SUBCHAPTER F—AIR TRAFFIC AND GENERAL OPERATING RULES

PART 91—GENERAL OPERATING 91.27–91.99 [Reserved] AND FLIGHT RULES Subpart B—Flight Rules

SPECIAL FEDERAL AVIATION REGULATION NO. GENERAL 50–2 91.101 Applicability. SPECIAL FEDERAL AVIATION REGULATION NO. 91.103 Preflight action. 51–1 91.105 Flight crewmembers at stations. SPECIAL FEDERAL AVIATION REGULATION NO. 60 91.107 Use of safety belts, shoulder har- SPECIAL FEDERAL AVIATION REGULATION NO. nesses, and child restraint systems. 61–2 91.109 Flight instruction; Simulated instru- SPECIAL FEDERAL AVIATION REGULATION NO. ment flight and certain flight tests. 62 91.111 Operating near other aircraft. SPECIAL FEDERAL AVIATION REGULATION NO. 91.113 Right-of-way rules: Except water op- 64 erations. SPECIAL FEDERAL AVIATION REGULATION NO. 91.115 Right-of-way rules: Water operations. 65–1 91.117 Aircraft speed. SPECIAL FEDERAL AVIATION REGULATION NO. 91.119 Minimum safe altitudes: General. 66–2 91.121 Altimeter settings. SPECIAL FEDERAL AVIATION REGULATION NO. 91.123 Compliance with ATC clearances and 67 instructions. SPECIAL FEDERAL AVIATION REGULATION NO. 91.125 ATC light signals. 71 91.126 Operating on or in the vicinity of an SPECIAL FEDERAL AVIATION REGULATION NO. 77 in Class G airspace. SPECIAL FEDERAL AVIATION REGULATION NO. 91.127 Operating on or in the vicinity of an 78 airport in Class E airspace. SPECIAL FEDERAL AVIATION REGULATION NO. 91.129 Operations in Class D airspace. 79 91.130 Operations in Class C airspace. SPECIAL FEDERAL AVIATION REGULATION NO. 91.131 Operations in Class B airspace. 87 91.133 Restricted and prohibited areas. SPECIAL FEDERAL AVIATION REGULATION NO. 91.135 Operations in Class A airspace. 90 91.137 Temporary flight restrictionsin the SPECIAL FEDERAL AVIATION REGULATION NO. vicinity of disaster/hazard areas. 91 91.138 Temporary flight restrictions in na- tional disaster areas in the State of Ha- Subpart A—General waii. Sec. 91.139 Emergency air traffic rules. 91.1 Applicability. 91.141 Flight restrictions in the proximity 91.3 Responsibility and authority of the of the Presidential and other parties. pilot in command. 91.143 Flight limitation in the proximity of 91.5 Pilot in command of aircraft requiring space flight operations. more than one required pilot. 91.144 Temporary restriction on flight oper- 91.7 Civil aircraft airworthiness. ations during abnormally high baro- 91.9 Civil aircraft flight manual, marking, metric pressure conditions. and placard requirements. 91.145 Management of aircraft operations in 91.11 Prohibition on interference with crew- the vicinity of aerial demonstrations and members. major sporting events. 91.13 Careless or reckless operation. 91.146–91.149 [Reserved] 91.15 Dropping objects. 91.17 Alcohol or drugs. VISUAL FLIGHT RULES 91.19 Carriage of narcotic drugs, marihuana, and depressant or stimulant drugs or 91.151 Fuel requirements for flight in VFR substances. conditions. 91.21 Portable electronic devices. 91.153 VFR flight plan: Information re- 91.23 Truth-in-leasing clause requirement in quired. leases and conditional sales contracts. 91.155 Basic VFR weather minimums. 91.25 Aviation Safety Reporting Program: 91.157 Special VFR weather minimums. Prohibition against use of reports for en- 91.159 VFR cruising altitude or flight level. forcement purposes. 91.161–91.165 [Reserved]

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INSTRUMENT FLIGHT RULES 91.321 Carriage of candidates in Federal 91.167 Fuel requirements for flight in IFR elections. conditions. 91.323 Increased maximum certificated 91.169 IFR flight plan: Information required. weights for certain airplanes operated in 91.171 VOR equipment check for IFR oper- Alaska. ations. 91.325 Primary category aircraft: Operating 91.173 ATC clearance and flight plan re- limitations. quired. 91.326–91.399 [Reserved] 91.175 Takeoff and landing under IFR. 91.177 Minimum altitudes for IFR oper- Subpart E—Maintenance, Preventive ations. Maintenance, and Alterations 91.179 IFR cruising altitude or flight level. 91.181 Course to be flown. 91.401 Applicability. 91.183 IFR radio communications. 91.403 General. 91.185 IFR operations: Two-way radio com- 91.405 Maintenance required. munications failure. 91.187 Operation under IFR in controlled 91.407 Operation after maintenance, preven- airspace: Malfunction reports. tive maintenance, rebuilding, or alter- 91.189 Category II and III operations: Gen- ation. eral operating rules. 91.409 Inspections. 91.191 Category II and Category III manual. 91.410 Special maintenance program re- 91.193 Certificate of authorization for cer- quirements. tain Category II operations. 91.411 Altimeter system and altitude report- 91.195–91.199 [Reserved] ing equipment tests and inspections. 91.413 ATC transponder tests and inspec- Subpart C—Equipment, Instrument, and tions. Certificate Requirements 91.415 Changes to aircraft inspection pro- 91.201 [Reserved] grams. 91.203 Civil aircraft: Certifications required. 91.417 Maintenance records. 91.205 Powered civil aircraft with standard 91.419 Transfer of maintenance records. category U.S. airworthiness certificates: 91.421 Rebuilt engine maintenance records. Instrument and equipment requirements. 91.423–91.499 [Reserved] 91.207 Emergency locator transmitters. 91.209 Aircraft lights. Subpart F—Large and Turbine-Powered 91.211 Supplemental oxygen. Multiengine Airplanes 91.213 Inoperative instruments and equip- ment. 91.501 Applicability. 91.215 ATC transponder and altitude report- 91.503 Flying equipment and operating in- ing equipment and use. formation. 91.217 Data correspondence between auto- matically reported pressure altitude data 91.505 Familiarity with operating limita- and the pilot’s altitude reference. tions and emergency equipment. 91.219 Altitude alerting system or device: 91.507 Equipment requirements: Over-the- Turbojet-powered civil airplanes. top or night VFR operations. 91.221 Traffic alert and collision avoidance 91.509 Survival equipment for overwater op- system equipment and use. erations. 91.223 Terrain awareness and warning sys- 91.511 Radio equipment for overwater oper- tem. ations. 91.224–91.299 [Reserved] 91.513 Emergency equipment. 91.515 Flight altitude rules. Subpart D—Special Flight Operations 91.517 Passenger information. 91.301 [Reserved] 91.519 Passenger briefing. 91.303 Aerobatic flight. 91.521 Shoulder harness. 91.305 Flight test areas. 91.523 Carry-on baggage. 91.307 Parachutes and parachuting. 91.525 Carriage of cargo. 91.309 Towing: Gliders. 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. 91.315 Limited category civil aircraft: Oper- 91.533 Flight attendant requirements. ating limitations. 91.535 Stowage of food, beverage, and pas- 91.317 Provisionally certificated civil air- senger service equipment during aircraft craft: Operating limitations. movement on the surface, takeoff, and 91.319 Aircraft having experimental certifi- landing. cates: Operating limitations. 91.537–91.599 [Reserved]

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Subpart G—Additional Equipment and Op- 91.821 Civil supersonic airplanes: Noise lim- erating Requirements for Large and its. Transport Category Aircraft 91.823–91.849 [Reserved] 91.851 Definitions. 91.601 Applicability. 91.853 Final compliance: Civil subsonic air- 91.603 Aural speed warning device. planes. 91.605 Transport category civil airplane 91.855 Entry and nonaddition rule. weight limitations. 91.857 Stage 2 operations outside of the 48 91.607 Emergency exits for airplanes car- contiguous United States, and authoriza- rying passengers for hire. tion for maintenance. 91.609 Flight recorders and cockpit voice re- 91.859 Modification to meet Stage 3 noise corders. levels. 91.611 Authorization for ferry flight with 91.861 Base level. one engine inoperative. 91.613 Materials for compartment interiors. 91.863 Transfers of Stage 2 airplanes with 91.615–91.699 [Reserved] base level. 91.865 Phased compliance for operators with Subpart H—Foreign Aircraft Operations base level. and Operations of U.S.-Registered Civil 91.867 Phased compliance for new entrants. Aircraft Outside of the United States; 91.869 Carry-forward compliance. and Rules Governing Persons on Board 91.871 Waivers from interim compliance re- quirements. Such Aircraft 91.873 Waivers from final compliance. 91.701 Applicability. 91.875 Annual progress reports. 91.702 Persons on board. 91.877 Annual reporting of Hawaiian oper- 91.703 Operations of civil aircraft of U.S. ations. registry outside of the United States. 91.879–91.899 [Reserved] 91.705 Operations within airspace des- ignated as Minimum Navigation Per- Subpart J—Waivers formance Specification Airspace. 91.706 Operations within airspace designed 91.901 [Reserved] as Reduced Vertical Separation Min- 91.903 Policy and procedures. imum Airspace. 91.905 List of rules subject to waivers. 91.707 Flights between Mexico or Canada 91.907–91.999 [Reserved] and the United States. 91.709 Operations to Cuba. APPENDICES TO PART 91 91.711 Special rules for foreign civil air- craft. APPENDIX A TO PART 91—CATEGORY II OPER- 91.713 Operation of civil aircraft of Cuban ATIONS: MANUAL, INSTRUMENTS, EQUIP- registry. MENT, AND MAINTENANCE 91.715 Special flight authorizations for for- APPENDIX B TO PART 91—AUTHORIZATIONS TO eign civil aircraft. EXCEED MACH 1 (§ 91.817) 91.717–91.799 [Reserved] APPENDIX C TO PART 91—OPERATIONS IN THE NORTH ATLANTIC (NAT) MINIMUM NAVIGA- Subpart I—Operating Noise Limits TION PERFORMANCE SPECIFICATIONS (MNPS) AIRSPACE 91.801 Applicability: Relation to part 36. APPENDIX D TO PART 91—/LOCA- 91.803 Part 125 operators: Designation of ap- TIONS: SPECIAL OPERATING RESTRICTIONS plicable regulations. APPENDIX E TO PART 91—AIRPLANE FLIGHT 91.805 Final compliance: Subsonic airplanes. RECORDER SPECIFICATIONS 91.807 Phased compliance under parts 121, APPENDIX F TO PART 91—HELICOPTER FLIGHT 125, and 135: Subsonic airplanes. RECORDER SPECIFICATIONS 91.809 Replacement airplanes. APPENDIX G TO PART 91—OPERATIONS IN RE- 91.811 Service to small communities exemp- DUCED VERTICAL SEPARATION MINIMUM tion: Two-engine, subsonic airplanes. (RVSM) AIRSPACE 91.813 Compliance plans and status: U.S. op- erations of subsonic airplanes. AUTHORITY: 49 U.S.C. 106(g), 1155, 40103, 91.815 Agricultural and fire fighting air- 40113, 40120, 44101, 44111, 44701, 44709, 44711, planes: Noise operating limitations. 44712, 44715, 44716, 44717, 44722, 46306, 46315, 91.817 Civil aircraft sonic boom. 46316, 46504, 46506–46507, 47122, 47508, 47528– 91.819 Civil supersonic airplanes that do not 47531, articles 12 and 29 of the Convention on comply with part 36. International Civil Aviation (61 stat. 1180).

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

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(a) Desert View Flight-Free Zone. Within thorized by the Flight Standards District Of- an area bounded by a line beginning at Lat. fice for a purpose listed in Section 3(b), no 35°59′30″ N., Long. 111°46′20″ W. to 35°59′30″ N., person may operate an aircraft in the Spe- Long. 111°52′45″ W.; to Lat. 36°04′50″ N., Long. cial Flight Rules Area at an altitude lower 111°52′00″ W.; to Lat. 36°06′00″ N., Long. than the following: 111°46′20″ W.; to the point of origin; but not (a) Eastern section from Lees Ferry to including the airspace at and above 10,500 North Canyon: 5,000 feet MSL. feet MSL within 1 mile of the western bound- (b) Eastern section from North Canyon to ary of the zone. The area between the Desert Boundary Ridge: 6,000 feet MSL. View and Bright Angel Flight-Free Zones is (c) Boundary Ridge to Supai (Yumtheska) designated the ‘‘Zuni Point Corridor.’’ Point: 7,500 feet MSL. (b) Bright Angel Flight-Free Zone. Within (d) Supai Point to Diamond Creek: 6,500 an area bounded by a line beginning at Lat. feet MSL. 35°59′30″ N., Long. 111°55′30″ W.; to Lat. (e) Western section from Diamond Creek to 35°59′30″ N., Long. 112°04′00″ W.; thence coun- the Grand Wash Cliffs: 5,000 feet MSL. terclockwise via the 5 statute mile radius of Section 9. Termination date. Section 1. Ap- the Grand Canyon Airport point (Lat. plicability, Section 4, Flight-free zones, and 35°57′09″ N., Long. 112°08′47″ W.) to Lat. Section 5. Minimum flight altitudes, expire 36°01′30″ N., Long. 112°11′00″ W.; to Lat. on April 19, 2001. 36°06′15″ N., Long. 112°12′50″ W.; to Lat. NOTE: An informational map of the special 36°14′40″ N., Long. 112°08′50″ W.; to Lat. flight rules areas defined by SFAR 50–2 is 36°14′40″ N., Long. 111°57′30″ W.; to Lat. available on the Office of Rulemaking’s 36°12′30″ N., Long. 111°53′50″ W.; to the point website at http://www.faa.gov/avr/ of origin; but not including the airspace at armhome.htm. A paper copy is available from and above 10,500 feet MSL within 1 mile of the Office of Rulemaking by calling Linda the eastern boundary between the southern Williams at (202) 267–9685. boundary and Lat. 36°04′50″ N. or the airspace at and above 10,500 feet MSL within 2 miles [66 FR 1003, Jan. 4, 2001, as amended at 66 FR of the northwest boundary. The area bounded 16584, Mar. 26, 2001] by the Bright Angel and Shinumo Flight- Free Zones is designated the ‘‘Dragon Cor- SPECIAL FEDERAL AVIATION REGULATION ridor.’’ NO. 51–1—SPECIAL FLIGHT RULES IN (c) Shinumo Flight-Free Zone. Within an THE VICINITY OF LOS ANGELES area bounded by a line beginning at Lat. INTERNATIONAL AIRPORT 36°04′00″ N., Long. 112°16′40″ W.; northwest along the park boundary to a point at Lat. Section 1. Applicability: This rule estab- 36°12′47″ N., Long. 112°30′53″ W.; to Lat. lishes a special operating area for persons 36°21′15″ N., Long. 112°20′20″ W.; east along the operating aircraft under visual flight rules park boundary to Lat. 36°21′15″ N., Long. (VFR) in the following airspace of the Los 112°13′55″ W.; to Lat. 36°14′40″ N., Long. Angeles Class B airspace area designated as 112°11′25″ W.; to the point of origin. The area the Los Angeles Special Flight Rules between the Thunder River/Toroweap and Area:*** Shinumo Flight Free Zones is designated the That part of Area A of the Los Angeles ‘‘Fossil Canyon Corridor.’’ TCA between 3,500 feet above mean sea level (d) Toroweap/Thunder River Flight-Free (MSL) and 4,500 feet MSL, inclusive, bounded Zone. Within an area bounded by a line be- on the north by Ballona Creek, on the east ginning at Lat. 36°22′45″ N., Long. 112°20′35″ by the San Diego Freeway, on the south by W.; thence northwest along the boundary of Imperial Highway, and on the west by the the Grand Canyon National Park to Lat. Pacific Ocean shoreline. 36°17′48″ N., Long. 113°03′15″ W.; to Lat. Section 2. Aircraft operations, general. Un- 36°15′00″ N., Long. 113°07′10″ W.; to Lat. less otherwise authorized by the Adminis- 36°10′30″ N., Long. 113°07′10″ W.; thence east trator, no person may operate an aircraft in along the Colorado River to the confluence the airspace described in Section 1 unless the of Havasu Canyon (Lat. 36°18′40″ N., Long. operation is conducted under the following 112°45′45″ W.;) including that area within a 1.5 rules. nautical mile radius of Toroweap Overlook a. The flight must be conducted under VFR (Lat. 36°12′45″ N., Long. 113°03′30″ W.); to the and only when operation may be conducted point of origin; but not including the fol- in compliance with § 91.155(a). lowing airspace designated as the ‘‘Tuckup b. The aircraft must be equipped as speci- Corridor’’: at or above 10,500 feet MSL within fied in FAR 91.215(b) replying on Code 1201 2 nautical miles either side of a line extend- prior to entering and while operating in this ing between Lat. 36°24′47″ N., Long. 112°48′50″ area. W. and Lat. 36°17′10″ N., Long. 112°48′50″ W.; to c. The pilot shall have a current Los Ange- the point of origin. les Terminal Area Chart in the aircraft. Section 5. Minimum flight altitudes. Except d. The pilot shall operate on the Santa in an emergency or if otherwise necessary Monica very high frequency omni-directional for safety of flight, or unless otherwise au- radio range (VOR) 132° radial.

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e. Operations in a southeasterly direction b. Give priority at any airport to flights shall be in level flight at 3,500 feet MSL. that are of military necessity, or are medical f. Operations in a northwesterly direction emergency flights, Presidential flights, and shall be in level flight at 4,500 feet MSL. flights transporting critical Government em- g. Indicated airspeed shall not exceed 140 ployees. knots. c. Implement, at any airport, traffic man- h. Anticollision lights and aircraft posi- agement procedures, that may include reduc- tion/navigation lights shall be on. Use of tion of flight operations. Reduction of flight landing lights is recommended. operations will be accomplished, to the ex- i. Turbojet aircraft are prohibited from tent practical, on a pro rata basis among and VFR operations in this area between air carrier, commercial operator, Section 3. Notwithstanding the provisions and operations. Flights can- of § 91.131(a), an air traffic control authoriza- celled under this SFAR at a high density tion is not required in the Los Angeles Spe- traffic airport will be considered to have cial Flight Rules Area for operations in com- been operated for purposes of part 93 of the pliance with section 2 of this SFAR. All Federal Aviation Regulations. other provisions of § 91.131 apply to operate 4. The Director may activate the National in the Special Flight Rules Area. Air Traffic Reduced Complement Operations AUTHORITY: 49 U.S.C. app. 1303, 1348, 1354(a), Plan at any time he finds that it is necessary 1421, and 1422; 49 U.S.C. 106(g). for the safety and efficiency of the National Airspace System. Upon activation of the [Doc. No. 87–AWA–31, SFAR 51–1, 53 FR 3812, RCOP and notwithstanding any provision of Feb. 9, 1988, as amended by Amdt. 91–227, 56 the FAR to the contrary, the Director is au- FR 65652, Dec. 17, 1991] thorized to suspend or modify any airspace designation. SPECIAL FEDERAL AVIATION REGULATION 5. Notice of restrictions, prohibitions, pro- NO. 60—AIR TRAFFIC CONTROL SYS- cedures and other actions taken by the Di- TEM EMERGENCY OPERATION rector under this regulation with respect to the operation of the Air Traffic Control sys- 1. Each person shall, before conducting any tem will be announced in Notices to Airmen operation under the Federal Aviation Regu- issued pursuant to § 91.139 of the Federal lations (14 CFR chapter I), be familiar with Aviation Regulations. all available information concerning that op- eration, including Notices to Airmen issued 6. The Director may delegate his authority under § 91.139 and, when activated, the provi- under this regulation to the extent he con- sions of the National Air Traffic Reduced siders necessary for the safe and efficient op- Complement Operations Plan available for eration of the National Air Traffic Control inspection at operating air traffic facilities System. and Regional air traffic division offices, and Authority: 49 U.S.C. app. 1301(7), 1303, 1344, the General Aviation Reservation Program. 1348, 1352 through 1355, 1401, 1421 through No operator may change the designated air- 1431, 1471, 1472, 1502, 1510, 1522, and 2121 port of intended operation for any flight con- through 2125; articles 12, 29, 31, and 32(a) of tained in the October 1, 1990, OAG. the Convention on International Civil Avia- 2. Notwithstanding any provision of the tion (61 stat. 1180); 42 U.S.C. 4321 et seq.; E.O. Federal Aviation Regulations to the con- 11514, 35 FR 4247, 3 CFR, 1966–1970 Comp., p. trary, no person may operate an aircraft in 902; 49 U.S.C. 106(g). the Air Traffic Control System: a. Contrary to any restriction, prohibition, [Doc. No. 26351, 55 FR 40760, Oct. 4, 1990, as procedure or other action taken by the Di- amended by Amdt. 91–227, 56 FR 65652, Dec. rector of the Office of Air Traffic Systems 17, 1991] Management (Director) pursuant to para- graph 3 of this regulation and announced in SPECIAL FEDERAL AVIATION REGULATION a Notice to Airmen pursuant to § 91.139 of the NO. 61–2—PROHIBITION AGAINST CER- Federal Aviation Regulations. TAIN FLIGHTS BETWEEN THE UNITED b. When the National Air Traffic Reduced STATES AND IRAQ Complement Operations Plan is activated pursuant to paragraph 4 of this regulation, 1. Applicability. This Special Federal Avia- except in accordance with the pertinent pro- tion Regulation (SFAR) No. 61–2 applies to visions of the National Air Traffic Reduced all aircraft operations originating from, Complement Operations Plan. landing in, or overflying the territory of the 3. Prior to or in connection with the imple- United States. mentation of the RCOP, and as conditions 2. Special flight restrictions. Except as warrant, the Director is authorized to: provided in paragraphs 3 and 4 of this SFAR a. Restrict, prohibit, or permit VFR and/or No. 61–2— IFR operations at any airport, Class B air- (a) No person shall operate an aircraft on a space area, Class C airspace area, or other flight to any point in Iraq, or to any inter- class of controlled airspace. mediate point on a flight where the ultimate

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destination is any point in Iraq or that in- (1) In the airspace at or below the specified cludes a landing at any point in Iraq in its altitude and within a 2-nautical-mile radius, intended itinerary, from any point in the or, if directed by ATC, within a 5-nautical United States; mile radius, of an airport listed in section 2 (b) No person shall operate an aircraft on a of this SFAR; and flight to any point in the United States from (2) In the airspace at or below the specified any point in Iraq, or from any intermediate altitude along the most direct and expedi- point on a flight where the origin is in Iraq, tious routing, or on a routing directed by or from any point on a flight which includes ATC, between an airport listed in section 2 of a departure from any point in Iraq in its in- this SFAR and the outer boundary of the tended itinerary; or Mode C veil airspace overlying that airport, (c) No person shall operate an aircraft over consistent with established traffic patterns, the territory of the United States if that air- noise abatement procedures, and safety. craft’s flight itinerary includes any landing Section 2. Effective until December 30, at or departure from any point in Iraq. 1993. Airports at which the provisions of 3. Permitted operations. This SFAR shall § 91.215(b)(2) do not apply. not prohibit the flight operations between (1) Airports within a 30-nautical-mile ra- the United States and Iraq described in sec- dius of The William B. Hartsfield Atlanta tion 2 of this SFAR by an aircraft authorized International Airport. to conduct such operations by the United States Government in consultation with the Alt. Airport name Arpt ID (AGL) committee established by UN Security Coun- cil Resolution 661 (1990), and in accordance Air Acres Airport, Woodstock, GA ..... 5GA4 1,500 with UN Security Council Resolution 666 B & L Strip Airport, Hollonville, GA ... GA29 1,500 (1990). Camfield Airport, McDonough, GA .... GA36 1,500 4. Emergency situations. In an emergency Cobb County-McCollum Field Airport, RYY 1,500 that requires immediate decision and action Marietta, GA. for the safety of the flight, the pilot in com- Covington Municipal Airport, Cov- 9A1 1,500 ington, GA. mand of an aircraft may deviate from this Diamond R Ranch Airport, Villa Rica, 3GA5 1,500 SFAR to the extent required by that emer- GA. gency. Except for U.S. air carriers and com- Dresden Airport, Newnan, GA ...... GA79 1,500 mercial operators that are subject to the re- Eagles Landing Airport, Williamson, 5GA3 1,500 quirements of 14 CFR 121.557, 121.559, or GA. 135.19, each person who deviates from this Fagundes Field Airport, Haralson, 6GA1 1,500 rule shall, within ten (10) days of the devi- GA. ation, excluding Saturdays, Sundays, and Gable Branch Airport, Haralson, GA 5GA0 1,500 Georgia Lite Flite Ultralight Airport, 31GA 1,500 Federal holidays, submit to the nearest FAA Acworth, GA. Flight Standards District Office a complete Griffin-Spalding County Airport, Grif- 6A2 1,500 report of the operations or the aircraft in- fin, GA. volved in the deviation, including a descrip- Howard Private Airport, Jackson, GA GA02 1,500 tion of the deviation and the reasons there- Newnan Coweta County Airport, CCO 1,500 fore. Newnan, GA. 5. Duration. This SFAR No. 61–2 shall re- Peach State Airport, Williamson, GA 3GA7 1,500 main in effect until further notice. Poole Farm Airport, Oxford, GA ...... 2GA1 1,500 Powers Airport, Hollonville, GA ...... GA31 1,500 [Doc. No. 26380, 60 FR 49139, Sept. 21, 1995] S & S Landing Strip Airport, Griffin, 8GA6 1,500 GA. Shade Tree Airport, Hollonville, GA .. GA73 1,500 SPECIAL FEDERAL AVIATION REGULATION NO. 62—SUSPENSION OF CERTAIN (2) Airports within a 30-nautical-mile ra- AIRCRAFT OPERATIONS FROM THE dius of the General Edward Lawrence Logan TRANSPONDER WITH AUTOMATIC International Airport. PRESSURE ALTITUDE REPORTING CA- PABILITY REQUIREMENT Alt. Airport name Arpt ID (AGL) Section 1. For purposes of this SFAR: Berlin Landing Area Airport, Berlin, MA19 2,500 (a) The airspace within 30 nautical miles of MA. a Class B airspace area primary airport, from Hopedale Industrial Park Airport, 1B6 2,500 the surface upward to 10,000 feet MSL, ex- Hopedale, MA. cluding the airspace designated as a Class B Larson’s SPB, Tyngsboro, MA ...... MA74 2,500 airspace area is referred to as the Mode C Moore AAF, Ayer/Fort Devens, MA .. AYE 2,500 veil. New England Gliderport, Salem, NH NH29 2,500 (b) Effective until December 30, 1993, the Plum Island Airport, Newburyport, 2B2 2,500 MA. transponder with automatic altitude report- Plymouth Municipal Airport, Plym- PYM 2,500 ing capability requirements of FAR outh, MA. § 91.215(b)(2) do not apply to the operation of Taunton Municipal Airport, Taunton, TAN 2,500 an aircraft: MA.

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Alt. Alt. Airport name Arpt ID (AGL) Airport name Arpt ID (AGL)

Unknown Field Airport, 1MA5 2,500 Bucks Airport, Newbury, OH ...... 40OH 1,300 Southborough, MA. Derecsky Airport, Auburn Center, OH 6OI0 1,300 Hannum Airport, Streetsboro, OH ..... 69OH 1,300 (3) Airports within a 30-nautical-mile ra- Kent State University Airport, Kent, 1G3 1,300 dius of the Charlotte/Douglas International OH. Airport. Lost Nation Airport, Willoughby, OH LNN 1,300 Mills Airport, Mantua, OH ...... OH06 1,300 Alt. Portage County Airport, Ravenna, 29G 1,300 Airport name Arpt ID (AGL) OH. Stoney’s Airport, Ravenna, OH ...... OI32 1,300 Arant Airport, Wingate, NC ...... 1NC6 2,500 Wasdworth Municipal, Airport, Wads- 3G3 1,300 Bradley Outernational Airport, China NC29 2,500 worth, OH. Grove, NC. Chester Municipal Airport, Chester, 9A6 2,500 SC. (6) Airports within a 30-nautical-mile ra- China Grove Airport, China Grove, 76A 2,500 dius of the Dallas/Fort Worth International NC. Airport. Goodnight’s Airport, Kannapolis, NC 2NC8 2,500 Knapp Airport, Marshville, NC ...... 3NC4 2,500 Airport name Arpt ID Alt. Lake Norman Airport, Mooresville, 14A 2,500 (AGL) NC. Lancaster County Airport, Lancaster, LKR 2,500 Beggs Ranch/Aledo Airport, Aledo, TX15 1,800 SC. TX. Little Mountain Airport, Denver, NC .. 66A 2,500 Belcher Airport, Sanger, TX ...... TA25 1,800 Long Island Airport, Long Island, NC NC26 2,500 Bird Dog Field Airport, Krum, TX ...... TA48 1,800 Miller Airport, Mooresville, NC ...... 8A2 2,500 Boe-Wrinkle Airport, Azle, TX ...... 28TS 1,800 U S Heliport, Wingate, NC ...... NC56 2,500 Flying V Airport, Sanger, TX ...... 71XS 1,800 Unity Aerodrome Airport, Lancaster, SC76 2,500 Graham Ranch Airport, Celina, TX ... TX44 1,800 SC. Haire Airport, Bolivar, TX ...... TX33 1,800 Wilhelm Airport, Kannapolis, NC ...... 6NC2 2,500 Hartlee Field Airport, Denton, TX ...... 1F3 1,800 Hawkin’s Ranch Strip Airport, TA02 1,800 (4) Airports within a 30-nautical-mile ra- Rhome, TX. dius of the Chicago-O’Hara International Horseshoe Lake Airport, Sanger, TX TE24 1,800 Airport. Ironhead Airport, Sanger, TX ...... T58 1,800 Kezer Air Ranch Airport, Springtown, 61F 1,800 Airport name Arpt ID Alt. TX. (AGL) Lane Field Airport, Sanger, TX ...... 58F 1,800 Log Cabin Airport, Aledo, TX ...... TX16 1,800 Aurora Municipal Airport, Chicago/ ARR 1,200 Lone Star Airpark Airport, Denton, T32 1,800 Aurora, IL. TX. Donald Alfred Gade Airport, Antioch, IL11 1,200 Rhome Meadows Airport, Rhome, TS72 1,800 IL. Dr. Joseph W. Esser Airport, Hamp- 7IL6 1,200 TX. shire, IL. Richards Airport, Krum, TX ...... TA47 1,800 Flying M. Farm Airport, Aurora, IL .... IL20 1,200 Tallows Field Airport, Celina, TX ...... 79TS 1,800 Fox Lake SPB, Fox Lake, IL ...... IS03 1,200 Triple S Airport, Aledo, TX ...... 42XS 1,800 Graham SPB, Crystal Lake, IL ...... IS79 1,200 Warshun Ranch Airport, Denton, TX 4TA1 1,800 Herbert C. Mass Airport, Zion, IL ...... IL02 1,200 Windy Hill Airport, Denton, TX ...... 46XS 1,800 Landings Condominium Airport, C49 1,200 Aero Country Airport, McKinney, TX TX05 1,400 Romeoville, IL. Bailey Airport, Midlothian, TX ...... 7TX8 1,400 Lewis University Airport, Romeoville, LOT 1,200 Bransom Farm Airport, Burleson, TX TX42 1,400 IL. Carroll Air Park Airport, De Soto, TX F66 1,400 McHenry Farms Airport, McHenry, IL 44IL 1,200 Carroll Lake-View Airport, Venus, TX 70TS 1,400 Olson Airport, Plato Center, IL ...... LL53 1,200 Eagle’s Nest Estates Airport, Ovilla, 2T36 1,400 Redeker Airport, Milford, IL ...... IL85 1,200 TX. Reid RLA Airport, Gilberts, IL ...... 6IL6 1,200 Flying B Ranch Airport, Ovilla, TX .... TS71 1,400 Shamrock Beef Cattle Farm Airport, 49LL 1,200 Lancaster Airport, Lancaster, TX ...... LNC 1,400 McHenry, IL. Lewis Farm Airport, Lucas, TX ...... 6TX1 1,400 Sky Soaring Airport, Union, IL ...... 55LL 1,200 Waukegan Regional Airport, Wau- UGN 1,200 Markum Ranch Airport, Fort Worth, TX79 1,400 kegan, IL. TX. Wormley Airport, Oswego, IL ...... 85LL 1,200 McKinney Municipal Airport, McKin- TKI 1,400 ney, TX. (5) Airports within a 30-nautical-mile ra- O’Brien Airpark Airport, Waxahachie, F25 1,400 TX. dius of the Cleveland-Hopkins International Phil L. Hudson Municipal Airport, HQZ 1,400 Airport. Mesquite, TX. Plover Heliport, Crowley, TX ...... 82Q 1,400 Alt. Venus Airport, Venus, TX ...... 75TS 1,400 Airport name Arpt ID (AGL)

Akron Fulton, International Airport, AKR 1,300 (7) Airports within a 30-nautical-mile ra- Akron, OH. dius of the Denver International Airport.

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Alt. Alt. Airport name Arpt ID (AGL) Airport name Arpt. ID (AGL)

Air Dusters Inc., Airport, Roggen, CO 49CO 1,200 Ainsworth Airport, Cleveland, TX ...... OT6 1,200 Bijou Basin Airport, Byers, CO ...... CD17 1,200 Ausinia Ranch Airport, City, TX ... TS50 1,200 Boulder Municipal Airport, Boulder, 1V5 1,200 Bailes Airport, Angleton, TX ...... 7R9 1,200 CO. Biggin Hill Airport, Hockley, TX ...... TX49 1,200 Bowen Farms No. 1 Airport, Littleton, CO98 1,200 Cleveland Municipal Airport, Cleveland, 6R3 1,200 CO. TX. Bowen Farms No. 2 Airport, Stras- 3CO5 1,200 Covey Trails Airport, Fulshear, TX ...... 80XS 1,200 burg, CO. Creasy Airport, Santa Fe, TX ...... 5TA5 1,200 Carrera Airpark Airport, Mead, CO ..... 93CO 1,200 Custom Aire Service Airport, Angleton, 81D 1,200 Cartwheel Airport, Mead, CO ...... 0CO8 1,200 TX. Chaparral Airport, Byers, CO ...... CO18 1,200 Fay Ranch Airport, Cedar Lane, TX ...... OT2 1,200 Colorado Antique Field Airport, Niwot, 8CO7 1,200 Flying C Ranch Airport, Needville, TX .... XS25 1,200 CO. Freeman Property Airport, Katy, TX ...... 61T 1,200 Comanche Livestock Airport, Stras- 59CO 1,200 Garrett Ranch Airport, Danbury, TX ...... 77XS 1,200 burg, CO. Gum Island Airport, Dayton, TX ...... 3T6 1,200 Dead Stick Ranch Airport, Kiowa, CO 18CO 1,200 H & S Airfield Airport, Damon, TX ...... XS21 1,200 Frederick-Firestone Air Strip Airport, CO58 1,200 Harbican Airpark Airport, Katy, TX ...... 9XS9 1,200 Frederick, CO. Harold Freeman Farm Airport, Katy, TX 8XS1 1,200 Frontier Airstrip Airport, Mead, CO ..... 84CO 1,200 HHI Hitchcock Heliport, Hitchcock, TX ... 6TA5 1,200 Horseshoe Landings Airport, CO60 1,200 Hoffpauir Airport, Katy, TX ...... 59T 1,200 Keenesburg, CO. Horn-Katy Hawk International Airport, 57T 1,200 Hoy Airstrip Airport, Bennett, CO ...... 76CO 1,200 Katy, TX. J & S Airport, Bennett, CO ...... CD14 1,200 Johnnie Volk Field Airport, Hitchcock, 37R 1,200 Kostroski Airport, Franktown, CO ...... 43CO 1,200 TX. Kugel-Strong Airport, Platteville, CO ... 27V 1,200 King Air Airport, Katy, TX ...... 55T 1,200 Land Airport, Keenesburg, CO ...... CO82 1,200 Lemons Private Strip Airport, Boulder, CO10 1,200 Lake Bay Gall Airport, Cleveland, TX ..... OT5 1,200 CO. Lake Bonanza Airport, Montgomery, TX 33TA 1,200 Lindys Airpark Airport, Hudson, CO .... 7CO3 1,200 Lane Airpark Airport, Rosenberg, TX ..... T54 1,200 Parkland Airport, Erie, CO ...... 7CO0 1,200 Meyer Field Airport, Rosharon, TX ...... TA33 1,200 Pine View Airport, Elizabeth, CO ...... 02V 1,200 Prairie Aire Field Airport, Damon, TX ..... 4TA0 1,200 Platte Valley Airport, Hudson, CO ...... 18V 1,200 R W J Airpark Airport, Baytown, TX ...... 54TX 1,200 Rancho De Aereo Airport, Mead, CO 05CO 1,200 Westheimer Air Park Airport, Houston, 5TA4 1,200 Reid Ranches Airport, Roggen, CO .... 7CO6 1,200 TX. Singleton Ranch Airport, Byers, CO ... 68CO 1,200 Sky Haven Airport, Byers, CO ...... CO17 1,200 (11) Airports within a 30-nautical-mile ra- Spickard Farm Airport, Byers, CO ...... 5CO4 1,200 dius of the Kansas City International Air- Tri-County Airport, Erie, CO ...... 48V 1,200 port. Westberg-Rosling Farms Airport, 74CO 1,200 Roggen, CO. Alt. Yoder Airstrip Airport, Bennett, CO ..... CD09 1,200 Airport name Arpt ID (AGL)

(8) Airports within a 30-nautical-mile ra- Amelia Earhart Airport, Atchison, KS K59 1,000 dius of the Detroit Metropolitan Wayne Booze Island Airport, St. Joseph, MO 64MO 1,000 County Airport. Cedar Air Park Airport, Olathe, KS ... 51K 1,000 D’Field Airport, McLouth, KS ...... KS90 1,000 Dorei Airport, McLouth, KS ...... K69 1,000 Alt. Airport name Arpt ID (AGL) East Kansas City Airport, Grain Val- 3GV 1,000 ley, MO. Al Meyers Airport, Tecumseh, MI ...... 3TE 1,400 Excelsior Springs Memorial Airport, 3EX 1,000 Brighton Airport, Brighton, MI ...... 45G 1,400 Excelsior Springs, MO. Cackleberry Airport, Dexter, MI ...... 2MI9 1,400 Flying T Airport Oskaloosa, KS ...... 7KS0 1,000 Erie Aerodome Airport, Erie, MI ...... 05MI 1,400 Hermon Farm Airport, Gardner, KS .. KS59 1,000 Ham-A-Lot Field Airport, Petersburg, MI48 1,400 Hillside Airport, Stilwell, KS ...... 63K 1,000 MI. Independence Memorial Airport, 3IP 1,000 Merillat Airport, Tecumseh, MI ...... 34G 1,400 Independence, MO. Rossettie Airport, Manchester, MI ..... 75G 1,400 Johnson County Executive Airport, OJC 1,000 Tecumseh Products Airport, Tecum- 0D2 1,400 Olathe, KS. seh, MI. Johnson County Industrial Airport, IXD 1,000 Olathe, KS. (9) Airport within a 30-nautical-mile radius Kimray Airport, Plattsburg, MO ...... 7MO7 1,000 of the Honolulu International Airport. Lawrence Municipal Airport, Law- LWC 1,000 rence, KS. Martins Airport, Lawson, MO ...... 21MO 1,000 Alt. Mayes Homestead Airport, Polo, MO 37MO 1,000 Aiport name Arpt ID (AGL) McComas-Lee’s Summit Municipal K84 1,000 Dillingham Airfield Airport, Mokuleia, HDH 2,500 Airport, Lee’s Summit, MO. HI. Mission Road Airport, Stilwell, KS ..... 64K 1,000 Northwood Airport, Holt, MO ...... 2MO2 1,000 Plattsburg Airpark, Airport, MO28 1,000 (10) Airports within a 30-nautical-mile ra- Plattsburg, MO. dius of the Houston Intercontinental Airport Richards-Gebaur Airport, Kansas GVW 1,000 and the William P. Hobby Airport. City, MO.

