Subchapter F—Air Traffic and General Operating Rules

SUBCHAPTER F—AIR TRAFFIC AND GENERAL OPERATING RULES

PART 91—GENERAL OPERATING 91.109 Flight instruction; Simulated instrument flight and certain flight tests. AND FLIGHT RULES 91.111 Operating near other aircraft. 91.113 Right-of-way rules: Except water op- SPECIAL FEDERAL AVIATION REGULATION NO. erations. 50–2 91.115 Right-of-way rules: Water operations. SPECIAL FEDERAL AVIATION REGULATION NO. 91.117 Aircraft speed. 51–1 91.119 Minimum safe altitudes: General. SPECIAL FEDERAL AVIATION REGULATION NO. 91.121 Altimeter settings. 60 91.123 Compliance with ATC clearances and SPECIAL FEDERAL AVIATION REGULATION NO. instructions. 61–2 91.125 ATC light signals. SPECIAL FEDERAL AVIATION REGULATION NO. 91.126 Operating on or in the vicinity of an 65–1 airport in Class G airspace. SPECIAL FEDERAL AVIATION REGULATION NO. 91.127 Operating on or in the vicinity of an 71 airport in Class E airspace. SPECIAL FEDERAL AVIATION REGULATION NO. 91.129 Operations in Class D airspace. 77 91.130 Operations in Class C airspace. SPECIAL FEDERAL AVIATION REGULATION NO. 91.131 Operations in Class B airspace. 78 91.133 Restricted and prohibited areas. SPECIAL FEDERAL AVIATION REGULATION NO. 91.135 Operations in Class A airspace. 79 91.137 Temporary flight restrictionsin the SPECIAL FEDERAL AVIATION REGULATION NO. vicinity of disaster/hazard areas. 87 91.138 Temporary flight restrictions in na- SPECIAL FEDERAL AVIATION REGULATION NO. tional disaster areas in the State of Ha- 94 waii. 91.139 Emergency air traffic rules. Subpart A—General 91.141 Flight restrictions in the proximity of the Presidential and other parties. Sec. 91.143 Flight limitation in the proximity of 91.1 Applicability. space flight operations. 91.3 Responsibility and authority of the 91.144 Temporary restriction on flight oper- pilot in command. ations during abnormally high baro- 91.5 Pilot in command of aircraft requiring metric pressure conditions. more than one required pilot. 91.145 Management of aircraft operations in 91.7 Civil aircraft airworthiness. the vicinity of aerial demonstrations and 91.9 Civil aircraft flight manual, marking, major sporting events. and placard requirements. 91.146–91.149 [Reserved] 91.11 Prohibition on interference with crewmembers. VISUAL FLIGHT RULES 91.13 Careless or reckless operation. 91.15 Dropping objects. 91.151 Fuel requirements for flight in VFR 91.17 Alcohol or drugs. conditions. 91.19 Carriage of narcotic drugs, marihuana, 91.153 VFR flight plan: Information re- and depressant or stimulant drugs or quired. substances. 91.155 Basic VFR weather minimums. 91.21 Portable electronic devices. 91.157 Special VFR weather minimums. 91.23 Truth-in-leasing clause requirement in 91.159 VFR cruising altitude or flight level. leases and conditional sales contracts. 91.161–91.165 [Reserved] 91.25 Aviation Safety Reporting Program: Prohibition against use of reports for en- INSTRUMENT FLIGHT RULES forcement purposes. 91.167 Fuel requirements for flight in IFR 91.27–91.99 [Reserved] conditions. 91.169 IFR flight plan: Information required. Subpart B—Flight Rules 91.171 VOR equipment check for IFR operations. GENERAL 91.173 ATC clearance and flight plan re- 91.101 Applicability. quired. 91.103 Preflight action. 91.175 Takeoff and landing under IFR. 91.105 Flight crewmembers at stations. 91.177 Minimum altitudes for IFR oper- 91.107 Use of safety belts, shoulder har- ations. nesses, and child restraint systems. 91.179 IFR cruising altitude or flight level.

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91.181 Course to be flown. 91.403 General. 91.183 IFR radio communications. 91.405 Maintenance required. 91.185 IFR operations: Two-way radio com- 91.407 Operation after maintenance, preven- munications failure. tive maintenance, rebuilding, or alter- 91.187 Operation under IFR in controlled ation. airspace: Malfunction reports. 91.409 Inspections. 91.189 Category II and III operations: Gen- 91.410 Special maintenance program re- eral operating rules. quirements. 91.191 Category II and Category III manual. 91.411 Altimeter system and altitude report- 91.193 Certificate of authorization for cer- ing equipment tests and inspections. tain Category II operations. 91.413 ATC transponder tests and inspec- 91.195–91.199 [Reserved] tions. Subpart C—Equipment, Instrument, and 91.415 Changes to aircraft inspection programs. Certificate Requirements 91.417 Maintenance records. 91.201 [Reserved] 91.419 Transfer of maintenance records. 91.203 Civil aircraft: Certifications required. 91.421 Rebuilt engine maintenance records. 91.205 Powered civil aircraft with standard 91.423–91.499 [Reserved] category U.S. airworthiness certificates: Instrument and equipment requirements. Subpart F—Large and Turbine-Powered 91.207 Emergency locator transmitters. Multiengine Airplanes 91.209 Aircraft lights. 91.211 Supplemental oxygen. 91.501 Applicability. 91.213 Inoperative instruments and equip- 91.503 Flying equipment and operating in- ment. formation. 91.215 ATC transponder and altitude report- 91.505 Familiarity with operating limita- ing equipment and use. tions and emergency equipment. 91.217 Data correspondence between auto- 91.507 Equipment requirements: Over-the- matically reported pressure altitude data top or night VFR operations. and the pilot’s altitude reference. 91.509 Survival equipment for overwater op- 91.219 Altitude alerting system or device: erations. Turbojet-powered civil airplanes. 91.511 Radio equipment for overwater oper- 91.221 Traffic alert and collision avoidance ations. system equipment and use. 91.513 Emergency equipment. 91.223 Terrain awareness and warning sys- 91.515 Flight altitude rules. tem. 91.517 Passenger information. 91.224–91.299 [Reserved] 91.519 Passenger briefing. Subpart D—Special Flight Operations 91.521 Shoulder harness. 91.523 Carry-on baggage. 91.301 [Reserved] 91.525 Carriage of cargo. 91.303 Aerobatic flight. 91.527 Operating in icing conditions. 91.305 Flight test areas. 91.529 Flight engineer requirements. 91.307 Parachutes and parachuting. 91.531 Second in command requirements. 91.309 Towing: Gliders. 91.533 Flight attendant requirements. 91.311 Towing: Other than under § 91.309. 91.535 Stowage of food, beverage, and pas- 91.313 Restricted category civil aircraft: Op- senger service equipment during aircraft erating limitations. movement on the surface, takeoff, and 91.315 Limited category civil aircraft: Oper- landing. ating limitations. 91.537–91.599 [Reserved] 91.317 Provisionally certificated civil aircraft: Operating limitations. Subpart G—Additional Equipment and Op- 91.319 Aircraft having experimental certificates: Operating limitations. erating Requirements for Large and 91.321 Carriage of candidates in Federal Transport Category Aircraft elections. 91.601 Applicability. 91.323 Increased maximum certificated weights for certain airplanes operated in 91.603 Aural speed warning device. Alaska. 91.605 Transport category civil airplane 91.325 Primary category aircraft: Operating weight limitations. limitations. 91.607 Emergency exits for airplanes car- 91.326–91.399 [Reserved] rying passengers for hire. 91.609 Flight recorders and cockpit voice re- Subpart E—Maintenance, Preventive corders. Maintenance, and Alterations 91.611 Authorization for ferry flight with one engine inoperative. 91.401 Applicability. 91.613 Materials for compartment interiors.

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91.615–91.699 [Reserved] Subpart J—Waivers Subpart H—Foreign Aircraft Operations 91.901 [Reserved] and Operations of U.S.-Registered Civil 91.903 Policy and procedures. Aircraft Outside of the United States; 91.905 List of rules subject to waivers. 91.907–91.999 [Reserved] and Rules Governing Persons on Board APPENDIX A TO PART 91—CATEGORY II OPER- Such Aircraft ATIONS: MANUAL, INSTRUMENTS, EQUIP- MENT, AND MAINTENANCE 91.701 Applicability. APPENDIX B TO PART 91—AUTHORIZATIONS TO 91.702 Persons on board. 91.703 Operations of civil aircraft of U.S. EXCEED MACH 1 (§ 91.817) registry outside of the United States. APPENDIX C TO PART 91—OPERATIONS IN THE 91.705 Operations within airspace des- NORTH ATLANTIC (NAT) MINIMUM NAVIGA- ignated as Minimum Navigation Per- TION PERFORMANCE SPECIFICATIONS formance Specification Airspace. (MNPS) AIRSPACE 91.706 Operations within airspace designed APPENDIX D TO PART 91—AIRPORTS/LOCA- as Reduced Vertical Separation Min- TIONS: SPECIAL OPERATING RESTRICTIONS imum Airspace. APPENDIX E TO PART 91—AIRPLANE FLIGHT 91.707 Flights between Mexico or Canada RECORDER SPECIFICATIONS and the United States. APPENDIX F TO PART 91—HELICOPTER FLIGHT 91.709 Operations to Cuba. RECORDER SPECIFICATIONS 91.711 Special rules for foreign civil air- APPENDIX G TO PART 91—OPERATIONS IN RE- craft. DUCED VERTICAL SEPARATION MINIMUM 91.713 Operation of civil aircraft of Cuban (RVSM) AIRSPACE registry. AUTHORITY: 49 U.S.C. 106(g), 1155, 40103, 91.715 Special flight authorizations for for- 40113, 40120, 44101, 44111, 44701, 44709, 44711, eign civil aircraft. 44712, 44715, 44716, 44717, 44722, 46306, 46315, 91.717–91.799 [Reserved] 46316, 46504, 46506–46507, 47122, 47508, 47528– 47531, articles 12 and 29 of the Convention on Subpart I—Operating Noise Limits International Civil Aviation (61 stat. 1180). 91.801 Applicability: Relation to part 36. SPECIAL FEDERAL AVIATION REGULATION 91.803 Part 125 operators: Designation of applicable regulations. NO. SFAR NO. 50–2—SPECIAL 91.805 Final compliance: Subsonic airplanes. FLIGHT RULES IN THE VICINITY OF 91.807—91.813 [Reserved] THE GRAND CANYON NATIONAL PARK, 91.815 Agricultural and fire fighting air- AZ planes: Noise operating limitations. 91.817 Civil aircraft sonic boom. Section 1. Applicability. This rule prescribes 91.819 Civil supersonic airplanes that do not special operating rules for all persons oper- comply with part 36. ating aircraft in the following airspace, des- 91.821 Civil supersonic airplanes: Noise lim- ignated as the Grand Canyon National Park its. Special Flight Rules Area: 91.823–91.849 [Reserved] That airspace extending upward from the 91.851 Definitions. surface up to but not including 14,500 feet 91.853 Final compliance: Civil subsonic air- MSL within an area bounded by a line begin- planes. ning at lat. 36°09′30″ N., long. 114°03′00″ W.; 91.855 Entry and nonaddition rule. northeast to lat. 36°14′00″ N., long. 113°09′50″ 91.857 Stage 2 operations outside of the 48 W.; thence northeast along the boundary of contiguous United States. the Grand Canyon National Park to lat. 91.858 Special flight authorizations for non- 36°24′47″ N., long. 112°52′00″ W.; to lat. 36°30′30″ revenue Stage 2 operations. N., long. 112°36′15″ W. to lat. 36°21′30″ N., long. 91.859 [Reserved] 112°00′00″ W. to lat. 36°35′30″ N., long. 111°53′10″ 91.861 Base level. W., to lat. 36°53′00″ N., long. 111°36′45″ W. to 91.863 Transfers of Stage 2 airplanes with lat. 36°53′00″ N., long. 111°33′00″ W.; to lat. base level. 36°19′00″ N., long. 111°50′50″ W.; to lat. 36°17′00″ 91.865 Phased compliance for operators with N., long. 111°42′00″ W.; to lat. 35°59′30″ N., base level. long. 111°42′00″ W.; to lat. 35°57′30″ N., long. 91.867 Phased compliance for new entrants. 112°03′55″ W.; thence counterclockwise via the 91.869 Carry-forward compliance. 5 statute mile radius of the Grand Canyon 91.871 Waivers from interim compliance re- Airport airport reference point (lat. 35°57′09″ quirements. N., long. 112°08′47″ W.) to lat. 35°57′30″ N., 91.873 Waivers from final compliance. long. 112°14′00″ W.; to lat. 35°57′30″ N., long. 91.875 Annual progress reports. 113°11′00″ W.; to lat. 35°42′30″ N., long. 91.877 Annual reporting of Hawaiian oper- 113°11′00″ W.; to 35°38′30″ N.; long. 113°27′30″ ations. W.; thence counterclockwise via the 5 stat- 91.879–91.899 [Reserved] ute mile radius of the Peach Springs

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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 (e) Is conducted within 3 nautical miles of under IFR on or after April 6, 1989, unless the Whitmore Airstrip, Pearce Ferry Airstrip, operation—(a) Is conducted in accordance North Rim Airstrip, Cliff Dwellers Airstrip, with the following procedures: 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 and the pilot is acting in accordance with tance from other aircraft or terrain— ATC instructions. An IFR flight plan may (i) Remain clear of the areas described in not be filed on a route or at an altitude that Section 4; and would require operation in an area described (ii) Remain at or above the following alti- in Section 4. tudes in each sector of the canyon: Section 4. Flight-free zones. Except in an Eastern section from Lees Ferry to North emergency or if otherwise necessary for safe- Canyon and North Canyon to Boundary ty of flight, or unless otherwise authorized Ridge: as prescribed in Section 5. by the Flight Standards District Office for a Boundary Ridge to Supai Point purpose listed in Section 3(b), no person may (Yumtheska Point): 10,000 feet MSL. operate an aircraft in the Special Flight Western section from Diamond Creek to Rules Area within the following areas: the Grant Wash Cliffs: 8,000 feet MSL. (a) Desert View Flight-Free Zone. Within (2) Proceed through the four flight cor- an area bounded by a line beginning at Lat. ridors describe in Section 4 at the following 35°59′30″ N., Long. 111°46′20″ W. to 35°59′30″ N., altitudes unless otherwise authorized in Long. 111°52′45″ W.; to Lat. 36°04′50″ N., Long. writing by the Flight Standards District Of- 111°52′00″ W.; to Lat. 36°06′00″ N., Long. fice: 111°46′20″ W.; to the point of origin; but not including the airspace at and above 10,500 Northbound feet MSL within 1 mile of the western bound- 11,500 or ary of the zone. The area between the Desert View and Bright Angel Flight-Free Zones is 13,500 feet MSL designated the ‘‘Zuni Point Corridor.’’ Southbound (b) Bright Angel Flight-Free Zone. Within an area bounded by a line beginning at Lat. >10,500 or 35°59′30″ N., Long. 111°55′30″ W.; to Lat. >12,500 feet MSL 35°59′30″ N., Long. 112°04′00″ W.; thence coun- (b) Is authorized in writing by the Flight terclockwise via the 5 statute mile radius of Standards District Office and is conducted in the Grand Canyon Airport point (Lat. compliance with the conditions contained in 35°57′09″ N., Long. 112°08′47″ W.) to Lat. that authorization. Normally authorization 36°01′30″ N., Long. 112°11′00″ W.; to Lat. will be granted for operation in the areas de- 36°06′15″ N., Long. 112°12′50″ W.; to Lat. scribed in Section 4 or below the altitudes 36°14′40″ N., Long. 112°08′50″ W.; to Lat. listed in Section 5 only for operations of air- 36°14′40″ N., Long. 111°57′30″ W.; to Lat. craft necessary for law enforcement, fire- 36°12′30″ N., Long. 111°53′50″ W.; to the point fighting, emergency medical treatment/evac- of origin; but not including the airspace at uation of persons in the vicinity of the Park; and above 10,500 feet MSL within 1 mile of for support of Park maintenance or activi- the eastern boundary between the southern ties; or for aerial access to and maintenance boundary and Lat. 36°04′50″ N. or the airspace of other property located within the Special at and above 10,500 feet MSL within 2 miles Flight Rules Area. Authorization may be of the northwest boundary. The area bounded issued on a continuing basis.(c)(1) Prior to by the Bright Angel and Shinumo Flight- November 1, 1988, is conducted in accordance Free Zones is designated the ‘‘Dragon Cor- with a specific authorization to operate in ridor.’’ that airspace incorporated in the operator’s (c) Shinumo Flight-Free Zone. Within an part 135 operations specifications in accord- area bounded by a line beginning at Lat. ance with the provisions of SFAR 50–1, not- 36°04′00″ N., Long. 112°16′40″ W.; northwest withstanding the provisions of Sections 4 along the park boundary to a point at Lat. and 5; and 36°12′47″ N., Long. 112°30′53″ W.; to Lat.

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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. thorized by the Flight Standards District Of- e. Operations in a southeasterly direction fice for a purpose listed in Section 3(b), no shall be in level flight at 3,500 feet MSL. person may operate an aircraft in the Spe- f. Operations in a northwesterly direction cial Flight Rules Area at an altitude lower shall be in level flight at 4,500 feet MSL. than the following: g. Indicated airspeed shall not exceed 140 (a) Eastern section from Lees Ferry to knots. North Canyon: 5,000 feet MSL. h. Anticollision lights and aircraft posi- (b) Eastern section from North Canyon to tion/navigation lights shall be on. Use of Boundary Ridge: 6,000 feet MSL. landing lights is recommended. (c) Boundary Ridge to Supai (Yumtheska) i. Turbojet aircraft are prohibited from Point: 7,500 feet MSL. VFR operations in this area (d) Supai Point to Diamond Creek: 6,500 Section 3. Notwithstanding the provisions feet MSL. of § 91.131(a), an air traffic control authoriza- (e) Western section from Diamond Creek to tion is not required in the Los Angeles Spe- the Grand Wash Cliffs: 5,000 feet MSL. cial Flight Rules Area for operations in com- Section 9. Termination date. Section 1. Ap- pliance with section 2 of this SFAR. All plicability, Section 4, Flight-free zones, and other provisions of § 91.131 apply to operate Section 5. Minimum flight altitudes, expire in the Special Flight Rules Area. on April 19, 2001. AUTHORITY: 49 U.S.C. app. 1303, 1348, 1354(a), NOTE: An informational map of the special 1421, and 1422; 49 U.S.C. 106(g). flight rules areas defined by SFAR 50–2 is available on the Office of Rulemaking’s [Doc. No. 87–AWA–31, SFAR 51–1, 53 FR 3812, website at http://www.faa.gov/avr/ Feb. 9, 1988, as amended by Amdt. 91–227, 56 armhome.htm. A paper copy is available from FR 65652, Dec. 17, 1991] the Office of Rulemaking by calling Linda Williams at (202) 267–9685. SPECIAL FEDERAL AVIATION REGULATION NO. 60—AIR TRAFFIC CONTROL SYS- [66 FR 1003, Jan. 4, 2001, as amended at 66 FR TEM EMERGENCY OPERATION 16584, Mar. 26, 2001] 1. Each person shall, before conducting any SPECIAL FEDERAL AVIATION REGULATION operation under the Federal Aviation Regu- NO. 51–1—SPECIAL FLIGHT RULES IN lations (14 CFR chapter I), be familiar with THE VICINITY OF LOS ANGELES all available information concerning that op- INTERNATIONAL AIRPORT eration, including Notices to Airmen issued under § 91.139 and, when activated, the provi- Section 1. Applicability: This rule estab- sions of the National Air Traffic Reduced lishes a special operating area for persons Complement Operations Plan available for

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inspection at operating air traffic facilities eration of the National Air Traffic Control and Regional air traffic division offices, and System. the General Aviation Reservation Program. Authority: 49 U.S.C. app. 1301(7), 1303, 1344, No operator may change the designated air- 1348, 1352 through 1355, 1401, 1421 through port of intended operation for any flight con- 1431, 1471, 1472, 1502, 1510, 1522, and 2121 tained in the October 1, 1990, OAG. through 2125; articles 12, 29, 31, and 32(a) of 2. Notwithstanding any provision of the the Convention on International Civil Avia- Federal Aviation Regulations to the con- tion (61 stat. 1180); 42 U.S.C. 4321 et seq.; E.O. trary, no person may operate an aircraft in 11514, 35 FR 4247, 3 CFR, 1966–1970 Comp., p. the Air Traffic Control System: 902; 49 U.S.C. 106(g). 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 paragraph 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. b. When the National Air Traffic Reduced TAIN FLIGHTS BETWEEN THE UNITED Complement Operations Plan is activated STATES AND IRAQ 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 b. Give priority at any airport to flights destination is any point in Iraq or that in- that are of military necessity, or are medical cludes a landing at any point in Iraq in its emergency flights, Presidential flights, and intended itinerary, from any point in the flights transporting critical Government em- United States; ployees. (b) No person shall operate an aircraft on a c. Implement, at any airport, traffic man- flight to any point in the United States from any point in Iraq, or from any intermediate agement procedures, that may include reduc- point on a flight where the origin is in Iraq, tion of flight operations. Reduction of flight or from any point on a flight which includes operations will be accomplished, to the ex- a departure from any point in Iraq in its intent practical, on a pro rata basis among and tended itinerary; or between air carrier, commercial operator, (c) No person shall operate an aircraft over and general aviation operations. Flights can- the territory of the United States if that air- celled under this SFAR at a high density craft’s flight itinerary includes any landing traffic airport will be considered to have at or departure from any point in Iraq. been operated for purposes of part 93 of the 3. Permitted operations. This SFAR shall Federal Aviation Regulations. not prohibit the flight operations between 4. The Director may activate the National the United States and Iraq described in sec- Air Traffic Reduced Complement Operations tion 2 of this SFAR by an aircraft authorized Plan at any time he finds that it is necessary to conduct such operations by the United for the safety and efficiency of the National States Government in consultation with the Airspace System. Upon activation of the committee established by UN Security Coun- RCOP and notwithstanding any provision of cil Resolution 661 (1990), and in accordance the FAR to the contrary, the Director is au- with UN Security Council Resolution 666 thorized to suspend or modify any airspace (1990). designation. 4. Emergency situations. In an emergency 5. Notice of restrictions, prohibitions, pro- that requires immediate decision and action cedures and other actions taken by the Di- for the safety of the flight, the pilot in com- rector under this regulation with respect to mand of an aircraft may deviate from this the operation of the Air Traffic Control sys- SFAR to the extent required by that emer- tem will be announced in Notices to Airmen gency. Except for U.S. air carriers and com- issued pursuant to § 91.139 of the Federal mercial operators that are subject to the re- Aviation Regulations. quirements of 14 CFR 121.557, 121.559, or 6. The Director may delegate his authority 135.19, each person who deviates from this under this regulation to the extent he con- rule shall, within ten (10) days of the devi- siders necessary for the safe and efficient op- ation, excluding Saturdays, Sundays, and

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Federal holidays, submit to the nearest FAA tion of the deviation and the reasons there- Flight Standards District Office a complete for. report of the operations or the aircraft in- 5. Duration. This SFAR No. 65–1 shall re- volved in the deviation, including a descrip- main in effect until further notice. tion of the deviation and the reasons there- [SFAR 65–1, 60 FR 48644, Sept. 20, 1995] fore. 5. Duration. This SFAR No. 61–2 shall re- SPECIAL FEDERAL AVIATION REGULATION main in effect until further notice. NO. 71—SPECIAL OPERATING RULES [Doc. No. 26380, 60 FR 49139, Sept. 21, 1995] FOR AIR TOUR OPERATORS IN THE STATE OF HAWAII SPECIAL FEDERAL AVIATION REGULATION NO. 65–1—PROHIBITION AGAINST CER- Section 1. Applicability. This Special Federal Aviation Regulation prescribes operating TAIN FLIGHTS BETWEEN THE UNITED rules for airplane and helicopter visual flight STATES AND LIBYA rules air tour flights conducted in the State 1. Applicability. This Special Federal Avia- of Hawaii under 14 CFR parts 91, 121, and 135. tion Regulation (SFAR) No. 65–1 applies to This rule does not apply to: all aircraft operations originating from, (a) Operations conducted under 14 CFR landing in, or overflying the territory of the part 121 in airplanes with a passenger seating United States. configuration of more than 30 seats or a payload capacity of more than 7,500 pounds. 2. Special flight restrictions. Except as (b) Flights conducted in gliders or hot air provided in paragraphs 3 and 4 of this SFAR balloons. No. 65–1— Section 2. Definitions. For the purposes of (a) No person shall operate an aircraft on a this SFAR: flight to any point in Libya, or to any inter- ‘‘Air tour’’ means any sightseeing flight mediate point on a flight where the ultimate conducted under visual flight rules in an air- destination is any point in Libya or that in- plane or helicopter for compensation or hire. cludes a landing at any point in Libya in its ‘‘Air tour operator’’ means any person who intended itinerary, from any point in the conducts an air tour. United States; Section 3. Helicopter flotation equipment. No (b) No person shall operate an aircraft on a person may conduct an air tour in Hawaii in flight to any point in the United States from a single-engine helicopter beyond the shore any point in Libya, or from any intermediate of any island, regardless of whether the heli- point on a flight where the origin is in copter is within gliding distance of the Libya, or from any point on a flight which shore, unless: includes a departure from any point in Libya (a) The helicopter is amphibious or is in its intended itinerary; or equipped with floats adequate to accomplish (c) No person shall operate an aircraft over a safe emergency ditching and approved flo- the territory of the United States if that air- tation gear is easily accessible for each occu- craft’s flight itinerary includes any landing pant; or at or departure from any point in Libya. (b) Each person on board the helicopter is 3. Permitted operations. This SFAR shall wearing approved flotation gear. not prohibit the flight operations between Section 4. Helicopter performance plan. Each the United States and Libya described in sec- operator must complete a performance plan tion 2 of this SFAR by an aircraft authorized before each helicopter air tour flight. The to conduct such operations by the United performance plan must be based on the infor- States Government in consultation with the mation in the Rotorcraft Flight Manual committee established by UN Security Coun- (RFM), considering the maximum density al- cil Resolution 748 (1992), as affirmed by UN titude for which the operation is planned for Security Council Resolution 883 (1993). the flight to determine the following: 4. Emergency situations. In an emergency (a) Maximum gross weight and center of that requires immediate decision and action gravity (CG) limitations for hovering in for the safety of the flight, the pilot in com- ground effect; mand of an aircraft may deviate from this (b) Maximum gross weight and CG limita- SFAR to the extent required by that emer- tions for hovering out of ground effect; and, gency. Except for U.S. air carriers and com- (c) Maximum combination of weight, alti- mercial operators that are subject to the re- tude, and temperature for which height-ve- quirements of 14 CFR 121.557, 121.559, or locity information in the RFM. is valid. 135.19, each person who deviates from this The pilot in command (PIC) must comply rule shall, within ten (10) days of the devi- with the performance plan. ation, excluding Saturdays, Sundays, and Section 5. Helicopter operating limitations. Federal holidays, submit to the nearest FAA Except for approach to and transition from a Flight Standards District Office a complete hover, the PIC shall operate the helicopter report of the operations or the aircraft in- at a combination of height and forward speed volved in the deviation, including a descrip- (including hover) that would permit a safe

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landing in event of engine power loss, in ac- 4. Emergency situations. In an emergency cordance with the height-speed envelope for that requires immediate decision and action that helicopter under current weight and air- for the safety of the flight, the pilot in com- craft altitude. mand of an aircraft may deviate from this Section 6. Minimum flight altitudes. Except SFAR to the extent required by that emer- when necessary for takeoff and landing, or gency. Except for U.S. air carriers or com- operating in compliance with an air traffic mercial operators that are subject to the re- control clearance, or as otherwise authorized quirements of 14 CFR parts 119, 121, or 135, by the Administrator, no person may con- each person who deviates from this rule duct an air tour in Hawaii: shall, within ten (10) days of the deviation, (a) Below an altitude of 1,500 feet above the excluding Saturdays, Sundays, and Federal surface over all areas of the State of Hawaii, holidays, submit to the nearest FAA Flight and, Standards District Office a complete report (b) Closer than 1,500 feet to any person or of the operations of the aircraft involved in property; or, the deviation including a description of the (c) Below any altitude prescribed by fed- deviation and the reasons therefore. eral statute or regulation. 5. Expiration. This Special Federal Aviation Section 7. Passenger briefing. Before takeoff, Regulation will remain in effect until fur- each PIC of an air tour flight of Hawaii with ther notice. a flight segment beyond the ocean shore of [Doc. No. 28691, 61 FR 54021, Oct. 16, 1996] any island shall ensure that each passenger has been briefed on the following, in addition to requirements set forth in 14 CFR 91.107, SPECIAL FEDERAL AVIATION REGULATION 121.571, or 135.117: NO. 78—SPECIAL OPERATING RULES (a) Water ditching procedures; FOR COMMERCIAL AIR TOUR OPERA- (b) Use of required flotation equipment; TORS IN THE VICINITY OF THE ROCKY and MOUNTAIN NATIONAL PARK (c) Emergency egress from the aircraft in event of a water landing. Section 1. Applicability. This Special Fed- Section 8. Termination date. This Special eral Aviation Regulation prescribes oper- Federal Aviation Regulation expires on Oc- ating rules for commercial air tour flight op- tober 26, 2003. erations within the lateral boundaries of the Rocky Mountain National Park, CO. [SFAR 71, 59 FR 49145, Sept. 26, 1994, as Sec. 2. Definition. For the purpose of this amended at 60 FR 65913, Dec. 20, 1995; 62 FR SFAR: ‘‘commercial air tour’’ means: the op- 58859, Oct. 30, 1997; 65 FR 58612, Sept. 29, 2000] eration of an aircraft carrying passengers for compensation or hire for aerial sightseeing. SPECIAL FEDERAL AVIATION REGULATION Sec. 3. Restriction. No person may conduct NO. 77—PROHIBITION AGAINST CER- a commercial air tour operation in the air- TAIN FLIGHTS WITHIN THE TERRI- space over Rocky Mountain National Park, TORY AND AIRSPACE OF IRAQ CO. Expiration: This SFAR will expire on the 1. Applicability. This rule applies to the fol- adoption of a final rule in Docket No. 27643. lowing persons: (a) All U.S. air carriers or commercial op- [Doc. No. 28577, 62 FR 1205, Jan. 8, 1997] erators; EFFECTIVE DATE NOTE: By Doc. No. FAA– (b) All persons exercising the privileges of 2001–8690, 67 FR 65667, Oct. 25, 2002, Special an airman certificate issued by the FAA ex- Federal Aviation Regulation No. 78, was re- cept such persons operating U.S.-registered moved, effective Jan. 23, 2003. aircraft for a foreign air carrier; or (c) All operators of aircraft registered in SPECIAL FEDERAL AVIATION REGULATION the United States except where the operator of such aircraft is a foreign air carrier. NO. 79—PROHIBITION AGAINST CER- 2. Flight prohibition. Except as provided in TAIN FLIGHTS WITHIN THE FLIGHT paragraphs 3 and 4 of this SFAR, no person INFORMATION REGION (FIR) OF THE described in paragraph 1 may conduct flight DEMOCRATIC PEOPLE’S REPUBLIC OF operations over or within the territory and KOREA (DPRK) airspace of Iraq. 3. Permitted operations. This SFAR does not 1. Applicability. This rule applies to the fol- prohibit persons described in paragraph 1 lowing persons: from conducting flight operations over or (a) All U.S. air carriers or commercial op- within the territory and airspace of Iraq erators. where such operations are authorized either (b) All persons exercising the privileges of by exemption issued by the Administrator or an airman certificate issued by the FAA, ex- by another agency of the United States Gov- cept such persons operating U.S.-registered ernment. aircraft for a foreign air carrier.

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(c) All operators of aircraft registered in emption issued by the Administrator or by the United States except where the operator an authorization issued by another agency of of such aircraft is a foreign air carrier. the United States Government with the ap- 2. Flight Prohibition. Except as provided in proval of the FAA. paragraphs 3 and 4 of this SFAR, no person 4. Emergency situations. In an emergency described in paragraph 1 may conduct flight that requires immediate decision and action operations through the Pyongyang FIR west for the safety of the flight, the pilot in com- of 132 degrees east longitude. mand of an aircraft may deviate from this 3. Permitted Operations. This SFAR does not SFAR to the extent required by that emer- prohibit persons described in paragraph 1 gency. Except for U.S. air carriers and com- from conducting flight operations within the mercial operators that are subject to the re- Pyongyang FIR west of 132 degrees east lon- quirements of 14 CFR 121.557, 121.559, or gitude where such operations are authorized 135.19, each person who deviates from this either by exemption issued by the Adminis- rule shall, within ten (10) days of the devi- trator or by another agency of the United ation, excluding Saturdays, Sundays, and States Government with FAA approval. Federal holidays, submit to the nearest FAA 4. Emergency situations. In an emergency Flight Standards District Office a complete that requires immediate decision and action report of the operations of the aircraft infor the safety of the flight, the pilot in com- volved in the deviation, including a descrip- mand on an aircraft may deviate from this tion of the deviation and the reasons there- SFAR to the extent required by that emer- for. gency. Except for U.S. air carriers and com- 5. Expiration. This Special Federal Aviation mercial operators that are subject to the re- Regulation shall remain in effect until fur- quirements of 14 CFR parts 121, 125, or 135, ther notice. each person who deviates from this rule [Doc. No. FAA–2000–7360; 65 FR 31215, May 16, shall, within ten (10) days of the deviation, 2000] excluding Saturdays, Sundays, and Federal holidays, submit to the nearest FAA Flight SFAR NO. 94—ENHANCED SECURITY Standards District Office a complete report PROCEDURES FOR OPERATIONS AT of the operations of the aircraft involved in the deviation, including a description of the CERTAIN AIRPORTS IN THE WASH- deviation and the reasons therefore. INGTON, DC METROPOLITAN AREA 5. Expiration. This Special Federal Aviation SPECIAL FLIGHT RULES AREA Regulation No. 79 will remain in effect until further notice. 1. Applicability. This Special Federal Avia- tion Regulation (SFAR) establishes rules for [Doc. No. 28831, 62 FR 20078, Apr. 24, 1997, as all persons operating an aircraft to or from amended at 63 FR 8017, Feb. 17, 1998; 63 FR the following airports located within the air- 19286, Apr. 17, 1998] space designated as the Washington, DC Met- ropolitan Area Special Flight Rules Area: SPECIAL FEDERAL AVIATION REGULATION (a) College Park Airport (CGS). NO. 87—PROHIBITION AGAINST CER- (b) Potomac Airfield (VKX). TAIN FLIGHTS WITHIN THE TERRI- (c) Washington Executive/Hyde Field TORY AND AIRSPACE OF ETHIOPIA (W32). 2. Definitions. For the purposes of this 1. Applicability. This Special Federal Avia- SFAR the following definitions apply: tion Regulation (SFAR) No. 87 applies to all Administrator means the Federal Aviation U.S. air carriers or commercial operators, all Administrator, the Under Secretary of persons exercising the privileges of an air- Transportation for Security, or any person man certificate issued by the FAA unless delegated the authority of the Federal Avia- that person is engaged in the operation of a tion Administrator or Under Secretary of U.S.-registered aircraft for a foreign air car- Transportation for Security. rier, and all operators using aircraft reg- Washington, DC Metropolitan Area Special istered in the United States except where the Flight Rules Area means that airspace within operator of such aircraft is a foreign air car- an area from the surface up to but not in- rier. cluding Flight Level 180, bounded by a line 2. Flight prohibition. Except as provided in beginning at the Washington (DCA) VOR/ paragraphs 3 and 4 of this SFAR, no person DME 300 degree radial at 15 nautical miles described in paragraph 1 may conduct flight (Lat. 38°56′55′ N., Long. 77°20′08′ W.); thence operations within the territory and airspace clockwise along the DCA 15 nautical mile arc of Ethiopia north of 12 degrees north lati- to the DCA 022 degree radial at 15 nautical tude. miles (Lat. 39°06′11′ N., Long 76°57′51′ W.); 3. Permitted operations. This SFAR does not thence southeast via a line drawn to the prohibit persons described in paragraph 1 DCA 049 degree radial at 14 nautical miles from conducting flight operations within the (Lat. 39°02′18′ N., Long. 76°50′38′ W.); thence territory and airspace of Ethiopia where south via a line drawn to the DCA 064 degree such operations are authorized either by ex- radial at 13 nautical miles (Lat. 38°59′01′ N.,

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Long. 76°48′32′ W.); thence clockwise along Administrator for the conduct of operations the DCA 13 nautical mile arc to the DCA 282 to or from the airport; degree radial at 13 nautical miles (Lat. (8) Operate an aircraft that is authorized 38°52′14′ N., Long 77°18′48′ W.); thence north by the Administrator for operations to or via a line drawn to the point of the begin- from the airport; ning; excluding the airspace within a one (9) File an IFR or VFR flight plan tele- nautical mile radius of Freeway Airport phonically with Leesburg AFSS prior to de- (W00), Mitchellville, Md. parture and obtain an ATC clearance prior to 3. Operating requirements. entering the Washington, DC Metropolitan (a) Except as specified in paragraph 3(c) of Area Special Flight Rules Area; this SFAR, no person may operate an air- (10) Operate the aircraft in accordance craft to or from an airport to which this with an open IFR or VFR flight plan while in SFAR applies unless security procedures the Washington, DC Metropolitan Area Spe- that meet the provisions of paragraph 4 of cial Flight Rules Area, unless otherwise au- this SFAR have been approved by the Ad- thorized by ATC; ministrator for operations at that airport. (11) Maintain two-way communications (b) Except as specified in paragraph 3(c) of with an appropriate ATC facility while in this SFAR, each person serving as a required the Washington, DC Metropolitan Area Spe- flightcrew member of an aircraft operating cial Flight Rules Area; to or from an airport to which this SFAR ap- (12) Ensure that the aircraft is equipped plies must: with an operable transponder with altitude (1) Prior to obtaining authorization to op- reporting capability and use an assigned dis- erate to or from the airport, present to the crete beacon code while operating in the Administrator the following: Washington, DC Metropolitan Area Special (i) A current and valid airman certificate; Flight Rules Area; (ii) A current medical certificate; (13) Comply with any instructions issued (iii) One form of Government issued pic- by ATC for the flight; ture identification; and (14) Secure the aircraft after returning to (iv) A list containing the make, model, and the airport from any flight; registration number of each aircraft that the (15) Comply with all additional safety and pilot intends to operate to or from the air- security requirements specified in applicable port; NOTAMs; and (2) Successfully complete a background (16) Comply with any Transportation Secu- check by a law enforcement agency, which rity Administration, or law enforcement re- may include submission of fingerprints and quirements to operate to or from the airport. the conduct of a criminal history, records (c) A person may operate a U.S. Armed check. Forces, law enforcement, or aeromedical (3) Attend a briefing acceptable to the Ad- services aircraft to or from an affected air- ministrator that describes procedures for op- port provided the operator complies with erating to or from the airport; paragraphs 3(b)(10) through 3(b)(16) of this (4) Not have been convicted or found not SFAR and any additional procedures speci- guilty by reason of insanity, in any jurisdic- fied by the Administrator necessary to pro- tion, during the 10 years prior to being au- vide for the security of aircraft operations to thorized to operate to or from the airport, or or from the airport. while authorized to operate to or from the 4. Airport Security Procedures. airport, of those crimes specified in § 108.229 (a) Airport security procedures submitted (d) of this chapter; to the Administrator for approval must: (5) Not have a record on file with the FAA (1) Identify and provide contact informa- of: tion for the airport manager who is respon- (i) A violation of a prohibited area des- sible for ensuring that the security proce- ignated under part 73 of this chapter, a flight dures at the airport are implemented and restriction established under § 91.141 of this maintained; chapter, or special security instructions (2) Contain procedures to identify those issued under § 99.7 of this chapter; or aircraft eligible to be authorized for oper- (ii) More than one violation of a restricted ations to or from the airport; area designated under part 73 of this chapter, (3) Contain procedures to ensure that a emergency air traffic rules issued under current record of those persons authorized to § 91.139 of this chapter, a temporary flight re- conduct operations to or from the airport striction designated under § 91.137, § 91.138, or and the aircraft in which the person is au- § 91.145 of this chapter, an area designated thorized to conduct those operations is under § 91.143 of this chapter, or any com- maintained at the airport; bination thereof; (4) Contain airport arrival and departure (6) Be authorized by the Administrator to route descriptions, air traffic control clear- conduct operations to or from the airport; ance procedures, flight plan requirements, (7) Protect from unauthorized disclosure communications procedures, and procedures any identification information issued by the for transponder use;

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(5) Contain procedures to monitor the secu- manned rockets, and unmanned free rity of aircraft at the airport during oper- balloons, which are governed by part ational and non-operational hours and to 101 of this chapter, and ultralight vehi- alert aircraft owners and operators, airport operators, and the Administrator of unse- cles operated in accordance with part cured aircraft; 103 of this chapter) within the United (6) Contain procedures to ensure that secu- States, including the waters within 3 rity awareness procedures are implemented nautical miles of the U.S. coast. and maintained at the airport; (b) Each person operating an aircraft (7) Contain procedures to ensure that a in the airspace overlying the waters be- copy of the approved security procedures is tween 3 and 12 nautical miles from the maintained at the airport and can be made available for inspection upon request of the coast of the United States shall comply Administrator; with §§ 91.1 through 91.21; §§ 91.101 (8) Contain procedures to provide the Ad- through 91.143; §§ 91.151 through 91.159; ministrator with the means necessary to §§ 91.167 through 91.193; § 91.203; § 91.205; make any inspection to determine compli- §§ 91.209 through 91.217; § 91.221; §§ 91.303 ance with the approved security procedures; through 91.319; § 91.323; § 91.605; § 91.609; and §§ 91.703 through 91.715; and 91.903. (9) Contain any additional procedures necessary to provide for the security of aircraft (c) This part applies to each person operations to or from the airport. on board an aircraft being operated (b) Airport security procedures are ap- under this part, unless otherwise speci- proved without an expiration date and re- fied. main in effect unless the Administrator makes a determination that operations at [Doc. No. 18334, 54 FR 34292, Aug. 18, 1989, as the airport have not been conducted in ac- amended by Amdt. 91–257, 64 FR 1079, Jan. 7, cordance with those procedures or that those 1999] procedures must be amended in accordance with paragraph 4.(a)(9) of this SFAR. § 91.3 Responsibility and authority of 5. Waivers. The Administrator may permit the pilot in command. an operation to or from an airport to which (a) The pilot in command of an air- this SFAR applies, in deviation from the pro- craft is directly responsible for, and is visions of this SFAR if the Administrator finds that such action is in the public inter- the final authority as to, the operation est, provides the level of security required by of that aircraft. this SFAR, and the operation can be con- (b) In an in-flight emergency requir- ducted safely under the terms of the waiver. ing immediate action, the pilot in com- 6. Delegation. The authority of the Admin- mand may deviate from any rule of istrator under this SFAR is also exercised by this part to the extent required to the Associate Administrator for Civil Avia- meet that emergency. tion Security and the Deputy Associate Ad- ministrator for Civil Aviation Security. This (c) Each pilot in command who devi- authority may be further delegated. ates from a rule under paragraph (b) of 7. Expiration. This Special Federal Aviation this section shall, upon the request of Regulation shall remain in effect until Feb- the Administrator, send a written re- ruary 13, 2003. port of that deviation to the Adminis- [Doc. No. FAA–2002–11580, 67 FR 7544, Feb. 19, trator. 2002] (Approved by the Office of Management and EFFECTIVE DATE NOTE: At 67 FR 7544, Feb. Budget under control number 2120–0005) 19, 2002, SFAR No. 94 was added, effective Feb. 13, 2002, until Feb. 13, 2003. § 91.5 Pilot in command of aircraft requiring more than one required Subpart A—General pilot. No person may operate an aircraft SOURCE: Docket No. 18334, 54 FR 34292, Aug. that is type certificated for more than 18, 1989, unless otherwise noted. one required pilot flight crewmember unless the pilot in command meets the § 91.1 Applicability. 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.

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(b) The pilot in command of a civil § 91.11 Prohibition on interference aircraft is responsible for determining with crewmembers. whether that aircraft is in condition No person may assault, threaten, infor safe flight. The pilot in command timidate, or interfere with a crew- shall discontinue the flight when un- member in the performance of the airworthy mechanical, electrical, or crewmember’s duties aboard an air- structural conditions occur. craft being operated.

§ 91.9 Civil aircraft flight manual, § 91.13 Careless or reckless operation. marking, and placard requirements. (a) Aircraft operations for the purpose (a) Except as provided in paragraph of air navigation. No person may oper- (d) of this section, no person may operate an aircraft in a careless or reckless ate a civil aircraft without complying manner so as to endanger the life or with the operating limitations speci- property of another. fied in the approved Airplane or Rotor- (b) Aircraft operations other than for craft Flight Manual, markings, and the purpose of air navigation. No person placards, or as otherwise prescribed by may operate an aircraft, other than for the certificating authority of the coun- the purpose of air navigation, on any try of registry. part of the surface of an airport used (b) No person may operate a U.S.-reg- by aircraft for air commerce (including istered civil aircraft— areas used by those aircraft for receiving or discharging persons or cargo), in (1) For which an Airplane or Rotor- a careless or reckless manner so as to craft Flight Manual is required by § 21.5 endanger the life or property of an- of this chapter unless there is available other. in the aircraft a current, approved Air- plane or Rotorcraft Flight Manual or § 91.15 Dropping objects. the manual provided for in § 121.141(b); No pilot in command of a civil air- and craft may allow any object to be (2) For which an Airplane or Rotor- dropped from that aircraft in flight craft Flight Manual is not required by that creates a hazard to persons or § 21.5 of this chapter, unless there is property. However, this section does available in the aircraft a current ap- not prohibit the dropping of any object proved Airplane or Rotorcraft Flight if reasonable precautions are taken to Manual, approved manual material, avoid injury or damage to persons or markings, and placards, or any com- property. bination thereof. (c) No person may operate a U.S.-reg- § 91.17 Alcohol or drugs. istered civil aircraft unless that air- (a) No person may act or attempt to craft is identified in accordance with act as a crewmember of a civil air- part 45 of this chapter. craft— (d) Any person taking off or landing (1) Within 8 hours after the consump- a helicopter certificated under part 29 tion of any alcoholic beverage; of this chapter at a heliport con- (2) While under the influence of alco- structed over water may make such hol; momentary flight as is necessary for (3) While using any drug that affects takeoff or landing through the prohib- the person’s faculties in any way con- ited range of the limiting height-speed trary to safety; or envelope established for the helicopter (4) While having .04 percent by if that flight through the prohibited weight or more alcohol in the blood. (b) Except in an emergency, no pilot range takes place over water on which of a civil aircraft may allow a person a safe ditching can be accomplished who appears to be intoxicated or who and if the helicopter is amphibious or demonstrates by manner or physical is equipped with floats or other emer- indications that the individual is under gency flotation gear adequate to ac- the influence of drugs (except a med- complish a safe emergency ditching on ical patient under proper care) to be open water. carried in that aircraft.

