Subchapter F—Air Traffic and General Operating Rules

SUBCHAPTER F—AIR TRAFFIC AND GENERAL OPERATING RULES

PART 91—GENERAL OPERATING 91.127 Operating on or in the vicinity of an airport in Class E airspace. AND FLIGHT RULES 91.129 Operations in Class D airspace. 91.130 Operations in Class C airspace. SPECIAL FEDERAL AVIATION REGULATION NO. 91.131 Operations in Class B airspace. 50–2 91.133 Restricted and prohibited areas. SPECIAL FEDERAL AVIATION REGULATION NO. 91.135 Operations in Class A airspace. 60 91.137 Temporary flight restrictions in the SPECIAL FEDERAL AVIATION REGULATION NO. vicinity of disaster/hazard areas. 97 91.138 Temporary flight restrictions in na- SPECIAL FEDERAL AVIATION REGULATION NO. tional disaster areas in the State of Ha- 104 waii. 91.139 Emergency air traffic rules. Subpart A—General 91.141 Flight restrictions in the proximity Sec. of the Presidential and other parties. 91.1 Applicability. 91.143 Flight limitation in the proximity of 91.3 Responsibility and authority of the space flight operations. pilot in command. 91.144 Temporary restriction on flight oper- 91.5 Pilot in command of aircraft requiring ations during abnormally high baro- more than one required pilot. metric pressure conditions. 91.7 Civil aircraft airworthiness. 91.145 Management of aircraft operations in 91.9 Civil aircraft flight manual, marking, the vicinity of aerial demonstrations and and placard requirements. major sporting events. 91.11 Prohibition on interference with crew- 91.146 Passenger-carrying flights for the members. benefit of a charitable, nonprofit, or 91.13 Careless or reckless operation. community event. 91.15 Dropping objects. 91.147 Passenger carrying flights for com- 91.17 Alcohol or drugs. pensation or hire. 91.19 Carriage of narcotic drugs, marihuana, 91.148–91.149 [Reserved] and depressant or stimulant drugs or substances. VISUAL FLIGHT RULES 91.21 Portable electronic devices. 91.23 Truth-in-leasing clause requirement in 91.151 Fuel requirements for flight in VFR leases and conditional sales contracts. conditions. 91.25 Aviation Safety Reporting Program: 91.153 VFR flight plan: Information re- Prohibition against use of reports for en- quired. forcement purposes. 91.155 Basic VFR weather minimums. 91.27–91.99 [Reserved] 91.157 Special VFR weather minimums. 91.159 VFR cruising altitude or flight level. Subpart B—Flight Rules 91.161 Special awareness training required for pilots flying under visual flight rules GENERAL within a 60-nautical mile radius of the 91.101 Applicability. Washington, DC VOR/DME. 91.103 Preflight action. 91.162–91.165 [Reserved] 91.105 Flight crewmembers at stations. 91.107 Use of safety belts, shoulder har- INSTRUMENT FLIGHT RULES nesses, and child restraint systems. 91.167 Fuel requirements for flight in IFR 91.109 Flight instruction; Simulated instru- conditions. ment flight and certain flight tests. 91.169 IFR flight plan: Information required. 91.111 Operating near other aircraft. 91.113 Right-of-way rules: Except water op- 91.171 VOR equipment check for IFR oper- erations. ations. 91.115 Right-of-way rules: Water operations. 91.173 ATC clearance and flight plan re- 91.117 Aircraft speed. quired. 91.119 Minimum safe altitudes: General. 91.175 Takeoff and landing under IFR. 91.121 Altimeter settings. 91.176 Straight-in landing operations below 91.123 Compliance with ATC clearances and DA/DH or MDA using an enhanced flight instructions. vision system (EFVS) under IFR. 91.125 ATC light signals. 91.177 Minimum altitudes for IFR oper- 91.126 Operating on or in the vicinity of an ations. airport in Class G airspace. 91.179 IFR cruising altitude or flight level.

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

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

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

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Flights in Specified Areas of the Sanaa ning at lat. 36°09′30″ N., long. 114°03′00″ W.; (OYSC) Flight Information Region (FIR). northeast to lat. 36°14′00″ N., long. 113°09′50″ 91.1613 Special Federal Aviation Regulation W.; thence northeast along the boundary of No. 107—Prohibition Against Certain the Grand Canyon National Park to lat. Flights in the Territory and Airspace of 36°24′47″ N., long. 112°52′00″ W.; to lat. 36°30′30″ Somalia. N., long. 112°36′15″ W. to lat. 36°21′30″ N., long. 91.1615 Special Federal Aviation Regulation 112°00′00″ W. to lat. 36°35′30″ N., long. 111°53′10″ No. 79—Prohibition Against Certain W., to lat. 36°53′00″ N., long. 111°36′45″ W. to Flights in the Pyongyang Flight Infor- lat. 36°53′00″ N., long. 111°33′00″ W.; to lat. mation Region (FIR) (ZKKP). 36°19′00″ N., long. 111°50′50″ W.; to lat. 36°17′00″ N., long. 111°42′00″ W.; to lat. 35°59′30″ N., Subpart N—Mitsubishi MU–2B Series Spe- long. 111°42′00″ W.; to lat. 35°57′30″ N., long. cial Training, Experience, and Oper- 112°03′55″ W.; thence counterclockwise via the ating Requirements 5 statute mile radius of the Grand Canyon Airport airport reference point (lat. 35°57′09″ 91.1701 Applicability. N., long. 112°08′47″ W.) to lat. 35°57′30″ N., 91.1703 Compliance and eligibility. long. 112°14′00″ W.; to lat. 35°57′30″ N., long. 91.1705 Required pilot training. 113°11′00″ W.; to lat. 35°42′30″ N., long. 91.1707 Training program hours. 113°11′00″ W.; to 35°38′30″ N.; long. 113°27′30″ 91.1709 Training program approval. W.; thence counterclockwise via the 5 stat- 91.1711 Aeronautical experience. ute mile radius of the Peach Springs 91.1713 Instruction, checking, and evalua- VORTAC to lat. 35°41′20″ N., long. 113°36′00″ tion. W.; to lat. 35°55′25″ N., long. 113°49′10″ W.; to 91.1715 Currency requirements and flight re- lat. 35°57′45″ N., 113°45′20″ W.; thence north- view. west along the park boundary to lat. 36°02′20″ 91.1717 Operating requirements. N., long. 113°50′15″ W.; to 36°00′10″ N., long. 91.1719 Credit for prior training. 113°53′45″ W.; thence to the point of begin- 91.1721 Incorporation by reference. ning. APPENDIX A TO PART 91—CATEGORY II OPER- Section 3. Aircraft operations: general. Ex- ATIONS: MANUAL, INSTRUMENTS, EQUIP- cept in an emergency, no person may operate MENT, AND MAINTENANCE an aircraft in the Special Flight Rules, Area APPENDIX B TO PART 91—AUTHORIZATIONS TO under VFR on or after September 22, 1988, or EXCEED MACH 1 (§ 91.817) under IFR on or after April 6, 1989, unless the APPENDIX C TO PART 91 [RESERVED] operation— APPENDIX D TO PART 91—AIRPORTS/LOCA- (a) Is conducted in accordance with the fol- TIONS: SPECIAL OPERATING RESTRICTIONS lowing procedures: APPENDIX E TO PART 91—AIRPLANE FLIGHT NOTE: The following procedures do not re- RECORDER SPECIFICATIONS lieve the pilot from see-and-avoid responsi- APPENDIX F TO PART 91—HELICOPTER FLIGHT bility or compliance with FAR 91.119. RECORDER SPECIFICATIONS APPENDIX G TO PART 91—OPERATIONS IN RE- (1) Unless necessary to maintain a safe dis- DUCED VERTICAL SEPARATION MINIMUM tance from other aircraft or terrain— (RVSM) AIRSPACE (i) Remain clear of the areas described in Section 4; and AUTHORITY: 49 U.S.C. 106(f), 106(g), 1155, (ii) Remain at or above the following alti- 40101, 40103, 40105, 40113, 40120, 44101, 44111, tudes in each sector of the canyon: 44701, 44704, 44709, 44711, 44712, 44715, 44716, Eastern section from Lees Ferry to North 44717, 44722, 46306, 46315, 46316, 46504, 46506– Canyon and North Canyon to Boundary 46507, 47122, 47508, 47528–47531, 47534, Pub. L. Ridge: as prescribed in Section 5. 114–190, 130 Stat. 615 (49 U.S.C. 44703 note); ar- Boundary Ridge to Supai Point ticles 12 and 29 of the Convention on Inter- (Yumtheska Point): 10,000 feet MSL. national Civil Aviation (61 Stat. 1180), (126 Western section from Diamond Creek to Stat. 11). the Grant Wash Cliffs: 8,000 feet MSL. (2) Proceed through the four flight cor- SPECIAL FEDERAL AVIATION REGULATION ridors describe in Section 4 at the following NO. 50–2—SPECIAL FLIGHT RULES IN altitudes unless otherwise authorized in THE VICINITY OF THE GRAND CANYON writing by the responsible Flight Standards NATIONAL PARK, AZ office:

Section 1. Applicability. This rule prescribes Northbound special operating rules for all persons operating aircraft in the following airspace, des- 11,500 or ignated as the Grand Canyon National Park 13,500 feet MSL Special Flight Rules Area: Southbound That airspace extending upward from the surface up to but not including 14,500 feet >10,500 or MSL within an area bounded by a line begin- >12,500 feet MSL

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

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

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

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Section 4. Equipment Requirements § 91.1 Applicability. a. The certificate holder must have prop- (a) Except as provided in paragraphs erly installed, certificated, and functional (b), (c), (e), and (f) of this section and dual required navigation systems as defined in section 2 of this SFAR for the en route op- §§ 91.701 and 91.703, this part prescribes erations covered under this SFAR. rules governing the operation of air- b. When the aircraft is being operated craft within the United States, includ- under part 91, the aircraft must be equipped ing the waters within 3 nautical miles with at least one properly installed, certifi- of the U.S. coast. cated, and functional required navigation (b) Each person operating an aircraft system as defined in section 2 of this SFAR in the airspace overlying the waters be- for the en route operations covered under tween 3 and 12 nautical miles from the this SFAR. coast of the United States must com- Section 5. Expiration date ply with §§ 91.1 through 91.21; §§ 91.101 through 91.143; §§ 91.151 through 91.159; This Special Federal Aviation Regulation will remain in effect until rescinded. §§ 91.167 through 91.193; § 91.203; § 91.205; §§ 91.209 through 91.217; § 91.221, § 91.225; [Doc. No. FAA–2003–14305, 68 FR 14077, Mar. §§ 91.303 through 91.319; §§ 91.323 through 21, 2003] 91.327; § 91.605; § 91.609; §§ 91.703 through 91.715; and § 91.903. SPECIAL FEDERAL AVIATION REGULATION NO. 104—PROHIBITION AGAINST CER- (c) This part applies to each person TAIN FLIGHTS BY SYRIAN AIR CAR- on board an aircraft being operated RIERS TO THE UNITED STATES under this part, unless otherwise specified. 1. Applicability. This Special Federal Avia- (d) This part also establishes require- tion Regulation (SFAR) No. 104 applies to ments for operators to take actions to any air carrier owned or controlled by Syria support the continued airworthiness of that is engaged in scheduled international air services. each airplane. 2. Special flight restrictions. Except as pro- (e) This part does not apply to any vided in paragraphs 3 and 4 of this SFAR No. aircraft or vehicle governed by part 103 104, no air carrier described in paragraph 1 of this chapter, or subparts B, C, or D may take off from or land in the territory of of part 101 of this chapter. the United States. (f) Except as provided in §§ 107.13, 3. Permitted operations. This SFAR does not 107.27, 107.47, 107.57, and 107.59 of this prohibit overflights of the territory of the chapter, this part does not apply to any United States by any air carrier described in paragraph 1. aircraft governed by part 107 of this 4. Emergency situations. In an emergency chapter. that requires immediate decision and action [Doc. No. 18334, 54 FR 34292, Aug. 18, 1989, as for the safety of the flight, the pilot in com- amended by Amdt. 91–257, 64 FR 1079, Jan. 7, mand of an aircraft of any air carrier de- 1999; Amdt. 91–282, 69 FR 44880, July 27, 2004; scribed in paragraph 1 may deviate from this Amdt. 91–297, 72 FR 63410, Nov. 8, 2007; Amdt. SFAR to the extent required by that emer- 91–314, 75 FR 30193, May 28, 2010; Docket gency. Each person who deviates from this FAA–2015–0150, Amdt. 91–343, 81 FR 42208, rule must, within 10 days of the deviation, June 28, 2016] excluding Saturdays, Sundays, and Federal holidays, submit to the responsible Flight Standards office a complete report of the op- § 91.3 Responsibility and authority of erations or the aircraft involved in the devi- the pilot in command. ation, including a description of the devi- (a) The pilot in command of an air- ation and the reasons therefor. craft is directly responsible for, and is 5. Duration. This SFAR No. 104 will remain the final authority as to, the operation in effect until further notice. of that aircraft. [Doc. No. FAA–2004–17763, 69 FR 31719, June 4, (b) In an in-flight emergency requir- 2004, as amended by Docket FAA–2018–0119, ing immediate action, the pilot in com- Amdt. 91–350, 83 FR 9171, Mar. 5, 2018] mand may deviate from any rule of this part to the extent required to Subpart A—General meet that emergency. (c) Each pilot in command who devi- SOURCE: Docket No. 18334, 54 FR 34292, Aug. ates from a rule under paragraph (b) of 18, 1989, unless otherwise noted. this section shall, upon the request of

