraft does not meet the airworthi- tions section unless the mandatory re- ness requirements for an aircraft placement times, inspection intervals, issued a standard airworthiness certifi- and related procedures specified in that cate. section or alternative inspection inter- (f) The FAA may prescribe additional vals and related procedures set forth in limitations that it considers necessary. an operations specification approved by the Administrator under part 121 or [Doc. No. FAA–2001–11133, 69 FR 44881, July 135 of this chapter or in accordance 27, 2004] with an inspection program approved under § 91.409(e) have been complied §§ 91.328–91.399 [Reserved] with. (d) A person must not alter an air- Subpart E—Maintenance, Preven- craft based on a supplemental type cer- tive Maintenance, and Alter- tificate unless the owner or operator of ations the aircraft is the holder of the supple- mental type certificate, or has written permission from the holder. SOURCE: Docket No. 18334, 54 FR 34311, Aug. 18, 1989, unless otherwise noted. [Doc. No. 18334, 54 FR 34311, Aug. 18, 1989, as amended by Amdt. 91–267, 66 FR 21066, Apr. § 91.401 Applicability. 27, 2001; Amdt. 91–293, 71 FR 56005, Sept. 26, 2006] (a) This subpart prescribes rules gov- erning the maintenance, preventive § 91.405 Maintenance required. maintenance, and alterations of U.S.- registered civil aircraft operating with- Each owner or operator of an air- craft— in or outside of the United States. (a) Shall have that aircraft inspected (b) Sections 91.405, 91.409, 91.411, as prescribed in subpart E of this part 91.417, and 91.419 of this subpart do not and shall between required inspections, apply to an aircraft maintained in ac- except as provided in paragraph (c) of cordance with a continuous airworthi- this section, have discrepancies re- ness maintenance program as provided paired as prescribed in part 43 of this in part 121, 129, or §§ 91.1411 or chapter; 135.411(a)(2) of this chapter. (b) Shall ensure that maintenance (c) Sections 91.405 and 91.409 of this personnel make appropriate entries in part do not apply to an airplane in- the aircraft maintenance records indi- spected in accordance with part 125 of cating the aircraft has been approved this chapter. for return to service; [Doc. No. 18334, 54 FR 34311, Aug. 18, 1989, as (c) Shall have any inoperative instru- amended by Amdt. 91–267, 66 FR 21066, Apr. ment or item of equipment, permitted 27, 2001; Amdt. 91–280, 68 FR 54560, Sept. 17, to be inoperative by § 91.213(d)(2) of this 2003] part, repaired, replaced, removed, or

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inspected at the next required inspec- (2) An inspection for the issuance of tion; and an airworthiness certificate in accord- (d) When listed discrepancies include ance with part 21 of this chapter. inoperative instruments or equipment, No inspection performed under para- shall ensure that a placard has been in- graph (b) of this section may be sub- stalled as required by § 43.11 of this stituted for any inspection required by chapter. this paragraph unless it is performed by a person authorized to perform an- § 91.407 Operation after maintenance, nual inspections and is entered as an preventive maintenance, rebuild- ‘‘annual’’ inspection in the required ing, or alteration. maintenance records. (a) No person may operate any air- (b) Except as provided in paragraph craft that has undergone maintenance, (c) of this section, no person may oper- preventive maintenance, rebuilding, or ate an aircraft carrying any person alteration unless— (other than a crewmember) for hire, (1) It has been approved for return to and no person may give flight instruc- service by a person authorized under tion for hire in an aircraft which that § 43.7 of this chapter; and person provides, unless within the pre- ceding 100 hours of time in service the (2) The maintenance record entry re- aircraft has received an annual or 100- quired by § 43.9 or § 43.11, as applicable, hour inspection and been approved for of this chapter has been made. return to service in accordance with (b) No person may carry any person part 43 of this chapter or has received (other than crewmembers) in an air- an inspection for the issuance of an air- craft that has been maintained, re- worthiness certificate in accordance built, or altered in a manner that may with part 21 of this chapter. The 100- have appreciably changed its flight hour limitation may be exceeded by characteristics or substantially af- not more than 10 hours while en route fected its operation in flight until an to reach a place where the inspection appropriately rated pilot with at least can be done. The excess time used to a private pilot certificate flies the air- reach a place where the inspection can craft, makes an operational check of be done must be included in computing the maintenance performed or alter- the next 100 hours of time in service. ation made, and logs the flight in the (c) Paragraphs (a) and (b) of this sec- aircraft records. tion do not apply to— (c) The aircraft does not have to be (1) An aircraft that carries a special flown as required by paragraph (b) of flight permit, a current experimental this section if, prior to flight, ground certificate, or a light-sport or provi- tests, inspection, or both show conclu- sional airworthiness certificate; sively that the maintenance, preven- (2) An aircraft inspected in accord- tive maintenance, rebuilding, or alter- ance with an approved aircraft inspec- ation has not appreciably changed the tion program under part 125 or 135 of flight characteristics or substantially this chapter and so identified by the affected the flight operation of the air- registration number in the operations craft. specifications of the certificate holder having the approved inspection pro- (Approved by the Office of Management and gram; Budget under control number 2120–0005) (3) An aircraft subject to the require- § 91.409 Inspections. ments of paragraph (d) or (e) of this section; or (a) Except as provided in paragraph (4) Turbine-powered rotorcraft when (c) of this section, no person may oper- the operator elects to inspect that ate an aircraft unless, within the pre- rotorcraft in accordance with para- ceding 12 calendar months, it has had— graph (e) of this section. (1) An annual inspection in accord- (d) Progressive inspection. Each reg- ance with part 43 of this chapter and istered owner or operator of an aircraft 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

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office having jurisdiction over the area complete inspection of the aircraft in which the applicant is located, and under the progressive inspection. The shall provide— 100-hour inspection under § 91.409(b) is (1) A certificated mechanic holding due within 100 hours after that com- an inspection authorization, a certifi- plete inspection. A complete inspection cated airframe repair station, or the of the aircraft, for the purpose of deter- manufacturer of the aircraft to super- mining when the annual and 100-hour vise or conduct the progressive inspec- inspections are due, requires a detailed tion; inspection of the aircraft and all its (2) A current inspection procedures components in accordance with the manual available and readily under- progressive inspection. A routine in- standable to pilot and maintenance spection of the aircraft and a detailed personnel containing, in detail— inspection of several components is not (i) An explanation of the progressive considered to be a complete inspection. inspection, including the continuity of (e) Large airplanes (to which part 125 is inspection responsibility, the making not applicable), turbojet multiengine air- of reports, and the keeping of records planes, turbopropeller-powered multien- and technical reference material; gine airplanes, and turbine-powered (ii) An inspection schedule, speci- rotorcraft. No person may operate a fying the intervals in hours or days large airplane, turbojet multiengine when routine and detailed inspections airplane, turbopropeller-powered mul- will be performed and including in- tiengine airplane, or turbine-powered structions for exceeding an inspection rotorcraft unless the replacement interval by not more than 10 hours times for life-limited parts specified in while en route and for changing an in- the aircraft specifications, type data spection interval because of service ex- sheets, or other documents approved by perience; the Administrator are complied with (iii) Sample routine and detailed in- and the airplane or turbine-powered spection forms and instructions for rotorcraft, including the airframe, en- their use; and gines, propellers, rotors, appliances, (iv) Sample reports and records and survival equipment, and emergency instructions for their use; equipment, is inspected in accordance (3) Enough housing and equipment with an inspection program selected for necessary disassembly and proper under the provisions of paragraph (f) of inspection of the aircraft; and this section, except that, the owner or (4) Appropriate current technical in- operator of a turbine-powered rotor- formation for the aircraft. craft may elect to use the inspection The frequency and detail of the pro- provisions of § 91.409(a), (b), (c), or (d) in gressive inspection shall provide for lieu of an inspection option of the complete inspection of the aircraft § 91.409(f). within each 12 calendar months and be (f) Selection of inspection program consistent with the manufacturer’s under paragraph (e) of this section. The recommendations, field service experi- registered owner or operator of each ence, and the kind of operation in airplane or turbine-powered rotorcraft which the aircraft is engaged. The pro- described in paragraph (e) of this sec- gressive inspection schedule must en- tion must select, identify in the air- sure that the aircraft, at all times, will craft maintenance records, and use one be airworthy and will conform to all of the following programs for the in- applicable FAA aircraft specifications, spection of the aircraft: type certificate data sheets, airworthi- (1) A continuous airworthiness in- ness directives, and other approved spection program that is part of a con- data. If the progressive inspection is tinuous airworthiness maintenance discontinued, the owner or operator program currently in use by a person shall immediately notify the local FAA holding an air carrier operating certifi- Flight Standards district office, in cate or an operating certificate issued writing, of the discontinuance. After under part 121 or 135 of this chapter and the discontinuance, the first annual in- operating that make and model air- spection under § 91.409(a)(1) is due with- craft under part 121 of this chapter or in 12 calendar months after the last operating that make and model under

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part 135 of this chapter and maintain- changes from one inspection program ing it under § 135.411(a)(2) of this chap- under paragraph (f) of this section to ter. another, the time in service, calendar (2) An approved aircraft inspection times, or cycles of operation accumu- program approved under § 135.419 of this lated under the previous program must chapter and currently in use by a per- be applied in determining inspection son holding an operating certificate due times under the new program. issued under part 135 of this chapter. (3) A current inspection program rec- (Approved by the Office of Management and Budget under control number 2120–0005) ommended by the manufacturer. (4) Any other inspection program es- [Doc. No. 18334, 54 FR 34311, Aug. 18, 1989; tablished by the registered owner or Amdt. 91–211, 54 FR 41211, Oct. 5, 1989; Amdt. operator of that airplane or turbine- 91–267, 66 FR 21066, Apr. 27, 2001; Amdt. 91–282, 69 FR 44882, July 27, 2004] powered rotorcraft and approved by the Administrator under paragraph (g) of § 91.410 [Reserved] this section. However, the Adminis- trator may require revision of this in- § 91.411 Altimeter system and altitude spection program in accordance with reporting equipment tests and in- the provisions of § 91.415. spections. Each operator shall include in the se- (a) No person may operate an air- lected program the name and address plane, or helicopter, in controlled air- of the person responsible for scheduling space under IFR unless— the inspections required by the pro- (1) Within the preceding 24 calendar gram and make a copy of that program months, each static pressure system, available to the person performing in- each altimeter instrument, and each spections on the aircraft and, upon re- automatic pressure altitude reporting quest, to the Administrator. system has been tested and inspected (g) Inspection program approved under and found to comply with appendices E paragraph (e) of this section. Each oper- and F of part 43 of this chapter; ator of an airplane or turbine-powered (2) Except for the use of system drain rotorcraft desiring to establish or and alternate static pressure valves, change an approved inspection program following any opening and closing of under paragraph (f)(4) of this section the static pressure system, that system must submit the program for approval has been tested and inspected and to the local FAA Flight Standards dis- found to comply with paragraph (a), trict office having jurisdiction over the appendix E, of part 43 of this chapter; area in which the aircraft is based. The and program must be in writing and in- (3) Following installation or mainte- clude at least the following informa- nance on the automatic pressure alti- tion: tude reporting system of the ATC (1) Instructions and procedures for transponder where data correspondence the conduct of inspections for the par- error could be introduced, the inte- ticular make and model airplane or grated system has been tested, in- turbine-powered rotorcraft, including spected, and found to comply with necessary tests and checks. The in- paragraph (c), appendix E, of part 43 of structions and procedures must set this chapter. forth in detail the parts and areas of (b) The tests required by paragraph the airframe, engines, propellers, ro- (a) of this section must be conducted tors, and appliances, including survival by— and emergency equipment required to (1) The manufacturer of the airplane, be inspected. or helicopter, on which the tests and (2) A schedule for performing the in- inspections are to be performed; spections that must be performed (2) A certificated repair station prop- under the program expressed in terms erly equipped to perform those func- of the time in service, calendar time, tions and holding— number of system operations, or any (i) An instrument rating, Class I; combination of these. (ii) A limited instrument rating ap- (h) Changes from one inspection pro- propriate to the make and model of ap- gram to another. When an operator pliance to be tested;

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(iii) A limited rating appropriate to is installed, if the transponder was in- the test to be performed; stalled by that manufacturer. (iv) An airframe rating appropriate to the airplane, or helicopter, to be [Doc. No. 18334, 54 FR 34311, Aug. 18, 1989, as amended by Amdt. 91–267, 66 FR 21066, Apr. tested; or 27, 2001; Amdt. 91–269, 66 FR 41116, Aug. 6, (3) A certificated mechanic with an 2001] airframe rating (static pressure system tests and inspections only). § 91.415 Changes to aircraft inspection (c) Altimeter and altitude reporting programs. equipment approved under Technical (a) Whenever the Administrator finds Standard Orders are considered to be that revisions to an approved aircraft tested and inspected as of the date of inspection program under § 91.409(f)(4) their manufacture. or § 91.1109 are necessary for the contin- (d) No person may operate an air- ued adequacy of the program, the plane, or helicopter, in controlled air- owner or operator must, after notifica- space under IFR at an altitude above tion by the Administrator, make any the maximum altitude at which all al- changes in the program found to be timeters and the automatic altitude re- necessary by the Administrator. porting system of that airplane, or hel- (b) The owner or operator may peti- icopter, have been tested. tion the Administrator to reconsider [Docket No. 18334, 54 FR 34308, Aug. 18, 1989, the notice to make any changes in a as amended by Amdt. 91–269, 66 FR 41116, program in accordance with paragraph Aug. 6, 2001; 72 FR 7739, Feb. 20, 2007] (a) of this section. (c) The petition must be filed with § 91.413 ATC transponder tests and in- the Director, Flight Standards Service spections. within 30 days after the certificate (a) No persons may use an ATC trans- holder or fractional ownership program ponder that is specified in 91.215(a), manager receives the notice. 121.345(c), or § 135.143(c) of this chapter (d) Except in the case of an emer- unless, within the preceding 24 cal- gency requiring immediate action in endar months, the ATC transponder the interest of safety, the filing of the has been tested and inspected and petition stays the notice pending a de- found to comply with appendix F of cision by the Administrator. part 43 of this chapter; and (b) Following any installation or [Doc. No. 18334, 54 FR 34311, Aug. 18, 1989, as maintenance on an ATC transponder amended by Amdt. 91–280, 68 FR 54560, Sept. where data correspondence error could 17, 2003] be introduced, the integrated system § 91.417 Maintenance records. has been tested, inspected, and found to comply with paragraph (c), appendix (a) Except for work performed in ac- E, of part 43 of this chapter. cordance with §§ 91.411 and 91.413, each (c) The tests and inspections speci- registered owner or operator shall keep fied in this section must be conducted the following records for the periods by— specified in paragraph (b) of this sec- (1) A certificated repair station prop- tion: erly equipped to perform those func- (1) Records of the maintenance, pre- tions and holding— ventive maintenance, and alteration (i) A radio rating, Class III; and records of the 100-hour, annual, (ii) A limited radio rating appro- progressive, and other required or ap- priate to the make and model trans- proved inspections, as appropriate, for ponder to be tested; each aircraft (including the airframe) (iii) A limited rating appropriate to and each engine, propeller, rotor, and the test to be performed; appliance of an aircraft. The records (2) A holder of a continuous air- must include— worthiness maintenance program as (i) A description (or reference to data provided in part 121 or § 135.411(a)(2) of acceptable to the Administrator) of the this chapter; or work performed; and (3) The manufacturer of the aircraft (ii) The date of completion of the on which the transponder to be tested work performed; and

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(iii) The signature, and certificate ator shall present Form 337 described number of the person approving the in paragraph (d) of this section for in- aircraft for return to service. spection upon request of any law en- (2) Records containing the following forcement officer. information: (d) When a fuel tank is installed (i) The total time in service of the within the passenger compartment or a airframe, each engine, each propeller, baggage compartment pursuant to part and each rotor. 43 of this chapter, a copy of FAA Form (ii) The current status of life-limited 337 shall be kept on board the modified parts of each airframe, engine, pro- aircraft by the owner or operator. peller, rotor, and appliance. (iii) The time since last overhaul of (Approved by the Office of Management and Budget under control number 2120–0005) all items installed on the aircraft which are required to be overhauled on [Docket No. 18334, 54 FR 34311, Aug. 18, 1989, a specified time basis. as amended by Amdt. 91–311, 75 FR 5223, Feb. (iv) The current inspection status of 1, 2010] the aircraft, including the time since § 91.419 Transfer of maintenance the last inspection required by the in- records. spection program under which the air- craft and its appliances are main- Any owner or operator who sells a tained. U.S.-registered aircraft shall transfer (v) The current status of applicable to the purchaser, at the time of sale, airworthiness directives (AD) and safe- the following records of that aircraft, ty directives including, for each, the in plain language form or in coded form method of compliance, the AD or safe- at the election of the purchaser, if the ty directive number and revision date. coded form provides for the preserva- If the AD or safety directive involves tion and retrieval of information in a recurring action, the time and date manner acceptable to the Adminis- when the next action is required. trator: (vi) Copies of the forms prescribed by (a) The records specified in § 43.9(a) of this chapter for each major § 91.417(a)(2). alteration to the airframe and cur- (b) The records specified in rently installed engines, rotors, propel- § 91.417(a)(1) which are not included in lers, and appliances. the records covered by paragraph (a) of (b) The owner or operator shall re- this section, except that the purchaser tain the following records for the peri- may permit the seller to keep physical ods prescribed: custody of such records. However, cus- (1) The records specified in paragraph tody of records by the seller does not (a)(1) of this section shall be retained relieve the purchaser of the responsi- until the work is repeated or super- bility under § 91.417(c) to make the seded by other work or for 1 year after records available for inspection by the the work is performed. Administrator or any authorized rep- (2) The records specified in paragraph resentative of the National Transpor- (a)(2) of this section shall be retained tation Safety Board (NTSB). and transferred with the aircraft at the time the aircraft is sold. § 91.421 Rebuilt engine maintenance (3) A list of defects furnished to a records. registered owner or operator under (a) The owner or operator may use a § 43.11 of this chapter shall be retained new maintenance record, without pre- until the defects are repaired and the vious operating history, for an aircraft aircraft is approved for return to serv- engine rebuilt by the manufacturer or ice. by an agency approved by the manufac- (c) The owner or operator shall make turer. all maintenance records required to be (b) Each manufacturer or agency kept by this section available for in- that grants zero time to an engine re- spection by the Administrator or any built by it shall enter in the new authorized representative of the Na- record— tional Transportation Safety Board (1) A signed statement of the date the (NTSB). In addition, the owner or oper- engine was rebuilt;

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(2) Each change made as required by (2) Aerial work operations such as airworthiness directives; and aerial photography or survey, or pipe- (3) Each change made in compliance line patrol, but not including fire fight- with manufacturer’s service bulletins, ing operations; if the entry is specifically requested in (3) Flights for the demonstration of that bulletin. an airplane to prospective customers (c) For the purposes of this section, a when no charge is made except for rebuilt engine is a used engine that has those specified in paragraph (d) of this been completely disassembled, in- section; spected, repaired as necessary, reas- (4) Flights conducted by the operator sembled, tested, and approved in the of an airplane for his personal trans- same manner and to the same toler- portation, or the transportation of his ances and limits as a new engine with guests when no charge, assessment, or either new or used parts. However, all fee is made for the transportation; parts used in it must conform to the (5) Carriage of officials, employees, production drawing tolerances and lim- guests, and property of a company on its for new parts or be of approved an airplane operated by that company, oversized or undersized dimensions for or the parent or a subsidiary of the a new engine. company or a subsidiary of the parent, when the carriage is within the scope §§ 91.423–91.499 [Reserved] of, and incidental to, the business of the company (other than transpor- Subpart F—Large and Turbine- tation by air) and no charge, assess- Powered Multiengine Air- ment or fee is made for the carriage in planes and Fractional Owner- excess of the cost of owning, operating, and maintaining the airplane, except ship Program Aircraft that no charge of any kind may be made for the carriage of a guest of a SOURCE: Doc. No. 18334, 54 FR 34314, Aug. company, when the carriage is not 18, 1989, unless otherwise noted. within the scope of, and incidental to, the business of that company; § 91.501 Applicability. (6) The carriage of company officials, (a) This subpart prescribes operating employees, and guests of the company rules, in addition to those prescribed in on an airplane operated under a time other subparts of this part, governing sharing, interchange, or joint owner- the operation of large airplanes of U.S. ship agreement as defined in paragraph registry, turbojet-powered multiengine (c) of this section; civil airplanes of U.S. registry, and (7) The carriage of property (other fractional ownership program aircraft than mail) on an airplane operated by of U.S. registry that are operating a person in the furtherance of a busi- under subpart K of this part in oper- ness or employment (other than trans- ations not involving common carriage. portation by air) when the carriage is The operating rules in this subpart do within the scope of, and incidental to, not apply to those aircraft when they that business or employment and no are required to be operated under parts charge, assessment, or fee is made for 121, 125, 129, 135, and 137 of this chapter. the carriage other than those specified (Section 91.409 prescribes an inspection in paragraph (d) of this section; program for large and for turbine-pow- (8) The carriage on an airplane of an ered (turbojet and turboprop) multien- athletic team, sports group, choral gine airplanes and turbine-powered group, or similar group having a com- rotorcraft of U.S. registry when they mon purpose or objective when there is are operated under this part or part 129 no charge, assessment, or fee of any or 137.) kind made by any person for that car- (b) Operations that may be conducted riage; and under the rules in this subpart instead (9) The carriage of persons on an air- of those in parts 121, 129, 135, and 137 of plane operated by a person in the fur- this chapter when common carriage is therance of a business other than not involved, include— transportation by air for the purpose of (1) Ferry or training flights; selling them land, goods, or property,

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including franchises or distributor- (4) Insurance obtained for the specific ships, when the carriage is within the flight. scope of, and incidental to, that busi- (5) Landing fees, airport taxes, and ness and no charge, assessment, or fee similar assessments. is made for that carriage. (6) Customs, foreign permit, and (10) Any operation identified in para- similar fees directly related to the graphs (b)(1) through (b)(9) of this sec- flight. tion when conducted— (7) In flight food and beverages. (i) By a fractional ownership program (8) Passenger ground transportation. manager, or (9) Flight planning and weather con- (ii) By a fractional owner in a frac- tract services. tional ownership program aircraft op- (10) An additional charge equal to 100 erated under subpart K of this part, ex- percent of the expenses listed in para- cept that a flight under a joint owner- graph (d)(1) of this section. ship arrangement under paragraph [Doc. No. 18334, 54 FR 34314, Aug. 18, 1989, as (b)(6) of this section may not be con- amended by Amdt. 91–280, 68 FR 54560, Sept. ducted. For a flight under an inter- 17, 2003] change agreement under paragraph (b)(6) of this section, the exchange of § 91.503 Flying equipment and oper- equal time for the operation must be ating information. properly accounted for as part of the (a) The pilot in command of an air- total hours associated with the frac- plane shall ensure that the following tional owner’s share of ownership. flying equipment and aeronautical (c) As used in this section— charts and data, in current and appro- (1) A time sharing agreement means an priate form, are accessible for each arrangement whereby a person leases flight at the pilot station of the air- his airplane with flight crew to another plane: person, and no charge is made for the (1) A flashlight having at least two flights conducted under that arrange- size ‘‘D’’ cells, or the equivalent, that is ment other than those specified in in good working order. paragraph (d) of this section; (2) A cockpit checklist containing (2) An interchange agreement means an the procedures required by paragraph arrangement whereby a person leases (b) of this section. his airplane to another person in ex- (3) Pertinent aeronautical charts. change for equal time, when needed, on (4) For IFR, VFR over-the-top, or the other person’s airplane, and no night operations, each pertinent navi- charge, assessment, or fee is made, ex- gational en route, terminal area, and cept that a charge may be made not to approach and letdown chart. exceed the difference between the cost (5) In the case of multiengine air- of owning, operating, and maintaining planes, one-engine inoperative climb the two airplanes; performance data. (3) A joint ownership agreement means (b) Each cockpit checklist must con- an arrangement whereby one of the tain the following procedures and shall registered joint owners of an airplane be used by the flight crewmembers employs and furnishes the flight crew when operating the airplane: for that airplane and each of the reg- (1) Before starting engines. istered joint owners pays a share of the (2) Before takeoff. charge specified in the agreement. (3) Cruise. (d) The following may be charged, as (4) Before landing. expenses of a specific flight, for trans- (5) After landing. portation as authorized by paragraphs (6) Stopping engines. (b) (3) and (7) and (c)(1) of this section: (7) Emergencies. (1) Fuel, oil, lubricants, and other ad- (c) Each emergency cockpit checklist ditives. procedure required by paragraph (b)(7) (2) Travel expenses of the crew, in- of this section must contain the fol- cluding food, lodging, and ground lowing procedures, as appropriate: transportation. (1) Emergency operation of fuel, hy- (3) Hangar and tie-down costs away draulic, electrical, and mechanical sys- from the aircraft’s base of operation. tems.