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(c) A crewmember shall do the fol- drugs, marihuana, and depressant or lowing: stimulant drugs or substances as de- (1) On request of a law enforcement fined in Federal or State statutes are officer, submit to a test to indicate the carried in the aircraft. percentage by weight of alcohol in the (b) Paragraph (a) of this section does blood, when— not apply to any carriage of narcotic (i) The law enforcement officer is au- drugs, marihuana, and depressant or thorized under State or local law to stimulant drugs or substances author- conduct the test or to have the test ized by or under any Federal or State conducted; and statute or by any Federal or State (ii) The law enforcement officer is re- agency. questing submission to the test to in- vestigate a suspected violation of State § 91.21 Portable electronic devices. or local law governing the same or sub- (a) Except as provided in paragraph stantially similar conduct prohibited (b) of this section, no person may oper- by paragraph (a)(1), (a)(2), or (a)(4) of ate, nor may any operator or pilot in this section. command of an aircraft allow the oper- (2) Whenever the Administrator has a ation of, any portable electronic device reasonable basis to believe that a per- on any of the following U.S.-registered son may have violated paragraph (a)(1), civil aircraft: (a)(2), or (a)(4) of this section, that per- (1) Aircraft operated by a holder of son shall, upon request by the Adminis- an air carrier operating certificate or trator, furnish the Administrator, or an operating certificate; or authorize any clinic, hospital, doctor, (2) Any other aircraft while it is op- or other person to release to the Ad- erated under IFR. ministrator, the results of each test (b) Paragraph (a) of this section does taken within 4 hours after acting or at- not apply to— tempting to act as a crewmember that (1) Portable voice recorders; indicates percentage by weight of alco- (2) Hearing aids; hol in the blood. (3) Heart pacemakers; (d) Whenever the Administrator has a (4) Electric shavers; or reasonable basis to believe that a per- (5) Any other portable electronic de- son may have violated paragraph (a)(3) vice that the operator of the aircraft of this section, that person shall, upon has determined will not cause inter- request by the Administrator, furnish ference with the navigation or commu- the Administrator, or authorize any nication system of the aircraft on clinic, hospital, doctor, or other person which it is to be used. to release to the Administrator, the re- (c) In the case of an aircraft operated sults of each test taken within 4 hours by a holder of an air carrier operating after acting or attempting to act as a certificate or an operating certificate, crewmember that indicates the pres- the determination required by para- ence of any drugs in the body. graph (b)(5) of this section shall be (e) Any test information obtained by made by that operator of the aircraft the Administrator under paragraph (c) on which the particular device is to be or (d) of this section may be evaluated used. In the case of other aircraft, the in determining a person’s qualifica- determination may be made by the tions for any airman certificate or pos- pilot in command or other operator of sible violations of this chapter and the aircraft. may be used as evidence in any legal proceeding under section 602, 609, or 901 § 91.23 Truth-in-leasing clause require- of the Federal Aviation Act of 1958. ment in leases and conditional sales contracts. § 91.19 Carriage of narcotic drugs, (a) Except as provided in paragraph marihuana, and depressant or stim- (b) of this section, the parties to a ulant drugs or substances. lease or contract of conditional sale in- (a) Except as provided in paragraph volving a U.S.-registered large civil (b) of this section, no person may oper- aircraft and entered into after January ate a civil aircraft within the United 2, 1973, shall execute a written lease or States with knowledge that narcotic contract and include therein a written

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truth-in-leasing clause as a concluding tional sale to which paragraph (a) of paragraph in large print, immediately this section applies, unless— preceding the space for the signature of (1) The lessee or conditional buyer, or the parties, which contains the fol- the registered owner if the lessee is not lowing with respect to each such air- a citizen of the United States, has craft: mailed a copy of the lease or contract (1) Identification of the Federal Avia- that complies with the requirements of tion Regulations under which the air- paragraph (a) of this section, within 24 craft has been maintained and in- hours of its execution, to the Aircraft spected during the 12 months preceding Registration Branch, Attn: Technical the execution of the lease or contract Section, P.O. Box 25724, Oklahoma of conditional sale, and certification by City, OK 73125; the parties thereto regarding the air- (2) A copy of the lease or contract craft’s status of compliance with appli- that complies with the requirements of cable maintenance and inspection re- paragraph (a) of this section is carried quirements in this part for the oper- in the aircraft. The copy of the lease or ation to be conducted under the lease contract shall be made available for re- or contract of conditional sale. view upon request by the Adminis- (2) The name and address (printed or trator, and typed) and the signature of the person responsible for operational control of (3) The lessee or conditional buyer, or the aircraft under the lease or contract the registered owner if the lessee is not of conditional sale, and certification a citizen of the United States, has noti- that each person understands that per- fied by telephone or in person the FAA son’s responsibilities for compliance Flight Standards district office nearest with applicable Federal Aviation Regu- the airport where the flight will origi- lations. nate. Unless otherwise authorized by (3) A statement that an explanation that office, the notification shall be of factors bearing on operational con- given at least 48 hours before takeoff in trol and pertinent Federal Aviation the case of the first flight of that air- Regulations can be obtained from the craft under that lease or contract and nearest FAA Flight Standards district inform the FAA of— office. (i) The location of the airport of de- (b) The requirements of paragraph (a) parture; of this section do not apply— (ii) The departure time; and (1) To a lease or contract of condi- (iii) The registration number of the tional sale when— aircraft involved. (i) The party to whom the aircraft is (d) The copy of the lease or contract furnished is a foreign air carrier or cer- furnished to the FAA under paragraph tificate holder under part 121, 125, 135, (c) of this section is commercial or fi- or 141 of this chapter, or nancial information obtained from a (ii) The party furnishing the aircraft person. It is, therefore, privileged and is a foreign air carrier or a person oper- confidential and will not be made ating under part 121, 125, and 141 of this available by the FAA for public inspec- chapter, or a person operating under tion or copying under 5 U.S.C. 552(b)(4) part 135 of this chapter having author- unless recorded with the FAA under ity to engage in on-demand operations part 49 of this chapter. with large aircraft. (e) For the purpose of this section, a (2) To a contract of conditional sale, lease means any agreement by a person when the aircraft involved has not been registered anywhere prior to the execu- to furnish an aircraft to another person tion of the contract, except as a new for compensation or hire, whether with aircraft under a dealer’s aircraft reg- or without flight crewmembers, other istration certificate issued in accord- than an agreement for the sale of an ance with § 47.61 of this chapter. aircraft and a contract of conditional (c) No person may operate a large sale under section 101 of the Federal civil aircraft of U.S. registry that is Aviation Act of 1958. The person fur- subject to a lease or contract of condi- nishing the aircraft is referred to as

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the lessor, and the person to whom it is distance data is required, the takeoff furnished the lessee. and landing distance data contained therein; and (Approved by the Office of Management and Budget under control number 2120–0005) (2) For civil aircraft other than those specified in paragraph (b)(1) of this sec- [Doc. No. 18334, 54 FR 34292, Aug. 18, 1989, as tion, other reliable information appro- amended by Amdt. 91–212, 54 FR 39293, Sept. priate to the aircraft, relating to air- 25, 1989; Amdt. 91–253, 62 FR 13253, Mar. 19, 1997; Amdt. 91–267, 66 FR 21066, Apr. 27, 2001] craft performance under expected values of airport elevation and runway § 91.25 Aviation Safety Reporting Pro- slope, aircraft gross weight, and wind gram: Prohibition against use of re- and temperature. ports for enforcement purposes. The Administrator of the FAA will § 91.105 Flight crewmembers at sta- not use reports submitted to the Na- tions. tional Aeronautics and Space Adminis- (a) During takeoff and landing, and tration under the Aviation Safety Re- while en route, each required flight porting Program (or information de- crewmember shall— rived therefrom) in any enforcement (1) Be at the crewmember station un- action except information concerning less the absence is necessary to per- accidents or criminal offenses which form duties in connection with the op- are wholly excluded from the Program. eration of the aircraft or in connection with physiological needs; and §§ 91.27–91.99 [Reserved] (2) Keep the safety belt fastened while at the crewmember station. Subpart B—Flight Rules (b) Each required flight crewmember of a U.S.-registered civil aircraft shall, during takeoff and landing, keep his or SOURCE: Docket No. 18334, 54 FR 34294, Aug. 18, 1989, unless otherwise noted. her shoulder harness fastened while at his or her assigned duty station. This GENERAL paragraph does not apply if— (1) The seat at the crewmember’s sta- § 91.101 Applicability. tion is not equipped with a shoulder This subpart prescribes flight rules harness; or governing the operation of aircraft (2) The crewmember would be unable within the United States and within 12 to perform required duties with the nautical miles from the coast of the shoulder harness fastened. United States. [Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as amended by Amdt. 91–231, 57 FR 42671, Sept. § 91.103 Preflight action. 15, 1992] Each pilot in command shall, before beginning a flight, become familiar § 91.107 Use of safety belts, shoulder with all available information con- harnesses, and child restraint sys- cerning that flight. This information tems. must include— (a) Unless otherwise authorized by (a) For a flight under IFR or a flight the Administrator— not in the vicinity of an airport, (1) No pilot may take off a U.S.-reg- weather reports and forecasts, fuel re- istered civil aircraft (except a free bal- quirements, alternatives available if loon that incorporates a basket or gon- the planned flight cannot be com- dola, or an airship type certificated be- pleted, and any known traffic delays of fore November 2, 1987) unless the pilot which the pilot in command has been in command of that aircraft ensures advised by ATC; that each person on board is briefed on (b) For any flight, runway lengths at how to fasten and unfasten that per- airports of intended use, and the fol- son’s safety belt and, if installed, lowing takeoff and landing distance in- shoulder harness. formation: (2) No pilot may cause to be moved (1) For civil aircraft for which an ap- on the surface, take off, or land a U.S.- proved Airplane or Rotorcraft Flight registered civil aircraft (except a free Manual containing takeoff and landing balloon that incorporates a basket or

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gondola, or an airship type certificated (2) Seats manufactured to U.S. stand- before November 2, 1987) unless the ards on or after February 26, 1985, must pilot in command of that aircraft en- bear two labels: sures that each person on board has (i) ‘‘This child restraint system con- been notified to fasten his or her safety forms to all applicable Federal motor belt and, if installed, his or her shoul- vehicle safety standards’’; and der harness. (ii) ‘‘THIS RESTRAINT IS CER- (3) Except as provided in this para- TIFIED FOR USE IN MOTOR VEHI- graph, each person on board a U.S.-reg- CLES AND AIRCRAFT’’ in red let- istered civil aircraft (except a free bal- tering; loon that incorporates a basket or gon- (3) Seats that do not qualify under dola or an airship type certificated be- paragraphs (a)(3)(iii)(B)(1) and fore November 2, 1987) must occupy an (a)(3)(iii)(B)(2) of this section must approved seat or berth with a safety bear either a label showing approval of belt and, if installed, shoulder harness, a foreign government or a label show- properly secured about him or her during that the seat was manufactured ing movement on the surface, takeoff, under the standards of the United Na- and landing. For seaplane and float tions; equipped rotorcraft operations during (4) Notwithstanding any other provi- movement on the surface, the person sion of this section, booster-type child pushing off the seaplane or rotorcraft restraint systems (as defined in Fed- from the dock and the person mooring eral Motor Vehicle Safety Standard the seaplane or rotorcraft at the dock No. 213 (49 CFR 571.213)), vest- and har- are excepted from the preceding seat- ness-type child restraint systems, and ing and safety belt requirements. Not- lap held child restraints are not ap- withstanding the preceding require- proved for use in aircraft; and ments of this paragraph, a person may: (C) The operator complies with the (i) Be held by an adult who is occu- following requirements: pying an approved seat or berth, pro- (1) The restraint system must be vided that the person being held has properly secured to an approved for- not reached his or her second birthday ward-facing seat or berth; and does not occupy or use any re- (2) The child must be properly se- straining device; cured in the restraint system and must (ii) Use the floor of the aircraft as a not exceed the specified weight limit seat, provided that the person is on for the restraint system; and board for the purpose of engaging in (3) The restraint system must bear sport parachuting; or the appropriate label(s). (iii) Notwithstanding any other re- (b) Unless otherwise stated, this sec- quirement of this chapter, occupy an tion does not apply to operations con- approved child restraint system fur- ducted under part 121, 125, or 135 of this nished by the operator or one of the chapter. Paragraph (a)(3) of this sec- persons described in paragraph tion does not apply to persons subject (a)(3)(iii)(A) of this section provided to § 91.105. that: [Doc. No. 26142, 57 FR 42671, Sept. 15, 1992, as (A) The child is accompanied by a amended by Amdt. 91–250, 61 FR 28421, June parent, guardian, or attendant des- 4, 1996] ignated by the child’s parent or guardian to attend to the safety of the child § 91.109 Flight instruction; Simulated during the flight; instrument flight and certain flight (B) Except as provided in paragraph tests. (a)(3)(iii)(B)(4) of this action, the ap- (a) No person may operate a civil air- proved child restraint system bears one craft (except a manned free balloon) or more labels as follows: that is being used for flight instruction (1) Seats manufactured to U.S. stand- unless that aircraft has fully func- ards between January 1, 1981, and Feb- tioning dual controls. However, instru- ruary 25, 1985, must bear the label: ment flight instruction may be given ‘‘This child restraint system conforms in a single-engine airplane equipped to all applicable Federal motor vehicle with a single, functioning throwover safety standards’’; control wheel in place of fixed, dual

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

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another which is on final approach to (d) If the minimum safe airspeed for land or to overtake that aircraft. any particular operation is greater than the maximum speed prescribed in § 91.115 Right-of-way rules: Water op- this section, the aircraft may be oper- erations. ated at that minimum speed. (a) General. Each person operating an [Doc. No. 18334, 54 FR 34292, Aug. 18, 1989, as aircraft on the water shall, insofar as amended by Amdt. 91–219, 55 FR 34708, Aug. possible, keep clear of all vessels and 24, 1990; Amdt. 91–227, 56 FR 65657, Dec. 17, avoid impeding their navigation, and 1991; Amdt. 91–233, 58 FR 43554, Aug. 17, 1993] shall give way to any vessel or other aircraft that is given the right-of-way § 91.119 Minimum safe altitudes: Gen- by any rule of this section. eral. (b) Crossing. When aircraft, or an air- Except when necessary for takeoff or craft and a vessel, are on crossing landing, no person may operate an air- courses, the aircraft or vessel to the craft below the following altitudes: other’s right has the right-of-way. (a) Anywhere. An altitude allowing, if (c) Approaching head-on. When air- a power unit fails, an emergency land- craft, or an aircraft and a vessel, are ing without undue hazard to persons or approaching head-on, or nearly so, each property on the surface. shall alter its course to the right to (b) Over congested areas. Over any keep well clear. congested area of a city, town, or set- (d) Overtaking. Each aircraft or vessel tlement, or over any open air assembly that is being overtaken has the right- of persons, an altitude of 1,000 feet of-way, and the one overtaking shall above the highest obstacle within a alter course to keep well clear. horizontal radius of 2,000 feet of the (e) Special circumstances. When air- aircraft. craft, or an aircraft and a vessel, ap- (c) Over other than congested areas. An proach so as to involve risk of colli- altitude of 500 feet above the surface, sion, each aircraft or vessel shall proceed with careful regard to existing except over open water or sparsely pop- circumstances, including the limita- ulated areas. In those cases, the air- tions of the respective craft. craft may not be operated closer than 500 feet to any person, vessel, vehicle, § 91.117 Aircraft speed. or structure. (d) Helicopters. Helicopters may be op- (a) Unless otherwise authorized by erated at less than the minimums pre- the Administrator, no person may op- scribed in paragraph (b) or (c) of this erate an aircraft below 10,000 feet MSL section if the operation is conducted at an indicated airspeed of more than without hazard to persons or property 250 knots (288 m.p.h.). on the surface. In addition, each person (b) Unless otherwise authorized or re- operating a helicopter shall comply quired by ATC, no person may operate with any routes or altitudes specifi- an aircraft at or below 2,500 feet above cally prescribed for helicopters by the the surface within 4 nautical miles of Administrator. the primary airport of a Class C or Class D airspace area at an indicated § 91.121 Altimeter settings. airspeed of more than 200 knots (230 mph.). This paragraph (b) does not (a) Each person operating an aircraft apply to any operations within a Class shall maintain the cruising altitude or B airspace area. Such operations shall flight level of that aircraft, as the case comply with paragraph (a) of this sec- may be, by reference to an altimeter tion. that is set, when operating— (c) No person may operate an aircraft (1) Below 18,000 feet MSL, to— in the airspace underlying a Class B (i) The current reported altimeter airspace area designated for an airport setting of a station along the route and or in a VFR corridor designated within 100 nautical miles of the air- through such a Class B airspace area, craft; at an indicated airspeed of more than (ii) If there is no station within the 200 knots (230 mph). area prescribed in paragraph (a)(1)(i) of

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

29.92 (or higher) ...... None Color and type of Meaning with re- Meaning with re- 29.91 through 29.42 ...... 500 signal spect to aircraft on spect to aircraft in 29.41 through 28.92 ...... 1,000 the surface flight 28.91 through 28.42 ...... 1,500 Steady green ...... Cleared for takeoff Cleared to land. 28.41 through 27.92 ...... 2,000 Flashing green ...... Cleared to taxi ...... Return for landing 27.91 through 27.42 ...... 2,500 (to be followed 27.41 through 26.92 ...... 3,000 by steady green at proper time). § 91.123 Compliance with ATC clear- Steady red ...... Stop ...... Give way to other aircraft and con- ances and instructions. tinue circling. (a) When an ATC clearance has been Flashing red ...... Taxi clear of run- Airport unsafe—do way in use. not land. obtained, no pilot in command may de- Flashing white ...... Return to starting Not applicable. viate from that clearance unless an point on airport. amended clearance is obtained, an Alternating red and Exercise extreme Exercise extreme emergency exists, or the deviation is in green. caution. caution. response to a traffic alert and collision avoidance system resolution advisory. § 91.126 Operating on or in the vicinity However, except in Class A airspace, a of an airport in Class G airspace. pilot may cancel an IFR flight plan if (a) General. Unless otherwise author- the operation is being conducted in ized or required, each person operating VFR weather conditions. When a pilot an aircraft on or in the vicinity of an is uncertain of an ATC clearance, that airport in a Class G airspace area must pilot shall immediately request clari- comply with the requirements of this fication from ATC. section.

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

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(1) Arrival or through flight. Each per- interception of glide slope, if compli- son must establish two-way radio com- ance with the applicable distance from munications with the ATC facility (in- cloud criteria requires interception cluding foreign ATC in the case of for- closer in) and the middle marker; and eign airspace designated in the United (3) An airplane approaching to land States) providing air traffic services on a runway served by a visual ap- prior to entering that airspace and proach slope indicator shall maintain thereafter maintain those communica- an altitude at or above the glide slope tions while within that airspace. until a lower altitude is necessary for a (2) Departing flight. Each person— safe landing. (i) From the primary airport or sat- Paragraphs (e)(2) and (e)(3) of this sec- ellite airport with an operating control tion do not prohibit normal bracketing tower must establish and maintain maneuvers above or below the glide two-way radio communications with slope that are conducted for the pur- the control tower, and thereafter as in- pose of remaining on the glide slope. structed by ATC while operating in the (f) Approaches. Except when con- Class D airspace area; or ducting a circling approach under part (ii) From a satellite airport without 97 of this chapter or unless otherwise an operating control tower, must es- required by ATC, each pilot must— tablish and maintain two-way radio (1) Circle the airport to the left, if op- communications with the ATC facility erating an airplane; or having jurisdiction over the Class D airspace area as soon as practicable (2) Avoid the flow of fixed-wing air- after departing. craft, if operating a helicopter. (d) Communications failure. Each per- (g) Departures. No person may oper- son who operates an aircraft in a Class ate an aircraft departing from an air- D airspace area must maintain two- port except in compliance with the fol- way radio communications with the lowing: ATC facility having jurisdiction over (1) Each pilot must comply with any that area. departure procedures established for (1) If the aircraft radio fails in flight that airport by the FAA. under IFR, the pilot must comply with (2) Unless otherwise required by the § 91.185 of the part. prescribed departure procedure for that (2) If the aircraft radio fails in flight airport or the applicable distance from under VFR, the pilot in command may clouds criteria, each pilot of a turbine- operate that aircraft and land if— powered airplane and each pilot of a (i) Weather conditions are at or large airplane must climb to an alti- above basic VFR weather minimums; tude of 1,500 feet above the surface as (ii) Visual contact with the tower is rapidly as practicable. maintained; and (h) Noise abatement. Where a formal (iii) A clearance to land is received. runway use program has been estab- (e) Minimum Altitudes. When oper- lished by the FAA, each pilot of a large ating to an airport in Class D airspace, or turbine-powered airplane assigned a each pilot of— noise abatement runway by ATC must (1) A large or turbine-powered air- use that runway. However, consistent plane shall, unless otherwise required with the final authority of the pilot in by the applicable distance from cloud command concerning the safe oper- criteria, enter the traffic pattern at an ation of the aircraft as prescribed in altitude of at least 1,500 feet above the § 91.3(a), ATC may assign a different elevation of the airport and maintain runway if requested by the pilot in the at least 1,500 feet until further descent interest of safety. is required for a safe landing; (i) Takeoff, landing, taxi clearance. No (2) A large or turbine-powered air- person may, at any airport with an op- plane approaching to land on a runway erating control tower, operate an air- served by an instrument landing sys- craft on a runway or taxiway, or take tem (ILS), if the airplane is ILS off or land an aircraft, unless an appro- equipped, shall fly that airplane at an priate clearance is received from ATC. altitude at or above the glide slope be- A clearance to ‘‘taxi to’’ the takeoff tween the outer marker (or point of runway assigned to the aircraft is not a

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clearance to cross that assigned take- (d) Equipment requirements. Unless off runway, or to taxi on that runway otherwise authorized by the ATC hav- at any point, but is a clearance to cross ing jurisdiction over the Class C air- other runways that intersect the taxi space area, no person may operate an route to that assigned takeoff runway. aircraft within a Class C airspace area A clearance to ‘‘taxi to’’ any point designated for an airport unless that other than an assigned takeoff runway aircraft is equipped with the applicable is clearance to cross all runways that equipment specified in § 91.215. intersect the taxi route to that point. (e) Deviations. An operator may deviate from any provision of this section [Doc. No. 24458, 56 FR 65658, Dec. 17, 1991, as under the provisions of an ATC author- amended by Amdt. 91–234, 58 FR 48793, Sept. 20, 1993] ization issued by the ATC facility having jurisdiction over the airspace con- § 91.130 Operations in Class C air- cerned. ATC may authorize a deviation space. on a continuing basis or for an individual flight, as appropriate. (a) General. Unless otherwise authorized by ATC, each aircraft operation in [Doc. No. 24458, 56 FR 65659, Dec. 17, 1991, as Class C airspace must be conducted in amended by Amdt. 91–232, 58 FR 40736, July compliance with this section and 30, 1993; Amdt. 91–239, 59 FR 11693, Mar. 11, § 91.129. For the purpose of this section, 1994] the primary airport is the airport for § 91.131 Operations in Class B air- which the Class C airspace area is des- space. ignated. A satellite airport is any other airport within the Class C airspace (a) Operating rules. No person may op- area. erate an aircraft within a Class B airspace area except in compliance with (b) Traffic patterns. No person may § 91.129 and the following rules: take off or land an aircraft at a sat- (1) The operator must receive an ATC ellite airport within a Class C airspace clearance from the ATC facility having area except in compliance with FAA jurisdiction for that area before oper- arrival and departure traffic patterns. ating an aircraft in that area. (c) Communications. Each person oper- (2) Unless otherwise authorized by ating an aircraft in Class C airspace ATC, each person operating a large tur- must meet the following two-way radio bine engine-powered airplane to or communications requirements: from a primary airport for which a (1) Arrival or through flight. Each per- Class B airspace area is designated son must establish two-way radio com- must operate at or above the des- munications with the ATC facility (in- ignated floors of the Class B airspace cluding foreign ATC in the case of for- area while within the lateral limits of eign airspace designated in the United that area. States) providing air traffic services (3) Any person conducting pilot prior to entering that airspace and training operations at an airport with- thereafter maintain those communica- in a Class B airspace area must comply tions while within that airspace. with any procedures established by (2) Departing flight. Each person— ATC for such operations in that area. (i) From the primary airport or sat- (b) Pilot requirements. (1) No person ellite airport with an operating control may take off or land a civil aircraft at tower must establish and maintain an airport within a Class B airspace two-way radio communications with area or operate a civil aircraft within a the control tower, and thereafter as in- Class B airspace area unless— structed by ATC while operating in the (i) The pilot in command holds at Class C airspace area; or least a private pilot certificate; or (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

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person may take off or land a civil air- ating in Class A airspace must be craft at those airports listed in section equipped with a two-way radio capable 4 of appendix D of this part unless the of communicating with ATC on a fre- pilot in command holds at least a pri- quency assigned by ATC. Each pilot vate pilot certificate. must maintain two-way radio commu- (c) Communications and navigation nications with ATC while operating in equipment requirements. Unless other- Class A airspace. wise authorized by ATC, no person may (c) Transponder requirement. Unless operate an aircraft within a Class B otherwise authorized by ATC, no per- airspace area unless that aircraft is son may operate an aircraft within equipped with— Class A airspace unless that aircraft is (1) For IFR operation. An operable equipped with the applicable equip- VOR or TACAN receiver; and ment specified in § 91.215. (2) For all operations. An operable (d) ATC authorizations. An operator two-way radio capable of communica- may deviate from any provision of this tions with ATC on appropriate fre- section under the provisions of an ATC quencies for that Class B airspace area. authorization issued by the ATC facil- (d) Transponder requirements. No per- ity having jurisdiction of the airspace son may operate an aircraft in a Class concerned. In the case of an inoper- B airspace area unless the aircraft is ative transponder, ATC may imme- equipped with the applicable operating diately approve an operation within a transponder and automatic altitude re- Class A airspace area allowing flight to porting equipment specified in para- continue, if desired, to the airport of graph (a) of § 91.215, except as provided ultimate destination, including any in- in paragraph (d) of that section. termediate stops, or to proceed to a [Doc. No. 24458, 56 FR 65658, Dec. 17, 1991] place where suitable repairs can be made, or both. Requests for deviation § 91.133 Restricted and prohibited from any provision of this section must areas. be submitted in writing, at least 4 days (a) No person may operate an aircraft before the proposed operation. ATC within a restricted area (designated in may authorize a deviation on a con- part 73) contrary to the restrictions tinuing basis or for an individual imposed, or within a prohibited area, flight. unless that person has the permission [Doc. No. 24458, 56 FR 65659, Dec. 17, 1991] of the using or controlling agency, as appropriate. § 91.137 Temporary flight restrictions (b) Each person conducting, within a in the vicinity of disaster/hazard restricted area, an aircraft operation areas. (approved by the using agency) that (a) The Administrator will issue a creates the same hazards as the oper- Notice to Airmen (NOTAM) desig- ations for which the restricted area nating an area within which temporary was designated may deviate from the flight restrictions apply and specifying rules of this subpart that are not com- the hazard or condition requiring their patible with the operation of the air- imposition, whenever he determines it craft. is necessary in order to— § 91.135 Operations in Class A air- (1) Protect persons and property on space. the surface or in the air from a hazard Except as provided in paragraph (d) associated with an incident on the sur- of this section, each person operating face; an aircraft in Class A airspace must (2) Provide a safe environment for conduct that operation under instru- the operation of disaster relief aircraft; ment flight rules (IFR) and in compli- or ance with the following: (3) Prevent an unsafe congestion of (a) Clearance. Operations may be con- sightseeing and other aircraft above an ducted only under an ATC clearance re- incident or event which may generate a ceived prior to entering the airspace. high degree of public interest. (b) Communications. Unless otherwise The Notice to Airmen will specify the authorized by ATC, each aircraft oper- hazard or condition that requires the

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imposition of temporary flight restric- around the area due to weather or ter- tions. rain, and the operation is not con- (b) When a NOTAM has been issued ducted for the purpose of observing the under paragraph (a)(1) of this section, incident or event. no person may operate an aircraft (2) The aircraft is operating under an within the designated area unless that ATC approved IFR flight plan. aircraft is participating in the hazard (3) The aircraft is carrying incident relief activities and is being operated or event personnel, or law enforcement under the direction of the official in officials. charge of on scene emergency response (4) The aircraft is carrying properly activities. accredited news representatives and, (c) When a NOTAM has been issued prior to entering that area, a flight under paragraph (a)(2) of this section, plan is filed with the appropriate FSS no person may operate an aircraft or ATC facility specified in the within the designated area unless at NOTAM. least one of the following conditions (e) Flight plans filed and notifica- are met: tions made with an FSS or ATC facil- (1) The aircraft is participating in ity under this section shall include the hazard relief activities and is being op- following information: erated under the direction of the offi- (1) Aircraft identification, type and cial in charge of on scene emergency color. response activities. (2) Radio communications fre- (2) The aircraft is carrying law en- quencies to be used. forcement officials. (3) Proposed times of entry of, and (3) The aircraft is operating under exit from, the designated area. the ATC approved IFR flight plan. (4) Name of news media or organiza- (4) The operation is conducted dition and purpose of flight. rectly to or from an airport within the (5) Any other information requested area, or is necessitated by the imprac- by ATC. ticability of VFR flight above or around the area due to weather, or ter- § 91.138 Temporary flight restrictions rain; notification is given to the Flight in national disaster areas in the Service Station (FSS) or ATC facility State of Hawaii. specified in the NOTAM to receive (a) When the Administrator has de- advisories concerning disaster relief termined, pursuant to a request and aircraft operations; and the operation justification provided by the Governor does not hamper or endanger relief ac- of the State of Hawaii, or the Gov- tivities and is not conducted for the ernor’s designee, that an inhabited purpose of observing the disaster. area within a declared national dis- (5) The aircraft is carrying properly aster area in the State of Hawaii is in accredited news representatives, and, need of protection for humanitarian prior to entering the area, a flight plan reasons, the Administrator will issue a is filed with the appropriate FAA or Notice to Airmen (NOTAM) desig- ATC facility specified in the Notice to nating an area within which temporary Airmen and the operation is conducted flight restrictions apply. The Adminis- above the altitude used by the disaster trator will designate the extent and du- relief aircraft, unless otherwise author- ration of the temporary flight restric- ized by the official in charge of on tions necessary to provide for the pro- scene emergency response activities. tection of persons and property on the (d) When a NOTAM has been issued surface. under paragraph (a)(3) of this section, (b) When a NOTAM has been issued in no person may operate an aircraft accordance with this section, no person within the designated area unless at may operate an aircraft within the des- least one of the following conditions is ignated area unless at least one of the met: following conditions is met: (1) The operation is conducted di- (1) That person has obtained author- rectly to or from an airport within the ization from the official in charge of area, or is necessitated by the imprac- associated emergency or disaster relief ticability of VFR flight above or response activities, and is operating

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the aircraft under the conditions of vide notification of the issuance of the that authorization. rule or regulation. (2) The aircraft is carrying law en- Those NOTAMs communicate infor- forcement officials. mation concerning the rules and regu- (3) The aircraft is carrying persons lations that govern flight operations, involved in an emergency or a legiti- the use of navigation facilities, and mate scientific purpose. designation of that airspace in which (4) The aircraft is carrying properly the rules and regulations apply. accredited newspersons, and that prior (c) When a NOTAM has been issued to entering the area, a flight plan is under this section, no person may oper- filed with the appropriate FAA or ATC ate an aircraft, or other device gov- facility specified in the NOTAM and erned by the regulation concerned, the operation is conducted in compli- within the designated airspace except ance with the conditions and restric- in accordance with the authorizations, tions established by the official in terms, and conditions prescribed in the charge of on-scene emergency response regulation covered by the NOTAM. activities. (5) The aircraft is operating in ac- § 91.141 Flight restrictions in the prox- cordance with an ATC clearance or in- imity of the Presidential and other struction. parties. (c) A NOTAM issued under this sec- No person may operate an aircraft tion is effective for 90 days or until the over or in the vicinity of any area to be national disaster area designation is visited or traveled by the President, terminated, whichever comes first, un- the Vice President, or other public fig- less terminated by notice or extended ures contrary to the restrictions estab- by the Administrator at the request of lished by the Administrator and pub- the Governor of the State of Hawaii or lished in a Notice to Airmen (NOTAM). the Governor’s designee. § 91.143 Flight limitation in the prox- [Doc. No. 26476, 56 FR 23178, May 20, 1991, as imity of space flight operations. amended by Amdt. 91–270, 66 FR 47377, Sept. No person may operate any aircraft 11, 2001] of U.S. registry, or pilot any aircraft § 91.139 Emergency air traffic rules. under the authority of an airman certificate issued by the Federal Aviation (a) This section prescribes a process Administration within areas des- for utilizing Notices to Airmen ignated in a Notice to Airmen (NOTAMs) to advise of the issuance (NOTAM) for space flight operations and operations under emergency air except when authorized by ATC, or op- traffic rules and regulations and des- erated under the control of the Depart- ignates the official who is authorized ment of Defense Manager for Space to issue NOTAMs on behalf of the Ad- Transportation System Contingency ministrator in certain matters under Support Operations. this section. (b) Whenever the Administrator de- § 91.144 Temporary restriction on termines that an emergency condition flight operations during abnormally exists, or will exist, relating to the high barometric pressure condi- FAA’s ability to operate the air traffic tions. control system and during which nor- (a) Special flight restrictions. When any mal flight operations under this chap- information indicates that barometric ter cannot be conducted consistent pressure on the route of flight cur- with the required levels of safety and rently exceeds or will exceed 31 inches efficiency— of mercury, no person may operate an (1) The Administrator issues an im- aircraft or initiate a flight contrary to mediately effective air traffic rule or the requirements established by the regulation in response to that emer- Administrator and published in a No- gency condition; and tice to Airmen issued under this sec- (2) The Administrator or the Asso- tion. ciate Administrator for Air Traffic (b) Waivers. The Administrator is au- may utilize the NOTAM system to pro- thorized to waive any restriction

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issued under paragraph (a) of this sec- (3) Any existing ATC airspace traffic tion to permit emergency supply, management restrictions. transport, or medical services to be de- (4) Estimated duration of the event. livered to isolated communities, where (5) Degree of public interest. the operation can be conducted with an (6) Number of spectators. acceptable level of safety. (7) Provisions for spectator safety. (8) Number and types of participating [Amdt. 91–240, 59 FR 17452, Apr. 12, 1994; 59 FR 37669, July 25, 1994] aircraft. (9) Use of mixed high and low per- § 91.145 Management of aircraft oper- formance aircraft. ations in the vicinity of aerial dem- (10) Impact on non-participating air- onstrations and major sporting craft. events. (11) Weather minimums. (a) The FAA will issue a Notice to (12) Emergency procedures that will Airmen (NOTAM) designating an area be in effect. of airspace in which a temporary flight (c) A NOTAM issued under this sec- restriction applies when it determines tion will state the name of the aerial that a temporary flight restriction is demonstration or sporting event and necessary to protect persons or prop- specify the effective dates and times, erty on the surface or in the air, to the geographic features or coordinates, maintain air safety and efficiency, or and any other restrictions or proce- to prevent the unsafe congestion of air- dures governing flight operations in craft in the vicinity of an aerial dem- the designated airspace. onstration or major sporting event. (d) When a NOTAM has been issued in These demonstrations and events may accordance with this section, no person include: may operate an aircraft or device, or (1) United States Naval Flight Dem- engage in any activity within the des- onstration Team (Blue Angels); ignated airspace area, except in accord- (2) United States Air Force Air Dem- ance with the authorizations, terms, onstration Squadron (Thunderbirds); and conditions of the temporary flight restriction published in the NOTAM, (3) United States Army Parachute unless otherwise authorized by: Team (Golden Knights); (1) Air traffic control; or (4) Summer/Winter Olympic Games; (2) A Flight Standards Certificate of (5) Annual Tournament of Roses Waiver or Authorization issued for the Football Game; demonstration or event. (6) World Cup Soccer; (e) For the purpose of this section: (7) Major League Baseball All-Star (1) Flight restricted airspace area for an Game; aerial demonstration—The amount of (8) World Series; airspace needed to protect persons and (9) Kodak Albuquerque International property on the surface or in the air, to Balloon Fiesta; maintain air safety and efficiency, or (10) Sandia Classic Hang Gliding to prevent the unsafe congestion of air- Competition; craft will vary depending on the aerial (11) Indianapolis 500 Mile Race; demonstration and the factors listed in (12) Any other aerial demonstration paragraph (b) of this section. The re- or sporting event the FAA determines stricted airspace area will normally be to need a temporary flight restriction limited to a 5 nautical mile radius in accordance with paragraph (b) of from the center of the demonstration this section. and an altitude 17000 mean sea level (b) In deciding whether a temporary (for high performance aircraft) or 13000 flight restriction is necessary for an feet above the surface (for certain aerial demonstration or major sporting parachute operations), but will be no event not listed in paragraph (a) of this greater than the minimum airspace section, the FAA considers the fol- necessary for the management of air- lowing factors: craft operations in the vicinity of the (1) Area where the event will be held. specified area. (2) Effect flight restrictions will have (2) Flight restricted area for a major on known aircraft operations. sporting event—The amount of airspace

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needed to protect persons and property § 91.153 VFR flight plan: Information on the surface or in the air, to main- required. tain air safety and efficiency, or to pre- (a) Information required. Unless other- vent the unsafe congestion of aircraft wise authorized by ATC, each person will vary depending on the size of the filing a VFR flight plan shall include in event and the factors listed in para- it the following information: graph (b) of this section. The restricted airspace will normally be limited to a (1) The aircraft identification num- 3 nautical mile radius from the center ber and, if necessary, its radio call of the event and 2500 feet above the sign. surface but will not be greater than the (2) The type of the aircraft or, in the minimum airspace necessary for the case of a formation flight, the type of management of aircraft operations in each aircraft and the number of air- the vicinity of the specified area. craft in the formation. (f) A NOTAM issued under this sec- (3) The full name and address of the tion will be issued at least 30 days in pilot in command or, in the case of a advance of an aerial demonstration or formation flight, the formation com- a major sporting event, unless the FAA mander. finds good cause for a shorter period (4) The point and proposed time of de- and explains this in the NOTAM. parture. (g) When warranted, the FAA Admin- (5) The proposed route, cruising alti- istrator may exclude the following tude (or flight level), and true airspeed flights from the provisions of this sec- at that altitude. tion: (6) The point of first intended landing (1) Essential military. and the estimated elapsed time until (2) Medical and rescue. over that point. (3) Presidential and Vice Presi- (7) The amount of fuel on board (in dential. hours). (4) Visiting heads of state. (8) The number of persons in the air- (5) Law enforcement and security. craft, except where that information is (6) Public health and welfare. otherwise readily available to the FAA. (9) Any other information the pilot in [Doc. No. FAA–2000–8274, 66 FR 47378, Sept. command or ATC believes is necessary 11, 2001] for ATC purposes. §§ 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 when the flight visibility is less, or at speed— a distance from clouds that is less, (1) During the day, to fly after that than that prescribed for the cor- for at least 30 minutes; or responding altitude and class of air- (2) At night, to fly after that for at space in the following table: least 45 minutes. (b) No person may begin a flight in a Distance from Airspace Flight visibility clouds rotorcraft under VFR conditions unless (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. 1,000 feet above. and, assuming normal cruising speed, 2,000 feet hori- to fly after that for at least 20 minutes. zontal.

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the ceiling under VFR within the lat- Airspace Flight visibility Distance from clouds eral boundaries of controlled airspace Class D ...... 3 statute miles ...... 500 feet below. designated to the surface for an airport 1,000 feet above. when the ceiling is less than 1,000 feet. 2,000 feet hori- (d) Except as provided in § 91.157 of zontal. Class E: this part, no person may take off or Less than 3 statute miles ...... 500 feet below. land an aircraft, or enter the traffic 10,000 feet 1,000 feet above. pattern of an airport, under VFR, with- MSL. 2,000 feet hori- in the lateral boundaries of the surface zontal At or above 5 statute miles ...... 1,000 feet below. areas of Class B, Class C, Class D, or 10,000 feet 1,000 feet above. Class E airspace designated for an air- MSL. 1 statute mile port— horizontal. (1) Unless ground visibility at that Class G: 1,200 feet or airport is at least 3 statute miles; or less above (2) If ground visibility is not reported the surface at that airport, unless flight visibility (regardless of MSL alti- during landing or takeoff, or while op- tude). erating in the traffic pattern is at least Day, except as 1 statute mile ...... Clear of clouds. 3 statute miles. provided in (e) For the purpose of this section, an § 91.155(b). Night, except as 3 statute miles ...... 500 feet below. aircraft operating at the base altitude provided in 1,000 feet above. of a Class E airspace area is considered § 91.155(b). 2,000 feet hori- to be within the airspace directly zontal. below that area. More than 1,200 feet above the [Doc. No. 24458, 56 FR 65660, Dec. 17, 1991, as surface but amended by Amdt. 91–235, 58 FR 51968, Oct. 5, less than 10,000 feet 1993] MSL Day ...... 1 statute mile ...... 500 feet below. § 91.157 Special VFR weather mini- 1,000 feet above. mums. 2,000 feet horizontal. (a) Except as provided in appendix D, Night ...... 3 statute miles ...... 500 feet below. section 3, of this part, special VFR op- 1,000 feet above. erations may be conducted under the 2,000 feet horizontal. 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 designated 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—

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(1) Unless ground visibility is at least (1) On a magnetic course of zero de- 1 statute mile; or grees through 179 degrees, any flight (2) If ground visibility is not re- level, at 4,000-foot intervals, beginning ported, unless flight visibility is at at and including flight level 300 (such least 1 statute mile. For the purposes as flight level 300, 340, or 380); or of this paragraph, the term flight visi- (2) On a magnetic course of 180 de- bility includes the visibility from the grees through 359 degrees, any flight cockpit of an aircraft in takeoff posi- level, at 4,000-foot intervals, beginning tion if: at and including flight level 320 (such (i) The flight is conducted under this as flight level 320, 360, or 400). part 91; and (ii) The airport at which the aircraft §§ 91.161–91.165 [Reserved] is located is a satellite airport that does not have weather reporting capa- INSTRUMENT FLIGHT RULES bilities. (d) The determination of visibility by § 91.167 Fuel requirements for flight in a pilot in accordance with paragraph IFR conditions. (c)(2) of this section is not an official (a) No person may operate a civil air- weather report or an official ground craft in IFR conditions unless it car- visibility report. ries enough fuel (considering weather [Amdt. 91–235, 58 FR 51968, Oct. 5, 1993, as reports and forecasts and weather con- amended by Amdt. 91–247, 60 FR 66874, Dec. ditions) to— 27, 1995; Amdt. 91–262, 65 FR 16116, Mar. 24, (1) Complete the flight to the first 2000] airport of intended landing; (2) Except as provided in paragraph § 91.159 VFR cruising altitude or flight (b) of this section, fly from that airport level. to the alternate airport; and Except while holding in a holding (3) Fly after that for 45 minutes at pattern of 2 minutes or less, or while normal cruising speed or, for heli- turning, each person operating an air- copters, fly after that for 30 minutes at craft under VFR in level cruising flight normal cruising speed. more than 3,000 feet above the surface (b) Paragraph (a)(2) of this section shall maintain the appropriate altitude does not apply if: or flight level prescribed below, unless (1) Part 97 of this chapter prescribes otherwise authorized by ATC: a standard instrument approach proce- (a) When operating below 18,000 feet dure to, or a special instrument ap- MSL and— proach procedure has been issued by (1) On a magnetic course of zero de- the Administrator to the operator for, grees through 179 degrees, any odd thousand foot MSL altitude +500 feet the first airport of intended landing; (such as 3,500, 5,500, or 7,500); or and (2) On a magnetic course of 180 de- (2) Appropriate weather reports or grees through 359 degrees, any even weather forecasts, or a combination of thousand foot MSL altitude +500 feet them, indicate the following: (such as 4,500, 6,500, or 8,500). (i) For aircraft other than helicopters. (b) When operating above 18,000 feet For at least 1 hour before and for 1 MSL to flight level 290 (inclusive) hour after the estimated time of ar- and— rival, the ceiling will be at least 2,000 (1) On a magnetic course of zero de- feet above the airport elevation and grees through 179 degrees, any odd the visibility will be at least 3 statute flight level +500 feet (such as 195, 215, miles. or 235); or (ii) For helicopters. At the estimated (2) On a magnetic course of 180 de- time of arrival and for 1 hour after the grees through 359 degrees, any even estimated time of arrival, the ceiling flight level +500 feet (such as 185, 205, will be at least 1,000 feet above the air- or 225). port elevation, or at least 400 feet (c) When operating above flight level above the lowest applicable approach 290 and— minima, whichever is higher, and the

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visibility will be at least 2 statute (i) For aircraft other than helicopters: miles. The alternate airport minima specified in that procedure, or if none are speci- [Doc. No. 98-4390, 65 FR 3546, Jan. 21, 2000] fied the following standard approach § 91.169 IFR flight plan: Information minima: required. (A) For a precision approach procedure. (a) Information required. Unless other- Ceiling 600 feet and visibility 2 statute wise authorized by ATC, each person miles. filing an IFR flight plan must include (B) For a nonprecision approach proce- in it the following information: dure. Ceiling 800 feet and visibility 2 (1) Information required under § 91.153 statute miles. (a) of this part; (ii) For helicopters: Ceiling 200 feet (2) Except as provided in paragraph above the minimum for the approach (b) of this section, an alternate airport. to be flown, and visibility at least 1 (b) Paragraph (a)(2) of this section statute mile but never less than the does not apply if : minimum visibility for the approach to (1) Part 97 of this chapter prescribes be flown, and a standard instrument approach proce- (2) If no instrument approach procedure to, or a special instrument ap- dure has been published in part 97 of proach procedure has been issued by this chapter and no special instrument the Administrator to the operator for, approach procedure has been issued by the first airport of intended landing; the Administrator to the operator, for and the alternate airport, the ceiling and (2) Appropriate weather reports or visibility minima are those allowing weather forecasts, or a combination of descent from the MEA, approach, and them, indicate the following: landing under basic VFR. (i) For aircraft other than helicopters. (d) Cancellation. When a flight plan For at least 1 hour before and for 1 has been activated, the pilot in com- hour after the estimated time of ar- mand, upon canceling or completing rival, the ceiling will be at least 2,000 the flight under the flight plan, shall feet above the airport elevation and notify an FAA Flight Service Station the visibility will be at least 3 statute or ATC facility. miles. [Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as (ii) For helicopters. At the estimated amended by Amdt. 91–259, 65 FR 3546, Jan. 21, time of arrival and for 1 hour after the 2000] estimated time of arrival, the ceiling will be at least 1,000 feet above the air- § 91.171 VOR equipment check for IFR port elevation, or at least 400 feet operations. above the lowest applicable approach (a) No person may operate a civil air- minima, whichever is higher, and the craft under IFR using the VOR system visibility will be at least 2 statute of radio navigation unless the VOR miles. equipment of that aircraft— (c) IFR alternate airport weather mini- (1) Is maintained, checked, and in- ma. Unless otherwise authorized by the spected under an approved procedure; Administrator, no person may include or 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

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radio repair station or, outside the used, an entry must be made in the air- United States, a test signal operated or craft log or other record by the repair approved by an appropriate authority station certificate holder or the certifi- to check the VOR equipment (the max- cate holder’s representative certifying imum permissible indicated bearing to the bearing transmitted by the re- error is plus or minus 4 degrees); or pair station for the check and the date (2) Use, at the airport of intended de- of transmission. parture, a point on the airport surface (Approved by the Office of Management and designated as a VOR system check- Budget under control number 2120–0005) point by the Administrator, or, outside the United States, by an appropriate § 91.173 ATC clearance and flight plan authority (the maximum permissible required. bearing error is plus or minus 4 de- No person may operate an aircraft in grees); controlled airspace under IFR unless (3) If neither a test signal nor a des- that person has— ignated checkpoint on the surface is (a) Filed an IFR flight plan; and available, use an airborne checkpoint (b) Received an appropriate ATC designated by the Administrator or, clearance. outside the United States, by an appropriate authority (the maximum per- § 91.175 Takeoff and landing under missible bearing error is plus or minus IFR. 6 degrees); or (a) Instrument approaches to civil air- (4) If no check signal or point is ports. available, while in flight— Unless otherwise authorized by the (i) Select a VOR radial that lies Administrator, when an instrument along the centerline of an established letdown to a civil airport is necessary, VOR airway; each person operating an aircraft, ex- (ii) Select a prominent ground point cept a military aircraft of the United along the selected radial preferably States, shall use a standard instrument more than 20 nautical miles from the approach procedure prescribed for the VOR ground facility and maneuver the airport in part 97 of this chapter. aircraft directly over the point at a (b) Authorized DH or MDA. For the reasonably low altitude; and purpose of this section, when the ap- (iii) Note the VOR bearing indicated proach procedure being used provides by the receiver when over the ground for and requires the use of a DH or 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;

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(2) The flight visibility is not less (f) Civil airport takeoff minimums. Un- than the visibility prescribed in the less otherwise authorized by the Ad- standard instrument approach being ministrator, no pilot operating an air- used; and craft under parts 121, 125, 129, or 135 of (3) Except for a Category II or Cat- this chapter may take off from a civil egory III approach where any necessary airport under IFR unless weather con- visual reference requirements are spec- ditions are at or above the weather ified by the Administrator, at least one minimum for IFR takeoff prescribed of the following visual references for for that airport under part 97 of this the intended runway is distinctly visi- chapter. If takeoff minimums are not ble and identifiable to the pilot: prescribed under part 97 of this chapter (i) The approach light system, except for a particular airport, the following that the pilot may not descend below minimums apply to takeoffs under IFR 100 feet above the touchdown zone ele- for aircraft operating under those vation using the approach lights as a parts: reference unless the red terminating (1) For aircraft, other than heli- bars or the red side row bars are also copters, having two engines or less—1 distinctly visible and identifiable. statute mile visibility. (ii) The threshold. (2) For aircraft having more than two (iii) The threshold markings. engines—1⁄2 statute mile visibility. (iv) The threshold lights. (3) For helicopters—1⁄2 statute mile (v) The runway end identifier lights. visibility. (vi) The visual approach slope indi- (g) Military airports. Unless otherwise cator. prescribed by the Administrator, each (vii) The touchdown zone or touch- person operating a civil aircraft under down zone markings. IFR into or out of a military airport (viii) The touchdown zone lights. shall comply with the instrument ap- (ix) The runway or runway markings. proach procedures and the takeoff and (x) The runway lights. landing minimum prescribed by the (d) Landing. No pilot operating an military authority having jurisdiction aircraft, except a military aircraft of of that airport. the United States, may land that air- (h) Comparable values of RVR and craft when the flight visibility is less ground visibility. (1) Except for Category than the visibility prescribed in the II or Category III minimums, if RVR 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

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may be used not only for surveillance specification pertinent to the oper- and precision radar approaches, as ap- ations. plicable, but also may be used in con- [Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as junction with instrument approach amended by Amdt. 91–267, 66 FR 21066, Apr. procedures predicated on other types of 27, 2001] radio navigational aids. Radar vectors may be authorized to provide course § 91.177 Minimum altitudes for IFR op- guidance through the segments of an erations. approach to the final course or fix. (a) Operation of aircraft at minimum al- When operating on an unpublished titudes. Except when necessary for route or while being radar vectored, takeoff or landing, no person may oper- the pilot, when anapproach clearance is ate an aircraft under IFR below— received, shall, in addition to com- (1) The applicable minimum altitudes plying with § 91.177, maintain the last prescribed in parts 95 and 97 of this altitude assigned to that pilot until the chapter; or aircraft is established on a segment of (2) If no applicable minimum altitude a published route or instrument ap- is prescribed in those parts— proach procedure unless a different al- (i) In the case of operations over an titude is assigned by ATC. After the area designated as a mountainous area aircraft is so established, published al- in part 95, an altitude of 2,000 feet titudes apply to descent within each above the highest obstacle within a succeeding route or approach segment horizontal distance of 4 nautical miles unless a different altitude is assigned from the course to be flown; or by ATC. Upon reaching the final ap- (ii) In any other case, an altitude of proach course or fix, the pilot may ei- 1,000 feet above the highest obstacle ther complete the instrument approach within a horizontal distance of 4 nau- in accordance with a procedure ap- tical miles from the course to be flown. proved for the facility or continue a However, if both a MEA and a MOCA surveillance or precision radar ap- are prescribed for a particular route or proach to a landing. route segment, a person may operate (j) Limitation on procedure turns. In an aircraft below the MEA down to, the case of a radar vector to a final ap- but not below, the MOCA, when within proach course or fix, a timed approach 22 nautical miles of the VOR concerned from a holding fix, or an approach for (based on the pilot’s reasonable esti- which the procedure specifies ‘‘No PT,’’ mate of that distance). no pilot may make a procedure turn (b) Climb. Climb to a higher minimum unless cleared to do so by ATC. IFR altitude shall begin immediately (k) ILS components. The basic ground after passing the point beyond which that minimum altitude applies, except components of an ILS are the localizer, that when ground obstructions inter- glide slope, outer marker, middle vene, the point beyond which that marker, and, when installed for use higher minimum altitude applies shall with Category II or Category III instru- be crossed at or above the applicable ment approach procedures, an inner MCA. marker. A compass locator or precision radar may be substituted for the outer § 91.179 IFR cruising altitude or flight or middle marker. DME, VOR, or non- level. directional beacon fixes authorized in (a) In controlled airspace. Each person the standard instrument approach pro- operating an aircraft under IFR in cedure or surveillance radar may be level cruising flight in controlled air- substituted for the outer marker. Ap- space shall maintain the altitude or plicability of, and substitution for, the flight level assigned that aircraft by inner marker for Category II or III ap- ATC. However, if the ATC clearance as- proaches is determined by the appro- signs ‘‘VFR conditions on-top,’’ that priate part 97 approach procedure, let- person shall maintain an altitude or ter of authorization, or operations flight level as prescribed by § 91.159.

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(b) In uncontrolled airspace. Except § 91.183 IFR radio communications. while in a holding pattern of 2 minutes The pilot in command of each air- or less or while turning, each person craft operated under IFR in controlled operating an aircraft under IFR in airspace shall have a continuous watch level cruising flight in uncontrolled maintained on the appropriate fre- airspace shall maintain an appropriate quency and shall report by radio as altitude as follows: soon as possible— (1) When operating below 18,000 feet (a) The time and altitude of passing MSL and— each designated reporting point, or the (i) On a magnetic course of zero de- reporting points specified by ATC, ex- grees through 179 degrees, any odd cept that while the aircraft is under thousand foot MSL altitude (such as radar control, only the passing of those 3,000, 5,000, or 7,000); or reporting points specifically requested (ii) On a magnetic course of 180 de- by ATC need be reported; (b) Any unforecast weather condi- grees through 359 degrees, any even tions encountered; and thousand foot MSL altitude (such as (c) Any other information relating to 2,000, 4,000, or 6,000). the safety of flight. (2) When operating at or above 18,000 feet MSL but below flight level 290, § 91.185 IFR operations: Two-way and— radio communications failure. (i) On a magnetic course of zero de- (a) General. Unless otherwise author- grees through 179 degrees, any odd ized by ATC, each pilot who has two- flight level (such as 190, 210, or 230); or way radio communications failure (ii) On a magnetic course of 180 de- when operating under IFR shall comply grees through 359 degrees, any even with the rules of this section. flight level (such as 180, 200, or 220). (b) VFR conditions. If the failure oc- (3) When operating at flight level 290 curs in VFR conditions, or if VFR con- and above, and— ditions are encountered after the fail- (i) On a magnetic course of zero de- ure, each pilot shall continue the flight under VFR and land as soon as prac- grees through 179 degrees, any flight ticable. level, at 4,000-foot intervals, beginning (c) IFR conditions. If the failure oc- at and including flight level 290 (such curs in IFR conditions, or if paragraph as flight level 290, 330, or 370); or (b) of this section cannot be complied (ii) On a magnetic course of 180 de- with, each pilot shall continue the grees through 359 degrees, any flight flight according to the following: level, at 4,000-foot intervals, beginning (1) Route. (i) By the route assigned in at and including flight level 310 (such the last ATC clearance received; as flight level 310, 350, or 390). (ii) If being radar vectored, by the direct route from the point of radio fail- § 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 clearance; or (a) On a Federal airway, along the (iv) In the absence of an assigned centerline of that airway. route or a route that ATC has advised (b) On any other route, along the di- may be expected in a further clearance, rect course between the navigational by the route filed in the flight plan. aids or fixes defining that route. How- (2) Altitude. At the highest of the fol- ever, this section does not prohibit ma- lowing altitudes or flight levels for the neuvering the aircraft to pass well route segment being flown: clear of other air traffic or the maneu- (i) The altitude or flight level as- vering of the aircraft in VFR condi- signed in the last ATC clearance re- tions to clear the intended flight path ceived; both before and during climb or de- (ii) The minimum altitude (con- scent. verted, if appropriate, to minimum

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flight level as prescribed in § 91.121(c)) propriate authorizations and ratings for IFR operations; or prescribed in § 61.3 of this chapter; (iii) The altitude or flight level ATC (2) Each flight crewmember has ade- has advised may be expected in a fur- quate knowledge of, and familiarity ther clearance. with, the aircraft and the procedures to (3) Leave clearance limit. (i) When the be used; and clearance limit is a fix from which an (3) The instrument panel in front of approach begins, commence descent or the pilot who is controlling the aircraft descent and approach as close as pos- has appropriate instrumentation for sible to the expect-further-clearance the type of flight control guidance sys- time if one has been received, or if one tem that is being used. has not been received, as close as pos- (b) Unless otherwise authorized by sible to the estimated time of arrival the Administrator, no person may op- as calculated from the filed or amended erate a civil aircraft in a Category II or (with ATC) estimated time en route. Category III operation unless each (ii) If the clearance limit is not a fix ground component required for that op- from which an approach begins, leave eration and the related airborne equip- the clearance limit at the expect-fur- ment is installed and operating. ther-clearance time if one has been re- (c) Authorized DH. For the purpose of ceived, or if none has been received, this section, when the approach proce- upon arrival over the clearance limit, dure being used provides for and re- and proceed to a fix from which an ap- quires the use of a DH, the authorized proach begins and commence descent DH is the highest of the following: or descent and approach as close as (1) The DH prescribed by the ap- possible to the estimated time of ar- proach procedure. rival as calculated from the filed or (2) The DH prescribed for the pilot in amended (with ATC) estimated time en command. route. (3) The DH for which the aircraft is [Doc. No. 18334, 54 FR 34294, Aug. 18, 1989; equipped. Amdt. 91–211, 54 FR 41211, Oct. 5, 1989] (d) Unless otherwise authorized by the Administrator, no pilot operating § 91.187 Operation under IFR in con- an aircraft in a Category II or Category trolled airspace: Malfunction re- III approach that provides and requires ports. use of a DH may continue the approach (a) The pilot in command of each air- below the authorized decision height craft operated in controlled airspace unless the following conditions are under IFR shall report as soon as prac- met: tical to ATC any malfunctions of navi- (1) The aircraft is in a position from gational, approach, or communication which a descent to a landing on the in- equipment occurring in flight. tended runway can be made at a nor- (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.