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Alt. Alt. Airport name Arpt ID (AGL) Airport name Arpt ID (AGL)

Rosecrans Memorial Airport, St. STJ 1,000 Allaire Airport, Belmar/Farmingdale, BLM 2,000 Jospeh, MO. NJ. Ranch Airport, Kansas City, 2MO9 1,000 Cuddihy Landing Strip Airport, Free- NJ60 2,000 MO. hold, NJ. Sheller’s Airport, Tonganoxide, KS ... 11KS 1,000 Ekdahl Airport, Freehold, NJ ...... NJ59 2,000 Fla-Net Airport, Netcong, NJ ...... ONJ5 2,000 Shomin Airport, Oskaloosa, KS ...... 0KS1 1,000 Forrestal Airport, Princeton, NJ ...... N21 2,000 Stonehenge Airport, Williams-town, 71KS 1,000 Greenwood Lake Airport, West Mil- 4N1 2,000 KS. ford, NJ. Threshing Bee Airport, McLouth, KS 41K 1,000 Greenwood Lake SPB, West Milford, 6NJ7 2,000 NJ. (12) Airport within a 30-nautical-mile ra- Lance Airport, Whitehouse Station, 6NJ8 2,000 dius of the McCarran International Airport. NJ. Mar Bar L Farms, Englishtown, NJ ... NJ46 2,000 Peekskill SPB, Peekskill, NY ...... 7N2 2,000 Alt. Peters Airport, Somerville, NJ ...... 4NJ8 2,000 Airport name Arpt ID (AGL) Princeton Airport, Princeton/Rocky 39N 2,000 Hill, NJ. Sky Ranch Estates Airport, Sandy 3L2 2,500 Solberg-Hunterdon Airport, N51 2,000 Valley, NV. Readington, NJ.

(13) Airports within a 30-nautical-mile ra- (17) Airports within a 30-nautical-mile ra- dius of the Memphis International Airport. dius of the Orlando International Airport.

Airport name Arpt ID Alt. Alt. (AGL) Airport name Arpt ID (AGL)

Bernard Manor Airport, Earle, AR ..... M65 2,500 Arthur Dunn Air Park Airport, X21 1,400 Holly Springs-Marshall County Air- M41 2,500 Titusville, FL. port, Holly Springs, MS. Space Center Executive Airport, TIX 1,400 McNeely Airport, Earle, AR ...... M63 2,500 Titusville, FL. Price Field Airport, Joiner, AR ...... 80M 2,500 Tucker Field Airport, Hughes, AR ..... 78M 2,500 (18) Airports within a 30-nautical-mile ra- Tunica Airport, Tunica, MS ...... 30M 2,500 dius of the Philadelphia International Air- Tunica Municipal Airport, Tunica, MS M97 2,500 port.

Alt. (14) Airports within a 30-nautical-mile ra- Airport name Arpt ID (AGL) dius of the Minneapolis-St. Paul Inter- national Wold-Chamberlain Airport. Ginns Airport, West Grove, PA ...... 78N 1,000 Hammonton Municipal Airport, N81 1,000 Hammonton, NJ. Alt. Airport name Arpt ID (AGL) Li Calzi Airport, Bridgeton, NJ ...... N50 1,000 New London Airport, New London, N01 1,000 Belle Plaine Airport, Belle Plaine, MN 7Y7 1,200 PA. Wide Sky Airpark Airport, Bridgeton, N39 1,000 Carleton Airport, Stanton, MN ...... SYN 1,200 NJ. Empire Farm Strip Airport, Bongards, MN15 1,200 MN. (19) Airports within a 30-nautical-mile ra- Flying M Ranch Airport, Roberts, WI 78WI 1,200 dius of the Phoenix Sky Harbor Inter- Johnson Airport, Rockford, MN ...... MY86 1,200 national Airport. River Falls Airport, River Falls, WI .... Y53 1,200 Rusmar Farms Airport, Roberts, WI .. WS41 1,200 Alt. Waldref SPB, Forest Lake, MN ...... 9Y6 1,200 Airport name Arpt ID (AGL) Ziermann Airport, Mayer, MN ...... MN71 1,200 Ak Chin Community Airfield Airport, E31 2,500 (15) Airports within a 30-nautical-mile ra- Maricopa, AZ. Boulais Ranch Airport, Maricopa, AZ 9E7 2,500 dius of the New Orleans International/ Estrella Sailport, Maricopa, AZ ...... E68 2,500 Moisant Field Airport. Hidden Valley Ranch Airport, Mari- AZ17 2,500 copa, AZ. Alt. Millar Airport, Maricopa, AZ ...... 2AZ4 2,500 Airport name Arpt ID (AGL) Pleasant Valley Airport, New River, AZ05 2,500 AZ. Bollinger SPB, Larose, LA ...... L38 1,500 Serene Field Airport, Maricopa, AZ ... AZ31 2,500b Clovelly Airport, Cut Off, LA ...... LA09 1,500 Sky Ranch Carefree Airport, Care- E18 2,500 free, AZ. Sycamore Creek Airport, Fountain 0AS0 2,500 (16) Airports within a 30-nautical-mile ra- Hills, AZ. dius of the John F. Kennedy International University of Arizona, Maricopa Agri- 3AZ2 2,500 Airport, the La Guardia Airport, and the cultural Center Airport, Maricopa, Newark International Airport. AZ.

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(20) Airports within a 30-nautical-mile ra- Alt. dius of the Lambert/St. Louis International Airport name Arpt ID (AGL) Airport. Aqua-Land/Cliffton Skypark Airport, 2W8 1,000 Alt. Newburg, MD. Airport name Arpt ID (AGL) Buds Ferry Airport, Indian Head, MD MD39 1,000 Burgess Field Airport, Riverside, MD 3W1 1,000 Blackhawk Airport, Old Monroe, MO 6MO0 1,000 Chimney View Airport, Fredericks- 5VA5 1,000 Lebert Flying L Airport, Lebanon, MO 3H5 1,000 burg, VA. Shafer Metro East Airport, St. Jacob, 3K6 1,000 Holly Springs Farm Airport, MD55 1,000 IL. Nanjemoy, MD. Sloan’s Airport, Elsberry, MO ...... 0MO8 1,000 Lanseair Farms Airport, La Plata, MD MD97 1,000 Wentzville Airport, Wentzville, MO .... MO50 1,000 Nyce Airport, Mount Victoria, MD ...... MD84 1,000 Parks Airpark Airport, Nanjemoy, MD MD54 1,000 Woodliff Airpark Airport, Foristell, MO 98MO 1,000 Pilots Cove Airport, Tompkinsville, MD06 1,000 MD. (21) Airports within a 30-nautical-mile ra- Quantico MCAF, Quantico, VA ...... NYG 1,000 dius of the Salt Lake City International Air- Stewart Airport, St. Michaels, MD ..... MD64 1,000 port. U.S. Naval Weapons Center, Dahl- NDY 1,000 gren Lab Airport, Dahlgren, VA. Airport name Arpt ID Alt. (AGL) (25) Effective upon the establishment of the Washington Tri-Area Class B airspace Bolinder Field-Tooele Valley Airport, TVY 2,500 Tooele, UT. area: Airports within a 30-nautical-mile ra- Cedar Valley Airport, Cedar Fort, UT UT10 2,500 dius of the Washington National Airport, An- Morgan County Airport, Morgan, UT 42U 2,500 drews Air Force Base Airport, Baltimore- Tooele Municipal Airport, Tooele, UT U26 2,500 Washington International Airport, and Dul- les International Airport. (22) Airports within a 30-nautical-mile ra- dius of the Seattle-Tacoma International Alt. Airport name Arpt ID (AGL) Airport. Albrecht Airstrip Airport, Long Green, MD48 2,000 Airport name Arpt ID Alt. MD. (AGL) Armacost Farms Airport, Hampstead, MD38 2,000 MD. Firstair Field Airport, Monroe, WA ..... WA38 1,500 Barnes Airport, Lisbon, MD ...... MD47 2,000 Gower Field Airport, Olympia, WA .... 6WAZ 1,500 , Stevensville, MD W29 2,000 Harvey Field Airport, Snohomish, WA S43 1,500 Carroll County Airport, Westminster, W54 2,000 MD. (23) Airports within a 30-nautical-mile ra- Castle Marina Airport, Chester, MD .. OW6 2,000 dius of the Tampa International Airport. Clearview Airpark Airport, West- 2W2 2,000 minster, MD. Davis Airport, Laytonsville, MD ...... W50 2,000 Airport name Arpt ID Alt. (AGL) Fallston Airport, Fallston, MD ...... W42 2,000 Faux-Burhans Airport, Frederick, MD 3MD0 2,000 Hernando County Airport, BKV 1,500 Forest Hill Airport, Forest Hill, MD .... MD31 2,000 Brooksville, FL. Fort Detrick Helipad Heliport, Fort MD32 2,000 Lakeland Municipal Airport, Lake- LAL 1,500 Detrick (Frederick), MD. land, FL. Frederick Municipal Airport, Fred- FDK 2,000 Zephyrhills Municipal Airport, ZPH 1,500 erick, MD. Zephyrhills, FL. Fremont Airport, Kemptown, MD ...... MD41 2,000 Good Neighbor Farm Airport, MD74 2,000 (24) Effective until the establishment of Unionville, MD. the Washington Tri-Area Class B airspace Happy Landings Farm Airport, MD73 2,000 area or December 30, 1993, whichever occurs Unionville, MD. Harris Airport, Still Pond, MD ...... MD69 2,000 first: Airports within a 30-nautical-mile ra- Hybarc Farm Airport, Chestertown, MD19 2,000 dius of the Washington National Airport and MD. Airport. Kennersley Airport, Church Hill, MD MD23 2,000 Kentmorr Airpark Airport, Stevens- 3W3 2,000 Airport name Arpt ID Alt. ville, MD. (AGL) Montgomery County Airpark Airport, GAI 2,000 Gaithersburg, MD. Barnes Airport, Lisbon, MD ...... MD47 2,000 Phillips AAF, Aberdeen, MD ...... APG 2,000 Bay Bridge Airport, Stevensville, MD W29 2,000 Pond View Private Airport, Chester- OMD4 2,000 Castle Marina Airport, Chester, MD .. 0W6 2,000 town, MD. Davis Airport, Laytonsville, MD ...... W50 2,000 Reservoir Airport, Finksburg, MD ...... 1W8 2,000 Fremont Airport, Kemptown, MD ...... MD41 2,000 Scheeler Field Airport, Chestertown, OW7 2,000 Kentmorr Airpark Airport, Stevens- 3W3 2,000 MD. ville, MD. Stolcrest STOL, Urbana, MD ...... MD75 2,000 Montgomery County Airpark Airport, GAI 2,000 Tinsely Airstrip Airport, Butler, MD .... MD17 2,000 Gaithersburg, MD. Walters Airport, Mount Airy, MD ...... OMD6 2,000 Waredaca Farm Airport, Brookeville, MD16 2,000 Waredaca Farm Airport, Brookeville, MD16 2,000 MD. MD.

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Alt. (a) The operator complies with all condi- Airport name Arpt ID (AGL) tions and limitations established by this SFAR and the authorization; Weide AAF, Edgewood Arsenal, MD EDG 2,000 Woodbine Gliderport, Woodbine, MD MD78 2,000 (b) A copy of the authorization is carried Wright Field Airport, Chestertown, MD11 2,000 aboard the airplane during all operations to MD. or from a U.S. airport; Aviacres Airport, Warrenton, VA ...... 3VA2 1,500 (c) The airplane carries an appropriate air- Birch Hollow Airport, Hillsboro, VA .... W60 1,500 worthiness certificate issued by the country Flying Circus Aerodrome Airport, 3VA3 1,500 of registration and meets the registration Warrenton, VA. Fox Acres Airport, Warrenton, VA ..... 15VA 1,500 and identification requirements of that Hartwood Airport, Somerville, VA ...... 8W8 1,500 country; and Horse Feathers Airport, Midland, VA 53VA 1,500 (d) Whenever the application is for oper- Krens Farm Airport, Hillsboro, VA ..... 14VA 1,500 ation to a location at which FAA-approved Scott Airpark Airport, Lovettsville, VA VA61 1,500 noise abatement retrofit equipment is to be The Grass Patch Airport, Lovettsville, VA62 1,500 installed to make the aircraft comply with VA. Stage 2 or Stage 3 noise levels as defined in Walnut Hill Airport, Calverton, VA ..... 58VA 1,500 Warrenton Air Park Airport, 9W0 1,500 part 36 of this chapter, the applicant must Warrenton, VA. have a valid contract for such equipment. Warrenton-Fauquier Airport, W66 1,500 2. Authorization for the operation of a Warrenton, VA. Stage 1 or Stage 2 civil turbojet airplane to Whitman Strip Airport, Manassas, VA OV5 1,500 or from a U.S. airport may be issued by the Aqua-Land/Cliffton Skypark Airport, 2W8 1,000 FAA for the following purposes: Newburg, MD. Buds Ferry Airport, Indian Head, MD MD39 1,000 Burgess Field Airport, Riverside, MD 3WI 1,000 Stage 1 Airplanes Chimney View Airport, Fredericks- 5VA5 1,000 (a) For a Stage 1 airplane owned by a U.S. burg, VA. Holly Springs Farm Airport, MD55 1,000 owner/applicant on and since November 4, Nanjemoy, MD. 1990: Lanseair Farms Airport, La Plata, MD MD97 1,000 (i) Obtaining modifications necessary to Nyce Airport, Mount Victoria, MD ...... MD84 1,000 meet Stage 2 noise levels as defined in part Parks Airpark Airport, Nanjemoy, MD MD54 1,000 36 of this chapter; Pilots Cove Airport, Tompkinsville, MD06 1,000 (ii) Obtaining modifications necessary to MD. Quantico MCAF, Quantico, VA ...... NYG 1,000 meet Stage 3 noise levels as defined in part Stewart Airport, St. Michaels, MD ..... MD64 1,000 36 of this chapter; or U.S. Naval Weapons Center, Dahl- NDY 1,000 (iii) Scrapping the airplane, as deemed nec- gren Lab Airport, Dahlgren, VA. essary by the FAA, to obtain spare parts to support U.S. programs for the national de- AUTHORITY: 49 U.S.C. app. 1301(7), 1303, 1344, fense or safety. 1348, 1352 through 1355, 1401, 1421 through (b) For a Stage 1 airplane owned by a non- 1431, 1471, 1472, 1502, 1510, 1522, and 2121 U.S. owner/applicant: through 2125; articles 12, 29, 31, and 32(a) of (i) Obtaining modifications necessary to the Convention on International Civil Avia- meet Stage 2 noise levels as defined in part tion (61 stat. 1180); 42 U.S.C. 4321 et seq.; E.O. 36 of this chapter; 11514, 35 FR 4247, 3 CFR, 1966–1970 Comp., p. (ii) Obtaining modifications necessary to 902; 49 U.S.C. 106(g). meet Stage 3 noise levels as defined in part [Doc. No. 26242, 55 FR 50307, Dec. 5, 1990, as 36 of this chapter; or amended by Amdt. 91–227, 56 FR 65652, Dec. (iii) Scrapping the airplane, as deemed nec- 17, 1991; 57 FR 30822, July 10, 1992; Amdt. 91– essary by the FAA, to obtain spare parts to 227, 56 FR 65652, Dec. 17, 1991; 58 FR 48728, support U.S. programs for the national de- Sept. 17, 1993; 58 FR 60552, Nov. 17, 1993] fense or safety. (c) For a Stage 1 airplane purchased by a SPECIAL FEDERAL AVIATION REGULATION U.S. owner/applicant on or after November 5, NO. 64—SPECIAL FLIGHT AUTHORIZA- 1990: TIONS FOR NOISE RESTRICTED AIR- (i) Obtaining modifications necessary to CRAFT meet Stage 2 noise levels as defined in part 36 of this chapter, provided that the airplane 1. Contrary provisions of part 91, subpart I does not subsequently operate in the contig- notwithstanding, an operator of a civil sub- uous United States; sonic turbojet airplane with maximum (ii) Obtaining modifications necessary to weight of more than 75,000 pounds may con- meet Stage 3 noise levels as defined in part duct an approved limited nonrevenue oper- 36 of this chapter; or ation of that airplane to or from a U.S. air- (iii) Scrapping the airplane, as deemed nec- port when such operation has been author- essary by the FAA, to obtain spare parts to ized by the FAA under paragraph 2 of this support U.S. programs for the national de- SFAR; and fense or safety.

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Stage 2 Airplanes SPECIAL FEDERAL AVIATION REGULATION (d) For a Stage 2 airplane purchased by a NO. 65–1—PROHIBITION AGAINST CER- U.S. owner/applicant on or after November 5, TAIN FLIGHTS BETWEEN THE UNITED 1990, obtaining modification to meet Stage 3 STATES AND LIBYA noise levels as defined in part 36 of this chap- ter. 1. Applicability. This Special Federal Avia- (e) For Stage 2 airplanes that were U.S.- tion Regulation (SFAR) No. 65–1 applies to owned on and since November 4, 1990, and all aircraft operations originating from, that have been removed from service to landing in, or overflying the territory of the achieve compliance with § 91.865 or § 91.867 of United States. this part: 2. Special flight restrictions. Except as (i) Obtaining modifications to meet Stage 3 provided in paragraphs 3 and 4 of this SFAR noise levels as defined in part 36 of this chap- No. 65–1— ter; (a) No person shall operate an aircraft on a (ii) Prior to January 1, 2000, exporting an flight to any point in Libya, or to any inter- airplane, including flying the airplane to or mediate point on a flight where the ultimate from any airport in the contiguous United destination is any point in Libya or that in- States necessary for the exportation of that cludes a landing at any point in Libya in its airplane; or intended itinerary, from any point in the (iii) Prior to January 1, 2000, operating the United States; airplane as deemed necessary by the FAA for (b) No person shall operate an aircraft on a the sale, lease, storage, or scrapping of the flight to any point in the United States from airplane. any point in Libya, or from any intermediate 3. An application for a special flight au- point on a flight where the origin is in thorization under this Special Federal Avia- Libya, or from any point on a flight which tion Regulation shall be submitted to the includes a departure from any point in Libya FAA, Director of the Office of Environment in its intended itinerary; or and Energy, received no less than five days (c) No person shall operate an aircraft over prior to the requested flight, and include the the territory of the United States if that air- following: craft’s flight itinerary includes any landing (a) The applicant’s name and telephone at or departure from any point in Libya. number; 3. Permitted operations. This SFAR shall (b) The name of the airplane operator; not prohibit the flight operations between the United States and Libya described in sec- (c) The make, model, registration number, tion 2 of this SFAR by an aircraft authorized and serial number of the airplane; to conduct such operations by the United (d) The reason why such authorization is States Government in consultation with the necessary; committee established by UN Security Coun- (e) The purpose of the flight; cil Resolution 748 (1992), as affirmed by UN (f) Each U.S. airport at which the flight Security Council Resolution 883 (1993). will be operated and the number of takeoffs 4. Emergency situations. In an emergency and landings at each; that requires immediate decision and action (g) The approximate dates of the flights; for the safety of the flight, the pilot in com- (h) The number of people on board the air- mand of an aircraft may deviate from this plane and the function of each person; SFAR to the extent required by that emer- (i) Whether a special flight permit under gency. Except for U.S. air carriers and com- FAR part 21.199 or a special flight authoriza- mercial operators that are subject to the re- tion under FAR part 91.715 is required for the quirements of 14 CFR 121.557, 121.559, or flight; 135.19, each person who deviates from this (j) A copy of the contract for noise abate- rule shall, within ten (10) days of the devi- ment retrofit equipment, if appropriate; and ation, excluding Saturdays, Sundays, and (k) Any other information or documenta- Federal holidays, submit to the nearest FAA tion requested by the Director, Office of En- Flight Standards District Office a complete vironment and Energy, as necessary to de- report of the operations or the aircraft in- termine whether the application should be volved in the deviation, including a descrip- approved. tion of the deviation and the reasons there- 4. The Special Federal Aviation Regulation for. terminates on December 31, 1999, unless 5. Duration. This SFAR No. 65–1 shall re- sooner rescinded or superseded. main in effect until further notice. [58 FR 31641, June 3, 1993; Amdt. 91–232, 58 FR [SFAR 65–1, 60 FR 48644, Sept. 20, 1995] 62035, Nov. 24, 1993]

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SPECIAL FEDERAL AVIATION REGULATION SPECIAL FEDERAL AVIATION REGULATION NO. 66–2—PROHIBITION AGAINST CER- NO. 67—PROHIBITION AGAINST TAIN FLIGHTS BETWEEN THE UNITED CETRAIN FLIGHTS WITHIN THE TER- STATES AND THE FEDERAL REPUBLIC RITORY AND AIRSPACE OF AFGHANI- OF YUGOSLAVIA (SERBIA AND MONTE- STAN NEGRO) 1. Applicability. This rule applies to all U.S. 1. Applicability. This Special Federal Avia- air carriers and commercial operators, all tion Regulation (SFAR) applies to all air- persons exercising the privileges of an air- man certificate issued by the FAA, and all craft operations originating from, destined operators using aircraft registered in the to land in, or overflying the territory of the United States except where the operator of United States. such aircraft is a foreign air carrier. 2. Special flight restrictions. Except as pro- 2. Flight prohibition. Except as provided in vided in paragraphs 3 and 4 of this SFAR No. paragraph 3 and 4 of this SFAR, no person 66–2— described in paragraph 1 may conduct flight (a) No person shall operate an aircraft operations within the territory and airspace from any point in the United States to any of Afghanistan. point in the Federal Republic of Yugoslavia 3. Permitted operations. This SFAR does not (Serbia and Montenegro) (hereinafter ‘‘Ser- prohibit persons described in paragraph 1 bia and Montenegro’’), a flight having any from conducting flight operations within the intermediate or ultimate destination in Ser- territory and airspace of Afghanistan where bia and Montenegro, or a flight that includes such operations are authorized either by ex- a landing at any point in Serbia and Monte- emption issued by the Administrator or by negro in its intended itinerary; another agency of the United States Govern- (b) No person shall operate an aircraft to ment with the approval of the FAA. any point in the United States from any 4. Emergency situations. in an emergency point in Serbia and Montenegro, or a flight that requires immedicate decision and ac- from any intermediate point of departure tion fo the safety of the flight, the pilot in where the origin of the flight is in Serbia and command of an aircraft may deviate Montenegro, or a flight that includes a de- fromthis SFAR to the extent required by parture from any point in Serbia and Monte- that emergency. Except for U.S. air carriers negro in its intended itinerary; or and commercial operators that are subject to the requirements of 14 CFR 121.557, 121.559, or (c) No person shall operate an aircraft over 135.19, each person who deviated from this the territory of the United States if that air- rule shall, within ten (10) days of the devi- craft’s flight itinerary includes any landing ation , excluding Saturdays, Sundays, and at or departure from any point in Serbia and Federal Holidays, submit to the nearest FAA Montenegro. Flight Standards District Office a complete 3. Permitted operations. This SFAR shall not report of the operations of the aircraft in- prohibit the flight operations between the volved in the deviation, including a descrip- United States, Serbia and Montenegro de- tion of the deviation and the reasons there- scribed in section 2 of this SFAR by an air- for. craft authorized to conduct such operations 5. Expiration. This Special Federal Aviation by the United States Government. Regulation remains in effect until May 10, 4. Emergency situations. In an emergency 2000. that requires immediate decision and action [SFAR 67, 59 FR 25283, May 13, 1994, as for the safety of the flight, the pilot in com- amended by 60 FR 25981, May 15, 1995; 61 FR mand of an aircraft may deviate from this 24431, May 14, 1996; 62 FR 26892, May 15, 1997; SFAR to the extent required by that emer- 63 FR 26687, May 13, 1998; 63 FR 45659, Aug. 26, gency. Any deviation required by an emer- 1998] gency shall be reported as soon as possible to the air traffic control facility having juris- SPECIAL FEDERAL AVIATION REGULATION diction. NO. 71—SPECIAL OPERATING RULES 5. Expiration. This Special Federal Aviation FOR AIR TOUR OPERATORS IN THE Regulation expires June 2, 1997. STATE OF HAWAII [SFAR 66–2, 60 FR 28477, May 31, 1995] Section 1. Applicability. This Special Federal EFFECTIVE DATE NOTE: By Doc. No. 26903, 61 Aviation Regulation prescribes operating FR 631, Jan. 9, 1996, Special Federal Aviation rules for airplane and helicopter visual flight Regulation 66–2 was suspended indefinitely. rules air tour flights conducted in the State

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of Hawaii under 14 CFR parts 91, 121, and 135. (c) Below any altitude prescribed by fed- This rule does not apply to: eral statute or regulation. (a) Operations conducted under 14 CFR Section 7. Passenger briefing. Before takeoff, part 121 in airplanes with a passenger seating each PIC of an air tour flight of Hawaii with configuration of more than 30 seats or a pay- a flight segment beyond the ocean shore of load capacity of more than 7,500 pounds. any island shall ensure that each passenger (b) Flights conducted in gliders or hot air has been briefed on the following, in addition balloons. to requirements set forth in 14 CFR 91.107, Section 2. Definitions. For the purposes of 121.571, or 135.117: this SFAR: (a) Water ditching procedures; ‘‘Air tour’’ means any sightseeing flight (b) Use of required flotation equipment; conducted under visual flight rules in an air- and plane or helicopter for compensation or hire. (c) Emergency egress from the aircraft in ‘‘Air tour operator’’ means any person who event of a water landing. conducts an air tour. Section 8. Termination date. This Special Section 3. Helicopter flotation equipment. No Federal Aviation Regulation expires on Oc- person may conduct an air tour in Hawaii in tober 26, 2003. a single-engine helicopter beyond the shore [SFAR 71, 59 FR 49145, Sept. 26, 1994, as of any island, regardless of whether the heli- amended at 60 FR 65913, Dec. 20, 1995; 62 FR copter is within gliding distance of the 58859, Oct. 30, 1997; 65 FR 58612, Sept. 29, 2000] shore, unless: (a) The helicopter is amphibious or is SPECIAL FEDERAL AVIATION REGULATION equipped with floats adequate to accomplish NO. 77—PROHIBITION AGAINST CER- a safe emergency ditching and approved flo- TAIN FLIGHTS WITHIN THE TERRI- tation gear is easily accessible for each occu- TORY AND AIRSPACE OF IRAQ pant; or (b) Each person on board the helicopter is 1. Applicability. This rule applies to the fol- wearing approved flotation gear. lowing persons: Section 4. Helicopter performance plan. Each (a) All U.S. air carriers or commercial op- operator must complete a performance plan erators; before each helicopter air tour flight. The (b) All persons exercising the privileges of performance plan must be based on the infor- an airman certificate issued by the FAA ex- mation in the Rotorcraft Flight Manual cept such persons operating U.S.-registered (RFM), considering the maximum density al- aircraft for a foreign air carrier; or titude for which the operation is planned for (c) All operators of aircraft registered in the flight to determine the following: the United States except where the operator (a) Maximum gross weight and center of of such aircraft is a foreign air carrier. gravity (CG) limitations for hovering in 2. Flight prohibition. Except as provided in ground effect; paragraphs 3 and 4 of this SFAR, no person (b) Maximum gross weight and CG limita- described in paragraph 1 may conduct flight tions for hovering out of ground effect; and, operations over or within the territory and (c) Maximum combination of weight, alti- airspace of Iraq. tude, and temperature for which height-ve- 3. Permitted operations. This SFAR does not locity information in the RFM. is valid. prohibit persons described in paragraph 1 The pilot in command (PIC) must comply from conducting flight operations over or with the performance plan. within the territory and airspace of Iraq Section 5. Helicopter operating limitations. where such operations are authorized either Except for approach to and transition from a by exemption issued by the Administrator or hover, the PIC shall operate the helicopter by another agency of the United States Gov- at a combination of height and forward speed ernment. (including hover) that would permit a safe 4. Emergency situations. In an emergency landing in event of engine power loss, in ac- that requires immediate decision and action cordance with the height-speed envelope for for the safety of the flight, the pilot in com- that helicopter under current weight and air- mand of an aircraft may deviate from this craft altitude. SFAR to the extent required by that emer- Section 6. Minimum flight altitudes. Except gency. Except for U.S. air carriers or com- when necessary for takeoff and landing, or mercial operators that are subject to the re- operating in compliance with an air traffic quirements of 14 CFR parts 119, 121, or 135, control clearance, or as otherwise authorized each person who deviates from this rule by the Administrator, no person may con- shall, within ten (10) days of the deviation, duct an air tour in Hawaii: excluding Saturdays, Sundays, and Federal (a) Below an altitude of 1,500 feet above the holidays, submit to the nearest FAA Flight surface over all areas of the State of Hawaii, Standards District Office a complete report and, of the operations of the aircraft involved in (b) Closer than 1,500 feet to any person or the deviation including a description of the property; or, deviation and the reasons therefore.

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5. Expiration. This Special Federal Aviation mercial operators that are subject to the re- Regulation will remain in effect until fur- quirements of 14 CFR parts 121, 125, or 135, ther notice. each person who deviates from this rule [Doc. No. 28691, 61 FR 54021, Oct. 16, 1996] shall, within ten (10) days of the deviation, excluding Saturdays, Sundays, and Federal SPECIAL FEDERAL AVIATION REGULATION holidays, submit to the nearest FAA Flight Standards District Office a complete report NO. 78—SPECIAL OPERATING RULES of the operations of the aircraft involved in FOR COMMERCIAL AIR TOUR OPERA- the deviation, including a description of the TORS IN THE VICINITY OF THE ROCKY deviation and the reasons therefore. MOUNTAIN NATIONAL PARK 5. Expiration. This Special Federal Aviation Regulation No. 79 will remain in effect until Section 1. Applicability. This Special Fed- further notice. eral Aviation Regulation prescribes oper- ating rules for commercial air tour flight op- [Doc. No. 28831, 62 FR 20078, Apr. 24, 1997, as erations within the lateral boundaries of the amended at 63 FR 8017, Feb. 17, 1998; 63 FR Rocky Mountain National Park, CO. 19286, Apr. 17, 1998] Sec. 2. Definition. For the purpose of this SFAR: ‘‘commercial air tour’’ means: the op- SPECIAL FEDERAL AVIATION REGULATION eration of an aircraft carrying passengers for NO. 87—PROHIBITION AGAINST CER- compensation or hire for aerial sightseeing. TAIN FLIGHTS WITHIN THE TERRI- Sec. 3. Restriction. No person may conduct a commercial air tour operation in the air- TORY AND AIRSPACE OF ETHIOPIA space over Rocky Mountain National Park, 1. Applicability. This Special Federal Avia- CO. tion Regulation (SFAR) No. 87 applies to all Expiration: This SFAR will expire on the U.S. air carriers or commercial operators, all adoption of a final rule in Docket No. 27643. persons exercising the privileges of an air- [Doc. No. 28577, 62 FR 1205, Jan. 8, 1997] man certificate issued by the FAA unless that person is engaged in the operation of a SPECIAL FEDERAL AVIATION REGULATION U.S.-registered aircraft for a foreign air car- NO. 79—PROHIBITION AGAINST CER- rier, and all operators using aircraft reg- TAIN FLIGHTS WITHIN THE FLIGHT istered in the United States except where the INFORMATION REGION (FIR) OF THE operator of such aircraft is a foreign air car- rier. DEMOCRATIC PEOPLE’S REPUBLIC OF 2. Flight prohibition. Except as provided in KOREA (DPRK) paragraphs 3 and 4 of this SFAR, no person 1. Applicability. This rule applies to the fol- described in paragraph 1 may conduct flight lowing persons: operations within the territory and airspace (a) All U.S. air carriers or commercial op- of Ethiopia north of 12 degrees north lati- erators. tude. (b) All persons exercising the privileges of 3. Permitted operations. This SFAR does not an airman certificate issued by the FAA, ex- prohibit persons described in paragraph 1 cept such persons operating U.S.-registered from conducting flight operations within the aircraft for a foreign air carrier. territory and airspace of Ethiopia where (c) All operators of aircraft registered in such operations are authorized either by ex- the United States except where the operator emption issued by the Administrator or by of such aircraft is a foreign air carrier. an authorization issued by another agency of 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.

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5. Expiration. This Special Federal Aviation (a) All aircraft operations in which pas- Regulation shall remain in effect until fur- sengers, crewmembers, or other persons are ther notice. enplaned from or deplaned into a sterile area, except for scheduled passenger oper- [Doc. No. FAA–2000–7360; 65 FR 31215, May 16, 2000] ations and public charter passenger oper- ations. For purposes of this SFAR, ‘‘sterile area,’’ ‘‘scheduled passenger operations,’’ SPECIAL FEDERAL AVIATIONREGULATION and ‘‘public charter’’ are defined in § 108.3 of NO. 90—PROHIBITION AGAINST CER- this chapter. TAIN FLIGHTS WITHIN THE TERRI- (b) Each aircraft operation conducted in an TORY AND AIRSPACE OF AFGHANI- aircraft with a maximum certificated take- STAN off weight of more than 12,500 pounds except for those operations specified in paragraph 1. Applicability. This Special Federal Avia- 1(a) of this SFAR and those operations con- tion Regulation (SFAR) No. 90 applies to all ducted under a security program under part U.S. carriers, all U.S. commercial operators 108 or 129 of this chapter. and all persons exercising the privileges of an airman certificate issued by the FAA, un- 2. Procedures. less those airmen are foreign nationals en- (a) Any person conducting an operation gaged in the operation of a U.S.-registered identified in paragraph 1 of this SFAR must aircraft for a foreign air carrier. This SFAR conduct a search of the aircraft prior to de- also applies to all operators using aircraft parture and screen passengers, crew- registered in the United States except where members, and other persons and their acces- the operator of such aircraft is a foreign air sible property (carry-on items) prior to carrier. boarding in accordance with security proce- 2. Flight prohibition. Except as provided in dures approved by the Administrator. paragraph 3 and 4 of this SFAR, no person (b) The security procedures approved by described in paragraph 1 may conduct flight the Administrator for operations specified in operations within the territory and airspace paragraph 1(a) of this SFAR are sensitive se- of Afghanistan. curity information. The operator must re- 3. Permitted operations. This SFAR does not strict the distribution, disclosure, and avail- prohibit persons described in paragraph 1 ability of information contained in the secu- from conducting flight operations within the rity procedures to persons with a need to territory and airspace of Afghanistan where know as described in part 191 of this chapter. such operations are authorized either by ex- 3. Compliance Date. Persons conducting op- emption issued by the Administrator or by erations identified in paragraph 1(a) of this an authorization issued by another agency of SFAR must implement security procedures the United States Government with the ap- on October 6, 2001. Persons identified in para- proval of the FAA. graph 1(b) of this SFAR must implement se- 4. Emergency situations. In an emergency curity procedures when notified by the Ad- that requires immediate decision and action ministrator. The FAA will notify operators for the safety of the flight, the pilot in com- identified in 1(b) of this SFAR by NOTAM mand of an aircraft may deviate from this when they must implement security proce- SFAR to the extent required by that emer- dures. gency. Except for U.S. air carriers and com- 4. Waivers. The Administrator may permit mercial operators that are subject to the re- a person conducting an operation identified quirements of Title 14 CFR 121.557, 121.559, or in paragraph 1 of this SFAR to deviate from 135.19, each person who deviates from this the provisions of this SFAR if the Adminis- rule shall, within ten (10) days of the devi- trator finds that the operation can be con- ation, excluding Saturdays, Sundays, and ducted safely under the terms of the waiver. Federal holidays, submit to the nearest FAA 5. Delegation. The authority of the Admin- Flight Standards District Office a complete istrator under this SFAR is also exercised by report of the operations of the aircraft in- the Associate Administrator for Civil Avia- volved in the deviation, including a descrip- tion Security and the Deputy Associate Ad- tion of the deviation and the reasons there- ministrator for Civil Aviation Security. for. 5. Expiration. This Special Federal Aviation 6. Expiration. This Special Federal Aviation Regulation shall remain in effect until fur- Regulation shall remain in effect until fur- ther notice. ther notice. [Doc. No. FAA–2001–10664, 66 FR 48943, Sept. [Doc. No. FAA–2001–10738, 66 FR 50533, Oct. 4, 24, 2001] 2001] SFAR NO. 91—AIRCRAFT SECURITY Subpart A—General UNDER GENERAL OPERATING AND FLIGHT RULES SOURCE: Docket No. 18334, 54 FR 34292, Aug. 1. Applicability. This SFAR applies to: 18, 1989, unless otherwise noted.