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(2) Emergency operation of instru- nautical miles from the nearest shore, ments and controls. whichever is less, unless it has on (3) Engine inoperative procedures. board the following survival equip- (4) Any other procedures necessary ment: for safety. (1) A life preserver, equipped with an (d) The equipment, charts, and data approved survivor locator light, for prescribed in this section shall be used each occupant of the airplane. by the pilot in command and other (2) Enough liferafts (each equipped members of the flight crew, when perti- with an approved survival locator nent. light) of a rated capacity and buoyancy to accommodate the occupants of the § 91.505 Familiarity with operating airplane. limitations and emergency equip- (3) At least one pyrotechnic signaling ment. device for each liferaft. (a) Each pilot in command of an air- (4) One self-buoyant, water-resistant, plane shall, before beginning a flight, portable emergency radio signaling de- become familiar with the Airplane vice that is capable of transmission on Flight Manual for that airplane, if one the appropriate emergency frequency is required, and with any placards, list- or frequencies and not dependent upon ings, instrument markings, or any the airplane power supply. combination thereof, containing each (5) A lifeline stored in accordance operating limitation prescribed for with § 25.1411(g) of this chapter. that airplane by the Administrator, in- (c) A fractional ownership program cluding those specified in § 91.9(b). manager under subpart K of this part (b) Each required member of the crew may apply for a deviation from para- shall, before beginning a flight, become graphs (b)(2) through (5) of this section familiar with the emergency equip- for a particular over water operation or ment installed on the airplane to which the Administrator may amend the that crewmember is assigned and with management specifications to require the procedures to be followed for the the carriage of all or any specific items use of that equipment in an emergency of the equipment listed in paragraphs situation. (b)(2) through (5) of this section. (d) The required life rafts, life pre- § 91.507 Equipment requirements: servers, and signaling devices must be Over-the-top or night VFR oper- installed in conspicuously marked lo- ations. cations and easily accessible in the No person may operate an airplane event of a ditching without appreciable over-the-top or at night under VFR un- time for preparatory procedures. less that airplane is equipped with the (e) A survival kit, appropriately instruments and equipment required equipped for the route to be flown, for IFR operations under § 91.205(d) and must be attached to each required life one electric landing light for night op- raft. erations. Each required instrument and (f) As used in this section, the term item of equipment must be in operable shore means that area of the land adja- condition. cent to the water that is above the high water mark and excludes land § 91.509 Survival equipment for areas that are intermittently under overwater operations. water. (a) No person may take off an air- [Doc. No. 18334, 54 FR 34314, Aug. 18, 1989, as plane for a flight over water more than amended by Amdt. 91–280, 68 FR 54561, Sept. 50 nautical miles from the nearest 17, 2003] shore unless that airplane is equipped with a life preserver or an approved flo- § 91.511 Communication and naviga- tation means for each occupant of the tion equipment for overwater oper- airplane. ations. (b) Except as provided in paragraph (a) Except as provided in paragraphs (c) of this section, no person may take (c), (d), and (f) of this section, no per- off an airplane for flight over water son may take off an airplane for a more than 30 minutes flying time or 100 flight over water more than 30 minutes

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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, at least one communication fa- tic Ocean west of a line which extends cility from any place along the route: 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 (iii) Two headsets or one headset and line to the point where the line inter- 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, 1996; Amdt. 91–296, 72 FR 31679, June 7, 2007] place of a separate communications re- ceiver and a separate navigational sig- § 91.513 Emergency equipment. nal receiver or unit. (a) No person may operate an air- (b) For the purposes of paragraphs plane unless it is equipped with the (a)(1)(iv) and (a)(2) of this section, a re- emergency equipment listed in this ceiver or electronic navigation unit is section. independent if the function of any part (b) Each item of equipment— of it does not depend on the func- (1) Must be inspected in accordance tioning of any part of another receiver with § 91.409 to ensure its continued or electronic navigation unit. serviceability and immediate readiness (c) Notwithstanding the provisions of for its intended purposes; paragraph (a) of this section, a person (2) Must be readily accessible to the may operate an airplane on which no crew; passengers are carried from a place (3) Must clearly indicate its method where repairs or replacement cannot be of operation; and made to a place where they can be (4) When carried in a compartment or made, if not more than one of each of container, must have that compart- the dual items of radio communication ment or container marked as to con- and navigational equipment specified tents and date of last inspection. in paragraphs (a)(1) (i) through (iv) and (c) Hand fire extinguishers must be (a)(2) of this section malfunctions or provided for use in crew, passenger, and becomes inoperative. cargo compartments in accordance (d) Notwithstanding the provisions of with the following: paragraph (a) of this section, when (1) The type and quantity of extin- both VHF and HF communications guishing agent must be suitable for the equipment are required for the route kinds of fires likely to occur in the and the airplane has two VHF trans- compartment where the extinguisher is mitters and two VHF receivers for intended to be used. communications, only one HF trans- (2) At least one hand fire extin- mitter and one HF receiver is required guisher must be provided and located for communications. on or near the flight deck in a place (e) As used in this section, the term that is readily accessible to the flight shore means that area of the land adja- crew. cent to the water which is above the (3) At least one hand fire extin- high-water mark and excludes land guisher must be conveniently located

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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 and one installed at the most rearward him or her and keep it fastened while location where it would be readily ac- any ‘‘fasten seat belt’’ sign is lighted. cessible to a normal flight attendant (e) Each passenger shall comply with seat. instructions given him or her by crew- members regarding compliance with § 91.515 Flight altitude rules. paragraphs (b), (c), and (d) of this sec- tion. (a) Notwithstanding § 91.119, and ex- cept as provided in paragraph (b) of [Doc. No. 26142, 57 FR 42672, Sept. 15, 1992] this section, no person may operate an airplane under VFR at less than— § 91.519 Passenger briefing. (1) One thousand feet above the sur- (a) Before each takeoff the pilot in face, or 1,000 feet from any mountain, command of an airplane carrying pas- hill, or other obstruction to flight, for sengers shall ensure that all passengers day operations; and have been orally briefed on—

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(1) Smoking. Each passenger shall be the requirements of paragraphs (a) briefed on when, where, and under what through (c) of this section. conditions smoking is prohibited. This [Doc. No. 18334, 54 FR 34314, Aug. 18, 1989, as briefing shall include a statement, as amended by Amdt. 91–231, 57 FR 42672, Sept. appropriate, that the Federal Aviation 15, 1992; Amdt. 91–280, 68 FR 54561, Sept. 17, Regulations require passenger compli- 2003] ance with lighted passenger informa- tion signs and no smoking placards, § 91.521 Shoulder harness. prohibit smoking in lavatories, and re- (a) No person may operate a trans- quire compliance with crewmember in- port category airplane that was type structions with regard to these items; certificated after January 1, 1958, un- (2) Use of safety belts and shoulder har- less it is equipped at each seat at a nesses. Each passenger shall be briefed flight deck station with a combined on when, where, and under what condi- safety belt and shoulder harness that tions it is necessary to have his or her meets the applicable requirements safety belt and, if installed, his or her specified in § 25.785 of this chapter, ex- shoulder harness fastened about him or cept that— (1) Shoulder harnesses and combined her. This briefing shall include a state- safety belt and shoulder harnesses that ment, as appropriate, that Federal were approved and installed before Aviation Regulations require passenger March 6, 1980, may continue to be used; compliance with the lighted passenger and sign and/or crewmember instructions (2) Safety belt and shoulder harness with regard to these items; restraint systems may be designed to (3) Location and means for opening the inertia load factors established the passenger entry door and emer- under the certification basis of the air- gency exits; plane. (4) Location of survival equipment; (b) No person may operate a trans- (5) Ditching procedures and the use of port category airplane unless it is flotation equipment required under equipped at each required flight at- § 91.509 for a flight over water; and tendant seat in the passenger compart- (6) The normal and emergency use of ment with a combined safety belt and oxygen equipment installed on the air- shoulder harness that meets the appli- plane. cable requirements specified in § 25.785 (b) The oral briefing required by of this chapter, except that— paragraph (a) of this section shall be (1) Shoulder harnesses and combined given by the pilot in command or a safety belt and shoulder harnesses that member of the crew, but need not be were approved and installed before given when the pilot in command de- March 6, 1980, may continue to be used; termines that the passengers are famil- and iar with the contents of the briefing. It (2) Safety belt and shoulder harness may be supplemented by printed cards restraint systems may be designed to for the use of each passenger con- the inertia load factors established taining— under the certification basis of the air- plane. (1) A diagram of, and methods of op- erating, the emergency exits; and § 91.523 Carry-on baggage. (2) Other instructions necessary for No pilot in command of an airplane use of emergency equipment. having a seating capacity of more than (c) Each card used under paragraph 19 passengers may permit a passenger (b) must be carried in convenient loca- to stow baggage aboard that airplane tions on the airplane for the use of except— each passenger and must contain infor- (a) In a suitable baggage or cargo mation that is pertinent only to the storage compartment, or as provided in type and model airplane on which it is § 91.525; or used. (b) Under a passenger seat in such a (d) For operations under subpart K of way that it will not slide forward under this part, the passenger briefing re- crash impacts severe enough to induce quirements of § 91.1035 apply, instead of the ultimate inertia forces specified in

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§ 25.561(b)(3) of this chapter, or the re- wing in the area of the fuel tanks if au- quirements of the regulations under thorized by the FAA. which the airplane was type certifi- (b) No pilot may fly under IFR into cated. Restraining devices must also known or forecast light or moderate limit sideward motion of under-seat icing conditions, or under VFR into baggage and be designed to withstand known light or moderate icing condi- crash impacts severe enough to induce tions, unless— sideward forces specified in § 25.561(b)(3) (1) The aircraft has functioning deic- of this chapter. ing or anti-icing equipment protecting § 91.525 Carriage of cargo. each rotor blade, propeller, windshield, wing, stabilizing or control surface, (a) No pilot in command may permit and each airspeed, altimeter, rate of cargo to be carried in any airplane un- climb, or flight attitude instrument less— system; (1) It is carried in an approved cargo (2) The airplane has ice protection rack, bin, or compartment installed in provisions that meet section 34 of Spe- the airplane; cial Federal Aviation Regulation No. (2) It is secured by means approved 23; or by the Administrator; or (3) The airplane meets transport cat- (3) It is carried in accordance with each of the following: egory airplane type certification provi- (i) It is properly secured by a safety sions, including the requirements for belt or other tiedown having enough certification for flight in icing condi- strength to eliminate the possibility of tions. shifting under all normally anticipated (c) Except for an airplane that has flight and ground conditions. ice protection provisions that meet the (ii) It is packaged or covered to avoid requirements in section 34 of Special possible injury to passengers. Federal Aviation Regulation No. 23, or (iii) It does not impose any load on those for transport category airplane seats or on the floor structure that ex- type certification, no pilot may fly an ceeds the load limitation for those airplane into known or forecast severe components. icing conditions. (iv) It is not located in a position (d) If current weather reports and that restricts the access to or use of briefing information relied upon by the any required emergency or regular pilot in command indicate that the exit, or the use of the aisle between the forecast icing conditions that would crew and the passenger compartment. otherwise prohibit the flight will not (v) It is not carried directly above be encountered during the flight be- seated passengers. cause of changed weather conditions (b) When cargo is carried in cargo since the forecast, the restrictions in compartments that are designed to re- paragraphs (b) and (c) of this section quire the physical entry of a crew- based on forecast conditions do not member to extinguish any fire that apply. may occur during flight, the cargo must be loaded so as to allow a crew- [Doc. No. 18334, 54 FR 34314, Aug. 18, 1989, as member to effectively reach all parts amended by Amdt. 91–310, 74 FR 62696, Dec. 1, of the compartment with the contents 2009] of a hand fire extinguisher. § 91.529 Flight engineer requirements. § 91.527 Operating in icing conditions. (a) No person may operate the fol- (a) No pilot may take off an airplane lowing airplanes without a flight crew- that has frost, ice, or snow adhering to member holding a current flight engi- any propeller, windshield, stabilizing neer certificate: or control surface; to a powerplant in- (1) An airplane for which a type cer- stallation; or to an airspeed, altimeter, tificate was issued before January 2, rate of climb, or flight attitude instru- 1964, having a maximum certificated ment system or wing, except that take- takeoff weight of more than 80,000 offs may be made with frost under the pounds.

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(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- (d) No person may operate an aircraft cation requirements. under subpart K of this part without a (b) No person may serve as a required pilot who is designated as second in flight engineer on an airplane unless, command of that aircraft in accord- within the preceding 6 calendar ance with § 91.1049(d). The second in months, that person has had at least 50 command must meet the experience re- hours of flight time as a flight engineer quirements of § 91.1053. on that type airplane or has been [Doc. No. 18334, 54 FR 34314, Aug. 18, 1989, as checked by the Administrator on that amended by Amdt. 91–280, 68 FR 54561, Sept. type airplane and is found to be famil- 17, 2003] iar and competent with all essential current information and operating pro- § 91.533 Flight attendant require- cedures. ments. (a) No person may operate an air- § 91.531 Second in command require- plane unless at least the following ments. number of flight attendants are on (a) Except as provided in paragraph board the airplane: (b) and (d) of this section, no person (1) For airplanes having more than 19 may operate the following airplanes but less than 51 passengers on board, without a pilot who is designated as one flight attendant. second in command of that airplane: (2) For airplanes having more than 50 (1) A large airplane, except that a but less than 101 passengers on board, person may operate an airplane certifi- two flight attendants. cated under SFAR 41 without a pilot (3) For airplanes having more than who is designated as second in com- 100 passengers on board, two flight at- mand if that airplane is certificated for tendants plus one additional flight at- operation with one pilot. tendant for each unit (or part of a unit) (2) A turbojet-powered multiengine of 50 passengers above 100. airplane for which two pilots are re- (b) No person may serve as a flight quired under the type certification re- attendant on an airplane when required quirements for that airplane. by paragraph (a) of this section unless (3) A commuter category airplane, that person has demonstrated to the except that a person may operate a pilot in command familiarity with the commuter category airplane notwith- necessary functions to be performed in standing paragraph (a)(1) of this sec- an emergency or a situation requiring tion, that has a passenger seating con- emergency evacuation and is capable of figuration, excluding pilot seats, of using the emergency equipment in- nine or less without a pilot who is des- stalled on that airplane. ignated as second in command if that airplane is type certificated for oper- § 91.535 Stowage of food, beverage, ations with one pilot. and passenger service equipment (b) The Administrator may issue a during aircraft movement on the letter of authorization for the oper- surface, takeoff, and landing. ation of an airplane without compli- (a) No operator may move an aircraft ance with the requirements of para- on the surface, take off, or land when graph (a) of this section if that air- any food, beverage, or tableware fur- plane is designed for and type certifi- nished by the operator is located at cated with only one pilot station. The any passenger seat. authorization contains any conditions (b) No operator may move an aircraft that the Administrator finds necessary on the surface, take off, or land unless for safe operation. each food and beverage tray and seat (c) No person may designate a pilot back tray table is secured in its stowed to serve as second in command, nor position. may any pilot serve as second in com- (c) No operator may permit an air- mand, of an airplane required under craft to move on the surface, take off, this section to have two pilots unless or land unless each passenger serving that pilot meets the qualifications for cart is secured in its stowed position.

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(d) No operator may permit an air- (b) No person may operate a turbine- craft to move on the surface, take off, engine-powered transport category air- or land unless each movie screen that plane certificated after September 30, extends into the aisle is stowed. 1958, contrary to the Airplane Flight (e) Each passenger shall comply with Manual, or take off that airplane un- instructions given by a crewmember less— with regard to compliance with this (1) The takeoff weight does not ex- section. ceed the takeoff weight specified in the Airplane Flight Manual for the ele- [Doc. No. 26142, 57 FR 42672, Sept. 15, 1992] vation of the airport and for the ambi- §§ 91.536–91.599 [Reserved] ent temperature existing at the time of takeoff; Subpart G—Additional Equipment (2) Normal consumption of fuel and oil in flight to the airport of intended and Operating Requirements landing and to the alternate airports for Large and Transport Cat- 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 § 91.603 Aural speed warning device. airport, the runway to be used, the ef- No person may operate a transport fective runway gradient, the ambient category airplane in air commerce un- temperature and wind component at less that airplane is equipped with an the time of takeoff, and, if operating aural speed warning device that com- limitations exist for the minimum dis- plies with § 25.1303(c)(1). tances required for takeoff from wet runways, the runway surface condition § 91.605 Transport category civil air- (dry or wet). Wet runway distances as- plane weight limitations. sociated with grooved or porous fric- (a) No person may take off any trans- tion course runways, if provided in the port category airplane (other than a Airplane Flight Manual, may be used turbine-engine-powered airplane cer- only for runways that are grooved or tificated after September 30, 1958) un- treated with a porous friction course less— (PFC) overlay, and that the operator (1) The takeoff weight does not ex- determines are designed, constructed, ceed the authorized maximum takeoff and maintained in a manner acceptable weight for the elevation of the airport to the Administrator. of takeoff; (4) Where the takeoff distance in- (2) The elevation of the airport of cludes a clearway, the clearway dis- takeoff is within the altitude range for tance is not greater than one-half of— which maximum takeoff weights have (i) The takeoff run, in the case of air- been determined; planes certificated after September 30, (3) Normal consumption of fuel and 1958, and before August 30, 1959; or oil in flight to the airport of intended (ii) The runway length, in the case of landing will leave a weight on arrival airplanes certificated after August 29, not in excess of the authorized max- 1959. imum landing weight for the elevation (c) No person may take off a turbine- of that airport; and engine-powered transport category air- (4) The elevations of the airport of in- plane certificated after August 29, 1959, tended landing and of all specified al- unless, in addition to the requirements ternate airports are within the altitude of paragraph (b) of this section— range for which the maximum landing (1) The accelerate-stop distance is no weights have been determined. greater than the length of the runway

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plus the length of the stopway (if (1) For each additional floor-level present); and exit at least 24 inches wide by 48 inches (2) The takeoff distance is no greater high, with an unobstructed 20-inch- than the length of the runway plus the wide access aisleway between the exit length of the clearway (if present); and and the main passenger aisle, 12 addi- (3) The takeoff run is no greater than tional occupants. the length of the runway. (2) For each additional window exit [Doc. No. 18334, 54 FR 34318, Aug. 18, 1989, as located over a wing that meets the re- amended by Amdt. 91–256, 63 FR 8321, Feb. 18, quirements of the airworthiness stand- 1998] ards under which the airplane was type certificated or that is large enough to § 91.607 Emergency exits for airplanes inscribe an ellipse 19×26 inches, eight carrying passengers for hire. additional occupants. (a) Notwithstanding any other provi- (3) For each additional window exit sion of this chapter, no person may op- that is not located over a wing but that erate a large airplane (type certificated otherwise complies with paragraph under the Civil Air Regulations effec- (b)(2) of this section, five additional oc- tive before April 9, 1957) in passenger- carrying operations for hire, with more cupants. than the number of occupants— (4) For each airplane having a ratio (1) Allowed under Civil Air Regula- (as computed from the table in para- tions § 4b.362 (a), (b), and (c) as in effect graph (a) of this section) of maximum on December 20, 1951; or number of occupants to number of (2) Approved under Special Civil Air exits greater than 14:1, and for each Regulations SR–387, SR–389, SR–389A, airplane that does not have at least or SR–389B, or under this section as in one full-size, door-type exit in the side effect. of the fuselage in the rear part of the However, an airplane type listed in the cabin, the first additional exit must be following table may be operated with a floor-level exit that complies with up to the listed number of occupants paragraph (b)(1) of this section and (including crewmembers) and the cor- must be located in the rear part of the responding number of exits (including cabin on the opposite side of the fuse- emergency exits and doors) approved lage from the main entrance door. for the emergency exit of passengers or However, no person may operate an with an occupant-exit configuration airplane under this section carrying approved under paragraph (b) or (c) of more than 115 occupants unless there is this section. such an exit on each side of the fuse- lage in the rear part of the cabin. Maximum Corresponding number of oc- number of (c) No person may eliminate any ap- Airplane type cupants in- exits author- cluding all ized for pas- proved exit except in accordance with crewmembers senger use the following:

B–307 ...... 61 4 (1) The previously authorized max- B–377 ...... 96 9 imum number of occupants must be re- C–46 ...... 67 4 duced by the same number of addi- CV–240 ...... 53 6 CV–340 and CV–440 ...... 53 6 tional occupants authorized for that DC–3 ...... 35 4 exit under this section. DC–3 (Super) ...... 39 5 (2) Exits must be eliminated in ac- DC–4 ...... 86 5 DC–6 ...... 87 7 cordance with the following priority DC–6B ...... 112 11 schedule: First, non-over-wing window L–18 ...... 17 3 exits; second, over-wing window exits; L–049, L–649, L–749 ...... 87 7 L–1049 series ...... 96 9 third, floor-level exits located in the M–202 ...... 53 6 forward part of the cabin; and fourth, M–404 ...... 53 7 floor-level exits located in the rear of Viscount 700 series ...... 53 7 the cabin. (b) Occupants in addition to those au- (3) At least one exit must be retained thorized under paragraph (a) of this on each side of the fuselage regardless section may be carried as follows: of the number of occupants.

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(4) No person may remove any exit test it or to test any communications that would result in a ratio of max- or electrical equipment installed in the imum number of occupants to approved aircraft; exits greater than 14:1. (4) Ferry a newly acquired aircraft (d) This section does not relieve any from a place where possession of it was person operating under part 121 of this taken to a place where the flight re- chapter from complying with § 121.291. corder or cockpit voice recorder is to be installed; or § 91.609 Flight data recorders and (5) Operate an aircraft: cockpit voice recorders. (i) For not more than 15 days while (a) No holder of an air carrier oper- the flight recorder and/or cockpit voice ating certificate or an operating cer- recorder is inoperative and/or removed tificate may conduct any operation for repair provided that the aircraft under this part with an aircraft listed maintenance records contain an entry in the holder’s operations specifica- that indicates the date of failure, and a tions or current list of aircraft used in placard is located in view of the pilot air transportation unless that aircraft to show that the flight recorder or complies with any applicable flight re- cockpit voice recorder is inoperative. corder and cockpit voice recorder re- (ii) For not more than an additional quirements of the part under which its 15 days, provided that the requirements certificate is issued except that the op- in paragraph (b)(5)(i) are met and that erator may— a certificated pilot, or a certificated (1) Ferry an aircraft with an inoper- person authorized to return an aircraft ative flight recorder or cockpit voice to service under § 43.7 of this chapter, recorder from a place where repair or certifies in the aircraft maintenance replacement cannot be made to a place records that additional time is required where they can be made; to complete repairs or obtain a replace- (2) Continue a flight as originally ment unit. planned, if the flight recorder or cock- (c)(1) No person may operate a U.S. pit voice recorder becomes inoperative civil registered, multiengine, turbine- after the aircraft has taken off; powered airplane or rotorcraft having a (3) Conduct an airworthiness flight passenger seating configuration, ex- test during which the flight recorder or cluding any pilot seats of 10 or more cockpit voice recorder is turned off to that has been manufactured after Octo- test it or to test any communications ber 11, 1991, unless it is equipped with or electrical equipment installed in the one or more approved flight recorders aircraft; or that utilize a digital method of record- (4) Ferry a newly acquired aircraft ing and storing data and a method of from the place where possession of it is readily retrieving that data from the taken to a place where the flight re- storage medium, that are capable of re- corder or cockpit voice recorder is to cording the data specified in appendix be installed. E to this part, for an airplane, or ap- (b) Notwithstanding paragraphs (c) pendix F to this part, for a rotorcraft, and (e) of this section, an operator of this part within the range, accuracy, other than the holder of an air carrier and recording interval specified, and or a commercial operator certificate that are capable of retaining no less may— than 8 hours of aircraft operation. (1) Ferry an aircraft with an inoper- (2) All airplanes subject to paragraph ative flight recorder or cockpit voice (c)(1) of this section that are manufac- recorder from a place where repair or tured before April 7, 2010, by April 7, replacement cannot be made to a place 2012, must meet the requirements of where they can be made; § 23.1459(a)(7) or § 25.1459(a)(8) of this (2) Continue a flight as originally chapter, as applicable. planned if the flight recorder or cock- (3) All airplanes and rotorcraft sub- pit voice recorder becomes inoperative ject to paragraph (c)(1) of this section after the aircraft has taken off; that are manufactured on or after (3) Conduct an airworthiness flight April 7, 2010, must meet the flight data test during which the flight recorder or recorder requirements of § 23.1459, cockpit voice recorder is turned off to § 25.1459, § 27.1459, or § 29.1459 of this

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chapter, as applicable, and retain at under part 830. The Administrator does least the last 25 hours of recorded in- not use the cockpit voice recorder formation using a recorder that meets record in any civil penalty or certifi- the standards of TSO–C124a, or later re- cate action. vision. (h) All airplanes required by this sec- (d) Whenever a flight recorder, re- tion to have a cockpit voice recorder quired by this section, is installed, it and a flight data recorder, that are must be operated continuously from manufactured before April 7, 2010, must the instant the airplane begins the by April 7, 2012, have a cockpit voice takeoff roll or the rotorcraft begins lift-off until the airplane has com- recorder that also— pleted the landing roll or the rotorcraft (1) Meets the requirements of has landed at its destination. § 23.1457(d)(6) or § 25.1457(d)(6) of this (e) Unless otherwise authorized by chapter, as applicable; and the Administrator, after October 11, (2) If transport category, meets the 1991, no person may operate a U.S. civil requirements of § 25.1457(a)(3), (a)(4), registered multiengine, turbine-pow- and (a)(5) of this chapter. ered airplane or rotorcraft having a (i) All airplanes or rotorcraft re- passenger seating configuration of six quired by this section to have a cockpit passengers or more and for which two voice recorder and flight data recorder, pilots are required by type certifi- that are manufactured on or after cation or operating rule unless it is April 7, 2010, must have a cockpit voice equipped with an approved cockpit recorder installed that also— voice recorder that: (1) Is installed in accordance with the (1) Is installed in compliance with § 23.1457(a)(1) and (2), (b), (c), (d)(1)(i), requirements of § 23.1457 (except for (2) and (3), (e), (f), and (g); § 25.1457(a)(1) paragraphs (a)(6) and (d)(5)); § 25.1457 and (2), (b), (c), (d)(1)(i), (2) and (3), (e), (except for paragraphs (a)(6) and (d)(5)); (f), and (g); § 27.1457(a)(1) and (2), (b), § 27.1457 (except for paragraphs (a)(6) (c), (d)(1)(i), (2) and (3), (e), (f), and (g); and (d)(5)); or § 29.1457 (except for para- or § 29.1457(a)(1) and (2), (b), (c), (d)(1)(i), graphs (a)(6) and (d)(5)) of this chapter, (2) and (3), (e), (f), and (g) of this chap- as applicable; and ter, as applicable; and (2) Retains at least the last 2 hours of (2) Is operated continuously from the recorded information using a recorder use of the checklist before the flight to that meets the standards of TSO–C123a, completion of the final checklist at the or later revision. end of the flight. (3) For all airplanes or rotorcraft (f) In complying with this section, an manufactured on or after April 6, 2012, approved cockpit voice recorder having also meets the requirements of an erasure feature may be used, so that § 23.1457(a)(6) and (d)(5); § 25.1457(a)(6) at any time during the operation of the and (d)(5); § 27.1457(a)(6) and (d)(5); or recorder, information recorded more than 15 minutes earlier may be erased § 29.1457(a)(6) and (d)(5) of this chapter, or otherwise obliterated. as applicable. (g) In the event of an accident or oc- (j) All airplanes or rotorcraft re- currence requiring immediate notifica- quired by this section to have a cockpit tion to the National Transportation voice recorder and a flight data re- Safety Board under part 830 of its regu- corder, that install datalink commu- lations that results in the termination nication equipment on or after April 6, of the flight, any operator who has in- 2012, must record all datalink messages stalled approved flight recorders and as required by the certification rule ap- approved cockpit voice recorders shall plicable to the aircraft. keep the recorded information for at (k) An aircraft operated under this least 60 days or, if requested by the Ad- part under deviation authority from ministrator or the Board, for a longer part 125 of this chapter must comply period. Information obtained from the with all of the applicable flight data record is used to assist in determining the cause of accidents or occurrences in connection with the investigation