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(v) The touchdown zone or touch- tificate issued under part 121 or part down zone markings. 135 of this chapter. (vi) The touchdown zone lights. [Doc. No. 26933, 61 FR 34560, July 2, 1996] (e) Unless otherwise authorized by the Administrator, each pilot oper- § 91.193 Certificate of authorization ating an aircraft shall immediately for certain Category II operations. execute an appropriate missed approach whenever, prior to touchdown, The Administrator may issue a cer- the requirements of paragraph (d) of tificate of authorization authorizing this section are not met. deviations from the requirements of (f) No person operating an aircraft §§ 91.189, 91.191, and 91.205(f) for the op- using a Category III approach without eration of small aircraft identified as decision height may land that aircraft Category A aircraft in § 97.3 of this except in accordance with the provi- chapter in Category II operations if the sions of the letter of authorization Administrator finds that the proposed issued by the Administrator. operation can be safely conducted (g) Paragraphs (a) through (f) of this under the terms of the certificate. section do not apply to operations con- Such authorization does not permit op- ducted by the holders of certificates eration of the aircraft carrying persons issued under part 121, 125, 129, or 135 of or property for compensation or hire. this chapter. No person may operate a §§ 91.195–91.199 [Reserved] civil aircraft in a Category II or Cat- egory III operation conducted by the holder of a certificate issued under part Subpart C—Equipment, Instru- 121, 125, 129, or 135 of this chapter un- ment, and Certificate Re- less the operation is conducted in ac- quirements cordance with that certificate holder’s operations specifications. SOURCE: Docket No. 18334, 54 FR 34304, Aug. 18, 1989, unless otherwise noted. § 91.191 Category II and Category III manual. § 91.201 [Reserved] (a) Except as provided in paragraph (c) of this section, after August 4, 1997, § 91.203 Civil aircraft: Certifications no person may operate a U.S.-reg- required. istered civil aircraft in a Category II or (a) Except as provided in § 91.715, no a Category III operation unless— person may operate a civil aircraft un- (1) There is available in the aircraft a less it has within it the following: current and approved Category II or (1) An appropriate and current air- Category III manual, as appropriate, worthiness certificate. Each U.S. air- for that aircraft; worthiness certificate used to comply (2) The operation is conducted in ac- with this subparagraph (except a spe- cordance with the procedures, instruc- cial flight permit, a copy of the appli- tions, and limitations in the appro- cable operations specifications issued priate manual; and under § 21.197(c) of this chapter, appro- (3) The instruments and equipment priate sections of the air carrier man- listed in the manual that are required ual required by parts 121 and 135 of this for a particular Category II or Cat- chapter containing that portion of the egory III operation have been inspected operations specifications issued under and maintained in accordance with the § 21.197(c), or an authorization under maintenance program contained in the § 91.611) must have on it the registra- manual. tion number assigned to the aircraft (b) Each operator must keep a cur- under part 47 of this chapter. However, rent copy of each approved manual at the airworthiness certificate need not its principal base of operations and have on it an assigned special identi- must make each manual available for fication number before 10 days after inspection upon request by the Admin- that number is first affixed to the air- istrator. craft. A revised airworthiness certifi- (c) This section does not apply to op- cate having on it an assigned special erations conducted by a holder of a cer- identification number, that has been

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affixed to an aircraft, may only be ob- (4) Tachometer for each engine. tained upon application to an FAA (5) Oil pressure gauge for each engine Flight Standards district office. using pressure system. (2) An effective U.S. registration cer- (6) Temperature gauge for each liq- tificate issued to its owner or, for oper- uid-cooled engine. ation within the United States, the (7) Oil temperature gauge for each second duplicate copy (pink) of the Air- air-cooled engine. craft Registration Application as pro- (8) Manifold pressure gauge for each vided for in § 47.31(b), or a registration altitude engine. certificate issued under the laws of a (9) Fuel gauge indicating the quan- foreign country. tity of fuel in each tank. (b) No person may operate a civil air- (10) Landing gear position indicator, craft unless the airworthiness certifi- if the aircraft has a retractable landing cate required by paragraph (a) of this gear. section or a special flight authoriza- (11) For small civil airplanes certifi- tion issued under § 91.715 is displayed at cated after March 11, 1996, in accord- the cabin or cockpit entrance so that it ance with part 23 of this chapter, an is legible to passengers or crew. approved aviation red or aviation white (c) No person may operate an aircraft anticollision light system. In the event with a fuel tank installed within the of failure of any light of the anti- passenger compartment or a baggage collision light system, operation of the compartment unless the installation aircraft may continue to a location was accomplished pursuant to part 43 where repairs or replacement can be of this chapter, and a copy of FAA made. Form 337 authorizing that installation (12) If the aircraft is operated for hire is on board the aircraft. over water and beyond power-off glid- (d) No person may operate a civil air- ing distance from shore, approved flo- plane (domestic or foreign) into or out tation gear readily available to each of an airport in the United States un- occupant and at least one pyrotechnic less it complies with the fuel venting signaling device. As used in this sec- and exhaust emissions requirements of tion, ‘‘shore’’ means that area of the part 34 of this chapter. land adjacent to the water which is above the high water mark and ex- [Doc. No. 18334, 54 FR 34292, Aug. 18, 1989, as amended by Amdt. 91–218, 55 FR 32861, Aug. cludes land areas which are intermit- 10, 1990] tently under water. (13) An approved safety belt with an § 91.205 Powered civil aircraft with approved metal-to-metal latching de- standard category U.S. airworthi- vice for each occupant 2 years of age or ness certificates: Instrument and older. equipment requirements. (14) For small civil airplanes manu- (a) General. Except as provided in factured after July 18, 1978, an ap- paragraphs (c)(3) and (e) of this section, proved shoulder harness for each front no person may operate a powered civil seat. The shoulder harness must be de- aircraft with a standard category U.S. signed to protect the occupant from se- airworthiness certificate in any oper- rious head injury when the occupant ation described in paragraphs (b) experiences the ultimate inertia forces through (f) of this section unless that specified in § 23.561(b)(2) of this chapter. aircraft contains the instruments and Each shoulder harness installed at a equipment specified in those para- flight crewmember station must per- graphs (or FAA-approved equivalents) mit the crewmember, when seated and for that type of operation, and those with the safety belt and shoulder har- instruments and items of equipment ness fastened, to perform all functions are in operable condition. necessary for flight operations. For (b) Visual-flight rules (day). For VFR purposes of this paragraph— flight during the day, the following in- (i) The date of manufacture of an air- struments and equipment are required: plane is the date the inspection accept- (1) Airspeed indicator. ance records reflect that the airplane is (2) Altimeter. complete and meets the FAA-approved (3) Magnetic direction indicator. type design data; and

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(ii) A front seat is a seat located at a equipment specified in paragraph (c) of flight crewmember station or any seat this section. located alongside such a seat. (2) Two-way radio communications (15) An emergency locator trans- system and navigational equipment ap- mitter, if required by § 91.207. propriate to the ground facilities to be (16) For normal, utility, and acro- used. batic category airplanes with a seating (3) Gyroscopic rate-of-turn indicator, configuration, excluding pilot seats, of except on the following aircraft: 9 or less, manufactured after December (i) Airplanes with a third attitude in- 12, 1986, a shoulder harness for— strument system usable through flight (i) Each front seat that meets the re- attitudes of 360 degrees of pitch and quirements of § 23.785 (g) and (h) of this roll and installed in accordance with chapter in effect on December 12, 1985; the instrument requirements pre- (ii) Each additional seat that meets scribed in § 121.305(j) of this chapter; the requirements of § 23.785(g) of this and chapter in effect on December 12, 1985. (ii) Rotorcraft with a third attitude (17) For rotorcraft manufactured instrument system usable through after September 16, 1992, a shoulder flight attitudes of ±80 degrees of pitch harness for each seat that meets the ± requirements of § 27.2 or § 29.2 of this and 120 degrees of roll and installed in chapter in effect on September 16, 1991. accordance with § 29.1303(g) of this (c) Visual flight rules (night). For VFR chapter. flight at night, the following instru- (4) Slip-skid indicator. ments and equipment are required: (5) Sensitive altimeter adjustable for (1) Instruments and equipment speci- barometric pressure. fied in paragraph (b) of this section. (6) A clock displaying hours, min- (2) Approved position lights. utes, and seconds with a sweep-second (3) An approved aviation red or avia- pointer or digital presentation. tion white anticollision light system (7) Generator or alternator of ade- on all U.S.-registered civil aircraft. quate capacity. Anticollision light systems initially in- (8) Gyroscopic pitch and bank indi- stalled after August 11, 1971, on aircraft cator (artificial horizon). for which a type certificate was issued (9) Gyroscopic direction indicator (di- or applied for before August 11, 1971, rectional gyro or equivalent). must at least meet the anticollision (e) Flight at and above 24,000 ft. MSL light standards of part 23, 25, 27, or 29 (FL 240). If VOR navigational equip- of this chapter, as applicable, that were ment is required under paragraph (d)(2) in effect on August 10, 1971, except that of this section, no person may operate the color may be either aviation red or a U.S.-registered civil aircraft within aviation white. In the event of failure the 50 states and the District of Colum- of any light of the anticollision light bia at or above FL 240 unless that air- system, operations with the aircraft may be continued to a stop where re- craft is equipped with approved dis- pairs or replacement can be made. tance measuring equipment (DME). (4) If the aircraft is operated for hire, When DME required by this paragraph one electric landing light. fails at and above FL 240, the pilot in (5) An adequate source of electrical command of the aircraft shall notify energy for all installed electrical and ATC immediately, and then may con- radio equipment. tinue operations at and above FL 240 to (6) One spare set of fuses, or three the next airport of intended landing at spare fuses of each kind required, that which repairs or replacement of the are accessible to the pilot in flight. equipment can be made. (d) Instrument flight rules. For IFR (f) Category II operations. The require- flight, the following instruments and ments for Category II operations are equipment are required: the instruments and equipment speci- (1) Instruments and equipment specified in— fied in paragraph (b) of this section, (1) Paragraph (d) of this section; and and, for night flight, instruments and (2) Appendix A to this part.

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(g) Category III operations. The instru- (c) Batteries used in the emergency ments and equipment required for Cat- locator transmitters required by para- egory III operations are specified in graphs (a) and (b) of this section must paragraph (d) of this section. be replaced (or recharged, if the bat- (h) Exclusions. Paragraphs (f) and (g) teries are rechargeable)— of this section do not apply to oper- (1) When the transmitter has been in ations conducted by a holder of a cer- use for more than 1 cumulative hour; tificate issued under part 121 or part or 135 of this chapter. (2) When 50 percent of their useful life (or, for rechargeable batteries, 50 [Doc. No. 18334, 54 FR 34292, Aug. 18, 1989, as percent of their useful life of charge) amended by Amdt. 91–220, 55 FR 43310, Oct. has expired, as established by the 26, 1990; Amdt. 91–223, 56 FR 41052, Aug. 16, transmitter manufacturer under its ap- 1991; Amdt. 91–231, 57 FR 42672, Sept. 15, 1992; proval. Amdt. 91–248, 61 FR 5171, Feb. 9, 1996; Amdt. 91–251, 61 FR 34560, July 2, 1996] The new expiration date for replacing (or recharging) the battery must be § 91.207 Emergency locator transmit- legibly marked on the outside of the ters. transmitter and entered in the aircraft (a) Except as provided in paragraphs maintenance record. Paragraph (c)(2) (e) and (f) of this section, no person of this section does not apply to bat- may operate a U.S.-registered civil air- teries (such as water-activated bat- plane unless— teries) that are essentially unaffected (1) There is attached to the airplane during probable storage intervals. (d) Each emergency locator trans- an approved automatic type emergency mitter required by paragraph (a) of this locator transmitter that is in operable section must be inspected within 12 condition for the following operations, calendar months after the last inspec- except that after June 21, 1995, an tion for— emergency locator transmitter that (1) Proper installation; meets the requirements of TSO-C91 (2) Battery corrosion; may not be used for new installations: (3) Operation of the controls and (i) Those operations governed by the crash sensor; and supplemental air carrier and commer- (4) The presence of a sufficient signal cial operator rules of parts 121 and 125; radiated from its antenna. (ii) Charter flights governed by the (e) Notwithstanding paragraph (a) of domestic and flag air carrier rules of this section, a person may— part 121 of this chapter; and (1) Ferry a newly acquired airplane (iii) Operations governed by part 135 from the place where possession of it of this chapter; or was taken to a place where the emer- (2) For operations other than those gency locator transmitter is to be in- specified in paragraph (a)(1) of this sec- stalled; and tion, there must be attached to the air- (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 (3) Aircraft while engaged in training transmitters must be attached to the operations conducted entirely within a airplane as far aft as practicable. 50-nautical mile radius of the airport

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

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(ii) At flight altitudes above flight (4) The aircraft records available to level 350 unless one pilot at the con- the pilot must include an entry de- trols of the airplane is wearing and scribing the inoperable instruments using an oxygen mask that is secured and equipment. and sealed and that either supplies ox- (5) The aircraft is operated under all ygen at all times or automatically sup- applicable conditions and limitations plies oxygen whenever the cabin pres- contained in the Minimum Equipment sure altitude of the airplane exceeds List and the letter authorizing the use 14,000 feet (MSL), except that the one of the list. pilot need not wear and use an oxygen (b) The following instruments and mask while at or below flight level 410 equipment may not be included in a if there are two pilots at the controls Minimum Equipment List: and each pilot has a quick-donning (1) Instruments and equipment that type of oxygen mask that can be placed are either specifically or otherwise re- on the face with one hand from the quired by the airworthiness require- ready position within 5 seconds, sup- ments under which the aircraft is type plying oxygen and properly secured and certificated and which are essential for sealed. safe operations under all operating (2) Notwithstanding paragraph conditions. (b)(1)(ii) of this section, if for any rea- (2) Instruments and equipment re- son at any time it is necessary for one quired by an airworthiness directive to pilot to leave the controls of the air- be in operable condition unless the aircraft when operating at flight altitudes worthiness directive provides other- above flight level 350, the remaining wise. pilot at the controls shall put on and (3) Instruments and equipment re- use an oxygen mask until the other quired for specific operations by this pilot has returned to that crew- part. member’s station. (c) A person authorized to use an approved Minimum Equipment List § 91.213 Inoperative instruments and issued for a specific aircraft under part equipment. 121, 125, or 135 of this chapter shall use (a) Except as provided in paragraph that Minimum Equipment List in con- (d) of this section, no person may take nection with operations conducted off an aircraft with inoperative instru- with that aircraft under this part with- ments or equipment installed unless out additional approval requirements. the following conditions are met: (d) Except for operations conducted (1) An approved Minimum Equipment in accordance with paragraph (a) or (c) List exists for that aircraft. of this section, a person may takeoff an (2) The aircraft has within it a letter aircraft in operations conducted under of authorization, issued by the FAA this part with inoperative instruments Flight Standards district office having and equipment without an approved jurisdiction over the area in which the Minimum Equipment List provided— operator is located, authorizing oper- (1) The flight operation is conducted ation of the aircraft under the Min- in a— imum Equipment List. The letter of (i) Rotorcraft, nonturbine-powered authorization may be obtained by writ- airplane, glider, or lighter-than-air air- ten request of the airworthiness certifi- craft for which a master Minimum cate holder. The Minimum Equipment Equipment List has not been devel- List and the letter of authorization oped; or constitute a supplemental type certifi- (ii) Small rotorcraft, nonturbine- cate for the aircraft. powered small airplane, glider, or (3) The approved Minimum Equip- lighter-than-air aircraft for which a ment List must— Master Minimum Equipment List has (i) Be prepared in accordance with been developed; and the limitations specified in paragraph (2) The inoperative instruments and (b) of this section; and equipment are not— (ii) Provide for the operation of the (i) Part of the VFR-day type certifi- aircraft with the instruments and cation instruments and equipment pre- equipment in an inoperable condition. scribed in the applicable airworthiness

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regulations under which the aircraft (b) All airspace. Unless otherwise au- was type certificated; thorized or directed by ATC, no person (ii) Indicated as required on the air- may operate an aircraft in the airspace craft’s equipment list, or on the Kinds described in paragraphs (b)(1) through of Operations Equipment List for the (b)(5) of this section, unless that air- kind of flight operation being con- craft is equipped with an operable ducted; coded radar beacon transponder having (iii) Required by § 91.205 or any other either Mode 3/A 4096 code capability, rule of this part for the specific kind of replying to Mode 3/A interrogations flight operation being conducted; or with the code specified by ATC, or a (iv) Required to be operational by an Mode S capability, replying to Mode 3/ airworthiness directive; and A interrogations with the code speci- (3) The inoperative instruments and fied by ATC and intermode and Mode S equipment are— interrogations in accordance with the applicable provisions specified in TSO (i) Removed from the aircraft, the C–112, and that aircraft is equipped cockpit control placarded, and the with automatic pressure altitude re- maintenance recorded in accordance porting equipment having a Mode C ca- with § 43.9 of this chapter; or pability that automatically replies to (ii) Deactivated and placarded ‘‘In- Mode C interrogations by transmitting operative.’’ If deactivation of the inop- pressure altitude information in 100- erative instrument or equipment in- foot increments. This requirement ap- volves maintenance, it must be accom- plies— plished and recorded in accordance (1) All aircraft. In Class A, Class B, with part 43 of this chapter; and and Class C airspace areas; (4) A determination is made by a (2) All aircraft. In all airspace within pilot, who is certificated and appro- 30 nautical miles of an airport listed in priately rated under part 61 of this appendix D, section 1 of this part from chapter, or by a person, who is certifi- the surface upward to 10,000 feet MSL; cated and appropriately rated to per- (3) Notwithstanding paragraph (b)(2) form maintenance on the aircraft, that of this section, any aircraft which was the inoperative instrument or equip- not originally certificated with an en- ment does not constitute a hazard to gine-driven electrical system or which the aircraft. has not subsequently been certified An aircraft with inoperative instru- with such a system installed, balloon ments or equipment as provided in or glider may conduct operations in paragraph (d) of this section is consid- the airspace within 30 nautical miles of ered to be in a properly altered condi- an airport listed in appendix D, section tion acceptable to the Administrator. 1 of this part provided such operations (e) Notwithstanding any other provi- are conducted— sion of this section, an aircraft with in- (i) Outside any Class A, Class B, or operable instruments or equipment Class C airspace area; and may be operated under a special flight (ii) Below the altitude of the ceiling permit issued in accordance with of a Class B or Class C airspace area §§ 21.197 and 21.199 of this chapter. designated for an airport or 10,000 feet MSL, whichever is lower; and § 91.215 ATC transponder and altitude (4) All aircraft in all airspace above reporting equipment and use. the ceiling and within the lateral (a) All airspace: U.S.-registered civil boundaries of a Class B or Class C air- aircraft. For operations not conducted space area designated for an airport up- under part 121 or 135 of this chapter, ward to 10,000 feet MSL; and ATC transponder equipment installed (5) All aircraft except any aircraft must meet the performance and envi- which was not originally certificated ronmental requirements of any class of with an engine-driven electrical sys- TSO–C74b (Mode A) or any class of tem or which has not subsequently TSO–C74c (Mode A with altitude re- been certified with such a system in- porting capability) as appropriate, or stalled, balloon, or glider—— the appropriate class of TSO–C112 (i) In all airspace of the 48 contiguous (Mode S). states and the District of Columbia at

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and above 10,000 feet MSL, excluding § 91.217 Data correspondence between the airspace at and below 2,500 feet automatically reported pressure al- above the surface; and titude data and the pilot’s altitude (ii) In the airspace from the surface reference. to 10,000 feet MSL within a 10-nautical- No person may operate any auto- mile radius of any airport listed in ap- matic pressure altitude reporting pendix D, section 2 of this part, exclud- equipment associated with a radar bea- ing the airspace below 1,200 feet outside con transponder— of the lateral boundaries of the surface (a) When deactivation of that equip- area of the airspace designated for that ment is directed by ATC; airport. (b) Unless, as installed, that equip- (c) Transponder-on operation. While in ment was tested and calibrated to the airspace as specified in paragraph transmit altitude data corresponding (b) of this section or in all controlled within 125 feet (on a 95 percent prob- airspace, each person operating an air- ability basis) of the indicated or cali- craft equipped with an operable ATC brated datum of the altimeter normally used to maintain flight altitude, transponder maintained in accordance with that altimeter referenced to 29.92 with § 91.413 of this part shall operate inches of mercury for altitudes from the transponder, including Mode C sea level to the maximum operating al- equipment if installed, and shall reply titude of the aircraft; or on the appropriate code or as assigned (c) Unless the altimeters and by ATC. digitizers in that equipment meet the (d) ATC authorized deviations. Re- standards of TSO–C10b and TSO–C88, quests for ATC authorized deviations respectively. must be made to the ATC facility having jurisdiction over the concerned air- § 91.219 Altitude alerting system or de- space within the time periods specified vice: Turbojet-powered civil air- as follows: planes. (1) For operation of an aircraft with (a) Except as provided in paragraph an operating transponder but without (d) of this section, no person may oper- operating automatic pressure altitude ate a turbojet-powered U.S.-registered reporting equipment having a Mode C civil airplane unless that airplane is capability, the request may be made at equipped with an approved altitude any time. alerting system or device that is in op- (2) For operation of an aircraft with erable condition and meets the require- an inoperative transponder to the air- ments of paragraph (b) of this section. port of ultimate destination, including (b) Each altitude alerting system or any intermediate stops, or to proceed device required by paragraph (a) of this to a place where suitable repairs can be section must be able to— made or both, the request may be made (1) Alert the pilot— at any time. (i) Upon approaching a preselected (3) For operation of an aircraft that altitude in either ascent or descent, by is not equipped with a transponder, the a sequence of both aural and visual signals in sufficient time to establish request must be made at least one hour level flight at that preselected alti- before the proposed operation. tude; or (Approved by the Office of Management and (ii) Upon approaching a preselected Budget under control number 2120–0005) altitude in either ascent or descent, by [Doc. No. 18334, 54 FR 34304, Aug. 18, 1989, as a sequence of visual signals in suffi- amended by Amdt. 91–221, 56 FR 469, Jan. 4, cient time to establish level flight at 1991; Amdt. 91–227, 56 FR 65660, Dec. 17, 1991; that preselected altitude, and when de- Amdt. 91–227, 7 FR 328, Jan. 3, 1992; Amdt. 91– viating above and below that 229, 57 FR 34618, Aug. 5, 1992; Amdt. 91–267, 66 preselected altitude, by an aural sig- FR 21066, Apr. 27, 2001] nal;

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

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(1) Parachuting operations when con- aircraft unless it is an approved type ducted entirely within a 50 nautical and— mile radius of the airport from which (1) If a chair type (canopy in back), it such local flight operations began. has been packed by a certificated and (2) Firefighting operations. appropriately rated parachute rigger (3) Flight operations when incident within the preceding 120 days; or to the aerial application of chemicals (2) If any other type, it has been and other substances. packed by a certificated and appro- [Doc. No. 29312, 65 FR 16755, Mar. 29, 2000] priately rated parachute rigger— (i) Within the preceding 120 days, if §§ 91.224–91.299 [Reserved] its canopy, shrouds, and harness are composed exclusively of nylon, rayon, Subpart D—Special Flight or other similar synthetic fiber or ma- Operations terials that are substantially resistant to damage from mold, mildew, or other fungi and other rotting agents propa- SOURCE: Docket No. 18334, 54 FR 34308, Aug. 18, 1989, unless otherwise noted. gated in a moist environment; or (ii) Within the preceding 60 days, if § 91.301 [Reserved] any part of the parachute is composed of silk, pongee, or other natural fiber, § 91.303 Aerobatic flight. or materials not specified in paragraph No person may operate an aircraft in (a)(2)(i) of this section. aerobatic flight— (b) Except in an emergency, no pilot (a) Over any congested area of a city, in command may allow, and no person town, or settlement; may conduct, a parachute operation (b) Over an open air assembly of per- from an aircraft within the United sons; States except in accordance with part (c) Within the lateral boundaries of 105 of this chapter. the surface areas of Class B, Class C, (c) Unless each occupant of the air- Class D, or Class E airspace designated craft is wearing an approved parachute, for an airport; no pilot of a civil aircraft carrying any (d) Within 4 nautical miles of the person (other than a crewmember) may center line of any Federal airway; execute any intentional maneuver that (e) Below an altitude of 1,500 feet exceeds— above the surface; or (1) A bank of 60 degrees relative to (f) When flight visibility is less than the horizon; or 3 statute miles. (2) A nose-up or nose-down attitude For the purposes of this section, aero- of 30 degrees relative to the horizon. batic flight means an intentional ma- (d) Paragraph (c) of this section does neuver involving an abrupt change in not apply to— an aircraft’s attitude, an abnormal at- (1) Flight tests for pilot certification titude, or abnormal acceleration, not or rating; or necessary for normal flight. (2) Spins and other flight maneuvers [Doc. No. 18834, 54 FR 34308, Aug. 18, 1989, as required by the regulations for any cer- amended by Amdt. 91–227, 56 FR 65661, Dec. tificate or rating when given by— 17, 1991] (i) A certificated flight instructor; or (ii) An airline transport pilot in- § 91.305 Flight test areas. structing in accordance with § 61.67 of No person may flight test an aircraft this chapter. except over open water, or sparsely (e) For the purposes of this section, populated areas, having light air traf- approved parachute means— fic. (1) A parachute manufactured under a type certificate or a technical stand- § 91.307 Parachutes and parachuting. ard order (C–23 series); or (a) No pilot of a civil aircraft may (2) A personnel-carrying military allow a parachute that is available for parachute identified by an NAF, AAF, emergency use to be carried in that or AN drawing number, an AAF order

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number, or any other military designa- and release signals, airspeeds, and tion or specification number. emergency procedures for each pilot. [Doc. No. 18334, 54 FR 34308, Aug. 18, 1989, as (b) No pilot of a civil aircraft may in- amended by Amdt. 91–255, 62 FR 68137, Dec. tentionally release a towline, after re- 30, 1997; Amdt. 91–268, 66 FR 23553, May 9, lease of a glider, in a manner that en- 2001] dangers the life or property of another. § 91.309 Towing: Gliders. [Doc. No. 18834, 54 FR 34308, Aug. 18, 1989, as amended by Amdt. 91–227, 56 FR 65661, Dec. (a) No person may operate a civil air- 17, 1991] craft towing a glider unless— (1) The pilot in command of the tow- § 91.311 Towing: Other than under ing aircraft is qualified under § 61.69 of § 91.309. this chapter; (2) The towing aircraft is equipped No pilot of a civil aircraft may tow with a tow-hitch of a kind, and in- anything with that aircraft (other than stalled in a manner, that is approved under § 91.309) except in accordance by the Administrator; with the terms of a certificate of waiv- (3) The towline used has breaking er issued by the Administrator. strength not less than 80 percent of the maximum certificated operating § 91.313 Restricted category civil air- weight of the glider and not more than craft: Operating limitations. twice this operating weight. However, (a) No person may operate a re- the towline used may have a breaking stricted category civil aircraft— strength more than twice the max- (1) For other than the special purpose imum certificated operating weight of for which it is certificated; or the glider if— (2) In an operation other than one (i) A safety link is installed at the necessary to accomplish the work ac- point of attachment of the towline to tivity directly associated with that the glider with a breaking strength not special purpose. less than 80 percent of the maximum (b) For the purpose of paragraph (a) certificated operating weight of the of this section, operating a restricted glider and not greater than twice this category civil aircraft to provide flight operating weight. crewmember training in a special pur- (ii) A safety link is installed at the pose operation for which the aircraft is point of attachment of the towline to certificated is considered to be an oper- the towing aircraft with a breaking ation for that special purpose. strength greater, but not more than 25 (c) No person may operate a re- percent greater, than that of the safety stricted category civil aircraft car- link at the towed glider end of the tow- rying persons or property for com- line and not greater than twice the pensation or hire. For the purposes of maximum certificated operating this paragraph, a special purpose oper- weight of the glider; (4) Before conducting any towing op- ation involving the carriage of persons eration within the lateral boundaries or material necessary to accomplish of the surface areas of Class B, Class C, that operation, such as crop dusting, Class D, or Class E airspace designated seeding, spraying, and banner towing for an airport, or before making each (including the carrying of required per- towing flight within such controlled sons or material to the location of that airspace if required by ATC, the pilot operation), and operation for the pur- in command notifies the control tower. pose of providing flight crewmember If a control tower does not exist or is training in a special purpose operation, not in operation, the pilot in command are not considered to be the carriage of must notify the FAA flight service sta- persons or property for compensation tion serving that controlled airspace or hire. before conducting any towing oper- (d) No person may be carried on a re- ations in that airspace; and stricted category civil aircraft unless (5) The pilots of the towing aircraft that person— and the glider have agreed upon a gen- (1) Is a flight crewmember; eral course of action, including takeoff (2) Is a flight crewmember trainee;

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(3) Performs an essential function in less that person is eligible for a provi- connection with a special purpose oper- sional airworthiness certificate under ation for which the aircraft is certifi- § 21.213 of this chapter. cated; or (b) No person may operate a provi- (4) Is necessary to accomplish the sionally certificated civil aircraft out- work activity directly associated with side the United States unless that per- that special purpose. son has specific authority to do so from (e) Except when operating in accord- the Administrator and each foreign ance with the terms and conditions of country involved. a certificate of waiver or special oper- (c) Unless otherwise authorized by ating limitations issued by the Admin- the Director, Flight Standards Service, istrator, no person may operate a re- no person may operate a provisionally stricted category civil aircraft within certificated civil aircraft in air trans- the United States— portation. (1) Over a densely populated area; (d) Unless otherwise authorized by (2) In a congested airway; or the Administrator, no person may op- (3) Near a busy airport where pas- erate a provisionally certificated civil senger transport operations are con- aircraft except— ducted. (1) In direct conjunction with the (f) This section does not apply to type or supplemental type certification nonpassenger-carrying civil rotorcraft of that aircraft; external-load operations conducted (2) For training flight crews, includ- under part 133 of this chapter. ing simulated air carrier operations; (g) No person may operate a small re- (3) Demonstration flight by the man- stricted-category civil airplane manu- ufacturer for prospective purchasers; factured after July 18, 1978, unless an (4) Market surveys by the manufac- approved shoulder harness is installed turer; for each front seat. The shoulder harness must be designed to protect each (5) Flight checking of instruments, occupant from serious head injury accessories, and equipment that do not when the occupant experiences the ul- affect the basic airworthiness of the timate inertia forces specified in aircraft; or § 23.561(b)(2) of this chapter. The shoul- (6) Service testing of the aircraft. der harness installation at each flight (e) Each person operating a provi- crewmember station must permit the sionally certificated civil aircraft shall crewmember, when seated and with the operate within the prescribed limita- safety belt and shoulder harness fas- tions displayed in the aircraft or set tened, to perform all functions nec- forth in the provisional aircraft flight essary for flight operation. For pur- manual or other appropriate document. poses of this paragraph— However, when operating in direct con- (1) The date of manufacture of an air- junction with the type or supplemental plane is the date the inspection accept- type certification of the aircraft, that ance records reflect that the airplane is person shall operate under the experi- complete and meets the FAA-approved mental aircraft limitations of § 21.191 of type design data; and this chapter and when flight testing, (2) A front seat is a seat located at a shall operate under the requirements of flight crewmember station or any seat § 91.305 of this part. located alongside such a seat. (f) Each person operating a provisionally 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.

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(g) Each person operating a provi- and throughout all the maneuvers to sionally certificated civil aircraft shall be executed; and ensure that each flight crewmember is (2) The aircraft has no hazardous op- properly certificated and has adequate erating characteristics or design fea- knowledge of, and familiarity with, the tures. aircraft and procedures to be used by (c) Unless otherwise authorized by that crewmember. the Administrator in special operating (h) Each person operating a provi- limitations, no person may operate an sionally certificated civil aircraft shall aircraft that has an experimental cer- maintain it as required by applicable tificate over a densely populated area regulations and as may be specially or in a congested airway. The Adminis- prescribed by the Administrator. trator may issue special operating lim- (i) Whenever the manufacturer, or itations for particular aircraft to per- the Administrator, determines that a mit takeoffs and landings to be con- change in design, construction, or oper- ducted over a densely populated area or ation is necessary to ensure safe oper- in a congested airway, in accordance ation, no person may operate a provi- with terms and conditions specified in sionally certificated civil aircraft until the authorization in the interest of that change has been made and ap- safety in air commerce. proved. Section 21.99 of this chapter ap- (d) Each person operating an aircraft plies to operations under this section. that has an experimental certificate (j) Each person operating a provision- shall— ally certificated civil aircraft— (1) Advise each person carried of the (1) May carry in that aircraft only experimental nature of the aircraft; persons who have a proper interest in (2) Operate under VFR, day only, un- the operations allowed by this section less otherwise specifically authorized or who are specifically authorized by by the Administrator; and both the manufacturer and the Admin- (3) Notify the control tower of the ex- istrator; and perimental nature of the aircraft when (2) Shall advise each person carried operating the aircraft into or out of that the aircraft is provisionally cer- airports with operating control towers. tificated. (e) The Administrator may prescribe additional limitations that the Admin- (k) The Administrator may prescribe istrator considers necessary, including additional limitations or procedures limitations on the persons that may be that the Administrator considers nec- carried in the aircraft. essary, including limitations on the number of persons who may be carried (Approved by the Office of Management and in the aircraft. Budget under control number 2120–0005) (Approved by the Office of Management and § 91.321 Carriage of candidates in Fed- Budget under control number 2120–0005) eral elections. [Doc. No. 18334, 54 FR 34308, Aug. 18, 1989, as (a) An aircraft operator, other than amended by Amdt. 91–212, 54 FR 39293, Sept. one operating an aircraft under the 25, 1989] rules of part 121, 125, or 135 of this chapter, may receive payment for the § 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 sion (11 CFR et seq.).

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(b) For the purposes of this section, weight authorized for operations with- the terms candidate and election have in the State of Alaska. the same meaning as that set forth in [Doc. No. 18334, 54 FR 34308, Aug. 18, 1989; the regulations of the Federal Election Amdt. 91–211, 54 FR 41211, Oct. 5, 1989, as Commission. amended by Amdt. 91–253, 62 FR 13253, Mar. 19, 1997] § 91.323 Increased maximum certificated weights for certain airplanes § 91.325 Primary category aircraft: Op- operated in Alaska. erating limitations. (a) Notwithstanding any other provi- (a) No person may operate a primary sion of the Federal Aviation Regula- category aircraft carrying persons or tions, the Administrator will approve, property for compensation or hire. as provided in this section, an increase (b) No person may operate a primary in the maximum certificated weight of category aircraft that is maintained by an airplane type certificated under the pilot-owner under an approved spe- Aeronautics Bulletin No. 7–A of the cial inspection and maintenance pro- U.S. Department of Commerce dated gram except— January 1, 1931, as amended, or under (1) The pilot-owner; or the normal category of part 4a of the (2) A designee of the pilot-owner, pro- former Civil Air Regulations (14 CFR vided that the pilot-owner does not re- part 4a, 1964 ed.) if that airplane is op- ceive compensation for the use of the erated in the State of Alaska by— aircraft. (1) A certificate holder conducting operations under part 121 or part 135 of [Doc. No. 23345, 57 FR 41370, Sept. 9, 1992] this chapter; or (2) The U.S. Department of Interior §§ 91.326–91.399 [Reserved] in conducting its game and fish law enforcement activities or its manage- Subpart E—Maintenance, Preven- ment, fire detection, and fire suppres- tive Maintenance, and Alter- sion activities concerning public lands. ations (b) The maximum certificated weight approved under this section may not SOURCE: Docket No. 18334, 54 FR 34311, Aug. exceed— 18, 1989, unless otherwise noted. (1) 12,500 pounds; (2) 115 percent of the maximum § 91.401 Applicability. weight listed in the FAA aircraft speci- (a) This subpart prescribes rules gov- fications; erning the maintenance, preventive (3) The weight at which the airplane maintenance, and alterations of U.S.- meets the positive maneuvering load registered civil aircraft operating with- factor requirement for the normal cat- in or outside of the United States. egory specified in § 23.337 of this chap- (b) Sections 91.405, 91.409, 91.411, ter; or 91.417, and 91.419 of this subpart do not (4) The weight at which the airplane apply to an aircraft maintained in ac- meets the climb performance require- cordance with a continuous airworthi- ments under which it was type certifi- ness maintenance program as provided cated. in part 121, 129, or § 135.411(a)(2) of this (c) In determining the maximum cer- chapter. tificated weight, the Administrator (c) Sections 91.405 and 91.409 of this considers the structural soundness of part do not apply to an airplane in- the airplane and the terrain to be tra- spected in accordance with part 125 of versed. this chapter. (d) The maximum certificated weight [Doc. No. 18334, 54 FR 34311, Aug. 18, 1989, as determined under this section is added amended by Amdt. 91–267, 66 FR 21066, Apr. to the airplane’s operation limitations 27, 2001] and is identified as the maximum

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§ 91.403 General. § 91.407 Operation after maintenance, (a) The owner or operator of an air- preventive maintenance, rebuilding, or alteration. craft is primarily responsible for maintaining that aircraft in an airworthy (a) No person may operate any air- condition, including compliance with craft that has undergone maintenance, part 39 of this chapter. preventive maintenance, rebuilding, or (b) No person may perform mainte- alteration unless— nance, preventive maintenance, or al- (1) It has been approved for return to terations on an aircraft other than as service by a person authorized under prescribed in this subpart and other ap- § 43.7 of this chapter; and plicable regulations, including part 43 (2) The maintenance record entry re- of this chapter. quired by § 43.9 or § 43.11, as applicable, (c) No person may operate an aircraft of this chapter has been made. for which a manufacturer’s mainte- (b) No person may carry any person nance manual or instructions for con- (other than crewmembers) in an air- tinued airworthiness has been issued craft that has been maintained, re- that contains an airworthiness limita- built, or altered in a manner that may tions section unless the mandatory re- have appreciably changed its flight placement times, inspection intervals, characteristics or substantially af- and related procedures specified in that fected its operation in flight until an section or alternative inspection inter- appropriately rated pilot with at least vals and related procedures set forth in a private pilot certificate flies the air- an operations specification approved craft, makes an operational check of by the Administrator under part 121 or the maintenance performed or alter- 135 of this chapter or in accordance ation made, and logs the flight in the with an inspection program approved aircraft records. under § 91.409(e) have been complied (c) The aircraft does not have to be with. flown as required by paragraph (b) of this section if, prior to flight, ground [Doc. No. 18334, 54 FR 34311, Aug. 18, 1989, as tests, inspection, or both show conclu- amended by Amdt. 91–267, 66 FR 21066, Apr. sively that the maintenance, preven- 27, 2001] tive maintenance, rebuilding, or alter- § 91.405 Maintenance required. ation has not appreciably changed the flight characteristics or substantially Each owner or operator of an air- affected the flight operation of the aircraft— craft. (a) Shall have that aircraft inspected as prescribed in subpart E of this part (Approved by the Office of Management and and shall between required inspections, Budget under control number 2120–0005) except as provided in paragraph (c) of § 91.409 Inspections. this section, have discrepancies repaired as prescribed in part 43 of this (a) Except as provided in paragraph chapter; (c) of this section, no person may oper- (b) Shall ensure that maintenance ate an aircraft unless, within the pre- personnel make appropriate entries in ceding 12 calendar months, it has had— the aircraft maintenance records indi- (1) An annual inspection in accord- cating the aircraft has been approved ance with part 43 of this chapter and for return to service; has been approved for return to service (c) Shall have any inoperative instru- by a person authorized by § 43.7 of this ment or item of equipment, permitted chapter; or 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

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‘‘annual’’ inspection in the required (2) A current inspection procedures maintenance records. manual available and readily under- (b) Except as provided in paragraph standable to pilot and maintenance (c) of this section, no person may oper- personnel containing, in detail— ate an aircraft carrying any person (i) An explanation of the progressive (other than a crewmember) for hire, inspection, including the continuity of and no person may give flight instruc- inspection responsibility, the making tion for hire in an aircraft which that of reports, and the keeping of records person provides, unless within the pre- and technical reference material; ceding 100 hours of time in service the (ii) An inspection schedule, speci- aircraft has received an annual or 100- fying the intervals in hours or days hour inspection and been approved for when routine and detailed inspections return to service in accordance with will be performed and including in- part 43 of this chapter or has received structions for exceeding an inspection an inspection for the issuance of an air- interval by not more than 10 hours worthiness certificate in accordance while en route and for changing an in- with part 21 of this chapter. The 100- spection interval because of service ex- hour limitation may be exceeded by perience; not more than 10 hours while en route (iii) Sample routine and detailed in- to reach a place where the inspection spection forms and instructions for can be done. The excess time used to their use; and reach a place where the inspection can (iv) Sample reports and records and be done must be included in computing instructions for their use; the next 100 hours of time in service. (3) Enough housing and equipment (c) Paragraphs (a) and (b) of this sec- for necessary disassembly and proper tion do not apply to— inspection of the aircraft; and (1) An aircraft that carries a special (4) Appropriate current technical in- flight permit, a current experimental formation for the aircraft. certificate, or a provisional airworthi- The frequency and detail of the pro- ness certificate; gressive inspection shall provide for (2) An aircraft inspected in accord- the complete inspection of the aircraft ance with an approved aircraft inspec- within each 12 calendar months and be tion program under part 125 or 135 of consistent with the manufacturer’s this chapter and so identified by the recommendations, field service experi- registration number in the operations ence, and the kind of operation in specifications of the certificate holder which the aircraft is engaged. The pro- having the approved inspection progressive inspection schedule must en- gram; sure that the aircraft, at all times, will (3) An aircraft subject to the require- be airworthy and will conform to all ments of paragraph (d) or (e) of this applicable FAA aircraft specifications, section; or type certificate data sheets, airworthi- (4) Turbine-powered rotorcraft when ness directives, and other approved the operator elects to inspect that data. If the progressive inspection is rotorcraft in accordance with para- discontinued, the owneror operator graph (e) of this section. shall immediately notify the local FAA (d) Progressive inspection. Each reg- Flight Standards district office, in istered owner or operator of an aircraft writing, of the discontinuance. After desiring to use a progressive inspection the discontinuance, the first annual in- program must submit a written request spection under § 91.409(a)(1) is due with- to the FAA Flight Standards district in 12 calendar months after the last 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

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components in accordance with the (3) A current inspection program rec- progressive inspection. A routine in- ommended by the manufacturer. spection of the aircraft and a detailed (4) Any other inspection program es- inspection of several components is not tablished by the registered owner or considered to be a complete inspection. operator of that airplane or turbine- (e) Large airplanes (to which part 125 is powered rotorcraft and approved by the not applicable), turbojet multiengine air- Administrator under paragraph (g) of planes, turbopropeller-powered multien- this section. However, the Adminis- gine airplanes, and turbine-powered trator may require revision of this in- rotorcraft. No person may operate a spection program in accordance with large airplane, turbojet multiengine the provisions of § 91.415. airplane, turbopropeller-powered mul- Each operator shall include in the se- tiengine airplane, or turbine-powered rotorcraft unless the replacement lected program the name and address times for life-limited parts specified in of the person responsible for scheduling the aircraft specifications, type data the inspections required by the pro- sheets, or other documents approved by gram and make a copy of that program the Administrator are complied with available to the person performing in- and the airplane or turbine-powered spections on the aircraft and, upon re- rotorcraft, including the airframe, en- quest, to the Administrator. gines, propellers, rotors, appliances, (g) Inspection program approved under survival equipment, and emergency paragraph (e) of this section. Each oper- equipment, is inspected in accordance ator of an airplane or turbine-powered with an inspection program selected rotorcraft desiring to establish or under the provisions of paragraph (f) of change an approved inspection program this section, except that, the owner or under paragraph (f)(4) of this section operator of a turbine-powered rotor- must submit the program for approval craft may elect to use the inspection to the local FAA Flight Standards dis- provisions of § 91.409(a), (b), (c), or (d) in trict office having jurisdiction over the lieu of an inspection option of area in which the aircraft is based. The § 91.409(f). program must be in writing and in- (f) Selection of inspection program clude at least the following informa- under paragraph (e) of this section. The tion: registered owner or operator of each (1) Instructions and procedures for airplane or turbine-powered rotorcraft the conduct of inspections for the par- described in paragraph (e) of this sec- ticular make and model airplane or tion must select, identify in the air- turbine-powered rotorcraft, including craft maintenance records, and use one necessary tests and checks. The in- of the following programs for the instructions and procedures must set spection of the aircraft: forth in detail the parts and areas of (1) A continuous airworthiness in- the airframe, engines, propellers, ro- spection program that is part of a con- tors, and appliances, including survival tinuous airworthiness maintenance and emergency equipment required to program currently in use by a person be inspected. holding an air carrier operating certificate or an operating certificate issued (2) A schedule for performing the in- under part 121 or 135 of this chapter and spections that must be performed operating that make and model air- under the program expressed in terms craft under part 121 of this chapter or of the time in service, calendar time, operating that make and model under number of system operations, or any part 135 of this chapter and maintain- combination of these. ing it under § 135.411(a)(2) of this chap- (h) Changes from one inspection pro- ter. gram to another. When an operator (2) An approved aircraft inspection changes from one inspection program program approved under § 135.419 of this under paragraph (f) of this section to chapter and currently in use by a per- another, the time in service, calendar son holding an operating certificate times, or cycles of operation accumu- issued under part 135 of this chapter. lated under the previous program must

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be applied in determining inspection (8) For all models of the McDonnell due times under the new program. Douglas DC–8, the flight cycle imple- (Approved by the Office of Management and mentation time is 30,000 flights. Budget under control number 2120–0005) (9) For all models of the McDonnell [Doc. No. 18334, 54 FR 34311, Aug. 18, 1989; Douglas DC–9/MD–80, the flight cycle Amdt. 91–211, 54 FR 41211, Oct. 5, 1989; Amdt. implementation time is 60,000 flights. 91–267, 66 FR 21066, Apr. 27, 2001] (10) For all models of the McDonnell Douglas DC–10, the flight cycle imple- § 91.410 Special maintenance program mentation time is 30,000 flights. requirements. (11) For all models of the Lockheed (a) No person may operate an Airbus L–1011, the flight cycle implementation Model A300 (excluding the –600 series), time is 27,000 flights. British Aerospace Model BAC 1–11, Boe- (12) For the Fokker F–28 Mark 1000, ing Model, 707, 720, 727, 737 or 747, 2000, 3000, and 4000, the flight cycle im- McDonnell Douglas Model DC–8, DC–9/ plementation time is 60,000 flights. MD–80 or DC–10, Fokker Model F28, or Lockheed Model L–1011 airplane beyond (b) After December 6, 2004, no person applicable flight cycle implementation may operate a turbine-powered trans- time specified below, or May 25, 2001, port category airplane with a type cer- whichever occurs later, unless repair tificate issued after January 1, 1958, assessment guidelines applicable to the and either a maximum type certifi- fuselage pressure boundary (fuselage cated passenger capacity of 30 or more, skin, door skin, and bulkhead webs) or a maximum type certificated pay- that have been approved by the FAA load capacity of 7,500 pounds or more, Aircraft Certification Office (ACO), or unless instructions for maintenance office of the Transport Airplane Direc- and inspection of the fuel tank system torate, having cognizance over the type are incorporated into its inspection certificate for the affected airplane are program. These instructions must ad- incorporated within its inspection pro- dress the actual configuration of the gram: fuel tank systems of each affected air- (1) For the Airbus Model A300 (ex- plane, and must be approved by the cluding the –600 series), the flight cycle FAA Aircraft Certification Office implementation time is: (ACO), or office of the Transport Air- (i) Model B2: 36,000 flights. plane Directorate, having cognizance (ii) Model B4–100 (including Model over the type certificate for the af- B4–2C): 30,000 flights above the window line, and 36,000 flights below the win- fected airplane. Operators must submit dow line. their request through the cognizant (iii) Model B4–200: 25,500 flights above Flight Standards District Office, who the window line, and 34,000 flights may add comments and then send it to below the window line. the manager of the appropriate office. (2) For all models of the British Aero- Thereafter, the approved instructions space BAC 1–11, the flight cycle imple- can be revised only with the approval mentation time is 60,000 flights. of the FAA Aircraft Certification Of- (3) For all models of the Boeing 707, fice (ACO), or office of the Transport the flight cycle implementation time is Airplane Directorate, having cog- 15,000 flights. nizance over the type certificate for (4) For all models of the Boeing 720, the affected airplane. Operators must the flight cycle implementation time is submit their request for revisions 23,000 flights. through the cognizant Flight Stand- (5) For all models of the Boeing 727, ards District Office, who may add com- the flight cycle implementation time is ments and then send it to the manager 45,000 flights. of the appropriate office. (6) For all models of the Boeing 737, the flight cycle implementation time is [Doc. No. 29104, 65 FR 24125, Apr. 25, 2000; 65 60,000 flights. FR 35703, June 5, 2000; 65 FR 50744, Aug. 21, (7) For all models of the Boeing 747, 2000, as amended by Amdt. 91–266, 66 FR the flight cycle implementation time is 23130, May 7, 2001; Amdt. 91–272, 67 FR 72834, 15,000 flights. Dec. 9, 2002]

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§ 91.411 Altimeter system and altitude tested and inspected as of the date of reporting equipment tests and in- their manufacture. spections. (d) No person may operate an air- (a) No person may operate an airplane, or helicopter, in controlled airplane, or helicopter, in controlled airspace under IFR at an altitude above space under IFR unless— the maximum altitude at which all al- (1) Within the preceding 24 calendar timeters and the automatic altitude re- months, each static pressure system, porting system of that airplane, or hel- each altimeter instrument, and each icopter, have been tested. automatic pressure altitude reporting EFFECTIVE DATE NOTE: At 66 FR 41116, Aug. system has been tested and inspected 6, 2001, § 91.411 was amended by removing and found to comply with appendix E paragraph (b)(2)(v), effective Apr. 6, 2003. of part 43 of this chapter; (2) Except for the use of system drain § 91.413 ATC transponder tests and in- and alternate static pressure valves, spections. following any opening and closing of (a) No persons may use an ATC trans- the static pressure system, that system ponder that is specified in 91.215(a), has been tested and inspected and 121.345(c), or § 135.143(c) of this chapter found to comply with paragraph (a), unless, within the preceding 24 cal- appendices E and F, of part 43 of this endar months, the ATC transponder chapter; and has been tested and inspected and (3) Following installation or mainte- found to comply with appendix F of nance on the automatic pressure alti- part 43 of this chapter; and tude reporting system of the ATC (b) Following any installation or transponder where data correspondence maintenance on an ATC transponder error could be introduced, the inte- where data correspondence error could grated system has been tested, in- be introduced, the integrated system spected, and found to comply with has been tested, inspected, and found paragraph (c), appendix E, of part 43 of to comply with paragraph (c), appendix this chapter. E, of part 43 of this chapter. (b) The tests required by paragraph (c) The tests and inspections speci- (a) of this section must be conducted fied in this section must be conducted by— by— (1) The manufacturer of the airplane, or helicopter, on which the tests and (1) A certificated repair station prop- inspections are to be performed; erly equipped to perform those functions and holding— (2) A certificated repair station properly equipped to perform those func- (i) A radio rating, Class III; tions and holding— (ii) A limited radio rating appro- (i) An instrument rating, Class I; priate to the make and model trans- (ii) A limited instrument rating ap- ponder to be tested; propriate to the make and model of ap- (iii) A limited rating appropriate to pliance to be tested; the test to be performed; (iii) A limited rating appropriate to (iv) A limited rating for a manufac- the test to be performed; turer issued for the transponder in ac- (iv) An airframe rating appropriate cordance with § 145.101(b)(4) of this to the airplane, or helicopter, to be chapter; or tested; or (2) A holder of a continuous air- (v) A limited rating for a manufac- worthiness maintenance program as turer issued for the appliance in ac- provided in part 121 or § 135.411(a)(2) of cordance with § 145.101(b)(4) of this this chapter; or chapter; or (3) The manufacturer of the aircraft (3) A certificated mechanic with an on which the transponder to be tested airframe rating (static pressure system is installed, if the transponder was in- tests and inspections only). stalled by that manufacturer. (c) Altimeter and altitude reporting [Doc. No. 18334, 54 FR 34311, Aug. 18, 1989, as equipment approved under Technical amended by Amdt. 91–267, 66 FR 21066, Apr. Standard Orders are considered to be 27, 2001]

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EFFECTIVE DATE NOTE: At 66 FR 41116, Aug. (ii) The current status of life-limited 6, 2001, § 91.413 was amended by removing parts of each airframe, engine, pro- paragraph (c)(1)(iv), effective Apr. 6, 2003. peller, rotor, and appliance. § 91.415 Changes to aircraft inspection (iii) The time since last overhaul of programs. all items installed on the aircraft which are required to be overhauled on (a) Whenever the Administrator finds that revisions to an approved aircraft a specified time basis. inspection program under § 91.409(f)(4) (iv) The current inspection status of are necessary for the continued ade- the aircraft, including the time since quacy of the program, the owner or op- the last inspection required by the in- erator shall, after notification by the spection program under which the air- Administrator, make any changes in craft and its appliances are main- the program found to be necessary by tained. the Administrator. (v) The current status of applicable (b) The owner or operator may peti- airworthiness directives (AD) includ- tion the Administrator to reconsider ing, for each, the method of compli- the notice to make any changes in a ance, the AD number, and revision program in accordance with paragraph date. If the AD involves recurring ac- (a) of this section. tion, the time and date when the next (c) The petition must be filed with action is required. the FAA Flight Standards district of- (vi) Copies of the forms prescribed by fice which requested the change to the § 43.9(a) of this chapter for each major program within 30 days after the cer- alteration to the airframe and cur- tificate holder receives the notice. rently installed engines, rotors, propel- (d) Except in the case of an emer- lers, and appliances. gency requiring immediate action in (b) The owner or operator shall re- the interest of safety, the filing of the tain the following records for the peri- petition stays the notice pending a de- ods prescribed: cision by the Administrator. (1) The records specified in paragraph (a)(1) of this section shall be retained § 91.417 Maintenance records. until the work is repeated or super- (a) Except for work performed in ac- seded by other work or for 1 year after cordance with §§ 91.411 and 91.413, each the work is performed. registered owner or operator shall keep (2) The records specified in paragraph the following records for the periods (a)(2) of this section shall be retained specified in paragraph (b) of this sec- and transferred with the aircraft at the tion: time the aircraft is sold. (1) Records of the maintenance, pre- (3) A list of defects furnished to a ventive maintenance, and alteration and records of the 100-hour, annual, registered owner or operator under progressive, and other required or ap- § 43.11 of this chapter shall be retained proved inspections, as appropriate, for until the defects are repaired and the each aircraft (including the airframe) aircraft is approved for return to serv- and each engine, propeller, rotor, and ice. appliance of an aircraft. The records (c) The owner or operator shall make must include— all maintenance records required to be (i) A description (or reference to data kept by this section available for in- acceptable to the Administrator) of the spection by the Administrator or any work performed; and authorized representative of the Na- (ii) The date of completion of the tional Transportation Safety Board work performed; and (NTSB). In addition, the owner or oper- (iii) The signature, and certificate ator shall present Form 337 described number of the person approving the in paragraph (d) of this section for in- aircraft for return to service. spection upon request of any law en- (2) Records containing the following forcement officer. information: (d) When a fuel tank is installed (i) The total time in service of the within the passenger compartment or a airframe, each engine, each propeller, baggage compartment pursuant to part and each rotor. 43 of this chapter, a copy of FAA Form

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337 shall be kept on board the modified ances and limits as a new engine with aircraft by the owner or operator. either new or used parts. However, all parts used in it must conform to the (Approved by the Office of Management and Budget under control number 2120–0005) production drawing tolerances and limits for new parts or be of approved § 91.419 Transfer of maintenance oversized or undersized dimensions for records. a new engine. Any owner or operator who sells a §§ 91.423–91.499 [Reserved] U.S.-registered aircraft shall transfer to the purchaser, at the time of sale, the following records of that aircraft, Subpart F—Large and Turbine- in plain language form or in coded form Powered Multiengine Airplanes at the election of the purchaser, if the coded form provides for the preserva- SOURCE: Docket No. 18334, 54 FR 34314, Aug. tion and retrieval of information in a 18, 1989, unless otherwise noted. manner acceptable to the Adminis- trator: § 91.501 Applicability. (a) The records specified in (a) This subpart prescribes operating § 91.417(a)(2). rules, in addition to those prescribed in (b) The records specified in other subparts of this part, governing § 91.417(a)(1) which are not included in the operation of large and of turbojet- the records covered by paragraph (a) of powered multiengine civil airplanes of this section, except that the purchaser U.S. registry. The operating rules in may permit the seller to keep physical this subpart do not apply to those air- custody of such records. However, cus- planes when they are required to be op- tody of records by the seller does not erated under parts 121, 125, 129, 135, and relieve the purchaser of the responsi- 137 of this chapter. (Section 91.409 pre- bility under § 91.417(c) to make the scribes an inspection program for large records available for inspection by the and for turbine-powered (turbojet and Administrator or any authorized rep- turboprop) multiengine airplanes of resentative of the National Transpor- U.S. registry when they are operated tation Safety Board (NTSB). under this part or part 129 or 137.) (b) Operations that may be conducted § 91.421 Rebuilt engine maintenance under the rules in this subpart instead records. of those in parts 121, 129, 135, and 137 of (a) The owner or operator may use a this chapter when common carriage is new maintenance record, without pre- not involved, include— vious operating history, for an aircraft (1) Ferry or training flights; engine rebuilt by the manufacturer or (2) Aerial work operations such as by an agency approved by the manufac- aerial photography or survey, or pipe- turer. line patrol, but not including fire fight- (b) Each manufacturer or agency ing operations; that grants zero time to an engine re- (3) Flights for the demonstration of built by it shall enter in the new an airplane to prospective customers record— when no charge is made except for (1) A signed statement of the date the those specified in paragraph (d) of this engine was rebuilt; section; (2) Each change made as required by (4) Flights conducted by the operator airworthiness directives; and of an airplane for his personal trans- (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

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the company (other than transpor- of owning, operating, and maintaining tation by air) and no charge, assess- the two airplanes; ment or fee is made for the carriage in (3) A joint ownership agreement means excess of the cost of owning, operating, an arrangement whereby one of the and maintaining the airplane, except registered joint owners of an airplane that no charge of any kind may be employs and furnishes the flight crew made for the carriage of a guest of a for that airplane and each of the reg- company, when the carriage is not istered joint owners pays a share of the within the scope of, and incidental to, charge specified in the agreement. the business of that company; (d) The following may be charged, as (6) The carriage of company officials, expenses of a specific flight, for trans- employees, and guests of the company portation as authorized by paragraphs on an airplane operated under a time (b) (3) and (7) and (c)(1) of this section: sharing, interchange, or joint owner- (1) Fuel, oil, lubricants, and other ad- ship agreement as defined in paragraph ditives. (c) of this section; (2) Travel expenses of the crew, in- (7) The carriage of property (other cluding food, lodging, and ground than mail) on an airplane operated by transportation. a person in the furtherance of a busi- (3) Hangar and tie-down costs away ness or employment (other than trans- from the aircraft’s base of operation. portation by air) when the carriage is (4) Insurance obtained for the specific within the scope of, and incidental to, flight. that business or employment and no (5) Landing fees, airport taxes, and charge, assessment, or fee is made for similar assessments. the carriage other than those specified (6) Customs, foreign permit, and in paragraph (d) of this section; similar fees directly related to the (8) The carriage on an airplane of an flight. athletic team, sports group, choral (7) In flight food and beverages. group, or similar group having a common purpose or objective when there is (8) Passenger ground transportation. no charge, assessment, or fee of any (9) Flight planning and weather con- kind made by any person for that car- tract services. riage; and (10) An additional charge equal to 100 (9) The carriage of persons on an air- percent of the expenses listed in para- plane operated by a person in the fur- graph (d)(1) of this section. therance of a business other than § 91.503 Flying equipment and oper- transportation by air for the purpose of ating information. selling them land, goods, or property, including franchises or distributor- (a) The pilot in command of an air- ships, when the carriage is within the plane shall ensure that the following scope of, and incidental to, that busi- flying equipment and aeronautical ness and no charge, assessment, or fee charts and data, in current and appro- is made for that carriage. priate form, are accessible for each (c) As used in this section— flight at the pilot station of the air- (1) A time sharing agreement means an plane: arrangement whereby a person leases (1) A flashlight having at least two his airplane with flight crew to another size ‘‘D’’ cells, or the equivalent, that person, and no charge is made for the is in good working order. 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.