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the Administrator, send a written re- (d) Any person taking off or landing port of that deviation to the Adminis- a helicopter certificated under part 29 trator. of this chapter at a heliport con- (Approved by the Office of Management and structed over water may make such Budget under control number 2120–0005) momentary flight as is necessary for takeoff or landing through the prohib- § 91.5 Pilot in command of aircraft re- ited range of the limiting height-speed quiring more than one required envelope established for the helicopter pilot. if that flight through the prohibited No person may operate an aircraft range takes place over water on which that is type certificated for more than a safe ditching can be accomplished one required pilot flight crewmember and if the helicopter is amphibious or unless the pilot in command meets the is equipped with floats or other emer- requirements of § 61.58 of this chapter. gency flotation gear adequate to accomplish a safe emergency ditching on § 91.7 Civil aircraft airworthiness. open water. (a) No person may operate a civil aircraft unless it is in an airworthy condi- § 91.11 Prohibition on interference tion. with crewmembers. (b) The pilot in command of a civil No person may assault, threaten, in- aircraft is responsible for determining timidate, or interfere with a crew- whether that aircraft is in condition member in the performance of the for safe flight. The pilot in command crewmember’s duties aboard an air- shall discontinue the flight when un- craft being operated. airworthy mechanical, electrical, or structural conditions occur. § 91.13 Careless or reckless operation. (a) Aircraft operations for the purpose § 91.9 Civil aircraft flight manual, marking, and placard requirements. of air navigation. No person may operate an aircraft in a careless or reckless (a) Except as provided in paragraph manner so as to endanger the life or (d) of this section, no person may oper- property of another. ate a civil aircraft without complying (b) Aircraft operations other than for with the operating limitations speci- the purpose of air navigation. No person fied in the approved Airplane or Rotor- may operate an aircraft, other than for craft Flight Manual, markings, and the purpose of air navigation, on any placards, or as otherwise prescribed by part of the surface of an airport used the certificating authority of the coun- by aircraft for air commerce (including try of registry. areas used by those aircraft for receiv- (b) No person may operate a U.S.-reg- ing or discharging persons or cargo), in istered civil aircraft— a careless or reckless manner so as to (1) For which an Airplane or Rotor- endanger the life or property of an- craft Flight Manual is required by § 21.5 other. of this chapter unless there is available in the aircraft a current, approved Air- § 91.15 Dropping objects. plane or Rotorcraft Flight Manual or 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—

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(1) Within 8 hours after the consump- sults of each test taken within 4 hours tion of any alcoholic beverage; after acting or attempting to act as a (2) While under the influence of alco- crewmember that indicates the pres- hol; ence of any drugs in the body. (3) While using any drug that affects (e) Any test information obtained by the person’s faculties in any way con- the Administrator under paragraph (c) trary to safety; or or (d) of this section may be evaluated (4) While having an alcohol con- in determining a person’s qualifica- centration of 0.04 or greater in a blood tions for any airman certificate or pos- or breath specimen. Alcohol concentra- sible violations of this chapter and tion means grams of alcohol per deci- may be used as evidence in any legal liter of blood or grams of alcohol per proceeding under section 602, 609, or 901 210 liters of breath. of the Federal Aviation Act of 1958. (b) Except in an emergency, no pilot of a civil aircraft may allow a person [Doc. No. 18334, 54 FR 34292, Aug. 18, 1989, as who appears to be intoxicated or who amended by Amdt. 91–291, June 21, 2006] demonstrates by manner or physical indications that the individual is under § 91.19 Carriage of narcotic drugs, the influence of drugs (except a med- marihuana, and depressant or stim- ical patient under proper care) to be ulant drugs or substances. carried in that aircraft. (a) Except as provided in paragraph (c) A crewmember shall do the fol- (b) of this section, no person may oper- lowing: ate a civil aircraft within the United (1) On request of a law enforcement States with knowledge that narcotic officer, submit to a test to indicate the drugs, marihuana, and depressant or alcohol concentration in the blood or stimulant drugs or substances as de- breath, when— fined in Federal or State statutes are (i) The law enforcement officer is au- carried in the aircraft. thorized under State or local law to (b) Paragraph (a) of this section does conduct the test or to have the test not apply to any carriage of narcotic conducted; and drugs, marihuana, and depressant or (ii) The law enforcement officer is re- stimulant drugs or substances author- questing submission to the test to in- vestigate a suspected violation of State ized by or under any Federal or State or local law governing the same or sub- statute or by any Federal or State stantially similar conduct prohibited agency. by paragraph (a)(1), (a)(2), or (a)(4) of § 91.21 Portable electronic devices. this section. (2) Whenever the FAA has a reason- (a) Except as provided in paragraph able basis to believe that a person may (b) of this section, no person may oper- have violated paragraph (a)(1), (a)(2), or ate, nor may any operator or pilot in (a)(4) of this section, on request of the command of an aircraft allow the oper- FAA, that person must furnish to the ation of, any portable electronic device FAA the results, or authorize any clin- on any of the following U.S.-registered ic, hospital, or doctor, or other person civil aircraft: to release to the FAA, the results of (1) Aircraft operated by a holder of each test taken within 4 hours after an air carrier operating certificate or acting or attempting to act as a crew- an operating certificate; or member that indicates an alcohol con- (2) Any other aircraft while it is op- centration in the blood or breath speci- erated under IFR. men. (b) Paragraph (a) of this section does (d) Whenever the Administrator has a not apply to— reasonable basis to believe that a person may have violated paragraph (a)(3) (1) Portable voice recorders; of this section, that person shall, upon (2) Hearing aids; request by the Administrator, furnish (3) Heart pacemakers; the Administrator, or authorize any (4) Electric shavers; or clinic, hospital, doctor, or other person (5) Any other portable electronic de- to release to the Administrator, the re- vice that the operator of the aircraft