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§ 91.1 Applicability. unless the pilot in command meets the requirements of § 61.58 of this chapter. (a) Except as provided in paragraphs (b) and (c) of this section and §§ 91.701 § 91.7 Civil aircraft airworthiness. and 91.703, this part prescribes rules (a) No person may operate a civil air- governing the operation of aircraft craft unless it is in an airworthy condi- (other than moored balloons, kites, un- tion. manned rockets, and unmanned free (b) The pilot in command of a civil balloons, which are governed by part aircraft is responsible for determining 101 of this chapter, and ultralight vehi- whether that aircraft is in condition cles operated in accordance with part for safe flight. The pilot in command 103 of this chapter) within the United shall discontinue the flight when un- States, including the waters within 3 airworthy mechanical, electrical, or nautical miles of the U.S. coast. structural conditions occur. (b) Each person operating an aircraft in the airspace overlying the waters be- § 91.9 Civil aircraft flight manual, tween 3 and 12 nautical miles from the marking, and placard requirements. coast of the United States shall comply (a) Except as provided in paragraph with §§ 91.1 through 91.21; §§ 91.101 (d) of this section, no person may oper- through 91.143; §§ 91.151 through 91.159; ate a civil aircraft without complying §§ 91.167 through 91.193; § 91.203; § 91.205; with the operating limitations speci- §§ 91.209 through 91.217; § 91.221; §§ 91.303 fied in the approved Airplane or Rotor- through 91.319; § 91.323; § 91.605; § 91.609; craft Flight Manual, markings, and §§ 91.703 through 91.715; and 91.903. placards, or as otherwise prescribed by (c) This part applies to each person the certificating authority of the coun- on board an aircraft being operated try of registry. under this part, unless otherwise speci- (b) No person may operate a U.S.-reg- fied. istered civil aircraft— [Doc. No. 18334, 54 FR 34292, Aug. 18, 1989, as (1) For which an Airplane or Rotor- amended by Amdt. 91–257, 64 FR 1079, Jan. 7, craft Flight Manual is required by § 21.5 1999] of this chapter unless there is available in the aircraft a current, approved Air- § 91.3 Responsibility and authority of plane or Rotorcraft Flight Manual or the pilot in command. the manual provided for in § 121.141(b); (a) The pilot in command of an air- and craft is directly responsible for, and is (2) For which an Airplane or Rotor- the final authority as to, the operation craft Flight Manual is not required by of that aircraft. § 21.5 of this chapter, unless there is (b) In an in-flight emergency requir- available in the aircraft a current ap- ing immediate action, the pilot in com- proved Airplane or Rotorcraft Flight mand may deviate from any rule of Manual, approved manual material, this part to the extent required to markings, and placards, or any com- meet that emergency. bination thereof. (c) No person may operate a U.S.-reg- (c) Each pilot in command who devi- istered civil aircraft unless that air- ates from a rule under paragraph (b) of craft is identified in accordance with this section shall, upon the request of part 45 of this chapter. the Administrator, send a written re- (d) Any person taking off or landing port of that deviation to the Adminis- a helicopter certificated under part 29 trator. of this chapter at a heliport con- (Approved by the Office of Management and structed over water may make such Budget under control number 2120–0005) momentary flight as is necessary for takeoff or landing through the prohib- § 91.5 Pilot in command of aircraft re- ited range of the limiting height-speed quiring more than one required envelope established for the helicopter pilot. if that flight through the prohibited No person may operate an aircraft range takes place over water on which that is type certificated for more than a safe ditching can be accomplished one required pilot flight crewmember and if the helicopter is amphibious or

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is equipped with floats or other emer- demonstrates by manner or physical gency flotation gear adequate to ac- indications that the individual is under complish a safe emergency ditching on the influence of drugs (except a med- open water. ical patient under proper care) to be carried in that aircraft. § 91.11 Prohibition on interference (c) A crewmember shall do the fol- with crewmembers. lowing: No person may assault, threaten, in- (1) On request of a law enforcement timidate, or interfere with a crew- officer, submit to a test to indicate the member in the performance of the percentage by weight of alcohol in the crewmember’s duties aboard an air- blood, when— craft being operated. (i) The law enforcement officer is au- § 91.13 Careless or reckless operation. thorized under State or local law to (a) Aircraft operations for the purpose conduct the test or to have the test of air navigation. No person may oper- conducted; and ate an aircraft in a careless or reckless (ii) The law enforcement officer is re- manner so as to endanger the life or questing submission to the test to in- property of another. vestigate a suspected violation of State (b) Aircraft operations other than for or local law governing the same or sub- the purpose of air navigation. No person stantially similar conduct prohibited may operate an aircraft, other than for by paragraph (a)(1), (a)(2), or (a)(4) of the purpose of air navigation, on any this section. part of the surface of an airport used (2) Whenever the Administrator has a by aircraft for air commerce (including reasonable basis to believe that a per- areas used by those aircraft for receiv- son may have violated paragraph (a)(1), ing or discharging persons or cargo), in (a)(2), or (a)(4) of this section, that per- a careless or reckless manner so as to son shall, upon request by the Adminis- endanger the life or property of an- trator, furnish the Administrator, or other. authorize any clinic, hospital, doctor, or other person to release to the Ad- § 91.15 Dropping objects. ministrator, the results of each test No pilot in command of a civil air- taken within 4 hours after acting or at- craft may allow any object to be tempting to act as a crewmember that dropped from that aircraft in flight indicates percentage by weight of alco- that creates a hazard to persons or hol in the blood. property. However, this section does (d) Whenever the Administrator has a not prohibit the dropping of any object reasonable basis to believe that a per- if reasonable precautions are taken to son may have violated paragraph (a)(3) avoid injury or damage to persons or of this section, that person shall, upon property. request by the Administrator, furnish § 91.17 Alcohol or drugs. the Administrator, or authorize any clinic, hospital, doctor, or other person (a) No person may act or attempt to to release to the Administrator, the re- act as a crewmember of a civil air- sults of each test taken within 4 hours craft— (1) Within 8 hours after the consump- after acting or attempting to act as a tion of any alcoholic beverage; crewmember that indicates the pres- (2) While under the influence of alco- ence of any drugs in the body. hol; (e) Any test information obtained by (3) While using any drug that affects the Administrator under paragraph (c) the person’s faculties in any way con- or (d) of this section may be evaluated trary to safety; or in determining a person’s qualifica- (4) While having .04 percent by tions for any airman certificate or pos- weight or more alcohol in the blood. sible violations of this chapter and (b) Except in an emergency, no pilot may be used as evidence in any legal of a civil aircraft may allow a person proceeding under section 602, 609, or 901 who appears to be intoxicated or who of the Federal Aviation Act of 1958.

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§ 91.19 Carriage of narcotic drugs, § 91.23 Truth-in-leasing clause require- marihuana, and depressant or stim- ment in leases and conditional sales ulant drugs or substances. contracts. (a) Except as provided in paragraph (a) Except as provided in paragraph (b) of this section, no person may oper- (b) of this section, the parties to a ate a civil aircraft within the United lease or contract of conditional sale in- States with knowledge that narcotic volving a U.S.-registered large civil drugs, marihuana, and depressant or aircraft and entered into after January stimulant drugs or substances as de- 2, 1973, shall execute a written lease or fined in Federal or State statutes are contract and include therein a written carried in the aircraft. truth-in-leasing clause as a concluding (b) Paragraph (a) of this section does paragraph in large print, immediately preceding the space for the signature of not apply to any carriage of narcotic the parties, which contains the fol- drugs, marihuana, and depressant or lowing with respect to each such air- stimulant drugs or substances author- craft: ized by or under any Federal or State (1) Identification of the Federal Avia- statute or by any Federal or State tion Regulations under which the air- agency. craft has been maintained and in- spected during the 12 months preceding § 91.21 Portable electronic devices. the execution of the lease or contract (a) Except as provided in paragraph of conditional sale, and certification by (b) of this section, no person may oper- the parties thereto regarding the air- ate, nor may any operator or pilot in craft’s status of compliance with appli- command of an aircraft allow the oper- cable maintenance and inspection re- ation of, any portable electronic device quirements in this part for the oper- on any of the following U.S.-registered ation to be conducted under the lease civil aircraft: or contract of conditional sale. (1) Aircraft operated by a holder of (2) The name and address (printed or an air carrier operating certificate or typed) and the signature of the person an operating certificate; or responsible for operational control of (2) Any other aircraft while it is op- the aircraft under the lease or contract erated under IFR. of conditional sale, and certification 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 pilot in command or other operator of part 135 of this chapter having author- the aircraft. ity to engage in on-demand operations with large aircraft.

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(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 amended by Amdt. 91–212, 54 FR 39293, Sept. the registered owner if the lessee is not 25, 1989; Amdt. 91–253, 62 FR 13253, Mar. 19, a citizen of the United States, has 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- Subpart B—Flight Rules fied by telephone or in person the FAA Flight Standards district office nearest SOURCE: Docket No. 18334, 54 FR 34294, Aug. the airport where the flight will origi- 18, 1989, unless otherwise noted. nate. Unless otherwise authorized by 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 This subpart prescribes flight rules inform the FAA of— governing the operation of aircraft (i) The location of the airport of de- within the United States and within 12 parture; nautical miles from the coast of the (ii) The departure time; and United States. (iii) The registration number of the aircraft involved. § 91.103 Preflight action. (d) The copy of the lease or contract Each pilot in command shall, before furnished to the FAA under paragraph beginning a flight, become familiar (c) of this section is commercial or fi- with all available information con- nancial information obtained from a cerning that flight. This information person. It is, therefore, privileged and must include— confidential and will not be made (a) For a flight under IFR or a flight available by the FAA for public inspec- not in the vicinity of an airport, tion or copying under 5 U.S.C. 552(b)(4) weather reports and forecasts, fuel re- unless recorded with the FAA under quirements, alternatives available if part 49 of this chapter. the planned flight cannot be com- (e) For the purpose of this section, a pleted, and any known traffic delays of lease means any agreement by a person which the pilot in command has been to furnish an aircraft to another person advised by ATC;

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(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 before November 2, 1987) unless the therein; and pilot in command of that aircraft en- (2) For civil aircraft other than those sures that each person on board has specified in paragraph (b)(1) of this sec- been notified to fasten his or her safety tion, other reliable information appro- 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 from the dock and the person mooring while at the crewmember station. the seaplane or rotorcraft at the dock (b) Each required flight crewmember are excepted from the preceding seat- of a U.S.-registered civil aircraft shall, ing and safety belt requirements. Not- during takeoff and landing, keep his or 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 quirement of this chapter, occupy an harnesses, and child restraint sys- approved child restraint system fur- tems. nished by the operator or one of the (a) Unless otherwise authorized by persons described in paragraph the Administrator— (a)(3)(iii)(A) of this section provided (1) No pilot may take off a U.S.-reg- that: istered civil aircraft (except a free bal- (A) The child is accompanied by a loon that incorporates a basket or gon- dola, or an airship type certificated be- parent, guardian, or attendant des- fore November 2, 1987) unless the pilot ignated by the child’s parent or guard- in command of that aircraft ensures ian to attend to the safety of the child that each person on board is briefed on during the flight;

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(B) Except as provided in paragraph § 91.109 Flight instruction; Simulated (a)(3)(iii)(B)(4) of this action, the ap- instrument flight and certain flight proved child restraint system bears one tests. or more labels as follows: (a) No person may operate a civil air- (1) Seats manufactured to U.S. stand- craft (except a manned free balloon) ards between January 1, 1981, and Feb- that is being used for flight instruction ruary 25, 1985, must bear the label: unless that aircraft has fully func- ‘‘This child restraint system conforms tioning dual controls. However, instru- to all applicable Federal motor vehicle ment flight instruction may be given safety standards’’; in a single-engine airplane equipped (2) Seats manufactured to U.S. stand- with a single, functioning throwover ards on or after February 26, 1985, must control wheel in place of fixed, dual bear two labels: controls of the elevator and ailerons when— (i) ‘‘This child restraint system con- (1) The instructor has determined forms to all applicable Federal motor that the flight can be conducted safely; vehicle safety standards’’; and and (ii) ‘‘THIS RESTRAINT IS CER- (2) The person manipulating the con- TIFIED FOR USE IN MOTOR VEHI- trols has at least a private pilot certifi- CLES AND AIRCRAFT’’ in red let- cate with appropriate category and tering; class ratings. (3) Seats that do not qualify under (b) No person may operate a civil air- paragraphs (a)(3)(iii)(B)(1) and craft in simulated instrument flight (a)(3)(iii)(B)(2) of this section must unless— bear either a label showing approval of (1) The other control seat is occupied a foreign government or a label show- by a safety pilot who possesses at least ing that the seat was manufactured a private pilot certificate with cat- under the standards of the United Na- egory and class ratings appropriate to tions; the aircraft being flown. (4) Notwithstanding any other provi- (2) The safety pilot has adequate vi- sion forward and to each side of the sion of this section, booster-type child aircraft, or a competent observer in the restraint systems (as defined in Fed- aircraft adequately supplements the vi- eral Motor Vehicle Safety Standard sion of the safety pilot; and No. 213 (49 CFR 571.213)), vest- and har- (3) Except in the case of lighter-than- ness-type child restraint systems, and air aircraft, that aircraft is equipped lap held child restraints are not ap- with fully functioning dual controls. proved for use in aircraft; and However, simulated instrument flight (C) The operator complies with the may be conducted in a single-engine following requirements: airplane, equipped with a single, func- (1) The restraint system must be tioning, throwover control wheel, in properly secured to an approved for- place of fixed, dual controls of the ele- ward-facing seat or berth; vator and ailerons, when— (2) The child must be properly se- (i) The safety pilot has determined cured in the restraint system and must that the flight can be conducted safely; not exceed the specified weight limit and for the restraint system; and (ii) The person manipulating the con- (3) The restraint system must bear trols has at least a private pilot certifi- the appropriate label(s). cate with appropriate category and (b) Unless otherwise stated, this sec- class ratings. (c) No person may operate a civil air- tion does not apply to operations con- craft that is being used for a flight test ducted under part 121, 125, or 135 of this for an airline transport pilot certifi- chapter. Paragraph (a)(3) of this sec- cate or a class or type rating on that tion does not apply to persons subject certificate, or for a part 121 proficiency to § 91.105. flight test, unless the pilot seated at [Doc. No. 26142, 57 FR 42671, Sept. 15, 1992, as the controls, other than the pilot being amended by Amdt. 91–250, 61 FR 28421, June checked, is fully qualified to act as 4, 1996] pilot in command of the aircraft.

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§ 91.111 Operating near other aircraft. the right-of-way over other aircraft in (a) No person may operate an aircraft flight or operating on the surface, ex- so close to another aircraft as to create cept that they shall not take advan- a collision hazard. tage of this rule to force an aircraft off (b) No person may operate an aircraft the runway surface which has already in formation flight except by arrange- landed and is attempting to make way ment with the pilot in command of for an aircraft on final approach. When each aircraft in the formation. two or more aircraft are approaching (c) No person may operate an air- an airport for the purpose of landing, craft, carrying passengers for hire, in the aircraft at the lower altitude has formation flight. the right-of-way, but it shall not take advantage of this rule to cut in front of § 91.113 Right-of-way rules: Except another which is on final approach to water operations. land or to overtake that aircraft. (a) Inapplicability. This section does not apply to the operation of an air- § 91.115 Right-of-way rules: Water op- erations. craft on water. (b) General. When weather conditions (a) General. Each person operating an permit, regardless of whether an oper- aircraft on the water shall, insofar as ation is conducted under instrument possible, keep clear of all vessels and flight rules or visual flight rules, vigi- avoid impeding their navigation, and lance shall be maintained by each per- shall give way to any vessel or other son operating an aircraft so as to see aircraft that is given the right-of-way and avoid other aircraft. When a rule of by any rule of this section. this section gives another aircraft the (b) Crossing. When aircraft, or an air- right-of-way, the pilot shall give way craft and a vessel, are on crossing to that aircraft and may not pass over, courses, the aircraft or vessel to the under, or ahead of it unless well clear. other’s right has the right-of-way. (c) In distress. An aircraft in distress (c) Approaching head-on. When air- has the right-of-way over all other air craft, or an aircraft and a vessel, are traffic. approaching head-on, or nearly so, each (d) Converging. When aircraft of the shall alter its course to the right to same category are converging at ap- keep well clear. proximately the same altitude (except (d) Overtaking. Each aircraft or vessel head-on, or nearly so), the aircraft to that is being overtaken has the right- the other’s right has the right-of-way. of-way, and the one overtaking shall If the aircraft are of different cat- alter course to keep well clear. egories— (e) Special circumstances. When air- (1) A balloon has the right-of-way craft, or an aircraft and a vessel, ap- over any other category of aircraft; proach so as to involve risk of colli- (2) A glider has the right-of-way over sion, each aircraft or vessel shall pro- an airship, airplane, or rotorcraft; and ceed with careful regard to existing (3) An airship has the right-of-way circumstances, including the limita- over an airplane or rotorcraft. tions of the respective craft. However, an aircraft towing or re- fueling other aircraft has the right-of- § 91.117 Aircraft speed. way over all other engine-driven air- (a) Unless otherwise authorized by craft. the Administrator, no person may op- (e) Approaching head-on. When air- erate an aircraft below 10,000 feet MSL craft are approaching each other head- at an indicated airspeed of more than on, or nearly so, each pilot of each air- 250 knots (288 m.p.h.). craft shall alter course to the right. (b) Unless otherwise authorized or re- (f) Overtaking. Each aircraft that is quired by ATC, no person may operate being overtaken has the right-of-way an aircraft at or below 2,500 feet above and each pilot of an overtaking aircraft the surface within 4 nautical miles of shall alter course to the right to pass the primary airport of a Class C or well clear. Class D airspace area at an indicated (g) Landing. Aircraft, while on final airspeed of more than 200 knots (230 approach to land or while landing, have mph.). This paragraph (b) does not

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apply to any operations within a Class may be, by reference to an altimeter B airspace area. Such operations shall that is set, when operating— comply with paragraph (a) of this sec- (1) Below 18,000 feet MSL, to— tion. (i) The current reported altimeter (c) No person may operate an aircraft setting of a station along the route and in the airspace underlying a Class B within 100 nautical miles of the air- airspace area designated for an airport craft; or in a VFR corridor designated (ii) If there is no station within the through such a Class B airspace area, area prescribed in paragraph (a)(1)(i) of at an indicated airspeed of more than this section, the current reported al- 200 knots (230 mph). timeter setting of an appropriate avail- (d) If the minimum safe airspeed for able station; or any particular operation is greater (iii) In the case of an aircraft not than the maximum speed prescribed in equipped with a radio, the elevation of this section, the aircraft may be oper- the departure airport or an appropriate ated at that minimum speed. altimeter setting available before de- parture; or [Doc. No. 18334, 54 FR 34292, Aug. 18, 1989, as amended by Amdt. 91–219, 55 FR 34708, Aug. (2) At or above 18,000 feet MSL, to 24, 1990; Amdt. 91–227, 56 FR 65657, Dec. 17, 29.92″ Hg. 1991; Amdt. 91–233, 58 FR 43554, Aug. 17, 1993] (b) The lowest usable flight level is determined by the atmospheric pres- § 91.119 Minimum safe altitudes: Gen- sure in the area of operation as shown eral. in the following table: Except when necessary for takeoff or Lowest landing, no person may operate an air- usable craft below the following altitudes: Current altimeter setting flight (a) Anywhere. An altitude allowing, if level a power unit fails, an emergency land- 29.92 (or higher) ...... 180 ing without undue hazard to persons or 29.91 through 29.42 ...... 185 29.41 through 28.92 ...... 190 property on the surface. 28.91 through 28.42 ...... 195 (b) Over congested areas. Over any 28.41 through 27.92 ...... 200 congested area of a city, town, or set- 27.91 through 27.42 ...... 205 tlement, or over any open air assembly 27.41 through 26.92 ...... 210 of persons, an altitude of 1,000 feet (c) To convert minimum altitude pre- above the highest obstacle within a scribed under §§ 91.119 and 91.177 to the horizontal radius of 2,000 feet of the minimum flight level, the pilot shall aircraft. take the flight level equivalent of the (c) Over other than congested areas. An minimum altitude in feet and add the altitude of 500 feet above the surface, appropriate number of feet specified except over open water or sparsely pop- below, according to the current re- ulated areas. In those cases, the air- ported altimeter setting: craft may not be operated closer than 500 feet to any person, vessel, vehicle, Adjust- or structure. Current altimeter setting ment (d) Helicopters. Helicopters may be op- factor erated at less than the minimums pre- 29.92 (or higher) ...... None scribed in paragraph (b) or (c) of this 29.91 through 29.42 ...... 500 29.41 through 28.92 ...... 1,000 section if the operation is conducted 28.91 through 28.42 ...... 1,500 without hazard to persons or property 28.41 through 27.92 ...... 2,000 on the surface. In addition, each person 27.91 through 27.42 ...... 2,500 operating a helicopter shall comply 27.41 through 26.92 ...... 3,000 with any routes or altitudes specifi- cally prescribed for helicopters by the § 91.123 Compliance with ATC clear- Administrator. ances and instructions. (a) When an ATC clearance has been § 91.121 Altimeter settings. obtained, no pilot in command may de- (a) Each person operating an aircraft viate from that clearance unless an shall maintain the cruising altitude or amended clearance is obtained, an flight level of that aircraft, as the case emergency exists, or the deviation is in

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response to a traffic alert and collision § 91.126 Operating on or in the vicinity avoidance system resolution advisory. of an airport in Class G airspace. However, except in Class A airspace, a (a) General. Unless otherwise author- pilot may cancel an IFR flight plan if ized or required, each person operating the operation is being conducted in an aircraft on or in the vicinity of an VFR weather conditions. When a pilot airport in a Class G airspace area must is uncertain of an ATC clearance, that comply with the requirements of this pilot shall immediately request clari- section. fication from ATC. (b) Direction of turns. When approach- (b) Except in an emergency, no per- ing to land at an airport without an op- son may operate an aircraft contrary erating control tower in Class G air- to an ATC instruction in an area in space— which air traffic control is exercised. (1) Each pilot of an airplane must (c) Each pilot in command who, in an make all turns of that airplane to the emergency, or in response to a traffic left unless the airport displays ap- alert and collision avoidance system proved light signals or visual markings resolution advisory, deviates from an indicating that turns should be made ATC clearance or instruction shall no- to the right, in which case the pilot tify ATC of that deviation as soon as must make all turns to the right; and possible. (2) Each pilot of a helicopter must (d) Each pilot in command who avoid the flow of fixed-wing aircraft. (though not deviating from a rule of (c) Flap settings. Except when nec- this subpart) is given priority by ATC essary for training or certification, the in an emergency, shall submit a de- pilot in command of a civil turbojet- tailed report of that emergency within powered aircraft must use, as a final 48 hours to the manager of that ATC flap setting, the minimum certificated facility, if requested by ATC. landing flap setting set forth in the ap- (e) Unless otherwise authorized by proved performance information in the ATC, no person operating an aircraft Airplane Flight Manual for the appli- may operate that aircraft according to cable conditions. However, each pilot any clearance or instruction that has in command has the final authority been issued to the pilot of another air- and responsibility for the safe oper- craft for radar air traffic control pur- ation of the pilot’s airplane, and may poses. use a different flap setting for that air- (Approved by the Office of Management and plane if the pilot determines that it is Budget under control number 2120–0005) necessary in the interest of safety. (d) Communications with control tow- [Doc. No. 18834, 54 FR 34294, Aug. 18, 1989, as ers. Unless otherwise authorized or re- amended by Amdt. 91–227, 56 FR 65658, Dec. 17, 1991; Amdt. 91–244, 60 FR 50679, Sept. 29, quired by ATC, no person may operate 1995] an aircraft to, from, through, or on an airport having an operational control § 91.125 ATC light signals. tower unless two-way radio commu- ATC light signals have the meaning nications are maintained between that shown in the following table: aircraft and the control tower. Commu- nications must be established prior to 4 Meaning with re- Meaning with re- nautical miles from the airport, up to Color and type of spect to aircraft on spect to aircraft in signal the surface flight and including 2,500 feet AGL. However, if the aircraft radio fails in flight, the Steady green ...... Cleared for takeoff Cleared to land. pilot in command may operate that Flashing green ...... Cleared to taxi ...... Return for landing (to be followed aircraft and land if weather conditions by steady green are at or above basic VFR weather at proper time). minimums, visual contact with the Steady red ...... Stop ...... Give way to other aircraft and con- tower is maintained, and a clearance to tinue circling. land is received. If the aircraft radio Flashing red ...... Taxi clear of run- Airport unsafe—do fails while in flight under IFR, the way in use. not land. pilot must comply with § 91.185. Flashing white ...... Return to starting Not applicable. point on airport. [Doc. No. 24458, 56 FR 65658, Dec. 17, 1991, as Alternating red and Exercise extreme Exercise extreme amended by Amdt. 91–239, 59 FR 11693, Mar. green. caution. caution. 11, 1994]

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§ 91.127 Operating on or in the vicinity cerned. ATC may authorize a deviation of an airport in Class E airspace. on a continuing basis or for an indi- (a) Unless otherwise required by part vidual flight, as appropriate. 93 of this chapter or unless otherwise (c) Communications. Each person oper- authorized or required by the ATC fa- ating an aircraft in Class D airspace cility having jurisdiction over the must meet the following two-way radio Class E airspace area, each person op- communications requirements: erating an aircraft on or in the vicinity (1) Arrival or through flight. Each per- of an airport in a Class E airspace area son must establish two-way radio com- must comply with the requirements of munications with the ATC facility (in- § 91.126. cluding foreign ATC in the case of for- (b) Departures. Each pilot of an air- eign airspace designated in the United craft must comply with any traffic pat- States) providing air traffic services terns established for that airport in prior to entering that airspace and part 93 of this chapter. thereafter maintain those communica- (c) Communications with control tow- tions while within that airspace. ers. Unless otherwise authorized or re- (2) Departing flight. Each person— quired by ATC, no person may operate (i) From the primary airport or sat- an aircraft to, from, through, or on an ellite airport with an operating control airport having an operational control tower must establish and maintain tower unless two-way radio commu- two-way radio communications with nications are maintained between that the control tower, and thereafter as in- aircraft and the control tower. Commu- structed by ATC while operating in the nications must be established prior to 4 Class D airspace area; or nautical miles from the airport, up to (ii) From a satellite airport without and including 2,500 feet AGL. However, an operating control tower, must es- if the aircraft radio fails in flight, the tablish and maintain two-way radio pilot in command may operate that communications with the ATC facility aircraft and land if weather conditions having jurisdiction over the Class D are at or above basic VFR weather airspace area as soon as practicable minimums, visual contact with the after departing. tower is maintained, and a clearance to (d) Communications failure. Each per- land is received. If the aircraft radio son who operates an aircraft in a Class fails while in flight under IFR, the D airspace area must maintain two- pilot must comply with § 91.185. way radio communications with the [Doc. No. 24458, 56 FR 65658, Dec. 17, 1991, as ATC facility having jurisdiction over amended by Amdt. 91–239, 59 FR 11693, Mar. that area. 11, 1994] (1) If the aircraft radio fails in flight under IFR, the pilot must comply with § 91.129 Operations in Class D air- § 91.185 of the part. space. (2) If the aircraft radio fails in flight (a) General. Unless otherwise author- under VFR, the pilot in command may ized or required by the ATC facility operate that aircraft and land if— having jurisdiction over the Class D (i) Weather conditions are at or airspace area, each person operating an above basic VFR weather minimums; aircraft in Class D airspace must com- (ii) Visual contact with the tower is ply with the applicable provisions of maintained; and this section. In addition, each person (iii) A clearance to land is received. must comply with §§ 91.126 and 91.127. (e) Minimum Altitudes. When oper- For the purpose of this section, the pri- ating to an airport in Class D airspace, mary airport is the airport for which each pilot of— the Class D airspace area is designated. (1) A large or turbine-powered air- A satellite airport is any other airport plane shall, unless otherwise required within the Class D airspace area. by the applicable distance from cloud (b) Deviations. An operator may devi- criteria, enter the traffic pattern at an ate from any provision of this section altitude of at least 1,500 feet above the under the provisions of an ATC author- elevation of the airport and maintain ization issued by the ATC facility hav- at least 1,500 feet until further descent ing jurisdiction over the airspace con- is required for a safe landing;

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(2) A large or turbine-powered air- erating control tower, operate an air- plane approaching to land on a runway craft on a runway or taxiway, or take served by an instrument landing sys- off or land an aircraft, unless an appro- tem (ILS), if the airplane is ILS priate clearance is received from ATC. equipped, shall fly that airplane at an A clearance to ‘‘taxi to’’ the takeoff altitude at or above the glide slope be- runway assigned to the aircraft is not a tween the outer marker (or point of clearance to cross that assigned take- interception of glide slope, if compli- off runway, or to taxi on that runway ance with the applicable distance from at any point, but is a clearance to cross cloud criteria requires interception other runways that intersect the taxi closer in) and the middle marker; and route to that assigned takeoff runway. (3) An airplane approaching to land A clearance to ‘‘taxi to’’ any point on a runway served by a visual ap- other than an assigned takeoff runway proach slope indicator shall maintain is clearance to cross all runways that an altitude at or above the glide slope intersect the taxi route to that point. until a lower altitude is necessary for a safe landing. [Doc. No. 24458, 56 FR 65658, Dec. 17, 1991, as Paragraphs (e)(2) and (e)(3) of this sec- amended by Amdt. 91–234, 58 FR 48793, Sept. 20, 1993] tion do not prohibit normal bracketing maneuvers above or below the glide § 91.130 Operations in Class C air- slope that are conducted for the pur- space. pose of remaining on the glide slope. (f) Approaches. Except when con- (a) General. Unless otherwise author- ducting a circling approach under part ized by ATC, each aircraft operation in 97 of this chapter or unless otherwise Class C airspace must be conducted in required by ATC, each pilot must— compliance with this section and (1) Circle the airport to the left, if op- § 91.129. For the purpose of this section, erating an airplane; or the primary airport is the airport for (2) Avoid the flow of fixed-wing air- which the Class C airspace area is des- craft, if operating a helicopter. ignated. A satellite airport is any other (g) Departures. No person may oper- airport within the Class C airspace ate an aircraft departing from an air- area. port except in compliance with the fol- (b) Traffic patterns. No person may lowing: take off or land an aircraft at a sat- (1) Each pilot must comply with any ellite airport within a Class C airspace departure procedures established for area except in compliance with FAA that airport by the FAA. arrival and departure traffic patterns. (2) Unless otherwise required by the (c) Communications. Each person oper- prescribed departure procedure for that ating an aircraft in Class C airspace airport or the applicable distance from must meet the following two-way radio clouds criteria, each pilot of a turbine- communications requirements: powered airplane and each pilot of a (1) Arrival or through flight. Each per- large airplane must climb to an alti- son must establish two-way radio com- tude of 1,500 feet above the surface as munications with the ATC facility (in- rapidly as practicable. cluding foreign ATC in the case of for- (h) Noise abatement. Where a formal runway use program has been estab- eign airspace designated in the United lished by the FAA, each pilot of a large States) providing air traffic services or turbine-powered airplane assigned a prior to entering that airspace and noise abatement runway by ATC must thereafter maintain those communica- use that runway. However, consistent tions while within that airspace. with the final authority of the pilot in (2) Departing flight. Each person— command concerning the safe oper- (i) From the primary airport or sat- ation of the aircraft as prescribed in ellite airport with an operating control § 91.3(a), ATC may assign a different tower must establish and maintain runway if requested by the pilot in the two-way radio communications with interest of safety. the control tower, and thereafter as in- (i) Takeoff, landing, taxi clearance. No structed by ATC while operating in the person may, at any airport with an op- Class C airspace area; or

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(ii) From a satellite airport without (ii) The aircraft is operated by a stu- an operating control tower, must es- dent pilot or recreational pilot who tablish and maintain two-way radio seeks private pilot certification and communications with the ATC facility has met the requirements of § 61.95 of having jurisdiction over the Class C this chapter. airspace area as soon as practicable (2) Notwithstanding the provisions of after departing. paragraph (b)(1)(ii) of this section, no (d) Equipment requirements. Unless person may take off or land a civil air- otherwise authorized by the ATC hav- craft at those airports listed in section ing jurisdiction over the Class C air- 4 of appendix D of this part unless the space area, no person may operate an pilot in command holds at least a pri- aircraft within a Class C airspace area vate pilot certificate. designated for an airport unless that (c) Communications and navigation aircraft is equipped with the applicable equipment requirements. Unless other- equipment specified in § 91.215. wise authorized by ATC, no person may (e) Deviations. An operator may devi- operate an aircraft within a Class B ate from any provision of this section airspace area unless that aircraft is under the provisions of an ATC author- equipped with— ization issued by the ATC facility hav- (1) For IFR operation. An operable ing jurisdiction over the airspace con- VOR or TACAN receiver; and cerned. ATC may authorize a deviation (2) For all operations. An operable on a continuing basis or for an indi- two-way radio capable of communica- vidual flight, as appropriate. tions with ATC on appropriate fre- [Doc. No. 24458, 56 FR 65659, Dec. 17, 1991, as quencies for that Class B airspace area. amended by Amdt. 91–232, 58 FR 40736, July (d) Transponder requirements. No per- 30, 1993; Amdt. 91–239, 59 FR 11693, Mar. 11, son may operate an aircraft in a Class 1994] B airspace area unless the aircraft is equipped with the applicable operating § 91.131 Operations in Class B air- transponder and automatic altitude re- space. porting equipment specified in para- (a) Operating rules. No person may op- graph (a) of § 91.215, except as provided erate an aircraft within a Class B air- in paragraph (d) of that section. space area except in compliance with § 91.129 and the following rules: [Doc. No. 24458, 56 FR 65658, Dec. 17, 1991] (1) The operator must receive an ATC clearance from the ATC facility having § 91.133 Restricted and prohibited areas. jurisdiction for that area before oper- ating an aircraft in that area. (a) No person may operate an aircraft (2) Unless otherwise authorized by within a restricted area (designated in ATC, each person operating a large tur- part 73) contrary to the restrictions bine engine-powered airplane to or imposed, or within a prohibited area, from a primary airport for which a unless that person has the permission Class B airspace area is designated of the using or controlling agency, as must operate at or above the des- appropriate. ignated floors of the Class B airspace (b) Each person conducting, within a area while within the lateral limits of restricted area, an aircraft operation that area. (approved by the using agency) that (3) Any person conducting pilot creates the same hazards as the oper- training operations at an airport with- ations for which the restricted area in a Class B airspace area must comply was designated may deviate from the with any procedures established by rules of this subpart that are not com- ATC for such operations in that area. patible with the operation of the air- (b) Pilot requirements. (1) No person craft. may take off or land a civil aircraft at an airport within a Class B airspace § 91.135 Operations in Class A air- area or operate a civil aircraft within a space. Class B airspace area unless— Except as provided in paragraph (d) (i) The pilot in command holds at of this section, each person operating least a private pilot certificate; or an aircraft in Class A airspace must

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conduct that operation under instru- (2) Provide a safe environment for ment flight rules (IFR) and in compli- the operation of disaster relief aircraft; ance with the following: or (a) Clearance. Operations may be con- (3) Prevent an unsafe congestion of ducted only under an ATC clearance re- sightseeing and other aircraft above an ceived prior to entering the airspace. incident or event which may generate a (b) Communications. Unless otherwise high degree of public interest. authorized by ATC, each aircraft oper- The Notice to Airmen will specify the ating in Class A airspace must be hazard or condition that requires the equipped with a two-way radio capable imposition of temporary flight restric- of communicating with ATC on a fre- tions. quency assigned by ATC. Each pilot (b) When a NOTAM has been issued must maintain two-way radio commu- under paragraph (a)(1) of this section, nications with ATC while operating in no person may operate an aircraft Class A airspace. within the designated area unless that (c) Transponder requirement. Unless aircraft is participating in the hazard otherwise authorized by ATC, no per- relief activities and is being operated son may operate an aircraft within under the direction of the official in Class A airspace unless that aircraft is charge of on scene emergency response equipped with the applicable equip- activities. ment specified in § 91.215. (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- (2) The aircraft is carrying law en- termediate stops, or to proceed to a forcement officials. place where suitable repairs can be (3) The aircraft is operating under made, or both. Requests for deviation the ATC approved IFR flight plan. from any provision of this section must (4) The operation is conducted di- be submitted in writing, at least 4 days rectly to or from an airport within the before the proposed operation. ATC area, or is necessitated by the imprac- may authorize a deviation on a con- ticability of VFR flight above or tinuing basis or for an individual around the area due to weather, or ter- flight. rain; notification is given to the Flight Service Station (FSS) or ATC facility [Doc. No. 24458, 56 FR 65659, Dec. 17, 1991] 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.

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(d) When a NOTAM has been issued tection of persons and property on the under paragraph (a)(3) of this section, surface. no person may operate an aircraft (b) When a NOTAM has been issued in within the designated area unless at accordance with this section, no person least one of the following conditions is may operate an aircraft within the des- met: ignated area unless at least one of the (1) The operation is conducted di- following conditions is met: rectly to or from an airport within the (1) That person has obtained author- area, or is necessitated by the imprac- ization from the official in charge of ticability of VFR flight above or associated emergency or disaster relief around the area due to weather or ter- response activities, and is operating rain, and the operation is not con- the aircraft under the conditions of ducted for the purpose of observing the that authorization. incident or event. (2) The aircraft is carrying law en- (2) The aircraft is operating under an forcement officials. ATC approved IFR flight plan. (3) The aircraft is carrying persons (3) The aircraft is carrying incident involved in an emergency or a legiti- or event personnel, or law enforcement mate scientific purpose. officials. (4) The aircraft is carrying properly (4) The aircraft is carrying properly accredited newspersons, and that prior accredited news representatives and, to entering the area, a flight plan is prior to entering that area, a flight filed with the appropriate FAA or ATC plan is filed with the appropriate FSS facility specified in the NOTAM and or ATC facility specified in the the operation is conducted in compli- NOTAM. ance with the conditions and restric- (e) Flight plans filed and notifica- tions established by the official in tions made with an FSS or ATC facil- charge of on-scene emergency response ity under this section shall include the activities. 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

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control system and during which nor- § 91.144 Temporary restriction on mal flight operations under this chap- flight operations during abnormally ter cannot be conducted consistent high barometric pressure condi- with the required levels of safety and tions. efficiency— (a) Special flight restrictions. When any (1) The Administrator issues an im- information indicates that barometric mediately effective air traffic rule or pressure on the route of flight cur- regulation in response to that emer- rently exceeds or will exceed 31 inches gency condition; and of mercury, no person may operate an aircraft or initiate a flight contrary to (2) The Administrator or the Asso- the requirements established by the ciate Administrator for Air Traffic Administrator and published in a No- may utilize the NOTAM system to pro- tice to Airmen issued under this sec- vide notification of the issuance of the tion. rule or regulation. (b) Waivers. The Administrator is au- Those NOTAMs communicate infor- thorized to waive any restriction mation concerning the rules and regu- issued under paragraph (a) of this sec- lations that govern flight operations, tion to permit emergency supply, the use of navigation facilities, and transport, or medical services to be de- designation of that airspace in which livered to isolated communities, where the rules and regulations apply. the operation can be conducted with an (c) When a NOTAM has been issued acceptable level of safety. under this section, no person may oper- [Amdt. 91–240, 59 FR 17452, Apr. 12, 1994; 59 FR ate an aircraft, or other device gov- 37669, July 25, 1994] erned by the regulation concerned, § 91.145 Management of aircraft oper- within the designated airspace except ations in the vicinity of aerial dem- in accordance with the authorizations, onstrations and major sporting terms, and conditions prescribed in the events. regulation covered by the NOTAM. (a) The FAA will issue a Notice to Airmen (NOTAM) designating an area § 91.141 Flight restrictions in the prox- of airspace in which a temporary flight imity of the Presidential and other restriction applies when it determines parties. that a temporary flight restriction is No person may operate an aircraft necessary to protect persons or prop- over or in the vicinity of any area to be erty on the surface or in the air, to visited or traveled by the President, maintain air safety and efficiency, or the Vice President, or other public fig- to prevent the unsafe congestion of air- ures contrary to the restrictions estab- craft in the vicinity of an aerial dem- lished by the Administrator and pub- onstration or major sporting event. lished in a Notice to Airmen (NOTAM). These demonstrations and events may include: § 91.143 Flight limitation in the prox- (1) United States Naval Flight Dem- imity of space flight operations. onstration Team (Blue Angels); No person may operate any aircraft (2) United States Air Force Air Dem- of U.S. registry, or pilot any aircraft onstration Squadron (Thunderbirds); (3) United States Army Parachute under the authority of an airman cer- Team (Golden Knights); tificate issued by the Federal Aviation (4) Summer/Winter Olympic Games; Administration within areas des- (5) Annual Tournament of Roses ignated in a Notice to Airmen Football Game; (NOTAM) for space flight operations (6) World Cup Soccer; except when authorized by ATC, or op- (7) Major League Baseball All-Star erated under the control of the Depart- Game; ment of Defense Manager for Space (8) World Series; Transportation System Contingency (9) Kodak Albuquerque International Support Operations. Balloon Fiesta;

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(10) Sandia Classic Hang Gliding airspace needed to protect persons and Competition; property on the surface or in the air, to (11) Indianapolis 500 Mile Race; maintain air safety and efficiency, or (12) Any other aerial demonstration to prevent the unsafe congestion of air- or sporting event the FAA determines craft will vary depending on the aerial to need a temporary flight restriction demonstration and the factors listed in in accordance with paragraph (b) of paragraph (b) of this section. The re- this section. stricted airspace area will normally be (b) In deciding whether a temporary limited to a 5 nautical mile radius flight restriction is necessary for an from the center of the demonstration aerial demonstration or major sporting and an altitude 17000 mean sea level event not listed in paragraph (a) of this (for high performance aircraft) or 13000 section, the FAA considers the fol- feet above the surface (for certain lowing factors: parachute operations), but will be no (1) Area where the event will be held. (2) Effect flight restrictions will have greater than the minimum airspace on known aircraft operations. necessary for the management of air- (3) Any existing ATC airspace traffic craft operations in the vicinity of the management restrictions. specified area. (4) Estimated duration of the event. (2) Flight restricted area for a major (5) Degree of public interest. sporting event—The amount of airspace (6) Number of spectators. needed to protect persons and property (7) Provisions for spectator safety. on the surface or in the air, to main- (8) Number and types of participating tain air safety and efficiency, or to pre- aircraft. vent the unsafe congestion of aircraft (9) Use of mixed high and low per- will vary depending on the size of the formance aircraft. event and the factors listed in para- (10) Impact on non-participating air- graph (b) of this section. The restricted craft. airspace will normally be limited to a (11) Weather minimums. 3 nautical mile radius from the center (12) Emergency procedures that will of the event and 2500 feet above the be in effect. surface but will not be greater than the (c) A NOTAM issued under this sec- minimum airspace necessary for the tion will state the name of the aerial management of aircraft operations in demonstration or sporting event and the vicinity of the specified area. specify the effective dates and times, the geographic features or coordinates, (f) A NOTAM issued under this sec- and any other restrictions or proce- tion will be issued at least 30 days in dures governing flight operations in advance of an aerial demonstration or the designated airspace. a major sporting event, unless the FAA (d) When a NOTAM has been issued in finds good cause for a shorter period accordance with this section, no person and explains this in the NOTAM. may operate an aircraft or device, or (g) When warranted, the FAA Admin- engage in any activity within the des- istrator may exclude the following ignated airspace area, except in accord- flights from the provisions of this sec- ance with the authorizations, terms, tion: and conditions of the temporary flight (1) Essential military. restriction published in the NOTAM, (2) Medical and rescue. unless otherwise authorized by: (3) Presidential and Vice Presi- (1) Air traffic control; or dential. (2) A Flight Standards Certificate of (4) Visiting heads of state. Waiver or Authorization issued for the (5) Law enforcement and security. demonstration or event. (6) Public health and welfare. (e) For the purpose of this section: (1) Flight restricted airspace area for an [Doc. No. FAA–2000–8274, 66 FR 47378, Sept. aerial demonstration—The amount of 11, 2001]

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§§ 91.146–91.149 [Reserved] (b) Cancellation. When a flight plan has been activated, the pilot in com- VISUAL FLIGHT RULES mand, upon canceling or completing the flight under the flight plan, shall § 91.151 Fuel requirements for flight in notify an FAA Flight Service Station VFR conditions. or ATC facility. (a) No person may begin a flight in an airplane under VFR conditions un- § 91.155 Basic VFR weather minimums. less (considering wind and forecast (a) Except as provided in paragraph weather conditions) there is enough (b) of this section and § 91.157, no per- fuel to fly to the first point of intended son may operate an aircraft under VFR landing and, assuming normal cruising speed— when the flight visibility is less, or at a distance from clouds that is less, (1) During the day, to fly after that 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 least 45 minutes. space in the following table: (b) No person may begin a flight in a Distance from rotorcraft under VFR conditions unless Airspace Flight visibility 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. to fly after that for at least 20 minutes. 2,000 feet hori- zontal. Class D ...... 3 statute miles ...... 500 feet below. § 91.153 VFR flight plan: Information 1,000 feet above. required. 2,000 feet hori- (a) Information required. Unless other- zontal. Class E: wise authorized by ATC, each person Less than 3 statute miles ...... 500 feet below. filing a VFR flight plan shall include in 10,000 feet 1,000 feet above. it the following information: MSL. 2,000 feet hori- (1) The aircraft identification num- zontal At or above 5 statute miles ...... 1,000 feet below. ber and, if necessary, its radio call 10,000 feet 1,000 feet above. sign. MSL. 1 statute mile (2) The type of the aircraft or, in the horizontal. case of a formation flight, the type of Class G: 1,200 feet or each aircraft and the number of air- less above craft in the formation. the surface (3) The full name and address of the (regardless of MSL alti- pilot in command or, in the case of a tude). formation flight, the formation com- Day, except as 1 statute mile ...... Clear of clouds. mander. provided in (4) The point and proposed time of de- § 91.155(b). Night, except as 3 statute miles ...... 500 feet below. parture. provided in 1,000 feet above. (5) The proposed route, cruising alti- § 91.155(b). 2,000 feet hori- tude (or flight level), and true airspeed zontal. at that altitude. More than 1,200 feet above the (6) The point of first intended landing surface but and the estimated elapsed time until less than over that point. 10,000 feet MSL (7) The amount of fuel on board (in Day ...... 1 statute mile ...... 500 feet below. hours). 1,000 feet above. (8) The number of persons in the air- 2,000 feet hori- craft, except where that information is zontal. Night ...... 3 statute miles ...... 500 feet below. otherwise readily available to the FAA. 1,000 feet above. (9) Any other information the pilot in 2,000 feet hori- command or ATC believes is necessary zontal. for ATC purposes.