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(b) Each cockpit checklist must con- erations. Each required instrument and tain the following procedures and shall item of equipment must be in operable be used by the flight crewmembers condition. when operating the airplane: (1) Before starting engines. § 91.509 Survival equipment for (2) Before takeoff. overwater operations. (3) Cruise. (a) No person may take off an air- (4) Before landing. plane for a flight over water more than (5) After landing. 50 nautical miles from the nearest (6) Stopping engines. shore unless that airplane is equipped (7) Emergencies. with a life preserver or an approved flo- (c) Each emergency cockpit checklist tation means for each occupant of the procedure required by paragraph (b)(7) airplane. of this section must contain the fol- (b) No person may take off an air- lowing procedures, as appropriate: plane for a flight over water more than (1) Emergency operation of fuel, hy- 30 minutes flying time or 100 nautical draulic, electrical, and mechanical sys- miles from the nearest shore unless it tems. has on board the following survival (2) Emergency operation of instru- equipment: ments and controls. (1) A life preserver, equipped with an (3) Engine inoperative procedures. approved survivor locator light, for (4) Any other procedures necessary each occupant of the airplane. for safety. (2) Enough liferafts (each equipped (d) The equipment, charts, and data with an approved survival locator prescribed in this section shall be used light) of a rated capacity and buoyancy by the pilot in command and other to accommodate the occupants of the members of the flight crew, when perti- airplane. nent. (3) At least one pyrotechnic signaling § 91.505 Familiarity with operating device for each liferaft. limitations and emergency equip- (4) One self-buoyant, water-resistant, ment. portable emergency radio signaling de- (a) Each pilot in command of an air- vice that is capable of transmission on plane shall, before beginning a flight, the appropriate emergency frequency become familiar with the Airplane or frequencies and not dependent upon Flight Manual for that airplane, if one the airplane power supply. is required, and with any placards, list- (5) A lifeline stored in accordance ings, instrument markings, or any with § 25.1411(g) of this chapter. combination thereof, containing each (c) The required liferafts, life pre- operating limitation prescribed for servers, and signaling devices must be that airplane by the Administrator, in- installed in conspicuously marked lo- cluding those specified in § 91.9(b). cations and easily accessible in the (b) Each required member of the crew event of a ditching without appreciable shall, before beginning a flight, become time for preparatory procedures. familiar with the emergency equip- (d) A survival kit, appropriately ment installed on the airplane to which equipped for the route to be flown, that crewmember is assigned and with must be attached to each required life- the procedures to be followed for the raft. use of that equipment in an emergency (e) As used in this section, the term situation. shore means that area of the land adjacent 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

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flight over water more than 30 minutes areas which are intermittently under flying time or 100 nautical miles from water. the nearest shore unless it has at least (f) Notwithstanding the requirements the following operable equipment: in paragraph (a)(2) of this section, a (1) Radio communication equipment person may operate in the Gulf of Mex- appropriate to the facilities to be used ico, the Caribbean Sea, and the Atlan- and able to transmit to, and receive tic Ocean west of a line which extends from, any place on the route, at least from 44°47′00″ N / 67°00′00″ W to 39°00′00″ one surface facility: N / 67°00′00″ W to 38°30′00″ N / 60°00′00″ W (i) Two transmitters. south along the 60°00′00″ W longitude (ii) Two microphones. line to the point where the line inter- (iii) Two headsets or one headset and sects with the northern coast of South one speaker. America, when: (iv) Two independent receivers. (1) A single long-range navigation (2) Appropriate electronic naviga- system is installed, operational, and tional equipment consisting of at least appropriate for the route; and two independent electronic navigation (2) Flight conditions and the air- units capable of providing the pilot craft’s capabilities are such that no with the information necessary to more than a 30-minute gap in two-way navigate the airplane within the air- radio very high frequency communica- space assigned by air traffic control. tions is expected to exist. However, a receiver that can receive [Doc. No. 18334, 54 FR 34314, Aug. 18, 1989, as both communications and required amended by Amdt. 91–249, 61 FR 7190, Feb. 26, navigational signals may be used in 1996] place of a separate communications receiver and a separate navigational sig- § 91.513 Emergency equipment. nal receiver or unit. (a) No person may operate an air- (b) For the purposes of paragraphs plane unless it is equipped with the (a)(1)(iv) and (a)(2) of this section, a re- emergency equipment listed in this ceiver or electronic navigation unit is section. independent if the function of any part (b) Each item of equipment— of it does not depend on the func- (1) Must be inspected in accordance tioning of any part of another receiver with § 91.409 to ensure its continued or electronic navigation unit. serviceability and immediate readiness (c) Notwithstanding the provisions of for its intended purposes; paragraph (a) of this section, a person (2) Must be readily accessible to the may operate an airplane on which no crew; passengers are carried from a place (3) Must clearly indicate its method where repairs or replacement cannot be of operation; and made to a place where they can be (4) When carried in a compartment or made, if not more than one of each of container, must have that compart- the dual items of radio communication ment or container marked as to con- and navigational equipment specified tents and date of last inspection. in paragraphs (a)(1) (i) through (iv) and (c) Hand fire extinguishers must be (a)(2) of this section malfunctions or provided for use in crew, passenger, and becomes inoperative. cargo compartments in accordance (d) Notwithstanding the provisions of with the following: paragraph (a) of this section, when (1) The type and quantity of extin- both VHF and HF communications guishing agent must be suitable for the equipment are required for the route kinds of fires likely to occur in the and the airplane has two VHF trans- compartment where the extinguisher is mitters and two VHF receivers for intended to be used. communications, only one HF trans- (2) At least one hand fire extin- mitter and one HF receiver is required guisher must be provided and located for communications. on or near the flight deck in a place (e) As used in this section, the term that is readily accessible to the flight shore means that area of the land adja- crew. cent to the water which is above the (3) At least one hand fire extin- high-water mark and excludes land guisher must be conveniently located

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in the passenger compartment of each (2) The altitudes prescribed in § 91.177, airplane accommodating more than six for night operations. but less than 31 passengers, and at (b) This section does not apply— least two hand fire extinguishers must (1) During takeoff or landing; be conveniently located in the pas- (2) When a different altitude is au- senger compartment of each airplane thorized by a waiver to this section accommodating more than 30 pas- under subpart J of this part; or sengers. (3) When a flight is conducted under (4) Hand fire extinguishers must be the special VFR weather minimums of installed and secured in such a manner § 91.157 with an appropriate clearance that they will not interfere with the from ATC. safe operation of the airplane or ad- versely affect the safety of the crew § 91.517 Passenger information. and passengers. They must be readily (a) Except as provided in paragraph accessible and, unless the locations of (b) of this section, no person may oper- the fire extinguishers are obvious, ate an airplane carrying passengers un- their stowage provisions must be prop- less it is equipped with signs that are erly identified. visible to passengers and flight attend- (d) First aid kits for treatment of in- ants to notify them when smoking is juries likely to occur in flight or in prohibited and when safety belts must minor accidents must be provided. be fastened. The signs must be so con- (e) Each airplane accommodating structed that the crew can turn them more than 19 passengers must be on and off. They must be turned on equipped with a crash axe. during airplane movement on the sur- (f) Each passenger-carrying airplane face, for each takeoff, for each landing, must have a portable battery-powered and when otherwise considered to be megaphone or megaphones readily ac- necessary by the pilot in command. cessible to the crewmembers assigned (b) The pilot in command of an air- to direct emergency evacuation, in- plane that is not required, in accord- stalled as follows: ance with applicable aircraft and (1) One megaphone on each airplane equipment requirements of this chap- with a seating capacity of more than 60 ter, to be equipped as provided in para- but less than 100 passengers, at the graph (a) of this section shall ensure most rearward location in the pas- that the passengers are notified orally senger cabin where it would be readily each time that it is necessary to fasten accessible to a normal flight attendant their safety belts and when smoking is seat. However, the Administrator may prohibited. grant a deviation from the require- (c) If passenger information signs are ments of this subparagraph if the Ad- installed, no passenger or crewmember ministrator finds that a different loca- may smoke while any ‘‘no smoking’’ tion would be more useful for evacu- sign is lighted nor may any passenger ation of persons during an emergency. or crewmember smoke in any lavatory. (2) On each airplane with a seating (d) Each passenger required by capacity of 100 or more passengers, one § 91.107(a)(3) to occupy a seat or berth megaphone installed at the forward end shall fasten his or her safety belt about and one installed at the most rearward him or her and keep it fastened while location where it would be readily ac- any ‘‘fasten seat belt’’ sign is lighted. cessible to a normal flight attendant (e) Each passenger shall comply with seat. instructions given him or her by crewmembers regarding compliance with § 91.515 Flight altitude rules. paragraphs (b), (c), and (d) of this section. (a) Notwithstanding § 91.119, and except as provided in paragraph (b) of [Doc. No. 26142, 57 FR 42672, Sept. 15, 1992] this section, no person may operate an airplane under VFR at less than— § 91.519 Passenger briefing. (1) One thousand feet above the sur- (a) Before each takeoff the pilot in face, or 1,000 feet from any mountain, command of an airplane carrying pas- hill, or other obstruction to flight, for sengers shall ensure that all passengers day operations; and have been orally briefed on—

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(1) Smoking. Each passenger shall be § 91.521 Shoulder harness. briefed on when, where, and under what (a) No person may operate a trans- conditions smoking is prohibited. This port category airplane that was type briefing shall include a statement, as certificated after January 1, 1958, un- appropriate, that the Federal Aviation less it is equipped at each seat at a Regulations require passenger compli- flight deck station with a combined ance with lighted passenger informa- safety belt and shoulder harness that tion signs and no smoking placards, meets the applicable requirements prohibit smoking in lavatories, and re- specified in § 25.785 of this chapter, ex- quire compliance with crewmember in- cept that— structions with regard to these items; (1) Shoulder harnesses and combined (2) Use of safety belts and shoulder har- safety belt and shoulder harnesses that nesses. Each passenger shall be briefed were approved and installed before on when, where, and under what condi- March 6, 1980, may continue to be used; tions it is necessary to have his or her and safety belt and, if installed, his or her (2) Safety belt and shoulder harness shoulder harness fastened about him or restraint systems may be designed to her. This briefing shall include a state- the inertia load factors established ment, as appropriate, that Federal under the certification basis of the air- Aviation Regulations require passenger plane. compliance with the lighted passenger (b) No person may operate a trans- sign and/or crewmember instructions port category airplane unless it is with regard to these items; equipped at each required flight attendant seat in the passenger compart- (3) Location and means for opening ment with a combined safety belt and the passenger entry door and emer- shoulder harness that meets the appli- gency exits; cable requirements specified in § 25.785 (4) Location of survival equipment; of this chapter, except that— (5) Ditching procedures and the use of (1) Shoulder harnesses and combined flotation equipment required under safety belt and shoulder harnesses that § 91.509 for a flight over water; and were approved and installed before (6) The normal and emergency use of March 6, 1980, may continue to be used; oxygen equipment installed on the air- and plane. (2) Safety belt and shoulder harness (b) The oral briefing required by restraint systems may be designed to paragraph (a) of this section shall be the inertia load factors established given by the pilot in command or a under the certification basis of the air- member of the crew, but need not be plane. given when the pilot in command de- § 91.523 Carry-on baggage. termines that the passengers are familiar with the contents of the briefing. It No pilot in command of an airplane may be supplemented by printed cards having a seating capacity of more than for the use of each passenger con- 19 passengers may permit a passenger taining— to stow baggage aboard that airplane (1) A diagram of, and methods of op- except— erating, the emergency exits; and (a) In a suitable baggage or cargo storage compartment, or as provided in (2) Other instructions necessary for § 91.525; or use of emergency equipment. (b) Under a passenger seat in such a (c) Each card used under paragraph way that it will not slide forward under (b) must be carried in convenient loca- crash impacts severe enough to induce tions on the airplane for the use of the ultimate inertia forces specified in each passenger and must contain infor- § 25.561(b)(3) of this chapter, or the re- mation that is pertinent only to the quirements of the regulations under type and model airplane on which it is which the airplane was type certifi- used. cated. Restraining devices must also [Doc. No. 18334, 54 FR 34314, Aug. 18, 1989, as limit sideward motion of under-seat amended by Amdt. 91–231, 57 FR 42672, Sept. baggage and be designed to withstand 15, 1992] crash impacts severe enough to induce

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sideward forces specified in § 25.561(b)(3) Federal Aviation Regulation No. 23, or of this chapter. those for transport category airplane type certification, no pilot may fly— § 91.525 Carriage of cargo. (1) Under IFR into known or forecast (a) No pilot in command may permit moderate icing conditions; or cargo to be carried in any airplane un- (2) Under VFR into known light or less— moderate icing conditions unless the (1) It is carried in an approved cargo aircraft has functioning de-icing or rack, bin, or compartment installed in anti-icing equipment protecting each the airplane; propeller, windshield, wing, stabilizing (2) It is secured by means approved or control surface, and each airspeed, by the Administrator; or altimeter, rate of climb, or flight atti- (3) It is carried in accordance with tude instrument system. each of the following: (c) Except for an airplane that has (i) It is properly secured by a safety ice protection provisions that meet the belt or other tiedown having enough requirements in section 34 of Special strength to eliminate the possibility of Federal Aviation Regulation No. 23, or shifting under all normally anticipated those for transport category airplane flight and ground conditions. type certification, no pilot may fly an (ii) It is packaged or covered to avoid airplane into known or forecast severe possible injury to passengers. icing conditions. (iii) It does not impose any load on (d) If current weather reports and seats or on the floor structure that ex- briefing information relied upon by the ceeds the load limitation for those pilot in command indicate that the components. forecast icing conditions that would (iv) It is not located in a position otherwise prohibit the flight will not that restricts the access to or use of be encountered during the flight be- any required emergency or regular cause of changed weather conditions exit, or the use of the aisle between the since the forecast, the restrictions in crew and the passenger compartment. paragraphs (b) and (c) of this section (v) It is not carried directly above based on forecast conditions do not seated passengers. apply. (b) When cargo is carried in cargo compartments that are designed to re- § 91.529 Flight engineer requirements. quire the physical entry of a crewmember to extinguish any fire that (a) No person may operate the fol- may occur during flight, the cargo lowing airplanes without a flight crew- must be loaded so as to allow a crewmember holding a current flight engi- member to effectively reach all parts neer certificate: of the compartment with the contents (1) An airplane for which a type cer- of a hand fire extinguisher. tificate was issued before January 2, 1964, having a maximum certificated § 91.527 Operating in icing conditions. takeoff weight of more than 80,000 (a) No pilot may take off an airplane pounds. that has— (2) An airplane type certificated after (1) Frost, snow, or ice adhering to January 1, 1964, for which a flight engi- any propeller, windshield, or power- neer is required by the type certifi- plant installation or to an airspeed, al- cation requirements. timeter, rate of climb, or flight atti- (b) No person may serve as a required tude instrument system; flight engineer on an airplane unless, (2) Snow or ice adhering to the wings within the preceding 6 calendar or stabilizing or control surfaces; or months, that person has had at least 50 (3) Any frost adhering to the wings or hours of flight time as a flight engineer stabilizing or control surfaces, unless on that type airplane or has been that frost has been polished to make it checked by the Administrator on that smooth. type airplane and is found to be famil- (b) Except for an airplane that has iar and competent with all essential ice protection provisions that meet the current information and operating pro- requirements in section 34 of Special cedures.

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§ 91.531 Second in command require- (3) For airplanes having more than ments. 100 passengers on board, two flight at- (a) Except as provided in paragraph tendants plus one additional flight at- (b) of this section, no person may oper- tendant for each unit (or part of a unit) ate the following airplanes without a of 50 passengers above 100. pilot who is designated as second in (b) No person may serve as a flight command of that airplane: attendant on an airplane when required (1) A large airplane, except that a by paragraph (a) of this section unless person may operate an airplane certifi- that person has demonstrated to the cated under SFAR 41 without a pilot pilot in command familiarity with the who is designated as second in com- necessary functions to be performed in mand if that airplane is certificated for an emergency or a situation requiring operation with one pilot. emergency evacuation and is capable of using the emergency equipment in- (2) A turbojet-powered multiengine stalled on that airplane. airplane for which two pilots are required under the type certification re- § 91.535 Stowage of food, beverage, quirements for that airplane. and passenger service equipment (3) A commuter category airplane, during aircraft movement on the except that a person may operate a surface, takeoff, and landing. commuter category airplane notwith- (a) No operator may move an aircraft standing paragraph (a)(1) of this sec- on the surface, take off, or land when tion, that has a passenger seating con- any food, beverage, or tableware fur- figuration, excluding pilot seats, of nished by the operator is located at nine or less without a pilot who is des- any passenger seat. ignated as second in command if that (b) No operator may move an aircraft airplane is type certificated for oper- on the surface, take off, or land unless ations with one pilot. each food and beverage tray and seat (b) The Administrator may issue a back tray table is secured in its stowed letter of authorization for the oper- position. ation of an airplane without compli- (c) No operator may permit an air- ance with the requirements of para- craft to move on the surface, take off, graph (a) of this section if that air- or land unless each passenger serving plane is designed for and type certifi- cart is secured in its stowed position. cated with only one pilot station. The (d) No operator may permit an air- authorization contains any conditions craft to move on the surface, take off, that the Administrator finds necessary or land unless each movie screen that for safe operation. extends into the aisle is stowed. (c) No person may designate a pilot (e) Each passenger shall comply with to serve as second in command, nor instructions given by a crewmember may any pilot serve as second in com- with regard to compliance with this mand, of an airplane required under section. this section to have two pilots unless that pilot meets the qualifications for [Doc. No. 26142, 57 FR 42672, Sept. 15, 1992] second in command prescribed in § 61.55 §§ 91.536–91.599 [Reserved] of this chapter.

§ 91.533 Flight attendant require- Subpart G—Additional Equipment ments. and Operating Requirements (a) No person may operate an air- for Large and Transport Cat- plane unless at least the following egory Aircraft number of flight attendants are on board the airplane: SOURCE: Docket No. 18334, 54 FR 34318, Aug. (1) For airplanes having more than 19 18, 1989, unless otherwise noted. but less than 51 passengers on board, one flight attendant. § 91.601 Applicability. (2) For airplanes having more than 50 This subpart applies to operation of but less than 101 passengers on board, large and transport category U.S.-reg- two flight attendants. istered civil aircraft.

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§ 91.603 Aural speed warning device. airport, the runway to be used, the ef- No person may operate a transport fective runway gradient, the ambient category airplane in air commerce un- temperature and wind component at less that airplane is equipped with an the time of takeoff, and, if operating aural speed warning device that com- limitations exist for the minimum dis- plies with § 25.1303(c)(1). tances required for takeoff from wet runways, the runway surface condition § 91.605 Transport category civil air- (dry or wet). Wet runway distances as- plane weight limitations. sociated with grooved or porous fric- (a) No person may take off any trans- tion course runways, if provided in the port category airplane (other than a Airplane Flight Manual, may be used turbine-engine-powered airplane cer- only for runways that are grooved or tificated after September 30, 1958) un- treated with a porous friction course less— (PFC) overlay, and that the operator (1) The takeoff weight does not ex- determines are designed, constructed, ceed the authorized maximum takeoff and maintained in a manner acceptable weight for the elevation of the airport to the Administrator. of takeoff; (4) Where the takeoff distance in- (2) The elevation of the airport of cludes a clearway, the clearway dis- takeoff is within the altitude range for tance is not greater than one-half of— which maximum takeoff weights have (i) The takeoff run, in the case of air- been determined; planes certificated after September 30, (3) Normal consumption of fuel and 1958, and before August 30, 1959; or oil in flight to the airport of intended (ii) The runway length, in the case of landing will leave a weight on arrival airplanes certificated after August 29, not in excess of the authorized max- 1959. imum landing weight for the elevation (c) No person may take off a turbine- of that airport; and engine-powered transport category air- (4) The elevations of the airport of in- plane certificated after August 29, 1959, tended landing and of all specified al- unless, in addition to the requirements ternate airports are within the altitude of paragraph (b) of this section— range for which the maximum landing (1) The accelerate-stop distance is no weights have been determined. greater than the length of the runway (b) No person may operate a turbine- plus the length of the stopway (if engine-powered transport category air- present); and plane certificated after September 30, (2) The takeoff distance is no greater 1958, contrary to the Airplane Flight than the length of the runway plus the Manual, or take off that airplane un- length of the clearway (if present); and less— (3) The takeoff run is no greater than (1) The takeoff weight does not ex- the length of the runway. ceed the takeoff weight specified in the Airplane Flight Manual for the ele- [Doc. No. 18334, 54 FR 34318, Aug. 18, 1989, as vation of the airport and for the ambi- amended by Amdt. 91–256, 63 FR 8321, Feb. 18, ent temperature existing at the time of 1998] takeoff; (2) Normal consumption of fuel and § 91.607 Emergency exits for airplanes carrying passengers for hire. oil in flight to the airport of intended landing and to the alternate airports (a) Notwithstanding any other provi- will leave a weight on arrival not in ex- sion of this chapter, no person may op- cess of the landing weight specified in erate a large airplane (type certificated the Airplane Flight Manual for the ele- under the Civil Air Regulations effec- vation of each of the airports involved tive before April 9, 1957) in passenger- and for the ambient temperatures ex- carrying operations for hire, with more pected at the time of landing; than the number of occupants— (3) The takeoff weight does not ex- (1) Allowed under Civil Air Regula- ceed the weight shown in the Airplane tions § 4b.362 (a), (b), and (c) as in effect Flight Manual to correspond with the on December 20, 1951; or minimum distances required for take- (2) Approved under Special Civil Air off, considering the elevation of the Regulations SR–387, SR–389, SR–389A,

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or SR–389B, or under this section as in cabin, the first additional exit must be effect. a floor-level exit that complies with However, an airplane type listed in the paragraph (b)(1) of this section and following table may be operated with must be located in the rear part of the up to the listed number of occupants cabin on the opposite side of the fuse- (including crewmembers) and the cor- lage from the main entrance door. responding number of exits (including However, no person may operate an emergency exits and doors) approved airplane under this section carrying for the emergency exit of passengers or more than 115 occupants unless there is with an occupant-exit configuration such an exit on each side of the fuse- approved under paragraph (b) or (c) of lage in the rear part of the cabin. this section. (c) No person may eliminate any ap- Maximum Corresponding proved exit except in accordance with number of oc- number of the following: Airplane type cupants in- exits author- cluding all ized for pas- (1) The previously authorized max- crewmembers senger use imum number of occupants must be re- B–307 ...... 61 4 duced by the same number of addi- B–377 ...... 96 9 tional occupants authorized for that C–46 ...... 67 4 exit under this section. CV–240 ...... 53 6 CV–340 and CV–440 ...... 53 6 (2) Exits must be eliminated in ac- DC–3 ...... 35 4 cordance with the following priority DC–3 (Super) ...... 39 5 DC–4 ...... 86 5 schedule: First, non-over-wing window DC–6 ...... 87 7 exits; second, over-wing window exits; DC–6B ...... 112 11 third, floor-level exits located in the L–18 ...... 17 3 L–049, L–649, L–749 ...... 87 7 forward part of the cabin; and fourth, L–1049 series ...... 96 9 floor-level exits located in the rear of M–202 ...... 53 6 the cabin. M–404 ...... 53 7 Viscount 700 series ...... 53 7 (3) At least one exit must be retained on each side of the fuselage regardless (b) Occupants in addition to those au- of the number of occupants. thorized under paragraph (a) of this (4) No person may remove any exit section may be carried as follows: that would result in a ratio of max- (1) For each additional floor-level imum number of occupants to approved exit at least 24 inches wide by 48 inches exits greater than 14:1. high, with an unobstructed 20-inch- (d) This section does not relieve any wide access aisleway between the exit person operating under part 121 of this and the main passenger aisle, 12 addi- chapter from complying with § 121.291. tional occupants. (2) For each additional window exit § 91.609 Flight recorders and cockpit located over a wing that meets the re- voice recorders. quirements of the airworthiness standards under which the airplane was type (a) No holder of an air carrier oper- certificated or that is large enough to ating certificate or an operating cer- inscribe an ellipse 19×26 inches, eight tificate may conduct any operation additional occupants. under this part with an aircraft listed (3) For each additional window exit in the holder’s operations specifica- that is not located over a wing but that tions or current list of aircraft used in otherwise complies with paragraph air transportation unless that aircraft (b)(2) of this section, five additional oc- complies with any applicable flight re- cupants. corder and cockpit voice recorder re- (4) For each airplane having a ratio quirements of the part under which its (as computed from the table in para- certificate is issued except that the op- graph (a) of this section) of maximum erator may— number of occupants to number of (1) Ferry an aircraft with an inoper- exits greater than 14:1, and for each ative flight recorder or cockpit voice airplane that does not have at least recorder from a place where repair or one full-size, door-type exit in the side replacement cannot be made to a place of the fuselage in the rear part of the where they can be made;

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(2) Continue a flight as originally to complete repairs or obtain a replace- planned, if the flight recorder or cock- ment unit. pit voice recorder becomes inoperative (c) No person may operate a U.S. after the aircraft has taken off; civil registered, multiengine, turbine- (3) Conduct an airworthiness flight powered airplane or rotorcraft having a test during which the flight recorder or passenger seating configuration, ex- cockpit voice recorder is turned off to cluding any pilot seats of 10 or more test it or to test any communications that has been manufactured after Octo- or electrical equipment installed in the ber 11, 1991, unless it is equipped with aircraft; or one or more approved flight recorders (4) Ferry a newly acquired aircraft that utilize a digital method of record- from the place where possession of it is ing and storing data and a method of taken to a place where the flight re- readily retrieving that data from the corder or cockpit voice recorder is to storage medium, that are capable of re- be installed. cording the data specified in appendix (b) Notwithstanding paragraphs (c) E to this part, for an airplane, or ap- and (e) of this section, an operator pendix F to this part, for a rotorcraft, other than the holder of an air carrier of this part within the range, accuracy, or a commercial operator certificate and recording interval specified, and may— that are capable of retaining no less than 8 hours of aircraft operation. (1) Ferry an aircraft with an inoper- (d) Whenever a flight recorder, re- ative flight recorder or cockpit voice quired by this section, is installed, it recorder from a place where repair or must be operated continuously from replacement cannot be made to a place the instant the airplane begins the where they can be made; takeoff roll or the rotorcraft begins (2) Continue a flight as originally lift-off until the airplane has com- planned if the flight recorder or cock- pleted the landing roll or the rotorcraft pit voice recorder becomes inoperative has landed at its destination. after the aircraft has taken off; (e) Unless otherwise authorized by (3) Conduct an airworthiness flight the Administrator, after October 11, test during which the flight recorder or 1991, no person may operate a U.S. civil cockpit voice recorder is turned off to registered multiengine, turbine-pow- test it or to test any communications ered airplane or rotorcraft having a or electrical equipment installed in the passenger seating configuration of six aircraft; passengers or more and for which two (4) Ferry a newly acquired aircraft pilots are required by type certifi- from a place where possession of it was cation or operating rule unless it is taken to a place where the flight re- equipped with an approved cockpit corder or cockpit voice recorder is to voice recorder that: be installed; or (1) Is installed in compliance with (5) Operate an aircraft: § 23.1457(a) (1) and (2), (b), (c), (d), (e), (i) For not more than 15 days while (f), and (g); § 25.1457(a) (1) and (2), (b), the flight recorder and/or cockpit voice (c), (d), (e), (f), and (g); § 27.1457(a) (1) recorder is inoperative and/or removed and (2), (b), (c), (d), (e), (f), and (g); or for repair provided that the aircraft § 29.1457(a) (1) and (2), (b), (c), (d), (e), maintenance records contain an entry (f), and (g) of this chapter, as applica- that indicates the date of failure, and a ble; and placard is located in view of the pilot (2) Is operated continuously from the to show that the flight recorder or use of the checklist before the flight to cockpit voice recorder is inoperative. completion of the final checklist at the (ii) For not more than an additional end of the flight. 15 days, provided that the requirements (f) In complying with this section, an in paragraph (b)(5)(i) are met and that approved cockpit voice recorder having a certificated pilot, or a certificated an erasure feature may be used, so that person authorized to return an aircraft at any time during the operation of the to service under § 43.7 of this chapter, recorder, information recorded more certifies in the aircraft maintenance than 15 minutes earlier may be erased records that additional time is required or otherwise obliterated.

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(g) In the event of an accident or oc- (v) Altitude range. currence requiring immediate notifica- (vi) Certificate limitations. tion to the National Transportation (vii) Ranges of operational limits. Safety Board under part 830 of its regu- (viii) Performance information. lations that results in the termination (ix) Operating procedures. of the flight, any operator who has in- (3) The operator has FAA approved stalled approved flight recorders and procedures for the safe operation of the approved cockpit voice recorders shall airplane, including specific require- keep the recorded information for at ments for— least 60 days or, if requested by the Ad- (i) Limiting the operating weight on ministrator or the Board, for a longer any ferry flight to the minimum nec- period. Information obtained from the essary for the flight plus the necessary record is used to assist in determining reserve fuel load; the cause of accidents or occurrences (ii) A limitation that takeoffs must in connection with the investigation be made from dry runways unless, under part 830. The Administrator does based on a showing of actual operating not use the cockpit voice recorder takeoff techniques on wet runways record in any civil penalty or certifi- with one engine inoperative, takeoffs cate action. with full controllability from wet runways have been approved for the spe- [Doc. No. 18334, 54 FR 34318, Aug. 18, 1989, as amended by Amdt. 91–226, 56 FR 51621, Oct. cific model aircraft and included in the 11, 1991; Amdt. 91–228, 57 FR 19353, May 5, Airplane Flight Manual: 1992] (iii) Operations from airports where the runways may require a takeoff or § 91.611 Authorization for ferry flight approach over populated areas; and with one engine inoperative. (iv) Inspection procedures for deter- (a) General. The holder of an air car- mining the operating condition of the rier operating certificate or an oper- operative engines. ating certificate issued under part 125 (4) No person may take off an air- may conduct a ferry flight of a four-en- plane under this section if— gine airplane or a turbine-engine-pow- (i) The initial climb is over thickly ered airplane equipped with three en- populated areas; or gines, with one engine inoperative, to a (ii) Weather conditions at the takeoff base for the purpose of repairing that or destination airport are less than engine subject to the following: those required for VFR flight. (1) The airplane model has been test (5) Persons other than required flight flown and found satisfactory for safe crewmembers shall not be carried dur- flight in accordance with paragraph (b) ing the flight. or (c) of this section, as appropriate. (6) No person may use a flight crew- However, each operator who before No- member for flight under this section vember 19, 1966, has shown that a model unless that crewmember is thoroughly of airplane with an engine inoperative familiar with the operating procedures is satisfactory for safe flight by a test for one-engine inoperative ferry flight flight conducted in accordance with contained in the certificate holder’s performance data contained in the ap- manual and the limitations and per- plicable Airplane Flight Manual under formance information in the Airplane paragraph (a)(2) of this section need Flight Manual. not repeat the test flight for that (b) Flight tests: reciprocating-engine- model. powered airplanes. The airplane per- (2) The approved Airplane Flight formance of a reciprocating-engine- Manual contains the following per- powered airplane with one engine inop- formance data and the flight is con- erative must be determined by flight ducted in accordance with that data: test as follows: (i) Maximum weight. (1) A speed not less than 1.3 VS1 must (ii) Center of gravity limits. be chosen at which the airplane may be (iii) Configuration of the inoperative controlled satisfactorily in a climb propeller (if applicable). with the critical engine inoperative (iv) Runway length for takeoff (in- (with its propeller removed or in a concluding temperature accountability). figuration desired by the operator and

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

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§ 91.613 Materials for compartment in- members) applies to each person on teriors. board an aircraft. No person may operate an airplane [Doc. No. FAA–1998–4954, 64 FR 1079, Jan. 7, that conforms to an amended or sup- 1999] plemental type certificate issued in accordance with SFAR No. 41 for a max- § 91.703 Operations of civil aircraft of imum certificated takeoff weight in ex- U.S. registry outside of the United cess of 12,500 pounds unless within 1 States. year after issuance of the initial air- (a) Each person operating a civil airworthiness certificate under that craft of U.S. registry outside of the SFAR the airplane meets the compart- United States shall— ment interior requirements set forth in (1) When over the high seas, comply § 25.853 (a), (b), (b–1), (b–2), and (b–3) of with annex 2 (Rules of the Air) to the this chapter in effect on September 26, Convention on International Civil 1978. Aviation and with §§ 91.117(c), 91.127, 91.129, and 91.131; §§ 91.615–91.699 [Reserved] (2) When within a foreign country, comply with the regulations relating Subpart H—Foreign Aircraft Oper- to the flight and maneuver of aircraft ations and Operations of U.S.- there in force; Registered Civil Aircraft Out- (3) Except for §§ 91.307(b), 91.309, side of the United States; and 91.323, and 91.711, comply with this part Rules Governing Persons on so far as it is not inconsistent with ap- Board Such Aircraft plicable regulations of the foreign country where the aircraft is operated SOURCE: Docket No. 18334, 54 FR 34320, Aug. or annex 2 of the Convention on Inter- 18, 1989, unless otherwise noted. national Civil Aviation; and (4) When operating within airspace § 91.701 Applicability. designated as Minimum Navigation (a) This subpart applies to the oper- Performance Specifications (MNPS) ations of civil aircraft of U.S. registry airspace, comply with § 91.705. When op- outside of the United States and the erating within airspace designated as operations of foreign civil aircraft Reduced Vertical Separation Minimum within the United States. (RVSM) airspace, comply with § 91.706. (b) Section 91.702 of this subpart also (b) Annex 2 to the Convention on applies to each person on board an air- International Civil Aviation, Ninth craft operated as follows: Edition—July 1990, with Amendments (1) A U.S. registered civil aircraft op- through Amendment 32 effective Feb- erated outside the United States; ruary 19, 1996, to which reference is (2) Any aircraft operated outside the made in this part, is incorporated into United States— this part and made a part hereof as (i) That has its next scheduled des- provided in 5 U.S.C. § 552 and pursuant tination or last place of departure in to 1 CFR part 51. Annex 2 (including a the United States if the aircraft next complete historic file of changes there- lands in the United States; or to) is available for public inspection at (ii) If the aircraft lands in the United the Rules Docket, AGC–200, Federal States with the individual still on the Aviation Administration, 800 Independ- aircraft regardless of whether it was a ence Avenue SW., Washington, DC scheduled or otherwise planned landing 20591; or at the Office of the Federal site. Register, 800 North Capitol Street, [Doc. No. FAA–1998–4954, 64 FR 1079, Jan. 7, NW., Suite 700, Washington, DC. In ad- 1999] dition, Annex 2 may be purchased from the International Civil Aviation Orga- § 91.702 Persons on board. nization (Attention: Distribution Offi- Section 91.11 of this part (Prohibi- cer), P.O. Box 400, Succursale, Place de tions on interference with crew- L’Aviation Internationale, 1000

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Sherbrooke Street West, Montreal, § 91.709 Operations to Cuba. Quebec, Canada H3A 2R2. No person may operate a civil air- [Doc. No. 18834, 54 FR 34320, Aug. 18, 1989, as craft from the United States to Cuba amended by Amdt. 91–227, 56 FR 65661, Dec. unless— 17, 1991; Amdt. 91–254, 62 FR 17487, Apr. 9, (a) Departure is from an inter- 1997] national airport of entry designated in § 91.705 Operations within airspace § 6.13 of the Air Commerce Regulations designated as Minimum Navigation of the Bureau of Customs (19 CFR 6.13); Performance Specification Air- and space. (b) In the case of departure from any (a) Except as provided in paragraph of the 48 contiguous States or the Dis- (b) of this section, no person may oper- trict of Columbia, the pilot in com- ate a civil aircraft of U.S. registry in mand of the aircraft has filed— airspace designated as Minimum Navi- (1) A DVFR or IFR flight plan as pre- gation Performance Specifications air- scribed in § 99.11 or § 99.13 of this chap- space unless— ter; and (1) The aircraft has approved naviga- (2) A written statement, within 1 tion performance capability that com- hour before departure, with the Office plies with the requirements of appendix of Immigration and Naturalization C of this part; and Service at the airport of departure, (2) The operator is authorized by the containing— Administrator to perform such oper- (i) All information in the flight plan; ations. (ii) The name of each occupant of the (b) The Administrator may authorize aircraft; a deviation from the requirements of (iii) The number of occupants of the this section in accordance with Section aircraft; and 3 of appendix C to this part. (iv) A description of the cargo, if any. [Doc. No. 28870, 62 FR 17487, Apr. 9, 1997] This section does not apply to the operation of aircraft by a scheduled air car- § 91.706 Operations within airspace rier over routes authorized in oper- designed as Reduced Vertical Sepa- ations specifications issued by the Ad- ration Minimum Airspace. ministrator. (a) Except as provided in paragraph (Approved by the Office of Management and (b) of this section, no person may oper- Budget under control number 2120–0005) ate a civil aircraft of U.S. registry in airspace designated as Reduced § 91.711 Special rules for foreign civil Vertical Separation Minimum (RVSM) aircraft. airspace unless: (a) General. In addition to the other (1) The operator and the operator’s applicable regulations of this part, aircraft comply with the requirements each person operating a foreign civil of appendix G of this part; and aircraft within the United States shall (2) The operator is authorized by the comply with this section. Administrator to conduct such oper- (b) VFR. No person may conduct VFR ations. operations which require two-way (b) The Administrator may authorize radio communications under this part a deviation from the requirements of unless at least one crewmember of that this section in accordance with Section aircraft is able to conduct two-way 5 of appendix G to this part. radio communications in the English [Doc. No. 28870, 62 FR 17487, Apr. 9, 1997] language and is on duty during that operation. § 91.707 Flights between Mexico or (c) IFR. No person may operate a for- Canada and the United States. eign civil aircraft under IFR unless— Unless otherwise authorized by ATC, (1) That aircraft is equipped with— no person may operate a civil aircraft (i) Radio equipment allowing two- between Mexico or Canada and the way radio communication with ATC United States without filing an IFR or when it is operated in controlled air- VFR flight plan, as appropriate. space; and

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(ii) Radio navigational equipment ap- (ii) Training foreign flight crews in propriate to the navigational facilities the operation of the aircraft; or to be used; (iii) Ferrying the aircraft for export (2) Each person piloting the air- delivery outside the United States. craft— (4) Ferry, demonstration, and test (i) Holds a current United States in- flight of an aircraft brought to the strument rating or is authorized by his United States for the purpose of dem- foreign airman certificate to pilot onstration or testing the whole or any under IFR; and part thereof. (ii) Is thoroughly familiar with the United States en route, holding, and [Doc. No. 18834, 54 FR 34320, Aug. 18, 1989, as letdown procedures; and amended by Amdt. 91–227, 56 FR 65661, Dec. (3) At least one crewmember of that 17, 1991] aircraft is able to conduct two-way ra- diotelephone communications in the § 91.713 Operation of civil aircraft of English language and that crewmember Cuban registry. is on duty while the aircraft is ap- No person may operate a civil air- proaching, operating within, or leaving craft of Cuban registry except in con- the United States. trolled airspace and in accordance with (d) Over water. Each person operating air traffic clearance or air traffic con- a foreign civil aircraft over water off trol instructions that may require use the shores of the United States shall of specific airways or routes and land- give flight notification or file a flight ings at specific airports. plan in accordance with the Supple- mentary Procedures for the ICAO re- § 91.715 Special flight authorizations gion concerned. for foreign civil aircraft. (e) Flight at and above FL 240. If VOR navigational equipment is required (a) Foreign civil aircraft may be op- under paragraph (c)(1)(ii) of this sec- erated without airworthiness certifi- tion, no person may operate a foreign cates required under § 91.203 if a special civil aircraft within the 50 States and flight authorization for that operation the District of Columbia at or above is issued under this section. Applica- FL 240, unless the aircraft is equipped tion for a special flight authorization with distance measuring equipment must be made to the Flight Standards (DME) capable of receiving and indi- Division Manager or Aircraft Certifi- cating distance information from the cation Directorate Manager of the FAA VORTAC facilities to be used. When region in which the applicant is located DME required by this paragraph fails or to the region within which the U.S. at and above FL 240, the pilot in com- point of entry is located. However, in mand of the aircraft shall notify ATC the case of an aircraft to be operated in immediately and may then continue the U.S. for the purpose of demonstra- operations at and above FL 240 to the tion at an airshow, the application next airport of intended landing at may be made to the Flight Standards which repairs or replacement of the Division Manager or Aircraft Certifi- equipment can be made. However, para- cation Directorate Manager of the FAA graph (e) of this section does not apply region in which the airshow is located. to foreign civil aircraft that are not (b) The Administrator may issue a equipped with DME when operated for special flight authorization for a for- the following purposes and if ATC is notified prior to each takeoff: eign civil aircraft subject to any condi- (1) Ferry flights to and from a place tions and limitations that the Admin- in the United States where repairs or istrator considers necessary for safe alterations are to be made. operation in the U.S. airspace. (2) Ferry flights to a new country of (c) No person may operate a foreign registry. civil aircraft under a special flight au- (3) Flight of a new aircraft of U.S. thorization unless that operation also manufacture for the purpose of— complies with part 375 of the Special (i) Flight testing the aircraft;

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

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under part 121 or 129 of this chapter on ply with Stage 2 or Stage 3 noise levels or after November 5, 1990. under part 36 of this chapter.