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has determined will not cause inter- (b) The requirements of paragraph (a) ference with the navigation or commu- of this section do not apply— nication system of the aircraft on (1) To a lease or contract of condi- which it is to be used. tional sale when— (c) In the case of an aircraft operated (i) The party to whom the aircraft is by a holder of an air carrier operating furnished is a foreign air carrier or cer- certificate or an operating certificate, tificate holder under part 121, 125, 135, the determination required by para- or 141 of this chapter, or graph (b)(5) of this section shall be (ii) The party furnishing the aircraft made by that operator of the aircraft is a foreign air carrier or a person oper- on which the particular device is to be ating under part 121, 125, and 141 of this used. In the case of other aircraft, the chapter, or a person operating under determination may be made by the part 135 of this chapter having author- pilot in command or other operator of ity to engage in on-demand operations the aircraft. with large aircraft. (2) To a contract of conditional sale, § 91.23 Truth-in-leasing clause require- when the aircraft involved has not been ment in leases and conditional sales registered anywhere prior to the execu- contracts. tion of the contract, except as a new (a) Except as provided in paragraph aircraft under a dealer’s aircraft reg- (b) of this section, the parties to a istration certificate issued in accord- lease or contract of conditional sale in- ance with § 47.61 of this chapter. volving a U.S.-registered large civil (c) No person may operate a large aircraft and entered into after January civil aircraft of U.S. registry that is 2, 1973, shall execute a written lease or subject to a lease or contract of condi- contract and include therein a written tional sale to which paragraph (a) of truth-in-leasing clause as a concluding this section applies, unless— paragraph in large print, immediately (1) The lessee or conditional buyer, or preceding the space for the signature of the registered owner if the lessee is not the parties, which contains the fol- a citizen of the United States, has lowing with respect to each such air- mailed a copy of the lease or contract craft: that complies with the requirements of (1) Identification of the Federal Avia- paragraph (a) of this section, within 24 tion Regulations under which the air- hours of its execution, to the Aircraft craft has been maintained and in- Registration Branch, Attn: Technical spected during the 12 months preceding Section, P.O. Box 25724, Oklahoma the execution of the lease or contract City, OK 73125; of conditional sale, and certification by (2) A copy of the lease or contract the parties thereto regarding the air- that complies with the requirements of craft’s status of compliance with appli- paragraph (a) of this section is carried cable maintenance and inspection re- in the aircraft. The copy of the lease or quirements in this part for the oper- contract shall be made available for re- ation to be conducted under the lease view upon request by the Adminis- or contract of conditional sale. trator, and (2) The name and address (printed or (3) The lessee or conditional buyer, or typed) and the signature of the person the registered owner if the lessee is not responsible for operational control of a citizen of the United States, has noti- the aircraft under the lease or contract fied by telephone or in person the re- of conditional sale, and certification sponsible Flight Standards office. Un- that each person understands that per- less otherwise authorized by that of- son’s responsibilities for compliance fice, the notification shall be given at with applicable Federal Aviation Regu- least 48 hours before takeoff in the case lations. of the first flight of that aircraft under (3) A statement that an explanation that lease or contract and inform the of factors bearing on operational con- FAA of— trol and pertinent Federal Aviation (i) The location of the airport of de- Regulations can be obtained from the parture; responsible Flight Standards office. (ii) The departure time; and

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(iii) The registration number of the nautical miles from the coast of the aircraft involved. United States. (d) The copy of the lease or contract furnished to the FAA under paragraph § 91.103 Preflight action. (c) of this section is commercial or fi- Each pilot in command shall, before nancial information obtained from a beginning a flight, become familiar person. It is, therefore, privileged and with all available information con- confidential and will not be made cerning that flight. This information available by the FAA for public inspec- must include— tion or copying under 5 U.S.C. 552(b)(4) (a) For a flight under IFR or a flight unless recorded with the FAA under not in the vicinity of an airport, part 49 of this chapter. weather reports and forecasts, fuel re- (e) For the purpose of this section, a quirements, alternatives available if lease means any agreement by a person to furnish an aircraft to another person the planned flight cannot be com- for compensation or hire, whether with pleted, and any known traffic delays of or without flight crewmembers, other which the pilot in command has been than an agreement for the sale of an advised by ATC; aircraft and a contract of conditional (b) For any flight, runway lengths at sale under section 101 of the Federal airports of intended use, and the fol- Aviation Act of 1958. The person fur- lowing takeoff and landing distance in- nishing the aircraft is referred to as formation: the lessor, and the person to whom it is (1) For civil aircraft for which an ap- furnished the lessee. proved Airplane or Rotorcraft Flight Manual containing takeoff and landing (Approved by the Office of Management and Budget under control number 2120–0005) distance data is required, the takeoff and landing distance data contained [Doc. No. 18334, 54 FR 34292, Aug. 18, 1989, as therein; and amended by Amdt. 91–212, 54 FR 39293, Sept. 25, 1989; Amdt. 91–253, 62 FR 13253, Mar. 19, (2) For civil aircraft other than those 1997; Amdt. 91–267, 66 FR 21066, Apr. 27, 2001; specified in paragraph (b)(1) of this sec- Docket FAA–2018–0119, Amdt. 91–350, 83 FR tion, other reliable information appro- 9171, Mar. 5, 2018] priate to the aircraft, relating to aircraft performance under expected val- § 91.25 Aviation Safety Reporting Pro- ues of airport elevation and runway gram: Prohibition against use of re- slope, aircraft gross weight, and wind ports for enforcement purposes. and temperature. The Administrator of the FAA will not use reports submitted to the Na- § 91.105 Flight crewmembers at sta- tional Aeronautics and Space Adminis- tions. tration under the Aviation Safety Re- (a) During takeoff and landing, and porting Program (or information de- while en route, each required flight rived therefrom) in any enforcement crewmember shall— action except information concerning accidents or criminal offenses which (1) Be at the crewmember station un- are wholly excluded from the Program. less the absence is necessary to perform duties in connection with the op- §§ 91.27–91.99 [Reserved] eration of the aircraft or in connection with physiological needs; and Subpart B—Flight Rules (2) Keep the safety belt fastened while at the crewmember station. (b) Each required flight crewmember SOURCE: Docket No. 18334, 54 FR 34294, Aug. 18, 1989, unless otherwise noted. of a U.S.-registered civil aircraft shall, during takeoff and landing, keep his or GENERAL her shoulder harness fastened while at his or her assigned duty station. This § 91.101 Applicability. paragraph does not apply if— This subpart prescribes flight rules (1) The seat at the crewmember’s sta- governing the operation of aircraft tion is not equipped with a shoulder within the United States and within 12 harness; or