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erations may be conducted under the Airspace Flight visibility Distance from clouds weather minimums and requirements More than 1,200 5 statute miles ...... 1,000 feet below. of this section, instead of those con- feet above the 1,000 feet above. tained in § 91.155, below 10,000 feet MSL surface and at 1 statute mile within the airspace contained by the or above horizontal. 10,000 feet upward extension of the lateral bound- MSL. aries of the controlled airspace des- ignated to the surface for an airport. (b) Class G Airspace. Notwithstanding (b) Special VFR operations may only the provisions of paragraph (a) of this be conducted— section, the following operations may (1) With an ATC clearance; be conducted in Class G airspace below (2) Clear of clouds; 1,200 feet above the surface: (3) Except for helicopters, when flight (1) Helicopter. A helicopter may be op- visibility is at least 1 statute mile; and erated clear of clouds if operated at a (4) Except for helicopters, between speed that allows the pilot adequate sunrise and sunset (or in Alaska, when opportunity to see any air traffic or ob- the sun is 6 degrees or more below the struction in time to avoid a collision. horizon) unless— (2) Airplane. When the visibility is (i) The person being granted the ATC less than 3 statute miles but not less clearance meets the applicable require- than 1 statute mile during night hours, ments for instrument flight under part an airplane may be operated clear of 61 of this chapter; and clouds if operated in an airport traffic (ii) The aircraft is equipped as re- pattern within one-half mile of the quired in § 91.205(d). runway. (c) No person may take off or land an (c) Except as provided in § 91.157, no aircraft (other than a helicopter) under person may operate an aircraft beneath special VFR— the ceiling under VFR within the lat- (1) Unless ground visibility is at least eral boundaries of controlled airspace 1 statute mile; or designated to the surface for an airport (2) If ground visibility is not re- when the ceiling is less than 1,000 feet. ported, unless flight visibility is at (d) Except as provided in § 91.157 of least 1 statute mile. For the purposes this part, no person may take off or of this paragraph, the term flight visi- land an aircraft, or enter the traffic bility includes the visibility from the pattern of an airport, under VFR, with- cockpit of an aircraft in takeoff posi- in the lateral boundaries of the surface tion if: areas of Class B, Class C, Class D, or (i) The flight is conducted under this Class E airspace designated for an air- part 91; and port— (ii) The airport at which the aircraft (1) Unless ground visibility at that is located is a satellite airport that airport is at least 3 statute miles; or does not have weather reporting capa- (2) If ground visibility is not reported bilities. at that airport, unless flight visibility (d) The determination of visibility by during landing or takeoff, or while op- a pilot in accordance with paragraph erating in the traffic pattern is at least (c)(2) of this section is not an official 3 statute miles. weather report or an official ground (e) For the purpose of this section, an visibility report. aircraft operating at the base altitude of a Class E airspace area is considered [Amdt. 91–235, 58 FR 51968, Oct. 5, 1993, as amended by Amdt. 91–247, 60 FR 66874, Dec. to be within the airspace directly 27, 1995; Amdt. 91–262, 65 FR 16116, Mar. 24, below that area. 2000] [Doc. No. 24458, 56 FR 65660, Dec. 17, 1991, as amended by Amdt. 91–235, 58 FR 51968, Oct. 5, § 91.159 VFR cruising altitude or flight 1993] level. Except while holding in a holding § 91.157 Special VFR weather mini- pattern of 2 minutes or less, or while mums. turning, each person operating an air- (a) Except as provided in appendix D, craft under VFR in level cruising flight section 3, of this part, special VFR op- more than 3,000 feet above the surface

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shall maintain the appropriate altitude (1) Part 97 of this chapter prescribes or flight level prescribed below, unless a standard instrument approach proce- otherwise authorized by ATC: dure to, or a special instrument ap- (a) When operating below 18,000 feet proach procedure has been issued by MSL and— the Administrator to the operator for, (1) On a magnetic course of zero de- the first airport of intended landing; grees through 179 degrees, any odd and thousand foot MSL altitude +500 feet (2) Appropriate weather reports or (such as 3,500, 5,500, or 7,500); or weather forecasts, or a combination of (2) On a magnetic course of 180 de- them, indicate the following: grees through 359 degrees, any even (i) For aircraft other than helicopters. thousand foot MSL altitude +500 feet For at least 1 hour before and for 1 (such as 4,500, 6,500, or 8,500). hour after the estimated time of ar- (b) When operating above 18,000 feet rival, the ceiling will be at least 2,000 MSL to flight level 290 (inclusive) feet above the airport elevation and and— the visibility will be at least 3 statute (1) On a magnetic course of zero de- miles. grees through 179 degrees, any odd (ii) For helicopters. At the estimated flight level +500 feet (such as 195, 215, time of arrival and for 1 hour after the or 235); or estimated time of arrival, the ceiling (2) On a magnetic course of 180 de- will be at least 1,000 feet above the air- grees through 359 degrees, any even port elevation, or at least 400 feet flight level +500 feet (such as 185, 205, above the lowest applicable approach or 225). minima, whichever is higher, and the visibility will be at least 2 statute (c) When operating above flight level miles. 290 and— (1) On a magnetic course of zero de- [Doc. No. 98-4390, 65 FR 3546, Jan. 21, 2000] grees through 179 degrees, any flight level, at 4,000-foot intervals, beginning § 91.169 IFR flight plan: Information at and including flight level 300 (such required. as flight level 300, 340, or 380); or (a) Information required. Unless other- (2) On a magnetic course of 180 de- wise authorized by ATC, each person grees through 359 degrees, any flight filing an IFR flight plan must include level, at 4,000-foot intervals, beginning in it the following information: at and including flight level 320 (such (1) Information required under § 91.153 as flight level 320, 360, or 400). (a) of this part; (2) Except as provided in paragraph §§ 91.161–91.165 [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

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estimated time of arrival, the ceiling § 91.171 VOR equipment check for IFR will be at least 1,000 feet above the air- operations. port elevation, or at least 400 feet (a) No person may operate a civil air- above the lowest applicable approach craft under IFR using the VOR system minima, whichever is higher, and the of radio navigation unless the VOR visibility will be at least 2 statute equipment of that aircraft— miles. (1) Is maintained, checked, and in- (c) IFR alternate airport weather mini- spected under an approved procedure; ma. Unless otherwise authorized by the or Administrator, no person may include an alternate airport in an IFR flight (2) Has been operationally checked plan unless appropriate weather re- within the preceding 30 days, and was ports or weather forecasts, or a com- found to be within the limits of the bination of them, indicate that, at the permissible indicated bearing error set estimated time of arrival at the alter- forth in paragraph (b) or (c) of this sec- nate airport, the ceiling and visibility tion. at that airport will be at or above the (b) Except as provided in paragraph following weather minima: (c) of this section, each person con- (1) If an instrument approach proce- ducting a VOR check under paragraph dure has been published in part 97 of (a)(2) of this section shall— this chapter, or a special instrument (1) Use, at the airport of intended de- approach procedure has been issued by parture, an FAA-operated or approved the Administrator to the operator, for test signal or a test signal radiated by that airport, the following minima: a certificated and appropriately rated (i) For aircraft other than helicopters: radio repair station or, outside the The alternate airport minima specified United States, a test signal operated or in that procedure, or if none are speci- approved by an appropriate authority fied the following standard approach to check the VOR equipment (the max- minima: imum permissible indicated bearing (A) For a precision approach procedure. error is plus or minus 4 degrees); or Ceiling 600 feet and visibility 2 statute (2) Use, at the airport of intended de- miles. parture, a point on the airport surface (B) For a nonprecision approach proce- designated as a VOR system check- dure. Ceiling 800 feet and visibility 2 point by the Administrator, or, outside statute miles. the United States, by an appropriate (ii) For helicopters: Ceiling 200 feet authority (the maximum permissible above the minimum for the approach bearing error is plus or minus 4 de- to be flown, and visibility at least 1 grees); statute mile but never less than the (3) If neither a test signal nor a des- minimum visibility for the approach to ignated checkpoint on the surface is be flown, and available, use an airborne checkpoint (2) If no instrument approach proce- designated by the Adninistrator or, dure has been published in part 97 of outside the United States, by an appro- this chapter and no special instrument priate authority (the maximum per- approach procedure has been issued by missible bearing error is plus or minus the Administrator to the operator, for 6 degrees); or the alternate airport, the ceiling and (4) If no check signal or point is visibility minima are those allowing available, while in flight— descent from the MEA, approach, and (i) Select a VOR radial that lies landing under basic VFR. along the centerline of an established (d) Cancellation. When a flight plan VOR airway; has been activated, the pilot in com- (ii) Select a prominent ground point mand, upon canceling or completing along the selected radial preferably the flight under the flight plan, shall more than 20 nautical miles from the notify an FAA Flight Service Station VOR ground facility and maneuver the or ATC facility. aircraft directly over the point at a [Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as reasonably low altitude; and amended by Amdt. 91–259, 65 FR 3546, Jan. 21, (iii) Note the VOR bearing indicated 2000] by the receiver when over the ground

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point (the maximum permissible vari- MDA, the authorized DH or MDA is the ation between the published radial and highest of the following: the indicated bearing is 6 degrees). (1) The DH or MDA prescribed by the (c) If dual system VOR (units inde- approach procedure. pendent of each other except for the (2) The DH or MDA prescribed for the antenna) is installed in the aircraft, pilot in command. the person checking the equipment (3) The DH or MDA for which the air- may check one system against the craft is equipped. other in place of the check procedures (c) Operation below DH or MDA. specified in paragraph (b) of this sec- Where a DH or MDA is applicable, no tion. Both systems shall be tuned to pilot may operate an aircraft, except a the same VOR ground facility and note military aircraft of the United States, the indicated bearings to that station. at any airport below the authorized The maximum permissible variation MDA or continue an approach below between the two indicated bearings is 4 the authorized DH unless— degrees. (1) The aircraft is continuously in a (d) Each person making the VOR position from which a descent to a operational check, as specified in para- landing on the intended runway can be graph (b) or (c) of this section, shall made at a normal rate of descent using enter the date, place, bearing error, normal maneuvers, and for operations and sign the aircraft log or other conducted under part 121 or part 135 un- record. In addition, if a test signal ra- less that descent rate will allow touch- diated by a repair station, as specified down to occur within the touchdown in paragraph (b)(1) of this section, is zone of the runway of intended landing; used, an entry must be made in the air- (2) The flight visibility is not less craft log or other record by the repair than the visibility prescribed in the station certificate holder or the certifi- standard instrument approach being cate holder’s representative certifying used; and to the bearing transmitted by the re- (3) Except for a Category II or Cat- pair station for the check and the date egory III approach where any necessary of transmission. visual reference requirements are spec- (Approved by the Office of Management and ified by the Administrator, at least one Budget under control number 2120–0005) of the following visual references for the intended runway is distinctly visi- § 91.173 ATC clearance and flight plan ble and identifiable to the pilot: required. (i) The approach light system, except No person may operate an aircraft in that the pilot may not descend below controlled airspace under IFR unless 100 feet above the touchdown zone ele- that person has— vation using the approach lights as a (a) Filed an IFR flight plan; and reference unless the red terminating (b) Received an appropriate ATC bars or the red side row bars are also clearance. distinctly visible and identifiable. § 91.175 Takeoff and landing under (ii) The threshold. IFR. (iii) The threshold markings. (a) Instrument approaches to civil air- (iv) The threshold lights. ports. (v) The runway end identifier lights. Unless otherwise authorized by the (vi) The visual approach slope indi- Administrator, when an instrument cator. letdown to a civil airport is necessary, (vii) The touchdown zone or touch- each person operating an aircraft, ex- down zone markings. cept a military aircraft of the United (viii) The touchdown zone lights. States, shall use a standard instrument (ix) The runway or runway markings. approach procedure prescribed for the (x) The runway lights. airport in part 97 of this chapter. (d) Landing. No pilot operating an (b) Authorized DH or MDA. For the aircraft, except a military aircraft of purpose of this section, when the ap- the United States, may land that air- proach procedure being used provides craft when the flight visibility is less for and requires the use of a DH or than the visibility prescribed in the

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standard instrument approach proce- minimums for takeoff or landing are dure being used. prescribed in an instrument approach (e) Missed approach procedures. Each procedure, but RVR is not reported for pilot operating an aircraft, except a the runway of intended operation, the military aircraft of the United States, RVR minimum shall be converted to shall immediately execute an appro- ground visibility in accordance with priate missed approach procedure when the table in paragraph (h)(2) of this sec- either of the following conditions exist: tion and shall be the visibility min- (1) Whenever the requirements of imum for takeoff or landing on that paragraph (c) of this section are not runway. met at either of the following times: (2) (i) When the aircraft is being oper- Visibility ated below MDA; or RVR (feet) (statute (ii) Upon arrival at the missed ap- miles) proach point, including a DH where a 1,600 ...... 1⁄4 DH is specified and its use is required, 2,400 ...... 1⁄2 and at any time after that until touch- 3,200 ...... 5⁄8 down. 4,000 ...... 3⁄4 4,500 ...... 7⁄8 (2) Whenever an identifiable part of 5,000 ...... 1 the airport is not distinctly visible to 6,000 ...... 11⁄4 the pilot during a circling maneuver at or above MDA, unless the inability to (i) Operations on unpublished routes see an identifiable part of the airport and use of radar in instrument approach results only from a normal bank of the procedures. When radar is approved at aircraft during the circling approach. certain locations for ATC purposes, it (f) Civil airport takeoff minimums. Un- may be used not only for surveillance less otherwise authorized by the Ad- and precision radar approaches, as ap- ministrator, no pilot operating an air- plicable, but also may be used in con- craft under parts 121, 125, 129, or 135 of junction with instrument approach this chapter may take off from a civil procedures predicated on other types of airport under IFR unless weather con- radio navigational aids. Radar vectors ditions are at or above the weather may be authorized to provide course minimum for IFR takeoff prescribed guidance through the segments of an for that airport under part 97 of this approach to the final course or fix. chapter. If takeoff minimums are not When operating on an unpublished prescribed under part 97 of this chapter route or while being radar vectored, for a particular airport, the following the pilot, when an approach clearance minimums apply to takeoffs under IFR is received, shall, in addition to com- for aircraft operating under those plying with § 91.177, maintain the last parts: altitude assigned to that pilot until the (1) For aircraft, other than heli- aircraft is established on a segment of copters, having two engines or less—1 a published route or instrument ap- statute mile visibility. proach procedure unless a different al- (2) For aircraft having more than two titude is assigned by ATC. After the engines—1⁄2 statute mile visibility. aircraft is so established, published al- (3) For helicopters—1⁄2 statute mile titudes apply to descent within each visibility. succeeding route or approach segment (g) Military airports. Unless otherwise unless a different altitude is assigned prescribed by the Administrator, each by ATC. Upon reaching the final ap- person operating a civil aircraft under proach course or fix, the pilot may ei- IFR into or out of a military airport ther complete the instrument approach shall comply with the instrument ap- in accordance with a procedure ap- proach procedures and the takeoff and proved for the facility or continue a landing minimum prescribed by the surveillance or precision radar ap- military authority having jurisdiction proach to a landing. of that airport. (j) Limitation on procedure turns. In (h) Comparable values of RVR and the case of a radar vector to a final ap- ground visibility. (1) Except for Category proach course or fix, a timed approach II or Category III minimums, if RVR from a holding fix, or an approach for

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which the procedure specifies ‘‘No PT,’’ that minimum altitude applies, except no pilot may make a procedure turn that when ground obstructions inter- unless cleared to do so by ATC. vene, the point beyond which that (k) ILS components. The basic ground higher minimum altitude applies shall components of an ILS are the localizer, be crossed at or above the applicable glide slope, outer marker, middle MCA. marker, and, when installed for use with Category II or Category III instru- § 91.179 IFR cruising altitude or flight ment approach procedures, an inner level. marker. A compass locator or precision radar may be substituted for the outer (a) In controlled airspace. Each person or middle marker. DME, VOR, or non- operating an aircraft under IFR in directional beacon fixes authorized in level cruising flight in controlled air- the standard instrument approach pro- space shall maintain the altitude or cedure or surveillance radar may be flight level assigned that aircraft by substituted for the outer marker. Ap- ATC. However, if the ATC clearance as- plicability of, and substitution for, the signs ‘‘VFR conditions on-top,’’ that inner marker for Category II or III ap- person shall maintain an altitude or proaches is determined by the appro- flight level as prescribed by § 91.159. priate part 97 approach procedure, let- (b) In uncontrolled airspace. Except ter of authorization, or operations while in a holding pattern of 2 minutes specification pertinent to the oper- or less or while turning, each person ations. operating an aircraft under IFR in [Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as level cruising flight in uncontrolled amended by Amdt. 91–267, 66 FR 21066, Apr. airspace shall maintain an appropriate 27, 2001] altitude as follows: (1) When operating below 18,000 feet § 91.177 Minimum altitudes for IFR op- erations. MSL and— (i) On a magnetic course of zero de- (a) Operation of aircraft at minimum al- grees through 179 degrees, any odd titudes. Except when necessary for thousand foot MSL altitude (such as takeoff or landing, no person may oper- ate an aircraft under IFR below— 3,000, 5,000, or 7,000); or (1) The applicable minimum altitudes (ii) On a magnetic course of 180 de- prescribed in parts 95 and 97 of this grees through 359 degrees, any even chapter; or thousand foot MSL altitude (such as (2) If no applicable minimum altitude 2,000, 4,000, or 6,000). is prescribed in those parts— (2) When operating at or above 18,000 (i) In the case of operations over an feet MSL but below flight level 290, area designated as a mountainous area and— in part 95, an altitude of 2,000 feet (i) On a magnetic course of zero de- above the highest obstacle within a grees through 179 degrees, any odd horizontal distance of 4 nautical miles flight level (such as 190, 210, or 230); or from the course to be flown; or (ii) On a magnetic course of 180 de- (ii) In any other case, an altitude of grees through 359 degrees, any even 1,000 feet above the highest obstacle flight level (such as 180, 200, or 220). within a horizontal distance of 4 nau- (3) When operating at flight level 290 tical miles from the course to be flown. and above, and— However, if both a MEA and a MOCA (i) On a magnetic course of zero de- are prescribed for a particular route or grees through 179 degrees, any flight route segment, a person may operate level, at 4,000-foot intervals, beginning an aircraft below the MEA down to, but not below, the MOCA, when within at and including flight level 290 (such 22 nautical miles of the VOR concerned as flight level 290, 330, or 370); or (based on the pilot’s reasonable esti- (ii) On a magnetic course of 180 de- mate of that distance). grees through 359 degrees, any flight (b) Climb. Climb to a higher minimum level, at 4,000-foot intervals, beginning IFR altitude shall begin immediately at and including flight level 310 (such after passing the point beyond which as flight level 310, 350, or 390).

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§ 91.181 Course to be flown. ure to the fix, route, or airway speci- Unless otherwise authorized by ATC, fied in the vector clearance; no person may operate an aircraft (iii) In the absence of an assigned within controlled airspace under IFR route, by the route that ATC has ad- except as follows: vised may be expected in a further (a) On a Federal airway, along the clearance; or centerline of that airway. (iv) In the absence of an assigned (b) On any other route, along the di- route or a route that ATC has advised rect course between the navigational may be expected in a further clearance, aids or fixes defining that route. How- by the route filed in the flight plan. ever, this section does not prohibit ma- (2) Altitude. At the highest of the fol- neuvering the aircraft to pass well lowing altitudes or flight levels for the clear of other air traffic or the maneu- route segment being flown: vering of the aircraft in VFR condi- (i) The altitude or flight level as- tions to clear the intended flight path signed in the last ATC clearance re- both before and during climb or de- ceived; scent. (ii) The minimum altitude (con- verted, if appropriate, to minimum § 91.183 IFR radio communications. flight level as prescribed in § 91.121(c)) The pilot in command of each air- for IFR operations; or craft operated under IFR in controlled (iii) The altitude or flight level ATC airspace shall have a continuous watch has advised may be expected in a fur- maintained on the appropriate fre- ther clearance. quency and shall report by radio as (3) Leave clearance limit. (i) When the soon as possible— clearance limit is a fix from which an (a) The time and altitude of passing approach begins, commence descent or each designated reporting point, or the descent and approach as close as pos- reporting points specified by ATC, ex- sible to the expect-further-clearance cept that while the aircraft is under time if one has been received, or if one radar control, only the passing of those has not been received, as close as pos- reporting points specifically requested sible to the estimated time of arrival by ATC need be reported; as calculated from the filed or amended (b) Any unforecast weather condi- (with ATC) estimated time en route. tions encountered; and (ii) If the clearance limit is not a fix (c) Any other information relating to from which an approach begins, leave the safety of flight. the clearance limit at the expect-fur- § 91.185 IFR operations: Two-way ther-clearance time if one has been re- radio communications failure. ceived, or if none has been received, upon arrival over the clearance limit, (a) General. Unless otherwise author- and proceed to a fix from which an ap- ized by ATC, each pilot who has two- proach begins and commence descent way radio communications failure or descent and approach as close as when operating under IFR shall comply possible to the estimated time of ar- with the rules of this section. rival as calculated from the filed or (b) VFR conditions. If the failure oc- amended (with ATC) estimated time en curs in VFR conditions, or if VFR con- route. ditions are encountered after the fail- ure, each pilot shall continue the flight [Doc. No. 18334, 54 FR 34294, Aug. 18, 1989; under VFR and land as soon as prac- Amdt. 91–211, 54 FR 41211, Oct. 5, 1989] ticable. (c) IFR conditions. If the failure oc- § 91.187 Operation under IFR in con- curs in IFR conditions, or if paragraph trolled airspace: Malfunction re- (b) of this section cannot be complied ports. with, each pilot shall continue the (a) The pilot in command of each air- flight according to the following: craft operated in controlled airspace (1) Route. (i) By the route assigned in under IFR shall report as soon as prac- the last ATC clearance received; tical to ATC any malfunctions of navi- (ii) If being radar vectored, by the di- gational, approach, or communication rect route from the point of radio fail- equipment occurring in flight.

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(b) In each report required by para- mal rate of descent using normal ma- graph (a) of this section, the pilot in neuvers, and where that descent rate command shall include the— will allow touchdown to occur within (1) Aircraft identification; the touchdown zone of the runway of (2) Equipment affected; intended landing. (3) Degree to which the capability of (2) At least one of the following vis- the pilot to operate under IFR in the ual references for the intended runway ATC system is impaired; and is distinctly visible and identifiable to (4) Nature and extent of assistance the pilot: desired from ATC. (i) The approach light system, except that the pilot may not descend below § 91.189 Category II and III operations: 100 feet above the touchdown zone ele- General operating rules. vation using the approach lights as a (a) No person may operate a civil air- reference unless the red terminating craft in a Category II or III operation bars or the red side row bars are also unless— distinctly visible and identifiable. (1) The flight crew of the aircraft (ii) The threshold. consists of a pilot in command and a (iii) The threshold markings. second in command who hold the ap- (iv) The threshold lights. propriate authorizations and ratings (v) The touchdown zone or touch- prescribed in § 61.3 of this chapter; down zone markings. (2) Each flight crewmember has ade- (vi) The touchdown zone lights. quate knowledge of, and familiarity (e) Unless otherwise authorized by with, the aircraft and the procedures to the Administrator, each pilot oper- be used; and ating an aircraft shall immediately (3) The instrument panel in front of execute an appropriate missed ap- the pilot who is controlling the aircraft proach whenever, prior to touchdown, has appropriate instrumentation for the requirements of paragraph (d) of the type of flight control guidance sys- this section are not met. tem that is being used. (f) No person operating an aircraft (b) Unless otherwise authorized by using a Category III approach without the Administrator, no person may op- decision height may land that aircraft erate a civil aircraft in a Category II or except in accordance with the provi- Category III operation unless each sions of the letter of authorization ground component required for that op- issued by the Administrator. eration and the related airborne equip- (g) Paragraphs (a) through (f) of this ment is installed and operating. section do not apply to operations con- (c) Authorized DH. For the purpose of ducted by the holders of certificates this section, when the approach proce- issued under part 121, 125, 129, or 135 of dure being used provides for and re- this chapter. No person may operate a quires the use of a DH, the authorized civil aircraft in a Category II or Cat- DH is the highest of the following: egory III operation conducted by the (1) The DH prescribed by the ap- holder of a certificate issued under part proach procedure. 121, 125, 129, or 135 of this chapter un- (2) The DH prescribed for the pilot in less the operation is conducted in ac- command. cordance with that certificate holder’s (3) The DH for which the aircraft is operations specifications. equipped. (d) Unless otherwise authorized by § 91.191 Category II and Category III the Administrator, no pilot operating manual. an aircraft in a Category II or Category (a) Except as provided in paragraph III approach that provides and requires (c) of this section, after August 4, 1997, use of a DH may continue the approach no person may operate a U.S.-reg- below the authorized decision height istered civil aircraft in a Category II or unless the following conditions are a Category III operation unless— met: (1) There is available in the aircraft a (1) The aircraft is in a position from current and approved Category II or which a descent to a landing on the in- Category III manual, as appropriate, tended runway can be made at a nor- for that aircraft;

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(2) The operation is conducted in ac- worthiness certificate used to comply cordance with the procedures, instruc- with this subparagraph (except a spe- tions, and limitations in the appro- cial flight permit, a copy of the appli- priate manual; and cable operations specifications issued (3) The instruments and equipment under § 21.197(c) of this chapter, appro- listed in the manual that are required priate sections of the air carrier man- for a particular Category II or Cat- ual required by parts 121 and 135 of this egory III operation have been inspected chapter containing that portion of the and maintained in accordance with the operations specifications issued under maintenance program contained in the § 21.197(c), or an authorization under manual. § 91.611) must have on it the registra- (b) Each operator must keep a cur- tion number assigned to the aircraft rent copy of each approved manual at under part 47 of this chapter. However, its principal base of operations and the airworthiness certificate need not must make each manual available for inspection upon request by the Admin- have on it an assigned special identi- istrator. fication number before 10 days after (c) This section does not apply to op- that number is first affixed to the air- erations conducted by a holder of a cer- craft. A revised airworthiness certifi- tificate issued under part 121 or part cate having on it an assigned special 135 of this chapter. identification number, that has been affixed to an aircraft, may only be ob- [Doc. No. 26933, 61 FR 34560, July 2, 1996] tained upon application to an FAA § 91.193 Certificate of authorization Flight Standards district office. for certain Category II operations. (2) An effective U.S. registration cer- The Administrator may issue a cer- tificate issued to its owner or, for oper- tificate of authorization authorizing ation within the United States, the deviations from the requirements of second duplicate copy (pink) of the Air- §§ 91.189, 91.191, and 91.205(f) for the op- craft Registration Application as pro- eration of small aircraft identified as vided for in § 47.31(b), or a registration Category A aircraft in § 97.3 of this certificate issued under the laws of a chapter in Category II operations if the foreign country. Administrator finds that the proposed (b) No person may operate a civil air- operation can be safely conducted craft unless the airworthiness certifi- under the terms of the certificate. cate required by paragraph (a) of this Such authorization does not permit op- section or a special flight authoriza- eration of the aircraft carrying persons tion issued under § 91.715 is displayed at or property for compensation or hire. the cabin or cockpit entrance so that it is legible to passengers or crew. §§ 91.195–91.199 [Reserved] (c) No person may operate an aircraft with a fuel tank installed within the Subpart C—Equipment, Instru- passenger compartment or a baggage ment, and Certificate Re- compartment unless the installation quirements was accomplished pursuant to part 43 of this chapter, and a copy of FAA SOURCE: Docket No. 18334, 54 FR 34304, Aug. Form 337 authorizing that installation 18, 1989, unless otherwise noted. is on board the aircraft. (d) No person may operate a civil air- § 91.201 [Reserved] plane (domestic or foreign) into or out § 91.203 Civil aircraft: Certifications of an airport in the United States un- required. less it complies with the fuel venting (a) Except as provided in § 91.715, no and exhaust emissions requirements of person may operate a civil aircraft un- part 34 of this chapter. less it has within it the following: [Doc. No. 18334, 54 FR 34292, Aug. 18, 1989, as (1) An appropriate and current air- amended by Amdt. 91–218, 55 FR 32861, Aug. worthiness certificate. Each U.S. air- 10, 1990]

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

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light standards of part 23, 25, 27, or 29 of this section, no person may operate of this chapter, as applicable, that were a U.S.-registered civil aircraft within in effect on August 10, 1971, except that the 50 states and the District of Colum- the color may be either aviation red or bia at or above FL 240 unless that air- aviation white. In the event of failure craft is equipped with approved dis- of any light of the anticollision light tance measuring equipment (DME). system, operations with the aircraft When DME required by this paragraph may be continued to a stop where re- fails at and above FL 240, the pilot in pairs or replacement can be made. command of the aircraft shall notify (4) If the aircraft is operated for hire, ATC immediately, and then may con- one electric landing light. tinue operations at and above FL 240 to (5) An adequate source of electrical the next airport of intended landing at energy for all installed electrical and which repairs or replacement of the radio equipment. equipment can be made. (6) One spare set of fuses, or three (f) Category II operations. The require- spare fuses of each kind required, that ments for Category II operations are are accessible to the pilot in flight. the instruments and equipment speci- (d) Instrument flight rules. For IFR fied in— flight, the following instruments and (1) Paragraph (d) of this section; and equipment are required: (2) Appendix A to this part. (1) Instruments and equipment speci- (g) Category III operations. The instru- fied in paragraph (b) of this section, ments and equipment required for Cat- and, for night flight, instruments and egory III operations are specified in equipment specified in paragraph (c) of paragraph (d) of this section. this section. (h) Exclusions. Paragraphs (f) and (g) (2) Two-way radio communications of this section do not apply to oper- system and navigational equipment ap- ations conducted by a holder of a cer- propriate to the ground facilities to be tificate issued under part 121 or part used. 135 of this chapter. (3) Gyroscopic rate-of-turn indicator, except on the following aircraft: [Doc. No. 18334, 54 FR 34292, Aug. 18, 1989, as (i) Airplanes with a third attitude in- amended by Amdt. 91–220, 55 FR 43310, Oct. strument system usable through flight 26, 1990; Amdt. 91–223, 56 FR 41052, Aug. 16, attitudes of 360 degrees of pitch and 1991; Amdt. 91–231, 57 FR 42672, Sept. 15, 1992; roll and installed in accordance with Amdt. 91–248, 61 FR 5171, Feb. 9, 1996; Amdt. 91–251, 61 FR 34560, July 2, 1996] the instrument requirements pre- scribed in § 121.305(j) of this chapter; § 91.207 Emergency locator transmit- and ters. (ii) Rotorcraft with a third attitude instrument system usable through (a) Except as provided in paragraphs flight attitudes of ±80 degrees of pitch (e) and (f) of this section, no person and ±120 degrees of roll and installed in may operate a U.S.-registered civil air- accordance with § 29.1303(g) of this plane unless— chapter. (1) There is attached to the airplane (4) Slip-skid indicator. an approved automatic type emergency (5) Sensitive altimeter adjustable for locator transmitter that is in operable barometric pressure. condition for the following operations, (6) A clock displaying hours, min- except that after June 21, 1995, an utes, and seconds with a sweep-second emergency locator transmitter that pointer or digital presentation. meets the requirements of TSO-C91 (7) Generator or alternator of ade- may not be used for new installations: quate capacity. (i) Those operations governed by the (8) Gyroscopic pitch and bank indi- supplemental air carrier and commer- cator (artificial horizon). cial operator rules of parts 121 and 125; (9) Gyroscopic direction indicator (di- (ii) Charter flights governed by the rectional gyro or equivalent). domestic and flag air carrier rules of (e) Flight at and above 24,000 ft. MSL part 121 of this chapter; and (FL 240). If VOR navigational equip- (iii) Operations governed by part 135 ment is required under paragraph (d)(2) of this chapter; or

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(2) For operations other than those gency locator transmitter is to be in- specified in paragraph (a)(1) of this sec- stalled; and tion, there must be attached to the air- (2) Ferry an airplane with an inoper- plane an approved personal type or an ative emergency locator transmitter approved automatic type emergency from a place where repairs or replace- locator transmitter that is in operable ments cannot be made to a place where condition, except that after June 21, they can be made. 1995, an emergency locator transmitter No person other than required crew- that meets the requirements of TSO- members may be carried aboard an air- C91 may not be used for new installa- plane being ferried under paragraph (e) tions. of this section. (b) Each emergency locator trans- (f) Paragraph (a) of this section does mitter required by paragraph (a) of this not apply to— section must be attached to the air- (1) Before January 1, 2004, turbojet- plane in such a manner that the prob- powered aircraft; ability of damage to the transmitter in (2) Aircraft while engaged in sched- the event of crash impact is minimized. uled flights by scheduled air carriers; Fixed and deployable automatic type 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; be replaced (or recharged, if the bat- (4) Aircraft while engaged in flight teries are rechargeable)— operations incident to design and test- (1) When the transmitter has been in ing; use for more than 1 cumulative hour; (5) New aircraft while engaged in or flight operations incident to their man- (2) When 50 percent of their useful ufacture, preparation, and delivery; life (or, for rechargeable batteries, 50 (6) Aircraft while engaged in flight percent of their useful life of charge) operations incident to the aerial appli- has expired, as established by the cation of chemicals and other sub- transmitter manufacturer under its ap- stances for agricultural purposes; proval. (7) Aircraft certificated by the Ad- The new expiration date for replacing ministrator for research and develop- (or recharging) the battery must be ment purposes; legibly marked on the outside of the (8) Aircraft while used for showing transmitter and entered in the aircraft compliance with regulations, crew maintenance record. Paragraph (c)(2) training, exhibition, air racing, or mar- of this section does not apply to bat- ket surveys; teries (such as water-activated bat- (9) Aircraft equipped to carry not teries) that are essentially unaffected more than one person. during probable storage intervals. (10) An aircraft during any period for (d) Each emergency locator trans- which the transmitter has been tempo- mitter required by paragraph (a) of this rarily removed for inspection, repair, section must be inspected within 12 modification, or replacement, subject calendar months after the last inspec- to the following: tion for— (i) No person may operate the air- (1) Proper installation; craft unless the aircraft records con- (2) Battery corrosion; tain an entry which includes the date (3) Operation of the controls and of initial removal, the make, model, se- crash sensor; and rial number, and reason for removing (4) The presence of a sufficient signal the transmitter, and a placard located radiated from its antenna. in view of the pilot to show ‘‘ELT not (e) Notwithstanding paragraph (a) of installed.’’ this section, a person may— (ii) No person may operate the air- (1) Ferry a newly acquired airplane craft more than 90 days after the ELT from the place where possession of it is initially removed from the aircraft; was taken to a place where the emer- and

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(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 operations area of an airport unless the and sealed and that either supplies ox- aircraft— ygen at all times or automatically sup- (i) Is clearly illuminated; plies oxygen whenever the cabin pres- (ii) Has lighted position lights; or sure altitude of the airplane exceeds (iii) is in an area that is marked by 14,000 feet (MSL), except that the one obstruction lights; pilot need not wear and use an oxygen (3) Anchor an aircraft unless the air- mask while at or below flight level 410 craft— if there are two pilots at the controls (i) Has lighted anchor lights; or and each pilot has a quick-donning (ii) Is in an area where anchor lights type of oxygen mask that can be placed are not required on vessels; or on the face with one hand from the (b) Operate an aircraft that is ready position within 5 seconds, sup- equipped with an anticollision light plying oxygen and properly secured and system, unless it has lighted anti- sealed. collision lights. However, the anti- (2) Notwithstanding paragraph collision lights need not be lighted (b)(1)(ii) of this section, if for any rea- when the pilot-in-command determines son at any time it is necessary for one that, because of operating conditions, pilot to leave the controls of the air- it would be in the interest of safety to craft when operating at flight altitudes turn the lights off. above flight level 350, the remaining [Doc. No. 27806, 61 FR 5171, Feb. 9, 1996] pilot at the controls shall put on and use an oxygen mask until the other § 91.211 Supplemental oxygen. pilot has returned to that crew- (a) General. No person may operate a member’s station. civil aircraft of U.S. registry— (1) At cabin pressure altitudes above § 91.213 Inoperative instruments and 12,500 feet (MSL) up to and including equipment. 14,000 feet (MSL) unless the required (a) Except as provided in paragraph minimum flight crew is provided with (d) of this section, no person may take and uses supplemental oxygen for that off an aircraft with inoperative instru- part of the flight at those altitudes ments or equipment installed unless that is of more than 30 minutes dura- the following conditions are met: tion; (1) An approved Minimum Equipment (2) At cabin pressure altitudes above List exists for that aircraft. 14,000 feet (MSL) unless the required (2) The aircraft has within it a letter minimum flight crew is provided with of authorization, issued by the FAA and uses supplemental oxygen during Flight Standards district office having

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jurisdiction over the area in which the and equipment without an approved operator is located, authorizing oper- Minimum Equipment List provided— ation of the aircraft under the Min- (1) The flight operation is conducted imum Equipment List. The letter of in a— authorization may be obtained by writ- (i) Rotorcraft, nonturbine-powered ten request of the airworthiness certifi- airplane, glider, or lighter-than-air air- cate holder. The Minimum Equipment craft for which a master Minimum List and the letter of authorization Equipment List has not been devel- constitute a supplemental type certifi- oped; or cate for the aircraft. (ii) Small rotorcraft, nonturbine- (3) The approved Minimum Equip- powered small airplane, glider, or ment List must— lighter-than-air aircraft for which a (i) Be prepared in accordance with Master Minimum Equipment List has the limitations specified in paragraph been developed; and (b) of this section; and (2) The inoperative instruments and (ii) Provide for the operation of the equipment are not— aircraft with the instruments and (i) Part of the VFR-day type certifi- equipment in an inoperable condition. cation instruments and equipment pre- (4) The aircraft records available to scribed in the applicable airworthiness the pilot must include an entry de- regulations under which the aircraft scribing the inoperable instruments was type certificated; and equipment. (ii) Indicated as required on the air- (5) The aircraft is operated under all craft’s equipment list, or on the Kinds applicable conditions and limitations of Operations Equipment List for the contained in the Minimum Equipment kind of flight operation being con- List and the letter authorizing the use ducted; of the list. (iii) Required by § 91.205 or any other (b) The following instruments and rule of this part for the specific kind of equipment may not be included in a flight operation being conducted; or Minimum Equipment List: (iv) Required to be operational by an (1) Instruments and equipment that airworthiness directive; and are either specifically or otherwise re- quired by the airworthiness require- (3) The inoperative instruments and ments under which the aircraft is type equipment are— certificated and which are essential for (i) Removed from the aircraft, the safe operations under all operating cockpit control placarded, and the conditions. maintenance recorded in accordance (2) Instruments and equipment re- with § 43.9 of this chapter; or quired by an airworthiness directive to (ii) Deactivated and placarded ‘‘Inop- be in operable condition unless the air- erative.’’ If deactivation of the inoper- worthiness directive provides other- ative instrument or equipment in- wise. volves maintenance, it must be accom- (3) Instruments and equipment re- plished and recorded in accordance quired for specific operations by this with part 43 of this chapter; and part. (4) A determination is made by a (c) A person authorized to use an ap- pilot, who is certificated and appro- proved Minimum Equipment List priately rated under part 61 of this issued for a specific aircraft under part chapter, or by a person, who is certifi- 121, 125, or 135 of this chapter shall use cated and appropriately rated to per- that Minimum Equipment List in con- form maintenance on the aircraft, that nection with operations conducted the inoperative instrument or equip- with that aircraft under this part with- ment does not constitute a hazard to out additional approval requirements. the aircraft. (d) Except for operations conducted An aircraft with inoperative instru- in accordance with paragraph (a) or (c) ments or equipment as provided in of this section, a person may takeoff an paragraph (d) of this section is consid- aircraft in operations conducted under ered to be in a properly altered condi- this part with inoperative instruments tion acceptable to the Administrator.