[Doc. No. 18334, 54 FR 34321, Aug. 18, 1989; §§ 91.807—91.813 [Reserved] Amdt. 91–211, 54 FR 41211, Oct. 5, 1989, as amended by Amdt. 91–225, 56 FR 48658, Sept. 25, 1991; Amdt. 91–252, 61 FR 66185, Dec. 16, § 91.815 Agricultural and fire fighting 1996; Amdt. 91–275, 67 FR 45237, July 8, 2002; airplanes: Noise operating limita- Amdt. 91–276, 67 FR 46571, July 15, 2002] tions. (a) This section applies to propeller- § 91.803 Part 125 operators: Designa- driven, small airplanes having standard tion of applicable regulations. airworthiness certificates that are de- For airplanes covered by this subpart signed for ‘‘agricultural aircraft oper- and operated under part 125 of this ations’’ (as defined in § 137.3 of this chapter, the following regulations chapter, as effective on January 1, 1966) apply as specified: or for dispensing fire fighting mate- (a) For each airplane operation to rials. which requirements prescribed under (b) If the Airplane Flight Manual, or this subpart applied before November other approved manual material infor- 29, 1980, those requirements of this sub- mation, markings, or placards for the part continue to apply. airplane indicate that the airplane has (b) For each subsonic airplane oper- not been shown to comply with the ation to which requirements prescribed noise limits under part 36 of this chap- under this subpart did not apply before ter, no person may operate that air- November 29, 1980, because the airplane plane, except— was not operated in the United States (1) To the extent necessary to accom- under this part or part 121, 129, or 135 of plish the work activity directly associ- this chapter, the requirements pre- ated with the purpose for which it is scribed under § 91.805 of this subpart designed; apply. (2) To provide flight crewmember (c) For each supersonic airplane oper- training in the special purpose operation to which requirements prescribed ation for which the airplane is de- under this subpart did not apply before signed; and November 29, 1980, because the airplane was not operated in the United States (3) To conduct ‘‘nondispensing aerial under this part or part 121, 129, or 135 of work operations’’ in accordance with this chapter, the requirements of the requirements under § 137.29(c) of §§ 91.819 and 91.821 of this subpart apply. this chapter. (d) For each airplane required to operate under part 125 for which a devi- § 91.817 Civil aircraft sonic boom. ation under that part is approved to (a) No person may operate a civil air- operate, in whole or in part, under this craft in the United States at a true part or part 121, 129, or 135 of this chap- flight Mach number greater than 1 ex- ter, notwithstanding the approval, the cept in compliance with conditions and requirements prescribed under para- limitations in an authorization to ex- graphs (a), (b), and (c) of this section ceed Mach 1 issued to the operator continue to apply. under appendix B of this part. [Docket No. 18334, 54 FR 34321, Aug. 18, 1989, (b) In addition, no person may oper- as amended byAmdt. 91–276, 67 FR 46571, July ate a civil aircraft for which the max- 15, 2002] imum operating limit speed MM0 exceeds a Mach number of 1, to or from § 91.805 Final compliance: Subsonic an airport in the United States, un- airplanes. less— Except as provided in §§ 91.809 and (1) Information available to the 91.811, on and after January 1, 1985, no flight crew includes flight limitations person may operate to or from an air- that ensure that flights entering or port in the United States any subsonic leaving the United States will not airplane covered by this subpart unless cause a sonic boom to reach the surface that airplane has been shown to com- within the United States; and

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(2) The operator complies with the Fleet means those civil subsonic jet flight limitations prescribed in para- (turbojet) airplanes with a maximum graph (b)(1) of this section or complies certificated 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 jet (turbojet) airplane with a States, a civil supersonic airplane that maximum 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 subsonic jet (turbojet) airplane with a §§ 91.823–91.849 [Reserved] maximum 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; Amdt. 91–275, 67 FR 45237, July 8, lumbia. 2002]

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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 expiration 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. An operator of a Stage 2 airplane (b) The airplane complies with Stage that is operating only between points 2 noise levels and was owned by a U.S. outside the contiguous United States person on and since November 5, 1990. on or after November 5, 1990, must in- Stage 2 airplanes that meet these cri- clude in its operations specifications a teria and are leased to foreign airlines statement that such airplane may not are also subject to the return provi- be used to provide air transportation to sions of paragraph (e) of this section. or from any airport in the contiguous (c) The airplane complies with Stage United States. 2 noise levels, is owned by a non-U.S. [Doc. No. FAA–2002–12771, 67 FR 46571, July person, and is the subject of a binding 15, 2002] lease to a U.S. person effective before and on September 25, 1991. Any such § 91.858 Special flight authorizations airplane may be operated for the term for non-revenue Stage 2 operations. of the lease in effect on that date, and (a) After December 31, 1999, any oper- any extensions thereof provided for in ator of a Stage 2 airplane over 75,000 that lease. pounds may operate that airplane in (d) The airplane complies with Stage nonrevenue service in the contiguous 2 noise levels and is operated by a for- United States only for the following eign air carrier. purposes: (e) The airplane complies with Stage (1) Sell, lease, or scrap the airplane; 2 noise levels and is operated by a for- (2) Obtain modifications to meet eign operator other than for the pur- Stage 3 noise levels; pose of foreign air commerce. (3) Obtain scheduled heavy mainte- (f) The airplane complies with Stage nance or significant modifications; 2 noise levels and— (4) Deliver the airplane to a lessee or (1) On November 5, 1990, was owned return it to a lessor; by: (5) Park or store the airplane; and (i) A corporation, trust, or partner- (6) Prepare the airplane for any of ship organized under the laws of the the purposes listed in paragraph (a)(1) United States or any State (including thru (a)(5) of this section. individual States, territories, posses- (b) An operator of a Stage 2 airplane sions, and the District of Columbia); that needs to operate in the contiguous (ii) An individual who is a citizen of United States for any of the purposes the United States; or listed above may apply to FAA’s Office (iii) An entity owned or controlled by of Environment and Energy for a spe- a corporation, trust, partnership, or in- cial flight authorization. The applicant dividual described in paragraph (f)(1) (i) must file in advance. Applications are or (ii) of this section; and due 30 days in advance of the planned

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flight and must provide the informa- ferred with a Stage 2 airplane to an- tion necessary for the FAA to deter- other person under § 91.863. mine that the planned flight is within (c) New entrants do not have a base the limits prescribed in the law. level. [Doc. No. FAA–2002–12771, 67 FR 46571, July [Doc. No. 26433, 56 FR 48659, Sept. 25, 1991; 56 15, 2002] FR 51167, Oct. 10, 1991]

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

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§ 91.865 Phased compliance for opera- tiate service without regard to the per- tors with base level. centage of its fleet composed of Stage Except as provided in paragraph (a) 3 airplanes. of this section, each operator that op- (2) After December 31, 1994, at least 25 erates an airplane under part 91, 121, percent of the fleet of a new entrant 125, 129, or 135 of this chapter, regard- must comply with Stage 3 noise levels. less of the national registry of the air- (3) After December 31, 1996, at least 50 plane, shall comply with paragraph (b) percent of the fleet of a new entrant or (d) of this section at each interim must comply with Stage 3 noise levels. compliance date with regard to its sub- (4) After December 31, 1998, at least 75 sonic airplane fleet covered by percent of the fleet of a new entrant § 91.801(c) of this subpart. must comply with Stage 3 noise levels. (a) This section does not apply to (b) New entrant foreign air carriers. new entrants covered by § 91.867 or to (1) A new entrant foreign air carrier foreign operators not engaged in for- initiating part 129 operations on or be- eign air commerce. fore December 31, 1994, may initiate (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 [Doc. No. 26433, 56 FR 48659, Sept. 25, 1991, as to any interim compliance requirement amended by Amdt. 91–252, 61 FR 66185, Dec. shall operate a fleet that consists of: 16, 1996] (1) After December 31, 1994, not less than 55 percent Stage 3 airplanes; § 91.869 Carry-forward compliance. (2) After December 31, 1996, not less (a) Any operator that exceeds the re- than 65 percent Stage 3 airplanes; quirements of paragraph (b) of § 91.865 (3) After December 31, 1998, not less of this part on or before December 31, than 75 percent Stage 3 airplanes. 1994, or on or before December 31, 1996, (e) Calculations resulting in fractions may claim a credit that may be applied may be rounded to permit the contin- at a subsequent interim compliance ued operation of the next whole num- date. ber of Stage 2 airplanes. (b) Any operator that eliminates or [Doc. No. 26433, 56 FR 48659, Sept. 25, 1991] modifies more Stage 2 airplanes pursuant to § 91.865(b) than required as of De- § 91.867 Phased compliance for new cember 31, 1994, or December 31, 1996, entrants. may count the number of additional (a) New entrant U.S. air carriers. Stage 2 airplanes reduced as a credit (1) A new entrant initiating oper- toward— ations under part 121 of this chapter on (1) The number of Stage 2 airplanes it or before December 31, 1994, may ini- would otherwise be required to reduce

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following a subsequent interim compli- public comment will be invited. Unless ance date specified in § 91.865(b); or the Secretary finds that circumstances (2) The number of Stage 3 airplanes it require otherwise, the public comment would otherwise be required to operate period will be at least 14 days. in its fleet following a subsequent in- [Doc. No. 26433, 56 FR 48660, Sept. 25, 1991] terim compliance date to meet the percentage requirements specified in § 91.873 Waivers from final compli- § 91.865(d). ance. [Doc. No. 26433, 56 FR 48659, Sept. 25, 1991; 56 (a) A U.S. air carrier or a foreign air FR 65783, Dec. 18, 1991] carrier may apply for a waiver from the prohibition contained in § 91.853 of § 91.871 Waivers from interim compli- this part for its remaining Stage 2 air- ance requirements. planes, provided that, by July 1, 1999, (a) Any U.S. operator or foreign air at least 85 percent of the airplanes used carrier subject to the requirements of by the carrier to provide service to or § 91.865 or 91.867 of this subpart may re- from an airport in the contiguous quest a waiver from any individual United States will comply with the compliance requirement. Stage 3 noise levels. (b) Applications must be filed with (b) An application for the waiver de- the Secretary of Transportation at scribed in paragraph (a) of this section least 120 days prior to the compliance must be filed with the Secretary of date from which the waiver is re- Transportation no later than January quested. 1, 1999, or, in the case of a foreign air (c) Applicants must show that a carrier, no later than April 20, 2000. grant of waiver would be in the public Such application must include a plan interest, and must include in its appli- with firm orders for replacing or modi- cation its plans and activities for modi- fying all airplanes to comply with fying its fleet, including evidence of Stage 3 noise levels at the earliest good faith efforts to comply with the practicable time. requirements of § 91.865 or § 91.867. The (c) To be eligible to apply for the application should contain all informa- waiver under this section, a new en- tion the applicant considers relevant, trant U.S. air carrier must initiate including, as appropriate, the fol- service no later than January 1, 1999, lowing: and must comply fully with all provi- (1) The applicant’s balance sheet and sions of this section. cash flow positions; (d) The Secretary may grant a waiver (2) The composition of the applicant’s under this section if the Secretary current fleet; and finds that granting such waiver is in (3) The applicant’s delivery position the public interest. In making such a with respect to new airplanes or noise- finding, the Secretary shall include abatement equipment. consideration of the effect of granting (d) Waivers will be granted only upon such waiver on competition in the air a showing by the applicant that com- carrier industry and the effect on small pliance with the requirements of community air service, and any other § 91.865 or 91.867 at a particular interim information submitted by the appli- compliance date is financially onerous, cant that the Secretary considers rel- physically impossible, or techno- evant. logically infeasible, or that it would (e) The term of any waiver granted have an adverse effect on competition under this section shall be determined or on service to small communities. by the circumstances presented in the (e) The conditions of any waiver application, but in no case will the granted under this section shall be de- waiver permit the operation of any termined by the circumstances pre- Stage 2 airplane covered by this sub- sented in the application, but in no chapter in the contiguous United case may the term extend beyond the States after December 31, 2003. next interim compliance date. (f) A summary of any request for a (f) A summary of any request for a waiver under this section will be pub- waiver under this section will be published in the FEDERAL REGISTER, and lished in the FEDERAL REGISTER, and public comment will be invited. Unless

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the secretary finds that circumstances (b) Each operator subject to § 91.865 require otherwise, the public comment or § 91.867 of this chapter shall submit period will be at least 14 days. an initial progress report covering the period from January 1, 1990, through [Doc. No. 26433, 56 FR 48660, Sept. 25, 1991; 56 FR 51167 Oct. 10, 1991; Amdt. 91–276, 67 FR December 31, 1991, and provide: 46571, July 15, 2002] (1) For each operator subject to § 91.865: § 91.875 Annual progress reports. (i) The date used to establish its base (a) Each operator subject to § 91.865 level pursuant to § 91.861(a); and or § 91.867 of this chapter shall submit (ii) A list of those Stage 2 airplanes an annual report to the FAA, Office of (by type, model, series and serial num- Environment and Energy, on the ber) in its base level, including adjust- progress it has made toward complying ments made pursuant to § 91.861 after with the requirements of that section. the date its base level was established. Such reports shall be submitted no (2) For each U.S. operator: later than 45 days after the end of a (i) A plan to meet the compliance calendar year. All progress reports schedules in § 91.865 or § 91.867 and the must provide the information through final compliance date of § 91.853, includ- the end of the calendar year, be cer- ing the schedule for delivery of replace- tified by the operator as true and comment Stage 3 airplanes or the installa- plete (under penalty of 18 U.S.C. 1001), tion of noise abatement retrofit equip- and include the following information: ment; and (1) The name and address of the oper- (ii) A separate list (by type, model, ator; series, and serial number) of those air- (2) The name, title, and telephone planes included in the operator’s base number of the person designated by the level, pursuant to § 91.861(a)(1) (i) and operator to be responsible for ensuring (ii), under the categories ‘‘returned’’ or the accuracy of the information in the ‘‘purchased,’’ along with the date each report; was added to its operations specifica- (3) The operator’s progress during the tions. reporting period toward compliance (c) Each operator subject to § 91.865 or with the requirements of § 91.853, § 91.867 of this chapter shall submit sub- § 91.865 or § 91.867. For airplanes on U.S. sequent annual progress reports cov- operations specifications, each oper- ering the calendar year preceding the ator shall identify the airplanes by report and including any changes in type, model, series, and serial number. the information provided in paragraphs (i) Each Stage 2 airplane added or re- (a) and (b) of this section; including the moved from operation or U.S. oper- use of any carry-forward credits pursu- ations specifications (grouped sepa- ant to § 91.869. rately by those airplanes acquired with (d) An operator may request, in any and without base level); report, that specific planning data be (ii) Each Stage 2 airplane modified to considered proprietary. Stage 3 noise levels (identifying the (e) If an operator’s actions during manufacturer and model of noise any reporting period cause it to abatement retrofit equipment; achieve compliance with § 91.853, the re- (iii) Each Stage 3 airplane on U.S. op- port should include a statement to that erations specifications as of the last effect. Further progress reports are not day of the reporting period; and required unless there is any change in (iv) For each Stage 2 airplane trans- the information reported pursuant to ferred or acquired, the name and ad- paragraph (a) of this section. dress of the recipient or transferor; (f) For each U.S. operator subject to and, if base level was transferred, the § 91.865, progress reports submitted for person to or from whom base level was calendar years 1994, 1996, and 1998, shall transferred or acquired pursuant to also state how the operator achieved Section 91.863 along with the effective compliance with the requirements of date of each base level transaction, and that section, i.e.— the type of base level transferred or ac- (1) By reducing the number of Stage quired. 2 airplanes in its fleet to no more than

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the maximum permitted percentage of (c) The following information must its base level under § 91.865(b), or be included in reports filed pursuant to (2) By operating a fleet that consists this section— of at least the minimum required per- (1) For operations conducted between centage of Stage 3 airplanes under the contiguous United States and the § 91.865(d). State of Hawaii— (i) The number of Stage 2 airplanes (Approved by the Office of Management and used to conduct such operations as of Budget under control number 2120–0553) November 5, 1990; [Doc. No. 26433, 56 FR 48660, Sept. 25, 1991; 56 (ii) Any change to that number dur- FR 51168, Oct. 10, 1991, as amended by 57 FR ing the calendar year being reported, 5977, Feb. 19, 1992] including the date of such change; (2) For air carriers that conduct § 91.877 Annual reporting of Hawaiian inter-island turnaround service in the operations. State of Hawaii— (a) Each air carrier or foreign air car- (i) The number of Stage 2 airplanes rier subject to § 91.865 or § 91.867 of this used to conduct such operations as of part that conducts operations between November 5, 1990; the contiguous United States and the (ii) Any change to that number dur- State of Hawaii, between the State of ing the calendar year being reported, Hawaii and any point outside of the including the date of such change; 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 include all Stage 2 airplanes with a max- of this section. imum certificated takeoff weight of (b) Each air carrier or foreign air car- more than 75,000 pounds that were rier not subject to § 91.865 or § 91.867 of owned or leased by the air carrier on this part that conducts operations be- November 5, 1990, regardless of whether tween the contiguous U.S. and the such airplanes were operated by that State of Hawaii, between the State of air carrier or foreign air carrier on Hawaii and any point outside of the that date. contiguous United States, or between (3) For operations conducted between the islands of Hawaii in turnaround the State of Hawaii and a point outside service, on or since November 5, 1990, the contiguous United States— shall submit an annual report to the (i) The number of Stage 2 airplanes FAA, Office of Environment and En- used to conduct such operations as of ergy, on its compliance with the Ha- November 5, 1990; and waiian operations provisions of 49 (ii) Any change to that number dur- U.S.C. 47528. Such reports shall be sub- ing the calendar year being reported, mitted no later than 45 days after the including the date of such change. end of a calendar year. All progress re- (d) Reports or amended reports for ports must provide the information years predating this regulation are re- through the end of the calendar year, quired to be filed concurrently with the be certified by the operator as true and next annual report. complete (under penalty of 18 U.S.C. 1001), and include the following infor- [Doc. No. 28213, 61 FR 66185, Dec. 16, 1996] mation— §§ 91.879—91.899 [Reserved] (1) The name and address of the air carrier or foreign air carrier; Subpart J—Waivers (2) The name, title, and telephone number of the person designated by the § 91.901 [Reserved] air carrier or foreign air carrier to be responsible for ensuring the accuracy § 91.903 Policy and procedures. of the information in the report; and (a) The Administrator may issue a (3) The information specified in para- certificate of waiver authorizing the graph (c) of this section. operation of aircraft in deviation from

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any rule listed in this subpart if the 91.311 Towing: Other than under § 91.309. Administrator finds that the proposed 91.313(e) Restricted category civil aircraft: operation can be safely conducted Operating limitations. under the terms of that certificate of 91.515 Flight altitude rules. 91.705 Operations within the North Atlantic waiver. Minimum Navigation Performance Spec- (b) An application for a certificate of ifications Airspace. waiver under this part is made on a 91.707 Flights between Mexico or Canada form and in a manner prescribed by the and the United States. Administrator and may be submitted 91.713 Operation of civil aircraft of Cuban to any FAA office. registry. (c) A certificate of waiver is effective [Doc. No. 18334, 54 FR 34325, Aug. 18, 1989, as as specified in that certificate of waiv- amended by Amdt. 91–227, 56 FR 65661, Dec. er. 17, 1991] [Doc. No. 18334, 54 FR 34325, Aug. 18, 1989] §§ 91.907–91.999 [Reserved]

§ 91.905 List of rules subject to waiv- APPENDIX A TO PART 91—CATEGORY II ers. OPERATIONS: MANUAL, INSTRU- Sec. MENTS, EQUIPMENT, AND MAINTE- 91.107 Use of safety belts. NANCE 91.111 Operating near other aircraft. 91.113 Right-of-way rules: Except water op- 1. Category II Manual erations. 91.115 Right-of-way rules: Water operations. (a) Application for approval. An applicant 91.117 Aircraft speed. for approval of a Category II manual or an 91.119 Minimum safe altitudes: General. amendment to an approved Category II man- 91.121 Altimeter settings. ual must submit the proposed manual or 91.123 Compliance with ATC clearances and amendment to the Flight Standards District instructions. Office having jurisdiction of the area in 91.125 ATC light signals. which the applicant is located. If the appli- 91.126 Operating on or in the vicinity of an cation requests an evaluation program, it airport in Class G airspace. must include the following: 91.127 Operating on or in the vicinity of an (1) The location of the aircraft and the airport in Class E airspace. place where the demonstrations are to be 91.129 Operations in Class D airspace. conducted; and 91.130 Operations in Class C airspace. (2) The date the demonstrations are to 91.131 Operations in Class B airspace. commence (at least 10 days after filing the 91.133 Restricted and prohibited areas. application). 91.135 Operations in Class A airspace. (b) Contents. Each Category II manual 91.137 Temporary flight restrictions. must contain: 91.141 Flight restrictions in the proximity (1) The registration number, make, and of the Presidential and other parties. model of the aircraft to which it applies; 91.143 Flight limitation in the proximity of (2) A maintenance program as specified in space flight operations. section 4 of this appendix; and 91.153 VFR flight plan: Information re- (3) The procedures and instructions related quired. to recognition of decision height, use of run- 91.155 Basic VFR weather minimums way visual range information, approach 91.157 Special VFR weather minimums. monitoring, the decision region (the region 91.159 VFR cruising altitude or flight level. between the middle marker and the decision 91.169 IFR flight plan: Information required. height), the maximum permissible devi- 91.173 ATC clearance and flight plan re- ations of the basic ILS indicator within the quired. decision region, a missed approach, use of 91.175 Takeoff and landing under IFR. airborne low approach equipment, minimum 91.177 Minimum altitudes for IFR oper- altitude for the use of the autopilot, instru- ations. ment and equipment failure warning sys- 91.179 IFR cruising altitude or flight level. tems, instrument failure, and other proce- 91.181 Course to be flown. dures, instructions, and limitations that 91.183 IFR radio communications. may be found necessary by the Adminis- 91.185 IFR operations: Two-way radio com- trator. munications failure. 2. Required Instruments and Equipment 91.187 Operation under IFR in controlled airspace: Malfunction reports. The instruments and equipment listed in 91.209 Aircraft lights. this section must be installed in each air- 91.303 Aerobatic flights. craft operated in a Category II operation. 91.305 Flight test areas. This section does not require duplication of

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instruments and equipment required by 3. Instruments and Equipment Approval § 91.205 or any other provisions of this chap- (a) General. The instruments and equip- ter. ment required by section 2 of this appendix (a) Group I. (1) Two localizer and glide must be approved as provided in this section slope receiving systems. Each system must provide a basic ILS display and each side of before being used in Category II operations. the instrument panel must have a basic ILS Before presenting an aircraft for approval of display. However, a single localizer antenna the instruments and equipment, it must be and a single glide slope antenna may be used. shown that since the beginning of the 12th (2) A communications system that does not calendar month before the date of submis- affect the operation of at least one of the sion— ILS systems. (1) The ILS localizer and glide slope equip- (3) A marker beacon receiver that provides ment were bench checked according to the distinctive aural and visual indications of manufacturer’s instructions and found to the outer and the middle markers. meet those standards specified in RTCA (4) Two gyroscopic pitch and bank 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.

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(4) With the aircraft at an altitude of 200 tained by the applicant for the aircraft with feet or less, any abrupt change in terrain respect to each approach and made available representing no more than 10 percent of the to the Adninistrator upon request: aircraft’s altitude must not cause the altim- (i) Each deficiency in airborne instruments eter to unlock, and indicator response to and equipment that prevented the initiation such changes must not exceed 0.1 seconds of an approach. and, in addition, if the system unlocks for (ii) The reasons for discontinuing an ap- greater changes, it must reacquire the signal proach, including the altitude above the run- in less than 1 second. way at which it was discontinued. (5) Systems that contain a push-to-test (iii) Speed control at the 100-foot decision feature must test the entire system (with or without an antenna) at a simulated altitude height if auto throttles are used. of less than 500 feet. (iv) Trim condition of the aircraft upon (6) The system must provide to the flight disconnecting the auto coupler with respect crew a positive failure warning display any to continuation to flare and landing. time there is a loss of power or an absence of (v) Position of the aircraft at the middle ground return signals within the designed marker and at the decision height indicated range of operating altitudes. both on a diagram of the basic ILS display (d) Other instruments and equipment. All and a diagram of the runway extended to the other instruments and items of equipment middle marker. Estimated touchdown point required by § 2 of this appendix must be capa- must be indicated on the runway diagram. ble of performing as necessary for Category (vi) Compatibility of flight director with II operations. Approval is also required after the auto coupler, if applicable. each subsequent alteration to these instru- (vii) Quality of overall system perform- ments and items of equipment. ance. (e) Evaluation program—(1) Application. Ap- (4) Evaluation. A final evaluation of the proval by evaluation is requested as a part of flight control guidance system is made upon the application for approval of the Category successful completion of the demonstrations. II manual. If no hazardous tendencies have been dis- (2) Demonstrations. Unless otherwise au- played or are otherwise known to exist, the thorized by the Administrator, the evalua- system is approved as installed. tion program for each aircraft requires the demonstrations specified in this paragraph. 4. Maintenance program At least 50 ILS approaches must be flown with at least five approaches on each of (a) Each maintenance program must con- three different ILS facilities and no more tain the following: than one half of the total approaches on any (1) A list of each instrument and item of one ILS facility. All approaches shall be equipment specified in § 2 of this appendix flown under simulated instrument conditions that is installed in the aircraft and approved to a 100-foot decision height and 90 percent of for Category II operations, including the the total approaches made must be success- make and model of those specified in § 2(a). ful. A successful approach is one in which— (2) A schedule that provides for the per- (i) At the 100-foot decision height, the indi- formance of inspections under subparagraph cated airspeed and heading are satisfactory (5) of this paragraph within 3 calendar for a normal flare and landing (speed must be months after the date of the previous inspec- plus or minus 5 knots of programmed air- tion. The inspection must be performed by a speed, but may not be less than computed person authorized by part 43 of this chapter, threshold speed if autothrottles are used); except that each alternate inspection may be (ii) The aircraft at the 100-foot decision replaced by a functional flight check. This height, is positioned so that the cockpit is functional flight check must be performed within, and tracking so as to remain within, by a pilot holding a Category II pilot author- the lateral confines of the runway extended; ization for the type aircraft checked. (iii) Deviation from glide slope after leaving the outer marker does not exceed 50 per- (3) A schedule that provides for the percent of full-scale deflection as displayed on formance of bench checks for each listed in- the ILS indicator; strument and item of equipment that is spec- (iv) No unusual roughness or excessive at- ified in section 2(a) within 12 calendar titude changes occur after leaving the mid- months after the date of the previous bench dle marker; and check. (v) In the case of an aircraft equipped with (4) A schedule that provides for the per- an approach coupler, the aircraft is suffi- formance of a test and inspection of each ciently in trim when the approach coupler is static pressure system in accordance with disconnected at the decision height to allow appendix E to part 43 of this chapter within for the continuation of a normal approach 12 calendar months after the date of the pre- and landing. vious test and inspection. (3) Records. During the evaluation program (5) The procedures for the performance of the following information must be main- the periodic inspections and functional flight

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checks to determine the ability of each list- (b) In addition, each application for an au- ed instrument and item of equipment speci- thorization to exceed Mach 1 covered by sec- fied in section 2(a) of this appendix to per- tion 2(a) of this appendix must contain all form as approved for Category II operations information requested by the Administrator including a procedure for recording func- necessary to assist him in determining tional flight checks. whether the designation of a particular test (6) A procedure for assuring that the pilot area or issuance of a particular authoriza- is informed of all defects in listed instru- tion is a ‘‘major Federal action significantly ments and items of equipment. affecting the quality of the human environ- (7) A procedure for assuring that the condi- ment’’ within the meaning of the National tion of each listed instrument and item of Environmental Policy Act of 1969 (42 U.S.C. 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 overpressure will reach the surface outside of the part 145 of this chapter. designated test area. (2) It must consist of removal of an instru- (d) An application is denied if the Adminis- ment or item of equipment and performance trator finds that such action is necessary to of the following: protect or enhance the environment. (i) A visual inspection for cleanliness, im- pending failure, and the need for lubrication, Section 2. Issuance repair, or replacement of parts; (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 sonic boom characteristics of the airplane or request to extend the period for checks, to establish means of reducing or elimi- tests, and inspections is approved if it is nating the effects of sonic boom. shown that the performance of particular (3) The flight is necessary to demonstrate equipment justifies the requested extension. the conditions and limitations under which [Doc. No. 18334, 54 FR 34325, Aug. 18, 1989] speeds greater than a true flight Mach number of 1 will not cause a measurable sonic EFFECTIVE DATE NOTE: At 66 FR 41116, Aug. boom overpressure to reach the surface. 6, 2001, appendix A to part 91 was amended by (b) For a flight outside of a designated test removing paragraph 4(b)(1)(iii), effective Apr. area, an authorization to exceed Mach 1 may 6, 2003. be issued if the applicant shows conserv- atively under paragraph (a)(3) of this section APPENDIX B TO PART 91—AUTHORIZA- that— TIONS TO EXCEED MACH 1 (§ 91.817) (1) The flight will not cause a measurable sonic boom overpressure to reach the surface Section 1. Application when the aircraft is operated under condi- (a) An applicant for an authorization to ex- tions and limitations demonstrated under ceed Mach 1 must apply in a form and man- paragraph (a)(3) of this section; and ner prescribed by the Administrator and (2) Those conditions and limitations rep- must comply with this appendix. resent all foreseeable operating conditions.

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Section 3. Duration proximately 68 percent of the data and plus or minus 2 deviations encompasses approxi- (a) An authorization to exceed Mach 1 is ef- mately 95 percent. fective until it expires or is surrendered, or (b) The proportion of the total flight time until it is suspended or terminated by the spent by aircraft 30 NM (55.6 Km) or more off Administrator. Such an authorization may the cleared track shall be less than 5.3 × 10¥4 be amended or suspended by the Adminis- (less than 1 hour in 1,887 flight hours). trator at any time if the Administrator finds (c) The proportion of the total flight time that such action is necessary to protect the spent by aircraft between 50 NM and 70 NM environment. Within 30 days of notification (92.6 Km and 129.6 Km) off the cleared track of amendnent, the holder of the authoriza- shall be less than 13 × 10¥5 (less than 1 hour tion must request reconsideration or the in 7,693 flight hours.) amendnent becomes final. Within 30 days of notification of suspension, the holder of the Section 3 authorization must request reconsideration 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 [Doc. No. 18334, 54 FR 34327, Aug. 18, 1989, as without amendment if he finds that termi- amended by Amdt. 91–254, 62 FR 17487, Apr. 9, nation or amendnent is not necessary to pro- 1997] tect the environment. (b) Findings and actions by the Adminis- APPENDIX D TO PART 91—AIRPORTS/LO- trator under this section do not affect any CATIONS: SPECIAL OPERATING RE- certificate issued under title VI of the Fed- eral Aviation Act of 1958. STRICTIONS [Doc. No. 18334, 54 FR 34327, Aug. 18, 1989] Section 1. Locations at which the requirements 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 the following list: SPECIFICATIONS (MNPS) AIRSPACE Atlanta, GA (The William B. Hartsfield At- Section 1 lanta International Airport) Baltimore, MD (Baltimore Washington Inter- NAT MNPS airspace is that volume of air- national Airport) space between FL 285 and FL 420 extending Boston, MA (General Edward Lawrence between latitude 27 degrees north and the Logan International Airport) North Pole, bounded in the east by the east- Chantilly, VA (Washington Dulles Inter- ern boundaries of control areas Santa Maria national Airport) Oceanic, Shanwick Oceanic, and Reykjavik Charlotte, NC (Charlotte/Douglas Inter- Oceanic and in the west by the western national Airport) boundary of Reykjavik Oceanic Control Chicago, IL Chicago-O’Hare International Area, the western boundary of Gander Oce- Airport) anic Control Area, and the western boundary Cleveland, OH (Cleveland-Hopkins Inter- of New York Oceanic Control Area, excluding national Airport) the areas west of 60 degrees west and south Covington, KY (Cincinnati Northern Ken- of 38 degrees 30 minutes north. tucky International Airport) Section 2 Dallas, TX (Dallas/Fort Worth Regional Air- port) The navigation performance capability re- Denver, CO (Denver International Airport) quired for aircraft to be operated in the air- Detroit, MI (Metropolitan Wayne County space defined in section 1 of this appendix is Airport) as follows: Honolulu, HI (Honolulu International Air- (a) The standard deviation of lateral track port) errors shall be less than 6.3 NM (11.7 Km). Houston, TX (George Bush Intercontinental Standard deviation is a statistical measure Airport/Houston) of data about a mean value. The mean is zero Kansas City, KS (Mid-Continent Inter- nautical miles. The overall form of data is national Airport) such that the plus and minus 1 standard de- Las Vegas, NV (McCarran International Air- viation about the mean encompasses ap- port)

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Los Angeles, CA (Los Angeles International Houston, TX (George Bush Intercontinental Airport) Airport/Houston) Memphis, TN (Memphis International Air- Indianapolis, IN (Indianapolis International port) Airport) Miami, FL (Miami International Airport) Los Angeles, CA (Los Angeles International Minneapolis, MN (Minneapolis-St. Paul Airport) International Airport) Louisville, KY (Standiford Field) Newark, NJ (Newark International Airport) Memphis, TN (Memphis International Air- New Orleans, LA (New Orleans International port) Airport-Moisant Field) Miami, FL (Miami International Airport) New York, NY (John F. Kennedy Inter- Minneapolis, MN (Minneapolis-St. Paul national Airport) International Airport) New York, NY (LaGuardia Airport) Newark, NJ (Newark International Airport) Orlando, FL (Orlando International Airport) New York, NY (John F. Kennedy Inter- Philadelphia, PA (Philadelphia International national Airport) Airport) New York, NY (LaGuardia Airport) Phoenix, AZ (Phoenix Sky Harbor Inter- New Orleans, LA (New Orleans International national Airport) Airport-Moisant Field) Pittsburgh, PA (Greater Pittsburgh Inter- Philadelphia, PA (Philadelphia International national Airport) Airport) St. Louis, MO (Lambert-St. Louis Inter- Pittsburgh, PA (Greater Pittsburgh Inter- national Airport) national Airport) Salt Lake City, UT (Salt Lake City Inter- Portland, OR (Portland International Air- national Airport) port) San Diego, CA (San Diego International Air- San Francisco, CA (San Francisco Inter- port) national Airport) San Francisco, CA (San Francisco Inter- Seattle, WA (Seattle-Tacoma International national Airport) Airport) Seattle, WA (Seattle-Tacoma International St. Louis, MO (Lambert-St. Louis Inter- Airport) national 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 2. Airports at which the require- Section 4. Locations at which solo student ments of § 91.215(b)(5)(ii) apply. [Reserved] pilot activity is not permitted. Section 3. Locations at which fixed-wing Pursuant to § 91.131(b)(2), solo student pilot Special VFR operations are prohibited. operations are not permitted at any of the The Special VFR weather minimums of following airports. § 91.157 do not apply to the following air- Atlanta, GA (The William B. Hartsfield At- ports: lanta International Airport) 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) Dallas, TX (Love Field) [Amdt. 91–227, 56 FR 65661, Dec. 17, 1991, as Denver, CO (Denver International Airport) amended by Amdt. 91–235, 58 FR 51968, Oct. 5, Detroit, MI (Metropolitan Wayne County 1993; Amdt. 91–236, 59 FR 2918, Jan. 19, 1994; Airport) Amdt. 91–237, 59 FR 6547, Feb. 11, 1994; 59 FR Honolulu, HI (Honolulu International Air- 37667, July 25, 1994; Amdt. 91–258, 64 FR 66769, port) Nov. 30, 1999]

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EFFECTIVE DATE NOTE: By Amdt. 91–236, 59 March 9, 1994. By Amdt. 91–238, 59 FR 10958, FR 2918, Jan. 19, 1994, as corrected by Amdt. Mar. 9, 1994, the effective date was delayed to 91–237, 59 FR 6547, Feb. 11, 1994, appendix D to May 15, 1994. By Amdt. 91–241, 59 FR 24916, part 91 was amended in sections 1 and 3 in May 13, 1994, the effective date was sus- the Denver, CO entry by revising pended indefinitely. ‘‘Stapleton’’ to read ‘‘Denver’’ effective

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 indications Used for Aircraft Certifi- cation OR. Prop. speed and ...... 1 (prop Speed) ...... 1%3 Torque (Sam- 1 (torque) ...... 1% 3 ple Once/Sec as Close to- gether as Prac- ticable). Altitude Rate 2 (need ±8,000 fpm ...... ±10%. Resolution 250 1 ...... 250 fpm. below depends on altitude fpm below 12,000 ft. in- 12,000 resolution). dicated. Angle of Attack 2 ¥20° to 40° or 100% of ±2° ...... 1 ...... 0.8%3 (need depends on usable range. altitude resolution). Radio Transmitter On/Off ...... 1 ...... Keying (Discrete). TE Flaps (Discrete or Each discrete position (U, ...... 1 ...... Analog). D, T/O, AAP) OR. LE Flaps (Discrete or Analog 0–100% range ..... ±3% ...... 1 ...... 1%3 Analog). Each discrete position (U, ...... 1 ...... D, T/O, AAP) OR. Thrust Reverser, Analog 0–100% range ..... ±3° ...... 1 ...... 1%3 Each Engine (Dis- crete). Stowed or full reverse ...... Spoiler/Speedbrake Stowed or out ...... 1 ...... (Discrete).

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

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 recorded. 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]

APPENDIX F TO PART 91—HELICOPTER FLIGHT RECORDER SPECIFICATIONS

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

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

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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 (iii) The altitude limited by cruise thrust, REDUCED VERTICAL SEPARATION buffet, or other flight limitations. (2) The airspeed flight envelope extends: MINIMUM (RVSM) AIRSPACE (i) From the airspeed of the slats/flaps-up Section 1. Definitions maximum endurance (holding) airspeed, or the maneuvering airspeed, whichever is Reduced Vertical Separation Minimum lower; (RVSM) Airspace. Within RVSM airspace, air (ii) To the maximum operating airspeed traffic control (ATC) separates aircraft by a (Vmo/Mmo), or airspeed limited by cruise minimum of 1,000 feet vertically between thrust buffet, or other flight limitations, flight level (FL) 290 and FL 410 inclusive. whichever is lower. RVSM airspace is special qualification air- (3) All permissible gross weights within the space; the operator and the aircraft used by flight envelopes defined in paragraphs (1) and the operator must be approved by the Ad- (2) of this definition. ministrator. Air-traffic control notifies oper- (b) The basic RVSM flight envelope is the ators of RVSM by providing route planning same as the full RVSM flight envelope ex- information. Section 8 of this appendix iden- cept that the airspeed flight envelope ex- tifies airspace where RVSM may be applied. tends: RVSM Group Aircraft. Aircraft within a (1) From the airspeed of the slats/flaps-up group of aircraft, approved as a group by the maximum endurance (holding) airspeed, or Administrator, in which each of the aircraft the maneuver airspeed, whichever is lower; satisfy each of the following: (2) To the upper Mach/airspeed boundary (a) The aircraft have been manufactured to defined for the full RVSM flight envelope, or the same design, and have been approved a specified lower value not less than the under the same type certificate, amended long-range cruise Mach number plus .04 type certificate, or supplemental type cer- Mach, unless further limited by available tificate. cruise thrust, buffet, or other flight limita- (b) The static system of each aircraft is in- tions. stalled in a manner and position that is the same as those of the other aircraft in the Section 2. Aircraft Approval group. The same static source error correc- (a) An operator may be authorized to con- tion is incorporated in each aircraft of the duct RVSM operations if the Administrator group. finds that its aircraft comply with this sec- (c) The avionics units installed in each air- tion. craft to meet the minimum RVSM equip- (b) The applicant for authorization shall ment requirements of this appendix are: submit the appropriate data package for air- (1) Manufactured to the same manufac- craft approval. The package must consist of turer specification and have the same part at least the following: number; or (1) An identification of the RVSM aircraft (2) Of a different manufacturer or part group or the nongroup aircraft; number, if the applicant demonstrates that (2) A definition of the RVSM flight enve- the equipment provides equivalent system lopes applicable to the subject aircraft; performance. (3) Documentation that establishes compli- RVSM Nongroup Aircraft. An aircraft that ance with the applicable RVSM aircraft re- is approved for RVSM operations as an indi- quirements of this section; and vidual aircraft. (4) The conformity tests used to ensure RVSM Flight envelope. An RVSM flight en- that aircraft approved with the data package velope includes the range of Mach number, meet the RVSM aircraft requirements. weight divided by atmospheric pressure (c) Altitude-keeping equipment: All aircraft. ratio, and altitudes over which an aircraft is To approve an aircraft group or a nongroup approved to be operated in cruising flight aircraft, the Administrator must find that within RVSM airspace. RVSM flight enve- the aircraft meets the following require- lopes are defined as follows: ments: (a) The full RVSM flight envelope is bounded (1) The aircraft must be equipped with two as follows: operational independent altitude measure- (1) The altitude flight envelope extends ment systems. from FL 290 upward to the lowest altitude of (2) The aircraft must be equipped with at the following: least one automatic altitude control system (i) FL 410 (the RVSM altitude limit); that controls the aircraft altitude— (ii) The maximum certificated altitude for (i) Within a tolerance band of ±65 feet the aircraft; or about an acquired altitude when the aircraft

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is operated in straight and level flight under Administrator must find that the altimetry nonturbulent, nongust conditions; or system error (ASE) is contained as follows: (ii) Within a tolerance band of ±130 feet (1) At the point in the full RVSM flight en- under nonturbulent, nongust conditions for velope where mean ASE reaches its largest aircraft for which application for type cer- absolute value, the absolute value may not tification occurred on or before April 9, 1997 exceed 80 feet. that are equipped with an automatic altitude (2) At the point in the full RVSM flight en- control system with flight management/per- velope where mean ASE plus three standard formance system inputs. deviations reaches its largest absolute value, (3) The aircraft must be equipped with an the absolute value may not exceed 200 feet. altitude alert system that signals an alert (f) Altimetry system error containment: when the altitude displayed to the flight Nongroup aircraft. To approve a nongroup air- crew deviates from the selected altitude by craft, the Administrator must find that the more than: altimetry system error (ASE) is contained as (i) ±300 feet for aircraft for which applica- follows: tion for type certification was made on or (1) For each condition in the basic RVSM before April 9, 1997; or flight envelope, the largest combined abso- (ii) ±200 feet for aircraft for which applica- lute value for residual static source error tion for type certification is made after plus the avionics error may not exceed 160 April 9, 1997. feet. (d) Altimetry system error containment: Group (2) For each condition in the full RVSM aircraft for which application for type certifi- flight envelope, the largest combined abso- cation was made on or before April 9, 1997. To lute value for residual static source error approve group aircraft for which application plus the avionics error may not exceed 200 for type certification was made on or before feet. April 9, 1997, the Administrator must find (g) Traffic Alert and Collision Avoidance that the altimetry system error (ASE) is System (TCAS) Compatibility With RVSM contained as follows: Operations: All aircraft. After March 31, 2002, (1) At the point in the basic RVSM flight unless otherwise authorized by the Adminis- envelope where mean ASE reaches its largest trator, if you operate an aircraft that is absolute value, the absolute value may not equipped with TCAS II in RVSM airspace, it exceed 80 feet. must be a TCAS II that meets TSO C–119b (2) At the point in the basic RVSM flight (Version 7.0), or a later version. envelope where mean ASE plus three stand- (h) If the Administrator finds that the ap- ard deviations reaches its largest absolute plicant’s aircraft comply with this section, value, the absolute value may not exceed 200 the Administrator notifies the applicant in feet. writing. (3) At the point in the full RVSM flight en- Section 3. Operator Authorization velope where mean ASE reaches its largest absolute value, the absolute value may not (a) Authority for an operator to conduct exceed 120 feet. flight in airspace where RVSM is applied is (4) At the point in the full RVSM flight en- issued in operations specifications or a Let- velope where mean ASE plus three standard ter of Authorization, as appropriate. To issue deviations reaches its largest absolute value, an RVSM authorization, the Administrator the absolute value may not exceed 245 feet. must find that the operator’s aircraft have (5) Necessary operating restrictions. If the ap- been approved in accordance with Section 2 plicant demonstrates that its aircraft other- of this appendix and that the operator com- wise comply with the ASE containment replies with this section. quirements, the Administrator may estab- (b) An applicant for authorization to oper- lish an operating restriction on that appli- ate within RVSM airspace shall apply in a 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

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determine compliance with the RVSM air- Section 6. Reporting Altitude-Keeping Errors craft requirements. Each operator shall report to the Adminis- (iii) Procedures for returning noncompli- trator each event in which the operator’s ant aircraft to service. aircraft has exhibited the following altitude- (2) For an applicant who operates under keeping performance: part 121 or 135, initial and recurring pilot (a) Total vertical error of 300 feet or more; training requirements. (b) Altimetry system error of 245 feet or (3) Policies and Procedures. An applicant more; or who operates under part 121 or 135 shall sub- (c) Assigned altitude deviation of 300 feet mit RVSM policies and procedures that will or more. enable it to conduct RVSM operations safely. Section 7. Removal or Amendment of Authority (c) Validation and Demonstration. In a The Administrator may amend operations manner prescribed by the Administrator, the specifications to revoke or restrict an RVSM operator must provide evidence that: authorization, or may revoke or restrict an (1) It is capable to operate and maintain RVSM letter of authorization, if the Admin- each aircraft or aircraft group for which it istrator determines that the operator is not applies for approval to operate in RVSM air- complying, or is unable to comply, with this space; and appendix or subpart H of this part. Examples (2) Each pilot has an adequate knowledge of reasons for amendment, revocation, or re- of RVSM requirements, policies, and proce- striction include, but are not limited to, an dures. operator’s: (a) Committing one or more altitude-keep- Section 4. RVSM Operations ing errors in RVSM airspace; (a) Each person requesting a clearance to (b) Failing to make an effective and timely operate within RVSM airspace shall cor- response to identify and correct an altitude- rectly annotate the flight plan filed with air keeping error; or traffic control with the status of the oper- (c) Failing to report an altitude-keeping error. ator and aircraft with regard to RVSM approval. Each operator shall verify RVSM ap- Section 8. Airspace Designation plicability for the flight planned route through the appropriate flight planning in- (a) RVSM in the North Atlantic. (1) RVSM formation sources. may be applied in the NAT in the following (b) No person may show, on the flight plan ICAO Flight Information Regions (FIRs): filed with air traffic control, an operator or New York Oceanic, Gander Oceanic, aircraft as approved for RVSM operations, or Sondrestrom FIR, Reykjavik Oceanic, operate on a route or in an area where RVSM Shanwick Oceanic, and Santa Maria Oceanic. approval is required, unless: (2) RVSM may be effective in the Minimum Navigation Performance Specification (1) The operator is authorized by the Ad- (MNPS) airspace within the NAT. The MNPS ministrator to perform such operations; and airspace within the NAT is defined by the (2) The aircraft has been approved and volume of airspace between FL 285 and FL complies with the requirements of Section 2 420 (inclusive) extending between latitude 27 of this appendix. degrees north and the North Pole, bounded Section 5. Deviation Authority Approval in the east by the eastern boundaries of control areas Santa Maria Oceanic, Shanwick The Administrator may authorize an air- Oceanic, and Reykjavik Oceanic and in the craft operator to deviate from the require- west by the western boundaries of control ments of § 91.706 for a specific flight in RVSM areas Reykjavik Oceanic, Gander Oceanic, airspace if that operator has not been ap- and New York Oceanic, excluding the areas proved in accordance with Section 3 of this west of 60 degrees west and south of 38 de- appendix, and if: grees 30 minutes north. (2) The operator submits an appropriate re- (b) RVSM in the Pacific. (1) RVSM may be quest with the air traffic control center con- applied in the Pacific in the following ICAO trolling the airspace, (request should be Flight Information Regions (FIRs): Anchor- made at least 48 hours in advance of the op- age Arctic, Anchorage Continental, Anchor- eration unless prevented by exceptional cir- age Oceanic, Auckland Oceanic, Brisbane, cumstances); and Edmonton, Honiara, Los Angeles, Melbourne, (b) At the time of filing the flight plan for Nadi, Naha, Nauru, New Zealand, Oakland, that flight, ATC determines that the aircraft Oakland Oceanic, Port Moresby, Seattle, Ta- may be provided appropriate separation and hiti, Tokyo, Ujung Pandang and Vancouver. that the flight will not interfere with, or im- (c) RVSM in the West Atlantic Route System pose a burden on, the operations of operators (WATRS). RVSM may be applied in the New who have been approved for RVSM oper- York FIR portion of the West Atlantic Route ations in accordance with Section 3 of this System (WATRS). The area is defined as be- appendix. ginning at a point 38°30′ N/60°00′W direct to

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38°30′N/69°15′ W direct to 38°20′ N/69°57′ W di- 93.123 High density traffic airports. rect to 37°31′ N/71°41′ W direct to 37°13′ N/72°40′ 93.125 Arrival or departure reservation. W direct to 35°05′ N/72°40′ W direct to 34°54′ N/ 93.129 Additional operations. 72°57′ W direct to 34°29′ N/73°34′ W direct to 93.130 Suspension of allocations. 34°33′ N/73°41′ W direct to 34°19′ N/74°02′ W di- 93.133 Exceptions. rect to 34°14′ N/73°57′ W direct to 32°12′ N/76°49′ W direct to 32°20′ N/77°00′ W direct to 28°08′ N/ Subpart L [Reserved] 77°00′ W direct to 27°50′ N/76°32′ W direct to 27°50′ N/74°50′ W direct to 25°00′ N/73°21′ W di- Subpart M—Ketchikan International Airport rect to 25°00′05′ N/69°13′06′ W direct to 25°00′ N/ Traffic Rule 69°07′ W direct to 23°30′ N/68°40′ W direct to 23°30′ N/60°00′ W to the point of beginning. 93.151 Applicability. [Doc. No. 28870, 62 FR 17487, Apr. 9, 1997, as 93.153 Communications. amended by Amdt. 91–261, 65 FR 5942, Feb. 7, 93.155 Aircraft operations. 2000; Amdt. 91–271, 66 FR 63895, Dec. 10, 2001] Subparts N–R [Reserved] PART 93—SPECIAL AIR TRAFFIC Subpart S—Allocation of Commuter and RULES AND AIRPORT TRAFFIC Air Carrier IFR Operations at High Den- PATTERNS sity Traffic Airports 93.211 Applicability. SPECIAL FEDERAL AVIATION REGULATION 93.213 Definitions and general provisions. SFAR NO. 60 [NOTE] 93.215 Initial allocation of slots. 93.217 Allocation of slots for international Subpart A—General operations and applicable limitations. Sec. 93.218 Slots for transborder service to and 93.1 Applicability. from Canada. 93.219 Allocation of slots for essential air Subparts B–C [Reserved] service operations and applicable limitations. Subpart D—Anchorage, Alaska, Terminal 93.221 Transfer of slots. Area 93.223 Slot withdrawal. 93.224 Return of slots. 93.51 Applicability. 93.225 Lottery of available slots. 93.53 Description of area. 93.226 Allocation of slots in low-demand pe- 93.55 Subdivision of Terminal Area. riods. 93.57 General rules: All segments. 93.227 Slot use and loss. 93.59 General rules: International segment. 93.61 General rules: Lake Hood segment. Subpart T—Washington National Airport 93.63 General rules: Merrill segment. Traffic Rules 93.65 General rules: Elmendorf segment. 93.67 General rules: Bryant segment. 93.251 Applicability. 93.68 General rules: Seward Highway seg- 93.253 Nonstop operations. ment. 93.69 Special requirements, Lake Campbell Subpart U—Special Flight Rules in the Vi- and Sixmile Lake Airports. cinity of Grand Canyon National Park, AZ Subpart E [Reserved] 93.301 Applicability. Subpart F—Valparaiso, Florida, Terminal 93.303 Definitions. Area 93.305 Flight-free zones and flight corridors. 93.307 Minimum flight altitudes. 93.81 Applicability and description of area. 93.309 General operating procedures. 93.83 Aircraft operations. 93.311 Minimum terrain clearance. 93.313 Communications. Subparts G–I [Reserved] 93.315 Requirements for commercial Special Flight Rules Area operations. Subpart J—Lorain County Regional Airport 93.316 [Reserved] Traffic Rule 93.317 Commercial Special Flight Rules 93.117 Applicability. Area operation curfew. 93.119 Aircraft operations. 93.319 Commercial air tour limitations. 93.321 Transfer and termination of alloca- Subpart K—High Density Traffic Airports tions. 93.323 Flight plans. 93.121 Applicability. 93.325 Quarterly reporting.

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APPENDIX TO SUBPART U—SPECIAL FLIGHT national ATCT; thence north to inter- RULES IN THE VICINITY OF THE GRAND cept the 5.2-mile arc centered on the CANYON NATIONAL PARK, AZ geographical center of Anchorage, AUTHORITY: 49 U.S.C. 106(g), 40103, 40106, Alaska, ATCT; thence counter- 40109, 40113, 44502, 44514, 44701, 44719, 46301. clockwise along that arc to its intersection with a line bearing 180° from SPECIAL FEDERAL AVIATION REGULATION the intersection of the new Seward NO. 60 Highway and International Airport Road; thence due north to O’Malley EDITORIAL NOTE: For the text of SFAR No. Road; thence east along O’Malley Road 60, see part 91 of this chapter. to its intersection with Lake Otis Parkway; thence northerly along Lake Subpart A—General Otis Parkway to its intersection with Abbott Road; thence east along Abbott § 93.1 Applicability. Road to its intersection with Abbott (a) This part prescribes special air- Loop Road; thence north to its inter- port traffic patterns and airport traffic section with Tudor Road; thence eas- areas. It also prescribes special air terly along Tudor Road to its intersec- traffic rules for operating aircraft in tion with Muldoon Road; thence north- those traffic patterns and traffic areas erly along Muldoon Road to the inter- and in the vicinity of airports de- section of the Glenn Highway; thence scribed in this part. north and east along the Glenn High- (b) Unless otherwise authorized by way to Ski Bowl Road; thence south- ATC, each person operating an aircraft east along the Ski Bowl Road to a shall do so in accordance with the spe- point one-half mile south of the Glenn cial air traffic rules in this part in ad- Highway; thence north and east one- dition to other applicable rules in part half mile south of and parallel to the 91 of this chapter. Glenn Highway to its intersection with [Doc. No. 1580, 28 FR 6715, June 29, 1963, as a line one-half mile east of and parallel amended by Amdt. 93–10, 33 FR 4096, Mar. 2, to the Bryant Airport Runway 16/34 ex- 1968; Amdt. 93–15, 34 FR 2603, Feb. 26, 1969; tended centerline; thence northeast Amdt. 93–33, 41 FR 14879, Apr. 8, 1976; Amdt. along a line one-half mile east of and 93–64, 56 FR 65662, Dec. 17, 1991] parallel to Bryant Airport Runway 16/ 34 extended centerline to lat. Subparts B–C [Reserved] 61°17′13″N., long. 149°37′35″W.; thence west along lat. 61°17′13″N., to long. Subpart D—Anchorage, Alaska, 149°43′08″W.; thence north along long. Terminal Area 149°43′08″W., to lat. 61°17′30″N.; thence to lat. 61°17′58″N., long 149°44′08″W.; thence to lat. 61°19′10″N., long. SOURCE: Docket No. 29029, 64 FR 14976, Mar. 149°46′44″W.; thence north along long. 29, 1999, unless otherwise noted. 149°46′44″W., to intercept the 4.7-mile § 93.51 Applicability. radius arc centered on Elmendorf Air Force Base (AFB), Alaska; thence This subpart prescribes special air counterclockwise along the 4.7-mile ra- traffic rules and traffic patterns for dius arc to its intersection with the aircraft operating in the Anchorage, west bank of Knik Arm; thence south- Alaska, Terminal Area. erly along the west bank of Knik Arm to the point of beginning. § 93.53 Description of area. The Anchorage, Alaska, Terminal [Doc. No. 29029, 64 FR 14976, Mar. 29, 1999; Area is designated as that airspace ex- Amdt. 93–77, 64 FR 17439, Apr. 9, 1999] tending upward from the surface to the § 93.55 Subdivision of Terminal Area. upper limit of each of the segments described in § 93.55. It is bounded by a line The Anchorage, Alaska, Terminal beginning at Point MacKenzie, extend- Area is subdivided as follows: ing westerly along the bank of Knik (a) International segment. That area Arm to a point intersecting the 350° from the surface to and including 4,100 bearing from the Anchorage Inter- feet MSL, within a 5.2-mile radius of

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the Anchorage International ATCT; ex- rect to the mouth of Ship Creek; cluding that airspace east of the 350° thence direct to the point of beginning. bearing from the Anchorage Inter- (e) Bryant segment. That area from national ATCT and north of the 090° the surface to and including 2,000 feet bearing from the Anchorage Inter- MSL, within a line beginning at lat. national ATCT and east of a line bear- 61°17′13″N., long. 149°37′35″W.; thence ing 180° and 360° from the intersection west along lat. 61°17′13″N., to long. of the new Seward Highway and Inter- 149°43′08″W.; thence south along long. national Airport Road and the airspace 149°43′08″W., to the Glenn Highway; extending upward from the surface to thence north and east along the Glenn but not including 600 feet MSL, south Highway to Ski Bowl Road; thence of lat. 61°08′28″N. southeast along the Ski Bowl Road to a point one-half mile south of the (b) Merrill segment. That area from Glenn Highway; thence north and east the surface to and including 2,500 feet one-half mile south of and parallel to MSL, within a line beginning at Point the Glenn Highway to its intersection Noname; thence direct to the mouth of with a line one-half mile east of and Ship Creek; thence direct to the inter- parallel to the Bryant Airport Runway section of the Glenn Highway and 16/34 extended centerline; thence north- Muldoon Road; thence south along east along a line one-half mile east of Muldoon Road to Tudor Road; thence and parallel to Bryant Airport runway west along Tudor Road to the new Sew- 16/34 extended centerline to the point of ard Highway; thence direct to West An- beginning. chorage High School; thence direct to (f) Seward Highway segment. That Point MacKenzie; thence via the north area from the surface to and including bank of Knik Arm to the point of be- 4,100 feet MSL, within a line beginning ginning. at the intersection of a line bearing (c) Lake Hood segment. That area from 180° from the intersection of the new the surface to and including 2,500 feet Seward Highway and International Air- MSL, within a line beginning at Point port Road, and O’Malley Road; thence MacKenzie; thence direct to West An- east along O’Malley Road to its inter- chorage High School; thence direct to section with Lake Otis Park Way, lat. the intersection of Tudor Road and the 61°07′23″N., long 149°50′03″W.; thence new Seward Highway; thence south northerly along Lake Otis Park Way to along the new Seward Highway to the its intersection with Abbott Road, lat. 090° bearing from the Anchorage Inter- 61°08′14″N., long. 149°50′03″W.; thence national ATCT; thence west direct to east along Abbott Road to its intersec- the Anchorage International ATCT; tion with Abbott Loop Road, lat. thence north along the 350° bearing 61°08′14″N., long. 149°48′16″W.; thence from the Anchorage International due north to intersect with Tudor ATCT to the north bank of Knik arm; Road, lat. 61°10′51″N., long. 149°48′16″W.; thence via the north bank of Knik Arm thence west along Tudor Road to its to the point of beginning. intersection with the new Seward (d) Elmendorf segment. That area from Highway, lat. 61°10′51″N., long. the surface to and including 3,000 feet 149°51′38″W.; thence south along the MSL, within a line beginning at Point new Seward Highway to its intersec- Noname; thence via the north bank of tion with a line bearing 180° and 360° Knik Arm to the intersection of the from the intersection of the new Sew- 4.7-mile radius of Elmendorf AFB; ard Highway and International Airport thence clockwise along the 4.7-mile ra- Road; thence south to the point of be- dius of Elmendorf AFB to long. ginning. 149°46′44″W.; thence south along long. [Doc. No. 29029, 64 FR 14976, Mar. 29, 1999; 149°46′44″W. to lat. 61°19′10″N.; thence to Amdt. 93–77, 64 FR 17439, Apr. 9, 1999] lat. 61°17′58″N., long. 149°44′08″W.; thence to lat. 61°17′30″N., long. § 93.57 General rules: All segments. 149°43′08″W.; thence south along long. (a) Each person operating an aircraft 149°43′08″W. to the Glenn Highway; to, from, or on an airport within the thence south and west along the Glenn Anchorage, Alaska, Terminal Area Highway to Muldoon Road; thence di- shall operate that aircraft according to

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the rules set forth in this section and (b) Each person operating an airplane §§ 93.59, 93.61, 93.63, 93.65, 93.67, or 93.68 within this segment (except that part as applicable, unless otherwise author- described in paragraph (a) of this sec- ized or required by ATC. tion) shall operate that airplane at an (b) Each person operating an airplane altitude of at least 600 feet MSL until within the Anchorage, Alaska Ter- maneuvering for a safe landing requires minal Area shall conform to the flow of further descent. traffic depicted on the appropriate aeronautical charts. § 93.63 General rules: Merrill segment. (c) Each person operating a heli- (a) No person may operate an aircraft copter shall operate it in a manner so at an altitude between 600 feet MSL as to avoid the flow of airplanes. and 2,000 feet MSL in that portion of (d) Except as provided in § 93.65 (d) this segment lying north of the and (e), and § 93.67(b), each person oper- midchannel of Knik Arm. ating an aircraft in the Anchorage, (b) Each person operating an airplane Alaska, Terminal Area shall operate at a speed of more than 105 knots with- that aircraft only within the des- in this segment (except for that part ignated segment containing the arrival described in paragraph (a) of this sec- or departure airport. tion) shall operate that airplane at an (e) Except as provided in §§ 93.63(d) altitude of at least 1,200 feet MSL until and 93.67(b), each person operating an maneuvering for a safe landing requires aircraft in the Anchorage, Alaska, Ter- further descent. minal Area shall maintain two-way (c) Each person operating an airplane radio communications with the ATCT at a speed of 105 knots or less within serving the segment containing the ar- this segment (except for that part de- rival or departure airport. scribed in paragraph (a) of this section) shall operate that airplane at an alti- § 93.59 General rules: International tude of at least 900 feet MSL until ma- segment. neuvering for a safe landing requires (a) No person may operate an aircraft further descent. at an altitude between 1,200 feet MSL (d) Whenever the Merrill ATCT is not and 2,000 feet MSL in that portion of operating, each person operating an this segment lying north of the aircraft either in that portion of the midchannel of Knik Arm. Merrill segment north of midchannel of (b) Each person operating an airplane Knik Arm, or in the Seward Highway at a speed of more than 105 knots with- segment at or below 1200 feet MSL, in this segment (except that part de- shall contact Anchorage Approach Con- scribed in paragraph (a) of this section) trol for wake turbulence and other shall operate that airplane at an alti- advisories. Aircraft operating within tude of at least 1,600 feet MSL until the remainder of the segment should maneuvering for a safe landing requires self-announce intentions on the Merrill further descent. Field CTAF. (c) Each person operating an airplane at a speed of 105 knots or less within § 93.65 General rules: Elmendorf seg- this segment (except that part de- ment. scribed in paragraph (a) of this section) (a) Each person operating a turbine- shall operate that airplane at an alti- powered aircraft within this segment tude of at least 900 feet MSL until ma- shall operate that aircraft at an alti- neuvering for a safe landing requires tude of at least 1,700 feet MSL until further descent. maneuvering for a safe landing requires further descent. § 93.61 General rules: Lake Hood seg- (b) Each person operating an airplane ment. (other than turbine-powered aircraft) (a) No person may operate an aircraft at a speed of more than 105 knots with- at an altitude between 1,200 feet MSL in this segment shall operate that air- and 2,000 feet MSL in that portion of plane at an altitude of at least 1,200 this segment lying north of the feet MSL until maneuvering for a safe midchannel of Knik Arm. landing requires further descent.