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(2) The crewmember would be unable (ii) Use the floor of the aircraft as a to perform required duties with the seat, provided that the person is on shoulder harness fastened. board for the purpose of engaging in sport parachuting; or [Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as amended by Amdt. 91–231, 57 FR 42671, Sept. (iii) Notwithstanding any other re- 15, 1992] quirement of this chapter, occupy an approved child restraint system fur- § 91.107 Use of safety belts, shoulder nished by the operator or one of the harnesses, and child restraint sys- persons described in paragraph tems. (a)(3)(iii)(A) of this section provided (a) Unless otherwise authorized by that: the Administrator— (A) The child is accompanied by a (1) No pilot may take off a U.S.-reg- parent, guardian, or attendant des- istered civil aircraft (except a free bal- ignated by the child’s parent or guard- loon that incorporates a basket or gon- ian to attend to the safety of the child dola, or an airship type certificated be- during the flight; fore November 2, 1987) unless the pilot (B) Except as provided in paragraph in command of that aircraft ensures (a)(3)(iii)(B)(4) of this action, the ap- that each person on board is briefed on proved child restraint system bears one how to fasten and unfasten that per- or more labels as follows: son’s safety belt and, if installed, (1) Seats manufactured to U.S. stand- shoulder harness. ards between January 1, 1981, and Feb- (2) No pilot may cause to be moved ruary 25, 1985, must bear the label: on the surface, take off, or land a U.S.- ‘‘This child restraint system conforms registered civil aircraft (except a free to all applicable Federal motor vehicle balloon that incorporates a basket or safety standards’’; gondola, or an airship type certificated (2) Seats manufactured to U.S. stand- before November 2, 1987) unless the ards on or after February 26, 1985, must pilot in command of that aircraft en- bear two labels: sures that each person on board has (i) ‘‘This child restraint system con- been notified to fasten his or her safety forms to all applicable Federal motor belt and, if installed, his or her shoul- vehicle safety standards’’; and der harness. (ii) ‘‘THIS RESTRAINT IS CER- (3) Except as provided in this para- TIFIED FOR USE IN MOTOR VEHI- graph, each person on board a U.S.-reg- CLES AND AIRCRAFT’’ in red let- istered civil aircraft (except a free bal- tering; loon that incorporates a basket or gon- (3) Seats that do not qualify under dola or an airship type certificated be- paragraphs (a)(3)(iii)(B)(1) and fore November 2, 1987) must occupy an (a)(3)(iii)(B)(2) of this section must approved seat or berth with a safety bear a label or markings showing: belt and, if installed, shoulder harness, (ii) That the seat was manufactured properly secured about him or her dur- under the standards of the United Na- ing movement on the surface, takeoff, tions; and landing. For seaplane and float (iii) That the seat or child restraint equipped rotorcraft operations during device furnished by the operator was movement on the surface, the person approved by the FAA through Type pushing off the seaplane or rotorcraft Certificate or Supplemental Type Cer- from the dock and the person mooring tificate; or the seaplane or rotorcraft at the dock (iv) That the seat or child restraint are excepted from the preceding seat- device furnished by the operator, or ing and safety belt requirements. Not- one of the persons described in para- withstanding the preceding require- graph (a)(3)(iii)(A) of this section, was ments of this paragraph, a person may: approved by the FAA in accordance (i) Be held by an adult who is occu- with § 21.8(d) of this chapter or Tech- pying an approved seat or berth, pro- nical Standard Order C–100b or a later vided that the person being held has version. The child restraint device not reached his or her second birthday manufactured by AmSafe, Inc. and does not occupy or use any re- (CARES, Part No. 4082) and approved straining device; by the FAA in accordance with

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§ 21.305(d) (2010 ed.) of this chapter may wheel that controls the elevator and continue to bear a label or markings ailerons, in place of fixed, dual controls showing FAA approval in accordance may be used for flight instruction to with § 21.305(d) (2010 ed.) of this chapter. conduct a flight review required by (4) Except as provided in § 61.56 of this chapter, or to obtain re- § 91.107(a)(3)(iii)(B)(3)(iii) and cent flight experience or an instrument § 91.107(a)(3)(iii)(B)(3)(iv), booster-type proficiency check required by § 61.57 child restraint systems (as defined in when— Federal Motor Vehicle Safety Standard (1) The airplane is equipped with op- No. 213 (49 CFR 571.213)), vest- and harness-type child restraint systems, and erable rudder pedals at both pilot sta- lap held child restraints are not ap- tions; proved for use in aircraft; and (2) The pilot manipulating the con- (C) The operator complies with the trols is qualified to serve and serves as following requirements: pilot in command during the entire (1) The restraint system must be flight; properly secured to an approved for- (3) The instructor is current and ward-facing seat or berth; qualified to serve as pilot in command (2) The child must be properly se- of the airplane, meets the requirements cured in the restraint system and must of § 61.195(b), and has logged at least 25 not exceed the specified weight limit hours of pilot-in-command flight time for the restraint system; and in the make and model of airplane; and (3) The restraint system must bear (4) The pilot in command and the in- the appropriate label(s). structor have determined the flight can (b) Unless otherwise stated, this sec- be conducted safely. tion does not apply to operations conducted under part 121, 125, or 135 of this (c) No person may operate a civil air- chapter. Paragraph (a)(3) of this sec- craft in simulated instrument flight tion does not apply to persons subject unless— to § 91.105. (1) The other control seat is occupied by a safety pilot who possesses at least: [Doc. No. 26142, 57 FR 42671, Sept. 15, 1992, as amended by Amdt. 91–250, 61 FR 28421, June (i) A private pilot certificate with 4, 1996; Amdt. 91–289, 70 FR 50906, Aug. 26, category and class ratings appropriate 2005; Amdt. 91–292, 71 FR 40009, July 14, 2006; to the aircraft being flown; or Amdt. 91–317, 75 FR 48857, Aug. 12, 2010; (ii) For purposes of providing train- Amdt. 91–332, 79 FR 28812, May 20, 2014] ing for a solo cross-country endorse- § 91.109 Flight instruction; Simulated ment under § 61.93 of this chapter, a instrument flight and certain flight flight instructor certificate with an ap- tests. propriate sport pilot rating and meets (a) No person may operate a civil air- the requirements of § 61.412 of this craft (except a manned free balloon) chapter. that is being used for flight instruction (2) The safety pilot has adequate vi- unless that aircraft has fully func- sion forward and to each side of the tioning dual controls. However, instru- aircraft, or a competent observer in the ment flight instruction may be given aircraft adequately supplements the vi- in an airplane that is equipped with a sion of the safety pilot; and single, functioning throwover control (3) Except in the case of lighter-than- wheel that controls the elevator and air aircraft, that aircraft is equipped ailerons, in place of fixed, dual con- with fully functioning dual controls. trols, when— However, simulated instrument flight (1) The instructor has determined may be conducted in a single-engine that the flight can be conducted safely; airplane, equipped with a single, func- and (2) The person manipulating the con- tioning, throwover control wheel, in trols has at least a private pilot certifi- place of fixed, dual controls of the ele- cate with appropriate category and vator and ailerons, when— class ratings. (i) The safety pilot has determined (b) An airplane equipped with a sin- that the flight can be conducted safely; gle, functioning throwover control and