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recorder requirements of part 125 appli- (ii) A limitation that takeoffs must cable to the aircraft, notwithstanding be made from dry runways unless, such deviation authority. based on a showing of actual operating [Doc. No. 18334, 54 FR 34318, Aug. 18, 1989, as takeoff techniques on wet runways amended by Amdt. 91–226, 56 FR 51621, Oct. with one engine inoperative, takeoffs 11, 1991; Amdt. 91–228, 57 FR 19353, May 5, with full controllability from wet run- 1992; Amdt. 91–300, 73 FR 12564, Mar. 7, 2008; ways have been approved for the spe- Amdt. 91–304, 73 FR 73178, Dec. 2, 2008; Amdt. cific model aircraft and included in the 91–300, 74 FR 32800, July 9, 2009; Amdt. 91–313, Airplane Flight Manual: 75 FR 17045, Apr. 5, 2010] (iii) Operations from airports where § 91.611 Authorization for ferry flight the runways may require a takeoff or with one engine inoperative. approach over populated areas; and (iv) Inspection procedures for deter- (a) General. The holder of an air car- rier operating certificate or an oper- mining the operating condition of the ating certificate issued under part 125 operative engines. may conduct a ferry flight of a four-en- (4) No person may take off an air- gine airplane or a turbine-engine-pow- plane under this section if— ered airplane equipped with three en- (i) The initial climb is over thickly gines, with one engine inoperative, to a populated areas; or base for the purpose of repairing that (ii) Weather conditions at the takeoff engine subject to the following: or destination airport are less than (1) The airplane model has been test those required for VFR flight. flown and found satisfactory for safe (5) Persons other than required flight flight in accordance with paragraph (b) crewmembers shall not be carried dur- or (c) of this section, as appropriate. ing the flight. However, each operator who before No- (6) No person may use a flight crew- vember 19, 1966, has shown that a model member for flight under this section of airplane with an engine inoperative unless that crewmember is thoroughly is satisfactory for safe flight by a test familiar with the operating procedures flight conducted in accordance with for one-engine inoperative ferry flight performance data contained in the ap- contained in the certificate holder’s plicable Airplane Flight Manual under manual and the limitations and per- paragraph (a)(2) of this section need formance information in the Airplane not repeat the test flight for that Flight Manual. model. (b) Flight tests: reciprocating-engine- (2) The approved Airplane Flight powered airplanes. The airplane per- Manual contains the following per- formance of a reciprocating-engine- formance data and the flight is con- powered airplane with one engine inop- ducted in accordance with that data: erative must be determined by flight (i) Maximum weight. test as follows: (ii) Center of gravity limits. (iii) Configuration of the inoperative (1) A speed not less than 1.3 VS1 must propeller (if applicable). be chosen at which the airplane may be (iv) Runway length for takeoff (in- controlled satisfactorily in a climb cluding temperature accountability). with the critical engine inoperative (v) Altitude range. (with its propeller removed or in a con- (vi) Certificate limitations. figuration desired by the operator and (vii) Ranges of operational limits. with all other engines operating at the (viii) Performance information. maximum power determined in para- (ix) Operating procedures. graph (b)(3) of this section. (3) The operator has FAA approved (2) The distance required to accel- procedures for the safe operation of the erate to the speed listed in paragraph airplane, including specific require- (b)(1) of this section and to climb to 50 ments for— feet must be determined with— (i) Limiting the operating weight on (i) The landing gear extended; any ferry flight to the minimum nec- (ii) The critical engine inoperative essary for the flight plus the necessary and its propeller removed or in a con- reserve fuel load; figuration desired by the operator; and

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(iii) The other engines operating at (3) The takeoff, flight, and landing not more than maximum power estab- procedures such as the approximate lished under paragraph (b)(3) of this trim setting, method of power applica- section. tion, maximum power, and speed must (3) The takeoff, flight and landing be established. The airplane must be procedures, such as the approximate satisfactorily controllable during the trim settings, method of power applica- entire takeoff run when operated ac- tion, maximum power, and speed must cording to these procedures. be established. (4) The performance must be deter- (4) The performance must be deter- mined at a maximum weight not great- mined at a maximum weight not great- er than the weight determined under er than the weight that allows a rate of § 25.121(c) of this chapter but with— climb of at least 400 feet per minute in the en route configuration set forth in (i) The actual steady gradient of the § 25.67(d) of this chapter in effect on final takeoff climb requirement not January 31, 1977, at an altitude of 5,000 less than 1.2 percent at the end of the feet. takeoff path with two critical engines (5) The performance must be deter- inoperative; and mined using temperature account- (ii) The climb speed not less than the ability for the takeoff field length, two-engine inoperative trim speed for computed in accordance with § 25.61 of the actual steady gradient of the final this chapter in effect on January 31, takeoff climb prescribed by paragraph 1977. (c)(4)(i) of this section. (c) Flight tests: Turbine-engine-powered (5) The airplane must be satisfac- airplanes. The airplane performance of torily controllable in a climb with two a turbine-engine-powered airplane with critical engines inoperative. Climb per- one engine inoperative must be deter- formance may be shown by calcula- mined by flight tests, including at tions based on, and equal in accuracy least three takeoff tests, in accordance to, the results of testing. with the following: (6) The performance must be deter- (1) Takeoff speeds V and V , not less R 2 mined using temperature account- than the corresponding speeds under ability for takeoff distance and final which the airplane was type certifi- cated under § 25.107 of this chapter, takeoff climb computed in accordance must be chosen at which the airplane with § 25.101 of this chapter. may be controlled satisfactorily with For the purpose of paragraphs (c)(4) the critical engine inoperative (with and (5) of this section, two critical en- its propeller removed or in a configura- gines means two adjacent engines on tion desired by the operator, if applica- one side of an airplane with four en- ble) and with all other engines oper- gines, and the center engine and one ating at not more than the power se- outboard engine on an airplane with lected for type certification as set three engines. forth in § 25.101 of this chapter. (2) The minimum takeoff field length § 91.613 Materials for compartment in- must be the horizontal distance re- teriors. quired to accelerate and climb to the (a) No person may operate an air- 35-foot height at V speed (including 2 plane that conforms to an amended or any additional speed increment ob- supplemental type certificate issued in tained in the tests) multiplied by 115 percent and determined with— accordance with SFAR No. 41 for a (i) The landing gear extended; maximum certificated takeoff weight (ii) The critical engine inoperative in excess of 12,500 pounds unless within and its propeller removed or in a con- 1 year after issuance of the initial air- figuration desired by the operator (if worthiness certificate under that applicable); and SFAR the airplane meets the compart- (iii) The other engine operating at ment interior requirements set forth in not more than the power selected for § 25.853 (a), (b), (b–1), (b–2), and (b–3) of type certification as set forth in § 25.101 this chapter in effect on September 26, of this chapter. 1978.

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(b) Thermal/acoustic insulation ma- scheduled or otherwise planned landing terials. For transport category air- site. planes type certificated after January [Doc. No. FAA–1998–4954, 64 FR 1079, Jan. 7, 1, 1958: 1999] (1) For airplanes manufactured before September 2, 2005, when thermal/acous- § 91.702 Persons on board. tic insulation is installed in the fuse- Section 91.11 of this part (Prohibi- lage as replacements after September tions on interference with crew- 2, 2005, the insulation must meet the members) applies to each person on flame propagation requirements of board an aircraft. § 25.856 of this chapter, effective Sep- tember 2, 2003, if it is: [Doc. No. FAA–1998–4954, 64 FR 1079, Jan. 7, (i) Of a blanket construction or 1999] (ii) Installed around air ducting. § 91.703 Operations of civil aircraft of (2) For airplanes manufactured after U.S. registry outside of the United September 2, 2005, thermal/acoustic in- States. sulation materials installed in the fu- selage must meet the flame propaga- (a) Each person operating a civil air- tion requirements of § 25.856 of this craft of U.S. registry outside of the chapter, effective September 2, 2003. United States shall— (1) When over the high seas, comply [Doc. No. 18334, 54 FR 34318, Aug. 18, 1989, as with annex 2 (Rules of the Air) to the amended by Amdt. 91–279, 68 FR 45083, July Convention on International Civil 31, 2003; Amdt. 91–290, 70 FR 77752, Dec. 30, Aviation and with §§ 91.117(c), 91.127, 2005] 91.129, and 91.131; (2) When within a foreign country, §§ 91.615–91.699 [Reserved] comply with the regulations relating to the flight and maneuver of aircraft Subpart H—Foreign Aircraft Oper- there in force; ations and Operations of U.S.- (3) Except for §§ 91.117(a), 91.307(b), Registered Civil Aircraft Out- 91.309, 91.323, and 91.711, comply with side of the United States; and this part so far as it is not inconsistent Rules Governing Persons on with applicable regulations of the for- Board Such Aircraft eign country where the aircraft is oper- ated or annex 2 of the Convention on International Civil Aviation; and SOURCE: Docket No. 18334, 54 FR 34320, Aug. (4) When operating within airspace 18, 1989, unless otherwise noted. designated as Minimum Navigation § 91.701 Applicability. Performance Specifications (MNPS) airspace, comply with § 91.705. When op- (a) This subpart applies to the oper- erating within airspace designated as ations of civil aircraft of U.S. registry Reduced Vertical Separation Minimum outside of the United States and the (RVSM) airspace, comply with § 91.706. operations of foreign civil aircraft (5) For aircraft subject to ICAO within the United States. Annex 16, carry on board the aircraft (b) Section 91.702 of this subpart also documents that summarize the noise applies to each person on board an air- operating characteristics and certifi- craft operated as follows: cations of the aircraft that dem- (1) A U.S. registered civil aircraft op- onstrate compliance with this part and erated outside the United States; part 36 of this chapter. (2) Any aircraft operated outside the (b) Annex 2 to the Convention on United States— International Civil Aviation, Ninth (i) That has its next scheduled des- Edition—July 1990, with Amendments tination or last place of departure in through Amendment 32 effective Feb- the United States if the aircraft next ruary 19, 1996, to which reference is lands in the United States; or made in this part, is incorporated into (ii) If the aircraft lands in the United this part and made a part hereof as States with the individual still on the provided in 5 U.S.C. § 552 and pursuant aircraft regardless of whether it was a to 1 CFR part 51. Annex 2 (including a

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complete historic file of changes there- (1) The operator and the operator’s to) is available for public inspection at aircraft comply with the requirements the Rules Docket, AGC–200, Federal of appendix G of this part; and Aviation Administration, 800 Independ- (2) The operator is authorized by the ence Avenue SW., Washington, DC Administrator to conduct such oper- 20591; or at the National Archives and ations. Records Administration (NARA). For (b) The Administrator may authorize information on the availability of this a deviation from the requirements of material at NARA, call 202–741–6030, or this section in accordance with Section go to: http://www.archives.gov/ 5 of appendix G to this part. federallregister/ codeloflfederallregulations/ [Doc. No. 28870, 62 FR 17487, Apr. 9, 1997] ibrllocations.html. In addition, Annex 2 may be purchased from the Inter- § 91.707 Flights between Mexico or national Civil Aviation Organization Canada and the United States. (Attention: Distribution Officer), P.O. Unless otherwise authorized by ATC, Box 400, Succursale, Place de no person may operate a civil aircraft L’Aviation Internationale, 1000 between Mexico or Canada and the Sherbrooke Street West, Montreal, United States without filing an IFR or Quebec, Canada H3A 2R2. VFR flight plan, as appropriate. [Doc. No. 18834, 54 FR 34320, Aug. 18, 1989, as amended by Amdt. 91–227, 56 FR 65661, Dec. § 91.709 Operations to Cuba. 17, 1991; Amdt. 91–254, 62 FR 17487, Apr. 9, 1997; 69 FR 18803, Apr. 9, 2004; Amdt. 91–299, 73 No person may operate a civil air- FR 10143, Feb. 26, 2008; Amdt. 91–312, 75 FR craft from the United States to Cuba 9333, Mar. 2, 2010] unless— (a) Departure is from an inter- § 91.705 Operations within airspace national airport of entry designated in designated as Minimum Navigation § 6.13 of the Air Commerce Regulations Performance Specification Air- space. of the Bureau of Customs (19 CFR 6.13); and (a) Except as provided in paragraph (b) In the case of departure from any (b) of this section, no person may oper- of the 48 contiguous States or the Dis- ate a civil aircraft of U.S. registry in airspace designated as Minimum Navi- trict of Columbia, the pilot in com- gation Performance Specifications air- mand of the aircraft has filed— space unless— (1) A DVFR or IFR flight plan as pre- (1) The aircraft has approved naviga- scribed in § 99.11 or § 99.13 of this chap- tion performance capability that com- ter; and plies with the requirements of appendix (2) A written statement, within 1 C of this part; and hour before departure, with the Office (2) The operator is authorized by the of Immigration and Naturalization Administrator to perform such oper- Service at the airport of departure, ations. containing— (b) The Administrator may authorize (i) All information in the flight plan; a deviation from the requirements of (ii) The name of each occupant of the this section in accordance with Section aircraft; 3 of appendix C to this part. (iii) The number of occupants of the [Doc. No. 28870, 62 FR 17487, Apr. 9, 1997] aircraft; and (iv) A description of the cargo, if any. § 91.706 Operations within airspace designed as Reduced Vertical Sepa- This section does not apply to the oper- ration Minimum Airspace. ation of aircraft by a scheduled air car- (a) Except as provided in paragraph rier over routes authorized in oper- (b) of this section, no person may oper- ations specifications issued by the Ad- ate a civil aircraft of U.S. registry in ministrator. airspace designated as Reduced (Approved by the Office of Management and Vertical Separation Minimum (RVSM) Budget under control number 2120–0005) airspace unless:

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

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

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135 of this chapter on and after Sep- graphs (a), (b), and (c) of this section tember 25, 1991. continue to apply. (d) Section 91.877 prescribes reporting [Docket No. 18334, 54 FR 34321, Aug. 18, 1989, requirements that apply to any civil as amended by Amdt. 91–276, 67 FR 46571, subsonic jet (turbojet) airplane with a July 15, 2002] maximum weight of more than 75,000 pounds operated by an air carrier or § 91.805 Final compliance: Subsonic foreign air carrier between the contig- airplanes. uous United States and the State of Except as provided in §§ 91.809 and Hawaii, between the State of Hawaii 91.811, on and after January 1, 1985, no and any point outside of the 48 contig- person may operate to or from an air- uous United States, or between the is- port in the United States any subsonic lands of Hawaii in turnaround service, airplane covered by this subpart unless under part 121 or 129 of this chapter on that airplane has been shown to com- or after November 5, 1990. ply with Stage 2 or Stage 3 noise levels under part 36 of this chapter. [Doc. No. 18334, 54 FR 34321, Aug. 18, 1989; Amdt. 91–211, 54 FR 41211, Oct. 5, 1989, as §§ 91.807–91.813 [Reserved] amended by Amdt. 91–225, 56 FR 48658, Sept. 25, 1991; Amdt. 91–252, 61 FR 66185, Dec. 16, § 91.815 Agricultural and fire fighting 1996; Amdt. 91–275, 67 FR 45237, July 8, 2002; airplanes: Noise operating limita- Amdt. 91–276, 67 FR 46571, July 15, 2002] tions. (a) This section applies to propeller- § 91.803 Part 125 operators: Designa- driven, small airplanes having standard tion of applicable regulations. airworthiness certificates that are de- For airplanes covered by this subpart signed for ‘‘agricultural aircraft oper- and operated under part 125 of this ations’’ (as defined in § 137.3 of this chapter, the following regulations chapter, as effective on January 1, 1966) apply as specified: or for dispensing fire fighting mate- (a) For each airplane operation to rials. which requirements prescribed under (b) If the Airplane Flight Manual, or this subpart applied before November other approved manual material infor- 29, 1980, those requirements of this sub- mation, markings, or placards for the part continue to apply. airplane indicate that the airplane has (b) For each subsonic airplane oper- not been shown to comply with the ation to which requirements prescribed noise limits under part 36 of this chap- ter, no person may operate that air- under this subpart did not apply before plane, except— November 29, 1980, because the airplane (1) To the extent necessary to accom- was not operated in the United States plish the work activity directly associ- under this part or part 121, 129, or 135 of ated with the purpose for which it is this chapter, the requirements pre- designed; scribed under § 91.805 of this subpart (2) To provide flight crewmember apply. training in the special purpose oper- (c) For each supersonic airplane oper- ation for which the airplane is de- ation to which requirements prescribed signed; and under this subpart did not apply before (3) To conduct ‘‘nondispensing aerial November 29, 1980, because the airplane work operations’’ in accordance with was not operated in the United States the requirements under § 137.29(c) of under this part or part 121, 129, or 135 of this chapter. this chapter, the requirements of §§ 91.819 and 91.821 of this subpart apply. § 91.817 Civil aircraft sonic boom. (d) For each airplane required to op- (a) No person may operate a civil air- erate under part 125 for which a devi- craft in the United States at a true ation under that part is approved to flight Mach number greater than 1 ex- operate, in whole or in part, under this cept in compliance with conditions and part or part 121, 129, or 135 of this chap- limitations in an authorization to ex- ter, notwithstanding the approval, the ceed Mach 1 issued to the operator requirements prescribed under para- under appendix B of this part.

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(b) In addition, no person may oper- 1977, using applicable trade-off provi- ate a civil aircraft for which the max- sions. imum operating limit speed MM0 ex- ceeds a Mach number of 1, to or from §§ 91.823–91.849 [Reserved] an airport in the United States, un- less— § 91.851 Definitions. (1) Information available to the For the purposes of §§ 91.851 through flight crew includes flight limitations 91.877 of this subpart: that ensure that flights entering or Chapter 4 noise level means a noise leaving the United States will not level at or below the maximum noise cause a sonic boom to reach the surface level prescribed in Chapter 4, Para- within the United States; and graph 4.4, Maximum Noise Levels, of (2) The operator complies with the the International Civil Aviation Orga- flight limitations prescribed in para- nization (ICAO) Annex 16, Volume I, graph (b)(1) of this section or complies Amendment 7, effective March 21, 2002. with conditions and limitations in an The Director of the Federal Register in authorization to exceed Mach 1 issued accordance with 5 U.S.C. 552(a) and 1 under appendix B of this part. CFR part 51 approved the incorporation (Approved by the Office of Management and by reference of this document, which Budget under control number 2120–0005) can be obtained from the International Civil Aviation Organization (ICAO), § 91.819 Civil supersonic airplanes that Document Sales Unit, 999 University do not comply with part 36. Street, Montreal, Quebec H3C 5H7, Can- (a) Applicability. This section applies ada. Also, you may obtain documents to civil supersonic airplanes that have on the Internet at http://www.ICAO.int/ not been shown to comply with the eshop/index.cfm. Copies may be reviewed Stage 2 noise limits of part 36 in effect at the U.S. Department of Transpor- on October 13, 1977, using applicable tation, Docket Operations, West Build- trade-off provisions, and that are oper- ing Ground Floor, Room W12–140, 1200 ated in the United States, after July New Jersey Avenue, SE., Washington, 31, 1978. DC 20590 or at the National Archives (b) Airport use. Except in an emer- and Records Administration (NARA). gency, the following apply to each per- For information on the availability of son who operates a civil supersonic air- this material at NARA, call 202–741– plane to or from an airport in the 6030, or go to: http://www.archives.gov/ United States: federallregister/ (1) Regardless of whether a type de- codeloflfederallregulations/ sign change approval is applied for ibrllocations.html. under part 21 of this chapter, no person Contiguous United States means the may land or take off an airplane cov- area encompassed by the 48 contiguous ered by this section for which the type United States and the District of Co- design is changed, after July 31, 1978, in lumbia. a manner constituting an ‘‘acoustical Fleet means those civil subsonic jet change’’ under § 21.93 unless the acous- (turbojet) airplanes with a maximum tical change requirements of part 36 certificated weight of more than 75,000 are complied with. pounds that are listed on an operator’s (2) No flight may be scheduled, or operations specifications as eligible for otherwise planned, for takeoff or land- operation in the contiguous United ing after 10 p.m. and before 7 a.m. local States. time. Import means a change in ownership of an airplane from a non-U.S. person § 91.821 Civil supersonic airplanes: to a U.S. person when the airplane is Noise limits. brought into the United States for op- Except for Concorde airplanes having eration. flight time before January 1, 1980, no Operations specifications means an person may operate in the United enumeration of airplanes by type, States, a civil supersonic airplane that model, series, and serial number oper- does not comply with Stage 2 noise ated by the operator or foreign air car- limits of part 36 in effect on October 13, rier on a given day, regardless of how

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or whether such airplanes are formally comply with Stage 3 or Stage 4 noise listed or designated by the operator. levels. Owner means any person that has in- [Doc. No. FAA–2003–16526, 70 FR 38749, July 5, dicia of ownership sufficient to register 2005] the airplane in the United States pur- suant to part 47 of this chapter. § 91.855 Entry and nonaddition rule. New entrant means an air carrier or No person may operate any airplane foreign air carrier that, on or before subject to § 91.801(c) of this subpart to November 5, 1990, did not conduct oper- or from an airport in the contiguous ations under part 121 or 129 of this United States unless one or more of the chapter using an airplane covered by following apply: this subpart to or from any airport in (a) The airplane complies with Stage the contiguous United States, but that 3 or Stage 4 noise levels. initiates such operation after that (b) The airplane complies with Stage date. 2 noise levels and was owned by a U.S. Stage 2 noise levels mean the require- person on and since November 5, 1990. ments for Stage 2 noise levels as de- Stage 2 airplanes that meet these cri- fined in part 36 of this chapter in effect teria and are leased to foreign airlines on November 5, 1990. are also subject to the return provi- Stage 3 noise levels mean the require- sions of paragraph (e) of this section. ments for Stage 3 noise levels as de- (c) The airplane complies with Stage fined in part 36 of this chapter in effect 2 noise levels, is owned by a non-U.S. on November 5, 1990. person, and is the subject of a binding Stage 4 noise level means a noise level lease to a U.S. person effective before at or below the Stage 4 noise limit pre- and on September 25, 1991. Any such scribed in part 36 of this chapter. airplane may be operated for the term Stage 2 airplane means a civil sub- of the lease in effect on that date, and sonic jet (turbojet) airplane with a any extensions thereof provided for in maximum certificated weight of 75,000 that lease. pounds or more that complies with (d) The airplane complies with Stage Stage 2 noise levels as defined in part 2 noise levels and is operated by a for- 36 of this chapter. eign air carrier. (e) The airplane complies with Stage Stage 3 airplane means a civil sub- 2 noise levels and is operated by a for- sonic jet (turbojet) airplane with a eign operator other than for the pur- maximum certificated weight of 75,000 pose of foreign air commerce. pounds or more that complies with (f) The airplane complies with Stage Stage 3 noise levels as defined in part 2 noise levels and— 36 of this chapter. (1) On November 5, 1990, was owned Stage 4 airplane means an airplane by: that has been shown not to exceed the (i) A corporation, trust, or partner- Stage 4 noise limit prescribed in part 36 ship organized under the laws of the of this chapter. A Stage 4 airplane United States or any State (including complies with all of the noise oper- individual States, territories, posses- ating rules of this part. sions, and the District of Columbia); [Doc. No. 26433, 56 FR 48658, Sept. 25, 1991, as (ii) An individual who is a citizen of amended by Amdt. 91–252, 61 FR 66185, Dec. the United States; or 16, 1996; Amdt. 91–275, 67 FR 45237, July 8, (iii) An entity owned or controlled by 2002; Amdt. 91–288, 70 FR 38749, July 5, 2005; 72 a corporation, trust, partnership, or in- FR 68475, Dec. 5, 2007] dividual described in paragraph (f)(1) (i) or (ii) of this section; and § 91.853 Final compliance: Civil sub- (2) Enters into the United States not sonic airplanes. later than 6 months after the expira- Except as provided in § 91.873, after tion of a lease agreement (including December 31, 1999, no person shall oper- any extensions thereof) between an ate to or from any airport in the con- owner described in paragraph (f)(1) of tiguous United States any airplane this section and a foreign airline. subject to § 91.801(c) of this subpart, un- (g) The airplane complies with Stage less that airplane has been shown to 2 noise levels and was purchased by the

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importer under a written contract exe- § 91.859 Modification to meet Stage 3 cuted before November 5, 1990. or Stage 4 noise levels. (h) Any Stage 2 airplane described in For an airplane subject to § 91.801(c) this section is eligible for operation in of this subpart and otherwise prohib- the contiguous United States only as ited from operation to or from an air- provided under § 91.865 or 91.867. port in the contiguous United States [Doc. No. 26433, 56 FR 48658, Sept. 25, 1991; 56 by § 91.855, any person may apply for a FR 51167, Oct. 10, 1991, as amended by Amdt. special flight authorization for that 91–288, 70 FR 38750, July 5, 2005] airplane to operate in the contiguous United States for the purpose of ob- § 91.857 Stage 2 operations outside of taining modifications to meet Stage 3 the 48 contiguous United States. or Stage 4 noise levels. An operator of a Stage 2 airplane [Doc. No. FAA–2003–16526, 70 FR 38750, July 5, that is operating only between points 2005] outside the contiguous United States on or after November 5, 1990, must in- § 91.861 Base level. clude in its operations specifications a (a) U.S. Operators. The base level of a statement that such airplane may not U.S. operator is equal to the number of be used to provide air transportation to owned or leased Stage 2 airplanes sub- or from any airport in the contiguous ject to § 91.801(c) of this subpart that United States. were listed on that operator’s oper- [Doc. No. FAA–2002–12771, 67 FR 46571, July ations specifications for operations to 15, 2002] or from airports in the contiguous United States on any one day selected § 91.858 Special flight authorizations by the operator during the period Jan- for non-revenue Stage 2 operations. uary 1, 1990, through July 1, 1991, plus (a) After December 31, 1999, any oper- or minus adjustments made pursuant ator of a Stage 2 airplane over 75,000 to paragraphs (a) (1) and (2). pounds may operate that airplane in (1) The base level of a U.S. operator nonrevenue service in the contiguous shall be increased by a number equal to United States only for the following the total of the following— purposes: (i) The number of Stage 2 airplanes (1) Sell, lease, or scrap the airplane; returned to service in the United (2) Obtain modifications to meet States pursuant to § 91.855(f); Stage 3 noise levels; (ii) The number of Stage 2 airplanes (3) Obtain scheduled heavy mainte- purchased pursuant to § 91.855(g); and nance or significant modifications; (iii) Any U.S. operator base level ac- quired with a Stage 2 airplane trans- (4) Deliver the airplane to a lessee or ferred from another person under return it to a lessor; § 91.863. (5) Park or store the airplane; and (2) The base level of a U.S. operator (6) Prepare the airplane for any of shall be decreased by the amount of the purposes listed in paragraph (a)(1) U.S. operator base level transferred thru (a)(5) of this section. with the corresponding number of (b) An operator of a Stage 2 airplane Stage 2 airplanes to another person that needs to operate in the contiguous under § 91.863. United States for any of the purposes (b) Foreign air carriers. The base listed above may apply to FAA’s Office level of a foreign air carrier is equal to of Environment and Energy for a spe- the number of owned or leased Stage 2 cial flight authorization. The applicant airplanes that were listed on that car- must file in advance. Applications are rier’s U.S. operations specifications on due 30 days in advance of the planned any one day during the period January flight and must provide the informa- 1, 1990, through July 1, 1991, plus or tion necessary for the FAA to deter- minus any adjustments to the base lev- mine that the planned flight is within els made pursuant to paragraphs (b) (1) the limits prescribed in the law. and (2). [Doc. No. FAA–2002–12771, 67 FR 46571, July (1) The base level of a foreign air car- 15, 2002] rier shall be increased by the amount