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(e) Notwithstanding any other provi- 1 of this part provided such operations sion of this section, an aircraft with in- are conducted— operable instruments or equipment (i) Outside any Class A, Class B, or may be operated under a special flight Class C airspace area; and permit issued in accordance with (ii) Below the altitude of the ceiling §§ 21.197 and 21.199 of this chapter. of a Class B or Class C airspace area designated for an airport or 10,000 feet § 91.215 ATC transponder and altitude MSL, whichever is lower; and reporting equipment and use. (4) All aircraft in all airspace above (a) All airspace: U.S.-registered civil the ceiling and within the lateral aircraft. For operations not conducted boundaries of a Class B or Class C air- under part 121 or 135 of this chapter, space area designated for an airport up- ATC transponder equipment installed ward to 10,000 feet MSL; and must meet the performance and envi- (5) All aircraft except any aircraft ronmental requirements of any class of which was not originally certificated TSO–C74b (Mode A) or any class of with an engine-driven electrical sys- TSO–C74c (Mode A with altitude re- tem or which has not subsequently porting capability) as appropriate, or been certified with such a system in- the appropriate class of TSO–C112 stalled, balloon, or glider—— (Mode S). (i) In all airspace of the 48 contiguous states and the District of Columbia at (b) All airspace. Unless otherwise au- and above 10,000 feet MSL, excluding thorized or directed by ATC, no person the airspace at and below 2,500 feet may operate an aircraft in the airspace above the surface; and described in paragraphs (b)(1) through (ii) In the airspace from the surface (b)(5) of this section, unless that air- to 10,000 feet MSL within a 10-nautical- craft is equipped with an operable mile radius of any airport listed in ap- coded radar beacon transponder having pendix D, section 2 of this part, exclud- either Mode 3/A 4096 code capability, ing the airspace below 1,200 feet outside replying to Mode 3/A interrogations of the lateral boundaries of the surface with the code specified by ATC, or a area of the airspace designated for that Mode S capability, replying to Mode 3/ airport. A interrogations with the code speci- (c) Transponder-on operation. While in fied by ATC and intermode and Mode S the airspace as specified in paragraph interrogations in accordance with the (b) of this section or in all controlled applicable provisions specified in TSO airspace, each person operating an air- C–112, and that aircraft is equipped craft equipped with an operable ATC with automatic pressure altitude re- transponder maintained in accordance porting equipment having a Mode C ca- with § 91.413 of this part shall operate pability that automatically replies to the transponder, including Mode C Mode C interrogations by transmitting equipment if installed, and shall reply pressure altitude information in 100- on the appropriate code or as assigned foot increments. This requirement ap- by ATC. plies— (d) ATC authorized deviations. Re- (1) All aircraft. In Class A, Class B, quests for ATC authorized deviations and Class C airspace areas; must be made to the ATC facility hav- (2) All aircraft. In all airspace within ing jurisdiction over the concerned air- 30 nautical miles of an airport listed in space within the time periods specified appendix D, section 1 of this part from as follows: the surface upward to 10,000 feet MSL; (1) For operation of an aircraft with (3) Notwithstanding paragraph (b)(2) an operating transponder but without of this section, any aircraft which was operating automatic pressure altitude not originally certificated with an en- reporting equipment having a Mode C gine-driven electrical system or which capability, the request may be made at has not subsequently been certified any time. with such a system installed, balloon (2) For operation of an aircraft with or glider may conduct operations in an inoperative transponder to the air- the airspace within 30 nautical miles of port of ultimate destination, including an airport listed in appendix D, section any intermediate stops, or to proceed

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to a place where suitable repairs can be nals in sufficient time to establish made or both, the request may be made level flight at that preselected alti- at any time. tude; or (3) For operation of an aircraft that (ii) Upon approaching a preselected is not equipped with a transponder, the altitude in either ascent or descent, by request must be made at least one hour a sequence of visual signals in suffi- before the proposed operation. cient time to establish level flight at (Approved by the Office of Management and that preselected altitude, and when de- Budget under control number 2120–0005) viating above and below that [Doc. No. 18334, 54 FR 34304, Aug. 18, 1989, as preselected altitude, by an aural sig- amended by Amdt. 91–221, 56 FR 469, Jan. 4, nal; 1991; Amdt. 91–227, 56 FR 65660, Dec. 17, 1991; (2) Provide the required signals from Amdt. 91–227, 7 FR 328, Jan. 3, 1992; Amdt. 91– sea level to the highest operating alti- 229, 57 FR 34618, Aug. 5, 1992; Amdt. 91–267, 66 tude approved for the airplane in which FR 21066, Apr. 27, 2001] it is installed; § 91.217 Data correspondence between (3) Preselect altitudes in increments automatically reported pressure al- that are commensurate with the alti- titude data and the pilot’s altitude tudes at which the aircraft is operated; reference. (4) Be tested without special equip- No person may operate any auto- ment to determine proper operation of matic pressure altitude reporting the alerting signals; and equipment associated with a radar bea- (5) Accept necessary barometric pres- con transponder— sure settings if the system or device (a) When deactivation of that equip- operates on barometric pressure. How- ment is directed by ATC; ever, for operation below 3,000 feet (b) Unless, as installed, that equip- AGL, the system or device need only ment was tested and calibrated to provide one signal, either visual or transmit altitude data corresponding aural, to comply with this paragraph. within 125 feet (on a 95 percent prob- A radio altimeter may be included to ability basis) of the indicated or cali- brated datum of the altimeter nor- provide the signal if the operator has mally used to maintain flight altitude, an approved procedure for its use to de- with that altimeter referenced to 29.92 termine DH or MDA, as appropriate. inches of mercury for altitudes from (c) Each operator to which this sec- sea level to the maximum operating al- tion applies must establish and assign titude of the aircraft; or procedures for the use of the altitude (c) Unless the altimeters and alerting system or device and each digitizers in that equipment meet the flight crewmember must comply with standards of TSO–C10b and TSO–C88, those procedures assigned to him. respectively. (d) Paragraph (a) of this section does not apply to any operation of an air- § 91.219 Altitude alerting system or de- plane that has an experimental certifi- vice: Turbojet-powered civil air- cate or to the operation of any airplane planes. for the following purposes: (a) Except as provided in paragraph (1) Ferrying a newly acquired air- (d) of this section, no person may oper- plane from the place where possession ate a turbojet-powered U.S.-registered of it was taken to a place where the al- civil airplane unless that airplane is titude alerting system or device is to equipped with an approved altitude be installed. alerting system or device that is in op- erable condition and meets the require- (2) Continuing a flight as originally ments of paragraph (b) of this section. planned, if the altitude alerting system (b) Each altitude alerting system or or device becomes inoperative after the device required by paragraph (a) of this airplane has taken off; however, the section must be able to— flight may not depart from a place (1) Alert the pilot— where repair or replacement can be (i) Upon approaching a preselected made. altitude in either ascent or descent, by (3) Ferrying an airplane with any in- a sequence of both aural and visual sig- operative altitude alerting system or

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device from a place where repairs or re- requirements for Class B equipment in placements cannot be made to a place Technical Standard Order (TSO)–C151. where it can be made. (4) Conducting an airworthiness (Approved by the Office of Management and flight test of the airplane. Budget under control number 2120–0631) (5) Ferrying an airplane to a place (c) Airplane Flight Manual. The Air- outside the United States for the pur- plane Flight Manual shall contain ap- pose of registering it in a foreign coun- propriate procedures for— try. (1) The use of the terrain awareness (6) Conducting a sales demonstration and warning system; and of the operation of the airplane. (2) Proper flight crew reaction in re- (7) Training foreign flight crews in sponse to the terrain awareness and the operation of the airplane before warning system audio and visual warn- ferrying it to a place outside the ings. United States for the purpose of reg- (d) Exceptions. Paragraphs (a) and (b) istering it in a foreign country. of this section do not apply to— (1) Parachuting operations when con- § 91.221 Traffic alert and collision ducted entirely within a 50 nautical avoidance system equipment and mile radius of the airport from which use. such local flight operations began. (a) All airspace: U.S.-registered civil (2) Firefighting operations. aircraft. Any traffic alert and collision (3) Flight operations when incident avoidance system installed in a U.S.- to the aerial application of chemicals registered civil aircraft must be ap- and other substances. proved by the Administrator. [Doc. No. 29312, 65 FR 16755, Mar. 29, 2000] (b) Traffic alert and collision avoidance system, operation required. Each person §§ 91.224–91.299 [Reserved] operating an aircraft equipped with an operable traffic alert and collision Subpart D—Special Flight avoidance system shall have that sys- Operations tem on and operating.

§ 91.223 Terrain awareness and warn- SOURCE: Docket No. 18334, 54 FR 34308, Aug. ing system. 18, 1989, unless otherwise noted. (a) Airplanes manufactured after March § 91.301 [Reserved] 29, 2002. Except as provided in para- graph (d) of this section, no person may § 91.303 Aerobatic flight. operate a turbine-powered U.S.-reg- No person may operate an aircraft in istered airplane configured with six or aerobatic flight— more passenger seats, excluding any (a) Over any congested area of a city, pilot seat, unless that airplane is town, or settlement; equipped with an approved terrain (b) Over an open air assembly of per- awareness and warning system that as sons; a minimum meets the requirements for (c) Within the lateral boundaries of Class B equipment in Technical Stand- the surface areas of Class B, Class C, ard Order (TSO)–C151. Class D, or Class E airspace designated (b) Airplanes manufactured on or before for an airport; March 29, 2002. Except as provided in (d) Within 4 nautical miles of the paragraph (d) of this section, no person center line of any Federal airway; may operate a turbine-powered U.S.- (e) Below an altitude of 1,500 feet registered airplane configured with six above the surface; or or more passenger seats, excluding any (f) When flight visibility is less than pilot seat, after March 29, 2005, unless 3 statute miles. that airplane is equipped with an ap- For the purposes of this section, aero- proved terrain awareness and warning batic flight means an intentional ma- system that as a minimum meets the neuver involving an abrupt change in

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an aircraft’s attitude, an abnormal at- (2) Spins and other flight maneuvers titude, or abnormal acceleration, not required by the regulations for any cer- necessary for normal flight. tificate or rating when given by— [Doc. No. 18834, 54 FR 34308, Aug. 18, 1989, as (i) A certificated flight instructor; or amended by Amdt. 91–227, 56 FR 65661, Dec. (ii) An airline transport pilot in- 17, 1991] structing in accordance with § 61.67 of this chapter. § 91.305 Flight test areas. (e) For the purposes of this section, No person may flight test an aircraft approved parachute means— except over open water, or sparsely (1) A parachute manufactured under populated areas, having light air traf- a type certificate or a technical stand- fic. ard order (C–23 series); or (2) A personnel-carrying military § 91.307 Parachutes and parachuting. parachute identified by an NAF, AAF, (a) No pilot of a civil aircraft may or AN drawing number, an AAF order allow a parachute that is available for number, or any other military designa- emergency use to be carried in that tion or specification number. aircraft unless it is an approved type [Doc. No. 18334, 54 FR 34308, Aug. 18, 1989, as and— amended by Amdt. 91–255, 62 FR 68137, Dec. (1) If a chair type (canopy in back), it 30, 1997; Amdt. 91–268, 66 FR 23553, May 9, has been packed by a certificated and 2001] appropriately rated parachute rigger within the preceding 120 days; or § 91.309 Towing: Gliders. (2) If any other type, it has been (a) No person may operate a civil air- packed by a certificated and appro- craft towing a glider unless— priately rated parachute rigger— (1) The pilot in command of the tow- (i) Within the preceding 120 days, if ing aircraft is qualified under § 61.69 of its canopy, shrouds, and harness are this chapter; composed exclusively of nylon, rayon, (2) The towing aircraft is equipped or other similar synthetic fiber or ma- with a tow-hitch of a kind, and in- terials that are substantially resistant stalled in a manner, that is approved to damage from mold, mildew, or other by the Administrator; fungi and other rotting agents propa- (3) The towline used has breaking gated in a moist environment; or strength not less than 80 percent of the (ii) Within the preceding 60 days, if maximum certificated operating any part of the parachute is composed weight of the glider and not more than of silk, pongee, or other natural fiber, twice this operating weight. However, or materials not specified in paragraph the towline used may have a breaking (a)(2)(i) of this section. strength more than twice the max- (b) Except in an emergency, no pilot imum certificated operating weight of in command may allow, and no person the glider if— may conduct, a parachute operation (i) A safety link is installed at the from an aircraft within the United point of attachment of the towline to States except in accordance with part the glider with a breaking strength not 105 of this chapter. less than 80 percent of the maximum (c) Unless each occupant of the air- certificated operating weight of the craft is wearing an approved parachute, glider and not greater than twice this no pilot of a civil aircraft carrying any operating weight. person (other than a crewmember) may (ii) A safety link is installed at the execute any intentional maneuver that point of attachment of the towline to exceeds— the towing aircraft with a breaking (1) A bank of 60 degrees relative to strength greater, but not more than 25 the horizon; or percent greater, than that of the safety (2) A nose-up or nose-down attitude link at the towed glider end of the tow- of 30 degrees relative to the horizon. line and not greater than twice the (d) Paragraph (c) of this section does maximum certificated operating not apply to— weight of the glider; (1) Flight tests for pilot certification (4) Before conducting any towing op- or rating; or eration within the lateral boundaries

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of the surface areas of Class B, Class C, (including the carrying of required per- Class D, or Class E airspace designated sons or material to the location of that for an airport, or before making each operation), and operation for the pur- towing flight within such controlled pose of providing flight crewmember airspace if required by ATC, the pilot training in a special purpose operation, in command notifies the control tower. are not considered to be the carriage of If a control tower does not exist or is persons or property for compensation not in operation, the pilot in command or hire. must notify the FAA flight service sta- (d) No person may be carried on a re- tion serving that controlled airspace stricted category civil aircraft unless before conducting any towing oper- that person— ations in that airspace; and (1) Is a flight crewmember; (5) The pilots of the towing aircraft (2) Is a flight crewmember trainee; and the glider have agreed upon a gen- (3) Performs an essential function in eral course of action, including takeoff connection with a special purpose oper- and release signals, airspeeds, and ation for which the aircraft is certifi- emergency procedures for each pilot. cated; or (b) No pilot of a civil aircraft may in- (4) Is necessary to accomplish the tentionally release a towline, after re- work activity directly associated with lease of a glider, in a manner that en- that special purpose. dangers the life or property of another. (e) Except when operating in accord- [Doc. No. 18834, 54 FR 34308, Aug. 18, 1989, as ance with the terms and conditions of amended by Amdt. 91–227, 56 FR 65661, Dec. a certificate of waiver or special oper- 17, 1991] ating limitations issued by the Admin- § 91.311 Towing: Other than under istrator, no person may operate a re- § 91.309. stricted category civil aircraft within the United States— No pilot of a civil aircraft may tow (1) Over a densely populated area; anything with that aircraft (other than 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. § 91.313 Restricted category civil air- (f) This section does not apply to craft: Operating limitations. nonpassenger-carrying civil rotorcraft (a) No person may operate a re- external-load operations conducted stricted category civil aircraft— under part 133 of this chapter. (1) For other than the special purpose (g) No person may operate a small re- for which it is certificated; or stricted-category civil airplane manu- (2) In an operation other than one factured after July 18, 1978, unless an necessary to accomplish the work ac- approved shoulder harness is installed tivity directly associated with that for each front seat. The shoulder har- special purpose. ness must be designed to protect each (b) For the purpose of paragraph (a) occupant from serious head injury of this section, operating a restricted when the occupant experiences the ul- category civil aircraft to provide flight timate inertia forces specified in crewmember training in a special pur- § 23.561(b)(2) of this chapter. The shoul- pose operation for which the aircraft is der harness installation at each flight certificated is considered to be an oper- crewmember station must permit the ation for that special purpose. crewmember, when seated and with the (c) No person may operate a re- safety belt and shoulder harness fas- stricted category civil aircraft car- tened, to perform all functions nec- rying persons or property for com- essary for flight operation. For pur- pensation or hire. For the purposes of poses of this paragraph— this paragraph, a special purpose oper- (1) The date of manufacture of an air- ation involving the carriage of persons plane is the date the inspection accept- or material necessary to accomplish ance records reflect that the airplane is that operation, such as crop dusting, complete and meets the FAA-approved seeding, spraying, and banner towing type design data; and

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(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 (1) In direct conjunction with the that change has been made and ap- type or supplemental type certification proved. Section 21.99 of this chapter ap- of that aircraft; plies to operations under this section. (2) For training flight crews, includ- (j) Each person operating a provision- ing simulated air carrier operations; ally certificated civil aircraft— (3) Demonstration flight by the man- (1) May carry in that aircraft only ufacturer for prospective purchasers; persons who have a proper interest in (4) Market surveys by the manufac- the operations allowed by this section turer; or who are specifically authorized by (5) Flight checking of instruments, both the manufacturer and the Admin- accessories, and equipment that do not istrator; and affect the basic airworthiness of the (2) Shall advise each person carried aircraft; or that the aircraft is provisionally cer- (6) Service testing of the aircraft. tificated. (e) Each person operating a provi- (k) The Administrator may prescribe sionally certificated civil aircraft shall additional limitations or procedures operate within the prescribed limita- that the Administrator considers nec- tions displayed in the aircraft or set essary, including limitations on the forth in the provisional aircraft flight number of persons who may be carried manual or other appropriate document. in the aircraft. However, when operating in direct con- junction with the type or supplemental (Approved by the Office of Management and type certification of the aircraft, that Budget under control number 2120–0005) person shall operate under the experi- [Doc. No. 18334, 54 FR 34308, Aug. 18, 1989, as mental aircraft limitations of § 21.191 of amended by Amdt. 91–212, 54 FR 39293, Sept. this chapter and when flight testing, 25, 1989]

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§ 91.319 Aircraft having experimental carriage of a candidate in a Federal certificates: Operating limitations. election, an agent of the candidate, or (a) No person may operate an aircraft a person traveling on behalf of the can- that has an experimental certificate— didate, if— (1) For other than the purpose for (1) That operator’s primary business which the certificate was issued; or is not as an air carrier or commercial (2) Carrying persons or property for operator; compensation or hire. (2) The carriage is conducted under (b) No person may operate an aircraft the rules of this part 91; and that has an experimental certificate (3) The payment for the carriage is outside of an area assigned by the Ad- required, and does not exceed the ministrator until it is shown that— amount required to be paid, by regula- (1) The aircraft is controllable tions of the Federal Election Commis- throughout its normal range of speeds and throughout all the maneuvers to sion (11 CFR et seq.). be executed; and (b) For the purposes of this section, (2) The aircraft has no hazardous op- the terms candidate and election have erating characteristics or design fea- the same meaning as that set forth in tures. the regulations of the Federal Election (c) Unless otherwise authorized by Commission. the Administrator in special operating limitations, no person may operate an § 91.323 Increased maximum certifi- aircraft that has an experimental cer- cated weights for certain airplanes tificate over a densely populated area operated in Alaska. or in a congested airway. The Adminis- (a) Notwithstanding any other provi- trator may issue special operating lim- sion of the Federal Aviation Regula- itations for particular aircraft to per- tions, the Administrator will approve, mit takeoffs and landings to be con- as provided in this section, an increase ducted over a densely populated area or in the maximum certificated weight of in a congested airway, in accordance an airplane type certificated under with terms and conditions specified in Aeronautics Bulletin No. 7–A of the the authorization in the interest of U.S. Department of Commerce dated safety in air commerce. (d) Each person operating an aircraft January 1, 1931, as amended, or under that has an experimental certificate the normal category of part 4a of the shall— former Civil Air Regulations (14 CFR (1) Advise each person carried of the part 4a, 1964 ed.) if that airplane is op- experimental nature of the aircraft; erated in the State of Alaska by— (2) Operate under VFR, day only, un- (1) A certificate holder conducting less otherwise specifically authorized operations under part 121 or part 135 of by the Administrator; and this chapter; or (3) Notify the control tower of the ex- (2) The U.S. Department of Interior perimental nature of the aircraft when in conducting its game and fish law en- operating the aircraft into or out of forcement activities or its manage- airports with operating control towers. ment, fire detection, and fire suppres- (e) The Administrator may prescribe sion activities concerning public lands. additional limitations that the Admin- (b) The maximum certificated weight istrator considers necessary, including approved under this section may not limitations on the persons that may be exceed— carried in the aircraft. (1) 12,500 pounds; (Approved by the Office of Management and (2) 115 percent of the maximum Budget under control number 2120–0005) weight listed in the FAA aircraft speci- § 91.321 Carriage of candidates in Fed- fications; eral elections. (3) The weight at which the airplane (a) An aircraft operator, other than meets the positive maneuvering load one operating an aircraft under the factor requirement for the normal cat- rules of part 121, 125, or 135 of this egory specified in § 23.337 of this chap- chapter, may receive payment for the ter; or

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(4) The weight at which the airplane in part 121, 129, or § 135.411(a)(2) of this meets the climb performance require- chapter. ments under which it was type certifi- (c) Sections 91.405 and 91.409 of this cated. part do not apply to an airplane in- (c) In determining the maximum cer- spected in accordance with part 125 of tificated weight, the Administrator this chapter. considers the structural soundness of [Doc. No. 18334, 54 FR 34311, Aug. 18, 1989, as the airplane and the terrain to be tra- amended by Amdt. 91–267, 66 FR 21066, Apr. versed. 27, 2001] (d) The maximum certificated weight determined under this section is added § 91.403 General. to the airplane’s operation limitations (a) The owner or operator of an air- and is identified as the maximum craft is primarily responsible for main- weight authorized for operations with- taining that aircraft in an airworthy in the State of Alaska. condition, including compliance with part 39 of this chapter. [Doc. No. 18334, 54 FR 34308, Aug. 18, 1989; (b) No person may perform mainte- Amdt. 91–211, 54 FR 41211, Oct. 5, 1989, as amended by Amdt. 91–253, 62 FR 13253, Mar. nance, preventive maintenance, or al- 19, 1997] terations on an aircraft other than as prescribed in this subpart and other ap- § 91.325 Primary category aircraft: Op- plicable regulations, including part 43 erating limitations. of this chapter. (a) No person may operate a primary (c) No person may operate an aircraft category aircraft carrying persons or for which a manufacturer’s mainte- property for compensation or hire. nance manual or instructions for con- tinued airworthiness has been issued (b) No person may operate a primary that contains an airworthiness limita- category aircraft that is maintained by tions section unless the mandatory re- the pilot-owner under an approved spe- placement times, inspection intervals, cial inspection and maintenance pro- and related procedures specified in that gram except— section or alternative inspection inter- (1) The pilot-owner; or vals and related procedures set forth in (2) A designee of the pilot-owner, pro- an operations specification approved vided that the pilot-owner does not re- by the Administrator under part 121 or ceive compensation for the use of the 135 of this chapter or in accordance aircraft. with an inspection program approved [Doc. No. 23345, 57 FR 41370, Sept. 9, 1992] under § 91.409(e) have been complied with. §§ 91.326–91.399 [Reserved] [Doc. No. 18334, 54 FR 34311, Aug. 18, 1989, as amended by Amdt. 91–267, 66 FR 21066, Apr. Subpart E—Maintenance, Preven- 27, 2001] tive Maintenance, and Alter- § 91.405 Maintenance required. ations Each owner or operator of an air- craft— SOURCE: Docket No. 18334, 54 FR 34311, Aug. (a) Shall have that aircraft inspected 18, 1989, unless otherwise noted. as prescribed in subpart E of this part and shall between required inspections, § 91.401 Applicability. except as provided in paragraph (c) of (a) This subpart prescribes rules gov- this section, have discrepancies re- erning the maintenance, preventive paired as prescribed in part 43 of this maintenance, and alterations of U.S.- chapter; registered civil aircraft operating with- (b) Shall ensure that maintenance in or outside of the United States. personnel make appropriate entries in (b) Sections 91.405, 91.409, 91.411, the aircraft maintenance records indi- 91.417, and 91.419 of this subpart do not cating the aircraft has been approved apply to an aircraft maintained in ac- for return to service; cordance with a continuous airworthi- (c) Shall have any inoperative instru- ness maintenance program as provided ment or item of equipment, permitted

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to be inoperative by § 91.213(d)(2) of this (2) An inspection for the issuance of part, repaired, replaced, removed, or an airworthiness certificate in accord- inspected at the next required inspec- ance with part 21 of this chapter. tion; and No inspection performed under para- (d) When listed discrepancies include graph (b) of this section may be sub- inoperative instruments or equipment, stituted for any inspection required by shall ensure that a placard has been in- this paragraph unless it is performed stalled as required by § 43.11 of this by a person authorized to perform an- chapter. nual inspections and is entered as an ‘‘annual’’ inspection in the required § 91.407 Operation after maintenance, preventive maintenance, rebuild- maintenance records. ing, or alteration. (b) Except as provided in paragraph (c) of this section, no person may oper- (a) No person may operate any air- ate an aircraft carrying any person craft that has undergone maintenance, (other than a crewmember) for hire, preventive maintenance, rebuilding, or and no person may give flight instruc- alteration unless— tion for hire in an aircraft which that (1) It has been approved for return to person provides, unless within the pre- service by a person authorized under ceding 100 hours of time in service the § 43.7 of this chapter; and aircraft has received an annual or 100- (2) The maintenance record entry re- hour inspection and been approved for quired by § 43.9 or § 43.11, as applicable, return to service in accordance with of this chapter has been made. part 43 of this chapter or has received (b) No person may carry any person an inspection for the issuance of an air- (other than crewmembers) in an air- worthiness certificate in accordance craft that has been maintained, re- with part 21 of this chapter. The 100- built, or altered in a manner that may hour limitation may be exceeded by have appreciably changed its flight not more than 10 hours while en route characteristics or substantially af- to reach a place where the inspection fected its operation in flight until an can be done. The excess time used to appropriately rated pilot with at least reach a place where the inspection can a private pilot certificate flies the air- be done must be included in computing craft, makes an operational check of the next 100 hours of time in service. the maintenance performed or alter- (c) Paragraphs (a) and (b) of this sec- ation made, and logs the flight in the tion do not apply to— aircraft records. (1) An aircraft that carries a special (c) The aircraft does not have to be flight permit, a current experimental flown as required by paragraph (b) of certificate, or a provisional airworthi- this section if, prior to flight, ground ness certificate; tests, inspection, or both show conclu- (2) An aircraft inspected in accord- sively that the maintenance, preven- ance with an approved aircraft inspec- tive maintenance, rebuilding, or alter- tion program under part 125 or 135 of ation has not appreciably changed the this chapter and so identified by the flight characteristics or substantially registration number in the operations affected the flight operation of the air- specifications of the certificate holder craft. 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- ments of paragraph (d) or (e) of this § 91.409 Inspections. 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] powered rotorcraft and approved by the § 91.410 Special maintenance program Administrator under paragraph (g) of requirements. this section. However, the Adminis- trator may require revision of this in- (a) No person may operate an Airbus spection program in accordance with Model A300 (excluding the –600 series), the provisions of § 91.415. British Aerospace Model BAC 1–11, Boe- Each operator shall include in the se- ing Model, 707, 720, 727, 737 or 747, lected program the name and address McDonnell Douglas Model DC–8, DC–9/ of the person responsible for scheduling MD–80 or DC–10, Fokker Model F28, or the inspections required by the pro- Lockheed Model L–1011 airplane beyond gram and make a copy of that program applicable flight cycle implementation available to the person performing in- time specified below, or May 25, 2001, spections on the aircraft and, upon re- whichever occurs later, unless repair quest, to the Administrator. assessment guidelines applicable to the (g) Inspection program approved under fuselage pressure boundary (fuselage paragraph (e) of this section. Each oper- skin, door skin, and bulkhead webs) ator of an airplane or turbine-powered that have been approved by the FAA rotorcraft desiring to establish or Aircraft Certification Office (ACO), or change an approved inspection program office of the Transport Airplane Direc- under paragraph (f)(4) of this section torate, having cognizance over the type must submit the program for approval certificate for the affected airplane are to the local FAA Flight Standards dis- incorporated within its inspection pro- trict office having jurisdiction over the gram: area in which the aircraft is based. The (1) For the Airbus Model A300 (ex- program must be in writing and in- cluding the –600 series), the flight cycle clude at least the following informa- implementation time is: tion: (i) Model B2: 36,000 flights. (1) Instructions and procedures for (ii) Model B4–100 (including Model the conduct of inspections for the par- B4–2C): 30,000 flights above the window ticular make and model airplane or line, and 36,000 flights below the win- turbine-powered rotorcraft, including dow line. necessary tests and checks. The in- (iii) Model B4–200: 25,500 flights above structions and procedures must set the window line, and 34,000 flights forth in detail the parts and areas of below the window line. the airframe, engines, propellers, ro- (2) For all models of the British Aero- tors, and appliances, including survival space BAC 1–11, the flight cycle imple- and emergency equipment required to mentation time is 60,000 flights. be inspected. (3) For all models of the Boeing 707, (2) A schedule for performing the in- the flight cycle implementation time is spections that must be performed 15,000 flights. under the program expressed in terms (4) For all models of the Boeing 720, of the time in service, calendar time, the flight cycle implementation time is number of system operations, or any 23,000 flights. combination of these. (5) For all models of the Boeing 727, (h) Changes from one inspection pro- the flight cycle implementation time is gram to another. When an operator 45,000 flights.