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(ii) The person manipulating the con- (2) A glider has the right-of-way over trols has at least a private pilot certifi- an airship, powered parachute, weight- cate with appropriate category and shift-control aircraft, airplane, or class ratings. rotorcraft. (d) No person may operate a civil air- (3) An airship has the right-of-way craft that is being used for a flight test over a powered parachute, weight-shift- for an airline transport pilot certifi- control aircraft, airplane, or rotor- cate or a class or type rating on that craft. certificate, or for a part 121 proficiency However, an aircraft towing or re- flight test, unless the pilot seated at fueling other aircraft has the right-of- the controls, other than the pilot being way over all other engine-driven air- checked, is fully qualified to act as craft. pilot in command of the aircraft. (e) Approaching head-on. When aircraft are approaching each other head- [Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as on, or nearly so, each pilot of each air- amended by Amdt. 91–324, 76 FR 54107, Aug. craft shall alter course to the right. 31, 2011; Amdt. 61–142, 83 FR 30281, June 27, 2018] (f) Overtaking. Each aircraft that is being overtaken has the right-of-way § 91.111 Operating near other aircraft. and each pilot of an overtaking aircraft shall alter course to the right to pass (a) No person may operate an aircraft well clear. so close to another aircraft as to create (g) Landing. Aircraft, while on final a collision hazard. approach to land or while landing, have (b) No person may operate an aircraft the right-of-way over other aircraft in in formation flight except by arrange- flight or operating on the surface, ex- ment with the pilot in command of cept that they shall not take advan- each aircraft in the formation. tage of this rule to force an aircraft off (c) No person may operate an air- the runway surface which has already craft, carrying passengers for hire, in landed and is attempting to make way formation flight. for an aircraft on final approach. When two or more aircraft are approaching § 91.113 Right-of-way rules: Except an airport for the purpose of landing, water operations. the aircraft at the lower altitude has (a) Inapplicability. This section does the right-of-way, but it shall not take not apply to the operation of an air- advantage of this rule to cut in front of craft on water. another which is on final approach to (b) General. When weather conditions land or to overtake that aircraft. permit, regardless of whether an oper- [Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as ation is conducted under instrument amended by Amdt. 91–282, 69 FR 44880, July flight rules or visual flight rules, vigi- 27, 2004] lance shall be maintained by each person operating an aircraft so as to see § 91.115 Right-of-way rules: Water op- and avoid other aircraft. When a rule of erations. this section gives another aircraft the (a) General. Each person operating an right-of-way, the pilot shall give way aircraft on the water shall, insofar as to that aircraft and may not pass over, possible, keep clear of all vessels and under, or ahead of it unless well clear. avoid impeding their navigation, and (c) In distress. An aircraft in distress shall give way to any vessel or other has the right-of-way over all other air aircraft that is given the right-of-way traffic. by any rule of this section. (d) Converging. When aircraft of the (b) Crossing. When aircraft, or an air- same category are converging at ap- craft and a vessel, are on crossing proximately the same altitude (except courses, the aircraft or vessel to the head-on, or nearly so), the aircraft to other’s right has the right-of-way. the other’s right has the right-of-way. (c) Approaching head-on. When air- If the aircraft are of different cat- craft, or an aircraft and a vessel, are egories— approaching head-on, or nearly so, each (1) A balloon has the right-of-way shall alter its course to the right to over any other category of aircraft; keep well clear.

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(d) Overtaking. Each aircraft or vessel of persons, an altitude of 1,000 feet that is being overtaken has the right- above the highest obstacle within a of-way, and the one overtaking shall horizontal radius of 2,000 feet of the alter course to keep well clear. aircraft. (e) Special circumstances. When air- (c) Over other than congested areas. An craft, or an aircraft and a vessel, ap- altitude of 500 feet above the surface, proach so as to involve risk of colli- except over open water or sparsely pop- sion, each aircraft or vessel shall pro- ulated areas. In those cases, the air- ceed with careful regard to existing craft may not be operated closer than circumstances, including the limita- 500 feet to any person, vessel, vehicle, tions of the respective craft. or structure. (d) Helicopters, powered parachutes, § 91.117 Aircraft speed. and weight-shift-control aircraft. If the (a) Unless otherwise authorized by operation is conducted without hazard the Administrator, no person may op- to persons or property on the surface— erate an aircraft below 10,000 feet MSL (1) A helicopter may be operated at at an indicated airspeed of more than less than the minimums prescribed in 250 knots (288 m.p.h.). paragraph (b) or (c) of this section, pro- (b) Unless otherwise authorized or re- vided each person operating the heli- quired by ATC, no person may operate copter complies with any routes or al- an aircraft at or below 2,500 feet above titudes specifically prescribed for heli- the surface within 4 nautical miles of copters by the FAA; and the primary airport of a Class C or Class D airspace area at an indicated (2) A powered parachute or weight- airspeed of more than 200 knots (230 shift-control aircraft may be operated mph.). This paragraph (b) does not at less than the minimums prescribed apply to any operations within a Class in paragraph (c) of this section. B airspace area. Such operations shall [Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as comply with paragraph (a) of this sec- amended by Amdt. 91–311, 75 FR 5223, Feb. 1, tion. 2010] (c) No person may operate an aircraft in the airspace underlying a Class B § 91.121 Altimeter settings. airspace area designated for an airport (a) Each person operating an aircraft or in a VFR corridor designated shall maintain the cruising altitude or through such a Class B airspace area, flight level of that aircraft, as the case at an indicated airspeed of more than may be, by reference to an altimeter 200 knots (230 mph). that is set, when operating— (d) If the minimum safe airspeed for (1) Below 18,000 feet MSL, to— any particular operation is greater (i) The current reported altimeter than the maximum speed prescribed in setting of a station along the route and this section, the aircraft may be oper- within 100 nautical miles of the air- ated at that minimum speed. craft; [Doc. No. 18334, 54 FR 34292, Aug. 18, 1989, as (ii) If there is no station within the amended by Amdt. 91–219, 55 FR 34708, Aug. area prescribed in paragraph (a)(1)(i) of 24, 1990; Amdt. 91–227, 56 FR 65657, Dec. 17, this section, the current reported al- 1991; Amdt. 91–233, 58 FR 43554, Aug. 17, 1993] timeter setting of an appropriate avail- § 91.119 Minimum safe altitudes: Gen- able station; or eral. (iii) In the case of an aircraft not Except when necessary for takeoff or equipped with a radio, the elevation of landing, no person may operate an air- the departure airport or an appropriate craft below the following altitudes: altimeter setting available before de- (a) Anywhere. An altitude allowing, if parture; or a power unit fails, an emergency land- (2) At or above 18,000 feet MSL, to ing without undue hazard to persons or 29.92″ Hg. property on the surface. (b) The lowest usable flight level is (b) Over congested areas. Over any determined by the atmospheric pres- congested area of a city, town, or set- sure in the area of operation as shown tlement, or over any open air assembly in the following table:

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Lowest tailed report of that emergency within usable 48 hours to the manager of that ATC Current altimeter setting flight level facility, if requested by ATC. (e) Unless otherwise authorized by 29.92 (or higher) ...... 180 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 any clearance or instruction that has 28.41 through 27.92 ...... 200 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 28.41 through 27.92 ...... 2,000 Steady green ...... Cleared for takeoff Cleared to land. 27.91 through 27.42 ...... 2,500 Flashing green ...... Cleared to taxi ...... Return for landing 27.41 through 26.92 ...... 3,000 (to be followed by steady green at proper time). § 91.123 Compliance with ATC clear- Steady red ...... Stop ...... Give way to other ances and instructions. aircraft and continue circling. (a) When an ATC clearance has been Flashing red ...... Taxi clear of run- Airport unsafe—do obtained, no pilot in command may de- way in use. not land. viate from that clearance unless an Flashing white ...... Return to starting Not applicable. amended clearance is obtained, an point on airport. 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. However, except in Class A airspace, a § 91.126 Operating on or in the vicinity of an airport in Class G airspace. pilot may cancel an IFR flight plan if the operation is being conducted in (a) General. Unless otherwise author- VFR weather conditions. When a pilot ized or required, each person operating is uncertain of an ATC clearance, that an aircraft on or in the vicinity of an pilot shall immediately request clari- airport in a Class G airspace area must fication from ATC. comply with the requirements of this (b) Except in an emergency, no per- section. son may operate an aircraft contrary (b) Direction of turns. When approach- to an ATC instruction in an area in ing to land at an airport without an op- which air traffic control is exercised. erating control tower in Class G air- (c) Each pilot in command who, in an space— emergency, or in response to a traffic (1) Each pilot of an airplane must alert and collision avoidance system make all turns of that airplane to the resolution advisory, deviates from an left unless the airport displays ap- ATC clearance or instruction shall no- proved light signals or visual markings tify ATC of that deviation as soon as indicating that turns should be made possible. to the right, in which case the pilot (d) Each pilot in command who must make all turns to the right; and (though not deviating from a rule of (2) Each pilot of a helicopter or a this subpart) is given priority by ATC powered parachute must avoid the flow in an emergency, shall submit a de- of fixed-wing aircraft.

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(c) Flap settings. Except when nec- airport having an operational control essary for training or certification, the tower unless two-way radio commu- pilot in command of a civil turbojet- nications are maintained between that powered aircraft must use, as a final aircraft and the control tower. Commu- flap setting, the minimum certificated nications must be established prior to 4 landing flap setting set forth in the ap- nautical miles from the airport, up to proved performance information in the and including 2,500 feet AGL. However, Airplane Flight Manual for the appli- if the aircraft radio fails in flight, the cable conditions. However, each pilot pilot in command may operate that in command has the final authority aircraft and land if weather conditions and responsibility for the safe oper- are at or above basic VFR weather ation of the pilot’s airplane, and may minimums, visual contact with the use a different flap setting for that air- tower is maintained, and a clearance to plane if the pilot determines that it is land is received. If the aircraft radio necessary in the interest of safety. fails while in flight under IFR, the (d) Communications with control tow- pilot must comply with § 91.185. ers. Unless otherwise authorized or re- [Doc. No. 24458, 56 FR 65658, Dec. 17, 1991, as quired by ATC, no person may operate amended by Amdt. 91–239, 59 FR 11693, Mar. an aircraft to, from, through, or on an 11, 1994] airport having an operational control tower unless two-way radio commu- § 91.129 Operations in Class D air- nications are maintained between that space. aircraft and the control tower. Commu- (a) General. Unless otherwise author- nications must be established prior to 4 ized or required by the ATC facility nautical miles from the airport, up to having jurisdiction over the Class D and including 2,500 feet AGL. However, airspace area, each person operating an if the aircraft radio fails in flight, the aircraft in Class D airspace must com- pilot in command may operate that ply with the applicable provisions of aircraft and land if weather conditions this section. In addition, each person are at or above basic VFR weather must comply with §§ 91.126 and 91.127. minimums, visual contact with the For the purpose of this section, the pri- tower is maintained, and a clearance to mary airport is the airport for which land is received. If the aircraft radio the Class D airspace area is designated. fails while in flight under IFR, the A satellite airport is any other airport pilot must comply with § 91.185. within the Class D airspace area. [Doc. No. 24458, 56 FR 65658, Dec. 17, 1991, as (b) Deviations. An operator may devi- amended by Amdt. 91–239, 59 FR 11693, Mar. ate from any provision of this section 11, 1994; Amdt. 91–282, 69 FR 44880, July 27, under the provisions of an ATC author- 2004] 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: erating an aircraft on or in the vicinity (1) Arrival or through flight. Each per- of an airport in a Class E airspace area son must establish two-way radio com- must comply with the requirements of munications with the ATC facility (in- § 91.126. cluding foreign ATC in the case of for- (b) Departures. Each pilot of an air- eign airspace designated in the United craft must comply with any traffic pat- States) providing air traffic services terns established for that airport in prior to entering that airspace and part 93 of this chapter. thereafter maintain those communica- (c) Communications with control tow- tions while within that airspace. ers. Unless otherwise authorized or re- (2) Departing flight. Each person— quired by ATC, no person may operate (i) From the primary airport or sat- an aircraft to, from, through, or on an ellite airport with an operating control