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of foreign air carrier base level ac- may not be used to establish compli- quired with a Stage 2 airplane from an- ance with the requirements of § 91.865. other person under § 91.863. [Doc. No. 26433, 56 FR 48659, Sept. 25, 1991] (2) The base level of a foreign air car- rier shall be decreased by the amount § 91.865 Phased compliance for opera- of foreign air carrier base level trans- tors with base level. ferred with a Stage 2 airplane to an- other person under § 91.863. Except as provided in paragraph (a) (c) New entrants do not have a base of this section, each operator that op- level. erates an airplane under part 91, 121, 125, 129, or 135 of this chapter, regard- [Doc. No. 26433, 56 FR 48659, Sept. 25, 1991; 56 less of the national registry of the air- FR 51167, Oct. 10, 1991] plane, shall comply with paragraph (b) or (d) of this section at each interim § 91.863 Transfers of Stage 2 airplanes with base level. compliance date with regard to its sub- sonic airplane fleet covered by (a) Stage 2 airplanes may be trans- § 91.801(c) of this subpart. ferred with or without the cor- (a) This section does not apply to responding amount of base level. Base new entrants covered by § 91.867 or to level may not be transferred without foreign operators not engaged in for- the corresponding number of Stage 2 eign air commerce. airplanes. (b) Each operator that chooses to (b) No portion of a U.S. operator’s comply with this paragraph pursuant base level established under § 91.861(a) may be used for operations by a foreign to any interim compliance requirement air carrier. No portion of a foreign air shall reduce the number of Stage 2 air- carrier’s base level established under planes it operates that are eligible for § 91.861(b) may be used for operations operation in the contiguous United by a U.S. operator. States to a maximum of: (c) Whenever a transfer of Stage 2 (1) After December 31, 1994, 75 percent airplanes with base level occurs, the of the base level held by the operator; transferring and acquiring parties (2) After December 31, 1996, 50 percent shall, within 10 days, jointly submit of the base level held by the operator; written notification of the transfer to (3) After December 31, 1998, 25 percent the FAA, Office of Environment and of the base level held by the operator. Energy. Such notification shall state: (c) Except as provided under § 91.871, (1) The names of the transferring and the number of Stage 2 airplanes that acquiring parties; must be reduced at each compliance (2) The name, address, and telephone date contained in paragraph (b) of this number of the individual responsible section shall be determined by ref- for submitting the notification on be- erence to the amount of base level held half of the transferring and acquiring by the operator on that compliance parties; date, as calculated under § 91.861. (3) The total number of Stage 2 air- (d) Each operator that chooses to planes transferred, listed by airplane comply with this paragraph pursuant type, model, series, and serial number; to any interim compliance requirement (4) The corresponding amount of base shall operate a fleet that consists of: level transferred and whether it is U.S. (1) After December 31, 1994, not less operator or foreign air carrier base than 55 percent Stage 3 airplanes; level; and (2) After December 31, 1996, not less (5) The effective date of the trans- than 65 percent Stage 3 airplanes; action. (3) After December 31, 1998, not less (d) If, taken as a whole, a transaction than 75 percent Stage 3 airplanes. or series of transactions made pursuant (e) Calculations resulting in fractions to this section does not produce an in- may be rounded to permit the contin- crease or decrease in the number of ued operation of the next whole num- Stage 2 airplanes for either the acquir- ber of Stage 2 airplanes. ing or transferring operator, such transaction or series of transactions [Doc. No. 26433, 56 FR 48659, Sept. 25, 1991]

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§ 91.867 Phased compliance for new cember 31, 1994, or December 31, 1996, entrants. may count the number of additional (a) New entrant U.S. air carriers. Stage 2 airplanes reduced as a credit (1) A new entrant initiating oper- toward— ations under part 121 of this chapter on (1) The number of Stage 2 airplanes it or before December 31, 1994, may ini- would otherwise be required to reduce tiate service without regard to the per- following a subsequent interim compli- centage of its fleet composed of Stage ance date specified in § 91.865(b); or 3 airplanes. (2) The number of Stage 3 airplanes it (2) After December 31, 1994, at least 25 would otherwise be required to operate percent of the fleet of a new entrant in its fleet following a subsequent in- must comply with Stage 3 noise levels. terim compliance date to meet the per- (3) After December 31, 1996, at least 50 centage requirements specified in percent of the fleet of a new entrant § 91.865(d). must comply with Stage 3 noise levels. (4) After December 31, 1998, at least 75 [Doc. No. 26433, 56 FR 48659, Sept. 25, 1991; 56 percent of the fleet of a new entrant FR 65783, Dec. 18, 1991] must comply with Stage 3 noise levels. (b) New entrant foreign air carriers. § 91.871 Waivers from interim compli- (1) A new entrant foreign air carrier ance requirements. initiating part 129 operations on or be- (a) Any U.S. operator or foreign air fore December 31, 1994, may initiate carrier subject to the requirements of service without regard to the percent- § 91.865 or 91.867 of this subpart may re- age of its fleet composed of Stage 3 air- quest a waiver from any individual planes. (2) After December 31, 1994, at least 25 compliance requirement. percent of the fleet on U.S. operations (b) Applications must be filed with specifications of a new entrant foreign the Secretary of Transportation at air carrier must comply with Stage 3 least 120 days prior to the compliance noise levels. date from which the waiver is re- (3) After December 31, 1996, at least 50 quested. percent of the fleet on U.S. operations (c) Applicants must show that a specifications of a new entrant foreign grant of waiver would be in the public air carrier must comply with Stage 3 interest, and must include in its appli- noise levels. cation its plans and activities for modi- (4) After December 31, 1998, at least 75 fying its fleet, including evidence of percent of the fleet on U.S. operations good faith efforts to comply with the specifications of a new entrant foreign requirements of § 91.865 or § 91.867. The air carrier must comply with Stage 3 application should contain all informa- noise levels. tion the applicant considers relevant, (c) Calculations resulting in fractions including, as appropriate, the fol- may be rounded to permit the contin- lowing: ued operation of the next whole num- ber of Stage 2 airplanes. (1) The applicant’s balance sheet and cash flow positions; [Doc. No. 26433, 56 FR 48659, Sept. 25, 1991, as (2) The composition of the applicant’s amended by Amdt. 91–252, 61 FR 66185, Dec. current fleet; and 16, 1996] (3) The applicant’s delivery position § 91.869 Carry-forward compliance. with respect to new airplanes or noise- (a) Any operator that exceeds the re- abatement equipment. quirements of paragraph (b) of § 91.865 (d) Waivers will be granted only upon of this part on or before December 31, a showing by the applicant that com- 1994, or on or before December 31, 1996, pliance with the requirements of may claim a credit that may be applied § 91.865 or 91.867 at a particular interim at a subsequent interim compliance compliance date is financially onerous, date. physically impossible, or techno- (b) Any operator that eliminates or logically infeasible, or that it would modifies more Stage 2 airplanes pursu- have an adverse effect on competition ant to § 91.865(b) than required as of De- or on service to small communities.

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(e) The conditions of any waiver application, but in no case will the granted under this section shall be de- waiver permit the operation of any termined by the circumstances pre- Stage 2 airplane covered by this sub- sented in the application, but in no chapter in the contiguous United case may the term extend beyond the States after December 31, 2003. next interim compliance date. (f) A summary of any request for a (f) A summary of any request for a waiver under this section will be pub- waiver under this section will be pub- lished in the FEDERAL REGISTER, and lished in the FEDERAL REGISTER, and public comment will be invited. Unless public comment will be invited. Unless the secretary finds that circumstances the Secretary finds that circumstances require otherwise, the public comment require otherwise, the public comment period will be at least 14 days. period will be at least 14 days. [Doc. No. 26433, 56 FR 48660, Sept. 25, 1991; 56 [Doc. No. 26433, 56 FR 48660, Sept. 25, 1991] FR 51167 Oct. 10, 1991; Amdt. 91–276, 67 FR § 91.873 Waivers from final compli- 46571, July 15, 2002] ance. § 91.875 Annual progress reports. (a) A U.S. air carrier or a foreign air carrier may apply for a waiver from (a) Each operator subject to § 91.865 the prohibition contained in § 91.853 of or § 91.867 of this chapter shall submit this part for its remaining Stage 2 air- an annual report to the FAA, Office of planes, provided that, by July 1, 1999, Environment and Energy, on the at least 85 percent of the airplanes used progress it has made toward complying by the carrier to provide service to or with the requirements of that section. from an airport in the contiguous Such reports shall be submitted no United States will comply with the later than 45 days after the end of a Stage 3 noise levels. calendar year. All progress reports (b) An application for the waiver de- must provide the information through scribed in paragraph (a) of this section the end of the calendar year, be cer- must be filed with the Secretary of tified by the operator as true and com- Transportation no later than January plete (under penalty of 18 U.S.C. 1001), 1, 1999, or, in the case of a foreign air and include the following information: carrier, no later than April 20, 2000. (1) The name and address of the oper- Such application must include a plan ator; with firm orders for replacing or modi- (2) The name, title, and telephone fying all airplanes to comply with number of the person designated by the Stage 3 noise levels at the earliest operator to be responsible for ensuring practicable time. the accuracy of the information in the (c) To be eligible to apply for the report; waiver under this section, a new en- (3) The operator’s progress during the trant U.S. air carrier must initiate reporting period toward compliance service no later than January 1, 1999, with the requirements of § 91.853, and must comply fully with all provi- sions of this section. § 91.865 or § 91.867. For airplanes on U.S. (d) The Secretary may grant a waiver operations specifications, each oper- under this section if the Secretary ator shall identify the airplanes by finds that granting such waiver is in type, model, series, and serial number. the public interest. In making such a (i) Each Stage 2 airplane added or re- finding, the Secretary shall include moved from operation or U.S. oper- consideration of the effect of granting ations specifications (grouped sepa- such waiver on competition in the air rately by those airplanes acquired with carrier industry and the effect on small and without base level); community air service, and any other (ii) Each Stage 2 airplane modified to information submitted by the appli- Stage 3 noise levels (identifying the cant that the Secretary considers rel- manufacturer and model of noise evant. abatement retrofit equipment; (e) The term of any waiver granted (iii) Each Stage 3 airplane on U.S. op- under this section shall be determined erations specifications as of the last by the circumstances presented in the day of the reporting period; and

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(iv) For each Stage 2 airplane trans- the information reported pursuant to ferred or acquired, the name and ad- paragraph (a) of this section. dress of the recipient or transferor; (f) For each U.S. operator subject to and, if base level was transferred, the § 91.865, progress reports submitted for person to or from whom base level was calendar years 1994, 1996, and 1998, shall transferred or acquired pursuant to also state how the operator achieved Section 91.863 along with the effective compliance with the requirements of date of each base level transaction, and that section, i.e.— the type of base level transferred or ac- (1) By reducing the number of Stage quired. 2 airplanes in its fleet to no more than (b) Each operator subject to § 91.865 the maximum permitted percentage of or § 91.867 of this chapter shall submit its base level under § 91.865(b), or an initial progress report covering the (2) By operating a fleet that consists period from January 1, 1990, through of at least the minimum required per- December 31, 1991, and provide: centage of Stage 3 airplanes under (1) For each operator subject to § 91.865(d). § 91.865: (Approved by the Office of Management and (i) The date used to establish its base Budget under control number 2120–0553) level pursuant to § 91.861(a); and (ii) A list of those Stage 2 airplanes [Doc. No. 26433, 56 FR 48660, Sept. 25, 1991; 56 FR 51168, Oct. 10, 1991, as amended by 57 FR (by type, model, series and serial num- 5977, Feb. 19, 1992] ber) in its base level, including adjust- ments made pursuant to § 91.861 after § 91.877 Annual reporting of Hawaiian the date its base level was established. operations. (2) For each U.S. operator: (a) Each air carrier or foreign air car- (i) A plan to meet the compliance rier subject to § 91.865 or § 91.867 of this schedules in § 91.865 or § 91.867 and the part that conducts operations between final compliance date of § 91.853, includ- the contiguous United States and the ing the schedule for delivery of replace- State of Hawaii, between the State of ment Stage 3 airplanes or the installa- Hawaii and any point outside of the tion of noise abatement retrofit equip- contiguous United States, or between ment; and the islands of Hawaii in turnaround (ii) A separate list (by type, model, service, on or since November 5, 1990, series, and serial number) of those air- shall include in its annual report the planes included in the operator’s base information described in paragraph (c) level, pursuant to § 91.861(a)(1) (i) and of this section. (ii), under the categories ‘‘returned’’ or (b) Each air carrier or foreign air car- ‘‘purchased,’’ along with the date each rier not subject to § 91.865 or § 91.867 of was added to its operations specifica- this part that conducts operations be- tions. tween the contiguous U.S. and the (c) Each operator subject to § 91.865 or State of Hawaii, between the State of § 91.867 of this chapter shall submit sub- Hawaii and any point outside of the sequent annual progress reports cov- contiguous United States, or between ering the calendar year preceding the the islands of Hawaii in turnaround report and including any changes in service, on or since November 5, 1990, the information provided in paragraphs shall submit an annual report to the (a) and (b) of this section; including the FAA, Office of Environment and En- use of any carry-forward credits pursu- ergy, on its compliance with the Ha- ant to § 91.869. waiian operations provisions of 49 (d) An operator may request, in any U.S.C. 47528. Such reports shall be sub- report, that specific planning data be mitted no later than 45 days after the considered proprietary. end of a calendar year. All progress re- (e) If an operator’s actions during ports must provide the information any reporting period cause it to through the end of the calendar year, achieve compliance with § 91.853, the re- be certified by the operator as true and port should include a statement to that complete (under penalty of 18 U.S.C. effect. Further progress reports are not 1001), and include the following infor- required unless there is any change in mation—

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(1) The name and address of the air §§ 91.879–91.899 [Reserved] carrier or foreign air carrier; (2) The name, title, and telephone Subpart J—Waivers number of the person designated by the air carrier or foreign air carrier to be § 91.901 [Reserved] responsible for ensuring the accuracy of the information in the report; and § 91.903 Policy and procedures. (3) The information specified in para- (a) The Administrator may issue a graph (c) of this section. certificate of waiver authorizing the (c) The following information must operation of aircraft in deviation from be included in reports filed pursuant to any rule listed in this subpart if the this section— Administrator finds that the proposed (1) For operations conducted between operation can be safely conducted the contiguous United States and the under the terms of that certificate of State of Hawaii— waiver. (i) The number of Stage 2 airplanes (b) An application for a certificate of used to conduct such operations as of waiver under this part is made on a November 5, 1990; form and in a manner prescribed by the (ii) Any change to that number dur- Administrator and may be submitted ing the calendar year being reported, to any FAA office. including the date of such change; (c) A certificate of waiver is effective as specified in that certificate of waiv- (2) For air carriers that conduct er. inter-island turnaround service in the State of Hawaii— [Doc. No. 18334, 54 FR 34325, Aug. 18, 1989] (i) The number of Stage 2 airplanes used to conduct such operations as of § 91.905 List of rules subject to waiv- November 5, 1990; ers. (ii) Any change to that number dur- Sec. 91.107 Use of safety belts. ing the calendar year being reported, 91.111 Operating near other aircraft. including the date of such change; 91.113 Right-of-way rules: Except water op- (iii) For an air carrier that provided erations. inter-island trunaround service within 91.115 Right-of-way rules: Water operations. the state of Hawaii on November 5, 91.117 Aircraft speed. 1990, the number reported under para- 91.119 Minimum safe altitudes: General. graph (c)(2)(i) of this section may in- 91.121 Altimeter settings. clude all Stage 2 airplanes with a max- 91.123 Compliance with ATC clearances and instructions. imum certificated takeoff weight of 91.125 ATC light signals. more than 75,000 pounds that were 91.126 Operating on or in the vicinity of an owned or leased by the air carrier on airport in Class G airspace. November 5, 1990, regardless of whether 91.127 Operating on or in the vicinity of an such airplanes were operated by that airport in Class E airspace. air carrier or foreign air carrier on 91.129 Operations in Class D airspace. that date. 91.130 Operations in Class C airspace. 91.131 Operations in Class B airspace. (3) For operations conducted between 91.133 Restricted and prohibited areas. the State of Hawaii and a point outside 91.135 Operations in Class A airspace. the contiguous United States— 91.137 Temporary flight restrictions. (i) The number of Stage 2 airplanes 91.141 Flight restrictions in the proximity used to conduct such operations as of of the Presidential and other parties. November 5, 1990; and 91.143 Flight limitation in the proximity of (ii) Any change to that number dur- space flight operations. 91.153 VFR flight plan: Information re- ing the calendar year being reported, quired. including the date of such change. 91.155 Basic VFR weather minimums (d) Reports or amended reports for 91.157 Special VFR weather minimums. years predating this regulation are re- 91.159 VFR cruising altitude or flight level. quired to be filed concurrently with the 91.169 IFR flight plan: Information required. next annual report. 91.173 ATC clearance and flight plan re- quired. [Doc. No. 28213, 61 FR 66185, Dec. 16, 1996] 91.175 Takeoff and landing under IFR.

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91.177 Minimum altitudes for IFR oper- presumed to constitute control for pur- ations. poses of determining an affiliation 91.179 IFR cruising altitude or flight level. under this subpart. 91.181 Course to be flown. 91.183 IFR radio communications. (2) A dry-lease aircraft exchange means 91.185 IFR operations: Two-way radio com- an arrangement, documented by the munications failure. written program agreements, under 91.187 Operation under IFR in controlled which the program aircraft are avail- airspace: Malfunction reports. able, on an as needed basis without 91.209 Aircraft lights. 91.303 Aerobatic flights. crew, to each fractional owner. 91.305 Flight test areas. (3) A fractional owner or owner means 91.311 Towing: Other than under § 91.309. an individual or entity that possesses a 91.313(e) Restricted category civil aircraft: minimum fractional ownership interest Operating limitations. in a program aircraft and that has en- 91.515 Flight altitude rules. 91.705 Operations within the North Atlantic tered into the applicable program Minimum Navigation Performance Spec- agreements; provided, however, that in ifications Airspace. the case of the flight operations de- 91.707 Flights between Mexico or Canada scribed in paragraph (b)(6)(ii) of this and the United States. section, and solely for purposes of re- 91.713 Operation of civil aircraft of Cuban quirements pertaining to those flight registry. operations, the fractional owner oper- [Doc. No. 18334, 54 FR 34325, Aug. 18, 1989, as ating the aircraft will be deemed to be amended by Amdt. 91–227, 56 FR 65661, Dec. a fractional owner in the program man- 17, 1991] aged by the affiliate. §§ 91.907–91.999 [Reserved] (4) A fractional ownership interest means the ownership of an interest or Subpart K—Fractional Ownership holding of a multi-year leasehold inter- Operations est and/or a multi-year leasehold inter- est that is convertible into an owner- ship interest in a program aircraft. SOURCE: Docket No. FAA–2001–10047, 68 FR 54561, Sept. 17, 2003, unless otherwise noted. (5) A fractional ownership program or program means any system of aircraft § 91.1001 Applicability. ownership and exchange that consists (a) This subpart prescribes rules, in of all of the following elements: addition to those prescribed in other (i) The provision for fractional own- subparts of this part, that apply to ership program management services fractional owners and fractional owner- by a single fractional ownership pro- ship program managers governing— gram manager on behalf of the frac- (1) The provision of program manage- tional owners. ment services in a fractional ownership (ii) Two or more airworthy aircraft. program; (iii) One or more fractional owners (2) The operation of a fractional own- per program aircraft, with at least one ership program aircraft in a fractional program aircraft having more than one ownership program; and owner. (3) The operation of a program air- (iv) Possession of at least a minimum craft included in a fractional ownership fractional ownership interest in one or program managed by an affiliate of the more program aircraft by each frac- manager of the program to which the tional owner. owner belongs. (b) As used in this part— (v) A dry-lease aircraft exchange ar- (1) Affiliate of a program manager rangement among all of the fractional means a manager that, directly, or in- owners. directly, through one or more inter- (vi) Multi-year program agreements mediaries, controls, is controlled by, or covering the fractional ownership, is under common control with, another fractional ownership program manage- program manager. The holding of at ment services, and dry-lease aircraft least forty percent (40 percent) of the exchange aspects of the program. equity and forty percent (40 percent) of (6) A fractional ownership program air- the voting power of an entity will be craft or program aircraft means:

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

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all applicable requirements of this substitute for a program flight, the chapter. flight must be operated in compliance (b) Provides the owner the right to with part 121 or part 135 of this chap- inspect and to audit, or have a designee ter, as applicable. of the owner inspect and audit, the (b) A program manager who holds a records of the program manager per- certificate under part 119 of this chap- taining to the operational safety of the ter may conduct a flight for the use of program and those records required to a fractional owner under part 121 or show compliance with the management part 135 of this chapter if the aircraft is specifications and all applicable regu- listed on that certificate holder’s oper- lations. These records include, but are ations specifications for part 121 or not limited to, the management speci- part 135, as applicable. fications, authorizations, approvals, (c) The fractional owner must be in- manuals, log books, and maintenance formed when a flight is being con- records maintained by the program ducted as a program flight or is being manager. conducted under part 121 or part 135 of (c) Designates the program manager this chapter. as the owner’s agent to receive service of notices pertaining to the program OPERATIONAL CONTROL that the FAA seeks to provide to own- ers and authorizes the FAA to send § 91.1009 Clarification of operational such notices to the program manager control. in its capacity as the agent of the (a) An owner is in operational control owner for such service. of a program flight when the owner— (d) Acknowledges the FAA’s right to (1) Has the rights and is subject to contact the owner directly if the Ad- the limitations set forth in §§ 91.1003 ministrator determines that direct through 91.1013; contact is necessary. (2) Has directed that a program air- craft carry passengers or property des- § 91.1005 Prohibitions and limitations. ignated by that owner; and (a) Except as provided in § 91.321 or (3) The aircraft is carrying those pas- § 91.501, no owner may carry persons or sengers or property. property for compensation or hire on a (b) An owner is not in operational program flight. control of a flight in the following cir- (b) During the term of the multi-year cumstances: program agreements under which a (1) A program aircraft is used for a fractional owner has obtained a min- flight for administrative purposes such imum fractional ownership interest in as demonstration, positioning, a program aircraft, the flight hours ferrying, maintenance, or crew train- used during that term by the owner on ing, and no passengers or property des- program aircraft must not exceed the ignated by such owner are being car- total hours associated with the frac- ried; or tional owner’s share of ownership. (2) The aircraft being used for the (c) No person may sell or lease an air- flight is being operated under part 121 craft interest in a fractional ownership or 135 of this chapter. program that is smaller than that pre- scribed in the definition of ‘‘minimum § 91.1011 Operational control respon- fractional ownership interest’’ in sibilities and delegation. § 91.1001(b)(10) unless flights associated (a) Each owner in operational control with that interest are operated under of a program flight is ultimately re- part 121 or 135 of this chapter and are sponsible for safe operations and for conducted by an air carrier or commer- complying with all applicable require- cial operator certificated under part ments of this chapter, including those 119 of this chapter. related to airworthiness and operations in connection with the flight. Each § 91.1007 Flights conducted under part owner may delegate some or all of the 121 or part 135 of this chapter. performance of the tasks associated (a) Except as provided in § 91.501(b), with carrying out this responsibility to when a nonprogram aircraft is used to the program manager, and may rely on

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the program manager for aviation ex- to the acknowledgments for all pro- pertise and program management serv- gram aircraft. ices. When the owner delegates per- formance of tasks to the program man- PROGRAM MANAGEMENT ager or relies on the program man- ager’s expertise, the owner and the pro- § 91.1014 Issuing or denying manage- gram manager are jointly and individ- ment specifications. ually responsible for compliance. (a) A person applying to the Adminis- (b) The management specifications, trator for management specifications authorizations, and approvals required under this subpart must submit an ap- by this subpart are issued to, and in plication— the sole name of, the program manager (1) In a form and manner prescribed on behalf of the fractional owners col- by the Administrator; and lectively. The management specifica- (2) Containing any information the tions, authorizations, and approvals Administrator requires the applicant will not be affected by any change in to submit. ownership of a program aircraft, as (b) Management specifications will long as the aircraft remains a program be issued to the program manager on aircraft in the identified program. behalf of the fractional owners if, after § 91.1013 Operational control briefing investigation, the Administrator finds and acknowledgment. that the applicant: (a) Upon the signing of an initial pro- (1) Meets the applicable requirements gram management services contract, of this subpart; and or a renewal or extension of a program (2) Is properly and adequately management services contract, the equipped in accordance with the re- program manager must brief the frac- quirements of this chapter and is able tional owner on the owner’s oper- to conduct safe operations under appro- ational control responsibilities, and priate provisions of part 91 of this the owner must review and sign an ac- chapter and management specifica- knowledgment of these operational tions issued under this subpart. control responsibilities. The acknowl- (c) An application for management edgment must be included with the specifications will be denied if the Ad- program management services con- ministrator finds that the applicant is tract. The acknowledgment must de- not properly or adequately equipped or fine when a fractional owner is in oper- is not able to conduct safe operations ational control and the owner’s respon- under this part. sibilities and liabilities under the pro- gram. These include: § 91.1015 Management specifications. (1) Responsibility for compliance (a) Each person conducting oper- with the management specifications ations under this subpart or furnishing and all applicable regulations. fractional ownership program manage- (2) Enforcement actions for any non- ment services to fractional owners compliance. must do so in accordance with manage- (3) Liability risk in the event of a ment specifications issued by the Ad- flight-related occurrence that causes ministrator to the fractional ownership personal injury or property damage. program manager under this subpart. (b) The fractional owner’s signature on the acknowledgment will serve as Management specifications must in- the owner’s affirmation that the owner clude: has read, understands, and accepts the (1) The current list of all fractional operational control responsibilities de- owners and types of aircraft, registra- scribed in the acknowledgment. tion markings and serial numbers; (c) Each program manager must en- (2) The authorizations, limitations, sure that the fractional owner or own- and certain procedures under which er’s representatives have access to the these operations are to be conducted, acknowledgments for such owner’s pro- (3) Certain other procedures under gram aircraft. Each program manager which each class and size of aircraft is must ensure that the FAA has access to be operated;