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(6) For all models of the Boeing 737, send it to the manager of the appro- the flight cycle implementation time is priate office. 60,000 flights. [Doc. No. 29104, 65 FR 24125, Apr. 25, 2000; 65 (7) For all models of the Boeing 747, FR 35703, June 5, 2000; 65 FR 50744, Aug. 21, the flight cycle implementation time is 2000, as amended by Amdt. 91–266, 66 FR 15,000 flights. 23130, May 7, 2001] (8) For all models of the McDonnell Douglas DC–8, the flight cycle imple- § 91.411 Altimeter system and altitude mentation time is 30,000 flights. reporting equipment tests and in- (9) For all models of the McDonnell spections. Douglas DC–9/MD–80, the flight cycle (a) No person may operate an air- implementation time is 60,000 flights. plane, or helicopter, in controlled air- (10) For all models of the McDonnell space under IFR unless— Douglas DC–10, the flight cycle imple- (1) Within the preceding 24 calendar mentation time is 30,000 flights. months, each static pressure system, (11) For all models of the Lockheed each altimeter instrument, and each L–1011, the flight cycle implementation automatic pressure altitude reporting time is 27,000 flights. system has been tested and inspected (12) For the Fokker F–28 Mark 1000, and found to comply with appendix E 2000, 3000, and 4000, the flight cycle im- of part 43 of this chapter; plementation time is 60,000 flights. (2) Except for the use of system drain (b) After June 7, 2004, no person may and alternate static pressure valves, operate a turbine-powered transport following any opening and closing of category airplane with a type certifi- the static pressure system, that system cate issued after January 1, 1958, and has been tested and inspected and either a maximum type certificated found to comply with paragraph (a), passenger capacity of 30 or more, or a appendices E and F, of part 43 of this maximum type certificated payload ca- chapter; and pacity of 7,500 pounds or more, unless (3) Following installation or mainte- instructions for maintenance and in- nance on the automatic pressure alti- spection of the fuel tank system are in- tude reporting system of the ATC corporated into its inspection program. transponder where data correspondence These instructions must address the error could be introduced, the inte- actual configuration of the fuel tank grated system has been tested, in- systems of each affected airplane, and spected, and found to comply with must be approved by the FAA Aircraft paragraph (c), appendix E, of part 43 of Certification Office (ACO), or office of this chapter. the Transport Airplane Directorate, (b) The tests required by paragraph having cognizance over the type cer- (a) of this section must be conducted tificate for the affected airplane. Oper- by— ators must submit their request (1) The manufacturer of the airplane, through the cognizant Flight Stand- or helicopter, on which the tests and ards District Office, who may add com- inspections are to be performed; ments and then send it to the manager (2) A certificated repair station prop- of the appropriate office. Thereafter, erly equipped to perform those func- the approved instructions can be re- tions and holding— vised only with the approval of the (i) An instrument rating, Class I; FAA Aircraft Certification Office (ii) A limited instrument rating ap- (ACO), or office of the Transport Air- propriate to the make and model of ap- plane Directorate, having cognizance pliance to be tested; over the type certificate for the af- (iii) A limited rating appropriate to fected airplane. Operators must submit the test to be performed; their request for revisions through the (iv) An airframe rating appropriate cognizant Flight Standards District Of- to the airplane, or helicopter, to be fice, who may add comments and then tested; or

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(v) A limited rating for a manufac- provided in part 121 or § 135.411(a)(2) of turer issued for the appliance in ac- this chapter; or cordance with § 145.101(b)(4) of this (3) The manufacturer of the aircraft chapter; or on which the transponder to be tested (3) A certificated mechanic with an is installed, if the transponder was in- airframe rating (static pressure system stalled by that manufacturer. tests and inspections only). [Doc. No. 18334, 54 FR 34311, Aug. 18, 1989, as (c) Altimeter and altitude reporting amended by Amdt. 91–267, 66 FR 21066, Apr. equipment approved under Technical 27, 2001] Standard Orders are considered to be EFFECTIVE DATE NOTE: At 66 FR 41116, Aug. tested and inspected as of the date of 6, 2001, § 91.413 was amended by removing their manufacture. paragraph (c)(1)(iv), effective Apr. 6, 2003. (d) No person may operate an air- plane, or helicopter, in controlled air- § 91.415 Changes to aircraft inspection space under IFR at an altitude above programs. the maximum altitude at which all al- (a) Whenever the Administrator finds timeters and the automatic altitude re- that revisions to an approved aircraft porting system of that airplane, or hel- inspection program under § 91.409(f)(4) icopter, have been tested. are necessary for the continued ade- quacy of the program, the owner or op- EFFECTIVE DATE NOTE: At 66 FR 41116, Aug. erator shall, after notification by the 6, 2001, § 91.411 was amended by removing paragraph (b)(2)(v), effective Apr. 6, 2003. Administrator, make any changes in the program found to be necessary by § 91.413 ATC transponder tests and in- the Administrator. spections. (b) The owner or operator may peti- tion the Administrator to reconsider (a) No persons may use an ATC trans- the notice to make any changes in a ponder that is specified in 91.215(a), program in accordance with paragraph 121.345(c), or § 135.143(c) of this chapter (a) of this section. unless, within the preceding 24 cal- (c) The petition must be filed with endar months, the ATC transponder the FAA Flight Standards district of- has been tested and inspected and fice which requested the change to the found to comply with appendix F of program within 30 days after the cer- part 43 of this chapter; and tificate holder receives the notice. (b) Following any installation or (d) Except in the case of an emer- maintenance on an ATC transponder gency requiring immediate action in where data correspondence error could the interest of safety, the filing of the be introduced, the integrated system petition stays the notice pending a de- has been tested, inspected, and found cision by the Administrator. to comply with paragraph (c), appendix E, of part 43 of this chapter. § 91.417 Maintenance records. (c) The tests and inspections speci- (a) Except for work performed in ac- fied in this section must be conducted cordance with §§ 91.411 and 91.413, each by— registered owner or operator shall keep (1) A certificated repair station prop- the following records for the periods erly equipped to perform those func- specified in paragraph (b) of this sec- tions and holding— tion: (i) A radio rating, Class III; (1) Records of the maintenance, pre- (ii) A limited radio rating appro- ventive maintenance, and alteration priate to the make and model trans- and records of the 100-hour, annual, ponder to be tested; progressive, and other required or ap- (iii) A limited rating appropriate to proved inspections, as appropriate, for the test to be performed; each aircraft (including the airframe) (iv) A limited rating for a manufac- and each engine, propeller, rotor, and turer issued for the transponder in ac- appliance of an aircraft. The records cordance with § 145.101(b)(4) of this must include— chapter; or (i) A description (or reference to data (2) A holder of a continuous air- acceptable to the Administrator) of the worthiness maintenance program as work performed; and

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(ii) The date of completion of the (NTSB). In addition, the owner or oper- work performed; and ator shall present Form 337 described (iii) The signature, and certificate in paragraph (d) of this section for in- number of the person approving the spection upon request of any law en- aircraft for return to service. forcement officer. (2) Records containing the following (d) When a fuel tank is installed information: within the passenger compartment or a (i) The total time in service of the baggage compartment pursuant to part airframe, each engine, each propeller, 43 of this chapter, a copy of FAA Form and each rotor. 337 shall be kept on board the modified (ii) The current status of life-limited aircraft by the owner or operator. parts of each airframe, engine, pro- peller, rotor, and appliance. (Approved by the Office of Management and Budget under control number 2120–0005) (iii) The time since last overhaul of all items installed on the aircraft § 91.419 Transfer of maintenance which are required to be overhauled on records. a specified time basis. (iv) The current inspection status of Any owner or operator who sells a the aircraft, including the time since U.S.-registered aircraft shall transfer the last inspection required by the in- to the purchaser, at the time of sale, spection program under which the air- the following records of that aircraft, craft and its appliances are main- in plain language form or in coded form tained. at the election of the purchaser, if the (v) The current status of applicable coded form provides for the preserva- airworthiness directives (AD) includ- tion and retrieval of information in a ing, for each, the method of compli- manner acceptable to the Adminis- ance, the AD number, and revision trator: date. If the AD involves recurring ac- (a) The records specified in tion, the time and date when the next § 91.417(a)(2). action is required. (b) The records specified in (vi) Copies of the forms prescribed by § 91.417(a)(1) which are not included in § 43.9(a) of this chapter for each major the records covered by paragraph (a) of alteration to the airframe and cur- this section, except that the purchaser rently installed engines, rotors, propel- may permit the seller to keep physical lers, and appliances. custody of such records. However, cus- (b) The owner or operator shall re- tody of records by the seller does not tain the following records for the peri- relieve the purchaser of the responsi- ods prescribed: bility under § 91.417(c) to make the (1) The records specified in paragraph records available for inspection by the (a)(1) of this section shall be retained Administrator or any authorized rep- until the work is repeated or super- resentative of the National Transpor- seded by other work or for 1 year after tation Safety Board (NTSB). the work is performed. (2) The records specified in paragraph § 91.421 Rebuilt engine maintenance records. (a)(2) of this section shall be retained and transferred with the aircraft at the (a) The owner or operator may use a time the aircraft is sold. new maintenance record, without pre- (3) A list of defects furnished to a vious operating history, for an aircraft registered owner or operator under engine rebuilt by the manufacturer or § 43.11 of this chapter shall be retained by an agency approved by the manufac- until the defects are repaired and the turer. aircraft is approved for return to serv- (b) Each manufacturer or agency ice. that grants zero time to an engine re- (c) The owner or operator shall make built by it shall enter in the new all maintenance records required to be record— kept by this section available for in- (1) A signed statement of the date the spection by the Administrator or any engine was rebuilt; authorized representative of the Na- (2) Each change made as required by tional Transportation Safety Board airworthiness directives; and

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

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flights conducted under that arrange- (2) A cockpit checklist containing ment other than those specified in the procedures required by paragraph paragraph (d) of this section; (b) of this section. (2) An interchange agreement means an (3) Pertinent aeronautical charts. arrangement whereby a person leases (4) For IFR, VFR over-the-top, or his airplane to another person in ex- night operations, each pertinent navi- change for equal time, when needed, on gational en route, terminal area, and the other person’s airplane, and no approach and letdown chart. charge, assessment, or fee is made, ex- (5) In the case of multiengine air- cept that a charge may be made not to planes, one-engine inoperative climb exceed the difference between the cost performance data. of owning, operating, and maintaining (b) Each cockpit checklist must con- the two airplanes; tain the following procedures and shall (3) A joint ownership agreement means be used by the flight crewmembers an arrangement whereby one of the when operating the airplane: registered joint owners of an airplane (1) Before starting engines. employs and furnishes the flight crew (2) Before takeoff. for that airplane and each of the reg- (3) Cruise. istered joint owners pays a share of the (4) Before landing. charge specified in the agreement. (5) After landing. (d) The following may be charged, as (6) Stopping engines. expenses of a specific flight, for trans- (7) Emergencies. portation as authorized by paragraphs (c) Each emergency cockpit checklist (b) (3) and (7) and (c)(1) of this section: procedure required by paragraph (b)(7) (1) Fuel, oil, lubricants, and other ad- of this section must contain the fol- ditives. lowing procedures, as appropriate: (2) Travel expenses of the crew, in- (1) Emergency operation of fuel, hy- cluding food, lodging, and ground draulic, electrical, and mechanical sys- transportation. tems. (3) Hangar and tie-down costs away (2) Emergency operation of instru- from the aircraft’s base of operation. ments and controls. (4) Insurance obtained for the specific (3) Engine inoperative procedures. flight. (4) Any other procedures necessary (5) Landing fees, airport taxes, and for safety. similar assessments. (d) The equipment, charts, and data prescribed in this section shall be used (6) Customs, foreign permit, and by the pilot in command and other similar fees directly related to the members of the flight crew, when perti- flight. nent. (7) In flight food and beverages. (8) Passenger ground transportation. § 91.505 Familiarity with operating (9) Flight planning and weather con- limitations and emergency equip- tract services. ment. (10) An additional charge equal to 100 (a) Each pilot in command of an air- percent of the expenses listed in para- plane shall, before beginning a flight, graph (d)(1) of this section. become familiar with the Airplane Flight Manual for that airplane, if one § 91.503 Flying equipment and oper- is required, and with any placards, list- ating information. ings, instrument markings, or any (a) The pilot in command of an air- combination thereof, containing each plane shall ensure that the following operating limitation prescribed for flying equipment and aeronautical that airplane by the Administrator, in- charts and data, in current and appro- cluding those specified in § 91.9(b). priate form, are accessible for each (b) Each required member of the crew flight at the pilot station of the air- shall, before beginning a flight, become plane: familiar with the emergency equip- (1) A flashlight having at least two ment installed on the airplane to which size ‘‘D’’ cells, or the equivalent, that that crewmember is assigned and with is in good working order. the procedures to be followed for the

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use of that equipment in an emergency (e) As used in this section, the term situation. shore means that area of the land adja- cent to the water which is above the § 91.507 Equipment requirements: high water mark and excludes land Over-the-top or night VFR oper- areas which are intermittently under ations. water. No person may operate an airplane over-the-top or at night under VFR un- § 91.511 Radio equipment for less that airplane is equipped with the overwater operations. instruments and equipment required (a) Except as provided in paragraphs for IFR operations under § 91.205(d) and (c), (d), and (f) of this section, no per- one electric landing light for night op- son may take off an airplane for a erations. Each required instrument and flight over water more than 30 minutes item of equipment must be in operable flying time or 100 nautical miles from condition. the nearest shore unless it has at least the following operable equipment: § 91.509 Survival equipment for overwater operations. (1) Radio communication equipment appropriate to the facilities to be used (a) No person may take off an air- and able to transmit to, and receive plane for a flight over water more than from, any place on the route, at least 50 nautical miles from the nearest one surface facility: shore unless that airplane is equipped (i) Two transmitters. with a life preserver or an approved flo- tation means for each occupant of the (ii) Two microphones. airplane. (iii) Two headsets or one headset and (b) No person may take off an air- one speaker. plane for a flight over water more than (iv) Two independent receivers. 30 minutes flying time or 100 nautical (2) Appropriate electronic naviga- miles from the nearest shore unless it tional equipment consisting of at least has on board the following survival two independent electronic navigation equipment: units capable of providing the pilot (1) A life preserver, equipped with an with the information necessary to approved survivor locator light, for navigate the airplane within the air- each occupant of the airplane. space assigned by air traffic control. (2) Enough liferafts (each equipped However, a receiver that can receive with an approved survival locator both communications and required light) of a rated capacity and buoyancy navigational signals may be used in to accommodate the occupants of the place of a separate communications re- airplane. ceiver and a separate navigational sig- (3) At least one pyrotechnic signaling nal receiver or unit. device for each liferaft. (b) For the purposes of paragraphs (4) One self-buoyant, water-resistant, (a)(1)(iv) and (a)(2) of this section, a re- portable emergency radio signaling de- ceiver or electronic navigation unit is vice that is capable of transmission on independent if the function of any part the appropriate emergency frequency of it does not depend on the func- or frequencies and not dependent upon tioning of any part of another receiver the airplane power supply. or electronic navigation unit. (5) A lifeline stored in accordance (c) Notwithstanding the provisions of with § 25.1411(g) of this chapter. paragraph (a) of this section, a person (c) The required liferafts, life pre- may operate an airplane on which no servers, and signaling devices must be passengers are carried from a place installed in conspicuously marked lo- where repairs or replacement cannot be cations and easily accessible in the made to a place where they can be event of a ditching without appreciable made, if not more than one of each of time for preparatory procedures. the dual items of radio communication (d) A survival kit, appropriately and navigational equipment specified equipped for the route to be flown, in paragraphs (a)(1) (i) through (iv) and must be attached to each required life- (a)(2) of this section malfunctions or raft. becomes inoperative.

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(d) Notwithstanding the provisions of cargo compartments in accordance paragraph (a) of this section, when with the following: both VHF and HF communications (1) The type and quantity of extin- equipment are required for the route guishing agent must be suitable for the and the airplane has two VHF trans- kinds of fires likely to occur in the mitters and two VHF receivers for compartment where the extinguisher is communications, only one HF trans- intended to be used. mitter and one HF receiver is required (2) At least one hand fire extin- for communications. guisher must be provided and located (e) As used in this section, the term on or near the flight deck in a place shore means that area of the land adja- that is readily accessible to the flight cent to the water which is above the crew. high-water mark and excludes land (3) At least one hand fire extin- areas which are intermittently under guisher must be conveniently located water. in the passenger compartment of each (f) Notwithstanding the requirements airplane accommodating more than six in paragraph (a)(2) of this section, a but less than 31 passengers, and at person may operate in the Gulf of Mex- least two hand fire extinguishers must ico, the Caribbean Sea, and the Atlan- be conveniently located in the pas- tic Ocean west of a line which extends senger compartment of each airplane from 44°47′00″ N / 67°00′00″ W to 39°00′00″ accommodating more than 30 pas- N / 67°00′00″ W to 38°30′00″ N / 60°00′00″ W sengers. south along the 60°00′00″ W longitude (4) Hand fire extinguishers must be line to the point where the line inter- installed and secured in such a manner sects with the northern coast of South that they will not interfere with the America, when: safe operation of the airplane or ad- (1) A single long-range navigation versely affect the safety of the crew system is installed, operational, and and passengers. They must be readily appropriate for the route; and accessible and, unless the locations of (2) Flight conditions and the air- the fire extinguishers are obvious, craft’s capabilities are such that no their stowage provisions must be prop- more than a 30-minute gap in two-way erly identified. radio very high frequency communica- (d) First aid kits for treatment of in- tions is expected to exist. juries likely to occur in flight or in minor accidents must be provided. [Doc. No. 18334, 54 FR 34314, Aug. 18, 1989, as (e) Each airplane accommodating amended by Amdt. 91–249, 61 FR 7190, Feb. 26, more than 19 passengers must be 1996] equipped with a crash axe. § 91.513 Emergency equipment. (f) Each passenger-carrying airplane must have a portable battery-powered (a) No person may operate an air- megaphone or megaphones readily ac- plane unless it is equipped with the cessible to the crewmembers assigned emergency equipment listed in this to direct emergency evacuation, in- section. stalled as follows: (b) Each item of equipment— (1) One megaphone on each airplane (1) Must be inspected in accordance with a seating capacity of more than 60 with § 91.409 to ensure its continued but less than 100 passengers, at the serviceability and immediate readiness most rearward location in the pas- for its intended purposes; senger cabin where it would be readily (2) Must be readily accessible to the accessible to a normal flight attendant crew; seat. However, the Administrator may (3) Must clearly indicate its method grant a deviation from the require- of operation; and ments of this subparagraph if the Ad- (4) When carried in a compartment or ministrator finds that a different loca- container, must have that compart- tion would be more useful for evacu- ment or container marked as to con- ation of persons during an emergency. tents and date of last inspection. (2) On each airplane with a seating (c) Hand fire extinguishers must be capacity of 100 or more passengers, one provided for use in crew, passenger, and megaphone installed at the forward end

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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- (a) Notwithstanding § 91.119, and ex- tion. 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— (2) The altitudes prescribed in § 91.177, (1) Smoking. Each passenger shall be for night operations. briefed on when, where, and under what (b) This section does not apply— conditions smoking is prohibited. This (1) During takeoff or landing; briefing shall include a statement, as (2) When a different altitude is au- appropriate, that the Federal Aviation thorized by a waiver to this section Regulations require passenger compli- under subpart J of this part; or ance with lighted passenger informa- (3) When a flight is conducted under tion signs and no smoking placards, the special VFR weather minimums of prohibit smoking in lavatories, and re- § 91.157 with an appropriate clearance quire compliance with crewmember in- from ATC. structions with regard to these items; (2) Use of safety belts and shoulder har- § 91.517 Passenger information. nesses. Each passenger shall be briefed (a) Except as provided in paragraph on when, where, and under what condi- (b) of this section, no person may oper- tions it is necessary to have his or her ate an airplane carrying passengers un- safety belt and, if installed, his or her less it is equipped with signs that are shoulder harness fastened about him or visible to passengers and flight attend- her. This briefing shall include a state- ants to notify them when smoking is ment, as appropriate, that Federal prohibited and when safety belts must Aviation Regulations require passenger be fastened. The signs must be so con- compliance with the lighted passenger structed that the crew can turn them sign and/or crewmember instructions on and off. They must be turned on with regard to these items; during airplane movement on the sur- (3) Location and means for opening face, for each takeoff, for each landing, the passenger entry door and emer- and when otherwise considered to be gency exits; necessary by the pilot in command. (4) Location of survival equipment; (b) The pilot in command of an air- (5) Ditching procedures and the use of plane that is not required, in accord- flotation equipment required under ance with applicable aircraft and § 91.509 for a flight over water; and equipment requirements of this chap- (6) The normal and emergency use of ter, to be equipped as provided in para- oxygen equipment installed on the air- graph (a) of this section shall ensure plane. that the passengers are notified orally (b) The oral briefing required by each time that it is necessary to fasten paragraph (a) of this section shall be their safety belts and when smoking is given by the pilot in command or a prohibited. member of the crew, but need not be (c) If passenger information signs are given when the pilot in command de- installed, no passenger or crewmember termines that the passengers are famil- may smoke while any ‘‘no smoking’’ iar with the contents of the briefing. It sign is lighted nor may any passenger may be supplemented by printed cards or crewmember smoke in any lavatory. for the use of each passenger con- (d) Each passenger required by taining— § 91.107(a)(3) to occupy a seat or berth (1) A diagram of, and methods of op- shall fasten his or her safety belt about erating, the emergency exits; and

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(2) Other instructions necessary for (a) In a suitable baggage or cargo use of emergency equipment. storage compartment, or as provided in (c) Each card used under paragraph § 91.525; or (b) must be carried in convenient loca- (b) Under a passenger seat in such a tions on the airplane for the use of way that it will not slide forward under each passenger and must contain infor- crash impacts severe enough to induce mation that is pertinent only to the the ultimate inertia forces specified in type and model airplane on which it is § 25.561(b)(3) of this chapter, or the re- used. quirements of the regulations under which the airplane was type certifi- [Doc. No. 18334, 54 FR 34314, Aug. 18, 1989, as cated. Restraining devices must also amended by Amdt. 91–231, 57 FR 42672, Sept. 15, 1992] limit sideward motion of under-seat baggage and be designed to withstand § 91.521 Shoulder harness. crash impacts severe enough to induce sideward forces specified in § 25.561(b)(3) (a) No person may operate a trans- of this chapter. port category airplane that was type certificated after January 1, 1958, un- § 91.525 Carriage of cargo. less it is equipped at each seat at a (a) No pilot in command may permit flight deck station with a combined cargo to be carried in any airplane un- safety belt and shoulder harness that less— meets the applicable requirements (1) It is carried in an approved cargo specified in § 25.785 of this chapter, ex- rack, bin, or compartment installed in cept that— the airplane; (1) Shoulder harnesses and combined (2) It is secured by means approved safety belt and shoulder harnesses that by the Administrator; or were approved and installed before (3) It is carried in accordance with March 6, 1980, may continue to be used; each of the following: and (i) It is properly secured by a safety (2) Safety belt and shoulder harness belt or other tiedown having enough restraint systems may be designed to strength to eliminate the possibility of the inertia load factors established shifting under all normally anticipated under the certification basis of the air- flight and ground conditions. plane. (ii) It is packaged or covered to avoid (b) No person may operate a trans- possible injury to passengers. port category airplane unless it is (iii) It does not impose any load on equipped at each required flight at- seats or on the floor structure that ex- tendant seat in the passenger compart- ceeds the load limitation for those ment with a combined safety belt and components. shoulder harness that meets the appli- (iv) It is not located in a position cable requirements specified in § 25.785 that restricts the access to or use of of this chapter, except that— any required emergency or regular (1) Shoulder harnesses and combined exit, or the use of the aisle between the safety belt and shoulder harnesses that crew and the passenger compartment. were approved and installed before (v) It is not carried directly above March 6, 1980, may continue to be used; seated passengers. and (b) When cargo is carried in cargo (2) Safety belt and shoulder harness compartments that are designed to re- restraint systems may be designed to quire the physical entry of a crew- the inertia load factors established member to extinguish any fire that under the certification basis of the air- may occur during flight, the cargo plane. must be loaded so as to allow a crew- member to effectively reach all parts § 91.523 Carry-on baggage. of the compartment with the contents No pilot in command of an airplane of a hand fire extinguisher. having a seating capacity of more than 19 passengers may permit a passenger § 91.527 Operating in icing conditions. to stow baggage aboard that airplane (a) No pilot may take off an airplane except— that has—

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(1) Frost, snow, or ice adhering to neer is required by the type certifi- any propeller, windshield, or power- cation requirements. plant installation or to an airspeed, al- (b) No person may serve as a required timeter, rate of climb, or flight atti- flight engineer on an airplane unless, tude instrument system; within the preceding 6 calendar (2) Snow or ice adhering to the wings months, that person has had at least 50 or stabilizing or control surfaces; or hours of flight time as a flight engineer (3) Any frost adhering to the wings or on that type airplane or has been stabilizing or control surfaces, unless checked by the Administrator on that that frost has been polished to make it type airplane and is found to be famil- smooth. iar and competent with all essential (b) Except for an airplane that has current information and operating pro- ice protection provisions that meet the cedures. requirements in section 34 of Special Federal Aviation Regulation No. 23, or § 91.531 Second in command require- those for transport category airplane ments. type certification, no pilot may fly— (a) Except as provided in paragraph (1) Under IFR into known or forecast (b) of this section, no person may oper- moderate icing conditions; or ate the following airplanes without a (2) Under VFR into known light or pilot who is designated as second in moderate icing conditions unless the command of that airplane: aircraft has functioning de-icing or (1) A large airplane, except that a anti-icing equipment protecting each person may operate an airplane certifi- propeller, windshield, wing, stabilizing cated under SFAR 41 without a pilot or control surface, and each airspeed, who is designated as second in com- altimeter, rate of climb, or flight atti- mand if that airplane is certificated for tude instrument system. operation with one pilot. (c) Except for an airplane that has (2) A turbojet-powered multiengine ice protection provisions that meet the airplane for which two pilots are re- requirements in section 34 of Special quired under the type certification re- Federal Aviation Regulation No. 23, or quirements for that airplane. those for transport category airplane (3) A commuter category airplane, type certification, no pilot may fly an except that a person may operate a airplane into known or forecast severe commuter category airplane notwith- icing conditions. standing paragraph (a)(1) of this sec- (d) If current weather reports and tion, that has a passenger seating con- briefing information relied upon by the figuration, excluding pilot seats, of pilot in command indicate that the nine or less without a pilot who is des- forecast icing conditions that would ignated as second in command if that otherwise prohibit the flight will not airplane is type certificated for oper- be encountered during the flight be- ations with one pilot. cause of changed weather conditions (b) The Administrator may issue a since the forecast, the restrictions in letter of authorization for the oper- paragraphs (b) and (c) of this section ation of an airplane without compli- based on forecast conditions do not ance with the requirements of para- apply. graph (a) of this section if that air- plane is designed for and type certifi- § 91.529 Flight engineer requirements. cated with only one pilot station. The (a) No person may operate the fol- authorization contains any conditions lowing airplanes without a flight crew- that the Administrator finds necessary member holding a current flight engi- for safe operation. neer certificate: (c) No person may designate a pilot (1) An airplane for which a type cer- to serve as second in command, nor tificate was issued before January 2, may any pilot serve as second in com- 1964, having a maximum certificated mand, of an airplane required under takeoff weight of more than 80,000 this section to have two pilots unless pounds. that pilot meets the qualifications for (2) An airplane type certificated after second in command prescribed in § 61.55 January 1, 1964, for which a flight engi- of this chapter.

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§ 91.533 Flight attendant require- §§ 91.536–91.599 [Reserved] ments. (a) No person may operate an air- Subpart G—Additional Equipment plane unless at least the following and Operating Requirements number of flight attendants are on for Large and Transport Cat- board the airplane: egory Aircraft (1) For airplanes having more than 19 but less than 51 passengers on board, SOURCE: Docket No. 18334, 54 FR 34318, Aug. one flight attendant. 18, 1989, unless otherwise noted. (2) For airplanes having more than 50 but less than 101 passengers on board, § 91.601 Applicability. two flight attendants. This subpart applies to operation of (3) For airplanes having more than large and transport category U.S.-reg- 100 passengers on board, two flight at- istered civil aircraft. tendants plus one additional flight at- tendant for each unit (or part of a unit) § 91.603 Aural speed warning device. of 50 passengers above 100. No person may operate a transport (b) No person may serve as a flight category airplane in air commerce un- attendant on an airplane when required less that airplane is equipped with an by paragraph (a) of this section unless aural speed warning device that com- that person has demonstrated to the plies with § 25.1303(c)(1). pilot in command familiarity with the necessary functions to be performed in § 91.605 Transport category civil air- an emergency or a situation requiring plane weight limitations. emergency evacuation and is capable of (a) No person may take off any trans- using the emergency equipment in- port category airplane (other than a stalled on that airplane. turbine-engine-powered airplane cer- tificated after September 30, 1958) un- § 91.535 Stowage of food, beverage, less— and passenger service equipment during aircraft movement on the (1) The takeoff weight does not ex- surface, takeoff, and landing. ceed the authorized maximum takeoff weight for the elevation of the airport (a) No operator may move an aircraft of takeoff; on the surface, take off, or land when (2) The elevation of the airport of any food, beverage, or tableware fur- takeoff is within the altitude range for nished by the operator is located at which maximum takeoff weights have any passenger seat. been determined; (b) No operator may move an aircraft (3) Normal consumption of fuel and on the surface, take off, or land unless oil in flight to the airport of intended each food and beverage tray and seat landing will leave a weight on arrival back tray table is secured in its stowed not in excess of the authorized max- position. imum landing weight for the elevation (c) No operator may permit an air- of that airport; and craft to move on the surface, take off, (4) The elevations of the airport of in- or land unless each passenger serving tended landing and of all specified al- cart is secured in its stowed position. ternate airports are within the altitude (d) No operator may permit an air- range for which the maximum landing craft to move on the surface, take off, weights have been determined. or land unless each movie screen that (b) No person may operate a turbine- extends into the aisle is stowed. engine-powered transport category air- (e) Each passenger shall comply with plane certificated after September 30, instructions given by a crewmember 1958, contrary to the Airplane Flight with regard to compliance with this Manual, or take off that airplane un- section. less— (1) The takeoff weight does not ex- [Doc. No. 26142, 57 FR 42672, Sept. 15, 1992] ceed the takeoff weight specified in the

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Airplane Flight Manual for the ele- (3) The takeoff run is no greater than vation of the airport and for the ambi- the length of the runway. ent temperature existing at the time of [Doc. No. 18334, 54 FR 34318, Aug. 18, 1989, as takeoff; amended by Amdt. 91–256, 63 FR 8321, Feb. 18, (2) Normal consumption of fuel and 1998] oil in flight to the airport of intended landing and to the alternate airports § 91.607 Emergency exits for airplanes carrying passengers for hire. will leave a weight on arrival not in ex- cess of the landing weight specified in (a) Notwithstanding any other provi- the Airplane Flight Manual for the ele- sion of this chapter, no person may op- vation of each of the airports involved erate a large airplane (type certificated under the Civil Air Regulations effec- and for the ambient temperatures ex- tive before April 9, 1957) in passenger- pected at the time of landing; carrying operations for hire, with more (3) The takeoff weight does not ex- than the number of occupants— ceed the weight shown in the Airplane (1) Allowed under Civil Air Regula- Flight Manual to correspond with the tions § 4b.362 (a), (b), and (c) as in effect minimum distances required for take- on December 20, 1951; or off, considering the elevation of the (2) Approved under Special Civil Air airport, the runway to be used, the ef- Regulations SR–387, SR–389, SR–389A, fective runway gradient, the ambient or SR–389B, or under this section as in temperature and wind component at effect. the time of takeoff, and, if operating However, an airplane type listed in the limitations exist for the minimum dis- following table may be operated with tances required for takeoff from wet up to the listed number of occupants runways, the runway surface condition (including crewmembers) and the cor- (dry or wet). Wet runway distances as- responding number of exits (including sociated with grooved or porous fric- emergency exits and doors) approved tion course runways, if provided in the for the emergency exit of passengers or Airplane Flight Manual, may be used with an occupant-exit configuration only for runways that are grooved or approved under paragraph (b) or (c) of treated with a porous friction course this section. (PFC) overlay, and that the operator Maximum Corresponding determines are designed, constructed, number of oc- number of Airplane type cupants in- exits author- and maintained in a manner acceptable cluding all ized for pas- to the Administrator. crewmembers senger use (4) Where the takeoff distance in- BÐ307 ...... 61 4 cludes a clearway, the clearway dis- BÐ377 ...... 96 9 CÐ46 ...... 67 4 tance is not greater than one-half of— CVÐ240 ...... 53 6 (i) The takeoff run, in the case of air- CVÐ340 and CVÐ440 ...... 53 6 planes certificated after September 30, DCÐ3 ...... 35 4 DCÐ3 (Super) ...... 39 5 1958, and before August 30, 1959; or DCÐ4 ...... 86 5 (ii) The runway length, in the case of DCÐ6 ...... 87 7 DCÐ6B ...... 112 11 airplanes certificated after August 29, LÐ18 ...... 17 3 1959. LÐ049, LÐ649, LÐ749 ...... 87 7 (c) No person may take off a turbine- LÐ1049 series ...... 96 9 MÐ202 ...... 53 6 engine-powered transport category air- MÐ404 ...... 53 7 plane certificated after August 29, 1959, Viscount 700 series ...... 53 7 unless, in addition to the requirements of paragraph (b) of this section— (b) Occupants in addition to those au- thorized under paragraph (a) of this (1) The accelerate-stop distance is no section may be carried as follows: greater than the length of the runway (1) For each additional floor-level plus the length of the stopway (if exit at least 24 inches wide by 48 inches present); and high, with an unobstructed 20-inch- (2) The takeoff distance is no greater wide access aisleway between the exit than the length of the runway plus the and the main passenger aisle, 12 addi- length of the clearway (if present); and tional occupants.

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(2) For each additional window exit § 91.609 Flight recorders and cockpit located over a wing that meets the re- voice recorders. quirements of the airworthiness stand- (a) No holder of an air carrier oper- ards under which the airplane was type ating certificate or an operating cer- certificated or that is large enough to tificate may conduct any operation inscribe an ellipse 19×26 inches, eight under this part with an aircraft listed additional occupants. in the holder’s operations specifica- (3) For each additional window exit tions or current list of aircraft used in that is not located over a wing but that air transportation unless that aircraft otherwise complies with paragraph complies with any applicable flight re- (b)(2) of this section, five additional oc- corder and cockpit voice recorder re- cupants. quirements of the part under which its (4) For each airplane having a ratio certificate is issued except that the op- (as computed from the table in para- erator may— graph (a) of this section) of maximum (1) Ferry an aircraft with an inoper- number of occupants to number of ative flight recorder or cockpit voice recorder from a place where repair or exits greater than 14:1, and for each replacement cannot be made to a place airplane that does not have at least where they can be made; one full-size, door-type exit in the side (2) Continue a flight as originally of the fuselage in the rear part of the planned, if the flight recorder or cock- cabin, the first additional exit must be pit voice recorder becomes inoperative a floor-level exit that complies with after the aircraft has taken off; paragraph (b)(1) of this section and (3) Conduct an airworthiness flight must be located in the rear part of the test during which the flight recorder or cabin on the opposite side of the fuse- cockpit voice recorder is turned off to lage from the main entrance door. test it or to test any communications However, no person may operate an or electrical equipment installed in the airplane under this section carrying aircraft; or more than 115 occupants unless there is (4) Ferry a newly acquired aircraft such an exit on each side of the fuse- from the place where possession of it is lage in the rear part of the cabin. taken to a place where the flight re- (c) No person may eliminate any ap- corder or cockpit voice recorder is to proved exit except in accordance with be installed. the following: (b) Notwithstanding paragraphs (c) (1) The previously authorized max- and (e) of this section, an operator imum number of occupants must be re- other than the holder of an air carrier duced by the same number of addi- or a commercial operator certificate tional occupants authorized for that may— exit under this section. (1) Ferry an aircraft with an inoper- (2) Exits must be eliminated in ac- ative flight recorder or cockpit voice cordance with the following priority recorder from a place where repair or schedule: First, non-over-wing window replacement cannot be made to a place exits; second, over-wing window exits; where they can be made; (2) Continue a flight as originally third, floor-level exits located in the planned if the flight recorder or cock- forward part of the cabin; and fourth, pit voice recorder becomes inoperative floor-level exits located in the rear of after the aircraft has taken off; the cabin. (3) Conduct an airworthiness flight (3) At least one exit must be retained test during which the flight recorder or on each side of the fuselage regardless cockpit voice recorder is turned off to of the number of occupants. test it or to test any communications (4) No person may remove any exit or electrical equipment installed in the that would result in a ratio of max- aircraft; imum number of occupants to approved (4) Ferry a newly acquired aircraft exits greater than 14:1. from a place where possession of it was (d) This section does not relieve any taken to a place where the flight re- person operating under part 121 of this corder or cockpit voice recorder is to chapter from complying with § 121.291. be installed; or

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(5) Operate an aircraft: (1) Is installed in compliance with (i) For not more than 15 days while § 23.1457(a) (1) and (2), (b), (c), (d), (e), the flight recorder and/or cockpit voice (f), and (g); § 25.1457(a) (1) and (2), (b), recorder is inoperative and/or removed (c), (d), (e), (f), and (g); § 27.1457(a) (1) for repair provided that the aircraft and (2), (b), (c), (d), (e), (f), and (g); or maintenance records contain an entry § 29.1457(a) (1) and (2), (b), (c), (d), (e), that indicates the date of failure, and a (f), and (g) of this chapter, as applica- placard is located in view of the pilot ble; and to show that the flight recorder or (2) Is operated continuously from the cockpit voice recorder is inoperative. use of the checklist before the flight to (ii) For not more than an additional completion of the final checklist at the 15 days, provided that the requirements end of the flight. in paragraph (b)(5)(i) are met and that (f) In complying with this section, an a certificated pilot, or a certificated approved cockpit voice recorder having person authorized to return an aircraft an erasure feature may be used, so that to service under § 43.7 of this chapter, at any time during the operation of the certifies in the aircraft maintenance recorder, information recorded more records that additional time is required than 15 minutes earlier may be erased to complete repairs or obtain a replace- or otherwise obliterated. ment unit. (g) In the event of an accident or oc- (c) No person may operate a U.S. currence requiring immediate notifica- civil registered, multiengine, turbine- tion to the National Transportation powered airplane or rotorcraft having a Safety Board under part 830 of its regu- passenger seating configuration, ex- lations that results in the termination cluding any pilot seats of 10 or more of the flight, any operator who has in- that has been manufactured after Octo- stalled approved flight recorders and ber 11, 1991, unless it is equipped with approved cockpit voice recorders shall one or more approved flight recorders keep the recorded information for at that utilize a digital method of record- least 60 days or, if requested by the Ad- ing and storing data and a method of ministrator or the Board, for a longer readily retrieving that data from the period. Information obtained from the storage medium, that are capable of re- record is used to assist in determining cording the data specified in appendix the cause of accidents or occurrences E to this part, for an airplane, or ap- in connection with the investigation pendix F to this part, for a rotorcraft, under part 830. The Administrator does of this part within the range, accuracy, not use the cockpit voice recorder and recording interval specified, and record in any civil penalty or certifi- that are capable of retaining no less cate action. than 8 hours of aircraft operation. [Doc. No. 18334, 54 FR 34318, Aug. 18, 1989, as (d) Whenever a flight recorder, re- amended by Amdt. 91–226, 56 FR 51621, Oct. quired by this section, is installed, it 11, 1991; Amdt. 91–228, 57 FR 19353, May 5, must be operated continuously from 1992] the instant the airplane begins the takeoff roll or the rotorcraft begins § 91.611 Authorization for ferry flight lift-off until the airplane has com- with one engine inoperative. pleted the landing roll or the rotorcraft (a) General. The holder of an air car- has landed at its destination. rier operating certificate or an oper- (e) Unless otherwise authorized by ating certificate issued under part 125 the Administrator, after October 11, may conduct a ferry flight of a four-en- 1991, no person may operate a U.S. civil gine airplane or a turbine-engine-pow- registered multiengine, turbine-pow- ered airplane equipped with three en- ered airplane or rotorcraft having a gines, with one engine inoperative, to a passenger seating configuration of six base for the purpose of repairing that passengers or more and for which two engine subject to the following: pilots are required by type certifi- (1) The airplane model has been test cation or operating rule unless it is flown and found satisfactory for safe equipped with an approved cockpit flight in accordance with paragraph (b) voice recorder that: or (c) of this section, as appropriate.