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(c) Each person operating an airplane transition to or from the Lake Hood or (other than turbine-powered aircraft) Merrill segment shall contact the ap- at a speed of 105 knots or less within propriate ATCT prior to entering the the segment shall operate that airplane Seward Highway segment. All other at an altitude of at least 800 feet MSL persons operating an airplane at or until maneuvering for a safe landing below 1,200 feet MSL in this segment requires further descent. shall contact Anchorage Approach Con- (d) A person landing or departing trol. from Elmendorf AFB, may operate that (c) At all times, each person oper- aircraft at an altitude between 1,500 ating an aircraft above 1,200 MSL shall feet MSL and 1,700 feet MSL within contact Anchorage Approach Control that portion of the International and prior to entering the Seward Highway Lake Hood segments lying north of the segment. midchannel of Knik Arm. (e) A person landing or departing § 93.69 Special requirements, Lake from Elmendorf AFB, may operate that Campbell and Sixmile Lake Air- aircraft at an altitude between 900 feet ports. MSL and 1,700 feet MSL within that Each person operating an aircraft to portion of the Merrill segment lying or from Lake Campbell or Sixmile north of the midchannel of Knik Arm. Lake Airport shall conform to the flow (f) A person operating in VFR condi- of traffic for the Lake operations that tions, at or below 600 feet MSL, north are depicted on the appropriate aero- of a line beginning at the intersection nautical charts. of Farrell Road and the long. 149°43′08″W.; thence west along Farrell Subpart E [Reserved] Road to the east end of Sixmile Lake; thence west along a line bearing on the middle of Lake Lorraine to the north- Subpart F—Valparaiso, Florida, west bank of Knik Arm; is not required Terminal Area to establish two-way radio communications with ATC. § 93.81 Applicability and description of area. [Doc. No. 29029, 64 FR 14977, Mar. 29, 1999; (a) This subpart prescribes the Amdt. 93–77, 64 FR 17439, Apr. 9, 1999] Valparaiso, Florida Terminal Area, and § 93.67 General rules: Bryant segment. the special air traffic rules for operating aircraft within that Area. (a) Each person operating an airplane (b) The Valparaiso, Florida Terminal to or from the Bryant Airport shall Area is designated as follows: conform to the flow of traffic shown on (1) North-South Corridor. The North- the appropriate aeronautical charts, South Corridor includes the airspace and while in the traffic pattern, shall extending upward from the surface up operate that airplane at an altitude of to, but not including, 18,000 feet MSL, at least 1,000 feet MSL until maneu- bounded by a line beginning at: vering for a safe landing requires further descent. Latitude 30°42′51″ N., Longitude 86°38′02″ W.; (b) Each person operating an aircraft to ° ′ ″ ° ′ ″ within the Bryant segment should self- Latitude 30 43 18 N., Longitude 86 27 37 W.; to announce intentions on the Bryant Latitude 30°37′01″ N., Longitude 86°27′37″ W.; Airport CTAF. to Latitude 30°37′01″ N., Longitude 86°25′30″ W.; § 93.68 General rules: Seward Highway to segment. Latitude 30°33′01″ N., Longitude 86°25′30″ W.; (a) Each person operating an airplane to in the Seward Highway segment shall Latitude 30°33′01″ N., Longitude 86°25′00″ W.; operate that airplane at an altitude of to ° ′ ″ ° ′ ″ at least 1,000 feet MSL unless maneu- Latitude 30 25 01 N., Longitude 86 25 00 W.; to vering for a safe landing requires fur- Latitude 30°25′01″ N., Longitude 86°38′12″ W.; ther descent. to (b) Each person operating an aircraft Latitude 30°29′02″ N., Longitude 86°38′02″ W.; at or below 1,200 feet MSL that will to point of beginning.

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(2) East-West Corridor—The East- (1) Before operating within the cor- West Corridor is divided into three sec- ridor, that person obtains a clearance tions to accommodate the different al- from the Eglin Radar Control Facility titudes as portions of the corridor un- or an appropriate FAA ATC facility; derlie restricted areas R–2915C, R– and 2919B, and R–2914B. (2) That person maintains two-way (i) The west section would include radio communication with the Eglin that airspace extending upward from Radar Control Facility or an appro- the surface to but not including 8,500 priate FAA ATC facility while within feet MSL, bounded by a line beginning the corridor. at: Latitude 30°22′47″ N., Longitude (b) East-West Corridor. Unless other- 86°51′30″ W.: then along the shoreline to Latitude 30°23′46″ N., Longitude 86°38′15″ wise authorized by ATC (including the W.; to Latitude 30°20′51″ N., Longitude Eglin Radar Control Facility), no per- 86°38′50″ W.; then 3 NM from and par- son may operate an aircraft in flight allel to the shoreline to Latitude within the East-West Corridor des- 30°19′31″ N., Longitude 86°51′30″ W.; to ignated in § 93.81(b)(2) unless— the beginning. (1) Before operating within the cor- (ii) The center section would include ridor, that person establishes two-way that airspace extending upward from radio communications with Eglin the surface to but not including 18,000 Radar Control Facility or an appro- feet MSL, bounded by a line beginning priate FAA ATC facility and receives at: an ATC advisory concerning operations Latitude 30°25′01″ N., Longitude 86°38′12″ W.; being conducted therein; and to (2) That person maintains two-way Latitude 30°25′01″ N., Longitude 86°25′00″ W.; radio communications with the Eglin to Radar Control Facility or an appro- ° ′ ″ ° ′ ″ Latitude 30 25 01 N., Longitude 86 22 26 W.; priate FAA ATC facility while within to Latitude 30°19′46″ N., Longitude 86°23′45″ W.; the corridor. then 3 NM from and parallel to the shore- [Amdt. 93–70, 59 FR 46155, Sept. 6, 1994] line to Latitude 30°20′51″ N., Longitude 86°38′50″ W.; to Latitude 30°23′46″ N., Subparts G–I [Reserved] Longitude 86°38′15″ W.; to the beginning. (iii) The east section would include Subpart J—Lorain County that airspace extending upward from Regional Airport Traffic Rule the surface to but not including 8,500 feet MSL, bounded by a line beginning § 93.117 Applicability. at: This subpart prescribes a special air Latitude 30°25′01″ N., Longitude 86°22′26″ W.; traffic rule for the Lorain County Re- to gional Airport, Lorain County, OH. Latitude 30°22′01″ N., Longitude 86°08′00″ W.; to [Doc. No. 8669, 33 FR 11749, Aug. 20, 1968] Latitude 30°19′16″ N., Longitude 85°56′00″ W.; to § 93.119 Aircraft operations. Latitude 30°11′01″ N., Longitude 85°56′00″ W.; then 3 NM from and parallel to the shore- Each person piloting an airplane line to Latitude 30°19′46″ N., Longitude landing at the Lorain County Regional 86°23′45″ W.; to the beginning. Airport shall enter the traffic pattern [Amdt. 93–70, 59 FR 46154, Sept. 6, 1994] north of the airport and shall execute a right traffic pattern for a landing to § 93.83 Aircraft operations. the southwest or a left traffic pattern (a) North-South Corridor. Unless oth- for a landing to the northeast. Each erwise authorized by ATC (including person taking off from the airport shall the Eglin Radar Control Facility), no execute a departure turn to the north person may operate an aircraft in as soon as practicable after takeoff. flight within the North-South Corridor [Doc. No. 8669, 33 FR 11749, Aug. 20, 1968] designated in § 93.81(b)(1) unless—

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(a) Exceed 26 for air carriers, 7 for commuters and 3 for Subpart K—High Density Traffic ‘‘other’’ during any 30-minute period. Airports (b) Exceed 48 for air carriers, 14 for commuters, and 6 for ‘‘other’’ in any two consecutive 30-minute periods. 5 Pursuant to bilateral agreement, 14 slots at LaGuardia and § 93.121 Applicability. 24 slots at O’Hare are allocated to the Canadian carriers. These slots are excluded from the hourly quotas set forth in This subpart designates high density § 93.123 above. traffic airports and prescribes air traf- (b) The following exceptions apply to fic rules for operating aircraft, other the allocations of reservations pre- than helicopters, to or from those air- scribed in paragraph (a) Of this section. ports. (1) The allocations of resevations [Doc. No. 9974, 35 FR 16592, Oct. 24, 1970, as among the several classes of users do amended by Amdt. 93–27, 38 FR 29464, Oct. 25, not apply from 12 midnight to 6 a.m. 1973] local time, but the totala hourly limitation remains applicable. § 93.123 High density traffic airports. (2) [Reserved] (a) Each of the following airports is (3) The allocation of 37 IFR reserva- designated as a high density traffic air- tions per hour for air carriers except port and, except as provided in § 93.129 commuters at Washington National and paragraph (b) of this section, or Airport does not include charter unless otherwise authorized by ATC, is flights, or other nonscheduled flights of limited to the hourly number of allo- scheduled or supplemental air carriers. cated IFR operations (takeoffs and These flights may be conducted with- landings) that may be reserved for the out regard to the limitation of 37 IFR specified classes of users for that air- reservations per hour. port: (4) The allocation of IFR reservations for air carriers except commuters at IFR OPERATIONS PER HOUR LaGuardia, Newark, O’Hare, and Wash- ington National Airports does not in- AIRPORT clude extra sections of scheduled Ronald flights. The allocation of IFR reserva- 4 2 Class of user LaGuardia , Newark O’Hare , Reagan tions for scheduled commuters at 5 3, 5 Na- tional 1 Washington National Airport does not include extra sections of scheduled Air carriers .. 48 40 120 37 flights. These flights may be conducted Commuters 14 10 25 11 Other ...... 6 10 10 12 without regard to the limitation upon the hourly IFR reservations at those airports. JOHN F. KENNEDY (5) Any reservation allocated to, but Air carriers Commuters Other not taken by, air carrier operations (except commuters) is available for a 1500 ...... 69 15 2 1600 ...... 74 12 2 scheduled commuter operation. 1700 ...... 80 13 0 (6) Any reservation allocated to, but 1800 ...... 75 10 2 not taken by, air carrier operations 1900 ...... 63 12 2 (except commuters) or scheduled com- 1 Washington National Airport operations are subject to muter operations is available for other modifications per Section 93.124. 2 The hour period in effect at O’Hare begins at 6:45 a.m. operations. and continues in 30-minute increments until 9:15 p.m. (c) For purposes of this subpart— 3 Operations at O’Hare International Airport shall not— (a) Except as provided in paragraph (c) of the note, exceed (1) The number of operations allo- 62 for air carriers and 13 for commuters and 5 for ‘‘other’’ dur- cated to air carriers except commuters, as ing any 30-minute period beginning at 6:45 a.m. and continuing every 30 minutes thereafter. used in paragraph (a) of this section re- (b) Except as provided in paragraph (c) of the note, exceed fers to the number of operations con- more than 120 for air carriers, 25 for commuters, and 10 for ‘‘other’’ in any two consecutive 30-minute periods. ducted by air carriers with turboprop (c) For the hours beginning at 6:45 a.m., 7:45 a.m., 11:45 and reciprocating engine aircraft hav- a.m., 7:45 p.m. and 8:45 p.m., the hourly limitations shall be 105 for air carriers, 40 for commuters and 10 for ‘‘other,’’ and ing a certificated maximum passenger the 30-minute limitations shall be 55 for air carriers, 20 for seating capacity of 75 or more or with commuters and 5 for ‘‘other.’’ For the hour beginning at 3:45 p.m., the hourly limitations shall be 115 for air carriers, 30 for turbojet powered aircraft having a cer- commuters and 10 for ‘‘others’’, and the 30-minute limitations tificated maximum passenger seating shall be 60 for air carriers, 15 for commuters and 5 for ‘‘other.’’ capacity of 56 or more, or, if used for 4 Operations at LaGuardia Airport shall not— cargo service in air transportation,

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with any aircraft having a maximum allocated for the airport for which the payload capacity of 18,000 pounds or reservations is requested. more. (b) VFR. The operator of an aircraft (2) The number of operations allo- may take off and land the aircraft cated to scheduled commuters, as used in under VFR at a designated high den- paragraph (a) of this section, refers to sity traffic airport without regard to the number of operations conducted by the maximum number of operations al- air carriers with turboprop and recipro- located for that airport if the operation cating engine aircraft having a certifi- is not a scheduled operation to or from cated maximum passenger seating ca- a high density airport and he obtains a pacity of less than 75 or by turbojet departure or arrival reservation, as ap- aircraft having a certificated max- propriate, from ATC. The reservation imum passenger seating capacity of is granted by ATC whenever the air- less than 56, or, if used for cargo serv- craft may be accommodated without ice in air transportation, with any air- significant additional delay to the op- craft having a maximum payload ca- erations allocated for the airport for pacity of less than 18,000 pounds. which the reservation is requested and (3) Notwithstanding the provisions of the ceiling reported at the airport is at paragraph (c)(2) of this section, a lim- least 1,000 feet and the ground visi- ited number of operations allocated for ‘‘scheduled commuters’’ under para- bility reported at the airport is at least graph (a) of this section may be con- 3 miles. ducted with aircraft described in (c) For the purpose of this section a § 93.221(e) of this part pursuant to the scheduled operation to or from the high requirements of § 93.221(e). density airport is any operation regularly conducted by an air carrier or [Doc. No. 9113, 34 FR 2603, Feb. 26, 1969, as commuter between a high density air- amended by Amdt. 93–37, 45 FR 62408, Sept. 18, 1980; Amdt. 93–44, 46 FR 58048, Nov. 27, port and another point regularly served 1981; Amdt. 93–46, 49 FR 8244, Mar. 6, 1984; by that operator unless the service is Amdt. 93–57, 54 FR 34906, Aug. 22, 1989; 54 FR conducted pursuant to irregular char- 37303, Sept. 8, 1989; Amdt. 93–59, 54 FR 39843, ter or hiring of aircraft or is a nonpas- Sept. 28, 1989; Amdt. 93–62, 56 FR 41207, Aug. senger flight. 19, 1991; Amdt. 93–78, 64 FR 53564, Oct. 1, 1999] (d) An aircraft operator must obtain an IFR reservation in accordance with § 93.125 Arrival or departure reservation. procedures established by the Adminis- trator. For IFR flights to or from a Except between 12 Midnight and 6 high density airport, reservations for a.m. local time, no person may operate takeoff and arrival shall be obtained an aircraft to or from an airport des- prior to takeoff. ignated as a high density traffic airport unless he has received, for that op- [Doc. No. 9113, 34 FR 2603, Feb. 26, 1969, as eration, an arrival or departure res- amended by Amdt. 93–25, 37 FR 22794, Oct. 25, ervation from ATC. 1972; Amdt. 93–44, 46 FR 58049, Nov. 27, 1981; Amdt. 93–46, 49 FR 8244, Mar. 6, 1984] [Doc. No. 9974, 37 FR 22794, Oct. 25, 1972] § 93.130 Suspension of allocations. § 93.129 Additional operations. (a) IFR. The operator of an aircraft The Administrator may suspend the may take off or land the aircraft under effectiveness of any allocation pre- IFR at a designated high density traf- scribed in § 93.123 and the reservation fic airport without regard to the max- requirements prescribed in § 93.125 if he imum number of operations allocated finds such action to be consistent with for that airport if the operation is not the efficient use of the airspace. Such a scheduled operation to or from a high suspension may be terminated when- density airport and he obtains a depar- ever the Administrator determines ture or arrival reservation, as appro- that such action is necessary for the ef- priate, from ATC. The reservation is ficient use of the airspace. granted by ATC whenever the aircraft [Doc. No. 9974, 35 FR 16592, Oct. 24, 1970, as may be accommodated without signifi- amended by Amdt. 93–21, 35 FR 16636, Oct. 27, cant additional delay to the operations 1970; Amdt. 93–27, 38 FR 29464, Oct. 25, 1973]

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§ 93.133 Exceptions. national Airport, unless that person Except as provided in § 93.130, the pro- continuously monitors and commu- visions of §§ 93.123 and 93.125 do not nicates, as appropriate, on the des- apply to— ignated common traffic advisory fre- (a) The Newark Airport, Newark, NJ; quency as follows: (b) The Kennedy International Air- (1) For inbound flights. Announces po- port, New York, NY, except during the sition and intentions when no less than hours from 3 p.m. through 7:59 p.m., 10 miles from Ketchikan International local time; and Airport, and monitors the designated (c) O’Hare International Airport from frequency until clear of the movement 9:15 p.m. to 6:44 a.m., local time. area on the airport or Ketchikan Har- [Doc. No. 24471, 49 FR 8244, Mar. 6, 1984] bor. (2) For departing flights. Announces Subpart L [Reserved] position and intentions prior to taxiing onto the active runway on the airport or onto the movement area of Ketch- Subpart M—Ketchikan ikan Harbor and monitors the des- International Airport Traffic Rule ignated frequency until outside the airspace described in § 93.151 and an- SOURCE: Docket No. 14687, 41 FR 14879, Apr. nounces position and intentions upon 8, 1976, unless otherwise noted. departing that airspace. § 93.151 Applicability. (c) Notwithstanding the provisions of paragraphs (a) and (b) of this section, if This subpart prescribes special air two-way radio communications failure traffic rules and communications re- occurs in flight, a person may operate quirements for persons operating aircraft, under VFR— an aircraft within the airspace speci- (a) To, from, or in the vicinity of the fied in § 93.151, and land, if weather con- Ketchikan International Airport or ditions are at or above basic VFR Ketchikan Harbor. weather minimums. (b) Within that airspace below 3,000 [Doc. No. 26653, 56 FR 48094, Sept. 23, 1991] feet MSL within the lateral boundary of the surface area of the Ketchikan § 93.155 Aircraft operations. Class E airspace regardless of whether (a) When an advisory is received from that airspace is in effect. the Ketchikan Flight Service Station [Doc. No. 26653, 56 FR 48094, Sept. 23, 1991, as stating that an aircraft is on final ap- amended by Amdt. 93–64, 58 FR 32839, June proach to the Ketchikan International 14, 1993] Airport, no person may taxi onto the § 93.153 Communications. runway of that airport until the approaching aircraft has landed and has (a) When the Ketchikan Flight Serv- cleared the runway. ice Station is in operation, no person may operate an aircraft within the air- (b) Unless otherwise authorized by space specified in § 93.151, or taxi onto ATC, each person operating a large air- the runway at Ketchikan International plane or a turbine engine powered air- Airport, unless that person has estab- plane shall— lished two-way radio communications (1) When approaching to land at the with the Ketchikan Flight Service Sta- Ketchikan International Airport, tion for the purpose of receiving traffic maintain an altitude of at least 900 feet advisories and continues to monitor MSL until within three miles of the the advisory frequency at all times airport; and while operating within the specified (2) After takeoff from the Ketchikan airspace. International Airport, maintain run- (b) When the Ketchikan Flight Serv- way heading until reaching an altitude ice Station is not in operation, no per- of 900 feet MSL. son may operate an aircraft within the airspace specified in § 93.151, or taxi onto the runway at Ketchikan Inter- Subparts N–R [Reserved]

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Subpart S—Allocation of Com- (ii) Had recalled by the FAA under muter and Air Carrier IFR Op- § 93.227(a); or erations at High Density Traffic (iii) Transferred to another party other than by trade for one or more Airports slots at the same airport. (b) The definitions specified in sub- SOURCE: Docket No. 24105, 50 FR 52195, Dec. part K of this part also apply to this 20, 1985, unless otherwise noted. subpart. (c) For purposes of this subpart, if an § 93.211 Applicability. air carrier, commuter operator, or (a) This subpart prescribes rules ap- other person has more than a 50-per- plicable to the allocation and with- cent ownership or control of one or drawal of IFR operational authority more other air carriers, commuter op- (takeoffs and landings) to individual erators, or other persons, they shall be air carriers and commuter operators at considered to be a single air carrier, the High Density Traffic Airports iden- commuter operator, or person. In addi- tified in subpart K of this part except tion, if a single company has more for Newark Airport. than a 50-percent ownership or control (b) This subpart also prescribes rules of two or more air carriers and/or com- concerning the transfer of allocated muter operators or any combination IFR operational authority and the use thereof, those air carriers and/or com- of that authority once allocated. muter operators shall be considered to be a single operator. A single operator § 93.213 Definitions and general provi- may be considered to be both an air sions. carrier and commuter operator for pur- (a) For purposes of this subpart— poses of this subpart. (1) New entrant carrier means a com- [Doc. No. 24105, 50 FR 52195, Dec. 20, 1985, as muter operator or air carrier which amended by Amdt. 93–52, 51 FR 21717, June does not hold a slot at a particular air- 13, 1986; Amdt. 93–57, 54 FR 34906, Aug. 22, port and has never sold or given up a 1989; 54 FR 37303, Sept. 8, 1989; Amdt. 93–65, 57 slot at that airport after December 16, FR 37314, Aug. 18, 1992] 1985. (2) Slot means the operational author- § 93.215 Initial allocation of slots. ity to conduct one IFR landing or take- (a) Each air carrier and commuter off operation each day during a specific operator holding a permanent slot on hour or 30 minute period at one of the December 16, 1985, as evidenced by the High Density Traffic Airports, as speci- records of the air carrier and com- fied in subpart K of this part. muter operator scheduling committees, (3) Summer season means the period of shall be allocated those slots subject to time from the first Sunday in April withdrawal under the provisions of this until the last Sunday in October. subpart. The Chief Counsel of the FAA (4) Winter season means the period of shall be the final decisionmaker for time from the last Sunday in October initial allocation determinations. until the first Sunday in April. (b) Any permanent slot whose use on (5) Limited incumbent carrier means an December 16, 1985 is divided among dif- air carrier or commuter operator that ferent operators, by day of the week, or holds or operates fewer than 12 air car- otherwise, as evidenced by records of rier or commuter slots, in any com- the scheduling committees, shall be al- bination, at a particular airport, not located in conformity with those including international slots, Essential records. The Chief Counsel of the FAA Air Service Program slots, or slots be- shall be the final decisionmaker for tween the hours of 2200 and 0659 at these determinations. Washington National Airport or (c) A carrier may permanently des- LaGuardia Airport. However, for the ignate a slot it holds at Kennedy Inter- purposes of this paragraph (a)(5), the national Airport as a seasonal slot, to carrier is considered to hold the num- be held by the carrier only during the ber of slots at that airport that the corresponding season in future years, if carrier has, since December 16, 1985: it notifies the FAA (at the address (i) Returned to the FAA; specified in § 93.225(e)), in writing, the

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preceding winter seasons or by October (4) Each air carrier or commuter op- 15 of the preceding year for summer erator having a slot that is used for op- seasons. erations described in paragraph (a)(1) (d) Within 30 days after December 16, of this section but is not used every 1985, each U.S. air carrier and com- day of the week shall notify the office muter operator must notify the office specified in § 93.221(a)(1) in writing of specified in § 93.221(a)(1), in writing, of those days on which the slots will not those slots used for operations de- be used. scribed in § 93.217(a)(1) on December 16, (5) Except as provided in paragraph 1985. (a)(10) of this section, at Kennedy and (e) Any slot not held by an operator O’Hare Airports, a slot shall be allo- on December 16, 1985 shall be allocated cated, upon request, for seasonal inter- in accordance with the provisions of national operations, including charter §93.217, 93.219 or 93.225 of this subpart. operations, if the Chief Counsel of the [Doc. No. 24105, 50 FR 52195, Dec. 20, 1985, as FAA determines that the slot had been amended by Amdt. 93–52, 51 FR 21717, June permanently allocated to and used by 13, 1986] the requesting carrier in the same hour and for the same time period during § 93.217 Allocation of slots for inter- the corresponding season of the pre- national operations and applicable ceding year. Requests for such slots limitations. must be submitted to the office speci- (a) Any air carrier of commuter oper- fied in § 93.221(a)(1), by the deadline ator having the authority to conduct published in a FEDERAL REGISTER no- international operations shall be pro- tice for each season. For operations vided slots for those operations, ex- during the 1986 summer season, re- cluding transborder service solely be- quests under this paragraph must have tween HDR airports and Canada, sub- been submitted to the FAA on or be- ject to the following conditions and the fore February 1, 1986. Each carrier re- other provisions of this section: questing a slot under this paragraph (1) The slot may be used only for a must submit its entire international flight segment in which either the schedule at the relevant airport for the takeoff or landing is at a foreign point particular season, noting which re- or, for foreign operators, the flight seg- quests are in addition to or changes ment is a continuation of a flight that from the previous year. begins or ends at a foreign point. Slots (6) Except as provided in paragraph may be obtained and used under this (a)(10) of this section, additional slots section only for operations at Kennedy shall be allocated at O’Hare Airport for and O’Hare airports unless otherwise international scheduled air carrier and required by bilateral agreement and commuter operations (beyond those only for scheduled service unless the slots allocated under §§ 93.215 and requesting carrier qualifies for the slot 93.217(a)(5) if a request is submitted to on the basis of historic seasonal oper- the office specified in § 93.221(a)(1) and ations, under § 93.217(a)(5). filed by the deadline published in a (2) Slots used for an operation de- FEDERAL REGISTER notice for each sea- scribed in paragraph (a)(1) of this sec- son. These slots will be allocated at the tion may not be bought, sold, leased, or time requested unless a slot is avail- otherwise transferred, except that such able within one hour of the requested a slot may be traded to another slot- time, in which case the unallocated holder on a one-for-one basis for a slot slots will be used to satisfy the re- at the same airport in a different hour quest. or half-hour period if the trade is for (7) If required by bilateral agree- the purpose of conducting such an op- ment, additional slots shall be allo- eration in a different hour or half-hour cated at LaGuardia Airport for inter- period. national scheduled passenger oper- (3) Slots used for operations de- ations within the hour requested. scribed in paragraph (a)(1) of this sec- (8) To the extent vacant slots are tion must be returned to the FAA if available, additional slots during the the slot will not be used for such oper- high density hours shall be allocated at ations for more than a 2-week period. Kennedy Airport for new international

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scheduled air carrier and commuter op- (c) If a slot is offered to a carrier in erations (beyond those operations for other than the hour requested, the car- which slots have been allocated under rier shall have 14 days after the date of §§ 93.215 and 93.217(a)(5)), if a request is the offer to accept the newly offered submitted to the office specified in slot. Acceptance must be in writing § 93.221(a)(1) by the deadline published and sent to the office specified in in a FEDERAL REGISTER notice for each § 93.221(a)(1) and must repeat the cer- season. In addition, slots may be with- tified statements required by para- drawn from domestic operations for op- graph (e) of this section. erations at Kennedy Airport under this (d) The Office of the Secretary of paragraph if required by international Transportation reserves the right not obligations. to apply the provisions of this section, (9) In determining the hour in which concerning the allocation of slots, to a slot request under §§ 93.217(a)(6) and any foreign air carrier or commuter op- 93.217(a)(8) will be granted, the fol- erator of a country that provides slots lowing will be taken into consider- to U.S. air carriers and commuter operation, among other things: ators on a basis more restrictive than (i) The availability of vacant slot provided by this subpart. Decisions not times; to apply the provisions of this section (ii) International obligations; will be made by the Office of the Sec- (iii) Airport terminal capacity, in- retary of Transportation. cluding facilities and personnel of the (e) Each request for slots under this U.S. Customs Service and the U.S. Im- section shall state the airport, days of migration and Naturalization Service; the week and time of the day of the de- (iv) The extent and regularity of in- sired slots and the period of time the tended use of a slot; and slots are to be used. Each request shall (v) Schedule constraints of carriers identify whether the slot is requested requesting slots. under paragraph (a)(5), (6), or (8) and (10) At O’Hare Airport, a slot will not identify any changes from the previous be allocated under this section to a year if requested under both para- carrier holding or operating 100 or graphs. The request must be accom- more permanent slots on the previous panied by a certified statement signed May 15 for a winter season or October by an officer of the operator indicating 15 for a summer season unless: that the operator has or has contracted (i) Allocation of the slot does not re- for aircraft capable of being utilized in sult in a total allocation to that car- using the slots requested and that the rier under this section that exceeds the operator has bona fide plans to use the number of slots allocated to and sched- requested slots for operations described uled by that carrier under this section in paragraph (a). on February 23, 1990, and as reduced by the number of slots reclassified under [Doc. No. 24105, 51 FR 21717, June 13, 1986, as § 93.218, and does not exceed by more amended by Amdt. 93–61, 55 FR 53243, Dec. 27, than 2 the number of slots allocated to 1990; 56 FR 1059, Jan. 10, 1991; Amdt. 93–78, 64 and scheduled by that carrier during FR 53565, Oct. 1, 1999] any half hour of that day, or (ii) Notwithstanding the number of § 93.218 Slots for transborder service to and from Canada. slots allocated under paragraph (a)(10)(i) of this section, a slot is avail- (a) Except as otherwise provided in able for allocation without withdrawal this subpart, international slots identi- of a permanent slot from any carrier. fied by U.S. carriers for international (b) If a slot allocated under § 93.215 operations in December 1985 and the was scheduled for an operation de- equivalent number of international scribed in paragraph (a)(1) of this sec- slots held as of February 24, 1998, will tion on December 16, 1985, its use shall be domestic slots. The Chief Counsel of be subject to the requirements of para- the FAA shall be the final decision- graphs (a)(1) through (a)(4) of this sec- maker for these determinations. tion. The requirements also apply to (b) Canadian carriers shall have a slots used for international operations guaranteed base level of slots of 42 at LaGuardia Airport. slots at LaGuardia, 36 slots at O’Hare

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for the Sumner season, and 32 slots at any consideration and any time period O’Hare in the Winter season. and they may be traded in any com- (c) Any modification to the slot base bination for slots at the same airport by the Government of Canada or the or any other high density traffic air- Canadian carriers that results in a de- port. Transfers, including leases, shall crease of the guaranteed base in para- comply with the following conditions: graph (b) of this section shall perma- (1) Requests for confirmation must be nently modify the base number of submitted in writing to Slot Adminis- slots. tration Office, AGC–230, Office of the [Doc. No. FAA–1999–4971, 64 FR 53565, Oct. 1, Chief Counsel, Federal Aviation Ad- 1999] ministration, 800 Independence Ave., SW., Washington, DC 20591, in a format § 93.219 Allocation of slots for essential air service operations and applica- to be prescribed by the Administrator. ble limitations. Requests will provide the names of the transferor and recipient; business ad- Whenever the Office of the Secretary dress and telephone number of the per- of Transportation determines that sons representing the transferor and slots are needed for operations to or from a High Density Traffic Airport recipient; whether the slot is to be used under the Department of Transpor- for an arrival or departure; the date tation’s Essential Air Service (EAS) the slot was acquired by the transferor; Program, those slots shall be provided the section of this subpart under which to the designated air carrier or com- the slot was allocated to the trans- muter operator subject to the following feror; whether the slot has been used limitations: by the transferor for international or (a) Slots obtained under this section essential air service operations; and may not be bought, sold, leased or oth- whether the slot will be used by the re- erwise transferred, except that such cipient for international or essential slots may be traded for other slots on a air service operations. After with- one-for-one basis at the same airport. drawal priorities have been established (b) Any slot obtained under this sec- under § 93.223 of this part, the requests tion must be returned to the FAA if it must include the slot designations of will not be used for EAS purposes for the transferred slots as described in more than a 2-week period. A slot re- § 93.223(b)(5). turned under this paragraph may be re- (2) The slot transferred must come allocated to the operator which re- from the transferor’s then-current turned it upon request to the FAA of- FAA-approved base. fice specified in § 93.221(a)(1) if that slot (3) Written evidence of each trans- has not been reallocated to an operator feror’s consent to the transfer must be to provide substitute essential air serv- provided to the FAA. ice. (4) The recipient of a transferred slot (c) Slots shall be allocated for EAS purposes in a time period within 90 may not use the slot until written con- minutes of the time period requested. firmation has been received from the (d) The Department will not honor FAA. requests for slots for EAS purposes to a (5)(i) Until a slot obtained by a new point if the requesting carrier has pre- entrant or limited incumbent carrier in viously traded away or sold slots it had a lottery held under § 93.225 after June used or obtained for use in providing 1, 1991, has been used by the carrier essential air service to that point. that obtained it for a continuous 24- (e) Slots obtained under Civil Aero- month period after the lottery in ac- nautics Board Order No. 84–11–40 shall cordance with § 93.227(a), that slot may be considered to have been obtained be transferred only by trade for one or under this section. more slots at the same airport or to other new entrant or limited incum- § 93.221 Transfer of slots. bent carriers under § 93.221(a)(5)(iii). (a) Except as otherwise provided in This transfer restriction shall apply to this subpart, effective April 1, 1986, the same extent to any slot or slots ac- slots may be bought, sold or leased for quired by trading the slot obtained in a

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lottery. To remove the transfer restric- (i) Having an actual seating configu- tion, documentation of 24 months’ con- ration of 110 or fewer passengers; and tinuous use must be submitted to the (ii) Having a maximum certificated FAA Office of the Chief Counsel. takeoff weight of less than 126,000 (ii) Failure to use a slot acquired by pounds. trading a slot obtained in a lottery for (2) No more than 50 percent of the a continuous 24-month period after the total number of commuter slots held lottery, shall void all trades involving by a slot holder at O’Hare Inter- the lottery slot, which shall be re- national Airport may be used with air- turned to the FAA. All use of the lot- craft described in paragraph (e)(1) of tery slot shall be counted toward ful- this section. filling the minimum use requirements (3) An air carrier or commuter oper- under § 93.227(a) applicable to the slot ator planning to operate an aircraft de- or slots for which the lottery slot was scribed in paragraph (e)(1) of this sec- traded, including subsequent trades. tion in a commuter slot shall notify (iii) Slots obtained by new entrant or ATC at least 75 days in advance of the limited incumbent carriers in a lottery planned start date of such operation. may be sold, leased, or otherwise trans- The notice shall include the slot num- ferred to another entrant or limited in- ber, proposed time of operation, air- cumbent carrier after a minimum of 60 craft type, aircraft series, actual air- days of use by the obtaining carrier. craft seating configuration, and The transfer restrictions of planned start date. ATC will approve or § 93.221(a)(5)(i) shall continue to apply disapprove the proposed operation no to the slot until documentation of 24 later than 45 days prior to the planned months’ continuous use has been sub- start date. If an operator does not ini- mitted and the transfer restriction removed. tiate operation of a commuter slot under this section within 30 days of the (6) The Office of the Secretary of planned start date first submitted to Transportation must determine that the FAA, the ATC approval for that op- the transfer will not be injurious to the eration will expire. That operator may essential air service program. file a new or revised notice for the (b) A record of each slot transfer same half-hour slot time. shall be kept on file by the office specified in paragraph (a)(1) of this section (4) An operation may not be con- and will be made available to the pub- ducted under paragraph (e)(1) of this lic upon request. section unless a gate is available for (c) Any person may buy or sell slots that operation without planned wait- and any air carrier or commuter may ing time. use them. Notwithstanding § 93.123, air (5) For the purposes of this paragraph carrier slots may be used with aircraft (e), notice to ATC shall be submitted in of the kind described in § 93.123 (c)(1) or writing to: Director, Air Traffic Sys- (c)(2) but commuter slots may only be tem Management, ATM–1, Federal used with aircraft of the kind described Aviation Administration, 800 Independ- in § 93.0123(c)(2). ence Avenue SW., Washington, DC (d) Air carriers and commuter opera- 20591. tors considered to be a single operator [Doc. No. 24105, 50 FR 52195, Dec. 20, 1985, as under the provisions of § 93.213(c) of amended by Amdt. 93–52, 51 FR 21717, June this subpart but operating under sepa- 13, 1986; Amdt. 93–58, 54 FR 39293, Sept. 25, rate names shall report transfers of 1989; Amdt. 93–62, 56 FR 41208, Aug. 19, 1991; slots between them. Amdt. 93–65, 57 FR 37314, Aug. 18, 1992; Amdt. (e) Notwithstanding § 93.123(c)(2) of 93–68, 58 FR 39616, July 23, 1993] this part, a commuter slot at O’Hare International Airport may be used with § 93.223 Slot withdrawal. an aircraft described in § 93.123(c)(1) of (a) Slots do not represent a property this part on the following conditions: right but represent an operating privi- (1) Air carrier aircraft that may be lege subject to absolute FAA control. operated under this paragraph are lim- Slots may be withdrawn at any time to ited to aircraft: fulfill the Department’s operational

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needs, such as providing slots for inter- international operations or for new en- national or essential air service oper- trants. ations or eliminating slots. Before (d) The following withdrawal priority withdrawing any slots under this sec- rule shall be used to permit application tion to provide them for international of the one-for-one trade provisions for operations, essential air services or international and essential air service other operational needs, those slots re- slots and the slot withdrawal provi- turned under § 93.224 of this part and sions where the slots are needed for those recalled by the agency under other than international or essential § 93.227 will be allocated. air service operations. If an operator (b) Separate slot pools shall be estab- has more than one slot in a specific lished for air carriers and commuter time period in which it also has a slot operators at each airport. The FAA being used for international or essen- shall assign, by random lottery, with- tial air service operations, the inter- drawal priority numbers for the recall national and essential air service slots priority of slots at each airport. Each will be considered to be those with the additional permanent slot, if any, will lowest withdrawal priority. be assigned the next higher number for (e) The operator(s) using each slot to air carrier or commuter slots, as appro- be withdrawn shall be notified by the priate, at each airport. Each slot shall FAA of the withdrawal and shall cease be assigned a designation consisting of operations using that slot on the date the applicable withdrawal priority indicated in the notice. Generally, the number; the airport code; a code indi- FAA will provide at least 30 days after cating whether the slot is an air car- notification for the operator to cease rier or commuter operator slot; and the operations unless exigencies require a time period of the slot. The designation shorter time period. shall also indicate, as appropriate, if (f) For 24 months following a lottery the slot is daily or for certain days of held after June 1, 1991, a slot acquired the week only; is limited to arrivals or in that lottery shall be withdrawn by departures; is allocated for inter- the FAA upon the sale, merger, or ac- national operations or for EAS pur- quisition of more than 50 percent own- poses; and, at Kennedy International ership or control of the carrier using Airport, is a summer or winter slot. that slot or one acquired by trade of (c) Whenever slots must be with- that slot, if the resulting total of slots drawn, they will be withdrawn in ac- held or operated at the airport by the cordance with the priority list estab- surviving entity would exceed 12 slots. lished under paragraph (b) of this sec- [Doc. No. 24105, 50 FR 52195, Dec. 20, 1985, as tion, except: amended by Amdt. 93–52, 51 FR 21718, June (1) Slots obtained in a lottery held 13, 1986; Amdt. 93–57, 54 FR 34906, Aug. 22, pursuant to § 93.225 of this part shall be 1989; Amdt. 93–65, 57 FR 37314, Aug. 18, 1992; subject to withdrawal pursuant to Amdt. 93–78, 64 FR 53565, Oct. 1, 1999] paragraph (i) of that section, and (2) Slots necessary for international § 93.224 Return of slots. and essential air service operations (a) Whenever a slot is required to be shall be exempt from withdrawal for returned under this subpart, the holder use for other international or essential must notify the office specified in air service operations. § 93.221(a)(1) in writing of the date after (3) Except as provided in § 93.227(a), which the slot will not be used. the FAA shall not withdraw slots held (b) Slots may be voluntarily returned at an airport by an air carrier or com- for use by other operators by notifying muter operator holding and operating the office specified in § 93.221(a)(1) in 12 or fewer slots at that airport (ex- writing. cluding slots used for operations described in § 93.212(a)(1)), if withdrawal § 93.225 Lottery of available slots. would reduce the number of slots held (a) Whenever the FAA determines below the number of slots operated. that sufficient slots have become avail- (4) No slot comprising the guaranteed able for distribution for purposes other base of slots, as defined in section than international or essential air 93.318(b), shall be withdrawn for use for service operations, but generally not

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more than twice a year, they shall be quence, except that new entrant car- allocated in accordance with the provi- riers may select four slots, if available, sions of this section. in the first sequence. (b) A random lottery shall be held to (g) To select slots during a slot lot- determine the order of slot selection. tery session, a carrier must have ap- (c) Slot allocation lotteries shall be propriate economic authority for held on an airport-by-airport basis scheduled passenger service under Title with separate lotteries for air carrier IV of the Federal Aviation Act of 1958, and commuter operator slots. The slots as amended (49 U.S.C. App. 1371 et seq.), to be allocated in each lottery will be and must hold FAA operating author- each unallocated slot not necessary for ity under part 121 or part 135 of this international or Essential Air Service chapter as appropriate for the slots the Program operations, including any slot operator seeks to select. created by an increase in the operating (h) During the first selection se- limits set forth in § 93.123(a). quence, 25 percent of the slots available (d) The FAA shall publish a notice in but no less than two slots shall be re- the FEDERAL REGISTER announcing any served for selection by new entrant lottery dates. The notice may include carriers. If new entrant carriers do not special procedures to be in effect for select all of the slots set aside for new the lotteries. entrant carriers, limited incumbent (e) Participation in a lottery is open carriers may select the remaining to each U.S. air carrier or commuter slots. If every participating new en- operator operating at the airport and trant carrier and limited incumbent providing scheduled passenger service carrier has ceased selection of avail- at the airport, as well as where pro- able slots or has obtained 12 slots at vided for by bilateral agreement. Any that airport, other incumbent carriers U.S. carrier, or foreign air carrier may participate in selecting the re- where provided for by bilateral agree- maining slots; however, slots selected ment, that is not operating scheduled by non-limited incumbent carriers will service at the airport and has not be allocated only until the date of the failed to operate slots obtained in the next lottery. previous lottery, or slots traded for (i) Slots obtained under this section those obtained by lottery, but wishes shall retain their withdrawal priority to initiate scheduled passenger service as established under § 93.223. If the slot at the airport, shall be included in the is newly created, a withdrawal priority lottery if that operator notifies, in shall be assigned. That priority number writing, the Slot Administration Of- shall be higher than any other slot as- fice, AGC–230, Office of the Chief Coun- signed a withdrawal number pre- sel, Federal Aviation Administration, viously. 800 Independence Avenue, SW., Wash- [Doc. No. 24105, 50 FR 52195, Dec. 20, 1985, as ington, DC 20591. The notification must amended by Amdt. 93–52, 51 FR 21718, June be received 15 days prior to the lottery 13, 1986; Amdt. 93–58, 54 FR 39293, Sept. 25, date and state whether there is any 1989; Amdt. 93–65, 57 FR 37314, Aug. 18, 1992; 57 common ownership or control of, by, or FR 47993, Oct. 21, 1992; Amdt. 93–78, 64 FR with any other air carrier or commuter 53565, Oct. 1, 1999] operator as defined in § 93.213(c). New entrant and limited incumbent carriers § 93.226 Allocation of slots in low-de- will be permitted to complete their se- mand periods. lections before participation by other (a) If there are available slots in the incumbent carriers is initiated. following time periods and there are no (f) At the lottery, each operator must pending requests for international or make its selection within 5 minutes EAS operations at these times, FAA after being called or it shall lose its will allocate slots upon request on a turn. If capacity still remains after first-come, first-served basis, as set each operator has had an opportunity forth in this section: to select slots, the allocation sequence (1) Any period for which a slot is will be repeated in the same order. An available less than 5 days per week. operator may select any two slots (2) Any time period for which a slot available at the airport during each se- is available for less than a full season.

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(3) For LaGuardia and Washington than 30 days after filing the initial pe- National Airports: tition in bankruptcy, and provided fur- (i) 6:00 a.m.–6:59 a.m. ther that any slot to be transferred has (ii) 10:00 p.m.–midnight. not become subject to withdrawal (b) Slots will be allocated only to op- under any other provision of this erators with the economic and oper- § 93.227; and ating authority and aircraft required (2) During a period after a carrier to use the slots. ceases operations at an airport, to any (c) Requests for allocations under slot held or operated by that carrier at this section shall be submitted in writ- that airport, for: ing to the address listed in § 93.221(a)(1) (i) 30 days after the carrier ceases op- and shall identify the request as made erations at that airport, provided that under this section. the slot has not become subject to (d) The FAA may deny requests made withdrawal under any other provision under this section after a determina- of this § 93.227; and tion that all remaining slots in a par- (ii) 30 days after the parties to a pro- ticular category should be distributed posed transfer of any such slot comply by lottery. with requests for additional informa- (e) Slots may be allocated on a sea- tion by a Federal government agency sonal or temporary basis under this in connection with an antitrust, eco- provision. nomic impact, or similar investigation [Doc. No. 24105, 51 FR 21718, June 13, 1986] of the transfer, provided that— (A) The original notice of the trans- § 93.227 Slot use and loss. fer is filed with the Federal agency (a) Except as provided in paragraphs within 30 days after the carrier ceases (b), (c), (d), (g), and (l) of this section, operation at the airport; any slot not utilized 80 percent of the (B) The request for additional infor- time over a 2-month period shall be re- mation is made within 10 days of the called by the FAA. filing of the notice by the carrier; (b) Paragraph (a) of this section does (C) The carrier submits the addi- not apply to slots obtained under tional information to the Federal agen- § 93.225 of this part during: cy within 15 days of the request by (1) The first 90 days after they are al- such agency; and located to a new entrant carrier; or (D) Any slot to be transferred has not (2) The first 60 days after they are al- become subject to withdrawal under located to a limited incumbent or any other provision of this § 93.227. other incumbent carrier. (e) Persons having slots withdrawn (c) Paragraph (a) of this section does pursuant to paragraph (a) of this sec- not apply to slots of an operator forced tion must cease all use of those slots by a strike to cease operations using upon receipt of notice from the FAA. those slots. (f) Persons holding slots but not (d) In the case of a carrier that files using them pursuant to the provisions for protection under the Federal bank- of paragraphs (b), (c) and (d) may lease ruptcy laws and has not received a No- those slots for use by others. A slot ob- tice of Withdrawal from the FAA for tained in a lottery may not be leased the subject slot or slots, paragraph (a) after the expiration of the applicable of this section does not apply: time period specified in paragraph (b) (1) During a period after the initial of this section unless it has been oper- petition in bankruptcy, to any slot ated for a 2-month period at least 65 held or operated by that carrier, for: percent of the time by the operator (i) 60 days after the carrier files the which obtained it in the lottery. initial petition in bankruptcy; and (g) This section does not apply to (ii) 30 days after the carrier, in an- slots used for the operations described ticipation of transferring slots, sub- in § 93.217(a)(1) except that a U.S. air mits information to a Federal govern- carrier or commuter operator required ment agency in connection with a stat- to file a report under paragraph (i) of utory antitrust, economic impact, or this section shall include all slots oper- similar review of the transfer, provided ated at the airport, including slots de- that the information is submitted more scribed in § 93.217(a)(1).