793

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(4) Authorization for an inspection (e) Each program manager must program approved under § 91.1109, in- maintain a complete and separate set cluding the type of aircraft, the reg- of its management specifications at its istration markings and serial numbers principal base of operations, or at a of each aircraft to be operated under place approved by the Administrator, the program. No person may conduct and must make its management speci- any program flight using any aircraft fications available for inspection by not listed. the Administrator and the fractional (5) Time limitations, or standards for owner(s) to whom the program man- determining time limitations, for over- ager furnishes its services for review hauls, inspections, and checks for air- and audit. frames, engines, propellers, rotors, ap- (f) Each program manager must in- pliances, and emergency equipment of sert pertinent excerpts of its manage- aircraft. ment specifications, or references (6) The specific location of the pro- thereto, in its program manual and gram manager’s principal base of oper- must— ations and, if different, the address (1) Clearly identify each such excerpt that will serve as the primary point of as a part of its management specifica- contact for correspondence between the tions; and FAA and the program manager and the (2) State that compliance with each name and mailing address of the pro- management specifications require- gram manager’s agent for service; ment is mandatory. (7) Other business names the program (g) Each program manager must keep manager may use; each of its employees and other persons (8) Authorization for the method of who perform duties material to its op- controlling weight and balance of air- erations informed of the provisions of craft; its management specifications that (9) Any authorized deviation and ex- apply to that employee’s or person’s emption granted from any requirement duties and responsibilities. of this chapter; and (10) Any other information the Ad- § 91.1017 Amending program man- ministrator determines is necessary. ager’s management specifications. (b) The program manager may keep (a) The Administrator may amend the current list of all fractional owners any management specifications issued required by paragraph (a)(1) of this sec- under this subpart if— tion at its principal base of operation (1) The Administrator determines or other location approved by the Ad- that safety and the public interest re- ministrator and referenced in its man- quire the amendment of any manage- agement specifications. Each program ment specifications; or manager shall make this list of owners (2) The program manager applies for available for inspection by the Admin- the amendment of any management istrator. specifications, and the Administrator (c) Management specifications issued determines that safety and the public under this subpart are effective un- interest allows the amendment. less— (b) Except as provided in paragraph (1) The management specifications (e) of this section, when the Adminis- are amended as provided in § 91.1017; or trator initiates an amendment of a pro- (2) The Administrator suspends or re- gram manager’s management specifica- vokes the management specifications. tions, the following procedure applies: (d) At least 30 days before it proposes (1) The Flight Standards District Of- to establish or change the location of fice that issued the program manager’s its principal base of operations, its management specifications will notify main operations base, or its main the program manager in writing of the maintenance base, a program manager proposed amendment. must provide written notification to (2) The Flight Standards District Of- the Flight Standards District Office fice that issued the program manager’s that issued the program manager’s management specifications will set a management specifications. reasonable period (but not less than 7

794

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

795

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

796

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

797

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

798

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(i) The full name of the flight attend- must keep copies of completed load ant, and manifest for at least 30 days at its prin- (ii) The date and result of training cipal operations base, or at another lo- required by § 91.1063, as applicable. cation used by it and approved by the (5) A current list of all fractional Administrator. owners and associated aircraft. This (e) Each program manager is respon- list or a reference to its location must sible for providing a written document be included in the management speci- that states the name of the entity hav- fications and should be of sufficient de- ing operational control on that flight tail to determine the minimum frac- and the part of this chapter under tional ownership interest of each air- which the flight is operated. The pilot craft. in command of the aircraft must carry (b) Each program manager must keep a copy of the document in the aircraft each record required by paragraph to its destination. The program man- (a)(2) of this section for at least 6 ager must keep a copy of the document months, and must keep each record re- for at least 30 days at its principal op- quired by paragraphs (a)(3) and (a)(4) of erations base, or at another location this section for at least 12 months. When an employee is no longer em- used by it and approved by the Admin- ployed or affiliated with the program istrator. manager or fractional owner, each (f) Records may be kept either in record required by paragraphs (a)(3) paper or other form acceptable to the and (a)(4) of this section must be re- Administrator. tained for at least 12 months. (g) Program managers that are also (c) Each program manager is respon- certificated to operate under part 121 sible for the preparation and accuracy or 135 of this chapter may satisfy the of a load manifest in duplicate con- recordkeeping requirements of this sec- taining information concerning the tion and of § 91.1113 with records main- loading of the aircraft. The manifest tained to fulfill equivalent obligations must be prepared before each takeoff under part 121 or 135 of this chapter. and must include— (1) The number of passengers; § 91.1029 Flight scheduling and locat- (2) The total weight of the loaded air- ing requirements. craft; (a) Each program manager must es- (3) The maximum allowable takeoff tablish and use an adequate system to weight for that flight; schedule and release program aircraft. (4) The center of gravity limits; (b) Except as provided in paragraph (5) The center of gravity of the load- (d) of this section, each program man- ed aircraft, except that the actual cen- ager must have adequate procedures es- ter of gravity need not be computed if tablished for locating each flight, for the aircraft is loaded according to a which a flight plan is not filed, that— loading schedule or other approved (1) Provide the program manager method that ensures that the center of with at least the information required gravity of the loaded aircraft is within to be included in a VFR flight plan; approved limits. In those cases, an entry must be made on the manifest in- (2) Provide for timely notification of dicating that the center of gravity is an FAA facility or search and rescue within limits according to a loading facility, if an aircraft is overdue or schedule or other approved method; missing; and (6) The registration number of the (3) Provide the program manager aircraft or flight number; with the location, date, and estimated (7) The origin and destination; and time for reestablishing radio or tele- (8) Identification of crewmembers phone communications, if the flight and their crew position assignments. will operate in an area where commu- (d) The pilot in command of the air- nications cannot be maintained. craft for which a load manifest must be (c) Flight locating information must prepared must carry a copy of the com- be retained at the program manager’s pleted load manifest in the aircraft to principal base of operations, or at its destination. The program manager other places designated by the program

799

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manager in the flight locating proce- (1) Emergency operation of fuel, hy- dures, until the completion of the draulic, electrical, and mechanical sys- flight. tems. (d) The flight locating requirements (2) Emergency operation of instru- of paragraph (b) of this section do not ments and controls. apply to a flight for which an FAA (3) Engine inoperative procedures. flight plan has been filed and the flight (4) Any other emergency procedures plan is canceled within 25 nautical necessary for safety. miles of the destination airport. § 91.1035 Passenger awareness. § 91.1031 Pilot in command or second in command: Designation required. (a) Prior to each takeoff, the pilot in command of an aircraft carrying pas- (a) Each program manager must des- sengers on a program flight must en- ignate a— sure that all passengers have been oral- (1) Pilot in command for each pro- ly briefed on— gram flight; and (1) Smoking: Each passenger must be (2) Second in command for each pro- briefed on when, where, and under what gram flight requiring two pilots. conditions smoking is prohibited. This (b) The pilot in command, as des- briefing must include a statement, as ignated by the program manager, must appropriate, that the regulations re- remain the pilot in command at all quire passenger compliance with light- times during that flight. ed passenger information signs and no § 91.1033 Operating information re- smoking placards, prohibit smoking in quired. lavatories, and require compliance with crewmember instructions with re- (a) Each program manager must, for gard to these items; all program operations, provide the fol- lowing materials, in current and appro- (2) Use of safety belts, shoulder har- priate form, accessible to the pilot at nesses, and child restraint systems: Each the pilot station, and the pilot must passenger must be briefed on when, use them— where and under what conditions it is (1) A cockpit checklist; necessary to have his or her safety belt (2) For multiengine aircraft or for and, if installed, his or her shoulder aircraft with retractable landing gear, harness fastened about him or her, and an emergency cockpit checklist con- if a child is being transported, the ap- taining the procedures required by propriate use of child restraint sys- paragraph (c) of this section, as appro- tems, if available. This briefing must priate; include a statement, as appropriate, (3) At least one set of pertinent aero- that the regulations require passenger nautical charts; and compliance with the lighted passenger (4) For IFR operations, at least one information sign and/or crewmember set of pertinent navigational en route, instructions with regard to these terminal area, and instrument ap- items; proach procedure charts. (3) The placement of seat backs in an (b) Each cockpit checklist required upright position before takeoff and by paragraph (a)(1) of this section must landing; contain the following procedures: (4) Location and means for opening (1) Before starting engines; the passenger entry door and emer- (2) Before takeoff; gency exits; (3) Cruise; (5) Location of survival equipment; (4) Before landing; (6) Ditching procedures and the use of (5) After landing; and flotation equipment required under (6) Stopping engines. § 91.509 for a flight over water; (c) Each emergency cockpit checklist (7) The normal and emergency use of required by paragraph (a)(2) of this sec- oxygen installed in the aircraft; and tion must contain the following proce- (8) Location and operation of fire ex- dures, as appropriate: tinguishers.

800

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

801

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

802

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

803

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

804

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(5) Training. (4) The applicant’s individual record (6) Single pilot operations, if author- that includes certifications, ratings, ized by deviation under paragraph (d) aeronautical experience, effective date of this section. and class of the medical certificate. (c) Each program manager must pub- lish pilot and flight attendant duty § 91.1053 Crewmember experience. schedules sufficiently in advance to (a) No program manager or owner follow the flight, duty, and rest time may use any person, nor may any per- limits in §§ 91.1057 through 91.1061 in son serve, as a pilot in command or program operations. second in command of a program air- (d) Unless otherwise authorized by craft, or as a flight attendant on a pro- the Administrator, when any program gram aircraft, in program operations aircraft is flown in program operations under this subpart unless that person with passengers onboard, the crew has met the applicable requirements of must consist of at least two qualified part 61 of this chapter and has the fol- pilots employed or contracted by the lowing experience and ratings: program manager or the fractional (1) Total flight time for all pilots: owner. (i) Pilot in command—A minimum of (e) The program manager must en- 1,500 hours. sure that trained and qualified sched- (ii) Second in command—A minimum uling or flight release personnel are on of 500 hours. duty to schedule and release program (2) For multi-engine turbine-powered aircraft during all hours that such air- fixed-wing and powered-lift aircraft, craft are available for program oper- the following FAA certification and ations. ratings requirements: (i) Pilot in command—Airline trans- § 91.1051 Pilot safety background port pilot and applicable type ratings. check. (ii) Second in command—Commercial Within 90 days of an individual begin- pilot and instrument ratings. (iii) Flight attendant (if required or ning service as a pilot, the program used)—Appropriately trained per- manager must request the following in- sonnel. formation: (3) For all other aircraft, the fol- (a) FAA records pertaining to— lowing FAA certification and rating re- (1) Current pilot certificates and as- quirements: sociated type ratings. (i) Pilot in command—Commercial (2) Current medical certificates. pilot and instrument ratings. (3) Summaries of legal enforcement (ii) Second in command—Commercial actions resulting in a finding by the pilot and instrument ratings. Administrator of a violation. (iii) Flight attendant (if required or (b) Records from all previous employ- used)—Appropriately trained per- ers during the five years preceding the sonnel. date of the employment application (b) The Administrator may authorize where the applicant worked as a pilot. deviations from paragraph (a)(1) of this If any of these firms are in bankruptcy, section if the Flight Standards District the records must be requested from the Office that issued the program man- trustees in bankruptcy for those em- ager’s management specifications finds ployees. If the previous employer is no that the crewmember has comparable longer in business, a documented good experience, and can effectively perform faith effort must be made to obtain the the functions associated with the posi- records. Records from previous employ- tion in accordance with the require- ers must include, as applicable— ments of this chapter. Grants of devi- (1) Crew member records. ation under this paragraph may be (2) Drug testing—collection, testing, granted after consideration of the size and rehabilitation records pertaining and scope of the operation, the quali- to the individual. fications of the intended personnel and (3) Alcohol misuse prevention pro- the circumstances set forth in gram records pertaining to the indi- § 91.1055(b)(1) through (3). The Adminis- vidual. trator may, at any time, terminate any

805

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grant of deviation authority issued meet the minimum requirements of under this paragraph. this paragraph. (2) An existing program manager § 91.1055 Pilot operating limitations adds to its fleet a new category and and pairing requirement. class aircraft not used before in its op- (a) If the second in command of a eration. fixed-wing program aircraft has fewer (3) An existing program manager es- than 100 hours of flight time as second tablishes a new base to which it assigns in command flying in the aircraft pilots who will be required to become make and model and, if a type rating is qualified on the aircraft operated from required, in the type aircraft being that base. flown, and the pilot in command is not (c) No person may be assigned in the an appropriately qualified check pilot, capacity of pilot in command in a pro- the pilot in command shall make all gram operation to more than two air- takeoffs and landings in any of the fol- craft types that require a separate type lowing situations: rating. (1) Landings at the destination air- port when a Destination Airport Anal- § 91.1057 Flight, duty and rest time re- ysis is required by § 91.1037(c); and quirements: All crewmembers. (2) In any of the following conditions: (a) For purposes of this subpart— (i) The prevailing visibility for the Augmented flight crew means at least airport is at or below 3/4 mile. three pilots. (ii) The runway visual range for the Calendar day means the period of runway to be used is at or below 4,000 elapsed time, using Coordinated Uni- feet. versal Time or local time that begins (iii) The runway to be used has at midnight and ends 24 hours later at water, snow, slush, ice or similar con- the next midnight. tamination that may adversely affect Duty period means the period of aircraft performance. elapsed time between reporting for an (iv) The braking action on the run- assignment involving flight time and way to be used is reported to be less release from that assignment by the than ‘‘good.’’ program manager. All time between (v) The crosswind component for the these two points is part of the duty pe- runway to be used is in excess of 15 riod, even if flight time is interrupted knots. by nonflight-related duties. The time is (vi) Windshear is reported in the vi- calculated using either Coordinated cinity of the airport. Universal Time or local time to reflect (vii) Any other condition in which the total elapsed time. the pilot in command determines it to Extension of flight time means an in- be prudent to exercise the pilot in com- crease in the flight time because of cir- mand’s authority. cumstances beyond the control of the (b) No program manager may release program manager or flight crew- a program flight under this subpart un- member (such as adverse weather) that less, for that aircraft make or model are not known at the time of departure and, if a type rating is required, for and that prevent the flightcrew from that type aircraft, either the pilot in reaching the destination within the command or the second in command planned flight time. has at least 75 hours of flight time, ei- Flight attendant means an individual, ther as pilot in command or second in other than a flight crewmember, who is command. The Administrator may, assigned by the program manager, in upon application by the program man- accordance with the required minimum ager, authorize deviations from the re- crew complement under the program quirements of this paragraph by an ap- manager’s management specifications propriate amendment to the manage- or in addition to that minimum com- ment specifications in any of the fol- plement, to duty in an aircraft during lowing circumstances: flight time and whose duties include (1) A newly authorized program man- but are not necessarily limited to ager does not employ any pilots who cabin-safety-related responsibilities.

806

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Multi-time zone flight means an eas- from an airport at which he or she was terly or westerly flight or multiple relieved from duty to return to his or flights in one direction in the same her home station, is not considered duty period that results in a time zone part of a rest period. difference of 5 or more hours and is (e) A flight crewmember may con- conducted in a geographic area that is tinue a flight assignment if the flight south of 60 degrees north latitude and to which he or she is assigned would north of 60 degrees south latitude. normally terminate within the flight Reserve status means that status in time limitations, but because of cir- which a flight crewmember, by ar- cumstances beyond the control of the rangement with the program manager: program manager or flight crew- Holds himself or herself fit to fly to the member (such as adverse weather con- extent that this is within the control ditions), is not at the time of departure of the flight crewmember; remains expected to reach its destination with- within a reasonable response time of in the planned flight time. The exten- the aircraft as agreed between the sion of flight time under this para- flight crewmember and the program graph may not exceed the maximum manager; and maintains a ready means time limits set forth in § 91.1059. whereby the flight crewmember may be (f) Each flight assignment must pro- contacted by the program manager. vide for at least 10 consecutive hours of Reserve status is not part of any duty rest during the 24-hour period that pre- period or rest period. cedes the completion time of the as- Rest period means a period of time re- signment. quired pursuant to this subpart that is (g) The program manager must pro- free of all responsibility for work or vide each crewmember at least 13 rest duty prior to the commencement of, or periods of at least 24 consecutive hours following completion of, a duty period, each in each calendar quarter. and during which the flight crew- member or flight attendant cannot be (h) A flight crewmember may decline required to receive contact from the a flight assignment if, in the flight program manager. A rest period does crewmember’s determination, to do so not include any time during which the would not be consistent with the stand- program manager imposes on a flight ard of safe operation required under crewmember or flight attendant any this subpart, this part, and applicable duty or restraint, including any actual provisions of this title. work or present responsibility for work (i) Any rest period required by this should the occasion arise. subpart may occur concurrently with Standby means that portion of a duty any other rest period. period during which a flight crew- (j) If authorized by the Adminis- member is subject to the control of the trator, a program manager may use the program manager and holds himself or applicable unscheduled flight time lim- herself in a condition of readiness to itations, duty period limitations, and undertake a flight. Standby is not part rest requirements of part 121 or part 135 of any rest period. of this chapter instead of the flight (b) A program manager may assign a time limitations, duty period limita- crewmember and a crewmember may tions, and rest requirements of this accept an assignment for flight time subpart. only when the applicable requirements of this section and §§ 91.1059–91.1062 are § 91.1059 Flight time limitations and met. rest requirements: One or two pilot crews. (c) No program manager may assign any crewmember to any duty during (a) No program manager may assign any required rest period. any flight crewmember, and no flight (d) Time spent in transportation, not crewmember may accept an assign- local in character, that a program ment, for flight time as a member of a manager requires of a crewmember and one- or two-pilot crew if that crew- provides to transport the crewmember member’s total flight time in all com- to an airport at which he or she is to mercial flying will exceed— serve on a flight as a crewmember, or (1) 500 hours in any calendar quarter;

807

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(2) 800 hours in any two consecutive (2) 10 hours for a flight crew con- calendar quarters; sisting of two pilots qualified under (3) 1,400 hours in any calendar year. this subpart for the operation being (b) Except as provided in paragraph conducted. (c) of this section, during any 24 con- (c) No program manager may assign secutive hours the total flight time of any flight crewmember, and no flight the assigned flight, when added to any crewmember may accept an assign- commercial flying by that flight crew- ment, if that crewmember’s flight time member, may not exceed— or duty period will exceed, or rest time (1) 8 hours for a flight crew con- will be less than— sisting of one pilot; or

Normal duty Extension of flight time

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

§ 91.1061 Augmented flight crews. member requirements of this subpart and § 61.57 of this chapter. (a) No program manager may assign (ii) A PIC qualified pilot who meets any flight crewmember, and no flight the applicable flight crewmember re- crewmember may accept an assign- quirements of this subpart and § 61.57(c) ment, for flight time as a member of an and (d) of this chapter. augmented crew if that crewmember’s (iii) A second in command (SIC) who total flight time in all commercial fly- meets the SIC qualifications of this ing will exceed— subpart. For flight under IFR, that per- (1) 500 hours in any calendar quarter; son must also meet the recent instru- (2) 800 hours in any two consecutive ment experience requirements of part calendar quarters; 61 of this chapter. (3) 1,400 hours in any calendar year. (4) For a four-pilot crew, at least (b) No program manager may assign three pilots who meet the conditions of any pilot to an augmented crew, unless paragraph (b)(3) of this section, plus a the program manager ensures: fourth pilot who meets the SIC quali- (1) Adequate sleeping facilities are fications of this subpart. For flight installed on the aircraft for the pilots. under IFR, that person must also meet the recent instrument experience re- (2) No more than 8 hours of flight quirements of part 61 of this chapter. deck duty is accrued in any 24 consecu- (c) No program manager may assign tive hours. any flight crewmember, and no flight (3) For a three-pilot crew, the crew crewmember may accept an assign- must consist of at least the following: ment, if that crewmember’s flight time (i) A pilot in command (PIC) who or duty period will exceed, or rest time meets the applicable flight crew- will be less than—

3-Pilot crew 4-Pilot crew

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

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§ 91.1062 Duty periods and rest re- duty period under the program man- quirements: Flight attendants. ager’s management specifications. (a) Except as provided in paragraph (6) A program manager may assign a (b) of this section, a program manager flight attendant to a scheduled duty may assign a duty period to a flight at- period of more than 18 hours, but no tendant only when the assignment more than 20 hours, if the scheduled meets the applicable duty period limi- duty period includes one or more tations and rest requirements of this flights that land or take off outside the paragraph. 48 contiguous states and the District of (1) Except as provided in paragraphs Columbia, and if the program manager (a)(4), (a)(5), and (a)(6) of this section, has assigned to the flight or flights in no program manager may assign a that duty period at least three flight flight attendant to a scheduled duty attendants in addition to the minimum period of more than 14 hours. flight attendant complement required for the flight or flights in that duty pe- (2) Except as provided in paragraph riod under the program manager’s (a)(3) of this section, a flight attendant management specifications. scheduled to a duty period of 14 hours or less as provided under paragraph (7) Except as provided in paragraph (a)(1) of this section must be given a (a)(8) of this section, a flight attendant scheduled rest period of at least 9 con- scheduled to a duty period of more secutive hours. This rest period must than 14 hours but no more than 20 occur between the completion of the hours, as provided in paragraphs (a)(4), scheduled duty period and the com- (a)(5), and (a)(6) of this section, must be mencement of the subsequent duty pe- given a scheduled rest period of at least riod. 12 consecutive hours. This rest period (3) The rest period required under must occur between the completion of paragraph (a)(2) of this section may be the scheduled duty period and the com- scheduled or reduced to 8 consecutive mencement of the subsequent duty pe- hours if the flight attendant is pro- riod. vided a subsequent rest period of at (8) The rest period required under least 10 consecutive hours; this subse- paragraph (a)(7) of this section may be quent rest period must be scheduled to scheduled or reduced to 10 consecutive begin no later than 24 hours after the hours if the flight attendant is pro- beginning of the reduced rest period vided a subsequent rest period of at and must occur between the comple- least 14 consecutive hours; this subse- tion of the scheduled duty period and quent rest period must be scheduled to the commencement of the subsequent begin no later than 24 hours after the duty period. beginning of the reduced rest period (4) A program manager may assign a and must occur between the comple- flight attendant to a scheduled duty tion of the scheduled duty period and period of more than 14 hours, but no the commencement of the subsequent more than 16 hours, if the program duty period. manager has assigned to the flight or (9) Notwithstanding paragraphs flights in that duty period at least one (a)(4), (a)(5), and (a)(6) of this section, if flight attendant in addition to the min- a program manager elects to reduce imum flight attendant complement re- the rest period to 10 hours as author- quired for the flight or flights in that ized by paragraph (a)(8) of this section, duty period under the program man- the program manager may not sched- ager’s management specifications. ule a flight attendant for a duty period (5) A program manager may assign a of more than 14 hours during the 24- flight attendant to a scheduled duty hour period commencing after the be- period of more than 16 hours, but no ginning of the reduced rest period. more than 18 hours, if the program (b) Notwithstanding paragraph (a) of manager has assigned to the flight or this section, a program manager may flights in that duty period at least two apply the flight crewmember flight flight attendants in addition to the time and duty limitations and rest re- minimum flight attendant complement quirements of this part to flight at- required for the flight or flights in that tendants for all operations conducted

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under this part provided that the pro- (c) If authorized by the Adminis- gram manager establishes written pro- trator, a program manager may com- cedures that— ply with the applicable training and (1) Apply to all flight attendants used testing sections of subparts G and H of in the program manager’s operation; part 135 of this chapter instead of (2) Include the flight crewmember §§ 91.1065 through 91.1107, except for the rest and duty requirements of §§ 91.1057, operating experience requirements of 91.1059, and 91.1061, as appropriate to § 135.244 of this chapter. the operation being conducted, except (d) For the purposes of this subpart, that rest facilities on board the air- the following terms and definitions craft are not required; apply: (3) Include provisions to add one (1) Initial training. The training re- flight attendant to the minimum flight quired for crewmembers who have not attendant complement for each flight qualified and served in the same capac- crewmember who is in excess of the ity on an aircraft. minimum number required in the air- (2) Transition training. The training craft type certificate data sheet and required for crewmembers who have who is assigned to the aircraft under qualified and served in the same capac- the provisions of § 91.1061; and ity on another aircraft. (4) Are approved by the Adminis- (3) Upgrade training. The training re- trator and described or referenced in quired for crewmembers who have the program manager’s management qualified and served as second in com- specifications. mand on a particular aircraft type, be- fore they serve as pilot in command on § 91.1063 Testing and training: Appli- that aircraft. cability and terms used. (4) Differences training. The training (a) Sections 91.1065 through 91.1107: required for crewmembers who have (1) Prescribe the tests and checks re- qualified and served on a particular quired for pilots and flight attendant type aircraft, when the Administrator crewmembers and for the approval of finds differences training is necessary check pilots in operations under this before a crewmember serves in the subpart; same capacity on a particular vari- (2) Prescribe the requirements for es- ation of that aircraft. tablishing and maintaining an ap- (5) Recurrent training. The training proved training program for crew- required for crewmembers to remain members, check pilots and instructors, adequately trained and currently pro- and other operations personnel em- ficient for each aircraft crewmember ployed or used by the program manager position, and type of operation in in program operations; which the crewmember serves. (3) Prescribe the requirements for the (6) In flight. The maneuvers, proce- qualification, approval and use of air- dures, or functions that will be con- craft simulators and flight training de- ducted in the aircraft. vices in the conduct of an approved (7) Training center. An organization training program; and governed by the applicable require- (4) Permits training center personnel ments of part 142 of this chapter that authorized under part 142 of this chap- conducts training, testing, and check- ter who meet the requirements of ing under contract or other arrange- § 91.1075 to conduct training, testing ment to program managers subject to and checking under contract or other the requirements of this subpart. arrangements to those persons subject (8) Requalification training. The train- to the requirements of this subpart. ing required for crewmembers pre- (b) If authorized by the Adminis- viously trained and qualified, but who trator, a program manager may com- have become unqualified because of not ply with the applicable training and having met within the required period testing sections of subparts N and O of any of the following: part 121 of this chapter instead of (i) Recurrent crewmember training §§ 91.1065 through 91.1107, except for the requirements of § 91.1107. operating experience requirements of (ii) Instrument proficiency check re- § 121.434 of this chapter. quirements of § 91.1069.

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(iii) Testing requirements of § 91.1065. air turbulence), icing, hail, and other (iv) Recurrent flight attendant test- potentially hazardous meteorological ing requirements of § 91.1067. conditions; and (8) New equipment, procedures, or § 91.1065 Initial and recurrent pilot techniques, as appropriate. testing requirements. (b) No program manager or owner (a) No program manager or owner may use a pilot, nor may any person may use a pilot, nor may any person serve as a pilot, in any aircraft unless, serve as a pilot, unless, since the begin- since the beginning of the 12th month ning of the 12th month before that before that service, that pilot has service, that pilot has passed either a passed a competency check given by written or oral test (or a combination), the Administrator or an authorized given by the Administrator or an au- check pilot in that class of aircraft, if thorized check pilot, on that pilot’s single-engine aircraft other than tur- knowledge in the following areas— (1) The appropriate provisions of bojet, or that type of aircraft, if rotor- parts 61 and 91 of this chapter and the craft, multiengine aircraft, or turbojet management specifications and the op- airplane, to determine the pilot’s com- erating manual of the program man- petence in practical skills and tech- ager; niques in that aircraft or class of air- (2) For each type of aircraft to be craft. The extent of the competency flown by the pilot, the aircraft power- check will be determined by the Ad- plant, major components and systems, ministrator or authorized check pilot major appliances, performance and op- conducting the competency check. The erating limitations, standard and competency check may include any of emergency operating procedures, and the maneuvers and procedures cur- the contents of the accepted operating rently required for the original manual or equivalent, as applicable; issuance of the particular pilot certifi- (3) For each type of aircraft to be cate required for the operations au- flown by the pilot, the method of deter- thorized and appropriate to the cat- mining compliance with weight and egory, class and type of aircraft in- balance limitations for takeoff, landing volved. For the purposes of this para- and en route operations; graph, type, as to an airplane, means (4) Navigation and use of air naviga- any one of a group of airplanes deter- tion aids appropriate to the operation mined by the Administrator to have a or pilot authorization, including, when similar means of propulsion, the same applicable, instrument approach facili- manufacturer, and no significantly dif- ties and procedures; ferent handling or flight characteris- (5) Air traffic control procedures, in- tics. For the purposes of this para- cluding IFR procedures when applica- graph, type, as to a rotorcraft, means a ble; basic make and model. (6) Meteorology in general, including (c) The instrument proficiency check the principles of frontal systems, icing, required by § 91.1069 may be substituted fog, thunderstorms, and windshear, and, if appropriate for the operation of for the competency check required by the program manager, high altitude this section for the type of aircraft weather; used in the check. (7) Procedures for— (d) For the purpose of this subpart, (i) Recognizing and avoiding severe competent performance of a procedure weather situations; or maneuver by a person to be used as (ii) Escaping from severe weather sit- a pilot requires that the pilot be the uations, in case of inadvertent encoun- obvious master of the aircraft, with the ters, including low-altitude windshear successful outcome of the maneuver (except that rotorcraft aircraft pilots never in doubt. are not required to be tested on escap- (e) The Administrator or authorized ing from low-altitude windshear); and check pilot certifies the competency of (iii) Operating in or near thunder- each pilot who passes the knowledge or storms (including best penetration al- flight check in the program manager’s titudes), turbulent air (including clear pilot records.