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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. (1) A speed not less than 1.3 VS1 must (iii) Configuration of the inoperative be chosen at which the airplane may be propeller (if applicable). controlled satisfactorily in a climb (iv) Runway length for takeoff (in- with the critical engine inoperative cluding temperature accountability). (with its propeller removed or in a con- (v) Altitude range. figuration desired by the operator and (vi) Certificate limitations. with all other engines operating at the (vii) Ranges of operational limits. maximum power determined in para- (viii) Performance information. graph (b)(3) of this section. (ix) Operating procedures. (2) The distance required to accel- (3) The operator has FAA approved erate to the speed listed in paragraph procedures for the safe operation of the (b)(1) of this section and to climb to 50 airplane, including specific require- feet must be determined with— ments for— (i) The landing gear extended; (i) Limiting the operating weight on (ii) The critical engine inoperative any ferry flight to the minimum nec- and its propeller removed or in a con- essary for the flight plus the necessary figuration desired by the operator; and reserve fuel load; (iii) The other engines operating at (ii) A limitation that takeoffs must not more than maximum power estab- be made from dry runways unless, lished under paragraph (b)(3) of this based on a showing of actual operating section. takeoff techniques on wet runways (3) The takeoff, flight and landing with one engine inoperative, takeoffs procedures, such as the approximate with full controllability from wet run- trim settings, method of power applica- ways have been approved for the spe- tion, maximum power, and speed must cific model aircraft and included in the be established. Airplane Flight Manual: (4) The performance must be deter- (iii) Operations from airports where mined at a maximum weight not great- the runways may require a takeoff or er than the weight that allows a rate of approach over populated areas; and climb of at least 400 feet per minute in (iv) Inspection procedures for deter- the en route configuration set forth in mining the operating condition of the § 25.67(d) of this chapter in effect on operative engines. January 31, 1977, at an altitude of 5,000 (4) No person may take off an air- feet. plane under this section if— (5) The performance must be deter- (i) The initial climb is over thickly mined using temperature account- populated areas; or ability for the takeoff field length, (ii) Weather conditions at the takeoff computed in accordance with § 25.61 of or destination airport are less than this chapter in effect on January 31, those required for VFR flight. 1977. (5) Persons other than required flight (c) Flight tests: Turbine-engine-powered crewmembers shall not be carried dur- airplanes. The airplane performance of ing the flight. a turbine-engine-powered airplane with

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one engine inoperative must be deter- tions based on, and equal in accuracy mined by flight tests, including at to, the results of testing. least three takeoff tests, in accordance (6) The performance must be deter- with the following: mined using temperature account- (1) Takeoff speeds VR and V2, not less ability for takeoff distance and final than the corresponding speeds under takeoff climb computed in accordance which the airplane was type certifi- with § 25.101 of this chapter. cated under § 25.107 of this chapter, For the purpose of paragraphs (c)(4) must be chosen at which the airplane and (5) of this section, two critical en- may be controlled satisfactorily with gines means two adjacent engines on the critical engine inoperative (with one side of an airplane with four en- its propeller removed or in a configura- gines, and the center engine and one tion desired by the operator, if applica- outboard engine on an airplane with ble) and with all other engines oper- three engines. ating at not more than the power se- lected for type certification as set § 91.613 Materials for compartment in- forth in § 25.101 of this chapter. teriors. (2) The minimum takeoff field length No person may operate an airplane must be the horizontal distance re- that conforms to an amended or sup- quired to accelerate and climb to the plemental type certificate issued in ac- 35-foot height at V2 speed (including cordance with SFAR No. 41 for a max- any additional speed increment ob- imum certificated takeoff weight in ex- tained in the tests) multiplied by 115 cess of 12,500 pounds unless within 1 percent and determined with— year after issuance of the initial air- (i) The landing gear extended; worthiness certificate under that (ii) The critical engine inoperative SFAR the airplane meets the compart- and its propeller removed or in a con- ment interior requirements set forth in figuration desired by the operator (if § 25.853 (a), (b), (b–1), (b–2), and (b–3) of applicable); and this chapter in effect on September 26, (iii) The other engine operating at 1978. not more than the power selected for type certification as set forth in § 25.101 §§ 91.615–91.699 [Reserved] of this chapter. (3) The takeoff, flight, and landing Subpart H—Foreign Aircraft Oper- procedures such as the approximate ations and Operations of U.S.- trim setting, method of power applica- Registered Civil Aircraft Out- tion, maximum power, and speed must be established. The airplane must be side of the United States; and satisfactorily controllable during the Rules Governing Persons on entire takeoff run when operated ac- Board Such Aircraft cording to these procedures. (4) The performance must be deter- SOURCE: Docket No. 18334, 54 FR 34320, Aug. mined at a maximum weight not great- 18, 1989, unless otherwise noted. er than the weight determined under § 25.121(c) of this chapter but with— § 91.701 Applicability. (i) The actual steady gradient of the (a) This subpart applies to the oper- final takeoff climb requirement not ations of civil aircraft of U.S. registry less than 1.2 percent at the end of the outside of the United States and the takeoff path with two critical engines operations of foreign civil aircraft inoperative; and within the United States. (ii) The climb speed not less than the (b) Section 91.702 of this subpart also two-engine inoperative trim speed for applies to each person on board an air- the actual steady gradient of the final craft operated as follows: takeoff climb prescribed by paragraph (1) A U.S. registered civil aircraft op- (c)(4)(i) of this section. erated outside the United States; (5) The airplane must be satisfac- (2) Any aircraft operated outside the torily controllable in a climb with two United States— critical engines inoperative. Climb per- (i) That has its next scheduled des- formance may be shown by calcula- tination or last place of departure in

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the United States if the aircraft next Aviation Administration, 800 Independ- lands in the United States; or ence Avenue SW., Washington, DC (ii) If the aircraft lands in the United 20591; or at the Office of the Federal States with the individual still on the Register, 800 North Capitol Street, aircraft regardless of whether it was a NW., Suite 700, Washington, DC. In ad- scheduled or otherwise planned landing dition, Annex 2 may be purchased from site. the International Civil Aviation Orga- [Doc. No. FAA–1998–4954, 64 FR 1079, Jan. 7, nization (Attention: Distribution Offi- 1999] cer), P.O. Box 400, Succursale, Place de L’Aviation Internationale, 1000 § 91.702 Persons on board. Sherbrooke Street West, Montreal, Section 91.11 of this part (Prohibi- Quebec, Canada H3A 2R2. tions on interference with crew- [Doc. No. 18834, 54 FR 34320, Aug. 18, 1989, as members) applies to each person on amended by Amdt. 91–227, 56 FR 65661, Dec. board an aircraft. 17, 1991; Amdt. 91–254, 62 FR 17487, Apr. 9, [Doc. No. FAA–1998–4954, 64 FR 1079, Jan. 7, 1997] 1999] § 91.705 Operations within airspace § 91.703 Operations of civil aircraft of designated as Minimum Navigation U.S. registry outside of the United Performance Specification Air- States. space. (a) Each person operating a civil air- (a) Except as provided in paragraph craft of U.S. registry outside of the (b) of this section, no person may oper- United States shall— ate a civil aircraft of U.S. registry in (1) When over the high seas, comply airspace designated as Minimum Navi- with annex 2 (Rules of the Air) to the gation Performance Specifications air- Convention on International Civil space unless— Aviation and with §§ 91.117(c), 91.127, (1) The aircraft has approved naviga- 91.129, and 91.131; tion performance capability that com- (2) When within a foreign country, plies with the requirements of appendix comply with the regulations relating C of this part; and to the flight and maneuver of aircraft there in force; (2) The operator is authorized by the (3) Except for §§ 91.307(b), 91.309, Administrator to perform such oper- 91.323, and 91.711, comply with this part ations. so far as it is not inconsistent with ap- (b) The Administrator may authorize plicable regulations of the foreign a deviation from the requirements of country where the aircraft is operated this section in accordance with Section or annex 2 of the Convention on Inter- 3 of appendix C to this part. national Civil Aviation; and [Doc. No. 28870, 62 FR 17487, Apr. 9, 1997] (4) When operating within airspace designated as Minimum Navigation § 91.706 Operations within airspace Performance Specifications (MNPS) designed as Reduced Vertical Sepa- airspace, comply with § 91.705. When op- ration Minimum Airspace. erating within airspace designated as (a) Except as provided in paragraph Reduced Vertical Separation Minimum (RVSM) airspace, comply with § 91.706. (b) of this section, no person may oper- (b) Annex 2 to the Convention on ate a civil aircraft of U.S. registry in International Civil Aviation, Ninth airspace designated as Reduced Edition—July 1990, with Amendments Vertical Separation Minimum (RVSM) through Amendment 32 effective Feb- airspace unless: ruary 19, 1996, to which reference is (1) The operator and the operator’s made in this part, is incorporated into aircraft comply with the requirements this part and made a part hereof as of appendix G of this part; and provided in 5 U.S.C. § 552 and pursuant (2) The operator is authorized by the to 1 CFR part 51. Annex 2 (including a Administrator to conduct such oper- complete historic file of changes there- ations. to) is available for public inspection at (b) The Administrator may authorize the Rules Docket, AGC–200, Federal a deviation from the requirements of

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this section in accordance with Section aircraft is able to conduct two-way 5 of appendix G to this part. radio communications in the English language and is on duty during that op- [Doc. No. 28870, 62 FR 17487, Apr. 9, 1997] eration. § 91.707 Flights between Mexico or (c) IFR. No person may operate a for- Canada and the United States. eign civil aircraft under IFR unless— (1) That aircraft is equipped with— Unless otherwise authorized by ATC, (i) Radio equipment allowing two- no person may operate a civil aircraft way radio communication with ATC between Mexico or Canada and the when it is operated in controlled air- United States without filing an IFR or space; and VFR flight plan, as appropriate. (ii) Radio navigational equipment ap- § 91.709 Operations to Cuba. propriate to the navigational facilities to be used; No person may operate a civil air- (2) Each person piloting the air- craft from the United States to Cuba craft— unless— (i) Holds a current United States in- (a) Departure is from an inter- strument rating or is authorized by his national airport of entry designated in foreign airman certificate to pilot § 6.13 of the Air Commerce Regulations under IFR; and of the Bureau of Customs (19 CFR 6.13); (ii) Is thoroughly familiar with the and United States en route, holding, and (b) In the case of departure from any letdown procedures; and of the 48 contiguous States or the Dis- (3) At least one crewmember of that trict of Columbia, the pilot in com- aircraft is able to conduct two-way ra- mand of the aircraft has filed— diotelephone communications in the (1) A DVFR or IFR flight plan as pre- English language and that crewmember scribed in § 99.11 or § 99.13 of this chap- is on duty while the aircraft is ap- ter; and proaching, operating within, or leaving (2) A written statement, within 1 the United States. hour before departure, with the Office (d) Over water. Each person operating of Immigration and Naturalization a foreign civil aircraft over water off Service at the airport of departure, the shores of the United States shall containing— give flight notification or file a flight (i) All information in the flight plan; plan in accordance with the Supple- (ii) The name of each occupant of the mentary Procedures for the ICAO re- aircraft; gion concerned. (iii) The number of occupants of the (e) Flight at and above FL 240. If VOR aircraft; and navigational equipment is required (iv) A description of the cargo, if any. under paragraph (c)(1)(ii) of this sec- This section does not apply to the oper- tion, no person may operate a foreign ation of aircraft by a scheduled air car- civil aircraft within the 50 States and rier over routes authorized in oper- the District of Columbia at or above ations specifications issued by the Ad- FL 240, unless the aircraft is equipped ministrator. with distance measuring equipment (Approved by the Office of Management and (DME) capable of receiving and indi- Budget under control number 2120–0005) cating distance information from the VORTAC facilities to be used. When § 91.711 Special rules for foreign civil DME required by this paragraph fails aircraft. at and above FL 240, the pilot in com- (a) General. In addition to the other mand of the aircraft shall notify ATC applicable regulations of this part, immediately and may then continue each person operating a foreign civil operations at and above FL 240 to the aircraft within the United States shall next airport of intended landing at comply with this section. which repairs or replacement of the (b) VFR. No person may conduct VFR equipment can be made. However, para- operations which require two-way graph (e) of this section does not apply radio communications under this part to foreign civil aircraft that are not unless at least one crewmember of that equipped with DME when operated for

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the following purposes and if ATC is istrator considers necessary for safe notified prior to each takeoff: operation in the U.S. airspace. (1) Ferry flights to and from a place (c) No person may operate a foreign in the United States where repairs or civil aircraft under a special flight au- alterations are to be made. thorization unless that operation also (2) Ferry flights to a new country of complies with part 375 of the Special registry. Regulations of the Department of (3) Flight of a new aircraft of U.S. Transportation (14 CFR part 375). manufacture for the purpose of— (Approved by the Office of Management and (i) Flight testing the aircraft; Budget under control number 2120–0005) (ii) Training foreign flight crews in [Doc. No. 18334, 54 FR 34320, Aug. 18, 1989, as the operation of the aircraft; or amended by Amdt. 91–212, 54 FR 39293, Sept. (iii) Ferrying the aircraft for export 25, 1989] delivery outside the United States. (4) Ferry, demonstration, and test §§ 91.717–91.799 [Reserved] flight of an aircraft brought to the United States for the purpose of dem- Subpart I—Operating Noise Limits onstration or testing the whole or any part thereof. SOURCE: Docket No. 18334, 54 FR 34321, Aug. 18, 1989, unless otherwise noted. [Doc. No. 18834, 54 FR 34320, Aug. 18, 1989, as amended by Amdt. 91–227, 56 FR 65661, Dec. § 91.801 Applicability: Relation to part 17, 1991] 36. § 91.713 Operation of civil aircraft of (a) This subpart prescribes operating Cuban registry. noise limits and related requirements that apply, as follows, to the operation No person may operate a civil air- of civil aircraft in the United States. craft of Cuban registry except in con- (1) Sections 91.803, 91.805, 91.807, trolled airspace and in accordance with 91.809, and 91.811 apply to civil subsonic air traffic clearance or air traffic con- turbojet airplanes with maximum trol instructions that may require use weights of more than 75,000 pounds of specific airways or routes and land- and— ings at specific airports. (i) If U.S. registered, that have stand- ard airworthiness certificates; or § 91.715 Special flight authorizations (ii) If foreign registered, that would for foreign civil aircraft. be required by this chapter to have a (a) Foreign civil aircraft may be op- U.S. standard airworthiness certificate erated without airworthiness certifi- in order to conduct the operations in- cates required under § 91.203 if a special tended for the airplane were it reg- flight authorization for that operation istered in the United States. Those sec- is issued under this section. Applica- tions apply to operations to or from tion for a special flight authorization airports in the United States under must be made to the Flight Standards this part and parts 121, 125, 129, and 135 Division Manager or Aircraft Certifi- of this chapter. cation Directorate Manager of the FAA (2) Section 91.813 applies to U.S. oper- region in which the applicant is located ators of civil subsonic turbojet air- or to the region within which the U.S. planes covered by this subpart. This point of entry is located. However, in section applies to operators operating the case of an aircraft to be operated in to or from airports in the United 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

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have U.S. standard airworthiness cer- under part 121 or 129 of this chapter on tificates in order to conduct the oper- or after November 5, 1990. ations intended for the airplane. Those [Doc. No. 18334, 54 FR 34321, Aug. 18, 1989; sections apply to operations under this Amdt. 91–211, 54 FR 41211, Oct. 5, 1989, as part and under parts 121, 125, 129, and amended by Amdt. 91–225, 56 FR 48658, Sept. 135 of this chapter. 25, 1991; Amdt. 91–252, 61 FR 66185, Dec. 16, (b) Unless otherwise specified, as 1996] used in this subpart ‘‘part 36’’ refers to 14 CFR part 36, including the noise lev- § 91.803 Part 125 operators: Designa- els under appendix C of that part, not- tion of applicable regulations. withstanding the provisions of that For airplanes covered by this subpart part excepting certain airplanes from and operated under part 125 of this the specified noise requirements. For chapter, the following regulations purposes of this subpart, the various apply as specified: stages of noise levels, the terms used to (a) For each airplane operation to describe airplanes with respect to those which requirements prescribed under levels, and the terms ‘‘subsonic air- this subpart applied before November plane’’ and ‘‘supersonic airplane’’ have 29, 1980, those requirements of this sub- the meanings specified under part 36 of part continue to apply. this chapter. For purposes of this sub- (b) For each subsonic airplane oper- part, for subsonic airplanes operated in ation to which requirements prescribed foreign air commerce in the United under this subpart did not apply before States, the Administrator may accept November 29, 1980, because the airplane compliance with the noise require- was not operated in the United States ments under annex 16 of the Inter- under this part or part 121, 129, or 135 of national Civil Aviation Organization this chapter, the requirements pre- when those requirements have been scribed under §§ 91.805, 91.809, 91.811, and shown to be substantially compatible 91.813 of this subpart apply. with, and achieve results equivalent to (c) For each supersonic airplane oper- those achievable under, part 36 for that ation to which requirements prescribed airplane. Determinations made under under this subpart did not apply before these provisions are subject to the lim- November 29, 1980, because the airplane itations of § 36.5 of this chapter as if was not operated in the United States those noise levels were part 36 noise under this part or part 121, 129, or 135 of levels. this chapter, the requirements of (c) Sections 91.851 through 91.877 of §§ 91.819 and 91.821 of this subpart apply. this subpart prescribe operating noise (d) For each airplane required to op- limits and related requirements that erate under part 125 for which a devi- apply to any civil subsonic turbojet ation under that part is approved to airplane with a maximum certificated operate, in whole or in part, under this weight of more than 75,000 pounds oper- ating to or from an airport in the 48 part or part 121, 129, or 135 of this chap- contiguous United States and the Dis- ter, notwithstanding the approval, the trict of Columbia under this part, part requirements prescribed under para- 121, 125, 129, or 135 of this chapter on graphs (a), (b), and (c) of this section and after September 25, 1991. continue to apply. (d) Section 91.877 prescribes reporting § 91.805 Final compliance: Subsonic requirements that apply to any civil airplanes. subsonic turbojet airplane with a max- imum weight of more than 75,000 Except as provided in §§ 91.809 and pounds operated by an air carrier or 91.811, on and after January 1, 1985, no foreign air carrier between the contig- person may operate to or from an air- uous United States and the State of port in the United States any subsonic Hawaii, between the State of Hawaii airplane covered by this subpart unless and any point outside of the 48 contig- that airplane has been shown to com- uous United States, or between the is- ply with Stage 2 or Stage 3 noise levels lands of Hawaii in turnaround service, under part 36 of this chapter.

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§ 91.807 Phased compliance under by the operator under a binding con- parts 121, 125, and 135: Subsonic tract as follows: airplanes. (a) For replacement of an airplane (a) General. Each person operating powered by two engines, until January airplanes under part 121, 125, or 135 of 1, 1986, but not after the date specified this chapter, as prescribed under in the plan, if the contract is entered § 91.803 of this subpart, regardless of the into by January 1, 1983, and specifies state of registry of the airplane, shall delivery before January 1, 1986, of a re- comply with this section with respect placement airplane which has been to subsonic airplanes covered by this shown to comply with Stage 3 noise subpart. levels under part 36 of this chapter. (b) Compliance schedules. Except for (b) For replacement of an airplane airplanes shown to be operated in for- powered by three engines, until Janu- eign air commerce under paragraph (c) ary 1, 1985, but not after the date speci- of this section or covered by an exemp- fied in the plan, if the contract is en- tion (including those issued under tered into by January 1, 1983, and speci- § 91.811), airplanes operated by U.S. op- fies delivery before January 1, 1985, of a erators in air commerce in the United replacement airplane which has been States must be shown to comply with shown to comply with Stage 3 noise Stage 2 or Stage 3 noise levels under levels under part 36 of this chapter. part 36 of this chapter, in accordance (c) For replacement of any other air- with the following schedule, or they plane, until January 1, 1985, but not may not be operated to or from air- after the date specified in the plan, if ports in the United States: the contract specifies delivery before (1) By January 1, 1981— January 1, 1985, of a replacement air- plane which— (i) At least one quarter of the air- (1) Has been shown to comply with planes that have four engines with no Stage 2 or Stage 3 noise levels under bypass ratio or with a bypass ratio less part 36 of this chapter prior to issuance than two; and of an original standard airworthiness (ii) At least half of the airplanes pow- certificate; or ered by engines with any other bypass (2) Has been shown to comply with ratio or by another number of engines. Stage 3 noise levels under part 36 of (2) By January 1, 1983— this chapter prior to issuance of a (i) At least one-half of the airplanes standard airworthiness certificate that have four engines with no bypass other than original issue. ratio or with a bypass ratio less than (d) Each operator of a Stage 1 air- two; and plane for which approval of a replace- (ii) All airplanes powered by engines ment plan is requested under this sec- with any other bypass ratio or by an- tion shall submit to the Director, Of- other number of engines. fice of Environment and Energy, an ap- (c) Apportionment of airplanes. For plication constituting the proposed re- purposes of paragraph (b) of this sec- placement plan (or revised plan) that tion, a person operating airplanes en- contains the information specified gaged in domestic and foreign air com- under this paragraph and which is cer- merce in the United States may elect tified (under penalty of 18 U.S.C. 1001) not to comply with the phased schedule as true and correct. Each application with respect to that portion of the air- for approval must provide information planes operated by that person shown, corresponding to that specified in the under an approved method of appor- contract, upon which the FAA may tionment, to be engaged in foreign air rely in considering its approval, as fol- commerce in the United States. lows: (1) Name and address of the appli- § 91.809 Replacement airplanes. cant. A Stage 1 airplane may be operated (2) Aircraft type and model and reg- after the otherwise applicable compli- istration number for each airplane to ance dates prescribed under §§ 91.805 be replaced under the plan. and 91.807 if, under an approved plan, a (3) Aircraft type and model of each replacement airplane has been ordered replacement airplane.

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(4) Scheduled dates of delivery and ance with this section, the operator’s introduction into service of each re- current compliance status and plan for placement airplane. achieving and maintaining compliance (5) Names and addresses of the par- with the applicable noise level require- ties to the contract and any other per- ments of this subpart. If appropriate, sons who may effectively cancel the an operator may substitute for the re- contract or otherwise control the per- quired plan a notice, certified as true formance of any party. (under penalty of 18 U.S.C. 1001) by that (6) Information specifying the antici- operator, that no change in the plan or pated disposition of the airplanes to be status of any airplane affected by the replaced. plan has occurred since the date of the (7) A statement that the contract plan most recently submitted under represents a legally enforceable, mu- this section. tual agreement for delivery of an eligi- (b) Each compliance plan, including ble replacement airplane. each revised plan, must contain the in- (8) Any other information or docu- formation specified under paragraph (c) mentation requested by the Director, of this section for each airplane cov- Office of Environment and Energy, rea- ered by this section that is operated by sonably necessary to determine wheth- the operator. Unless otherwise ap- er the plan should be approved. proved by the Administrator, compli- ance plans must provide the required § 91.811 Service to small communities plan and status information as it exists exemption: Two-engine, subsonic on the date 30 days before the date airplanes. specified for submission of the plan. (a) A Stage l airplane powered by two Plans must be certified by the operator engines may be operated after the com- as true and complete (under penalty of pliance dates prescribed under §§ 91.805, 18 U.S.C. 1001) and be submitted for 91.807, and 91.809 when, with respect to each airplane covered by this section that airplane, the Administrator issues on or before 90 days after initially com- an exemption to the operator from the mencing operation of airplanes covered noise level requirements under this by this section, whichever is later, and subpart. Each exemption issued under thereafter— this section terminates on the earliest (1) Thirty days after any change in of the following dates: the operator’s fleet or compliance plan- (1) For an exempted airplane sold, or ning decisions that has a separate or otherwise disposed of, to another per- cumulative effect on 10 percent or son on or after January 1, 1983, on the more of the airplanes in either class of date of delivery to that person. airplanes covered by § 91.807(b); and (2) For an exempted airplane with a (2) Thirty days after each compliance seating configuration of 100 passenger date applicable to that airplane under seats or less, on January 1, 1988. this subpart, and annually thereafter (3) For an exempted airplane with a through 1985, or until any later date for seating configuration of more than 100 that airplane prescribed under this sub- passenger seats, on January 1, 1985. part, on the anniversary of that sub- (b) For the purpose of this section, mission date, to show continuous com- the seating configuration of an air- pliance with this subpart. plane is governed by that shown to (c) Each compliance plan submitted exist on December 1, 1979, or an earlier under this section must identify the date established for that airplane by operator and include information re- the Administrator. garding the compliance plan and status for each airplane covered by the plan § 91.813 Compliance plans and status: as follows: U.S. operations of subsonic air- (1) Name and address of the airplane planes. operator. (a) Each U.S. operator of a civil sub- (2) Name and telephone number of sonic airplane covered by this subpart the person designated by the operator (regardless of the state of registry) to be responsible for the preparation of shall submit to the Director, Office of the compliance plan and its submis- Environment and Energy, in accord- sion.

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(3) The total number of airplanes cov- (x) For DC–8 and B–707 airplanes op- ered by this section and in each of the erated in foreign air commerce in the following classes and subclasses: United States which have been or will (i) For airplanes engaged in domestic be retired from service in the United air commerce— States without replacement between (A) Airplanes powered by four tur- April 14, 1980, and January 1, 1985, the bojet engines with no bypass ratio or appropriate code prescribed under with a bypass ratio less than two; paragraph (c)(5) of this section followed (B) Airplanes powered by engines by the actual or scheduled month and with any other bypass ratio or by an- year of retirement of the airplane from other number of engines; and service; (C) Airplanes covered by an exemp- (xi) For airplanes covered by an ap- tion issued under § 91.811 of this sub- proved replacement plan under part. § 91.807(c) of this subpart, the appro- (ii) For airplanes engaged in foreign priate code prescribed under paragraph air commerce under an approved appor- (c)(5) of this section followed by the tionment plan— scheduled month and year for replace- (A) Airplanes powered by four tur- ment of the airplane; bojet engines with no bypass ratio or (xii) For airplanes designated as ‘‘en- with a bypass ratio less than two; gaged in foreign commerce’’ in accord- (B) Airplanes powered by engines ance with an approved method of ap- with any other bypass ratio or by an- portionment under § 91.807(c) of this other number of engines; and subpart, the appropriate code pre- (C) Airplanes covered by an exemp- scribed under paragraph (c)(5) of this tion issued under § 91.811 of this sub- section; part. (xiii) For airplanes covered by an ex- (4) For each airplane covered by this emption issued to the operator grant- section— ing relief from noise level requirements (i) Aircraft type and model; of this subpart, the appropriate code (ii) Aircraft registration number; prescribed under paragraph (c)(5) of (iii) Aircraft manufacturer serial this section followed by the actual or number; scheduled month and year of expiration (iv) Aircraft powerplant make and of the exemption and the appropriate model; code and applicable dates which indi- (v) Aircraft year of manufacture; cate the compliance strategy planned (vi) Whether part 36 noise level com- or implemented for the airplane; pliance has been shown, ‘‘Yes/No’’; (xiv) For all airplanes covered by this (vii) The appropriate code prescribed section, the number of spare shipsets of under paragraph (c)(5) of this section acoustical components needed for con- which indicates the acoustical tech- tinuous compliance and the number nology installed, or to be installed, on available on demand to the operator in the airplane; support of those airplanes; and (viii) For airplanes on which acous- (xv) For airplanes for which none of tical technology has been or will be ap- the other codes prescribed under para- plied, following the appropriate code graph (c)(5) of this section describes ei- entry, the actual or scheduled month ther the technology applied or to be ap- and year of installation on the air- plied to the airplane in accordance plane; with the certification requirements (ix) For DC–8 and B–707 airplanes op- under parts 21 and 36 of this chapter, or erated in domestic U.S. air commerce the compliance strategy or method- which have been or will be retired from ology following the code ‘‘OTH,’’ enter service in the United States without the date of any certificate action and replacement between January 24, 1977, attach an addendum to the plan ex- and January 1, 1985, the appropriate plaining the nature and the extent of code prescribed under paragraph (c)(5) the certificated technology, strategy, of this section followed by the actual or methodology employed, with ref- or scheduled month and year of retire- erence to the type certificate docu- ment of the airplane from service; mentation.

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(5) TABLE OF ACOUSTICAL TECHNOLOGY/ (An addendum must explain the nature STRATEGY CODES and extent of technology, strategy, or methodology and reference the type Airplane type/ Code model Certificate technology certificate documentation.)

ABÐ707Ð120B; Quiet nacelles + 1-ring. § 91.815 Agricultural and fire fighting BÐ707Ð 320B/C; BÐ airplanes: Noise operating limita- 720B. tions. BBÐ727Ð100 ..... Double wall fan duct treat- ment. (a) This section applies to propeller- CBÐ727Ð200 ..... Double wall fan duct treatment driven, small airplanes having standard (pre-January 1977 installa- airworthiness certificates that are de- tions and amended type cer- tificate). signed for ‘‘agricultural aircraft oper- DBÐ727Ð200; BÐ Quiet nacelles + double wall ations’’ (as defined in § 137.3 of this 737Ð100; BÐ fan duct treatment. chapter, as effective on January 1, 1966) 737Ð200. EBÐ747Ð100 Fixed lip inlets + sound ab- or for dispensing fire fighting mate- (pre-Decem- sorbing material treatment. rials. ber 1971); (b) If the Airplane Flight Manual, or BÐ747Ð200 (pre-Decem- other approved manual material infor- ber 1971). mation, markings, or placards for the FDCÐ8 ...... New extended inlet and bullet airplane indicate that the airplane has with treatment + fan duct treatment areas. not been shown to comply with the GDCÐ9 ...... PÐ36 sound absorbing mate- noise limits under part 36 of this chap- rial treatment kit. ter, no person may operate that air- H BACÐ111Ð200 Silencer kit (BAC Acoustic Re- port 522). plane, except— I BACÐ111Ð400 Silencer kit (BAC Acoustic Re- (1) To the extent necessary to accom- port 598). plish the work activity directly associ- JBÐ707; DCÐ8 .. Reengined with high bypass ratio turbojet engines + quiet ated with the purpose for which it is nacelles (if certificated under designed; stage 3 noise level require- (2) To provide flight crewmember ments). training in the special purpose oper- REP—For airplanes covered by an ation for which the airplane is de- approved replacement plan under signed; and § 91.807(c) of this subpart. (3) To conduct ‘‘nondispensing aerial EFC—For airplanes designated as work operations’’ in accordance with ‘‘engaged in foreign commerce’’ in ac- the requirements under § 137.29(c) of cordance with an approved method of this chapter. apportionment under § 91.811 of this subpart. § 91.817 Civil aircraft sonic boom. RET—For DC–8 and B–707 airplanes (a) No person may operate a civil air- operated in domestic U.S. air com- craft in the United States at a true merce and retired from service in the flight Mach number greater than 1 ex- United States without replacement be- cept in compliance with conditions and tween January 24, 1977, and January 1, limitations in an authorization to ex- 1985. RFC—For DC–8 and B–707 air- ceed Mach 1 issued to the operator planes operated by U.S. operators in under appendix B of this part. foreign air commerce in the United States and retired from service in the (b) In addition, no person may oper- United States without replacement be- ate a civil aircraft for which the max- tween April 14, 1980, and January 1, imum operating limit speed MM0 ex- 1985. ceeds a Mach number of 1, to or from EXD—For airplanes exempted from an airport in the United States, un- showing compliance with the noise less— level requirements of this subpart. (1) Information available to the OTH—For airplanes for which no flight crew includes flight limitations other prescribed code describes either that ensure that flights entering or the certificated technology applied or leaving the United States will not to be applied to the airplane, or the cause a sonic boom to reach the surface compliance strategy or methodology. within the United States; and

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(2) The operator complies with the Fleet means those civil subsonic tur- flight limitations prescribed in para- bojet airplanes with a maximum cer- graph (b)(1) of this section or complies tificated weight of more than 75,000 with conditions and limitations in an pounds that are listed on an operator’s authorization to exceed Mach 1 issued operations specifications as eligible for under appendix B of this part. operation in the contiguous United (Approved by the Office of Management and States. Budget under control number 2120–0005) Import means a change in ownership of an airplane from a non-U.S. person § 91.819 Civil supersonic airplanes that to a U.S. person when the airplane is do not comply with part 36. brought into the United States for op- (a) Applicability. This section applies eration. to civil supersonic airplanes that have Operations specifications means an not been shown to comply with the enumeration of airplanes by type, Stage 2 noise limits of part 36 in effect model, series, and serial number oper- on October 13, 1977, using applicable ated by the operator or foreign air car- trade-off provisions, and that are oper- rier on a given day, regardless of how ated in the United States, after July 31, 1978. or whether such airplanes are formally (b) Airport use. Except in an emer- listed or designated by the operator. gency, the following apply to each per- Owner means any person that has in- son who operates a civil supersonic air- dicia of ownership sufficient to register plane to or from an airport in the the airplane in the United States pur- United States: suant to part 47 of this chapter. (1) Regardless of whether a type de- New entrant means an air carrier or sign change approval is applied for foreign air carrier that, on or before under part 21 of this chapter, no person November 5, 1990, did not conduct oper- may land or take off an airplane cov- ations under part 121 or 129 of this ered by this section for which the type chapter using an airplane covered by design is changed, after July 31, 1978, in this subpart to or from any airport in a manner constituting an ‘‘acoustical the contiguous United States, but that change’’ under § 21.93 unless the acous- initiates such operation after that tical change requirements of part 36 date. are complied with. Stage 2 noise levels mean the require- (2) No flight may be scheduled, or ments for Stage 2 noise levels as de- otherwise planned, for takeoff or land- fined in part 36 of this chapter in effect ing after 10 p.m. and before 7 a.m. local time. on November 5, 1990. Stage 3 noise levels mean the require- § 91.821 Civil supersonic airplanes: ments for Stage 3 noise levels as de- Noise limits. fined in part 36 of this chapter in effect Except for Concorde airplanes having on November 5, 1990. flight time before January 1, 1980, no Stage 2 airplane means a civil sub- person may operate in the United sonic turbojet airplane with a max- States, a civil supersonic airplane that imum certificated weight of 75,000 does not comply with Stage 2 noise pounds or more that complies with limits of part 36 in effect on October 13, Stage 2 noise levels as defined in part 1977, using applicable trade-off provi- 36 of this chapter. sions. Stage 3 airplane means a civil sub- sonic turbojet airplane with a max- §§ 91.823–91.849 [Reserved] imum certificated weight of 75,000 § 91.851 Definitions. pounds or more that complies with For the purposes of § 91.851 through Stage 3 noise levels as defined in part 91.877 of this subpart: 36 of this chapter. Contiguous United States means the [Doc. No. 26433, 56 FR 48658, Sept. 25, 1991, as area encompassed by the 48 contiguous amended by Amdt. 91–252, 61 FR 66185, Dec. United States and the District of Co- 16, 1996] lumbia.

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§ 91.853 Final compliance: Civil sub- (2) Enters into the United States not sonic airplanes. later than 6 months after the expira- tion of a lease agreement (including Except as provided in § 91.873, after De- any extensions thereof) between an cember 31, 1999, no person shall operate owner described in paragraph (f)(1) of to or from any airport in the contig- this section and a foreign airline. uous United States any airplane sub- (g) The airplane complies with Stage ject to § 91.801(c) of this subpart, unless 2 noise levels and was purchased by the that airplane has been shown to com- importer under a written contract exe- ply with Stage 3 noise levels. cuted before November 5, 1990. [Doc. No. 26433, 56 FR 48658, Sept. 25, 1991] (h) Any Stage 2 airplane described in this section is eligible for operation in § 91.855 Entry and nonaddition rule. the contiguous United States only as No person may operate any airplane provided under § 91.865 or 91.867. subject to § 91.801(c) of this subpart to [Doc. No. 26433, 56 FR 48658, Sept. 25, 1991; 56 or from an airport in the contiguous FR 51167, Oct. 10, 1991] United States unless one or more of the following apply: § 91.857 Stage 2 operations outside of (a) The airplane complies with Stage the 48 contiguous United States, 3 noise levels. and authorization for maintenance. (b) The airplane complies with Stage An operator of a Stage 2 airplane 2 noise levels and was owned by a U.S. that is operating only between points person on and since November 5, 1990. outside the contiguous United States Stage 2 airplanes that meet these cri- on or after November 5, 1990, shall— teria and are leased to foreign airlines (a) Include in its operations speci- are also subject to the return provi- fications a statement that such air- sions of paragraph (e) of this section. plane may not be used to provide air (c) The airplane complies with Stage transportation to or from any airport 2 noise levels, is owned by a non-U.S. in the contiguous United States. person, and is the subject of a binding (b) Obtain a special flight authoriza- lease to a U.S. person effective before tion to operate that airplane into the and on September 25, 1991. Any such contiguous United States for the pur- airplane may be operated for the term pose of maintenance. The special flight of the lease in effect on that date, and authorization must include a state- any extensions thereof provided for in ment indicating that this regulation is that lease. the basis for the authorization. (d) The airplane complies with Stage 2 noise levels and is operated by a for- [Doc. No. 26433, 56 FR 48658, Sept. 25, 1991, as eign air carrier. amended by Amdt. 91–252, 61 FR 66185, Dec. 16, 1996] (e) The airplane complies with Stage 2 noise levels and is operated by a for- § 91.859 Modification to meet Stage 3 eign operator other than for the pur- noise levels. pose of foreign air commerce. For an airplane subject to § 91.801(c) (f) The airplane complies with Stage of this subpart and otherwise prohib- 2 noise levels and— ited from operation to or from an air- (1) On November 5, 1990, was owned port in the contiguous United States by: by § 91.855, any person may apply for a (i) A corporation, trust, or partner- special flight authorization for that ship organized under the laws of the airplane to operate in the contiguous United States or any State (including United States for the purpose of ob- individual States, territories, posses- taining modifications to meet Stage 3 sions, and the District of Columbia); noise levels. (ii) An individual who is a citizen of the United States; or [Doc. No. 26433, 56 FR 48658, Sept. 25, 1991] (iii) An entity owned or controlled by a corporation, trust, partnership, or in- § 91.861 Base level. dividual described in paragraph (f)(1) (i) (a) U.S. Operators. The base level of a or (ii) of this section; and U.S. operator is equal to the number of

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

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(b) Each operator that chooses to service without regard to the percent- comply with this paragraph pursuant age of its fleet composed of Stage 3 air- to any interim compliance requirement planes. shall reduce the number of Stage 2 air- (2) After December 31, 1994, at least 25 planes it operates that are eligible for percent of the fleet on U.S. operations operation in the contiguous United specifications of a new entrant foreign States to a maximum of: air carrier must comply with Stage 3 (1) After December 31, 1994, 75 percent noise levels. of the base level held by the operator; (3) After December 31, 1996, at least 50 (2) After December 31, 1996, 50 percent percent of the fleet on U.S. operations of the base level held by the operator; specifications of a new entrant foreign (3) After December 31, 1998, 25 percent air carrier must comply with Stage 3 of the base level held by the operator. noise levels. (c) Except as provided under § 91.871, (4) After December 31, 1998, at least 75 the number of Stage 2 airplanes that percent of the fleet on U.S. operations must be reduced at each compliance specifications of a new entrant foreign date contained in paragraph (b) of this air carrier must comply with Stage 3 section shall be determined by ref- noise levels. erence to the amount of base level held (c) Calculations resulting in fractions by the operator on that compliance may be rounded to permit the contin- date, as calculated under § 91.861. ued operation of the next whole num- (d) Each operator that chooses to ber of Stage 2 airplanes. comply with this paragraph pursuant to any interim compliance requirement [Doc. No. 26433, 56 FR 48659, Sept. 25, 1991, as shall operate a fleet that consists of: amended by Amdt. 91–252, 61 FR 66185, Dec. (1) After December 31, 1994, not less 16, 1996] than 55 percent Stage 3 airplanes; § 91.869 Carry-forward compliance. (2) After December 31, 1996, not less than 65 percent Stage 3 airplanes; (a) Any operator that exceeds the re- (3) After December 31, 1998, not less quirements of paragraph (b) of § 91.865 than 75 percent Stage 3 airplanes. of this part on or before December 31, (e) Calculations resulting in fractions 1994, or on or before December 31, 1996, may be rounded to permit the contin- may claim a credit that may be applied ued operation of the next whole num- at a subsequent interim compliance ber of Stage 2 airplanes. date. (b) Any operator that eliminates or [Doc. No. 26433, 56 FR 48659, Sept. 25, 1991] modifies more Stage 2 airplanes pursu- § 91.867 Phased compliance for new ant to § 91.865(b) than required as of De- entrants. cember 31, 1994, or December 31, 1996, 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

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§ 91.865 or 91.867 of this subpart may re- United States will comply with the quest a waiver from any individual Stage 3 noise levels. compliance requirement. (b) An application for the waiver de- (b) Applications must be filed with scribed in paragraph (a) of this section the Secretary of Transportation at must be filed with the Secretary of least 120 days prior to the compliance Transportation no later than January date from which the waiver is re- 1, 1999. Such application must include a quested. plan with firm orders for replacing or (c) Applicants must show that a modifying all airplanes to comply with grant of waiver would be in the public Stage 3 noise levels at the earliest interest, and must include in its appli- practicable time. cation its plans and activities for modi- (c) To be eligible to apply for the fying its fleet, including evidence of waiver under this section, a new en- good faith efforts to comply with the trant U.S. air carrier must initiate requirements of § 91.865 or § 91.867. The service no later than January 1, 1999, application should contain all informa- and must comply fully with all provi- tion the applicant considers relevant, sions of this section. including, as appropriate, the fol- (d) The Secretary may grant a waiver lowing: under this section if the Secretary (1) The applicant’s balance sheet and finds that granting such waiver is in cash flow positions; the public interest. In making such a (2) The composition of the applicant’s finding, the Secretary shall include current fleet; and consideration of the effect of granting (3) The applicant’s delivery position such waiver on competition in the air with respect to new airplanes or noise- carrier industry and the effect on small abatement equipment. community air service, and any other (d) Waivers will be granted only upon information submitted by the appli- a showing by the applicant that com- cant that the Secretary considers rel- pliance with the requirements of evant. § 91.865 or 91.867 at a particular interim compliance date is financially onerous, (e) The term of any waiver granted physically impossible, or techno- under this section shall be determined logically infeasible, or that it would by the circumstances presented in the have an adverse effect on competition application, but in no case will the or on service to small communities. waiver permit the operation of any (e) The conditions of any waiver Stage 2 airplane covered by this sub- granted under this section shall be de- chapter in the contiguous United termined by the circumstances pre- States after December 31, 2003. sented in the application, but in no (f) A summary of any request for a case may the term extend beyond the waiver under this section will be pub- next interim compliance date. lished in the FEDERAL REGISTER, and (f) A summary of any request for a public comment will be invited. Unless waiver under this section will be pub- the secretary finds that circumstances lished in the FEDERAL REGISTER, and require otherwise, the public comment public comment will be invited. Unless period will be at least 14 days. the Secretary finds that circumstances [Doc. No. 26433, 56 FR 48660, Sept. 25, 1991; 56 require otherwise, the public comment FR 51167 Oct. 10, 1991] period will be at least 14 days. [Doc. No. 26433, 56 FR 48660, Sept. 25, 1991] § 91.875 Annual progress reports. (a) Each operator subject to § 91.865 § 91.873 Waivers from final compli- or § 91.867 of this chapter shall submit ance. an annual report to the FAA, Office of (a) A U.S. air carrier may apply for a Environment and Energy, on the waiver from the prohibition contained progress it has made toward complying in § 91.853 for its remaining Stage 2 air- with the requirements of that section. planes, provided that, by July 1, 1999, Such reports shall be submitted no at least 85 percent of the airplanes used later than 45 days after the end of a by the carrier to provide service to or calendar year. All progress reports from an airport in the contiguous must provide the information through

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the end of the calendar year, be cer- ment Stage 3 airplanes or the installa- tified by the operator as true and com- tion of noise abatement retrofit equip- plete (under penalty of 18 U.S.C. 1001), ment; and and include the following information: (ii) A separate list (by type, model, (1) The name and address of the oper- series, and serial number) of those air- ator; planes included in the operator’s base (2) The name, title, and telephone level, pursuant to § 91.861(a)(1) (i) and number of the person designated by the (ii), under the categories ‘‘returned’’ or operator to be responsible for ensuring ‘‘purchased,’’ along with the date each the accuracy of the information in the was added to its operations specifica- report; tions. (3) The operator’s progress during the (c) Each operator subject to § 91.865 or reporting period toward compliance § 91.867 of this chapter shall submit sub- with the requirements of § 91.853, sequent annual progress reports cov- § 91.865 or § 91.867. For airplanes on U.S. ering the calendar year preceding the operations specifications, each oper- report and including any changes in ator shall identify the airplanes by the information provided in paragraphs type, model, series, and serial number. (a) and (b) of this section; including the (i) Each Stage 2 airplane added or re- use of any carry-forward credits pursu- moved from operation or U.S. oper- ant to § 91.869. ations specifications (grouped sepa- (d) An operator may request, in any rately by those airplanes acquired with report, that specific planning data be and without base level); considered proprietary. (ii) Each Stage 2 airplane modified to (e) If an operator’s actions during Stage 3 noise levels (identifying the any reporting period cause it to manufacturer and model of noise achieve compliance with § 91.853, the re- abatement retrofit equipment; port should include a statement to that (iii) Each Stage 3 airplane on U.S. op- effect. Further progress reports are not erations specifications as of the last required unless there is any change in day of the reporting period; and the information reported pursuant to (iv) For each Stage 2 airplane trans- paragraph (a) of this section. ferred or acquired, the name and ad- (f) For each U.S. operator subject to dress of the recipient or transferor; § 91.865, progress reports submitted for and, if base level was transferred, the calendar years 1994, 1996, and 1998, shall person to or from whom base level was also state how the operator achieved transferred or acquired pursuant to compliance with the requirements of Section 91.863 along with the effective that section, i.e.— date of each base level transaction, and (1) By reducing the number of Stage the type of base level transferred or ac- 2 airplanes in its fleet to no more than quired. the maximum permitted percentage of (b) Each operator subject to § 91.865 its base level under § 91.865(b), or or § 91.867 of this chapter shall submit (2) By operating a fleet that consists an initial progress report covering the of at least the minimum required per- period from January 1, 1990, through centage of Stage 3 airplanes under December 31, 1991, and provide: § 91.865(d). (1) For each operator subject to (Approved by the Office of Management and § 91.865: Budget under control number 2120–0553) (i) The date used to establish its base [Doc. No. 26433, 56 FR 48660, Sept. 25, 1991; 56 level pursuant to § 91.861(a); and FR 51168, Oct. 10, 1991, as amended by 57 FR (ii) A list of those Stage 2 airplanes 5977, Feb. 19, 1992] (by type, model, series and serial num- ber) in its base level, including adjust- § 91.877 Annual reporting of Hawaiian ments made pursuant to § 91.861 after operations. the date its base level was established. (a) Each air carrier or foreign air car- (2) For each U.S. operator: rier subject to § 91.865 or § 91.867 of this (i) A plan to meet the compliance part that conducts operations between schedules in § 91.865 or § 91.867 and the the contiguous United States and the final compliance date of § 91.853, includ- State of Hawaii, between the State of ing the schedule for delivery of replace- Hawaii and any point outside of the

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contiguous United States, or between (iii) For an air carrier that provided the islands of Hawaii in turnaround inter-island trunaround service within service, on or since November 5, 1990, the state of Hawaii on November 5, shall include in its annual report the 1990, the number reported under para- information described in paragraph (c) graph (c)(2)(i) of this section may in- of this section. clude all Stage 2 airplanes with a max- (b) Each air carrier or foreign air car- imum certificated takeoff weight of rier not subject to § 91.865 or § 91.867 of more than 75,000 pounds that were this part that conducts operations be- owned or leased by the air carrier on tween the contiguous U.S. and the November 5, 1990, regardless of whether State of Hawaii, between the State of such airplanes were operated by that Hawaii and any point outside of the air carrier or foreign air carrier on contiguous United States, or between that date. the islands of Hawaii in turnaround (3) For operations conducted between service, on or since November 5, 1990, the State of Hawaii and a point outside shall submit an annual report to the the contiguous United States— FAA, Office of Environment and En- (i) The number of Stage 2 airplanes ergy, on its compliance with the Ha- used to conduct such operations as of waiian operations provisions of 49 November 5, 1990; and U.S.C. 47528. Such reports shall be sub- (ii) Any change to that number dur- mitted no later than 45 days after the ing the calendar year being reported, end of a calendar year. All progress re- including the date of such change. ports must provide the information (d) Reports or amended reports for through the end of the calendar year, years predating this regulation are re- be certified by the operator as true and quired to be filed concurrently with the complete (under penalty of 18 U.S.C. next annual report. 1001), and include the following infor- [Doc. No. 28213, 61 FR 66185, Dec. 16, 1996] mation— (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 (2) For air carriers that conduct as specified in that certificate of waiv- inter-island turnaround service in the er. 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. ing the calendar year being reported, 91.107 Use of safety belts. including the date of such change; 91.111 Operating near other aircraft.