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(h) Within 30 days after an operator vance for the time periods it will not files for protection under the Federal be used. bankruptcy laws, the FAA shall recall (l) The FAA will treat as used any any slots of that operator, if—(1) the slot held by a carrier at a High Density slots were formerly used for essential Traffic Airport on Thanksgiving Day, air service and (2) the Office of the Sec- the Friday following Thanksgiving retary of Transportation determines Day, and the period from December 24 those slots are required to provide sub- through the first Saturday in January. stitute essential air service to or from [Doc. No. 24105, 50 FR 52195, Dec. 20, 1985, as the same points. amended by Amdt. 93–52, 51 FR 21718, June (i) Every air carrier and commuter 13, 1986; Amdt. 93–65, 57 FR 37315, Aug. 18, operator or other person holding a slot 1992; Amdt. 93–71, 59 FR 58771, Nov. 15, 1994] at a high density airport shall, within 14 days after the last day of the 2- Subpart T—Washington National month period beginning January 1, Airport Traffic Rules 1986, and every 2 months thereafter, forward, in writing, to the address SOURCE: Docket No. 25143, 51 FR 43587, Dec. identified in § 93.221(a)(1), a list of all 3, 1986, unless otherwise noted. slots held by the air carrier, commuter operator or other person along with a § 93.251 Applicability. listing of which air carrier or com- This subpart prescribes rules applica- muter operator actually operated the ble to the operation of aircraft to or slot for each day of the 2-month period. from Washington National Airport. The report shall identify the flight number for which the slot was used and § 93.253 Nonstop operations. the equipment used, and shall identify No person may operate an aircraft the flight as an arrival or departure. nonstop in air transportation between The report shall identify any common Washington National Airport and an- ownership or control of, by, or with other airport that is more than 1,250 any other carrier as defined in miles away from Washington National § 93.213(c) of this subpart. The report Airport. shall be signed by a senior official of the air carrier or commuter operator. Subpart U—Special Flight Rules in If the slot is held by an ‘‘other person,’’ the Vicinity of Grand Canyon the report must be signed by an official National Park, AZ representative. (j) The Chief Counsel of the FAA may SOURCE: Doc. No. 28537, 61 FR 69330, Dec. 31, waive the requirements of paragraph 1996, unless otherwise noted. (a) of this section in the event of a highly unusual and unpredictable con- § 93.301 Applicability. dition which is beyond the control of This subpart prescribes special oper- the slot-holder and which exists for a ating rules for all persons operating period of 9 or more days. Examples of aircraft in the following airspace, des- conditions which could justify waiver ignated as the Grand Canyon National under this paragraph are weather con- Park Special Flight Rules Area: That ditions which result in the restricted airspace extending from the surface up operation of an airport for an extended to but not including 18,000 feet MSL period of time or the grounding of an within an area bounded by a line begin- aircraft type. ning at Lat. 35°55′12″ N., Long. 112°04′05″ (k) The Chief Counsel of the FAA W.; east to Lat. 35°55′30″ N., Long. may, upon request, grant a waiver from 111°45′00″ W.; to Lat. 35°59′02″ N., Long. the requirements of paragraph (a) of 111°36′03″ W.; north to Lat. 36°15′30″ N., this section for a slot used for the do- Long. 111°36′06″ W.; to Lat. 36°24′49″ N., mestic segment of an intercontinental Long. 111°47′45″ W.; to Lat. 36°52′23″ N., all-cargo flight. To qualify for a waiv- Long. 111°33′10″ W.; west-northwest to er, a carrier must operate the slot a Lat. 36°53′37″ N., Long. 111°38′29″ W.; substantial percentage of the time and southwest to Lat. 36°35′02″ N., Long. must return the slot to the FAA in ad- 111°53′28″ W.; to Lat. 36°21′30″ N., Long.

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112°00′03″ W.; west-northwest to Lat. (2) Whether a narrative was provided 36°30′30″ N., Long. 112°35′59″ W.; south- that referred to areas or points of in- west to Lat. 36°24′46″ N., Long. 112°51′10″ terest on the surface; W., thence west along the boundary of (3) The area of operation; Grand Canyon National Park (GCNP) (4) The frequency of flights; to Lat. 36°14′08″ N., Long. 113°10′07″ W.; (5) The route of flight; west-southwest to Lat. 36°09′30″ N., (6) The inclusion of sightseeing Long. 114°03′03″ W.; southeast to Lat. flights as part of any travel arrange- 36°05′11″ N., Long. 113°58′46″ W.; thence ment package; or south along the boundary of GCNP to (7) Whether the flight in question Lat. 35°58′23″ N., Long. 113°54′14″ W.; would or would not have been canceled north to Lat. 36°00′10″ N., Long. based on poor visibility of the surface. 113°53′48″ W.; northeast to Lat. 36°02′14″ Commercial Special Flight Rules Area N., Long. 113°50′16″ W.; to Lat. 36°02′17″ Operation means any portion of any N., Long. 113°53′48″ W.; northeast to flight within the Grand Canyon Na- Lat. 36°02′14″ N., Long. 113°50′16″ W.; to tional Park Special Flight Rules Area Lat. 36°02′17″ N., Long. 113°49′11″ W.; that is conducted by a certificate hold- southeast to Lat. 36°01′22″ N., Long. er that has operations specifications 113°48′21″ W.; to Lat. 35°59′15″ N., Long. authorizing flights within the Grand 113°47′13″ W.; to Lat. 35°57′51″ N., Long. Canyon National Park Special Flight 113°46′01″ W.; to Lat. 35°57′45″ N., Long. Rules Area. This term does not include 113°45′23″ W.; southwest to Lat. 35°54′48″ operations conducted under an FAA N., Long. 113°50′24″ W.; southeast to Form 7711–1, Certificate of Waiver or Lat. 35°41′01″ N., Long. 113°35′27″ W.; Authorization. The types of flights cov- thence clockwise via the 4.2-nautical ered by this definition are set forth in mile radius of the Peach Springs the ‘‘Las Vegas Flight Standards Dis- VORTAC to Lat. 36°38′53″ N., Long. trict Office Grand Canyon National 113°27′49″ W.; northeast to Lat. 35°42′58″ Park Special Flight Rules Area Proce- N., Long. 113°10′57″ W.; north to Lat. dures Manual’’ which is available from 35°57′51″ N., Long. 113°11′06″ W.; east to the Las Vegas Flight Standards Dis- Lat. 35°57′44″ N., Long. 112°14′04″ W.; trict Office. thence clockwise via the 4.3-nautical Flight Standards District Office means mile radius of the Grand Canyon Na- the FAA Flight Standards District Of- tional Park Airport reference point fice with jurisdiction for the geo- (Lat. 35°57′08″ N., Long. 112°08′49″ W.) to graphical area containing the Grand the point of origin. Canyon. Park means Grand Canyon National [Doc. No. 5926, 65 FR 17742, Apr. 4, 2000] Park. Special Flight Rules Area means the § 93.303 Definitions. Grand Canyon National Park Special For the purposes of this subpart: Flight Rules Area. Allocation means authorization to [65 FR 17732, Apr. 4, 2000] conduct a commercial air tour in the Grand Canyon National Park (GCNP) § 93.305 Flight-free zones and flight Special Flight Rules Area (SFRA). corridors. Commercial air tour means any flight Except in an emergency or if other- conducted for compensation or hire in wise necessary for safety of flight, or a powered aircraft where a purpose of unless otherwise authorized by the the flight is sightseeing. If the operator Flight Standards District Office for a of a flight asserts that the flight is not purpose listed in 93.309, no person may a commercial air tour, factors that can operate an aircraft in the Special be considered by the Administrator in Flight Rules Area within the following making a determination of whether the flight-free zones: flight is a commercial air tour include, (a) Desert View Flight-free Zone. That but are not limited to— airspace extending from the surface up (1) Whether there was a holding out to but not including 14,500 feet MSL to the public of willingness to conduct within an area bounded by a line begin- a sightseeing flight for compensation ning at Lat. 35°59′58″ N., Long. 111°52′47″ or hire; W.; thence east and north along the

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GCNP boundary to Lat. 36°14′05″ N., 36°21′02″ N., Long. 112°08′47″ W.; thence Long. 111°48′34″ W.; southwest to Lat. west and south along the GCNP bound- 36°12′06″ N., Long. 111°51′14″ W.; to the ary to Lat. 36°10′58″ N., Long. 113°08′35″ point of origin; but not including the W.; south to Lat. 36°10′12″ N., Long. airspace at and above 10,500 feet MSL 113°08′34″ W.; thence northeast along within 1 nautical mile of the western the park boundary to Lat. 36°11′51″ N., boundary of the zone. The corridor to Long. 113°04′44″ W.; thence counter- the west, between the Desert View and clockwise via the 1.5-nautical mile ra- Bright Angel Flight-free Zones, is des- dius of the Toroweap Overlook (Lat. ignated the ‘‘Zuni Point Corridor.’’ 36°12′55″ N., Long. 113°03′25″ W.) to Lat. This corridor is 2 nautical miles wide 36°13′46″ N., Long. 113°01′54″ W.; thence for commercial sightseeing flights and in an easterly direction along the park 4 nautical miles wide for transient and boundary to the point of origin; but not general aviation operations. including the following airspace des- (b) Bright Angel Flight-free Zone. That ignated as the ‘‘Tuckup Corridor’’: at airspace extending from the surface up or above 10,500 feet MSL within 2 nau- to but not including 14,500 feet MSL tical miles either side of a line extend- within an area bounded by a line begin- ing between Lat. 36°24′42″ N., Long. ning at Lat. 35°58′39″ N., Long. 111°55′43″ 112°48′47″ W. and Lat. 36°14′17″ N., Long. W.; north to Lat. 36°12′41″ N., Long. 112°48′31″ W. 111°53′54″ W.; northwest to Lat. 36°18′18″ (d) Sanup Flight-free Zone. That air- N., Long. 111°58′15″ W.; thence west space extending from the surface up to along the GCNP boundary to Lat. but not including 8,000 feet MSL within 36°20′11″ N., Long. 112°06′25″ W.; south- an area bounded by a line beginning at southwest to Lat. 36°09′31″ N., Long. Lat. 36°02′38″ N., Long. 113°21′11″ W.; 112°11′15″ W.; to Lat. 36°04′16″ N., Long. west to Lat. 36°06′20″ N., Long. 113°51′40″ 112°17′20″ W.; thence southeast along W.; southeast to Lat. 36°00′07″ N., Long. ° ′ ″ ° ′ ″ the GCNP boundary to Lat. 36°01′54″ N., 113 42 58 W.; southeast to Lat. 35 59 37 ° ′ ″ ° ′ ″ Long. 112°11′24″ W.; thence clockwise N., Long. 113 42 47 W.; to Lat. 35 59 20 ° ′ ″ ° ′ ″ via the 4.3-nautical mile radius of the N., Long. 113 43 00 W.; to Lat. 35 58 40 ° ′ ″ Grand Canyon National Park Airport N., Long. 113 43 58 W.; southeast to ° ′ ″ ° ′ ″ reference point (Lat. 35°57′08″ N., Long. Lat. 35 50 16 N., Long. 113 37 13 W.; 112°08′49″ W.) to Lat. 35°59′37″ N., Long. thence along the park boundary to the 112°04′29″ W.; thence east along the point of origin. GCNP boundary to the point of origin; EFFECTIVE DATE NOTE: By Doc. No. 28537, 61 but not including the airspace at and FR 69330, Dec. 31, 1996, § 93.305 was added, ef- above 10,500 feet MSL within 1 nautical fective May 1, 1997. By Amdt. 93–74, 62 FR mile of the eastern boundary or the 8864, Feb. 26, 1997, the effectiveness of § 93.305 airspace at and above 10,500 feet MSL was delayed until Jan. 31, 1998. By Amdt. 93– 75, 62 FR 66250, Dec. 17, 1997, the effectiveness within 2 nautical miles of the north- of § 93.305 was further delayed until Jan. 31, western boundary. The corridor to the 1999. By Amdt. 93–76, 64 FR 5154, Feb. 3, 1999, east, between this flight-free zone and the effectiveness of § 93.305 was further de- the Desert View Flight-free Zone, is layed until Jan. 31, 2000. By Amdt. 93–79, 65 designated the ‘‘Zuni Point Corridor.’’ FR 5397, Feb. 3, 2000, the effectiveness of The corridor to the west, between the § 93.305 was further delayed until Jan. 31, Bright Angel and Toroweap/Shinumo 2001.By Amdt. 93–80, 65 FR 17742, Apr. 4, 2000, Flight-free Zones, is designated the § 93.305 was made effective Dec. 1, 2000, and amended by revising paragraphs (a), (c), and ‘‘Dragon Corridor.’’ This corridor is 2 (d), and the last sentence of paragraph (b) nautical miles wide for commercial and by adding a new sentence at the end of sightseeing flights and 4 nautical miles paragraph (b), effective Dec. 1, 2000. At 65 FR wide for transient and general aviation 69847, Nov. 20, 2000, the effectiveness of operations. § 93.305 was delayed until Dec. 28, 2000. At 66 (c) Toroweap/Shinumo Flight-free Zone. FR 1005, Jan. 4, 2001, the effectiveness of That airspace extending from the sur- § 93.305 was delayed until Apr. 1, 2001. At 66 face up to but not including 14,500 feet FR 16584, Mar. 26, 2001, the effective date was further delayed until Apr. 19, 2001, for MSL within an area bounded by a line § 93.305(c) and (d), and until Dec. 1, 2001, for beginning at Lat. 36°05′44″ N., Long. § 93.305(a) and (b). At 66 FR 63296, Dec. 5, 2001, 112°19′27″ W.; north-northeast to Lat. the effective date for § 93.305(a) and (b), and 36°10′49″ N., Long. 112°13′19″ W.; to Lat. also for the amendments published on Apr. 4,

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2001, was further delayed until Feb. 20, 2003. (d) Sanup Flight-free Zone. That airspace For the convenience of the user, the added extending from the surface up to but not in- and revised text follows: cluding 8,000 feet MSL within an area bounded by a line beginning at Lat. 35°59′32″ N., § 93.305 Flight-free zones and flight cor- Long. 113°20′28″ W.; west to Lat. 36°00′55″ N., ridors. Long. 113°42′09″ W.; southeast to Lat. 35°59′57″ N., Long. 113°41′09″ W.; to Lat. 35°59′09″ N., ° ′ ″ ° ′ ″ * * * * * Long. 113 40 53 W.; to Lat. 35 58 45 N., Long. 113°40′15″ W.; to Lat. 35°57′52″ N., Long. (a) Desert View Flight-free Zone. That air- 113°39′34″ W.; to Lat. 35°56′44″ N., Long. space extending from the surface up to but 113°39′07″ W.; to Lat. 35°56′04″ N., Long. not including 14,500 feet MSL within an area 113°39′20″ W.; to Lat. 35°55′02″ N., Long. bounded by a line beginning at Lat. 35°59′58″ 113°40′43″ W.; to Lat. 35°54′47″ N., Long. N., Long. 111°52′47″ W.; thence east to Lat. 113°40′51″ W.; southeast to Lat. 35°50′16″ N., 36°00′00″ N., Long. 111°51′04″ W.; thence north Long. 113°37′13″ W.; thence along the park to 36°00′24″ N., Long. 111°51′04″ W.; thence east boundary to the point of origin. to 36°00′24″ N., Long. 111°45′44″ W.; thence north along the GCNP boundary to Lat. * * * * * 36°14′05″ N., Long. 111°48′34″ W.; thence southwest to Lat. 36°12′06″ N., Long. 111°51′14″ W.; § 93.307 Minimum flight altitudes. to the point of origin; but not including the airspace at and above 10,500 feet MSL within Except in an emergency, or if other- 1 nautical mile of the western boundary of wise necessary for safety of flight, or the zone. The corridor to the west between unless otherwise authorized by the the Desert View and Bright Angel Flight-free Flight Standards District Office for a Zones, is designated the ‘‘Zuni Point Cor- purpose listed in 93.309, no person may ridor.’’ This corridor is 2 nautical miles wide operate an aircraft in the Special for commercial air tour flights and 4 nau- Flight Rules Area at an altitude lower tical miles wide for transient and general than the following: aviation operations. (a) Minimum sector altitudes—(1) Com- (b) * * * This corridor is 2 nautical miles mercial air tours—(i) Marble Canyon Sec- wide for commercial air tour flights and 4 nautical miles wide for transient and general tor. Lees Ferry to Boundary Ridge: aviation operations. The Bright Angel 6,000 feet MSL. Flight-free Zone does not include the fol- (ii) Supai Sector. Boundary Ridge to lowing airspace designated as the Bright Supai Point: 7,500 feet MSL. Angel Corridor: That airspace one-half nau- (iii) Diamond Creek Sector. Supai tical mile on either side of a line extending Point to Diamond Creek: 6,500 feet from Lat. 36°14′57″ N., Long. 112°08′45″ W. and MSL. ° ′ ″ ° ′ ″ Lat. 36 15 01 N., Long. 111 55 39 W. (iv) Pearce Ferry Sector. Diamond (c) Toroweap/Shinumo Flight-free Zone. That Creek to the Grand Wash Cliffs: 5,000 airspace extending from the surface up to but not including 14,500 feet MSL within an feet MSL. area bounded by a line beginning at Lat. (2) Transient and general aviation oper- 36°05′44″ N., Long. 112°19′27″ W.; north-north- ations—(i) Marble Canyon Sector. Lees east to Lat. 36°10′49″ N., Long. 112°13′19″ W.; Ferry to Boundary Ridge: 8,000 feet to Lat. 36°21′02″ N., Long. 112°08′47″ W.; thence MSL. west and south along the GCNP boundary to (ii) Supai Sector. Boundary Ridge to Lat 36°10′58″ N., Long. 113°08′35″ W.; south to Supai Point: 10,000 feet MSL. Lat. 36°10′12″ N., Long. 113°08′34″ W.; thence in (iii) Diamond Creek Sector. Supai an easterly direction along the park bound- Point to Diamond Creek: 9,000 feet ary to the point of origin; but not including the following airspace designated as the MSL. ‘‘Tuckup Corridor’’: at or above 10,500 feet (iv) Pearce Ferry Sector. Diamond MSL within 2 nautical miles either side of a Creek to the Grand Wash Cliffs: 8,000 line extending between Lat. 36°24′42″ N., feet MSL. Long. 112°48′47″ W. and Lat. 36°14′17″ N., Long. (b) Minimum corridor altitudes—(1) 112°48′31″ W. The airspace designated as the Commercial air tours—(i) Zuni Point Cor- ‘‘Fossil Canyon Corridor’’ is also excluded ridors. 7,500 feet MSL. from the Toroweap/Shinumo Flight-free (ii) Dragon Corridor. 7,500 feet MSL. Zone at or above 10,500 feet MSL within 2 nautical miles either side of a line extending (2) Transient and general aviation oper- between Lat. 36°16′26″ N., Long. 112°34′35″ W. ations—(i) Zuni Point Corridor. 10,500 and Lat. 36°22′51″ N., Long. 112°18′18″ W. The feet MSL. Fossil Canyon Corridor is to be used for tran- (ii) Dragon Corridor. 10,500 feet MSL. sient and general aviation operations only. (iii) Tuckup Corridor. 10,500 feet MSL.

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(iv) Fossil Canyon Corridor. 10,500 trict Office in accordance with the pro- feet MSL. visions of this subpart; (e) Is a search and rescue mission di- [Doc. No. 28537, 61 FR 69330, Dec. 31, 1996, as amended by Amdt. 93–80, 65 FR 17742, 17743, rected by the U.S. Air Force Rescue Apr. 4, 2000] Coordination Center; (f) Is conducted within 3 nautical § 93.309 General operating procedures. miles of Grand Canyon Bar Ten Air- strip, Pearce Ferry Airstrip, Cliff Except in an emergency, no person Dwellers Airstrip, Marble Canyon Air- may operate an aircraft in the Special strip, or Tuweep Airstrip at an altitude Flight Rules Area unless the operation less than 3,000 feet above airport ele- is conducted in accordance with the vation, for the purpose of landing at or following procedures. (NOTE: The fol- taking off from that facility; or lowing procedures do not relieve the (g) Is conducted under an instrument pilot from see-and-avoid responsibility flight rules (IFR) clearance and the or compliance with the minimum safe pilot is acting in accordance with ATC altitude requirements specified in instructions. An IFR flight plan may § 91.119 of this chapter.): not be filed on a route or at an altitude (a) Unless necessary to maintain a that would require operation in an area safe distance from other aircraft or ter- described in § 93.305. rain remain clear of the flight-free zones described in § 93.305; [Doc. No. 28537, 61 FR 69330, Dec. 31, 1996, as (b) Unless necessary to maintain a amended by Amdt. 93–80, 65 FR 17743, Apr. 4, safe distance from other aircraft or ter- 2000] rain, proceed through the Zuni Point, § 93.311 Minimum terrain clearance. Dragon, Tuckup, and Fossil Canyon Flight Corridors described in § 93.305 at Except in an emergency, when nec- the following altitudes unless other- essary for takeoff or landing, or unless wise authorized in writing by the otherwise authorized by the Flight Flight Standards District Office: Standards District Office for a purpose (1) Northbound. 11,500 or 13,500 feet listed in § 93.309(c), no person may oper- MSL. ate an aircraft within 500 feet of any (2) Southbound. 10,500 or 12,500 feet terrain or structure located between MSL. the north and south rims of the Grand Canyon. (c) For operation in the flight-free zones described in § 93.305, or flight § 93.313 Communications. below the altitudes listed in § 93.307, is authorized in writing by the Flight Except when in contact with the Standards District Office and is con- Grand Canyon National Park Airport ducted in compliance with the condi- Traffic Control Tower during arrival or tions contained in that authorization. departure or on a search and rescue Normally authorization will be granted mission directed by the U.S. Air Force for operation in the areas described in Rescue Coordination Center, no person § 93.305 or below the altitudes listed in may operate an aircraft in the Special § 93.307 only for operations of aircraft Flight Rules Area unless he monitors necessary for law enforcement, fire- the appropriate frequency continuously fighting, emergency medical treat- while in that airspace. ment/evacuation of persons in the vi- § 93.315 Requirements for commercial cinity of the Park; for support of Park Special Flight Rules Area oper- maintenance or activities; or for aerial ations. access to and maintenance of other property located within the Special Each person conducting commercial Flight Rules Area. Authorization may Special Flight Rules Area operations be issued on a continuing basis; must be certificated in accordance with Part 119 for Part 135 or 121 oper- (d) Is conducted in accordance with a ations and hold appropriate Grand Can- specific authorization to operate in yon National Park Special Flight that airspace incorporated in the oper- Rules Area operations specifications. ator’s operations specifications and approved by the Flight Standards Dis- [65 FR 17732, Apr. 4, 2000]

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§ 93.316 [Reserved] (1) The certificate holder conducts its operations in conformance with the § 93.317 Commercial Special Flight routes and airspace authorizations as Rules Area operation curfew. specified in its Grand Canyon National Unless otherwise authorized by the Park Special Flight Rules Area oper- Flight Standards District Office, no ations specifications; person may conduct a commercial Spe- (2) The certificate holder must have cial Flight Rules Area operation in the executed a written contract with the Dragon and Zuni Point corridors dur- Hualapai Indian Nation which grants ing the following flight-free periods: the certificate holder a trespass permit (a) Summer season (May 1–Sep- and specifies the maximum number of tember 30)–6 p.m. to 8 a.m. daily; and flights to be permitted to land at (b) Winter season (October 1–April Grand Canyon West Airport and at 30)–5 p.m. to 9 a.m. daily. other sites located in the vicinity of that airport and operates in compli- [65 FR 17732, Apr. 4, 2000] ance with that contract; and (3) The certificate holder must have a § 93.319 Commercial air tour limita- valid operations specification that au- tions. thorizes the certificate holder to con- (a) Unless excepted under paragraph duct the operations specified in the (f) or (g) of this section, no certificate contract with the Hualapai Indian Na- holder certificated in accordance with tion and specifically approves the num- part 119 for part 121 or 135 operations ber of operations that may transit the may conduct more commercial air Grand Canyon National Park Special tours in the Grand Canyon National Flight Rules Area under this exception. Park in any calendar year than the (g) Certificate holders conducting number of allocations specified on the commercial air tours at or above 14,500 certificate holder’s operations speci- feet MSL but below 18,000 feet MSL fications. who did not receive initial allocations (b) The Administrator determines the in 1999 because they were not required number of initial allocations for each to report during the base year may op- certificate holder based on the total erate without an allocation when con- number of commercial air tours conducting air tours at those altitudes. ducted by the certificate holder and re- Certificate holders conducting com- ported to the FAA during the period mercial air tours in the area affected beginning on May 1, 1997 and ending on by the eastward shift of the SFRA who April 30, 1998, unless excepted under did not receive initial allocations in paragraph (g). 1999 because they were not required to (c) Certificate holders who conducted report during the base year may con- commercial air tours during the base tinue to operate on the specified routes year and reported them to the FAA re- without an allocation in the area ceive an initial allocation. bounded by longitude line 111 degrees (d) A certificate holder must use one 42 minutes east and longitude line 111 allocation for each flight that is a com- degrees 36 minutes east. This exception mercial air tour, unless excepted under does not include operation in the Zuni paragraph (f) or (g) of this section. Point corridor. (e) Each certificate holder’s oper- [65 FR 17732, Apr. 4, 2000] ation specifications will identify the following information, as applicable: § 93.321 Transfer and termination of (1) Total SFRA allocations; and allocations. (2) Dragon corridor and Zuni Point (a) Allocations are not a property in- corridor allocations. terest; they are an operating privilege (f) Certificate holders satisfying the subject to absolute FAA control. requirements of § 93.315 of this subpart (b) Allocations are subject to the fol- are not required to use a commercial lowing conditions: air tour allocation for each commercial (1) The Administrator will re-author- air tour flight in the GCNP SFRA pro- ize and re-distribute allocations no ear- vided the following conditions are sat- lier than two years from the effective isfied: date of this rule.

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(2) Allocations that are held by the suming commercial air tours oper- FAA at the time of reallocation may be ations. The FSDO will notify the cer- distributed among remaining certifi- tificate holder of any extension to the cate holders, proportionate to the size consecutive 180-days. A certificate of each certificate holder’s allocation. holder may be granted one extension. (3) The aggregate SFRA allocations (6) The FAA retains the right to re- will not exceed the number of oper- distribute, reduce, or revoke alloca- ations reported to the FAA for the base tions based on: year beginning on May 1, 1997 and end- (i) Efficiency of airspace; ing on April 30, 1998, except as adjusted (ii) Voluntary surrender of alloca- to incorporate operations occurring for tions; the base year of April 1, 2000 and end- (iii) Involuntary cessation of oper- ing on March 31, 2001, that operate at ations; and or above 14,500 feet MSL and below (iv) Aviation safety. 18,000 feet MSL and operations in the [65 FR 17733, Apr. 4, 2000] area affected by the eastward shift of the SFRA bounded by longitude line § 93.323 Flight plans. 111 degrees 42 minutes east to lon- Each certificate holder conducting a gitude 111 degrees 36 minutes east. commercial SFRA operation must file (4) Allocations may be transferred a visual flight rules (VFR) flight plan among Part 135 or Part 121 certificate in accordance with § 91.153. This section holders, subject to all of the following: does not apply to operations conducted (i) Such transactions are subject to in accordance with § 93.309(g). The all other applicable requirements of flight plan must be on file with a FAA this chapter. Flight Service Station prior to each (ii) Allocations authorizing commer- flight. Each VFR flight plan must iden- cial air tours outside the Dragon and tify the purpose of the flight in the Zuni Point corridors may not be trans- ‘‘remarks’’ section according to one of ferred into the Dragon and Zuni Point the types set forth in the ‘‘Las Vegas corridors. Allocations authorizing com- Flight Standards District Office Grand mercial air tours within the Dragon Canyon National Park Special Flight and Zuni Point corridors may be trans- Rules Area Procedures Manual’’ which ferred outside of the Dragon and Zuni is available from the Las Vegas Flight Point corridors. Standards District Office. (iii) A certificate holder must notify in writing the Las Vegas Flight Stand- [65 FR 17733, Apr. 4, 2000] ards District Office within 10 calendar § 93.325 Quarterly reporting. days of a transfer of allocations. This notification must identify the parties (a) Each certificate holder must sub- involved, the type of transfer (perma- mit in writing, within 30 days of the nent or temporary) and the number of end of each calendar quarter, the total allocations transferred. Permanent number of commercial SFRA oper- transfers are not effective until the ations conducted for that quarter. Flight Standards District Office re- Quarterly reports must be filed with issues the operations specifications re- the Las Vegas Flight Standards Dis- flecting the transfer. Temporary trans- trict Office. fers are effective upon notification. (b) Each quarterly report must con- (5) An allocation will revert to the tain the following information. FAA upon voluntary cessation of com- (1) Make and model of aircraft; mercial air tours within the SFRA for (2) Identification number (registra- any consecutive 180-day period unless tion number) for each aircraft; the certificate holder notifies the (3) Departure airport for each seg- FSDO in writing, prior to the expira- ment flown; tion of the 180-day time period, of the (4) Departure date and actual Uni- following: the reason why the certifi- versal Coordinated Time, as applicable cate holder has not conducted any for each segment flown; commercial air tours during the con- (5) Type of operation; and secutive 180-day period; and the date (6) Route(s) flown. the certificate holder intends on re- [65 FR 17733, Apr. 4, 2000]

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APPENDIX TO SUBPART U OF PART 93—SPECIAL FLIGHT RULES IN THE VICINITY OF THE GRAND CANYON NATIONAL PARK, AZ

PART 95—IFR ALTITUDES Subpart B—Designated Mountainous Areas 95.11 General. Subpart A—General 95.13 Eastern United States Mountainous Area. Sec. 95.15 Western United States Mountainous 95.1 Applicability. Area. 95.3 Symbols. 95.17 Alaska Mountainous Area.

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95.19 Hawaii Mountainous Area. MRA is the lowest altitude at which 95.21 Puerto Rico Mountainous Area. the intersection can be determined. (g) The COP applies to operation of Subpart C—En Route IFR Altitudes Over an aircraft along a Federal airway, jet Particular Routes and Intersections route, area navigation low or high 95.31 General. route, or other direct route for which a MEA is designated in this part. It is Subpart D—Changeover Points the most appropriate point for transfer of the airborne navigation reference 95.8001 General. between the facility or way point abaft AUTHORITY: 49 U.S.C. 106(g), 40103, 40113, the aircraft and the next appropriate and 14 CFR 11.49(b)(2). facility or way point along the Federal airway, jet route, area navigation low Subpart A—General or high route, or other direct route that provides: § 95.1 Applicability. (1) Continuous reception between fa- (a) This part prescribes altitudes gov- cilities; and erning the operation of aircraft under (2) A common source of azimuth IFR on Federal airways, jet routes, guidance for all aircraft operating area navigation low or high routes, or along the same segment of the Federal other direct routes for which a MEA is airway, jet route, area navigation low designated in this part. In addition, it or high route, or other direct route. designates mountainous areas and [Doc. No. 1580, 28 FR 6718, June 29, 1963, as changeover points. amended by Amdt. 95–118, 29 FR 13166, Sept. (b) The MAA is the highest altitude 23, 1964; Amdt. 95–198, 35 FR 14610, Sept. 18, on a Federal airway, jet route, area 1970] navigation low or high route, or other direct route for which a MEA is des- § 95.3 Symbols. ignated in this part at which adequate For the purposes of this part— reception of navigation aid signals is (a) COP means changeover point. assured. (b) L means compass locator; (c) The MCA applies to the operation (c) LF/MF means low frequency, me- of an aircraft proceeding to a higher dium frequency; minimum en route altitude when cross- (d) LFR means low frequency radio ing specified radio fixes. range; (d) The MEA prescribed for a Federal (e) VOR–E means VOR and distance airway or segment thereof, area navi- measuring equipment; and gation low or high route, or other di- (f) Z means a very high frequency lo- rect route, applies to the entire width cation marker. of the airway, segment or route be- [Doc. No. 1580, 28 FR 6718, June 29, 1963, as tween the radio fixes defining the air- amended by Amdt. 95–118, 29 FR 13166, Sept. way, segment or route. An MEA pre- 23, 1964] scribed for an off-airway route or route segment applies to the airspace five Subpart B—Designated statute miles on each side of a direct course between radio fixes defining Mountainous Areas that route or route segment. § 95.11 General. (e) The MOCA applies to the operation of an aircraft within 25 statute The areas described in this subpart miles of the VOR station concerned. are designated mountainous areas. The MOCA assures obstruction clear- [Doc. No. 1580, 28 FR 6718, June 29, 1963] ance between the fixes specified but adequate reception of navigational sig- § 95.13 Eastern United States Moun- nals is assured only within 25 miles of tainous Area. the VOR station concerned. All of the following area excluding (f) The MRA applies to the operation those portions specified in the excep- of an aircraft over an intersection used tions. in the navigation of that aircraft. The (a) Area.

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Beginning at latitude 47°10′ N., longitude longitude 75°30′ W.; thence to latitude 43°05′ 67°55′ W.; thence west and south along the N., longitude 75°30′ W.; thence to latitude Canadian Border to latitude 45°00′ N., lon- 42°57′ N., longitude 77°30′ W.; thence to lati- gitude 74°15′ W.; thence to latitude 44°20′ N., tude 42°52′ N., longitude 78°42′ W.; thence to

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latitude 42°26′ N.,longitude 79°13′ W.; thence longitude 103°15′ W.; thence to latitude 43°00′ to latitude 42°05′ N., longitude 80°00′ W.; N., longitude 103°15′ W.; thence to latitude thence to latitude 40°50′ N., longitude 80°00′ 41°52′ N., longitude 103°39′ W.; thence to lati- W.; thence to latitude 40°26′ N., longitude tude 35°11′ N., longitude 103°39′ W.; thence to 79°54′ W.; thence to latitude 38°25′ N., lon- latitude 33°17′ N., longitude 104°27′ W.; thence gitude 81°46′ W.; thence to latitude 36°00′ N., to latitude 32°17′ N., longitude 104°14′ W.; longitude 86°00′ W.; thence to latitude 33°37′ thence to latitude 29°48′ N., longitude 102°00′ N., longitude 86°45′ W.; thence to latitude W. 32°30′ N., longitude 86°25′ W.; thence to lati- (b) Exceptions. (1) Beginning at latitude ° ′ ° ′ tude 33 22 N., longitude 85 00 W.; thence to 35°25′ N., longitude 119°09′ W.; thence to lati- ° ′ ° ′ latitude 36 35 N., longitude 79 20 W.; thence tude 35°29′ N., longitude 118°58′ W.; thence to ° ′ ° ′ to latitude 40 11 N., longitude 76 24 W.; latitude 36°49′ N., longitude 119°37′ W.; thence ° ′ ° ′ thence to latitude 41 24 N., longitude 74 30 to latitude 38°30′ N., longitude 121°24′ W.; ° ′ W.; thence to latitude 41 43 N., longitude thence to latitude39°30′ N., longitude 121°32′ ° ′ ° ′ 72 40 W.;thence to latitude 42 13 N., lon- W.; thence to latitude 40°08′ N., longitude gitude 72°44′ W.; thence to latitude 42°13′ N., ° ′ ° ′ ° ′ ° ′ 122 08 W.; thence to latitude 40 06 N., lon- longitude 72 44 W.; thence to latitude 43 12 gitude 122°20′ W.; thence to latitude 39°05′ N., N., longitude 71°30′ W.; thence to latitude longitude 122°12′ W.; thence to latitude 38°01′ 43°45′ N., longitude 70°30′ W.; thence to lati- N., longitude 121°51′ W.; thence to latitude tude 45°00′ N., longitude 69°30′ W.; thence to 37°37′ N., longitude 121°12′ W.; thence to lati- latitude 47°10′ N., longitude 67°55′ W., point of tude 37°00′ N., longitude 120°58′ W.; thence to beginning. latitude 36°14′ N., longitude 120°11′ W., point (b) Exceptions. The area bounded by of beginning. the following coordinates: (2) Beginning at latitude 49°00′ N., longitude 122°21′ W.; thence to latitude 48°34′ N., Beginning at latitude 45°00′ N., longitude longitude 122°21′ W.; thence to latitude 48°08′ 73°26′ W.; thence to latitude 44°32′ N., lon- N., longitude 122°00′ W.; thence to latitude ° ′ ° ′ gitude 73 04 W.; thence to latitude 42 51 N., 47°12′ N., longitude 122°00′ W.; thence to lati- ° ′ ° ′ longitude 73 41 W.; thence to latitude 41 38 tude 46°59′ N., longitude 122°13′ W.; thence to ° ′ N., longitude 73 46 W.; thence to latitude latitude 46°52′ N., longitude 122°16′ W.;thence ° ′ ° ′ 41 16 N., longitude 73 50 W.; thence to lati- to latitude 46°50′ N., longitude 122°40′ W.; ° ′ ° ′ tude 41 17 N., longitude 74 00 W.; thence to thence to latitude 46°35′ N., longitude 122°48′ ° ′ ° ′ latitude 41 25 N., longitude 73 58 W.; thence W.; thence to latitude 46°35′ N.,longitude ° ′ ° ′ to latitude 41 26 N., longitude 74 01 W.; 123°17′ W.; thence to latitude 47°15′ N., lon- ° ′ ° ′ thence to latitude 41 37 N., longitude 73 58 gitude 123°17′ W.; thence to latitude 47°41′ N., ° ′ W.; thence to latitude 42 41 N., longitude 122°54′ W.; thence to latitude 48°03′ ° ′ ° ′ longitude73 55 W.; thence to latitude 43 02 N., longitude 122°48′ W.; thence to latitude N., longitude 76°15′ W.; thence to latitude 48°17′ N., longitude 123°15′ W.; thence North 43°17′ N., longitude 75°21′ W.; thence to lati- and East along the United States and Canada tude 42°59′ N., longitude 74°43′ W.; thence to Boundary to latitude 49°00′ N., longitude latitude 42°52′ N.,longitude 73°53′ W.; thence 122°21′ W., point of beginning. to latitude 44°30′ N., longitude 73°18′ W.; thence to latitude 45°00′ N., longitude 73°39′ [21 FR 2750, Apr. 28, 1956. Redesignated by W.; thence to latitude 45°00′ N., longitude Amdt. 1–1, 28 FR 6718, June 29, 1963, and 73°26′ W., point of beginning. amended by Amdt. 95–255, 40 FR 2579, Jan. 14, [21 FR 2750, Apr. 28, 1956. Redesignated by 1975] Amdt. 1–1, 28 FR 6718, June 29, 1963] § 95.17 Alaska Mountainous Area. § 95.15 Western United States Moun- All of the following area excluding tainous Area. those portions specified in the excep- All of the following area excluding tions: that portion specified in the excep- (a) Area. The Territory of Alaska. tions: (b) Exceptions. (a) Area. From the Pacific coastline of the United States, eastward along (1) Beginning at latitude 64°54′ N., lon- the Canadian and Mexican borders, to gitude 147°20′ W.; thence to latitude 64°50′ N., the following coordinates: longitude 151°22′ W.; thence to latitude 64°26′ N., longitude 151°22′ W.; thence to latitude Beginning at latitude 49°00′ N., longitude 64°25′ N., longitude 147°20′ W.; thence to lati- 108°00′ W.; thence to latitude 46°45′ N., lon- tude 64°54′ N., longitude 147°20′ W., point of gitude 104°00′ W.; thence to latitude 44°06′ N., beginning.

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(2) Beginning at latitude 61°50′ N., lon- thence to latitude 61°44′ N., longitude 149°48′ gitude 151°12′ W.; thence to latitude 61°24′ N., W.; thence to latitude 62°23′ N., longitude longitude 150°28′ W.; thence to latitude 59°40′ 149°54′ W.; thence to latitude 62°23′ N., lon- N., longitude 152°23′ W.; thence to latitude gitude 150°14′ W.; thence to latitude 61°50′ N., 59°33′ N., longitude 151°28′ W.; thence to lati- longitude 151°12′ W., point of beginning. tude 60°31′ N., longitude 150°43′ W.; thence to (3) Beginning at latitude 58°56′ N., lon- latitude 61°13′ N., longitude 149°39′ W.;thence gitude 156°58′ W.; thence to latitude 58°47′ N., to latitude 61°37′ N., longitude 149°15′ W.; longitude 156°27′ W.; thence to latitude 56°43′

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N., longitude 158°39′ W.; thence to latitude thence eastward along the 69°50′ parallel to a 56°50′ N., longitude 159°00′ W.; thence along point where 69°50′ intersects the northeast the shore line to latitude 58°56′ N., longitude coastline of Alaska; thence westward along 156°58′ W., point of beginning. the northern coastline of Alaska to the (4) Beginning at latitude 61°47′ N., lon- intersection of latitude 69°30′, point of begin- gitude 159°40′ W.; thence to latitude 61°34′ N., ning. longitude 159°15′ W.; thence to latitude 60°32′ N., longitude 161°42′ W.; thence to latitude [21 FR 2750, Apr. 28, 1956, as amended by 60°45′ N., longitude 162°06′ W.; thence to lati- Amdt. 88, 27 FR 4356, May 8, 1962. Redesig- tude 61°47′ N., longitude 159°40′ W., point of nated by Amdt. 1–1, 28 FR 6718, June 29, 1963] beginning. (5) Beginning at a point where latitude § 95.19 Hawaii Mountainous Area. 69°30′ intersects the northwest coast of Alas- ka and eastward along the 69°30′ parallel to The following islands of the State of the 150° Meridian; thence northward along Hawaii: Kauai, Oahu, Molokai, Lanai, the 150° Meridian to 69°50′ north latitude; Kehoolawe, Maui, and Hawaii.

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[Amdt. 88, 27 FR 4536, May 8, 1962. Redesignated by Amdt. 1–1, 28 FR 6719, June 29, 1963]

§ 95.21 Puerto Rico Mountainous Area. N.,longitude 65°42′ W.; thence to latitude 18°03′ N., longitude 65°52′ W.; thence to lati- The area bounded by the following tude 18°02′ N., longitude 65°51′ W.;thence to coordinates: latitude 17°59′ N., longitude 65°55′ W.; thence Beginning at latitude 18°22′ N., longitude to latitude 18°05′ N., longitude 66°57′ W.; 66°58′ W., thence to latitude 18°19′ N., lon- thence to latitude 18°11′ N., longitude 67°07′ gitude 66°06′ W.; thence to latitude 18°20′ N., W.; thence to latitude 18°22′ N., longitude longitude 65°50′ W.; thence to latitude 18°20′ 66°58′ W.; the point of beginning.

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[Amdt. 88, 27 FR 4536, May 8, 1962; 27 FR 5603, June 13, 1962. Redesignated by Amdt. 1–1, 28 FR 6719, June 29, 1963]

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Subpart C—En Route IFR Altitudes Subpart B—Procedures Over Particular Routes and 97.10 General. Intersections Subpart C—TERPS Procedures EDITORIAL NOTE: The prescribed IFR alti- 97.20 General. tudes for flights over particular routes and intersections in this subpart were formerly AUTHORITY: 49 U.S.C. 106(g), 40103, 40106, carried as §§ 610.11 through 610.6887 of this 40113, 40114, 40120, 44502, 44514, 44701, 44719, title and were transferred to part 95 as 44721–44722. §§ 95.41 through 95.6887, respectively, but are SOURCE: Docket No. 1580, 28 FR 6719, June not carried in the Code of Federal Regula- 29, 1963, unless otherwise noted. tions. For FEDERAL REGISTER citations affecting these routes, see the List of CFR Sec- tions Affected, which appears in the Finding Subpart A—General Aids section of the printed volume and on GPO Access. § 97.1 Applicability. § 95.31 General. This part prescribes standard instrument approach procedures for instru- This subpart prescribes IFR altitudes ment letdown to airports in the United for flights along particular routes or States and the weather minimums that route segments and over additional apply to takeoffs and landings under intersections not listed as a part of a IFR at those airports. route or route segment. [Doc. No. 1580, 28 FR 6719, June 29, 1963] § 97.3 Symbols and terms used in procedures. Subpart D—Changeover Points As used in the standard terminal instrument procedures prescribed in this EDITORIAL NOTE: The prescribed COP’s for part— Federal airways, jet routes, or other direct (a) A means alternate airport weath- routes for which an MEA is designated in er minimum. this part are not carried in the Code of Fed- (b) Aircraft approach category means a eral Regulations. For Federal Register cita- grouping of aircraft based on a speed of tions affecting these routes see the List of VREF, if specified, or if VREF is not speci- CFR Sections Affected, which appears in the fied, 1.3 V at the maximum certifi- Finding Aids section of the printed volume S0 and on GPO Access. cated landing weight. VREF, VS0, and the maximum certificated landing weight § 95.8001 General. are those values as established for the This subpart prescribes COP’s for aircraft by the certification authority Federal airways, jet routes, area navi- of the country of registry. The cat- gation routes, or other direct routes egories are as follows: for which an MEA is designated in this (1) Category A: Speed less than 91 part. Unless otherwise specified the knots. COP is midway between the navigation (2) Category B: Speed 91 knots or facilities or way points for straight more but less than 121 knots. route segments, or at the intersection (3) Category C: Speed 121 knots or of radials or courses forming a dogleg more but less than 141 knots. in the case of dogleg route segments. (4) Category D: Speed 141 knots or more but less than 166 knots. [Doc. No. 10580, 35 FR 14610, Sept. 18, 1970] (5) Category E: Speed 166 knots or more. PART 97—STANDARD INSTRUMENT (c) Approach procedure segments for APPROACH PROCEDURES which altitudes (all altitudes prescribed are minimum altitudes unless Subpart A—General otherwise specified) or courses, or both, are prescribed in procedures, are as fol- Sec. 97.1 Applicability. lows: 97.3 Symbols and terms used in procedures. (1) Initial approach is the segment be- 97.5 Bearings; courses; headings; radials; tween the intial approach fix and the miles. intermediate fix or the point where the

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aircraft is established on the inter- tificated landing weight with full flaps, mediate course or final approach landing gear extended, and power off. course. (l) MSA means minimum safe alti- (2) Initial approach altitude means the tude, an emergency altitude expressed altitude (or altitudes, in High Altitude in feet above mean sea level, which Procedures) prescribed for the initial provides 1,000 feet clearance over all approach segment of an instrument ap- obstructions in that sector within 25 proach. miles of the facility on which the pro- (3) Intermediate approach is the seg- cedure is based (LOM in ILS proce- ment between the intermediate fix or dures). point and the final approach fix. (m) N means night. (4) Final approach is the segment be- (n) NA means not authorized. tween the final approach fix or point (o) NOPT means no procedure turn and the runway, airport, or missed-ap- required (altitude prescribed applies proach point. only if procedure turn is not executed). (5) Missed approach is the segment be- (o–1) Point in space approach means a tween the missed-approach point, or helicopter instrument approach proce- point of arrival at decision height, and dure to a missed approach point that is the missed-approach fix at the pre- more than 2,600 feet from an associated scribed altitude. helicopter landing area. (d) C means circling landing min- (p) Procedure turn means the maneu- imum, a statement of ceiling and visi- ver prescribed when it is necessary to bility values, or minimum descent alti- reverse direction to establish the air- tude and visibility, required for the cir- craft on an intermediate or final ap- cle-to-land maneuver. proach course. The outbound course, (d–1) Copter procedures means heli- direction of turn, distance within copter procedures, with applicable which the turn must be completed, and minimums as prescribed in § 97.35 of minimum altitude are specified in the this part. Helicopters may also use procedure. However, the point at which other procedures prescribed in Subpart the turn may be commenced, and the C of this part and may use the Cat- type and rate of turn, is left to the dis- egory A minimum descent altitude cretion of the pilot. (MDA) or decision height (DH). The re- (q) RA means radio altimeter setting quired visibility minimum may be re- height. duced to one-half the published visi- (r) RVV means runway visibility bility minimum for Category A air- value. craft, but in no case may it be reduced (s) S means straight-in landing min- to less than one-quarter mile or 1,200 imum, a statement of ceiling and visi- feet RVR. bility, minimum descent altitude and (e) Ceiling minimum means the min- visibility, or decision height and visi- imum ceiling, expressed in feet above bility, required for a straight-in land- the surface of the airport, required for ing on a specified runway. The number takeoff or required for designating an appearing with the S indicates the run- airport as an alternate airport. way to which the minimum applies. If (f) D means day. a straight-in minimum is not pre- (g) FAF means final approach fix. scribed in the procedure, the circling (h) HAA means height above airport. minimum specified applies to a (h–1) HAL means height above a des- straight-in landing. ignated helicopter landing area used (t) Shuttle means a shuttle, or race- for helicopter instrument approach track-type, pattern with 2-minute legs procedures. prescribed in lieu of a procedure turn. (i) HAT means height above touch- (u) 65 knots or less means an aircraft down. that has a stalling speed of 65 knots or (j) MAP means missed approach less (as established in an approved point. flight manual) at maximum certifi- (k) More than 65 knots means an air- cated landing weight with full flaps, craft that has a stalling speed of more landing gear extended, and power off. than 65 knots (as established in an ap- (v) T means takeoff minimum. proved flight manual) at maximum cer- (w) TDZ means touchdown zone.

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(x) Visibility minimum means the min- ies of SIAPs originating in a particular imum visibility specified for approach, Flight Inspection District Office are or landing, or takeoff, expressed in available for examination at that of- statute miles, or in feet where RVR is fice. Based on the information con- reported. tained on FAA Form 3139, standard in- (Secs. 307(c), 313(a), 601, Federal Aviation Act strument approach procedures are por- of 1958, as amended (49 U.S.C. 1348(c), 1354(a), trayed on charts prepared for the use of 1421); sec. 6(c), Department of Transportation pilots by the U.S. Coast and Geodetic Act (49 U.S.C. 1655(c))) Survey and other publishers of aero- [Doc. No. 8130, 32 FR 13911, Oct. 6, 1967, as nautical charts. amended by Amdt. 97–803, 37 FR 6287, Mar. 28, 1972; Amdt. 97–1133, 44 FR 15659, Mar. 15, 1979; [Doc. No. 9748, 35 FR 5609, Apr. 7, 1970] Amdt. 97–1333, 67 FR 70828, Nov. 26, 2002] Subpart C—TERPS Procedures § 97.5 Bearings; courses; headings; radials; miles. SOURCE: Docket No. 8130, 32 FR 13912, Oct. (a) All bearings, courses, headings, 6, 1967, unless otherwise noted. and radials in this part are magnetic. (b) RVR values are stated in feet. EDITORIAL NOTE: The procedures for §§ 97.21 Other visibility values are stated in through 97.35, respectively, are not carried in statute miles. All other mileages are the Code of Federal Regulations. For FED- stated in nautical miles. ERAL REGISTER citations affecting these procedures, see the List of CFR Sections Af- [Doc. No. 561, 32 FR 13912, Oct. 6, 1967] fected, which appears in the Finding Aids section of the printed volume and on GPO Subpart B—Procedures Access. § 97.20 General. EDITORIAL NOTE: The procedures set forth in this subpart were formerly carried as This subpart prescribes standard in- §§ 609.100 through 609.500 of this title and strument approach procedures based on were transferred to part 97 as §§ 97.11 through the criteria contained in the U.S. 97.19, respectively, but are not carried in the Standard for Terminal Instrument Ap- Code of Federal Regulations. For Federal Register citations affecting these proce- proach Procedures (TERPs). The stand- dures, see the List of CFR Sections Affected, ard instrument approach procedures which appears in the Finding Aids section of adopted by the FAA and described on the printed volume and on GPO Access. FAA Form 8260–3, 8260–4, or 8260–5 are incorporated into this part and made a § 97.10 General. part hereof as provided in 5 U.S.C. This subpart prescribes standard in- 552(a)(1) and pursuant to 1 CFR part 20. strument approach procedures other The incorporated standard than those based on the criteria con- instrumentapproach procedures are tained in the U.S. Standard for Ter- available for examination at the Rules minal Instrument Approach Procedures Docket and at the National Flight (TERPs). Standard instrument ap- Data Center, Federal Aviation Admin- proach procedures adopted by the FAA istration, 800 Independence Avenue and described on FAA Form 3139 are in- SW., Washington, DC 20590. Copies of corporated into this part and made a SIAPs adopted in a particular FAA Re- part hereof as provided in 5 U.S.C. 552(a)(1) and pursuant to 1 CFR part 20. gion are also available for examination The incorporated standard instrument at the headquarters of that Region. approach procedures are available for Moreover, copies of SIAPs originating examination at the Rules Docket and in a particular Flight Inspection Dis- at the National Flight Data Center, trict Office are available for examina- Federal Aviation Administration, 800 tion at that Office. Based on the infor- Independence Avenue SW., Washington, mation contained on FAA Form 8260–3, DC 20590. Copies of SIAPs adopted in a 8260–4, and 8260–5, standard instrument particular FAA Region are also avail- approach procedures are portrayed on able for examination at the head- charts prepared for the use of pilots by quarters of that region. Moreover, cop- the U.S. Coast and Geodetic Survey

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and other publishers of aeronautical (1) Within the 48 contiguous States charts. and the District of Columbia, or within the State of Alaska, on a flight which (Sec. 6(c) Department of Transportation Act. 49 U.S.C. 1655(c) and 5 U.S.C. 552(a)(1)) remains within 10 nautical miles of the point of departure; [Doc. No. 9748, 35 FR 5609, Apr. 7, 1970] (2) Operating at true airspeed of less than 180 knots in the Hawaii ADIZ or PART 99—SECURITY CONTROL OF over any island, or within 12 nautical AIR TRAFFIC miles of the coastline of any island, in the Hawaii ADIZ; Subpart A—General (3) Operating at true airspeed of less than 180 knots in the Alaska ADIZ Sec. while the pilot maintains a continuous 99.1 Applicability. 99.3 Definitions. listening watch on the appropriate fre- 99.5 Emergency situations. quency; or 99.7 Special security instructions. (4) Operating at true airspeed of less 99.9 Radio requirements. than 180 knots in the Guam ADIZ. 99.11 ADIZ flight plan requirements. (c) An FAA ATC center may exempt 99.12 Transponder-on requirements. the following operations from this sub- 99.15 Arrival or completion notice. part (except § 99.7), on a local basis 99.17 Position reports; aircraft operating in only, with the concurrence of the mili- or penetrating an ADIZ; IFR. 99.19 Position reports; aircraft operating in tary commanders concerned: or penetrating an ADIZ; DVFR. (1) Aircraft operations that are con- 99.21 Position reports; aircraft entering the ducted wholly within the boundaries of United States through an ADIZ; United an ADIZ and are not currently signifi- States aircraft. cant to the air defense system. 99.23 Position reports; aircraft entering the (2) Aircraft operations conducted in United States through an ADIZ; foreign accordance with special procedures aircraft. prescribed by the military authorities 99.27 Deviation from flight plans and ATC clearances and instructions. concerned. 99.29 Radio failure; DVFR. [Doc. No. 25113, 53 FR 18217, May 20, 1988, as 99.31 Radio failure; IFR. amended by Amdt. 99–14, 53 FR 44182, Nov. 2, 1988; 66 FR 49822, Sept. 28, 2001] Subpart B—Designated Air Defense Identification Zones § 99.3 Definitions. 99.41 General. Aeronautical facility means, for the 99.42 Contiguous U.S. ADIZ. purposes of this subpart, a communica- 99.43 Alaska ADIZ. tions facility where flight plans or po- 99.45 Guam ADIZ. sition reports are normally filed during 99.47 Hawaii ADIZ. flight operations. 99.49 Defense Area. Air defense identification zone (ADIZ) AUTHORITY: 49 U.S.C. 106(g), 40101, 40103, means an area of airspace over land or 40106, 40113, 40120, 44502, 44721. water in which the ready identifica- SOURCE: Docket No. 25113, 53 FR 18217, May tion, location, and control of civil air- 20, 1988, unless otherwise noted. craft is required in the interest of national security. Subpart A—General Defense area means any airspace of the contiguous United States that is § 99.1 Applicability. not an ADIZ in which the control of (a) This subpart prescribes rules for aircraft is required for reasons of na- operating civil aircraft in a defense tional security. area, or into, within, or out of the Defense visual flight rules (DVFR) United States through an Air Defense flight means, for the purposes of this Identification Zone (ADIZ), designated subpart, a flight within an ADIZ con- in subpart B. ducted by a civil aircraft under the vis- (b) Except for §§ 99.7 and 99.12, this ual flight rules in part 91 of this title. subpart does not apply to the operation [Doc. No. FAA–2001–10693, 66 FR 49822, Sept. of any aircraft— 28, 2001]

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§ 99.5 Emergency situations. (2) A flight plan for VFR flight must contain the information specified in In an emergency that requires imme- § 91.153(a) (1) through (6). diate decision and action for the safety of the flight, the pilot in command of (3) If airport of departure is within an aircraft may deviate from the rules the Alaskan ADIZ and there is no facil- in this part to the extent required by ity for filing a flight plan then: that emergency. He shall report the (i) Immediately after takeoff or when reasons for the deviation to the com- within range of an appropriate aero- munications facility where flight plans nautical facility, comply with provi- or position reports are normally filed sions of paragraph (b)(1) or (b)(2) as ap- (referred to in this part as ‘‘an appro- propriate. priate aeronautical facility’’) as soon (ii) Proceed according to the instruc- as possible. tions issued by the appropriate aeronautical facility. § 99.7 Special security instructions. (c) The pilot shall designate a flight Each person operating an aircraft in plan for VFR flight as a DVFR flight an ADIZ or Defense Area shall, in addi- plan. tion to the applicable rules of this part, [Doc. No. 25113, 53 FR 18217, May 20, 1988; 53 comply with special security instruc- FR 44182, Nov. 2, 1988, as amended by Amdt. tions issued by the Administrator in 99–15, 54 FR 34331, Aug. 18, 1989; 66 FR 49822, the interest of national security and Sept. 28, 2001] that are consistent with appropriate agreements between the FAA and the § 99.12 Transponder-on requirements. Department of Defense. (a) Aircraft transponder-on operation. Each person operating an aircraft into § 99.9 Radio requirements or out of the United States into, with- (a) A person who operates a civil air- in, or across an ADIZ designated in craft into an ADIZ must have a func- subpart B of this part, if that aircraft tioning two-way radio, and the pilot is equipped with an operable radar bea- must maintain a continuous listening con transponder, shall operate the watch on the appropriate aeronautical transponder, including altitude encod- facility’s frequency. ing equipment if installed, and shall (b) No person may operate an aircraft reply on the appropriate code or as as- into, within, or whose departure point signed by ATC. is within an ADIZ unless— (b) ATC transponder equipment and (1) The person files a DVFR flight use. Effective September 7, 1990, unless plan containing the time and point of otherwise authorized by ATC, no per- ADIZ penetration, and son may operate a civil aircraft into or (2) The aircraft departs within five out of the United States into, within, minutes of the estimated departure or across the contiguous U.S. ADIZ time contained in the flight plan. designated in subpart B of this part unless that aircraft is equipped with a [Doc. No. FAA–2001–10693, 66 FR 49822, Sept. coded radar beacon transponder. 28, 2001] (c) ATC transponder and altitude reporting equipment and use. Effective De- § 99.11 ADIZ flight plan requirements. cember 30, 1990, unless otherwise au- (a) Unless otherwise authorized by thorized by ATC, no person may oper- air traffic control, a person must not ate a civil aircraft into or out of the operate an aircraft into, within, or United States into, within, or across whose departure point is within an the contiguous U.S. ADIZ unless that ADIZ unless the person files, activates, aircraft is equipped with a coded radar and closes a flight plan with the appro- beacon transponder and automatic priate aeronautical facility. pressure altitude reporting equipment (b) Unless ATC authorizes an abbre- having altitude reporting capability viated flight plan— that automatically replies to interro- (1) A flight plan for IFR flight must gations by transmitting pressure alti- contain the information specified in tude information in 100-foot incre- § 91.169; and ments.