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

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

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(b) Whenever a crewmember who is check requirements of this subpart, in- required to take recurrent training cluding the initial, transition, upgrade, under this subpart completes the train- requalification, differences, or recur- ing in the month before, or the month rent training, or the accomplishment after, the month in which that training of a competency check or instrument is required, the crewmember is consid- proficiency check. If there is no ap- ered to have completed it in the month proved simulator for that aircraft type in which it was required. in operation, then all flight training (c) Each instructor, supervisor, or and checking must be accomplished in check pilot who is responsible for a the aircraft. particular ground training subject, seg- ment of flight training, course of train- § 91.1075 Training program: Special ing, flight check, or competence check rules. under this subpart must certify as to Other than the program manager, the proficiency and knowledge of the only the following are eligible under crewmember, flight instructor, or this subpart to conduct training, test- check pilot concerned upon completion ing, and checking under contract or of that training or check. That certifi- other arrangement to those persons cation must be made a part of the subject to the requirements of this sub- crewmember’s record. When the certifi- part. cation required by this paragraph is (a) Another program manager oper- made by an entry in a computerized ating under this subpart: recordkeeping system, the certifying (b) A training center certificated instructor, supervisor, or check pilot, under part 142 of this chapter to con- must be identified with that entry. duct training, testing, and checking re- However, the signature of the certi- quired by this subpart if the training fying instructor, supervisor, or check center— pilot is not required for computerized (1) Holds applicable training speci- entries. fications issued under part 142 of this (d) Training subjects that apply to chapter; more than one aircraft or crewmember (2) Has facilities, training equipment, position and that have been satisfac- and courseware meeting the applicable torily completed during previous train- requirements of part 142 of this chap- ing while employed by the program ter; manager for another aircraft or an- other crewmember position, need not (3) Has approved curriculums, cur- be repeated during subsequent training riculum segments, and portions of cur- other than recurrent training. riculum segments applicable for use in (e) Aircraft simulators and other training courses required by this sub- training devices may be used in the part; and program manager’s training program if (4) Has sufficient instructors and approved by the Administrator. check pilots qualified under the appli- (f) Each program manager is respon- cable requirements of §§ 91.1089 through sible for establishing safe and efficient 91.1095 to conduct training, testing, and crew management practices for all checking to persons subject to the re- phases of flight in program operations quirements of this subpart. including crew resource management (c) A part 119 certificate holder oper- training for all crewmembers used in ating under part 121 or part 135 of this program operations. chapter. (g) If an aircraft simulator has been (d) As authorized by the Adminis- approved by the Administrator for use trator, a training center that is not in the program manager’s training pro- certificated under part 142 of this chap- gram, the program manager must en- ter. sure that each pilot annually com- pletes at least one flight training ses- § 91.1077 Training program and revi- sion in an approved simulator for at sion: Initial and final approval. least one program aircraft. The train- (a) To obtain initial and final ap- ing session may be the flight training proval of a training program, or a revi- portion of any of the pilot training or sion to an approved training program,

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

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

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(2) It must maintain the perform- (3) Has satisfactorily completed the ance, functional, and other characteris- proficiency or competency checks that tics that are required for approval. are required to serve as a pilot in com- (3) Additionally, for aircraft simula- mand in operations under this subpart; tors, it must be— (4) Has satisfactorily completed the (i) Approved for the type aircraft applicable training requirements of and, if applicable, the particular vari- § 91.1093; ation within type for which the train- (5) Holds at least a Class III medical ing or check is being conducted; and certificate unless serving as a required (ii) Modified to conform with any crewmember, in which case holds a modification to the aircraft being sim- Class I or Class II medical certificate ulated that changes the performance, as appropriate; and functional, or other characteristics re- (6) Has been approved by the Admin- quired for approval. istrator for the check pilot duties in- (c) A particular aircraft simulator or volved. other training device may be used by (c) No program manager may use a more than one program manager. person, nor may any person serve as a check pilot (simulator) in a training (d) In granting initial and final ap- program established under this subpart proval of training programs or revi- unless, with respect to the aircraft sions to them, the Administrator con- type involved, that person meets the siders the training devices, methods, provisions of paragraph (b) of this sec- and procedures listed in the program tion, or— manager’s curriculum under § 91.1079. (1) Holds the applicable pilot certifi- § 91.1089 Qualifications: Check pilots cates and ratings, except medical cer- (aircraft) and check pilots (simu- tificate, required to serve as a pilot in lator). command in operations under this sub- part; (a) For the purposes of this section (2) Has satisfactorily completed the and § 91.1093: appropriate training phases for the air- (1) A check pilot (aircraft) is a person craft, including recurrent training, who is qualified to conduct flight that are required to serve as a pilot in checks in an aircraft, in a flight simu- command in operations under this sub- lator, or in a flight training device for part; a particular type aircraft. (3) Has satisfactorily completed the (2) A check pilot (simulator) is a per- appropriate proficiency or competency son who is qualified to conduct flight checks that are required to serve as a checks, but only in a flight simulator, pilot in command in operations under in a flight training device, or both, for this subpart; a particular type aircraft. (4) Has satisfactorily completed the (3) Check pilots (aircraft) and check applicable training requirements of pilots (simulator) are those check pi- § 91.1093; and lots who perform the functions de- (5) Has been approved by the Admin- scribed in § 91.1073(a)(4) and (c). istrator for the check pilot (simulator) (b) No program manager may use a duties involved. person, nor may any person serve as a (d) Completion of the requirements check pilot (aircraft) in a training pro- in paragraphs (b)(2), (3), and (4) or gram established under this subpart (c)(2), (3), and (4) of this section, as ap- unless, with respect to the aircraft plicable, must be entered in the indi- type involved, that person— vidual’s training record maintained by (1) Holds the pilot certificates and the program manager. ratings required to serve as a pilot in (e) A check pilot who does not hold command in operations under this sub- an appropriate medical certificate may part; function as a check pilot (simulator), (2) Has satisfactorily completed the but may not serve as a flightcrew training phases for the aircraft, includ- member in operations under this sub- ing recurrent training, that are re- part. quired to serve as a pilot in command (f) A check pilot (simulator) must ac- in operations under this subpart; complish the following—

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

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(g) The flight segments or line-obser- (d) The transition ground training for vation program required in paragraph a check pilot must include the ap- (f) of this section are considered com- proved methods, procedures, and limi- pleted in the month required if com- tations for performing the required pleted in the month before, or in the normal, abnormal, and emergency pro- month after, the month in which they cedures applicable to the aircraft to are due. which the check pilot is in transition. (e) The initial and transition flight § 91.1093 Initial and transition train- training for a check pilot (aircraft) ing and checking: Check pilots (air- must include the following— craft), check pilots (simulator). (1) The safety measures for emer- (a) No program manager may use a gency situations that are likely to de- person nor may any person serve as a velop during a check; check pilot unless— (2) The potential results of improper, (1) That person has satisfactorily untimely, or nonexecution of safety completed initial or transition check measures during a check; pilot training; and (3) Training and practice in con- (2) Within the preceding 24 months, ducting flight checks from the left and that person satisfactorily conducts a right pilot seats in the required nor- proficiency or competency check under mal, abnormal, and emergency proce- the observation of an FAA inspector or dures to ensure competence to conduct an aircrew designated examiner em- the pilot flight checks required by this ployed by the program manager. The subpart; and observation check may be accom- (4) The safety measures to be taken plished in part or in full in an aircraft, from either pilot seat for emergency in a flight simulator, or in a flight situations that are likely to develop training device. during checking. (b) The observation check required (f) The requirements of paragraph (e) by paragraph (a)(2) of this section is of this section may be accomplished in considered to have been completed in full or in part in flight, in a flight sim- the month required if completed in the ulator, or in a flight training device, as month before or the month after the appropriate. month in which it is due. (g) The initial and transition flight (c) The initial ground training for training for a check pilot (simulator) check pilots must include the fol- must include the following: lowing: (1) Training and practice in con- (1) Check pilot duties, functions, and ducting flight checks in the required responsibilities. normal, abnormal, and emergency pro- (2) The applicable provisions of the cedures to ensure competence to con- Code of Federal Regulations and the duct the flight checks required by this program manager’s policies and proce- subpart. This training and practice dures. must be accomplished in a flight simu- (3) The applicable methods, proce- lator or in a flight training device. dures, and techniques for conducting (2) Training in the operation of flight the required checks. simulators, flight training devices, or both, to ensure competence to conduct (4) Proper evaluation of student per- the flight checks required by this sub- formance including the detection of— part. (i) Improper and insufficient train- ing; and § 91.1095 Initial and transition train- (ii) Personal characteristics of an ap- ing and checking: Flight instructors plicant that could adversely affect (aircraft), flight instructors (simu- safety. lator). (5) The corrective action in the case (a) No program manager may use a of unsatisfactory checks. person nor may any person serve as a (6) The approved methods, proce- flight instructor unless— dures, and limitations for performing (1) That person has satisfactorily the required normal, abnormal, and completed initial or transition flight emergency procedures in the aircraft. instructor training; and

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(2) Within the preceding 24 months, (1) The safety measures for emer- that person satisfactorily conducts in- gency situations that are likely to de- struction under the observation of an velop during instruction; FAA inspector, a program manager (2) The potential results of improper check pilot, or an aircrew designated or untimely safety measures during in- examiner employed by the program struction; manager. The observation check may (3) Training and practice from the be accomplished in part or in full in an left and right pilot seats in the re- aircraft, in a flight simulator, or in a quired normal, abnormal, and emer- flight training device. gency maneuvers to ensure competence (b) The observation check required to conduct the flight instruction re- by paragraph (a)(2) of this section is quired by this subpart; and considered to have been completed in (4) The safety measures to be taken the month required if completed in the from either the left or right pilot seat month before, or the month after, the for emergency situations that are like- month in which it is due. ly to develop during instruction. (c) The initial ground training for (f) The requirements of paragraph (e) flight instructors must include the fol- of this section may be accomplished in lowing: full or in part in flight, in a flight sim- (1) Flight instructor duties, func- ulator, or in a flight training device, as tions, and responsibilities. appropriate. (2) The applicable Code of Federal (g) The initial and transition flight Regulations and the program man- training for a flight instructor (simu- ager’s policies and procedures. lator) must include the following: (3) The applicable methods, proce- (1) Training and practice in the re- dures, and techniques for conducting quired normal, abnormal, and emer- flight instruction. gency procedures to ensure competence (4) Proper evaluation of student per- to conduct the flight instruction re- formance including the detection of— quired by this subpart. These maneu- (i) Improper and insufficient train- vers and procedures must be accom- ing; and plished in full or in part in a flight sim- (ii) Personal characteristics of an ap- ulator or in a flight training device. plicant that could adversely affect (2) Training in the operation of flight safety. simulators, flight training devices, or (5) The corrective action in the case both, to ensure competence to conduct of unsatisfactory training progress. the flight instruction required by this (6) The approved methods, proce- subpart. dures, and limitations for performing the required normal, abnormal, and § 91.1097 Pilot and flight attendant emergency procedures in the aircraft. crewmember training programs. (7) Except for holders of a flight in- (a) Each program manager must es- structor certificate— tablish and maintain an approved pilot (i) The fundamental principles of the training program, and each program teaching-learning process; manager who uses a flight attendant (ii) Teaching methods and proce- crewmember must establish and main- dures; and tain an approved flight attendant (iii) The instructor-student relation- training program, that is appropriate ship. to the operations to which each pilot (d) The transition ground training for and flight attendant is to be assigned, flight instructors must include the ap- and will ensure that they are ade- proved methods, procedures, and limi- quately trained to meet the applicable tations for performing the required knowledge and practical testing re- normal, abnormal, and emergency pro- quirements of §§ 91.1065 through 91.1071. cedures applicable to the type, class, or (b) Each program manager required category aircraft to which the flight to have a training program by para- instructor is in transition. graph (a) of this section must include (e) The initial and transition flight in that program ground and flight training for flight instructors (aircraft) training curriculums for— must include the following— (1) Initial training;

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

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(E) Types and characteristics of deic- § 91.1105 Flight attendants: Initial and ing/anti-icing fluids, if used by the pro- transition ground training. gram manager; Initial and transition ground train- (F) Cold weather preflight inspection ing for flight attendants must include procedures; instruction in at least the following— (G) Techniques for recognizing con- (a) General subjects— tamination on the airplane; (1) The authority of the pilot in com- (7) Operating limitations; mand; and (8) Fuel consumption and cruise con- (2) Passenger handling, including pro- trol; cedures to be followed in handling de- ranged persons or other persons whose (9) Flight planning; conduct might jeopardize safety. (10) Each normal and emergency pro- (b) For each aircraft type— cedure; and (1) A general description of the air- (11) The approved Aircraft Flight craft emphasizing physical characteris- Manual or equivalent. tics that may have a bearing on ditch- ing, evacuation, and inflight emer- § 91.1103 Pilots: Initial, transition, up- gency procedures and on other related grade, requalification, and dif- duties; ferences flight training. (2) The use of both the public address (a) Initial, transition, upgrade, re- system and the means of commu- qualification, and differences training nicating with other flight crew- for pilots must include flight and prac- members, including emergency means tice in each of the maneuvers and pro- in the case of attempted hijacking or cedures contained in each of the cur- other unusual situations; and riculums that are a part of the ap- (3) Proper use of electrical galley proved training program. equipment and the controls for cabin (b) The maneuvers and procedures re- heat and ventilation. quired by paragraph (a) of this section § 91.1107 Recurrent training. must be performed in flight, except to (a) Each program manager must en- the extent that certain maneuvers and sure that each crewmember receives procedures may be performed in an air- recurrent training and is adequately craft simulator, or an appropriate trained and currently proficient for the training device, as allowed by this sub- type aircraft and crewmember position part. involved. (c) If the program manager’s ap- (b) Recurrent ground training for proved training program includes a crewmembers must include at least the course of training using an aircraft following: simulator or other training device, (1) A quiz or other review to deter- each pilot must successfully com- mine the crewmember’s knowledge of plete— the aircraft and crewmember position (1) Training and practice in the simu- involved. lator or training device in at least the (2) Instruction as necessary in the maneuvers and procedures in this sub- subjects required for initial ground part that are capable of being per- training by this subpart, as appro- formed in the aircraft simulator or priate, including low-altitude training device; and windshear training and training on op- erating during ground icing conditions, (2) A flight check in the aircraft or a as prescribed in § 91.1097 and described check in the simulator or training de- in § 91.1101, and emergency training. vice to the level of proficiency of a (c) Recurrent flight training for pi- pilot in command or second in com- lots must include, at least, flight train- mand, as applicable, in at least the ma- ing in the maneuvers or procedures in neuvers and procedures that are capa- this subpart, except that satisfactory ble of being performed in an aircraft completion of the check required by simulator or training device. § 91.1065 within the preceding 12 months may be substituted for recurrent flight training.

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§ 91.1109 Aircraft maintenance: Inspec- and currently in use under part 135 of tion program. this chapter by a person holding a cer- Each program manager must estab- tificate issued under part 119 of this lish an aircraft inspection program for chapter; or each make and model program aircraft (4) An airplane inspection program and ensure each aircraft is inspected in approved under § 125.247 of this chapter accordance with that inspection pro- and currently in use under part 125 of gram. this chapter. (a) The inspection program must be (5) An inspection program that is in writing and include at least the fol- part of the program manager’s contin- lowing information: uous airworthiness maintenance pro- (1) Instructions and procedures for gram under §§ 91.1411 through 91.1443. the conduct of inspections for the par- (c) The Administrator may require ticular make and model aircraft, in- revision of the inspection program ap- cluding necessary tests and checks. proved under this section in accordance The instructions and procedures must with the provisions of § 91.415. set forth in detail the parts and areas of the airframe, engines, propellers, ro- § 91.1111 Maintenance training. tors, and appliances, including survival The program manager must ensure and emergency equipment required to that all employees who are responsible be inspected. for maintenance related to program (2) A schedule for performing the in- aircraft undergo appropriate initial spections that must be accomplished and annual recurrent training and are under the inspection program ex- competent to perform those duties. pressed in terms of the time in service, calendar time, number of system oper- § 91.1113 Maintenance recordkeeping. ations, or any combination thereof. (3) The name and address of the per- Each fractional ownership program son responsible for scheduling the in- manager must keep (using the system spections required by the inspection specified in the manual required in program. A copy of the inspection pro- § 91.1025) the records specified in gram must be made available to the § 91.417(a) for the periods specified in person performing inspections on the § 91.417(b). aircraft and, upon request, to the Ad- § 91.1115 Inoperable instruments and ministrator. equipment. (b) Each person desiring to establish or change an approved inspection pro- (a) No person may take off an air- gram under this section must submit craft with inoperable instruments or the inspection program for approval to equipment installed unless the fol- the Flight Standards District Office lowing conditions are met: that issued the program manager’s (1) An approved Minimum Equipment management specifications. The in- List exists for that aircraft. spection program must be derived from (2) The program manager has been one of the following programs: issued management specifications au- (1) An inspection program currently thorizing operations in accordance recommended by the manufacturer of with an approved Minimum Equipment the aircraft, aircraft engines, propel- List. The flight crew must have direct lers, appliances, and survival and emer- access at all times prior to flight to all gency equipment; of the information contained in the ap- (2) An inspection program that is proved Minimum Equipment List part of a continuous airworthiness through printed or other means ap- maintenance program currently in use proved by the Administrator in the by a person holding an air carrier or program manager’s management speci- operating certificate issued under part fications. An approved Minimum 119 of this chapter and operating that Equipment List, as authorized by the make and model aircraft under part 121 management specifications, con- or 135 of this chapter; stitutes an approved change to the (3) An aircraft inspection program type design without requiring recertifi- approved under § 135.419 of this chapter cation.

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(3) The approved Minimum Equip- ness maintenance program must com- ment List must: ply with §§ 91.1413 through 91.1443. (i) Be prepared in accordance with the limitations specified in paragraph § 91.1413 CAMP: Responsibility for air- (b) of this section. worthiness. (ii) Provide for the operation of the (a) For aircraft maintained in ac- aircraft with certain instruments and cordance with a Continuous Airworthi- equipment in an inoperable condition. ness Maintenance Program, each pro- (4) Records identifying the inoperable gram manager is primarily responsible instruments and equipment and the in- for the following: formation required by (a)(3)(ii) of this (1) Maintaining the airworthiness of section must be available to the pilot. the program aircraft, including air- (5) The aircraft is operated under all applicable conditions and limitations frames, aircraft engines, propellers, ro- contained in the Minimum Equipment tors, appliances, and parts. List and the management specifica- (2) Maintaining its aircraft in accord- tions authorizing use of the Minimum ance with the requirements of this Equipment List. chapter. (b) The following instruments and (3) Repairing defects that occur be- equipment may not be included in the tween regularly scheduled mainte- Minimum Equipment List: nance required under part 43 of this (1) Instruments and equipment that chapter. are either specifically or otherwise re- (b) Each program manager who main- quired by the airworthiness require- tains program aircraft under a CAMP ments under which the airplane is type must— certificated and that are essential for (1) Employ a Director of Maintenance safe operations under all operating or equivalent position. The Director of conditions. Maintenance must be a certificated (2) Instruments and equipment re- mechanic with airframe and power- quired by an airworthiness directive to plant ratings who has responsibility for be in operable condition unless the air- the maintenance program on all pro- worthiness directive provides other- gram aircraft maintained under a con- wise. tinuous airworthiness maintenance (3) Instruments and equipment re- quired for specific operations by this program. This person cannot also act part. as Chief Inspector. (c) Notwithstanding paragraphs (b)(1) (2) Employ a Chief Inspector or and (b)(3) of this section, an aircraft equivalent position. The Chief Inspec- with inoperable instruments or equip- tor must be a certificated mechanic ment may be operated under a special with airframe and powerplant ratings flight permit under §§ 21.197 and 21.199 who has overall responsibility for in- of this chapter. spection aspects of the CAMP. This (d) A person authorized to use an ap- person cannot also act as Director of proved Minimum Equipment List Maintenance. issued for a specific aircraft under part (3) Have the personnel to perform the 121, 125, or 135 of this chapter must use maintenance of program aircraft, in- that Minimum Equipment List to com- cluding airframes, aircraft engines, ply with this section. propellers, rotors, appliances, emer- gency equipment and parts, under its § 91.1411 Continuous airworthiness maintenance program use by frac- manual and this chapter; or make ar- tional ownership program manager. rangements with another person for the performance of maintenance. How- Fractional ownership program air- craft may be maintained under a con- ever, the program manager must en- tinuous airworthiness maintenance sure that any maintenance, preventive program (CAMP) under §§ 91.1413 maintenance, or alteration that is per- through 91.1443. Any program manager formed by another person is performed who elects to maintain the program under the program manager’s oper- aircraft using a continuous airworthi- ating manual and this chapter.

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§ 91.1415 CAMP: Mechanical reliability of the earth on takeoff until it touches reports. down on landing. (a) Each program manager who main- (c) In addition to the reports required tains program aircraft under a CAMP by paragraph (a) of this section, each must report the occurrence or detec- program manager must report any tion of each failure, malfunction, or de- other failure, malfunction, or defect in fect in an aircraft concerning— an aircraft that occurs or is detected at (1) Fires during flight and whether any time if, in the manager’s opinion, the related fire-warning system func- the failure, malfunction, or defect has tioned properly; endangered or may endanger the safe operation of the aircraft. (2) Fires during flight not protected (d) Each program manager must send by related fire-warning system; each report required by this section, in (3) False fire-warning during flight; writing, covering each 24-hour period (4) An exhaust system that causes beginning at 0900 hours local time of damage during flight to the engine, ad- each day and ending at 0900 hours local jacent structure, equipment, or compo- time on the next day to the Flight nents; Standards District Office that issued (5) An aircraft component that the program manager’s management causes accumulation or circulation of specifications. Each report of occur- smoke, vapor, or toxic or noxious rences during a 24-hour period must be fumes in the crew compartment or pas- mailed or transmitted to that office senger cabin during flight; within the next 72 hours. However, a (6) Engine shutdown during flight be- report that is due on Saturday or Sun- cause of flameout; day may be mailed or transmitted on (7) Engine shutdown during flight the following Monday and one that is when external damage to the engine or due on a holiday may be mailed or aircraft structure occurs; transmitted on the next workday. For (8) Engine shutdown during flight be- aircraft operated in areas where mail is cause of foreign object ingestion or not collected, reports may be mailed or icing; transmitted within 72 hours after the (9) Shutdown of more than one en- aircraft returns to a point where the gine during flight; mail is collected. (10) A propeller feathering system or (e) The program manager must trans- ability of the system to control over- mit the reports required by this section speed during flight; on a form and in a manner prescribed (11) A fuel or fuel-dumping system by the Administrator, and must in- that affects fuel flow or causes haz- clude as much of the following as is ardous leakage during flight; available: (12) An unwanted landing gear exten- (1) The type and identification num- sion or retraction or opening or closing ber of the aircraft. of landing gear doors during flight; (2) The name of the program man- (13) Brake system components that ager. result in loss of brake actuating force (3) The date. when the aircraft is in motion on the (4) The nature of the failure, mal- ground; function, or defect. (14) Aircraft structure that requires (5) Identification of the part and sys- major repair; tem involved, including available infor- (15) Cracks, permanent deformation, mation pertaining to type designation or corrosion of aircraft structures, if of the major component and time since more than the maximum acceptable to last overhaul, if known. the manufacturer or the FAA; and (6) Apparent cause of the failure, (16) Aircraft components or systems malfunction or defect (for example, that result in taking emergency ac- wear, crack, design deficiency, or per- tions during flight (except action to sonnel error). shut down an engine). (7) Other pertinent information nec- (b) For the purpose of this section, essary for more complete identifica- during flight means the period from the tion, determination of seriousness, or moment the aircraft leaves the surface corrective action.