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91.113 Right-of-way rules: Except water op- §§ 91.907–91.999 [Reserved] erations. 91.115 Right-of-way rules: Water operations. APPENDICES TO PART 91 91.117 Aircraft speed. 91.119 Minimum safe altitudes: General. APPENDIX A TO PART 91—CATEGORY II 91.121 Altimeter settings. OPERATIONS: MANUAL, INSTRU- 91.123 Compliance with ATC clearances and MENTS, EQUIPMENT, AND MAINTE- instructions. NANCE 91.125 ATC light signals. 91.126 Operating on or in the vicinity of an 1. Category II Manual airport in Class G airspace. (a) Application for approval. An applicant 91.127 Operating on or in the vicinity of an for approval of a Category II manual or an airport in Class E airspace. amendment to an approved Category II man- 91.129 Operations in Class D airspace. ual must submit the proposed manual or 91.130 Operations in Class C airspace. amendment to the Flight Standards District 91.131 Operations in Class B airspace. Office having jurisdiction of the area in 91.133 Restricted and prohibited areas. which the applicant is located. If the appli- 91.135 Operations in Class A airspace. cation requests an evaluation program, it 91.137 Temporary flight restrictions. must include the following: 91.141 Flight restrictions in the proximity (1) The location of the aircraft and the of the Presidential and other parties. place where the demonstrations are to be conducted; and 91.143 Flight limitation in the proximity of (2) The date the demonstrations are to space flight operations. commence (at least 10 days after filing the 91.153 VFR flight plan: Information re- application). quired. (b) Contents. Each Category II manual 91.155 Basic VFR weather minimums must contain: 91.157 Special VFR weather minimums. (1) The registration number, make, and 91.159 VFR cruising altitude or flight level. model of the aircraft to which it applies; 91.169 IFR flight plan: Information required. (2) A maintenance program as specified in 91.173 ATC clearance and flight plan re- section 4 of this appendix; and quired. (3) The procedures and instructions related 91.175 Takeoff and landing under IFR. to recognition of decision height, use of run- 91.177 Minimum altitudes for IFR oper- way visual range information, approach ations. monitoring, the decision region (the region 91.179 IFR cruising altitude or flight level. between the middle marker and the decision 91.181 Course to be flown. height), the maximum permissible devi- 91.183 IFR radio communications. ations of the basic ILS indicator within the decision region, a missed approach, use of 91.185 IFR operations: Two-way radio com- airborne low approach equipment, minimum munications failure. altitude for the use of the autopilot, instru- 91.187 Operation under IFR in controlled ment and equipment failure warning sys- airspace: Malfunction reports. tems, instrument failure, and other proce- 91.209 Aircraft lights. dures, instructions, and limitations that 91.303 Aerobatic flights. may be found necessary by the Adminis- 91.305 Flight test areas. trator. 91.311 Towing: Other than under § 91.309. 91.313(e) Restricted category civil aircraft: 2. Required Instruments and Equipment Operating limitations. The instruments and equipment listed in 91.515 Flight altitude rules. this section must be installed in each air- 91.705 Operations within the North Atlantic craft operated in a Category II operation. Minimum Navigation Performance Spec- This section does not require duplication of ifications Airspace. instruments and equipment required by 91.707 Flights between Mexico or Canada § 91.205 or any other provisions of this chap- and the United States. ter. 91.713 Operation of civil aircraft of Cuban (a) Group I. (1) Two localizer and glide registry. slope receiving systems. Each system must provide a basic ILS display and each side of [Doc. No. 18334, 54 FR 34325, Aug. 18, 1989, as the instrument panel must have a basic ILS amended by Amdt. 91–227, 56 FR 65661, Dec. display. However, a single localizer antenna 17, 1991] and a single glide slope antenna may be used.

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

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(5) Systems that contain a push-to-test (iii) Speed control at the 100-foot decision feature must test the entire system (with or height if auto throttles are used. without an antenna) at a simulated altitude (iv) Trim condition of the aircraft upon of less than 500 feet. disconnecting the auto coupler with respect (6) The system must provide to the flight to continuation to flare and landing. crew a positive failure warning display any (v) Position of the aircraft at the middle time there is a loss of power or an absence of marker and at the decision height indicated ground return signals within the designed both on a diagram of the basic ILS display range of operating altitudes. and a diagram of the runway extended to the (d) Other instruments and equipment. All middle marker. Estimated touchdown point other instruments and items of equipment must be indicated on the runway diagram. required by § 2 of this appendix must be capa- (vi) Compatibility of flight director with ble of performing as necessary for Category the auto coupler, if applicable. II operations. Approval is also required after (vii) Quality of overall system perform- each subsequent alteration to these instru- ance. ments and items of equipment. (4) Evaluation. A final evaluation of the (e) Evaluation program—(1) Application. Ap- flight control guidance system is made upon proval by evaluation is requested as a part of successful completion of the demonstrations. the application for approval of the Category If no hazardous tendencies have been dis- II manual. played or are otherwise known to exist, the (2) Demonstrations. Unless otherwise au- system is approved as installed. thorized by the Administrator, the evalua- tion program for each aircraft requires the 4. Maintenance program demonstrations specified in this paragraph. At least 50 ILS approaches must be flown (a) Each maintenance program must con- with at least five approaches on each of tain the following: three different ILS facilities and no more (1) A list of each instrument and item of than one half of the total approaches on any equipment specified in § 2 of this appendix one ILS facility. All approaches shall be that is installed in the aircraft and approved flown under simulated instrument conditions for Category II operations, including the to a 100-foot decision height and 90 percent of make and model of those specified in § 2(a). the total approaches made must be success- (2) A schedule that provides for the per- ful. A successful approach is one in which— formance of inspections under subparagraph (i) At the 100-foot decision height, the indi- (5) of this paragraph within 3 calendar cated airspeed and heading are satisfactory months after the date of the previous inspec- for a normal flare and landing (speed must be tion. The inspection must be performed by a plus or minus 5 knots of programmed air- person authorized by part 43 of this chapter, speed, but may not be less than computed except that each alternate inspection may be threshold speed if autothrottles are used); replaced by a functional flight check. This (ii) The aircraft at the 100-foot decision functional flight check must be performed height, is positioned so that the cockpit is by a pilot holding a Category II pilot author- within, and tracking so as to remain within, ization for the type aircraft checked. the lateral confines of the runway extended; (3) A schedule that provides for the per- (iii) Deviation from glide slope after leav- formance of bench checks for each listed in- ing the outer marker does not exceed 50 per- strument and item of equipment that is spec- cent of full-scale deflection as displayed on ified in section 2(a) within 12 calendar the ILS indicator; months after the date of the previous bench (iv) No unusual roughness or excessive at- check. titude changes occur after leaving the mid- (4) A schedule that provides for the per- dle marker; and formance of a test and inspection of each (v) In the case of an aircraft equipped with static pressure system in accordance with an approach coupler, the aircraft is suffi- appendix E to part 43 of this chapter within ciently in trim when the approach coupler is 12 calendar months after the date of the pre- disconnected at the decision height to allow vious test and inspection. for the continuation of a normal approach (5) The procedures for the performance of and landing. the periodic inspections and functional flight (3) Records. During the evaluation program checks to determine the ability of each list- the following information must be main- ed instrument and item of equipment speci- tained by the applicant for the aircraft with fied in section 2(a) of this appendix to per- respect to each approach and made available form as approved for Category II operations to the Adninistrator upon request: including a procedure for recording func- (i) Each deficiency in airborne instruments tional flight checks. and equipment that prevented the initiation (6) A procedure for assuring that the pilot of an approach. is informed of all defects in listed instru- (ii) The reasons for discontinuing an ap- ments and items of equipment. proach, including the altitude above the run- (7) A procedure for assuring that the condi- way at which it was discontinued. tion of each listed instrument and item of

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equipment upon which maintenance is per- 4321 et seq.), and to assist him in complying formed is at least equal to its Category II ap- with that act and with related Executive Or- proval condition before it is returned to serv- ders, guidelines, and orders prior to such ac- ice for Category II operations. tion. (8) A procedure for an entry in the mainte- (c) In addition, each application for an au- nance records required by § 43.9 of this chap- thorization to exceed Mach 1 covered by sec- ter that shows the date, airport, and reasons tion 2(a) of this appendix must contain— for each discontinued Category II operation (1) Information showing that operation at because of a malfunction of a listed instru- a speed greater than Mach 1 is necessary to ment or item of equipment. accomplish one or more of the purposes spec- (b) Bench check. A bench check required by ified in section 2(a) of this appendix, includ- this section must comply with this para- ing a showing that the purpose of the test graph. cannot be safely or properly accomplished by (1) It must be performed by a certificated overocean testing; repair station holding one of the following (2) A description of the test area proposed ratings as appropriate to the equipment by the applicant, including an environmental checked: analysis of that area meeting the require- (i) An instrument rating. ments of paragraph (b) of this section; and (ii) A radio rating. (3) Conditions and limitations that will en- (iii) A rating issued under subpart D of sure that no measurable sonic boom over- part 145 of this chapter. pressure will reach the surface outside of the (2) It must consist of removal of an instru- designated test area. ment or item of equipment and performance (d) An application is denied if the Adminis- of the following: trator finds that such action is necessary to (i) A visual inspection for cleanliness, im- protect or enhance the environment. pending failure, and the need for lubrication, repair, or replacement of parts; Section 2. Issuance (ii) Correction of items found by that vis- (a) For a flight in a designated test area, ual inspection; and an authorization to exceed Mach 1 may be (iii) Calibration to at least the manufac- issued when the Administrator has taken the turer’s specifications unless otherwise speci- environmental protective actions specified fied in the approved Category II manual for in section 1(b) of this appendix and the appli- the aircraft in which the instrument or item cant shows one or more of the following: of equipment is installed. (1) The flight is necessary to show compli- (c) Extensions. After the completion of one ance with airworthiness requirements. maintenance cycle of 12 calendar months, a (2) The flight is necessary to determine the request to extend the period for checks, sonic boom characteristics of the airplane or tests, and inspections is approved if it is to establish means of reducing or elimi- shown that the performance of particular nating the effects of sonic boom. equipment justifies the requested extension. (3) The flight is necessary to demonstrate [Doc. No. 18334, 54 FR 34325, Aug. 18, 1989] the conditions and limitations under which speeds greater than a true flight Mach num- EFFECTIVE DATE NOTE: At 66 FR 41116, Aug. ber of 1 will not cause a measurable sonic 6, 2001, appendix A to part 91 was amended by boom overpressure to reach the surface. removing paragraph 4(b)(1)(iii), effective Apr. (b) For a flight outside of a designated test 6, 2003. area, an authorization to exceed Mach 1 may be issued if the applicant shows conserv- APPENDIX B TO PART 91—AUTHORIZA- atively under paragraph (a)(3) of this section TIONS TO EXCEED MACH 1 (§ 91.817) that— (1) The flight will not cause a measurable Section 1. Application sonic boom overpressure to reach the surface (a) An applicant for an authorization to ex- when the aircraft is operated under condi- ceed Mach 1 must apply in a form and man- tions and limitations demonstrated under ner prescribed by the Administrator and paragraph (a)(3) of this section; and must comply with this appendix. (2) Those conditions and limitations rep- (b) In addition, each application for an au- resent all foreseeable operating conditions. thorization to exceed Mach 1 covered by sec- Section 3. Duration tion 2(a) of this appendix must contain all information requested by the Administrator (a) An authorization to exceed Mach 1 is ef- necessary to assist him in determining fective until it expires or is surrendered, or whether the designation of a particular test until it is suspended or terminated by the area or issuance of a particular authoriza- Administrator. Such an authorization may tion is a ‘‘major Federal action significantly be amended or suspended by the Adminis- affecting the quality of the human environ- trator at any time if the Administrator finds ment’’ within the meaning of the National that such action is necessary to protect the Environmental Policy Act of 1969 (42 U.S.C. environment. Within 30 days of notification

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of amendnent, the holder of the authoriza- (92.6 Km and 129.6 Km) off the cleared track tion must request reconsideration or the shall be less than 13 × 10¥5 (less than 1 hour amendnent becomes final. Within 30 days of in 7,693 flight hours.) notification of suspension, the holder of the authorization must request reconsideration Section 3 or the authorization is automatically termi- Air traffic control (ATC) may authorize an nated. If reconsideration is requested within aircraft operator to deviate from the re- the 30-day period, the amendment or suspen- quirements of § 91.705 for a specific flight if, sion continues until the holder shows why at the time of flight plan filing for that the authorization should not be amended or flight, ATC determines that the aircraft may terminated. Upon such showing, the Admin- be provided appropriate separation and that istrator may terminate or amend the author- the flight will not interfere with, or impose ization if the Administrator finds that such a burden upon, the operations of other air- action is necessary to protect the environ- craft which meet the requirements of § 91.705. ment, or he may reinstate the authorization without amendment if he finds that termi- [Doc. No. 18334, 54 FR 34327, Aug. 18, 1989, as nation or amendnent is not necessary to pro- amended by Amdt. 91–254, 62 FR 17487, Apr. 9, tect the environment. 1997] (b) Findings and actions by the Adminis- trator under this section do not affect any APPENDIX D TO PART 91—AIRPORTS/LO- certificate issued under title VI of the Fed- CATIONS: SPECIAL OPERATING RE- eral Aviation Act of 1958. STRICTIONS

[Doc. No. 18334, 54 FR 34327, Aug. 18, 1989] Section 1. Locations at which the require- ments of § 91.215(b)(2) apply. APPENDIX C TO PART 91—OPERATIONS IN The requirements of § 91.215(b)(2) apply THE NORTH ATLANTIC (NAT) MIN- below 10,000 feet above the surface within a IMUM NAVIGATION PERFORMANCE 30-nautical-mile radius of each location in SPECIFICATIONS (MNPS) AIRSPACE the following list: Atlanta, GA (The William B. Hartsfield At- Section 1 lanta International Airport) NAT MNPS airspace is that volume of air- Baltimore, MD (Baltimore Washington Inter- space between FL 285 and FL 420 extending national Airport) between latitude 27 degrees north and the Boston, MA (General Edward Lawrence North Pole, bounded in the east by the east- Logan International Airport) ern boundaries of control areas Santa Maria Chantilly, VA (Washington Dulles Inter- Oceanic, Shanwick Oceanic, and Reykjavik national Airport) Oceanic and in the west by the western Charlotte, NC (Charlotte/Douglas Inter- boundary of Reykjavik Oceanic Control national Airport) Area, the western boundary of Gander Oce- Chicago, IL Chicago-O’Hare International anic Control Area, and the western boundary Airport) of New York Oceanic Control Area, excluding Cleveland, OH (Cleveland-Hopkins Inter- the areas west of 60 degrees west and south national Airport) of 38 degrees 30 minutes north. Covington, KY (Cincinnati Northern Ken- tucky International Airport) Section 2 Dallas, TX (Dallas/Fort Worth Regional Air- The navigation performance capability re- port) quired for aircraft to be operated in the air- Denver, CO (Denver International Airport) space defined in section 1 of this appendix is Detroit, MI (Metropolitan Wayne County as follows: Airport) (a) The standard deviation of lateral track Honolulu, HI (Honolulu International Air- errors shall be less than 6.3 NM (11.7 Km). port) Standard deviation is a statistical measure Houston, TX (George Bush Intercontinental of data about a mean value. The mean is zero Airport/Houston) nautical miles. The overall form of data is Kansas City, KS (Mid-Continent Inter- such that the plus and minus 1 standard de- national Airport) viation about the mean encompasses ap- Las Vegas, NV (McCarran International Air- proximately 68 percent of the data and plus port) or minus 2 deviations encompasses approxi- Los Angeles, CA (Los Angeles International mately 95 percent. Airport) (b) The proportion of the total flight time Memphis, TN (Memphis International Air- spent by aircraft 30 NM (55.6 Km) or more off port) the cleared track shall be less than 5.3 × 10¥4 Miami, FL (Miami International Airport) (less than 1 hour in 1,887 flight hours). Minneapolis, MN (Minneapolis-St. Paul (c) The proportion of the total flight time International Airport) spent by aircraft between 50 NM and 70 NM Newark, NJ (Newark International Airport)

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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 Phoenix, AZ (Phoenix Sky Harbor Inter- Airport-Moisant Field) national Airport) Philadelphia, PA (Philadelphia International Pittsburgh, PA (Greater Pittsburgh Inter- Airport) national Airport) Pittsburgh, PA (Greater Pittsburgh Inter- St. Louis, MO (Lambert-St. Louis Inter- national Airport) national Airport) Portland, OR (Portland International Air- Salt Lake City, UT (Salt Lake City Inter- port) national Airport) San Francisco, CA (San Francisco Inter- San Diego, CA (San Diego International Air- national Airport) port) Seattle, WA (Seattle-Tacoma International San Francisco, CA (San Francisco Inter- Airport) national Airport) St. Louis, MO (Lambert-St. Louis Inter- Seattle, WA (Seattle-Tacoma International national Airport) Airport) Tampa, FL (Tampa International Airport) Tampa, FL (Tampa International Airport) Washington, DC (Ronald Reagan Washington Washington, DC (Ronald Reagan Washington National Airport and Andrews Air Force National Airport and Andrews Air Force Base, MD) Base, MD) Section 4. Locations at which solo student Section 2. Airports at which the require- pilot activity is not permitted. ments of § 91.215(b)(5)(ii) apply. [Reserved] Pursuant to § 91.131(b)(2), solo student pilot Section 3. Locations at which fixed-wing operations are not permitted at any of the Special VFR operations are prohibited. following airports. The Special VFR weather minimums of Atlanta, GA (The William B. Hartsfield At- § 91.157 do not apply to the following air- lanta International Airport) ports: Boston, MA (General Edward Lawrence Atlanta, GA (The William B. Hartsfield At- Logan International Airport) lanta International Airport) Chicago, IL (Chicago-O’Hare International Baltimore, MD (Baltimore/Washington Inter- Airport) national Airport) Dallas, TX (Dallas/Fort Worth Regional Air- Boston, MA (General Edward Lawrence port) Logan International Airport) Los Angeles, CA (Los Angeles International Buffalo, NY (Greater Buffalo International Airport) Airport) Miami, FL (Miami International Airport) Chicago, IL (Chicago-O’Hare International Newark, NJ (Newark International Airport) Airport) New York, NY (John F. Kennedy Inter- Cleveland, OH (Cleveland-Hopkins Inter- national Airport) national Airport) New York, NY (LaGuardia Airport) Columbus, OH (Port Columbus International San Francisco, CA (San Francisco Inter- Airport) national Airport) Covington, KY (Cincinnati Northern Ken- Washington, DC (Washington National Air- tucky International Airport) port) Dallas, TX (Dallas/Fort Worth Regional Air- Andrews Air Force Base, MD port) [Amdt. 91–227, 56 FR 65661, Dec. 17, 1991, as Dallas, TX (Love Field) amended by Amdt. 91–235, 58 FR 51968, Oct. 5, Denver, CO (Denver International Airport) 1993; Amdt. 91–236, 59 FR 2918, Jan. 19, 1994; Detroit, MI (Metropolitan Wayne County Amdt. 91–237, 59 FR 6547, Feb. 11, 1994; 59 FR Airport) 37667, July 25, 1994; Amdt. 91–258, 64 FR 66769, Honolulu, HI (Honolulu International Air- Nov. 30, 1999] port) Houston, TX (George Bush Intercontinental EFFECTIVE DATE NOTE: By Amdt. 91–236, 59 Airport/Houston) FR 2918, Jan. 19, 1994, as corrected by Amdt. Indianapolis, IN (Indianapolis International 91–237, 59 FR 6547, Feb. 11, 1994, appendix D to Airport) part 91 was amended in sections 1 and 3 in Los Angeles, CA (Los Angeles International the Denver, CO entry by revising Airport) ‘‘Stapleton’’ to read ‘‘Denver’’ effective Louisville, KY (Standiford Field) March 9, 1994. By Amdt. 91–238, 59 FR 10958, Memphis, TN (Memphis International Air- Mar. 9, 1994, the effective date was delayed to port) May 15, 1994. By Amdt. 91–241, 59 FR 24916,

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May 13, 1994, the effective date was sus- pended indefinitely.

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 Position. Engine Power, Each Full Range ...... ±3% unless higher 1 ...... 1% 3 Engine: uniquely required. Fan or N 1 Speed Maximum Range ...... ±5% ...... 1 ...... 1% 3 or EPR or Cockpit indica- tions Used for Aircraft Certifi- cation OR. Prop. speed and ...... 1 (prop Speed) ...... 1%3 Torque (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 0Ð100% range ..... ±3% ...... 1 ...... 1%3 Analog). Each discrete position (U, ...... 1 ...... D, T/O, AAP) OR. Thrust Reverser, Analog 0Ð100% 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. [Doc. No. 18334, 54 FR 34327, Aug. 18, 1989]

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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 C51Ða). 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 StatusÐEngaged Engaged or Disengaged ...... 1 ...... (Discrete). SAS Fault Status Fault/OK ...... 1 ...... (Discrete). Flight Controls Collective ...... Full range ...... ±3% ...... 2 ...... 1%2. Pedal Position ...... Full range ...... ±3% ...... 2 ...... 1%2. Lat. Cyclic ...... Full range ...... ±3% ...... 2 ...... 1%2. Long. Cyclic ...... Full range ...... ±3% ...... 2 ...... 1%2. Controllable Stabilator Full range ...... ±3% ...... 2 ...... 1%2. Position. 1 When data sources are aircraft instruments (except altimeters) of acceptable quality to fly the aircraft the recording system excluding these sensors (but including all other characteristics of the recording system) shall contribute no more than half of the values in this column. 2 Per cent of full range. 3 This column applies to aircraft manufactured after October 11, 1991. [Doc. No. 18334, 54 FR 34328, Aug. 18, 1989; 54 FR 41211, Oct. 5, 1989; 54 FR 53036, Dec. 26, 1989]

APPENDIX G TO PART 91—OPERATIONS IN minimum of 1,000 feet vertically between REDUCED VERTICAL SEPARATION flight level (FL) 290 and FL 410 inclusive. MINIMUM (RVSM) AIRSPACE RVSM airspace is special qualification air- space; the operator and the aircraft used by Section 1. Definitions the operator must be approved by the Ad- ministrator. Air-traffic control notifies oper- Reduced Vertical Separation Minimum ators of RVSM by providing route planning (RVSM) Airspace. Within RVSM airspace, air traffic control (ATC) separates aircraft by a

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information. Section 8 of this appendix iden- (2) To the upper Mach/airspeed boundary tifies airspace where RVSM may be applied. defined for the full RVSM flight envelope, or RVSM Group Aircraft. Aircraft within a a specified lower value not less than the group of aircraft, approved as a group by the long-range cruise Mach number plus .04 Administrator, in which each of the aircraft Mach, unless further limited by available satisfy each of the following: cruise thrust, buffet, or other flight limita- (a) The aircraft have been manufactured to tions. the same design, and have been approved under the same type certificate, amended Section 2. Aircraft Approval type certificate, or supplemental type cer- (a) An operator may be authorized to con- tificate. duct RVSM operations if the Administrator (b) The static system of each aircraft is in- finds that its aircraft comply with this sec- stalled in a manner and position that is the tion. same as those of the other aircraft in the (b) The applicant for authorization shall group. The same static source error correc- submit the appropriate data package for air- tion is incorporated in each aircraft of the craft approval. The package must consist of group. at least the following: (c) The avionics units installed in each air- (1) An identification of the RVSM aircraft craft to meet the minimum RVSM equip- group or the nongroup aircraft; ment requirements of this appendix are: (2) A definition of the RVSM flight enve- (1) Manufactured to the same manufac- lopes applicable to the subject aircraft; turer specification and have the same part (3) Documentation that establishes compli- number; or ance with the applicable RVSM aircraft re- (2) Of a different manufacturer or part quirements of this section; and number, if the applicant demonstrates that (4) The conformity tests used to ensure the equipment provides equivalent system that aircraft approved with the data package performance. meet the RVSM aircraft requirements. RVSM Nongroup Aircraft. An aircraft that (c) Altitude-keeping equipment: All aircraft. is approved for RVSM operations as an indi- To approve an aircraft group or a nongroup vidual aircraft. aircraft, the Administrator must find that RVSM Flight envelope. An RVSM flight en- the aircraft meets the following require- velope includes the range of Mach number, ments: weight divided by atmospheric pressure (1) The aircraft must be equipped with two ratio, and altitudes over which an aircraft is operational independent altitude measure- approved to be operated in cruising flight ment systems. within RVSM airspace. RVSM flight enve- (2) The aircraft must be equipped with at lopes are defined as follows: least one automatic altitude control system (a) The full RVSM flight envelope is bounded that controls the aircraft altitude— as follows: (i) Within a tolerance band of ±65 feet (1) The altitude flight envelope extends about an acquired altitude when the aircraft from FL 290 upward to the lowest altitude of is operated in straight and level flight under the following: nonturbulent, nongust conditions; or (i) FL 410 (the RVSM altitude limit); (ii) Within a tolerance band of ±130 feet (ii) The maximum certificated altitude for under nonturbulent, nongust conditions for the aircraft; or aircraft for which application for type cer- (iii) The altitude limited by cruise thrust, tification occurred on or before April 9, 1997 buffet, or other flight limitations. that are equipped with an automatic altitude (2) The airspeed flight envelope extends: control system with flight management/per- (i) From the airspeed of the slats/flaps-up formance system inputs. maximum endurance (holding) airspeed, or (3) The aircraft must be equipped with an the maneuvering airspeed, whichever is altitude alert system that signals an alert lower; when the altitude displayed to the flight (ii) To the maximum operating airspeed crew deviates from the selected altitude by (Vmo/Mmo), or airspeed limited by cruise more than: thrust buffet, or other flight limitations, (i) ±300 feet for aircraft for which applica- whichever is lower. tion for type certification was made on or (3) All permissible gross weights within the before April 9, 1997; or flight envelopes defined in paragraphs (1) and (ii) ±200 feet for aircraft for which applica- (2) of this definition. tion for type certification is made after (b) The basic RVSM flight envelope is the April 9, 1997. same as the full RVSM flight envelope ex- (d) Altimetry system error containment: Group cept that the airspeed flight envelope ex- aircraft for which application for type certifi- tends: cation was made on or before April 9, 1997. To (1) From the airspeed of the slats/flaps-up approve group aircraft for which application maximum endurance (holding) airspeed, or for type certification was made on or before the maneuver airspeed, whichever is lower; April 9, 1997, the Administrator must find

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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, ard deviations reaches its largest absolute the Administrator notifies the applicant in value, the absolute value may not exceed 200 writing. feet. (3) At the point in the full RVSM flight en- Section 3. Operator Authorization velope where mean ASE reaches its largest (a) Authority for an operator to conduct absolute value, the absolute value may not flight in airspace where RVSM is applied is exceed 120 feet. issued in operations specifications or a Let- (4) At the point in the full RVSM flight en- ter of Authorization, as appropriate. To issue velope where mean ASE plus three standard an RVSM authorization, the Administrator deviations reaches its largest absolute value, must find that the operator’s aircraft have the absolute value may not exceed 245 feet. been approved in accordance with Section 2 (5) Necessary operating restrictions. If the ap- of this appendix and that the operator com- plicant demonstrates that its aircraft other- plies with this section. wise comply with the ASE containment re- (b) An applicant for authorization to oper- quirements, the Administrator may estab- ate within RVSM airspace shall apply in a lish an operating restriction on that appli- cant’s aircraft to restrict the aircraft from form and manner prescribed by the Adminis- operating in areas of the basic RVSM flight trator. The application must include the fol- envelope where the absolute value of mean lowing: ASE exceeds 80 feet, and/or the absolute (1) An approved RVSM maintenance pro- value of mean ASE plus three standard devi- gram outlining procedures to maintain ations exceeds 200 feet; or from operating in RVSM aircraft in accordance with the re- areas of the full RVSM flight envelope where quirements of this appendix. Each program the absolute value of the mean ASE exceeds must contain the following: 120 feet and/or the absolute value of the (i) Periodic inspections, functional flight mean ASE plus three standard deviations ex- tests, and maintenance and inspection proce- ceeds 245 feet. dures, with acceptable maintenance prac- (e) Altimetry system error containment: Group tices, for ensuring continued compliance aircraft for which application for type certifi- with the RVSM aircraft requirements. cation is made after April 9, 1997. To approve (ii) A quality assurance program for ensur- group aircraft for which application for type ing continuing accuracy and reliability of certification is made after April 9, 1997, the test equipment used for testing aircraft to Administrator must find that the altimetry determine compliance with the RVSM air- system error (ASE) is contained as follows: craft requirements. (1) At the point in the full RVSM flight en- (iii) Procedures for returning noncompli- velope where mean ASE reaches its largest ant aircraft to service. absolute value, the absolute value may not (2) For an applicant who operates under exceed 80 feet. part 121 or 135, initial and recurring pilot (2) At the point in the full RVSM flight en- training requirements. velope where mean ASE plus three standard (3) Policies and Procedures. An applicant deviations reaches its largest absolute value, who operates under part 121 or 135 shall sub- the absolute value may not exceed 200 feet. mit RVSM policies and procedures that will (f) Altimetry system error containment: enable it to conduct RVSM operations safe- Nongroup aircraft. To approve a nongroup air- ly. craft, the Administrator must find that the (c) Validation and Demonstration. In a altimetry system error (ASE) is contained as manner prescribed by the Administrator, the follows: operator must provide evidence that: (1) For each condition in the basic RVSM (1) It is capable to operate and maintain flight envelope, the largest combined abso- each aircraft or aircraft group for which it lute value for residual static source error applies for approval to operate in RVSM air- plus the avionics error may not exceed 160 space; and feet. (2) Each pilot has an adequate knowledge (2) For each condition in the full RVSM of RVSM requirements, policies, and proce- flight envelope, the largest combined abso- dures. lute value for residual static source error Section 4. RVSM Operations plus the avionics error may not exceed 200 feet. (a) Each person requesting a clearance to (g) Traffic Alert and Collision Avoidance operate within RVSM airspace shall cor- System (TCAS) Compatibility With RVSM rectly annotate the flight plan filed with air

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traffic control with the status of the oper- (c) Failing to report an altitude-keeping ator and aircraft with regard to RVSM ap- error. proval. Each operator shall verify RVSM ap- plicability for the flight planned route Section 8. Airspace Designation through the appropriate flight planning in- (a) RVSM in the North Atlantic. (1) RVSM formation sources. (b) No person may show, on the flight plan may be applied in the NAT in the following filed with air traffic control, an operator or ICAO Flight Information Regions (FIRs): aircraft as approved for RVSM operations, or New York Oceanic, Gander Oceanic, operate on a route or in an area where RVSM Sondrestrom FIR, Reykjavik Oceanic, approval is required, unless: Shanwick Oceanic, and Santa Maria Oceanic. (1) The operator is authorized by the Ad- (2) RVSM may be effective in the Minimum ministrator to perform such operations; and Navigation Performance Specification (2) The aircraft has been approved and (MNPS) airspace within the NAT. The MNPS complies with the requirements of Section 2 airspace within the NAT is defined by the of this appendix. volume of airspace between FL 285 and FL 420 (inclusive) extending between latitude 27 Section 5. Deviation Authority Approval degrees north and the North Pole, bounded The Administrator may authorize an air- in the east by the eastern boundaries of con- craft operator to deviate from the require- trol areas Santa Maria Oceanic, Shanwick ments of § 91.706 for a specific flight in RVSM Oceanic, and Reykjavik Oceanic and in the airspace if that operator has not been ap- west by the western boundaries of control proved in accordance with Section 3 of this areas Reykjavik Oceanic, Gander Oceanic, appendix, and if: and New York Oceanic, excluding the areas (2) The operator submits an appropriate re- west of 60 degrees west and south of 38 de- quest with the air traffic control center con- grees 30 minutes north. trolling the airspace, (request should be (b) RVSM in the Pacific. (1) RVSM may be made at least 48 hours in advance of the op- eration unless prevented by exceptional cir- applied in the Pacific in the following ICAO cumstances); and Flight Information Regions (FIRs): Anchor- (b) At the time of filing the flight plan for age Arctic, Anchorage Continental, Anchor- that flight, ATC determines that the aircraft age Oceanic, Auckland Oceanic, Brisbane, may be provided appropriate separation and Edmonton, Honiara, Los Angeles, Melbourne, that the flight will not interfere with, or im- Nadi, Naha, Nauru, New Zealand, Oakland, pose a burden on, the operations of operators Oakland Oceanic, Port Moresby, Seattle, Ta- who have been approved for RVSM oper- hiti, Tokyo, Ujung Pandang and Vancouver. ations in accordance with Section 3 of this (c) RVSM in the West Atlantic Route System appendix. (WATRS). RVSM may be applied in the New York FIR portion of the West Atlantic Route Section 6. Reporting Altitude-Keeping Errors System (WATRS). The area is defined as be- Each operator shall report to the Adminis- ginning at a point 38°30′ N/60°00′W direct to trator each event in which the operator’s 38°30′N/69°15′ W direct to 38°20′ N/69°57′ W di- aircraft has exhibited the following altitude- rect to 37°31′ N/71°41′ W direct to 37°13′ N/72°40′ keeping performance: W direct to 35°05′ N/72°40′ W direct to 34°54′ N/ (a) Total vertical error of 300 feet or more; 72°57′ W direct to 34°29′ N/73°34′ W direct to (b) Altimetry system error of 245 feet or 34°33′ N/73°41′ W direct to 34°19′ N/74°02′ W di- more; or rect to 34°14′ N/73°57′ W direct to 32°12′ N/76°49′ (c) Assigned altitude deviation of 300 feet W direct to 32°20′ N/77°00′ W direct to 28°08′ N/ or more. 77°00′ W direct to 27°50′ N/76°32′ W direct to Section 7. Removal or Amendment of Authority 27°50′ N/74°50′ W direct to 25°00′ N/73°21′ W di- rect to 25°00′05′ N/69°13′06′ W direct to 25°00′ N/ The Administrator may amend operations 69°07′ W direct to 23°30′ N/68°40′ W direct to specifications to revoke or restrict an RVSM 23°30′ N/60°00′ W to the point of beginning. authorization, or may revoke or restrict an RVSM letter of authorization, if the Admin- [Doc. No. 28870, 62 FR 17487, Apr. 9, 1997, as istrator determines that the operator is not amended by Amdt. 91–261, 65 FR 5942, Feb. 7, complying, or is unable to comply, with this 2000; Amdt. 91–271, 66 FR 63895, Dec. 10, 2001] appendix or subpart H of this part. Examples of reasons for amendment, revocation, or re- striction include, but are not limited to, an PART 93—SPECIAL AIR TRAFFIC operator’s: RULES AND AIRPORT TRAFFIC (a) Committing one or more altitude-keep- PATTERNS ing errors in RVSM airspace; (b) Failing to make an effective and timely response to identify and correct an altitude- SPECIAL FEDERAL AVIATION REGULATION keeping error; or SFAR NO. 60 [NOTE]

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