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(d) Paragraphs (b) and (c) of this sec- over the first reporting point along the tion do not apply to the operation of an flight route. aircraft which was not originally certificated with an engine-driven elec- § 99.21 Position reports; aircraft enter- trical system and which has not subse- ing the United States through an quently been certified with such a sys- ADIZ; United States aircraft. tem installed, a balloon, or a glider. The pilot of an aircraft entering the [Doc. No. 24903, 55 FR 8395, Mar. 7, 1990] United States through an ADIZ shall make the reports required in § 99.17 or § 99.15 Arrival or completion notice. 99.19 to an appropriate aeronautical facility. The pilot in command of an aircraft for which a flight plan has been filed § 99.23 Position reports; aircraft enter- shall file an arrival or completion no- ing the United States through an tice with an appropriate aeronautical ADIZ; foreign aircraft. facility, unless the flight plan states that no notice will be filed. In addition to such other reports as ATC may require, no pilot in command § 99.17 Position reports; aircraft oper- of a foreign civil aircraft may enter the ating in or penetrating an ADIZ; U.S. through an ADIZ unless that pilot IFR. makes the reports required in § 99.17 or The pilot of an aircraft operating in 99.19 or reports the position of the air- or penetrating an ADIZ under IFR— craft when it is not less than one hour (a) In controlled airspace, shall make and not more than 2 hours average di- the position reports required in § 91.183; rect cruising distance from the United and States. (b) In uncontrolled airspace, shall [Doc. No. 25113, 53 FR 18217, May 20, 1988; 53 make the position reports required in FR 21989, June 13, 1988] § 99.19. § 99.27 Deviation from flight plans and [Doc. No. 25113, 53 FR 18217, May 20, 1988, as ATC clearances and instructions. amended by Amdt. 99–15, 54 FR 34331, Aug. 18, 1989] (a) No pilot may deviate from the provisions of an ATC clearance or ATC § 99.19 Position reports; aircraft oper- instruction except in accordance with ating in or penetrating an ADIZ; § 91.123 of this chapter. DVFR. (b) No pilot may deviate from the No pilot may operate an aircraft pen- filed IFR flight plan when operating an etrating an ADIZ under DVFR unless— aircraft in uncontrolled airspace unless (a) That pilot reports to an appro- that pilot notifies an appropriate aero- priate aeronautical facility before pen- nautical facility before deviating. etration: The time, position, and alti- (c) No pilot may deviate from the tude at which the aircraft passed the filed DVFR flight plan unless that pilot last reporting point before penetration notifies an appropriate aeronautical fa- and the estimated time of arrival over cility before deviating. the next appropriate reporting point along the flight route; [Doc. No. 25113, 53 FR 18217, May 20, 1988, as (b) If there is no appropriate report- amended by Amdt. 99–15, 54 FR 34331, Aug. 18, ing point along the flight route, that 1989] pilot reports at least 15 minutes before penetration: The estimated time, posi- § 99.29 Radio failure; DVFR. tion, and altitude at which he will pen- If the pilot operating an aircraft etrate; or under DVFR in an ADIZ cannot main- (c) If the airport departure is within tain two-way radio communications, an ADIZ or so close to the ADIZ bound- the pilot may proceed in accordance ary that it prevents his complying with with original DVFR flight plan or land paragraphs (a) or (b) of this section, as soon as practicable. The pilot shall that pilot has reported immediately report the radio failure to an appro- after taking off: the time of departure, priate aeronautical facility as soon as altitude, and estimated time of arrival possible.

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§ 99.31 Radio failure; IFR. 74°00′W; 39°30′N; 63°45′W; 43°00′N; 65°48′W; to point of beginning. If a pilot operating an aircraft under IFR in an ADIZ cannot maintain two- [Doc. No. FAA–2001–10693, 66 FR 49822, Sept. way radio communications, the pilot 28, 2001] shall proceed in accordance with § 91.185 of this chapter. § 99.43 Alaska ADIZ. [Doc. No. 25113, 53 FR 18217, May 20, 1988, as The area is bounded by a line from amended by Amdt. 99–15, 54 FR 34331, Aug. 18, 54°00′N; 136°00′W; 56°57′N; 144°00′W; 1989] 57°00′N; 145°00′W; 53°00′N; 158°00′W; 50°00′N; 169°00′W; 50°00′N; 180°00′; 50°00′N; Subpart B—Designated Air 170°00′E; 53°00′N; 170°00′E; 60°00′00′N; 180°00′; 65°00′N; 169°00′W; then along Defense Identification Zones 169°00′W; to 75°00′N; 169°00′W; then along the 75°00′N; parallel to 75°00′N, 141°00′W; § 99.41 General. 69°50′N; 141°00′W 71°18′N; 156°44′W; The airspace above the areas de- 68°40′N; 167°10′W; 67°00′N; 165°00′W; scribed in this subpart is established as 65°40′N; 168°15′W; 63°45′N; 165°30′W; an ADIZ Defense Area. The lines be- 61°20′N; 166°40′W; 59°00′N; 163°00′W; then tween points described in this subpart south along 163°00′W to 54°00′N, are great circles except that the lines 163°00′W; 56°30′N; 154°00′W; 59°20′N; joining adjacent points on the same 146°00′W; 59°30′N; 140°00′W; 57°00′N; parallel of latitude are rhumb lines. 136°00′W; 54°35′N, 133°00′W; to point of beginning. § 99.42 Contiguous U.S. ADIZ [Doc. No. FAA–2001–10693, 66 FR 49822, Sept. The area bounded by a line 28, 2001] from43°15′N, 65°55′W; 44°21′N; 67°16′W; 43°10′N; 69°40′W; 41°05′N; 69°40′W; 40°32′N; § 99.45 Guam ADIZ. 72°15′W; 39°55′N; 73°00′W; 39°38′N; 73°00′W; (a) Inner boundary. From a point 39°36′N; 73°40′W; 37°00′N; 75°30′W; 36°10′N; 13°52′07″ N, 143°59′16″ E, counter- 75°10′W; 35°10′N; 75°10′W; 32°00′N; 80°30′W; clockwise along the 50-nautical-mile 30°30′N; 81°00′W; 26°40′N; 79°40′W; 25°00′N; radius arc of the NIMITZ VORTAC (lo- 80°05′W; 24°25′N; 81°15′W; 24°20′N; 81°45′W; cated at 13°27′11″ N, 144°43′51″ E); to a 24°30′N; 82°06′W; 24°41′N; 82°06′W; 24°43′N; point 13°02′08″ N, 145°28′17″ E; then to a 82°00′W; 25°00′N; 81°30′W; 25°10′N; 81°23′W; point 14°49′07″ N, 146°13′58″ E; counter- 25°35′N; 81°30′W; 26°15′N 82°20′W; 27°50′N; clockwise along the 35-nautical-mile 83°05′W; 28°55′N; 83°30′W; 29°42′N; 84°00′W; radius arc of the SAIPAN NDB(located 29°20′N; 85°00′W; 30°00′N; 87°10′W; 30°00′N; at 15°06′46″ N, 145°42′42″ E); to a point 88°30′W; 28°45′N; 88°55′W; 28°45′N; 90°00′W; 15°24′21″ N, 145°11′21″ E; then to the 29°25′N; 94°00′W; 28°20′N; 96°00′W; 27°30′N; point of origin. 97°00′W; 26°00′N; 97°00′W; 25°58′N; 97°07′W; westward along the U.S./Mexico border (b) Outer boundary. The area bounded to 32°32′03′N, 117°07′25′W; 32°30′N; by a circle with a radius of 250 NM cen- ° ′ ″ 117°25′W; 32°35′N; 118°30′W; 33°05′N; tered at latitude 13 32 41 N, ° ′ ″ 119°45′W; 33°55′N; 120°40′W; 34°50′N; longitude144 50 30 E. 121°10′W; 38°50′N; 124°00′W; 40°00′N; § 99.47 Hawaii ADIZ. 124°35′W; 40°25′N; 124°40′W; 42°50′N; 124°50′W; 46°15′N; 124°30′W; 48°30′N; (a) Outer boundary. The area included 125°00′W; 48°20′N; 128°00′W; 48°20′N; in the irregular octagonal figure 132°00′W; 37°42′N; 130°40′W; 29°00′N; formed by a line connecting 26°30′ N, 124°00′W; 30°45′N; 120°50′W; 32°00′N; 156°00′ W; 26°30′ N, 161°00′ W; 24°00′ N, 118°24′W; 32°30′N; 117°20′W; 32°32′03′N; 164°00′ W; 20°00′ N, 164°00′ W; 17°00′ N, 117°07′25′W; eastward along the U.S./ 160°00′ W; 17°00′ N, 156°00′ W; 20°00′ N, Mexico border to 25°58′N, 97°07′W; 153°00′ W; 22°00′ N, 153°00′ W; to point of 26°00′N; 97°00′W; 26°00′N; 95°00′W; 26°30′N; beginning. 95°00′W; then via 26°30′N; parallel to (b) Inner boundary. The inner bound- 26°30′N; 84°00′W; 24°00′N; 83°00′W; then ary to follow a line connecting 22°30′ N, Via 24°00′N; parallel to 24°00′N; 79°25′W; 157°00′ W; 22°30′ N, 160°00′ W; 22°00′ N, 25°40′N; 79°25′W; 27°30′N; 78°50′W; 30°45′N; 161°00′ W; 21°00′ N, 161°00′ W; 20°00′ N,

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160°00′ W; 20°00′ N, 156°30′ W; 21°00′ N, (2) Except as provided for in § 101.7, 155°30′ W; to point of beginning. any kite that weighs more than 5 pounds and is intended to be flown at § 99.49 Defense Area. the end of a rope or cable. All airspace of the United States is (3) Any unmanned rocket except: designated as Defense Area except that (i) Aerial firework displays; and, airspace already designated as Air De- (ii) Model rockets: fense Identification Zone. (a) Using not more than four ounces of propellant; PART 101—MOORED BALLOONS, (b) Using a slow-burning propellant; KITES, UNMANNED ROCKETS (c) Made of paper, wood, or breakable AND UNMANNED FREE BAL- plastic, containing no substantial metal parts and weighing not more LOONS than 16 ounces, including the propellant; and Subpart A—General (d) Operated in a manner that does Sec. not create a hazard to persons, prop- 101.1 Applicability. erty, or other aircraft. 101.3 Waivers. (4) Except as provided for in § 101.7, 101.5 Operations in prohibited or restricted any unmanned free balloon that— areas. 101.7 Hazardous operations. (i) Carries a payload package that weighs more than four pounds and has Subpart B—Moored Balloons and Kites a weight/size ratio of more than three ounces per square inch on any surface 101.11 Applicability. of the package, determined by dividing 101.13 Operating limitations. 101.15 Notice requirements. the total weight in ounces of the pay- 101.17 Lighting and marking requirements. load package by the area in square 101.19 Rapid deflation device. inches of its smallest surface; (ii) Carries a payload package that Subpart C—Unmanned Rockets weighs more than six pounds; 101.21 Applicability. (iii) Carries a payload, of two or more 101.22 Special provisions for large model packages, that weighs more than 12 rockets. pounds; or 101.23 Operating limitations. (iv) Uses a rope or other device for 101.25 Notice requirements. suspension of the payload that requires an impact force of more than 50 pounds Subpart D—Unmanned Free Balloons to separate the suspended payload from 101.31 Applicability. the balloon. 101.33 Operating limitations. (b) For the purposes of this part, a 101.35 Equipment and marking require- gyroglider attached to a vehicle on the ments. surface of the earth is considered to be 101.37 Notice requirements. a kite. 101.39 Balloon position reports. [Doc. No. 1580, 28 FR 6721, June 29, 1963, as AUTHORITY: 49 U.S.C. 106(g), 40103, 40113– 40114, 45302, 44502, 44514, 44701–44702, 44721, amended by Amdt. 101–1, 29 FR 46, Jan. 3, 46308. 1964; Amdt. 101–3, 35 FR 8213, May 26, 1970] § 101.3 Waivers. Subpart A—General No person may conduct operations § 101.1 Applicability. that require a deviation from this part except under a certificate of waiver (a) This part prescribes rules gov- issued by the Administrator. erning the operation in the United States, of the following: [Doc. No. 1580, 28 FR 6721, June 29, 1963] (1) Except as provided for in § 101.7, any balloon that is moored to the sur- § 101.5 Operations in prohibited or re- face of the earth or an object thereon stricted areas. and that has a diameter of more than 6 No person may operate a moored bal- feet or a gas capacity of more than 115 loon, kite, unmanned rocket, or un- cubic feet. manned free balloon in a prohibited or

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restricted area unless he has permis- § 101.15 Notice requirements. sion from the using or controlling No person may operate an unshielded agency, as appropriate. moored balloon or kite more than 150 [Doc. No. 1457, 29 FR 46, Jan. 3, 1964] feet above the surface of the earth unless, at least 24 hours before beginning § 101.7 Hazardous operations. the operation, he gives the following (a) No person may operate any information to the FAA ATC facility moored balloon, kite, unmanned rock- that is nearest to the place of intended et, or unmanned free balloon in a man- operation: ner that creates a hazard to other per- (a) The names and addresses of the sons, or their property. owners and operators. (b) No person operating any moored (b) The size of the balloon or the size balloon, kite, unmanned rocket, or un- and weight of the kite. manned free balloon may allow an ob- (c) The location of the operation. ject to be dropped therefrom, if such (d) The height above the surface of action creates a hazard to other per- the earth at which the balloon or kite sons or their property. is to be operated. (Sec. 6(c), Department of Transportation Act (e) The date, time, and duration of (49 U.S.C. 1655(c))) the operation. [Doc. No. 12800, 39 FR 22252, June 21, 1974] § 101.17 Lighting and marking requirements. Subpart B—Moored Balloons and (a) No person may operate a moored Kites balloon or kite, between sunset and sunrise unless the balloon or kite, and SOURCE: Docket No. 1580, 28 FR 6722, June its mooring lines, are lighted so as to 29, 1963, unless otherwise noted. give a visual warning equal to that required for obstructions to air naviga- § 101.11 Applicability. tion in the FAA publication ‘‘Obstruc- This subpart applies to the operation tion Marking and Lighting’’. of moored balloons and kites. However, (b) No person may operate a moored a person operating a moored balloon or balloon or kite between sunrise and kite within a restricted area must com- sunset unless its mooring lines have ply only with § 101.19 and with addi- colored pennants or streamers attached tional limitations imposed by the using at not more than 50 foot intervals be- or controlling agency, as appropriate. ginning at 150 feet above the surface of the earth and visible for at least one § 101.13 Operating limitations. mile. (a) Except as provided in paragraph (Sec. 6(c), Department of Transportation Act (b) of this section, no person may oper- (49 U.S.C. 1655(c))) ate a moored balloon or kite— (1) Less than 500 feet from the base of [Doc. No. 1580, 28 FR 6722, June 29, 1963, as amended by Amdt. 101–4, 39 FR 22252, June any cloud; 21, 1974] (2) More than 500 feet above the surface of the earth; § 101.19 Rapid deflation device. (3) From an area where the ground No person may operate a moored bal- visibility is less than three miles; or loon unless it has a device that will (4) Within five miles of the boundary automatically and rapidly deflate the of any airport. balloon if it escapes from its moorings. (b) Paragraph (a) of this section does If the device does not function prop- not apply to the operation of a balloon erly, the operator shall immediately or kite below the top of any structure notify the nearest ATC facility of the and within 250 feet of it, if that shield- location and time of the escape and the ed operation does not obscure any estimated flight path of the balloon. lighting on the structure.

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Subpart C—Unmanned Rockets § 101.25 Notice requirements. No person may operate an unmanned § 101.21 Applicability. rocket unless that person gives the fol- This subpart applies to the operation lowing information to the FAA ATC fa- of unmanned rockets. However, a per- cility nearest to the place of intended son operating an unmanned rocket operation no less than 24 hours prior to within a restricted area must comply and no more than 48 hours prior to be- only with § 101.23(g) and with additional ginning the operation: limitations imposed by the using or (a) The names and addresses of the controlling agency, as appropriate. operators; except when there are mul- tiple participants at a single event, the [Doc. No. 1580, 28 FR 6722, June 29, 1963] name and address of the person so designated as the event launch coordi- § 101.22 Special provisions for large nator, whose duties include coordina- model rockets. tion of the required launch data esti- Persons operating model rockets that mates and coordinating the launch use not more than 125 grams of propel- event; lant; that are made of paper, wood, or (b) The estimated number of rockets breakable plastic; that contain no sub- to be operated; stantial metal parts, and that weigh (c) The estimated size and the esti- not more than 1,500 grams, including mated weight of each rocket; and (d) The estimated highest altitude or the propellant, need not comply with flight level to which each rocket will § 101.23 (b), (c), (g), and (h), provided: be operated. (a) That person complies with all pro- (e) The location of the operation. visions of § 101.25; and (f) The date, time, and duration of (b) The operation is not conducted the operation. within 5 miles of an airport runway or (g) Any other pertinent information other landing area unless the informa- requested by the ATC facility. tion required in § 101.25 is also provided [Doc. No. 1580, 28 FR 6722, June 29, 1963, as to the manager of that airport. amended by Amdt. 101–6, 59 FR 50393, Oct. 3, [Amdt. 101–6, 59 FR 50393, Oct. 3, 1994] 1994]

§ 101.23 Operating limitations. Subpart D—Unmanned Free No person may operate an unmanned Balloons rocket— (a) In a manner that creates a colli- SOURCE: Docket No. 1457, 29 FR 47, Jan. 3, sion hazard with other aircraft; 1964, unless otherwise noted. (b) In controlled airspace; § 101.31 Applicability. (c) Within five miles of the boundary This subpart applies to the operation of any airport; of unmanned free balloons. However, a (d) At any altitude where clouds or person operating an unmanned free bal- obscuring phenomena of more than loon within a restricted area must five-tenths coverage prevails; comply only with § 101.33 (d) and (e) and (e) At any altitude where the hori- with any additional limitations that zontal visibility is less than five miles; are imposed by the using or controlling (f) Into any cloud; agency, as appropriate. (g) Within 1,500 feet of any person or property that is not associated with § 101.33 Operating limitations. the operations; or No person may operate an unmanned (h) Between sunset and sunrise. free balloon— (a) Unless otherwise authorized by (Sec. 6(c), Department of Transportation Act ATC, below 2,000 feet above the surface (49 U.S.C. 1655(c))) within the lateral boundaries of the [Doc. No. 1580, 28 FR 6722, June 29, 1963, as surface areas of Class B, Class C, Class amended by Amdt. 101–4, 39 FR 22252, June D, or Class E airspace designated for an 21, 1974] airport;

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(b) At any altitude where there are least 40, and not more than 100, cycles clouds or obscuring phenomena of more per minute. than five-tenths coverage; (c) No person may operate an un- (c) At any altitude below 60,000 feet manned free balloon that is equipped standard pressure altitude where the with a trailing antenna that requires horizontal visibility is less than five an impact force of more than 50 pounds miles; to break it at any point, unless the an- (d) During the first 1,000 feet of as- tenna has colored pennants or stream- cent, over a congested area of a city, ers that are attached at not more than town, or settlement or an open-air as- 50 foot intervals and that are visible sembly of persons not associated with for at least one mile. the operation; or (d) No person may operate between (e) In such a manner that impact of sunrise and sunset an unmanned free the balloon, or part thereof including balloon that is equipped with a suspen- its payload, with the surface creates a sion device (other than a highly con- hazard to persons or property not asso- spicuously colored open parachute) ciated with the operation. more than 50 feet along, unless the suspension device is colored in alternate [Doc. No. 1457, 29 FR 47, Jan. 3, 1964, as bands of high conspicuity colors or has amended by Amdt. 101–5, 56 FR 65662, Dec. 17, colored pennants or streamers attached 1991] which are visible for at least one mile. § 101.35 Equipment and marking re- (Sec. 6(c), Department of Transportation Act quirements. (49 U.S.C. 1655(c))) (a) No person may operate an un- [Doc. No. 1457, 29 FR 47, Jan. 3, 1964, as manned free balloon unless— amended by Amdt. 101–2, 32 FR 5254, Mar. 29, (1) It is equipped with at least two 1967; Amdt. 101–4, 39 FR 22252, June 21, 1974] payload cut-down systems or devices § 101.37 Notice requirements. that operate independently of each other; (a) Prelaunch notice: Except as provided in paragraph (b) of this section, (2) At least two methods, systems, no person may operate an unmanned devices, or combinations thereof, that free balloon unless, within 6 to 24 hours function independently of each other, before beginning the operation, he are employed for terminating the gives the following information to the flight of the balloon envelope; and FAA ATC facility that is nearest to the (3) The balloon envelope is equipped place of intended operation: with a radar reflective device(s) or ma- (1) The balloon identification. terial that will present an echo to sur- (2) The estimated date and time of face radar operating in the 200 MHz to launching, amended as necessary to re- 2700 MHz frequency range. main within plus or minus 30 minutes. The operator shall activate the appro- (3) The location of the launching site. priate devices required by paragraphs (4) The cruising altitude. (a) (1) and (2) of this section when (5) The forecast trajectory and esti- weather conditions are less than those mated time to cruising altitude or prescribed for operation under this sub- 60,000 feet standard pressure altitude, part, or if a malfunction or any other whichever is lower. reason makes the further operation (6) The length and diameter of the hazardous to other air traffic or to per- balloon, length of the suspension de- sons and property on the surface. vice, weight of the payload, and length (b) No person may operate an un- of the trailing antenna. manned free balloon below 60,000 feet (7) The duration of flight. standard pressure altitude between (8) The forecast time and location of sunset and sunrise (as corrected to the impact with the surface of the earth. altitude of operation) unless the bal- (b) For solar or cosmic disturbance loon and its attachments and payload, investigations involving a critical time whether or not they become separated element, the information in paragraph during the operation, are equipped with (a) of this section shall be given within lights that are visible for at least 5 30 minutes to 24 hours before beginning miles and have a flash frequency of at the operation.

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(c) Cancellation notice: If the oper- Subpart B—Operating Rules ation is canceled, the person who intended to conduct the operation shall 103.9 Hazardous operations. 103.11 Daylight operations. immediately notify the nearest FAA 103.13 Operation near aircraft; right-of-way ATC facility. rules. (d) Launch notice: Each person oper- 103.15 Operations over congested areas. ating an unmanned free balloon shall 103.17 Operations in certain airspace. notify the nearest FAA or military 103.19 Operations in prohibited or restricted ATC facility of the launch time imme- areas. diately after the balloon is launched. 103.20 Flight restrictions in the proximity of certain areas designated by notice to § 101.39 Balloon position reports. airmen. 103.21 Visual reference with the surface. (a) Each person operating an un- 103.23 Flight visibility and cloud clearance manned free balloon shall: requirements. (1) Unless ATC requires otherwise, AUTHORITY: 49 U.S.C. 106(g), 40103–40104, monitor the course of the balloon and 40113, 44701. record its position at least every two hours; and SOURCE: Docket No. 21631, 47 FR 38776, (2) Forward any balloon position re- Sept. 2, 1982, unless otherwise noted. ports requested by ATC. (b) One hour before beginning de- Subpart A—General scent, each person operating an unmanned free balloon shall forward to § 103.1 Applicability. the nearest FAA ATC facility the fol- This part prescribes rules governing lowing information regarding the bal- the operation of ultralight vehicles in loon: the United States. For the purposes of (1) The current geographical position. this part, an ultralight vehicle is a ve- (2) The altitude. hicle that: (3) The forecast time of penetration (a) Is used or intended to be used for of 60,000 feet standard pressure altitude manned operation in the air by a single (if applicable). occupant; (4) The forecast trajectory for the (b) Is used or intended to be used for balance of the flight. recreation or sport purposes only; (5) The forecast time and location of (c) Does not have any U.S. or foreign impact with the surface of the earth. airworthiness certificate; and (c) If a balloon position report is not (d) If unpowered, weighs less than 155 recorded for any two-hour period of pounds; or flight, the person operating an un- (e) If powered: manned free balloon shall immediately (1) Weighs less than 254 pounds empty notify the nearest FAA ATC facility. weight, excluding floats and safety de- The notice shall include the last re- vices which are intended for deploy- corded position and any revision of the ment in a potentially catastrophic sit- forecast trajectory. The nearest FAA uation; ATC facility shall be notified imme- (2) Has a fuel capacity not exceeding diately when tracking of the balloon is 5 U.S. gallons; re-established. (3) Is not capable of more than 55 (d) Each person operating an un- knots calibrated airspeed at full power manned free balloon shall notify the in level flight; and nearest FAA ATC facility when the op- (4) Has a power-off stall speed which eration is ended. does not exceed 24 knots calibrated airspeed. PART 103—ULTRALIGHT VEHICLES § 103.3 Inspection requirements. Subpart A—General (a) Any person operating an ultralight vehicle under this part shall, Sec. 103.1 Applicability. upon request, allow the Administrator, 103.3 Inspection requirements. or his designee, to inspect the vehicle 103.5 Waivers. to determine the applicability of this 103.7 Certification and registration. part.

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(b) The pilot or operator of an ultra- (1) The vehicle is equipped with an light vehicle must, upon request of the operating anticollision light visible for Administrator, furnish satisfactory at least 3 statute miles; and evidence that the vehicle is subject (2) All operations are conducted in only to the provisions of this part. uncontrolled airspace.

§ 103.5 Waivers. § 103.13 Operation near aircraft; right- No person may conduct operations of-way rules. that require a deviation from this part (a) Each person operating an ultra- except under a written waiver issued light vehicle shall maintain vigilance by the Administrator. so as to see and avoid aircraft and shall yield the right-of-way to all aircraft. § 103.7 Certification and registration. (b) No person may operate an ultra- (a) Notwithstanding any other sec- light vehicle in a manner that creates tion pertaining to certification of air- a collision hazard with respect to any craft or their parts or equipment, aircraft. ultralight vehicles and their compo- (c) Powered ultralights shall yield nent parts and equipment are not re- the right-of-way to unpowered ultra- quired to meet the airworthiness cer- lights. tification standards specified for aircraft or to have certificates of air- § 103.15 Operations over congested worthiness. areas. (b) Notwithstanding any other sec- No person may operate an ultralight tion pertaining to airman certification, vehicle over any congested area of a operators of ultralight vehicles are not city, town, or settlement, or over any required to meet any aeronautical open air assembly of persons. knowledge, age, or experience requirements to operate those vehicles or to § 103.17 Operations in certain air- have airman or medical certificates. space. (c) Notwithstanding any other section pertaining to registration and No person may operate an ultralight marking of aircraft, ultralight vehicles vehicle within Class A, Class B, Class are not required to be registered or to C, or Class D airspace or within the lat- bear markings of any type. eral boundaries of the surface area of Class E airspace designated for an airport unless that person has prior au- Subpart B—Operating Rules thorization from the ATC facility hav- § 103.9 Hazardous operations. ing jurisdiction over that airspace. (a) No person may operate any ultra- [Amdt. 103–17, 56 FR 65662, Dec. 17, 1991] light vehicle in a manner that creates a hazard to other persons or property. § 103.19 Operations in prohibited or restricted areas. (b) No person may allow an object to be dropped from an ultralight vehicle if No person may operate an ultralight such action creates a hazard to other vehicle in prohibited or restricted persons or property. areas unless that person has permission from the using or controlling § 103.11 Daylight operations. agency, as appropriate. (a) No person may operate an ultralight vehicle except between the hours § 103.20 Flight restrictions in the prox- of sunrise and sunset. imity of certain areas designated by notice to airmen. (b) Notwithstanding paragraph (a) of this section, ultralight vehicles may be No person may operate an ultralight operated during the twilight periods 30 vehicle in areas designated in a Notice minutes before official sunrise and 30 to Airmen under § 91.137, § 91.138, minutes after official sunset or, in § 91.141, § 91.143 or § 91.145 of this chap- Alaska, during the period of civil twi- ter, unless authorized by: light as defined in the Air Almanac, if: (a) Air Traffic Control (ATC); or

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(b) A Flight Standards Certificate of PART 105—PARACHUTE Waiver or Authorization issued for the OPERATIONS demonstration or event. [Doc. No. FAA–2000–8274, 66 FR 47378, Sept. Subpart A—General 11, 2001] Sec. 105.1 Applicability. § 103.21 Visual reference with the surface. 105.3 Definitions. 105.5 General. No person may operate an ultralight 105.7 use of alcohol and drugs. vehicle except by visual reference with 105.9 Inspections. the surface. Subpart B—Operating Rules § 103.23 Flight visibility and cloud 105.13 Radio equipment and use require- clearance requirements. ments. No person may operate an ultralight 105.15 Information required and notice of vehicle when the flight visibility or cancellation or postponement of a para- distance from clouds is less than that chute operation. in the table found below. All operations 105.17 Flight visibility and clearance from cloud requirements. in Class A, Class B, Class C, and Class 105.19 Parachute operations between sunset D airspace or Class E airspace des- and sunrise. ignated for an airport must receive 105.21 Parachute operations over or into a prior ATC authorization as required in congested area or an open-air assembly § 103.17 of this part. of persons. 105.23 Parachute operations over or onto Airspace Flight visibility Distance from airports. clouds 105.25 Parachute operations in designated airspace. Class A ...... Not applicable ...... Not Applicable. Class B ...... 3 statute miles ...... Clear of Clouds. Class C ...... 3 statute miles ...... 500 feet below. Subpart C—Parachute Equipment and 1,000 feet above. Packing 2,000 feet horizontal. 105.41 Applicability. Class D ...... 3 statute miles ...... 500 feet below. 105.43 Use of single-harness, dual-parachute 1,000 feet above. systems. 2,000 feet hori- 105.45 Use of tandem parachute systems. zontal. 105.47 Use of static lines. Class E: 105.49 Foreign parachutists and equipment. Less than 3 statute miles ...... 500 feet below. 10,000 feet 1,000 feet above. AUTHORITY: 49 U.S.C. 106(g), 40113–40114, MSL. 2,000 feet hori- 44701–44702, 44721. zontal. At or above 5 statute miles ...... 1,000 feet below. SOURCE: Doc. No. FAA–1999–5483, 66 FR 10,000 feet 1,000 feet above. 23553, May 9, 2001, unless otherwise noted. MSL. 1 statute mile horizontal. § 105.1 Applicability. Class G: 1,200 feet or 1 statute mile ...... Clear of clouds. (a) Except as provided in paragraphs less above the (b) and (c) of this section, this part pre- surface (re- scribes rules governing parachute oper- gardless of MSL altitude). ations conducted in the United States. More than 1,200 1 statute mile ...... 500 feet below. (b) This part does not apply to a feet above the 1,000 feet above. parachute operation conducted— surface but 2,000 feet hori- (1) In response to an in-flight emer- less than zontal. 10,000 feet gency, or MSL. (2) To meet an emergency on the sur- More than 1,200 5 statute miles ...... 1,000 feet below. face when it is conducted at the direc- feet above the 1,000 feet above. surface and at 1 statute mile hori- tion or with the approval of an agency or above zontal. of the United States, or of a State, 10,000 feet Puerto Rico, the District of Columbia, MSL. or a possession of the United States, or an agency or political subdivision [Amdt. 103–17, 56 FR 65662, Dec. 17, 1991] thereof.

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(c) Sections 105.5, 105.9, 105.13, 105.15, States using parachute equipment not 105.17, 105.19 through 105.23, 105.25(a)(1) manufctured in the United States. and 105.27 of this part do not apply to Freefall means the portion of a para- a parachute operation conducted by a chute jump or drop between aircraft member of an Armed Force— exit and parachute deployment in (1) Over or within a restricted area which the parachute is activated when that area is under the control of manually by the parachutist at the an Armed Force. parachutist’s discretion or automati- (2) During military operations in un- cally, or, in the case of an object, is ac- controlled airspace. tivated automatically. Main parachute means a parachute § 105.3 Definitions. worn as the primary parachute used or For the purposes of this part— intended to be used in conjunction with Approved parachute means a para- a reserve parachute. chute manufactured under a type cer- Object means any item other than a tificate or a Technical Standard Order person that descends to the surface (C–23 series), or a personnel-carrying from an aircraft in flight when a para- U.S. military parachute (other than a chute is used or is intended to be used high altitude, high speed, or ejection during all or part of the descent. type) identified by a Navy Air Facility, Parachute drop means the descent of an Army Air Field, and Air Force-Navy an object to the surface from an air- drawing number, an Army Air Field craft in flight when a parachute is used order number, or any other military or intended to be used during all or designation or specification number. part of that descent. Automatic Activation Device means a Parachute jump means a parachute self-contained mechanical or electro- operation that involves the descent of mechanical device that is attached to one or more persons to the surface the interior of the reserve parachute from an aircraft in flight when a air- container, which automatically initi- craft is used or intended to be used dur- ates parachute deployment of the re- ing all or part of that descent. serve parachute at a pre-set altitude, Parachute operation means the per- time, percentage of terminal velocity, formance of all activity for the purpose or combination thereof. of, or in support of, a parachute jump Direct Supervision means that a cer- or a parachute drop. This parachute op- tificated rigger personally observes a eration can involve, but is not limited non-certificated person packing a main to, the following persons: parachutist, parachute to the extent necessary to parachutist in command and passenger ensure that it is being done properly, and takes responsibility for that pack- in tandem parachute operations, drop ing. zone or owner or operator, jump master, certificated parachute rigger, or Drop Zone means any pre-determined pilot. area upon which parachutists or objects land after making an intentional Parachutist means a person who in- parachute jump or drop. The center- tends to exit an aircraft while in flight point target of a drop zone is expressed using a single-harness, dual parachute in nautical miles from the nearest VOR system to descend to the surface. facility when 30 nautical miles or less; Parachutist in command means the or from the nearest airport, town, or person responsible fro the operation city depicted on the appropriate Coast and safety of a tandem parachute oper- and Geodetic Survey World Aero- ation. nautical Chart or Sectional Aero- Passenger parachutist means a person nautical Chart, when the nearest VOR who boards an aircraft, acting as other facility is more than 30 nautical miles than the parachutist in command of a from the drop zone. tandem parachute operation, with the Foreign parachutist means a para- intent of existing the aircraft while in- chutist who is neither a U.S. citizen or flight using the forward harness of a a resident alien and is participating in dual harness tandem parachute system parachute operations within the United to descend to the surface.

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Pilot chute means a small parachute (b) Any drug that affects that per- used to initiate and/or accelerate de- son’s faculties in any way contrary to ployment of a main or reserve para- safety. chute. Ram-air parachute means a parachute § 105.9 Inspections. with a canopy consisting of an upper The Administrator may inspect any and lower surface that is inflated by parachute operation to which this part ram air entering through specially de- applies (including inspections at the signed openings in the front of the can- site where the parachute operation is opy to form a gliding airfoil. being conducted) to determine compli- Reserve parachute means an approved ance with the regulations of this part. parachute worn for emergency use to be activated only upon failure of the Subpart B—Operating Rules main parachute or in any other emergency where use of the main parachute § 105.13 Radio equipment and use requirements. is impractical or use of the main parachute would increase risk. (a) Except when otherwise authorized Single-harness, dual parachute system: by air traffic control— (1) No person may conduct a para- means the combination of a main parachute operation, and no pilot in com- chute, approved reserve parachute, and mand of an aircraft may allow a para- approved single person harness and chute operation to be conducted from dual-parachute container. This para- that aircraft, in or into controlled air- chute system may have an operational space unless, during that flight— automatic activation device installed. (i) The aircraft is equipped with a Tandem parachute operation: means a functioning two-way radio communica- parachute operation in which more tion system appropriate to the air traf- than one person simultaneously uses fic control facilities being used; and the same tandem parachute system (ii) Radio communications have been while descending to the surface from established between the aircraft and an aircraft in flight. the air traffic control facility having Tandem parachute system: means the jurisdiction over the affected airspace combination of a main parachute, ap- of the first intended exit altitude at proved reserve parachute, and approved least 5 minutes before the parachute harness and dual parachute container, operation begins. The pilot in com- and a separate approved forward har- mand must establish radio communica- ness for a passenger parachutist. This tions to receive information regarding parachute system must have an oper- air traffic activity in the vicinity of ational automatic activation device in- the parachute operation. stalled. (2) The pilot in command of an aircraft used for any parachute operation § 105.5 General. in or into controlled airspace must, No person may conduct a parachute during each flight— operation, and no pilot in command of (i) Continuously monitor the appropriate frequency of the aircraft’s radio an aircraft may allow a parachute op- communications system from the time eration to be conducted from an air- radio communications are first estab- craft, if that operation creates a hazard lished between the aircraft and air to air traffic or to persons or property traffic control, until the pilot advises on the surface. air traffic control that the parachute § 105.7 Use of alcohol and drugs. operation has ended for that flight. (ii) Advise air traffic control when No person may conduct a parachute the last parachutist or object leaves operation, and no pilot in command of the aircraft. an aircraft may allow a person to con- (b) Parachute operations must be duct a parachute operation from that aborted if, prior to receipt of a required aircraft, if that person is or appears to air traffic control authorization, or be under the influence of— during any parachute operation in or (a) Alcohol, or into controlled airspace, the required

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radio communications system is or be- must promptly notify the air traffic comes inoperative. control facility having jurisdiction over the affected airspace if the pro- § 105.15 Information required and no- posed or scheduled parachute operation tice of cancellation or postpone- is canceled or postponed. ment of a parachute operation. (a) Each person requesting an author- § 105.17 Flight visibility and clearance ization under §§ 105.21(b) and 105.25(a)(2) from cloud requirements. of this part and each person submitting No person may conduct a parachute a notification under § 105.25(a)(3) of this operation, and no pilot in command of part must provide the following infor- an aircraft may allow a parachute op- mation (on an individual or group eration to be conducted from that air- basis): craft— (1) The date and time the parachute (a) Into or through a cloud, or operation will begin. (b) When the flight visibility or the (2) The radius of the drop zone distance from any cloud is less than around the target expressed in nautical that prescribed in the following table: miles. Flight vis- (3) The location of the center of the ibility drop zone in relation to— Altitude (statute Distance from clouds (i) The nearest VOR facility in terms miles) of the VOR radial on which it is lo- 1,200 feet or less 3 500 feet below, 1,000 cated and its distance in nautical miles above the surface re- feet above, 2,000 from the VOR facility when that facil- gardless of the MSL feet horizontal. altitude. ity is 30 nautical miles or less from the More than 1,200 feet 3 500 feet below, 1,000 drop zone target; or above the surface feet above, 2,000 (ii) the nearest airport, town, or city but less than 10,000 feet horizontal. feet MSL. depicted on the appropriate Coast and More than 1,200 feet 5 1,000 feet below, 1,000 Geodetic Survey World Aeronautical above the surface feet above, 1 mile Chart or Sectional Aeronautical Chart, and at or above horizontal. when the nearest VOR facility is more 10,000 feet MSL. than 30 nautical miles from the drop zone target. § 105.19 Parachute operations between (4) Each altitude above mean sea sunset and sunrise. level at which the aircraft will be oper- (a) No person may conduct a para- ated when parachutists or objects exist chute operation, and no pilot in com- the aircraft. mand of an aircraft may allow a person (5) The duration of the intended para- to conduct a parachute operation from chute operation. an aircraft between sunset and sunrise, (6) The name, address, and telephone unless the person or object descending number of the person who requests the from the aircraft displays a light that authorization or gives notice of the is visible for at least 3 statute miles. parachute operation. (b) The light required by paragraph (7) The registration number of the (a) of this section must be displayed aircraft to be used. from the time that the person or object (8) The name of the air traffic control is under a properly functioning open facility with jurisdiction of the air- parachute until that person or object space at the first intended exit altitude reaches the surface. to be used for the parachute operation. (b) Each holder of a certificate of au- § 105.21 Parachute operations over or thorization issued under §§ 105.21(b) and into a congested area or an open-air 105.25(b) of this part must present that assembly of persons. certificate for inspection upon the re- (a) No person may conduct a para- quest of the Administrator or any Fed- chute operation, and no pilot in com- eral, State, or local official. mand of an aircraft may allow a para- (c) Each person requesting an author- chute operation to be conducted from ization under §§ 105.21(b) and 105.25(a)(2) that aircraft, over or into a congested of this part and each person submitting area of a city, town, or settlement, or a notice under § 105.25(a)(3) of this part an open-air assembly of persons unless

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a certificate of authorization for that erly functioning parachute if the para- parachute operation has been issued chutist is at least 2,000 feet above that under this section. However, a para- airport’s traffic pattern, and avoids chutist may drift over a congested area creating a hazard to air traffic or to or an open-air assembly of persons with persons and property on the ground. a fully deployed and properly functioning parachute if that parachutist is § 105.25 Parachute operations in des- at a sufficient altitude to avoid cre- ignated airspace. ating a hazard to persons or property (a) No person may conduct a para- on the surface. chute operation, and no pilot in com- (b) An application for a certificate of mand of an aircraft may allow a para- authorization issued under this section chute operation to be conducted from must— that aircraft— (1) Be made in the form and manner (1) Over or within a restricted area or prescribed by the Administrator, and prohibited area unless the controlling (2) Contain the information required agency of the area concerned has au- in § 105.15(a) of this part. thorized that parachute operation; (c) Each holder of, and each person (2) Within or into a Class A, B, C, D named as a participant in a certificate airspace area without, or in violation of authorization issued under this sec- of the requirements of, an air traffic tion must comply with all require- control authorization issued under this ments contained in the certificate of section; authorization. (d) Each holder of a certificate of au- (3) Except as provided in paragraph thorization issued under this section (c) and (d) of this section, within or must present that certificate for in- into Class E or G airspace area unless spection upon the request of the Ad- the air traffic control facility having ministrator, or any Federal, State, or jurisdiction over the airspace at the local official. first intended exit altitude is notified of the parachute operation no earlier § 105.23 Parachute operations over or than 24 hours before or no later than 1 onto airports. hour before the parachute operation No person may conduct a parachute begins. operation, and no pilot in command of (b) Each request for a parachute op- an aircraft may allow a parachute operation authorization or notification eration to be conducted from that air- required under this section must be craft, over or onto any airport unless— submitted to the air traffic control fa- (a) For airports with an operating cility having jurisdiction over the air- control tower: space at the first intended exit altitude (1) Prior approval has been obtained and must include the information pre- from the management of the airport to scribed by § 105.15(a) of this part. conduct parachute operations over or (c) For the purposes of paragraph on that airport. (a)(3) of this section, air traffic control (2) Approval has been obtained from facilities may accept a written notifi- the control tower to conduct parachute cation from an organization that con- operations over or onto that airport. ducts parachute operations and lists (3) Two-way radio communications the scheduled series of parachute oper- are maintained between the pilot of the ations to be conducted over a stated aircraft involved in the parachute oper- period of time not longer than 12 cal- ation and the control tower of the air- endar months. The notification must port over or onto which the parachute contain the information prescribed by operation is being conducted. § 105.15(a) of this part, identify the re- (b) For airports without an operating sponsible persons associated with that control tower, prior approval has been parachute operation, and be submitted obtained from the management of the at least 15 days, but not more than 30 airport to conduct parachute oper- days, before the parachute operation ations over or on that airport. begins. The FAA may revoke the ac- (c) A parachutist may drift over that ceptance of the notification for any airport with a fully deployed and prop- failure of the organization conducting

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the parachute operations to comply tions for that automatic activation de- with its requirements. vice. (d) Paragraph (a)(3) of this section does not apply to a parachute oper- § 105.45 Use of tandem parachute sys- ation conducted by a member of an tems. Armed Force within a restricted area (a) No person may conduct a para- that extends upward from the surface chute operation using a tandem para- when that area is under the control of chute system, and no pilot in command an Armed Force. of an aircraft may allow any person to conduct a parachute operation from Subpart C—Parachute Equipment that aircraft using a tandem parachute and Packing system, unless— (1) One of the parachutists using the § 105.41 Applicability. tandem parachute system is the para- This subpart prescribed rules gov- chutist in command, and meets the fol- erning parachute equipment used in lowing requirements: civil parachute operations. (i) Has a minimum of 3 years of experience in parachuting, and must pro- § 105.43 Use of single-harness, dual- vide documentation that the para- parachute systems. chutist— No person may conduct a parachute (ii) Has completed a minimum of 500 operation using a single-harness, dual- freefall parachute jumps using a ram- parachute system, and no pilot in com- air parachute, and mand of an aircraft may allow any per- (iii) Holds a master parachute license son to conduct a parachute operation issued by an organization recognized from that aircraft using a single-har- by the FAA, and ness, dual-parachute system, unless (iv) Has successfully completed a that system has at least one main tandem instructor course given by the parachute, one approved reserve para- manufacturer of the tandem parachute chute, and one approved single person system used in the parachute operation harness and container that are packed or a course acceptable to the Adminis- as follows: trator. (a) The main parachute must have (v) Has been certified by the appro- been packed within 120 days before the priate parachute manufacturer or tan- date of its use of a certificated para- dem course provider as being properly chute rigger, the person making the trained on the use of the specific tan- next jump with that parachute, or a dem parachute system to be used. non-certificated person under the direct supervision of a certification para- (2) The person acting as parachutist chute rigger. in command: (b) The reserve parachute must have (i) Has briefed the passenger para- been packed by a certificated parachutist before boarding the aircraft. chute rigger— The briefing must include the proce- (1) Within 120 days before the date of dures to be used in case of an emer- its use, if its canopy, shroud, and har- gency with the aircraft or after exiting ness are composed exclusively of nylon, the aircraft, while preparing to exit rayon, or similar synthetic fiber or ma- and exiting the aircraft, freefall, oper- terial that is substantially resistant to ating the parachute after freefall, land- damage from mold, mildew, and other ing approach, and landing. fungi, and other rotting agents propa- (ii) Uses the harness position pre- gated in a moist environment; or scribed by the manufacturer of the tan- (2) Within 60 days before the date of dem parachute equipment. its use, if it is composed of any amount (b) No person may make a parachute of silk, pongee, or other natural fiber, jump with a tandem parachute system or material not specified in paragraph unless— (b)(1) of this section. (1) The main parachute has been (c) If installed, the automatic activa- packed by a certificated parachute rig- tion device must be maintained in ac- ger, the parachutist in command mak- cordance with manufacturer instruc- ing the next jump with that parachute,

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or a person under the direct super- (3) Be attached as follows: vision of a certificated parachute rig- (i) At one end, to the static line ger. above the static-line pins or, if static- (2) The reserve parachute has been line pins are not used, above the static- packed by a certificated parachute rig- line ties to the parachute cone. ger in accordance with § 105.43(b) of this (ii) At the other end, to the pilot part. chute apex, bridle cord, or bridle loop, (3) The tandem parachute system or, if no pilot chute is used, to the contains an operational automatic ac- main parachute canopy. tivation device for the reserve para- (b) No person may attach an assist chute, approved by the manufacturer of device required by paragraph (a) of this that tandem parachute system. The de- section to any main parachute unless vice must— that person is a certificated parachute (i) Have been maintained in accord- rigger or that person makes the next ance with manufacturer instructions, parachute jump with that parachute. and (c) An assist device is not required (ii) Be armed during each tandem for parachute operations using direct- parachute operation. deployed, ram-air parachutes. (4) The passenger parachutist is provided with a manual main parachute § 105.49 Foreign parachutists and activation device and instructed on the equipment. use of that device, if required by the owner/operator. (a) No person may conduct a para- (5) The main parachute is equipped chute operation, and no pilot in com- with a single-point release system. mand of an aircraft may allow a para- (6) The reserve parachute meets chute operation to be conducted from Technical Standard Order C23 speci- that aircraft with an unapproved for- fications. eign parachute system unless— (1) The parachute system is worn by § 105.47 Use of static lines. a foreign parachutist who is the owner (a) Except as provided in paragraph of that system. (c) of this section, no person may con- (2) The parachute system is of a sin- duct a parachute operation using a gle-harness dual parachute type. static line attached to the aircraft and (3) The parachute system meets the the main parachute unless an assist de- civil aviation authority requirements vice, described and attached as follows, of the foreign parachutist’s country. is used to aid the pilot chute in per- (4) All foreign non-approved para- forming its function, or, if no pilot chutes deployed by a foreign parachute is used, to aid in the direct de- chutist during a parachute operation ployment of the main parachute can- conducted under this section shall be opy. The assist device must— packed as follows— (1) Be long enough to allow the main (i) The main parachute must be parachute container to open before a packed by the foreign parachutist mak- load is placed on the device. ing the next parachute jump with that (2) Have a static load strength of— parachute, a certificated parachute rig- (i) At least 28 pounds but not more ger, or any other person acceptable to than 160 pounds if it is used to aid the the Administrator. pilot chute in performing its function; (ii) The reserve parachute must be or packed in accordance with the foreign (ii) At least 56 pounds but not more parachutist’s civil aviation authority than 320 pounds if it is used to aid in requirements, by a certificated para- the direct deployment of the main chute rigger, or any other person ac- parachute canopy; and ceptable to the Administrator.

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