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(f) A program manager that is also its maintenance (other than required the holder of a type certificate (includ- inspections), preventive maintenance, ing a supplemental type certificate), a or alterations, and each person with Parts Manufacturer Approval, or a whom it arranges for the performance Technical Standard Order Authoriza- of that work, must have an organiza- tion, or that is the licensee of a type tion adequate to perform the work. certificate need not report a failure, (b) Each program manager who has malfunction, or defect under this sec- personnel perform any inspections re- tion if the failure, malfunction, or de- quired by the program manager’s man- fect has been reported by it under § 21.3 ual under § 91.1427(b) (2) or (3), (in this of this chapter or under the accident subpart referred to as required inspec- reporting provisions of part 830 of the tions), and each person with whom the regulations of the National Transpor- program manager arranges for the per- tation Safety Board. formance of that work, must have an (g) No person may withhold a report organization adequate to perform that required by this section even when not work. all information required by this section (c) Each person performing required is available. inspections in addition to other main- (h) When the program manager re- tenance, preventive maintenance, or ceives additional information, includ- alterations, must organize the perform- ing information from the manufacturer ance of those functions so as to sepa- or other agency, concerning a report rate the required inspection functions required by this section, the program from the other maintenance, preven- manager must expeditiously submit it tive maintenance, or alteration func- as a supplement to the first report and tions. The separation must be below reference the date and place of submis- the level of administrative control at sion of the first report. which overall responsibility for the re- quired inspection functions and other § 91.1417 CAMP: Mechanical interrup- maintenance, preventive maintenance, tion summary report. or alterations is exercised. Each program manager who main- tains program aircraft under a CAMP § 91.1425 CAMP: Maintenance, preven- must mail or deliver, before the end of tive maintenance, and alteration the 10th day of the following month, a programs. summary report of the following occur- Each program manager who main- rences in multiengine aircraft for the tains program aircraft under a CAMP preceding month to the Flight Stand- must have an inspection program and a ards District Office that issued the program covering other maintenance, management specifications: preventive maintenance, or alterations (a) Each interruption to a flight, un- that ensures that— scheduled change of aircraft en route, (a) Maintenance, preventive mainte- or unscheduled stop or diversion from a nance, or alterations performed by its route, caused by known or suspected personnel, or by other persons, are per- mechanical difficulties or malfunctions formed under the program manager’s that are not required to be reported manual; under § 91.1415. (b) Competent personnel and ade- (b) The number of propeller quate facilities and equipment are pro- featherings in flight, listed by type of vided for the proper performance of propeller and engine and aircraft on maintenance, preventive maintenance, which it was installed. Propeller or alterations; and featherings for training, demonstra- (c) Each aircraft released to service tion, or flight check purposes need not is airworthy and has been properly be reported. maintained for operation under this part. § 91.1423 CAMP: Maintenance organi- zation. § 91.1427 CAMP: Manual requirements. (a) Each program manager who main- (a) Each program manager who main- tains program aircraft under a CAMP tains program aircraft under a CAMP that has its personnel perform any of must put in the operating manual the

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chart or description of the program overall responsibility for the manage- manager’s organization required by ment of both the required inspection § 91.1423 and a list of persons with functions and the other maintenance, whom it has arranged for the perform- preventive maintenance, or alterations ance of any of its required inspections, functions. and other maintenance, preventive (9) Procedures to ensure that mainte- maintenance, or alterations, including nance (including required inspections), a general description of that work. preventive maintenance, or alterations (b) Each program manager must put that are not completed because of work in the operating manual the programs interruptions are properly completed required by § 91.1425 that must be fol- before the aircraft is released to serv- lowed in performing maintenance, pre- ice. ventive maintenance, or alterations of (c) Each program manager must put that program manager’s aircraft, in- in the manual a suitable system (which cluding airframes, aircraft engines, may include an electronic or coded sys- propellers, rotors, appliances, emer- tem) that provides for the retention of gency equipment, and parts, and must the following information— include at least the following: (1) A description (or reference to data (1) The method of performing routine acceptable to the Administrator) of the and nonroutine maintenance (other work performed; than required inspections), preventive (2) The name of the person per- maintenance, or alterations. forming the work if the work is per- (2) A designation of the items of formed by a person outside the organi- maintenance and alteration that must zation of the program manager; and be inspected (required inspections) in- (3) The name or other positive identi- cluding at least those that could result fication of the individual approving the in a failure, malfunction, or defect en- work. dangering the safe operation of the air- (d) For the purposes of this part, the craft, if not performed properly or if program manager must prepare that improper parts or materials are used. part of its manual containing mainte- (3) The method of performing re- nance information and instructions, in quired inspections and a designation by whole or in part, in a format accept- occupational title of personnel author- able to the Administrator, that is re- ized to perform each required inspec- trievable in the English language. tion. (4) Procedures for the reinspection of § 91.1429 CAMP: Required inspection work performed under previous re- personnel. quired inspection findings (buy-back (a) No person who maintains an air- procedures). craft under a CAMP may use any per- (5) Procedures, standards, and limits son to perform required inspections un- necessary for required inspections and less the person performing the inspec- acceptance or rejection of the items re- tion is appropriately certificated, prop- quired to be inspected and for periodic erly trained, qualified, and authorized inspection and calibration of precision to do so. tools, measuring devices, and test (b) No person may allow any person equipment. to perform a required inspection un- (6) Procedures to ensure that all re- less, at the time the work was per- quired inspections are performed. formed, the person performing that in- (7) Instructions to prevent any per- spection is under the supervision and son who performs any item of work control of the chief inspector. from performing any required inspec- (c) No person may perform a required tion of that work. inspection if that person performed the (8) Instructions and procedures to item of work required to be inspected. prevent any decision of an inspector re- (d) Each program manager must garding any required inspection from maintain, or must ensure that each being countermanded by persons other person with whom it arranges to per- than supervisory personnel of the in- form required inspections maintains, a spection unit, or a person at the level current listing of persons who have of administrative control that has been trained, qualified, and authorized

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to conduct required inspections. The sure that each person (including in- persons must be identified by name, oc- spection personnel) who determines the cupational title, and the inspections adequacy of work done is fully in- that they are authorized to perform. formed about procedures and tech- The program manager (or person with niques and new equipment in use and is whom it arranges to perform its re- competent to perform that person’s du- quired inspections) must give written ties. information to each person so author- ized, describing the extent of that per- § 91.1435 CAMP: Certificate require- son’s responsibilities, authorities, and ments. inspectional limitations. The list must (a) Except for maintenance, preven- be made available for inspection by the tive maintenance, alterations, and re- Administrator upon request. quired inspections performed by repair stations located outside the United § 91.1431 CAMP: Continuing analysis States certificated under the provi- and surveillance. sions of part 145 of this chapter, each (a) Each program manager who main- person who is directly in charge of tains program aircraft under a CAMP maintenance, preventive maintenance, must establish and maintain a system or alterations for a CAMP, and each for the continuing analysis and surveil- person performing required inspections lance of the performance and effective- for a CAMP must hold an appropriate ness of its inspection program and the airman certificate. program covering other maintenance, (b) For the purpose of this section, a preventive maintenance, and alter- person ‘‘directly in charge’’ is each per- ations and for the correction of any de- son assigned to a position in which ficiency in those programs, regardless that person is responsible for the work of whether those programs are carried of a shop or station that performs out by employees of the program man- maintenance, preventive maintenance, ager or by another person. alterations, or other functions affect- (b) Whenever the Administrator finds ing airworthiness. A person who is di- that the programs described in para- rectly in charge need not physically graph (a) of this section does not con- observe and direct each worker con- tain adequate procedures and standards stantly but must be available for con- to meet this part, the program man- sultation and decision on matters re- ager must, after notification by the quiring instruction or decision from Administrator, make changes in those higher authority than that of the per- programs requested by the Adminis- son performing the work. trator. (c) A program manager may petition § 91.1437 CAMP: Authority to perform the Administrator to reconsider the and approve maintenance. notice to make a change in a program. A program manager who maintains The petition must be filed with the Di- program aircraft under a CAMP may rector, Flight Standards Service, with- employ maintenance personnel, or in 30 days after the program manager make arrangements with other persons receives the notice. Except in the case to perform maintenance and preventive of an emergency requiring immediate maintenance as provided in its mainte- action in the interest of safety, the fil- nance manual. Unless properly certifi- ing of the petition stays the notice cated, the program manager may not pending a decision by the Adminis- perform or approve maintenance for re- trator. turn to service.

§ 91.1433 CAMP: Maintenance and pre- § 91.1439 CAMP: Maintenance record- ventive maintenance training pro- ing requirements. gram. (a) Each program manager who main- Each program manager who main- tains program aircraft under a CAMP tains program aircraft under a CAMP must keep (using the system specified or a person performing maintenance or in the manual required in § 91.1427) the preventive maintenance functions for following records for the periods speci- it must have a training program to en- fied in paragraph (b) of this section:

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(1) All the records necessary to show § 91.1441 CAMP: Transfer of mainte- that all requirements for the issuance nance records. of an airworthiness release under When a U.S.-registered fractional § 91.1443 have been met. ownership program aircraft maintained (2) Records containing the following under a CAMP is removed from the list information: of program aircraft in the management (i) The total time in service of the specifications, the program manager airframe, engine, propeller, and rotor. must transfer to the purchaser, at the (ii) The current status of life-limited time of the sale, the following records parts of each airframe, engine, pro- of that aircraft, in plain language form peller, rotor, and appliance. or in coded form that provides for the (iii) The time since last overhaul of preservation and retrieval of informa- each item installed on the aircraft that tion in a manner acceptable to the Ad- are required to be overhauled on a ministrator: specified time basis. (a) The records specified in (iv) The identification of the current § 91.1439(a)(2). inspection status of the aircraft, in- (b) The records specified in § 91.1439(a)(1) that are not included in cluding the time since the last inspec- the records covered by paragraph (a) of tions required by the inspection pro- this section, except that the purchaser gram under which the aircraft and its may allow the program manager to appliances are maintained. keep physical custody of such records. (v) The current status of applicable However, custody of records by the pro- airworthiness directives, including the gram manager does not relieve the pur- date and methods of compliance, and, chaser of its responsibility under if the airworthiness directive involves § 91.1439(c) to make the records avail- recurring action, the time and date able for inspection by the Adminis- when the next action is required. trator or any representative of the Na- (vi) A list of current major alter- tional Transportation Safety Board. ations and repairs to each airframe, en- gine, propeller, rotor, and appliance. § 91.1443 CAMP: Airworthiness release (b) Each program manager must re- or aircraft maintenance log entry. tain the records required to be kept by (a) No program aircraft maintained this section for the following periods: under a CAMP may be operated after (1) Except for the records of the last maintenance, preventive maintenance, complete overhaul of each airframe, or alterations are performed unless engine, propeller, rotor, and appliance qualified, certificated personnel em- the records specified in paragraph (a)(1) ployed by the program manager pre- of this section must be retained until pare, or cause the person with whom the program manager arranges for the the work is repeated or superseded by performance of the maintenance, pre- other work or for one year after the ventive maintenance, or alterations, to work is performed. prepare— (2) The records of the last complete (1) An airworthiness release; or overhaul of each airframe, engine, pro- (2) An appropriate entry in the air- peller, rotor, and appliance must be re- craft maintenance log. tained until the work is superseded by (b) The airworthiness release or log work of equivalent scope and detail. entry required by paragraph (a) of this (3) The records specified in paragraph section must— (a)(2) of this section must be retained (1) Be prepared in accordance with as specified unless transferred with the the procedure in the program man- aircraft at the time the aircraft is sold. ager’s manual; (c) The program manager must make (2) Include a certification that— all maintenance records required to be (i) The work was performed in ac- kept by this section available for in- cordance with the requirements of the spection by the Administrator or any program manager’s manual; representative of the National Trans- (ii) All items required to be inspected portation Safety Board. were inspected by an authorized person

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who determined that the work was sat- ing Model, 707, 720, 727, 737 or 747, isfactorily completed; McDonnell Douglas Model DC–8, DC–9/ (iii) No known condition exists that MD–80 or DC–10, Fokker Model F28, or would make the aircraft unairworthy; Lockheed Model L–1011 airplane beyond (iv) So far as the work performed is applicable flight cycle implementation concerned, the aircraft is in condition time specified below, or May 25, 2001, for safe operation; and whichever occurs later, unless repair (3) Be signed by an authorized certifi- assessment guidelines applicable to the cated mechanic. fuselage pressure boundary (fuselage (c) Notwithstanding paragraph (b)(3) skin, door skin, and bulkhead webs) of this section, after maintenance, pre- that have been approved by the FAA ventive maintenance, or alterations Aircraft Certification Office (ACO), or performed by a repair station certifi- office of the Transport Airplane Direc- cated under the provisions of part 145 torate, having cognizance over the type of this chapter, the approval for return certificate for the affected airplane are to service or log entry required by incorporated within its inspection pro- paragraph (a) of this section may be gram: signed by a person authorized by that (1) For the Airbus Model A300 (ex- repair station. cluding the –600 series), the flight cycle (d) Instead of restating each of the implementation time is: conditions of the certification required (i) Model B2: 36,000 flights. by paragraph (b) of this section, the (ii) Model B4–100 (including Model program manager may state in its B4–2C): 30,000 flights above the window manual that the signature of an au- line, and 36,000 flights below the win- thorized certificated mechanic or re- dow line. pairman constitutes that certification. (iii) Model B4–200: 25,500 flights above the window line, and 34,000 flights Subpart L—Continued Airworthi- below the window line. ness and Safety Improve- (2) For all models of the British Aero- ments space BAC 1–11, the flight cycle imple- mentation time is 60,000 flights. SOURCE: Amdt. 91–297, 72 FR 63410, Nov. 8, (3) For all models of the Boeing 707, 2007, unless otherwise noted. the flight cycle implementation time is 15,000 flights. § 91.1501 Purpose and definition. (4) For all models of the Boeing 720, (a) This subpart requires operators to the flight cycle implementation time is support the continued airworthiness of 23,000 flights. each airplane. These requirements may (5) For all models of the Boeing 727, include, but are not limited to, revising the flight cycle implementation time is the inspection program, incorporating 45,000 flights. design changes, and incorporating revi- (6) For all models of the Boeing 737, sions to Instructions for Continued the flight cycle implementation time is Airworthiness. 60,000 flights. (b) For purposes of this subpart, the (7) For all models of the Boeing 747, FAA Oversight Office is the aircraft ‘‘ ’’ the flight cycle implementation time is certification office or office of the 15,000 flights. Transport Airplane Directorate with (8) For all models of the McDonnell oversight responsibility for the rel- Douglas DC–8, the flight cycle imple- evant type certificate or supplemental mentation time is 30,000 flights. type certificate, as determined by the Administrator. (9) For all models of the McDonnell Douglas DC–9/MD–80, the flight cycle § 91.1503 [Reserved] implementation time is 60,000 flights. (10) For all models of the McDonnell § 91.1505 Repairs assessment for pres- Douglas DC–10, the flight cycle imple- surized fuselages. mentation time is 30,000 flights. (a) No person may operate an Airbus (11) For all models of the Lockheed Model A300 (excluding the –600 series), L–1011, the flight cycle implementation British Aerospace Model BAC 1–11, Boe- time is 27,000 flights.

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(12) For the Fokker F–28 Mark 1000, developed under SFAR 88, or under 2000, 3000, and 4000, the flight cycle im- § 25.1529 in effect on June 6, 2001, the op- plementation time is 60,000 flights. erator must include in the inspection (b) [Reserved] program for the airplane inspections and procedures for the fuel tank sys- [Doc. No. 29104, 65 FR 24125, Apr. 25, 2000; 65 tem based on those ICA. FR 35703, June 5, 2000; 65 FR 50744, Aug. 21, 2000, as amended by Amdt. 91–266, 66 FR (f) The fuel tank system inspection 23130, May 7, 2001; Amdt. 91–277, 67 FR 72834, program changes identified in para- Dec. 9, 2002; Amdt. 91–283, 69 FR 45941, July graphs (d) and (e) of this section and 30, 2004. Redesignated and amended by Amdt. any later fuel tank system revisions 91–297, 72 FR 63410, Nov. 8, 2007] must be submitted to the Flight Stand- ards District Office (FSDO) responsible § 91.1507 Fuel tank system inspection for review and approval. program. (g) This section does not apply to the (a) Except as provided in paragraph following airplane models: (g) of this section, this section applies (1) Bombardier CL–44 to transport category, turbine-powered (2) Concorde airplanes with a type certificate issued (3) deHavilland D.H. 106 Comet 4C after January 1, 1958, that, as a result (4) VFW-Vereinigte Flugtechnische of original type certification or later Werk VFW–614 increase in capacity, have— (5) Illyushin Aviation IL 96T (1) A maximum type-certificated pas- (6) Bristol Aircraft Britannia 305 senger capacity of 30 or more, or (7) Handley Page Herald Type 300 (2) A maximum payload capacity of (8) Avions Marcel Dassault—Breguet 7,500 pounds or more. Aviation Mercure 100C (b) For each airplane on which an (9) Airbus Caravelle auxiliary fuel tank is installed under a (10) Lockheed L–300 field approval, before June 16, 2008, the operator must submit to the FAA APPENDIX A TO PART 91—CATEGORY II Oversight Office proposed maintenance OPERATIONS: MANUAL, INSTRU- instructions for the tank that meet the MENTS, EQUIPMENT, AND MAINTE- requirements of Special Federal Avia- NANCE tion Regulation No. 88 (SFAR 88) of 1. Category II Manual this chapter. (a) Application for approval. An applicant (c) After December 16, 2008, no oper- for approval of a Category II manual or an ator may operate an airplane identified amendment to an approved Category II man- in paragraph (a) of this section unless ual must submit the proposed manual or the inspection program for that air- amendment to the Flight Standards District plane has been revised to include appli- Office having jurisdiction of the area in cable inspections, procedures, and limi- which the applicant is located. If the appli- tations for fuel tank systems. cation requests an evaluation program, it must include the following: (d) The proposed fuel tank system in- (1) The location of the aircraft and the spection program revisions specified in place where the demonstrations are to be paragraph (c) of this section must be conducted; and based on fuel tank system Instructions (2) The date the demonstrations are to for Continued Airworthiness (ICA) that commence (at least 10 days after filing the have been developed in accordance application). with the applicable provisions of SFAR (b) Contents. Each Category II manual must contain: 88 of this chapter or § 25.1529 and part (1) The registration number, make, and 25, Appendix H, of this chapter, in ef- model of the aircraft to which it applies; fect on June 6, 2001 (including those de- (2) A maintenance program as specified in veloped for auxiliary fuel tanks, if any, section 4 of this appendix; and installed under supplemental type cer- (3) The procedures and instructions related tificates or other design approval) and to recognition of decision height, use of run- that have been approved by the FAA way visual range information, approach monitoring, the decision region (the region Oversight Office. between the middle marker and the decision (e) After December 16, 2008, before re- height), the maximum permissible devi- turning an airplane to service after any ations of the basic ILS indicator within the alterations for which fuel tank ICA are decision region, a missed approach, use of

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airborne low approach equipment, minimum installed for use in Category III operations, altitude for the use of the autopilot, instru- the radio altimeter and autothrottle system. ment and equipment failure warning sys- (2) Dual controls. tems, instrument failure, and other proce- (3) An externally vented static pressure dures, instructions, and limitations that system with an alternate static pressure may be found necessary by the Adminis- source. trator. (4) A windshield wiper or equivalent means of providing adequate cockpit visibility for a 2. Required Instruments and Equipment safe visual transition by either pilot to The instruments and equipment listed in touchdown and rollout. this section must be installed in each air- (5) A heat source for each airspeed system craft operated in a Category II operation. pitot tube installed or an equivalent means This section does not require duplication of of preventing malfunctioning due to icing of instruments and equipment required by the pitot system. § 91.205 or any other provisions of this chap- 3. Instruments and Equipment Approval ter. (a) Group I. (1) Two localizer and glide (a) General. The instruments and equip- slope receiving systems. Each system must ment required by section 2 of this appendix provide a basic ILS display and each side of must be approved as provided in this section the instrument panel must have a basic ILS before being used in Category II operations. display. However, a single localizer antenna Before presenting an aircraft for approval of and a single glide slope antenna may be used. the instruments and equipment, it must be (2) A communications system that does not shown that since the beginning of the 12th affect the operation of at least one of the calendar month before the date of submis- ILS systems. sion— (3) A marker beacon receiver that provides (1) The ILS localizer and glide slope equip- distinctive aural and visual indications of ment were bench checked according to the the outer and the middle markers. manufacturer’s instructions and found to (4) Two gyroscopic pitch and bank indi- meet those standards specified in RTCA cating systems. Paper 23–63/DO–117 dated March 14, 1963, (5) Two gyroscopic direction indicating ‘‘Standard Adjustment Criteria for Airborne systems. Localizer and Glide Slope Receivers,’’ which (6) Two airspeed indicators. may be obtained from the RTCA Secretariat, (7) Two sensitive altimeters adjustable for 1425 K St., NW., Washington, DC 20005. barometric pressure, each having a placarded (2) The altimeters and the static pressure correction for altimeter scale error and for systems were tested and inspected in accord- the wheel height of the aircraft. After June ance with appendix E to part 43 of this chap- 26, 1979, two sensitive altimeters adjustable ter; and for barometric pressure, having markings at (3) All other instruments and items of 20-foot intervals and each having a placarded equipment specified in section 2(a) of this ap- correction for altimeter scale error and for pendix that are listed in the proposed main- the wheel height of the aircraft. tenance program were bench checked and (8) Two vertical speed indicators. found to meet the manufacturer’s specifica- (9) A flight control guidance system that tions. consists of either an automatic approach (b) Flight control guidance system. All com- coupler or a flight director system. A flight ponents of the flight control guidance sys- director system must display computed in- tem must be approved as installed by the formation as steering command in relation evaluation program specified in paragraph to an ILS localizer and, on the same instru- (e) of this section if they have not been ap- ment, either computed information as pitch proved for Category III operations under ap- command in relation to an ILS glide slope or plicable type or supplemental type certifi- basic ILS glide slope information. An auto- cation procedures. In addition, subsequent matic approach coupler must provide at changes to make, model, or design of the least automatic steering in relation to an components must be approved under this ILS localizer. The flight control guidance paragraph. Related systems or devices, such system may be operated from one of the re- as the autothrottle and computed missed ap- ceiving systems required by subparagraph (1) proach guidance system, must be approved in of this paragraph. the same manner if they are to be used for (10) For Category II operations with deci- Category II operations. sion heights below 150 feet either a marker (c) Radio altimeter. A radio altimeter must beacon receiver providing aural and visual meet the performance criteria of this para- indications of the inner marker or a radio al- graph for original approval and after each timeter. subsequent alteration. (b) Group II. (1) Warning systems for imme- (1) It must display to the flight crew clear- diate detection by the pilot of system faults ly and positively the wheel height of the in items (1), (4), (5), and (9) of Group I and, if main landing gear above the terrain.

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(2) It must display wheel height above the (iii) Deviation from glide slope after leav- terrain to an accuracy of plus or minus 5 feet ing the outer marker does not exceed 50 per- or 5 percent, whichever is greater, under the cent of full-scale deflection as displayed on following conditions: the ILS indicator; (i) Pitch angles of zero to plus or minus 5 (iv) No unusual roughness or excessive at- degrees about the mean approach attitude. titude changes occur after leaving the mid- (ii) Roll angles of zero to 20 degrees in ei- dle marker; and ther direction. (v) In the case of an aircraft equipped with (iii) Forward velocities from minimum ap- an approach coupler, the aircraft is suffi- proach speed up to 200 knots. ciently in trim when the approach coupler is (iv) Sink rates from zero to 15 feet per sec- disconnected at the decision height to allow ond at altitudes from 100 to 200 feet. for the continuation of a normal approach (3) Over level ground, it must track the ac- and landing. tual altitude of the aircraft without signifi- (3) Records. During the evaluation program cant lag or oscillation. the following information must be main- (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- eter to unlock, and indicator response to (i) Each deficiency in airborne instruments such changes must not exceed 0.1 seconds and equipment that prevented the initiation and, in addition, if the system unlocks for of an approach. greater changes, it must reacquire the signal (ii) The reasons for discontinuing an ap- in less than 1 second. proach, including the altitude above the run- (5) Systems that contain a push-to-test way at which it was discontinued. feature must test the entire system (with or (iii) Speed control at the 100-foot decision without an antenna) at a simulated altitude height if auto throttles are used. of less than 500 feet. (iv) Trim condition of the aircraft upon (6) The system must provide to the flight disconnecting the auto coupler with respect crew a positive failure warning display any to continuation to flare and landing. time there is a loss of power or an absence of (v) Position of the aircraft at the middle ground return signals within the designed marker and at the decision height indicated range of operating altitudes. both on a diagram of the basic ILS display (d) Other instruments and equipment. All and a diagram of the runway extended to the other instruments and items of equipment middle marker. Estimated touchdown point required by § 2 of this appendix must be capa- must be indicated on the runway diagram. ble of performing as necessary for Category (vi) Compatibility of flight director with II operations. Approval is also required after the auto coupler, if applicable. each subsequent alteration to these instru- (vii) Quality of overall system perform- ments and items of equipment. ance. (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.

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(3) A schedule that provides for the per- APPENDIX B TO PART 91—AUTHORIZA- formance of bench checks for each listed in- TIONS TO EXCEED MACH 1 (§ 91.817) strument and item of equipment that is spec- ified in section 2(a) within 12 calendar Section 1. Application months after the date of the previous bench check. (a) An applicant for an authorization to ex- (4) A schedule that provides for the per- ceed Mach 1 must apply in a form and man- formance of a test and inspection of each ner prescribed by the Administrator and static pressure system in accordance with must comply with this appendix. appendix E to part 43 of this chapter within (b) In addition, each application for an au- 12 calendar months after the date of the pre- thorization to exceed Mach 1 covered by sec- vious test and inspection. tion 2(a) of this appendix must contain all (5) The procedures for the performance of information requested by the Administrator the periodic inspections and functional flight necessary to assist him in determining 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 (2) It must consist of removal of an instru- protect or enhance the environment. ment or item of equipment and performance of the following: Section 2. Issuance (i) A visual inspection for cleanliness, im- (a) For a flight in a designated test area, pending failure, and the need for lubrication, an authorization to exceed Mach 1 may be repair, or replacement of parts; issued when the Administrator has taken the (ii) Correction of items found by that vis- environmental protective actions specified ual inspection; and in section 1(b) of this appendix and the appli- (iii) Calibration to at least the manufac- cant shows one or more of the following: turer’s specifications unless otherwise speci- (1) The flight is necessary to show compli- fied in the approved Category II manual for ance with airworthiness requirements. the aircraft in which the instrument or item (2) The flight is necessary to determine the of equipment is installed. sonic boom characteristics of the airplane or (c) Extensions. After the completion of one to establish means of reducing or elimi- maintenance cycle of 12 calendar months, a nating the effects of sonic boom. request to extend the period for checks, (3) The flight is necessary to demonstrate tests, and inspections is approved if it is the conditions and limitations under which shown that the performance of particular speeds greater than a true flight Mach num- equipment justifies the requested extension. ber of 1 will not cause a measurable sonic [Doc. No. 18334, 54 FR 34325, Aug. 18, 1989, as boom overpressure to reach the surface. amended by Amdt. 91–269, 66 FR 41116, Aug. 6, (b) For a flight outside of a designated test 2001] area, an authorization to exceed Mach 1 may

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be issued if the applicant shows conserv- Section 2 atively under paragraph (a)(3) of this section The navigation performance capability re- that— quired for aircraft to be operated in the air- (1) The flight will not cause a measurable space defined in section 1 of this appendix is sonic boom overpressure to reach the surface as follows: when the aircraft is operated under condi- (a) The standard deviation of lateral track tions and limitations demonstrated under errors shall be less than 6.3 NM (11.7 Km). paragraph (a)(3) of this section; and Standard deviation is a statistical measure (2) Those conditions and limitations rep- of data about a mean value. The mean is zero resent all foreseeable operating conditions. nautical miles. The overall form of data is such that the plus and minus 1 standard de- Section 3. Duration viation about the mean encompasses ap- (a) An authorization to exceed Mach 1 is ef- proximately 68 percent of the data and plus fective until it expires or is surrendered, or or minus 2 deviations encompasses approxi- until it is suspended or terminated by the mately 95 percent. Administrator. Such an authorization may (b) The proportion of the total flight time 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) and § 91.225(d)(2) apply. APPENDIX C TO PART 91—OPERATIONS IN The requirements of §§ 91.215(b)(2) and THE NORTH ATLANTIC (NAT) MIN- 91.225(d)(2) apply below 10,000 feet MSL with- in a 30-nautical-mile radius of each location IMUM NAVIGATION PERFORMANCE in the following list. SPECIFICATIONS (MNPS) AIRSPACE Atlanta, GA (The William B. Hartsfield At- Section 1 lanta International Airport) Baltimore, MD (Baltimore Washington Inter- NAT MNPS airspace is that volume of air- national Airport) space between FL 285 and FL 420 extending Boston, MA (General Edward Lawrence between latitude 27 degrees north and the Logan International Airport) North Pole, bounded in the east by the east- Chantilly, VA (Washington Dulles Inter- ern boundaries of control areas Santa Maria national Airport) Oceanic, Shanwick Oceanic, and Reykjavik 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 Covington, KY (Cincinnati Northern Ken- of 38 degrees 30 minutes north. tucky International Airport)

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Dallas, TX (Dallas/Fort Worth Regional Air- Columbus, OH (Port Columbus International port) Airport) Denver, CO (Denver International Airport) Covington, KY (Cincinnati Northern Ken- Detroit, MI (Metropolitan Wayne County tucky International Airport) Airport) Dallas, TX (Dallas/Fort Worth Regional Air- Honolulu, HI (Honolulu International Air- port) port) Dallas, TX (Love Field) Houston, TX (George Bush Intercontinental Denver, CO (Denver International Airport) Airport/Houston) Detroit, MI (Metropolitan Wayne County Kansas City, KS (Mid-Continent Inter- Airport) national Airport) Honolulu, HI (Honolulu International Air- Las Vegas, NV (McCarran International Air- port) port) Houston, TX (George Bush Intercontinental Los Angeles, CA (Los Angeles International Airport/Houston) Airport) Indianapolis, IN (Indianapolis International Memphis, TN (Memphis International Air- Airport) port) Los Angeles, CA (Los Angeles International Miami, FL (Miami International Airport) Airport) Minneapolis, MN (Minneapolis-St. Paul Louisville, KY (Standiford Field) International Airport) Memphis, TN (Memphis International Air- Newark, NJ (Newark International Airport) port) New Orleans, LA (New Orleans International Miami, FL (Miami International Airport) Airport-Moisant Field) Minneapolis, MN (Minneapolis-St. Paul New York, NY (John F. Kennedy Inter- International Airport) national Airport) Newark, NJ (Newark International Airport) New York, NY (LaGuardia Airport) New York, NY (John F. Kennedy Inter- Orlando, FL (Orlando International Airport) national Airport) Philadelphia, PA (Philadelphia International New York, NY (LaGuardia Airport) Airport) New Orleans, LA (New Orleans International 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 (Ronald Reagan Washington Tampa, FL (Tampa International Airport) National Airport and Andrews Air Force Washington, DC (Ronald Reagan Washington Base, MD) National Airport and Andrews Air Force Section 4. Locations at which solo student, Base, MD) sport, and recreational pilot activity is not Section 2. Airports at which the require- permitted. ments of § 91.215(b)(5)(ii) apply. [Reserved] Pursuant to § 91.131(b)(2), solo student, Section 3. Locations at which fixed-wing sport, and recreational pilot operations are Special VFR operations are prohibited. not permitted at any of the following air- The Special VFR weather minimums of ports. § 91.157 do not apply to the following air- Atlanta, GA (The William B. Hartsfield At- ports: lanta International Airport) Atlanta, GA (The William B. Hartsfield At- Boston, MA (General Edward Lawrence lanta International Airport) Logan International Airport) Baltimore, MD (Baltimore/Washington Inter- Chicago, IL (Chicago-O’Hare International national Airport) Airport) Boston, MA (General Edward Lawrence Dallas, TX (Dallas/Fort Worth Regional Air- Logan International Airport) port) Buffalo, NY (Greater Buffalo International Los Angeles, CA (Los Angeles International Airport) Airport) Chicago, IL (Chicago-O’Hare International Miami, FL (Miami International Airport) Airport) Newark, NJ (Newark International Airport) Cleveland, OH (Cleveland-Hopkins Inter- New York, NY (John F. Kennedy Inter- national Airport) national Airport)

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New York, NY (LaGuardia Airport) EFFECTIVE DATE NOTE: By Amdt. 91–236, 59 San Francisco, CA (San Francisco Inter- FR 2918, Jan. 19, 1994, as corrected by Amdt. national Airport) 91–237, 59 FR 6547, Feb. 11, 1994, appendix D to Washington, DC (Ronald Reagan Washington part 91 was amended in sections 1 and 3 in National Airport) the Denver, CO entry by revising ‘‘Stapleton’’ Andrews Air Force Base, MD to read ‘‘Denver’’ effective March 9, 1994. By [Amdt. 91–227, 56 FR 65661, Dec. 17, 1991, as Amdt. 91–238, 59 FR 10958, Mar. 9, 1994, the ef- amended by Amdt. 91–235, 58 FR 51968, Oct. 5, fective date was delayed to May 15, 1994. By 1993; Amdt. 91–236, 59 FR 2918, Jan. 19, 1994; Amdt. 91–241, 59 FR 24916, May 13, 1994, the Amdt. 91–237, 59 FR 6547, Feb. 11, 1994; 59 FR effective date was suspended indefinitely. 37667, July 25, 1994; Amdt. 91–258, 64 FR 66769, Nov. 30, 1999; Amdt. 91–278, 68 FR 9795, Feb. 28, 2003; Amdt. 91–282, 69 FR 44882, July 27, 2004; Admt. 91–314, 75 FR 30195, May 28, 2010; Amdt. 91–319, 75 FR 61613, Oct. 6, 2010]

APPENDIX E TO PART 91—AIRPLANE FLIGHT RECORDER SPECIFICATIONS

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

Relative Time (From 8 hr minimum ...... ±0.125% per hour ...... 1 ...... 1 sec. Recorded on Prior to Takeoff). Indicated Airspeed ..... Vso to VD (KIAS) ...... ±5% or ±10 kts., which- 1 ...... 1% 3 ever is greater. Resolu- tion 2 kts. below 175 KIAS. Altitude ...... ¥1,000 ft. to max cert. ±100 to ±700 ft. (see 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 Posi- tion 5. Engine Power, Each Full Range ...... ±3% unless higher 1 ...... 1% 3 Engine: uniquely required. Fan or N 1 Speed Maximum Range ...... ±5% ...... 1 ...... 1% 3 or EPR or Cockpit indica- tions Used for Aircraft Certifi- cation OR. Prop. speed and ...... 1 (prop Speed) ...... 1%3 Torque (Sam- 1 (torque) ...... 1% 3 ple Once/Sec as Close to- gether as Prac- ticable). Altitude Rate 2 (need ±8,000 fpm ...... ±10%. Resolution 250 1 ...... 250 fpm. below depends on altitude fpm below 12,000 ft. in- 12,000 resolution). dicated. Angle of Attack 2 ¥20° to 40° or 100% of ±2° ...... 1 ...... 0.8%3 (need depends on usable range. altitude resolution). Radio Transmitter On/Off ...... 1. Keying (Discrete). TE Flaps (Discrete or Each discrete position (U, ...... 1. Analog). D, T/O, AAP) OR. LE Flaps (Discrete or Analog 0–100% range ..... ±3% ...... 1 ...... 1%3 Analog).

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

Each discrete position (U, ...... 1. D, T/O, AAP) OR. Thrust Reverser, Analog 0–100% range ..... ±3° ...... 1 ...... 1%3 Each Engine (Dis- crete). Stowed or full reverse. Spoiler/Speedbrake Stowed or out ...... 1. (Discrete). Autopilot Engaged Engaged or Disengaged ...... 1. (Discrete). 1 When data sources are aircraft instruments (except altimeters) of acceptable quality to fly the aircraft the recording system excluding these sensors (but including all other characteristics of the recording system) shall contribute no more than half of the values in this column. 2 If data from the altitude encoding altimeter (100 ft. resolution) is used, then either one of these parameters should also be re- corded. If however, altitude is recorded at a minimum resolution of 25 feet, then these two parameters can be omitted. 3 Per cent of full range. 4 This column applies to aircraft manufactured after October 11, 1991. 5 For Pitch Control Position only, for all aircraft manufactured on or after April 6, 2012, the sampling interval (per second) is 8. Each input must be recorded at this rate. Alternately sampling inputs (interleaving) to meet this sampling interval is prohibited.

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

APPENDIX F TO PART 91—HELICOPTER FLIGHT RECORDER SPECIFICATIONS

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

Relative Time (From 4 hr minimum ...... ±0.125% per hour ...... 1 ...... 1 sec. Recorded on Prior to Takeoff). Indicated Airspeed ..... VM in to VD (KIAS) (min- ±5% or ±10 kts., which- 1 ...... 1 kt. imum airspeed signal ever is greater. attainable with installed pilot-static system). Altitude ...... ¥1,000 ft. to 20,000 ft. ±100 to ±700 ft. (see 1 ...... 25 to 150 ft. pressure altitude. Table 1, TSO C51–a). Magnetic Heading ..... 360° ...... ±5° ...... 1 ...... 1° Vertical Acceleration .. ¥3g to +6g ...... ±0.2g in addition to ±0.3g 4 (or 1 per second 0.05g. maximum datum. where peaks, ref. to 1g are recorded). Longitudinal Accelera- ±1.0g ...... ±1.5% max. range ex- 2 ...... 0.03g. tion. cluding datum error of ±5%. Pitch Attitude ...... 100% of usable range ..... ±2° ...... 1 ...... 0.8° Roll Attitude ...... ±60 or 100% of usable ±2° ...... 1 ...... 0.8° range, whichever is greater. Altitude Rate ...... ±8,000 fpm ...... ±10% Resolution 250 fpm 1 ...... 250 fpm below below 12,000 ft. indi- 12,000. cated. Engine Power, Each Engine Main Rotor Speed ..... Maximum Range ...... ±5% ...... 1 ...... 1%2. Free or Power Tur- Maximum Range ...... ±5% ...... 1 ...... 1%2. bine. Engine Torque ...... Maximum Range ...... ±5% ...... 1 ...... 1%2. Flight Control Hydraulic Pressure Primary (Discrete) ..... High/Low ...... 1. Secondary—if appli- High/Low ...... 1. cable (Discrete). Radio Transmitter On/Off ...... 1. Keying (Discrete). Autopilot Engaged Engaged or Disengaged ...... 1. (Discrete). SAS Status-Engaged Engaged or Disengaged ...... 1. (Discrete). SAS Fault Status Fault/OK ...... 1. (Discrete).

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

Flight Controls Collective 4 ...... Full range ...... ±3% ...... 2 ...... 1%2. Pedal Position 4 ...... Full range ...... ±3% ...... 2 ...... 1%2. Lat. Cyclic 4 ...... Full range ...... ±3% ...... 2 ...... 1%2. Long. Cyclic 4 ...... Full range ...... ±3% ...... 2 ...... 1%2. Controllable Stabilator Full range ...... ±3% ...... 2 ...... 1%2. Position 4. 1 When data sources are aircraft instruments (except altimeters) of acceptable quality to fly the aircraft the recording system excluding these sensors (but including all other characteristics of the recording system) shall contribute no more than half of the values in this column. 2 Per cent of full range. 3 This column applies to aircraft manufactured after October 11, 1991. 4 For all aircraft manufactured on or after April 6, 2012, the sampling interval per second is 4.

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

APPENDIX G TO PART 91—OPERATIONS IN RVSM Flight envelope. An RVSM flight en- REDUCED VERTICAL SEPARATION velope includes the range of Mach number, MINIMUM (RVSM) AIRSPACE weight divided by atmospheric pressure ratio, and altitudes over which an aircraft is Section 1. Definitions approved to be operated in cruising flight Reduced Vertical Separation Minimum within RVSM airspace. RVSM flight enve- (RVSM) Airspace. Within RVSM airspace, air lopes are defined as follows: traffic control (ATC) separates aircraft by a (a) The full RVSM flight envelope is bounded minimum of 1,000 feet vertically between as follows: flight level (FL) 290 and FL 410 inclusive. (1) The altitude flight envelope extends RVSM airspace is special qualification air- from FL 290 upward to the lowest altitude of space; the operator and the aircraft used by the following: the operator must be approved by the Ad- (i) FL 410 (the RVSM altitude limit); ministrator. Air-traffic control notifies oper- (ii) The maximum certificated altitude for ators of RVSM by providing route planning the aircraft; or information. Section 8 of this appendix iden- (iii) The altitude limited by cruise thrust, tifies airspace where RVSM may be applied. buffet, or other flight limitations. RVSM Group Aircraft. Aircraft within a group of aircraft, approved as a group by the (2) The airspeed flight envelope extends: Administrator, in which each of the aircraft (i) From the airspeed of the slats/flaps-up satisfy each of the following: maximum endurance (holding) airspeed, or (a) The aircraft have been manufactured to the maneuvering airspeed, whichever is the same design, and have been approved lower; under the same type certificate, amended (ii) To the maximum operating airspeed type certificate, or supplemental type cer- (Vmo/Mmo), or airspeed limited by cruise tificate. thrust buffet, or other flight limitations, (b) The static system of each aircraft is in- whichever is lower. stalled in a manner and position that is the (3) All permissible gross weights within the same as those of the other aircraft in the flight envelopes defined in paragraphs (1) and group. The same static source error correc- (2) of this definition. tion is incorporated in each aircraft of the (b) The basic RVSM flight envelope is the group. same as the full RVSM flight envelope ex- (c) The avionics units installed in each air- cept that the airspeed flight envelope ex- craft to meet the minimum RVSM equip- tends: ment requirements of this appendix are: (1) Manufactured to the same manufac- (1) From the airspeed of the slats/flaps-up turer specification and have the same part maximum endurance (holding) airspeed, or number; or the maneuver airspeed, whichever is lower; (2) Of a different manufacturer or part (2) To the upper Mach/airspeed boundary number, if the applicant demonstrates that defined for the full RVSM flight envelope, or the equipment provides equivalent system a specified lower value not less than the performance. long-range cruise Mach number plus .04 RVSM Nongroup Aircraft. An aircraft that Mach, unless further limited by available is approved for RVSM operations as an indi- cruise thrust, buffet, or other flight limita- vidual aircraft. tions.

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Section 2. Aircraft Approval ard deviations reaches its largest absolute value, the absolute value may not exceed 200 (a) An operator may be authorized to con- feet. duct RVSM operations if the Administrator (3) At the point in the full RVSM flight en- finds that its aircraft comply with this sec- velope where mean ASE reaches its largest tion. absolute value, the absolute value may not (b) The applicant for authorization shall exceed 120 feet. submit the appropriate data package for air- (4) At the point in the full RVSM flight en- craft approval. The package must consist of velope where mean ASE plus three standard at least the following: deviations reaches its largest absolute value, (1) An identification of the RVSM aircraft the absolute value may not exceed 245 feet. group or the nongroup aircraft; (5) Necessary operating restrictions. If the ap- (2) A definition of the RVSM flight enve- plicant demonstrates that its aircraft other- lopes applicable to the subject aircraft; wise comply with the ASE containment re- (3) Documentation that establishes compli- quirements, the Administrator may estab- ance with the applicable RVSM aircraft re- lish an operating restriction on that appli- quirements of this section; and cant’s aircraft to restrict the aircraft from (4) The conformity tests used to ensure operating in areas of the basic RVSM flight that aircraft approved with the data package envelope where the absolute value of mean meet the RVSM aircraft requirements. ASE exceeds 80 feet, and/or the absolute (c) Altitude-keeping equipment: All aircraft. value of mean ASE plus three standard devi- To approve an aircraft group or a nongroup ations exceeds 200 feet; or from operating in aircraft, the Administrator must find that areas of the full RVSM flight envelope where the aircraft meets the following require- the absolute value of the mean ASE exceeds ments: 120 feet and/or the absolute value of the (1) The aircraft must be equipped with two mean ASE plus three standard deviations ex- operational independent altitude measure- ceeds 245 feet. ment systems. (e) Altimetry system error containment: Group (2) The aircraft must be equipped with at aircraft for which application for type certifi- least one automatic altitude control system cation is made after April 9, 1997. To approve that controls the aircraft altitude— group aircraft for which application for type (i) Within a tolerance band of ±65 feet certification is made after April 9, 1997, the about an acquired altitude when the aircraft Administrator must find that the altimetry is operated in straight and level flight under system error (ASE) is contained as follows: nonturbulent, nongust conditions; or (1) At the point in the full RVSM flight en- (ii) Within a tolerance band of ±130 feet velope where mean ASE reaches its largest under nonturbulent, nongust conditions for absolute value, the absolute value may not aircraft for which application for type cer- exceed 80 feet. tification occurred on or before April 9, 1997 (2) At the point in the full RVSM flight en- that are equipped with an automatic altitude velope where mean ASE plus three standard control system with flight management/per- deviations reaches its largest absolute value, formance system inputs. the absolute value may not exceed 200 feet. (3) The aircraft must be equipped with an (f) Altimetry system error containment: altitude alert system that signals an alert Nongroup aircraft. To approve a nongroup air- when the altitude displayed to the flight craft, the Administrator must find that the crew deviates from the selected altitude by altimetry system error (ASE) is contained as more than: follows: (i) ±300 feet for aircraft for which applica- (1) For each condition in the basic RVSM tion for type certification was made on or flight envelope, the largest combined abso- before April 9, 1997; or lute value for residual static source error (ii) ±200 feet for aircraft for which applica- plus the avionics error may not exceed 160 tion for type certification is made after feet. April 9, 1997. (2) For each condition in the full RVSM (d) Altimetry system error containment: Group flight envelope, the largest combined abso- aircraft for which application for type certifi- lute value for residual static source error cation was made on or before April 9, 1997. To plus the avionics error may not exceed 200 approve group aircraft for which application feet. for type certification was made on or before (g) Traffic Alert and Collision Avoidance April 9, 1997, the Administrator must find System (TCAS) Compatibility With RVSM that the altimetry system error (ASE) is Operations: All aircraft. After March 31, 2002, contained as follows: unless otherwise authorized by the Adminis- (1) At the point in the basic RVSM flight trator, if you operate an aircraft that is envelope where mean ASE reaches its largest equipped with TCAS II in RVSM airspace, it absolute value, the absolute value may not must be a TCAS II that meets TSO C–119b exceed 80 feet. (Version 7.0), or a later version. (2) At the point in the basic RVSM flight (h) If the Administrator finds that the ap- envelope where mean ASE plus three stand- plicant’s aircraft comply with this section,

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the Administrator notifies the applicant in through the appropriate flight planning in- writing. formation sources. (b) No person may show, on the flight plan Section 3. Operator Authorization filed with air traffic control, an operator or (a) Authority for an operator to conduct aircraft as approved for RVSM operations, or operate on a route or in an area where RVSM flight in airspace where RVSM is applied is approval is required, unless: issued in operations specifications, a Letter (1) The operator is authorized by the Ad- of Authorization, or management specifica- ministrator to perform such operations; and tions issued under subpart K of this part, as (2) The aircraft has been approved and appropriate. To issue an RVSM authoriza- complies with the requirements of Section 2 tion, the Administrator must find that the of this appendix. operator’s aircraft have been approved in ac- cordance with Section 2 of this appendix and Section 5. Deviation Authority Approval the operator complies with this section. (b) An applicant for authorization to oper- The Administrator may authorize an air- ate within RVSM airspace shall apply in a craft operator to deviate from the require- form and manner prescribed by the Adminis- ments of § 91.180 or § 91.706 for a specific flight in RVSM airspace if that operator has not trator. The application must include the fol- been approved in accordance with section 3 lowing: of this appendix if: (1) An approved RVSM maintenance pro- (a) The operator submits a request in a gram outlining procedures to maintain time and manner acceptable to the Adminis- RVSM aircraft in accordance with the re- trator; and quirements of this appendix. Each program (b) At the time of filing the flight plan for must contain the following: that flight, ATC determines that the aircraft (i) Periodic inspections, functional flight may be provided appropriate separation and tests, and maintenance and inspection proce- that the flight will not interfere with, or im- dures, with acceptable maintenance prac- pose a burden on, the operations of operators tices, for ensuring continued compliance who have been approved for RVSM oper- with the RVSM aircraft requirements. ations in accordance with Section 3 of this (ii) A quality assurance program for ensur- appendix. ing continuing accuracy and reliability of test equipment used for testing aircraft to Section 6. Reporting Altitude-Keeping Errors determine compliance with the RVSM air- Each operator shall report to the Adminis- craft requirements. trator each event in which the operator’s (iii) Procedures for returning noncompli- aircraft has exhibited the following altitude- ant aircraft to service. keeping performance: (2) For an applicant who operates under (a) Total vertical error of 300 feet or more; part 121 or 135 of this chapter or under sub- (b) Altimetry system error of 245 feet or part K of this part, initial and recurring more; or pilot training requirements. (c) Assigned altitude deviation of 300 feet (3) Policies and procedures: An applicant or more. who operates under part 121 or 135 of this chapter or under subpart K of this part must Section 7. Removal or Amendment of Authority submit RVSM policies and procedures that The Administrator may amend operations will enable it to conduct RVSM operations specifications or management specifications safely. issued under subpart K of this part to revoke (c) Validation and Demonstration. In a or restrict an RVSM authorization, or may manner prescribed by the Administrator, the revoke or restrict an RVSM letter of author- operator must provide evidence that: ization, if the Administrator determines that (1) It is capable to operate and maintain the operator is not complying, or is unable each aircraft or aircraft group for which it to comply, with this appendix or subpart H applies for approval to operate in RVSM air- of this part. Examples of reasons for amend- space; and ment, revocation, ore restriction include, (2) Each pilot has an adequate knowledge but are not limited to, an operator’s: of RVSM requirements, policies, and proce- (a) Committing one or more altitude-keep- dures. ing errors in RVSM airspace; (b) Failing to make an effective and timely Section 4. RVSM Operations response to identify and correct an altitude- (a) Each person requesting a clearance to keeping error; or operate within RVSM airspace shall cor- (c) Failing to report an altitude-keeping rectly annotate the flight plan filed with air error. traffic control with the status of the oper- Section 8. Airspace Designation ator and aircraft with regard to RVSM ap- proval. Each operator shall verify RVSM ap- (a) RVSM in the North Atlantic. (1) RVSM plicability for the flight planned route may be applied in the NAT in the following

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ICAO Flight Information Regions (FIRs): PART 93—SPECIAL AIR TRAFFIC New York Oceanic, Gander Oceanic, Sondrestrom FIR, Reykjavik Oceanic, RULES Shanwick Oceanic, and Santa Maria Oceanic. (2) RVSM may be effective in the Minimum SPECIAL FEDERAL AVIATION REGULATION NO. Navigation Performance Specification 60 [NOTE] (MNPS) airspace within the NAT. The MNPS airspace within the NAT is defined by the Subpart A—General volume of airspace between FL 285 and FL Sec. 420 (inclusive) extending between latitude 27 93.1 Applicability. degrees north and the North Pole, bounded in the east by the eastern boundaries of con- Subpart B—Congestion and Delay Reduc- trol areas Santa Maria Oceanic, Shanwick Oceanic, and Reykjavik Oceanic and in the tion at Chicago O’Hare International west by the western boundaries of control Airport areas Reykjavik Oceanic, Gander Oceanic, 93.21 Applicability. and New York Oceanic, excluding the areas 93.22 Definitions. west of 60 degrees west and south of 38 de- 93.23 Arrival Authorizations. grees 30 minutes north. 93.24 [Reserved] (b) RVSM in the Pacific. (1) RVSM may be 93.25 Initial assignment of Arrival Author- applied in the Pacific in the following ICAO izations to U.S. and Canadian air carriers Flight Information Regions (FIRs): Anchor- for domestic and U.S./Canada trans- age Arctic, Anchorage Continental, Anchor- border service. age Oceanic, Auckland Oceanic, Brisbane, 93.26 Reversion and withdrawal of Arrival Edmonton, Honiara, Los Angeles, Melbourne, Authorizations. Nadi, Naha, Nauru, New Zealand, Oakland, 93.27 Sale and lease of Arrival Authoriza- Oakland Oceanic, Port Moresby, Seattle, Ta- tions. hiti, Tokyo, Ujung Pandang and Vancouver. 93.28 One-for-one trade of Arrival Author- (c) RVSM in the West Atlantic Route System izations. (WATRS). RVSM may be applied in the New 93.29 International Arrival Authorizations. York FIR portion of the West Atlantic Route 93.30 Assignment provisions for domestic System (WATRS). The area is defined as be- and U.S./Canada transborder service. ginning at a point 38°30′ N/60°00′W direct to 93.31 Minimum usage requirement. 38°30′N/69°15′ W direct to 38°20′ N/69°57′ W di- 93.32 Administrative provisions. rect to 37°31′ N/71°41′ W direct to 37°13′ N/72°40′ 93.33 [Reserved] W direct to 35°05′ N/72°40′ W direct to 34°54′ N/ 72°57′ W direct to 34°29′ N/73°34′ W direct to Subpart C [Reserved] 34°33′ N/73°41′ W direct to 34°19′ N/74°02′ W di- rect to 34°14′ N/73°57′ W direct to 32°12′ N/76°49′ Subpart D—Anchorage, Alaska, Terminal W direct to 32°20′ N/77°00′ W direct to 28°08′ N/ Area ° ′ ° ′ ° ′ 77 00 W direct to 27 50 N/76 32 W direct to 93.51 Applicability. ° ′ ° ′ ° ′ ° ′ 27 50 N/74 50 W direct to 25 00 N/73 21 W di- 93.53 Description of area. ° ′ ′ ° ′ ′ ° ′ rect to 25 00 05 N/69 13 06 W direct to 25 00 N/ 93.55 Subdivision of Terminal Area. ° ′ ° ′ ° ′ 69 07 W direct to 23 30 N/68 40 W direct to 93.57 General rules: All segments. ° ′ ° ′ 23 30 N/60 00 W to the point of beginning. 93.59 General rules: International segment. (d) RVSM in the United States. RVSM may 93.61 General rules: Lake Hood segment. be applied in the airspace of the 48 contig- 93.63 General rules: Merrill segment. uous states, District of Columbia, and Alas- 93.65 General rules: Elmendorf segment. ka, including that airspace overlying the wa- 93.67 General rules: Bryant segment. ters within 12 nautical miles of the coast. 93.68 General rules: Seward Highway seg- (e) RVSM in the gulf of Mexico. RVSM may ment. be applied in the Gulf of Mexico in the fol- 93.69 Special requirements, Lake Campbell lowing areas: Gulf of Mexico High Offshore and Sixmile Lake Airports. Airspace, Houston Oceanic ICAO FIR and Miami Oceanic ICAO FIR. Subpart E—Flight Restrictions in the Vicinity (f) RVSM in Atlantic High Offshore Airspace of Niagara Falls, New York and the San Juan FIR. RVSM may be applied in Atlantic High Offshore Airspace and in 93.71 General operating procedures. the San Juan ICAO FIR. Subpart F—Valparaiso, Florida, Terminal [Doc. No. 28870, 62 FR 17487, Apr. 9, 1997, as Area amended by Amdt. 91–261, 65 FR 5942, Feb. 7, 2000; Amdt. 91–271, 66 FR 63895, Dec. 10, 2001; 93.80 Applicability. Amdt. 91–274, 68 FR 54584, Sept. 17, 2003; 93.81 Applicability and description of area. Amdt. 91–276, 68 FR 70133, Dec. 17, 2003] 93.83 Aircraft operations.

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