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tower must establish and maintain served by a visual approach slope indi- two-way radio communications with cator must maintain an altitude at or the control tower, and thereafter as in- above the glide path until a lower alti- structed by ATC while operating in the tude is necessary for a safe landing. Class D airspace area; or (4) Paragraphs (e)(2) and (e)(3) of this (ii) From a satellite airport without section do not prohibit normal brack- an operating control tower, must es- eting maneuvers above or below the tablish and maintain two-way radio glide path that are conducted for the communications with the ATC facility purpose of remaining on the glide path. having jurisdiction over the Class D (f) Approaches. Except when con- airspace area as soon as practicable ducting a circling approach under part after departing. 97 of this chapter or unless otherwise (d) Communications failure. Each per- required by ATC, each pilot must— son who operates an aircraft in a Class (1) Circle the airport to the left, if op- D airspace area must maintain two- erating an airplane; or way radio communications with the (2) Avoid the flow of fixed-wing air- ATC facility having jurisdiction over craft, if operating a helicopter. that area. (g) Departures. No person may oper- (1) If the aircraft radio fails in flight ate an aircraft departing from an air- under IFR, the pilot must comply with port except in compliance with the fol- § 91.185 of the part. lowing: (2) If the aircraft radio fails in flight (1) Each pilot must comply with any under VFR, the pilot in command may departure procedures established for operate that aircraft and land if— that airport by the FAA. (i) Weather conditions are at or (2) Unless otherwise required by the above basic VFR weather minimums; prescribed departure procedure for that (ii) Visual contact with the tower is airport or the applicable distance from maintained; and clouds criteria, each pilot of a turbine- (iii) A clearance to land is received. powered airplane and each pilot of a (e) Minimum altitudes when operating large airplane must climb to an alti- to an airport in Class D airspace. (1) Un- tude of 1,500 feet above the surface as less required by the applicable dis- rapidly as practicable. tance-from-cloud criteria, each pilot (h) Noise abatement. Where a formal operating a large or turbine-powered runway use program has been estab- airplane must enter the traffic pattern lished by the FAA, each pilot of a large at an altitude of at least 1,500 feet or turbine-powered airplane assigned a above the elevation of the airport and noise abatement runway by ATC must maintain at least 1,500 feet until fur- use that runway. However, consistent ther descent is required for a safe land- with the final authority of the pilot in ing. command concerning the safe oper- (2) Each pilot operating a large or ation of the aircraft as prescribed in turbine-powered airplane approaching § 91.3(a), ATC may assign a different to land on a runway served by an in- runway if requested by the pilot in the strument approach procedure with interest of safety. vertical guidance, if the airplane is so (i) Takeoff, landing, taxi clearance. No equipped, must: person may, at any airport with an op- (i) Operate that airplane at an alti- erating control tower, operate an air- tude at or above the glide path between craft on a runway or taxiway, or take the published final approach fix and off or land an aircraft, unless an appro- the decision altitude (DA), or decision priate clearance is received from ATC. height (DH), as applicable; or [Doc. No. 24458, 56 FR 65658, Dec. 17, 1991, as (ii) If compliance with the applicable amended by Amdt. 91–234, 58 FR 48793, Sept. distance-from-cloud criteria requires 20, 1993; Amdt. 91–296, 72 FR 31678, June 7, glide path interception closer in, oper- 2007; 77 FR 28250, May 14, 2012] ate that airplane at or above the glide path, between the point of interception § 91.130 Operations in Class C air- of glide path and the DA or the DH. space. (3) Each pilot operating an airplane (a) General. Unless otherwise author- approaching to land on a runway ized by ATC, each aircraft operation in

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Class C airspace must be conducted in on a continuing basis or for an indi- compliance with this section and vidual flight, as appropriate. § 91.129. For the purpose of this section, [Doc. No. 24458, 56 FR 65659, Dec. 17, 1991, as the primary airport is the airport for amended by Amdt. 91–232, 58 FR 40736, July which the Class C airspace area is des- 30, 1993; Amdt. 91–239, 59 FR 11693, Mar. 11, ignated. A satellite airport is any other 1994; Amdt. 91–314, 75 FR 30193, May 28, 2010] airport within the Class C airspace area. § 91.131 Operations in Class B airspace. (b) Traffic patterns. No person may take off or land an aircraft at a sat- (a) Operating rules. No person may op- ellite airport within a Class C airspace erate an aircraft within a Class B airspace area except in compliance with area except in compliance with FAA § 91.129 and the following rules: arrival and departure traffic patterns. (1) The operator must receive an ATC (c) Communications. Each person oper- clearance from the ATC facility having ating an aircraft in Class C airspace jurisdiction for that area before oper- must meet the following two-way radio ating an aircraft in that area. communications requirements: (2) Unless otherwise authorized by (1) Arrival or through flight. Each per- ATC, each person operating a large tur- son must establish two-way radio com- bine engine-powered airplane to or munications with the ATC facility (in- from a primary airport for which a cluding foreign ATC in the case of for- Class B airspace area is designated eign airspace designated in the United must operate at or above the des- States) providing air traffic services ignated floors of the Class B airspace prior to entering that airspace and area while within the lateral limits of thereafter maintain those communica- that area. tions while within that airspace. (3) Any person conducting pilot (2) Departing flight. Each person— training operations at an airport with- (i) From the primary airport or sat- in a Class B airspace area must comply ellite airport with an operating control with any procedures established by ATC for such operations in that area. tower must establish and maintain (b) Pilot requirements. (1) No person two-way radio communications with may take off or land a civil aircraft at the control tower, and thereafter as in- an airport within a Class B airspace structed by ATC while operating in the area or operate a civil aircraft within a Class C airspace area; or Class B airspace area unless— (ii) From a satellite airport without (i) The pilot in command holds at an operating control tower, must es- least a private pilot certificate; tablish and maintain two-way radio (ii) The pilot in command holds a communications with the ATC facility recreational pilot certificate and has having jurisdiction over the Class C met— airspace area as soon as practicable (A) The requirements of § 61.101(d) of after departing. this chapter; or (d) Equipment requirements. Unless (B) The requirements for a student otherwise authorized by the ATC hav- pilot seeking a recreational pilot cer- ing jurisdiction over the Class C air- tificate in § 61.94 of this chapter; space area, no person may operate an (iii) The pilot in command holds a aircraft within a Class C airspace area sport pilot certificate and has met— designated for an airport unless that (A) The requirements of § 61.325 of aircraft is equipped with the applicable this chapter; or equipment specified in § 91.215, and (B) The requirements for a student pilot seeking a recreational pilot cer- after January 1, 2020, § 91.225. tificate in § 61.94 of this chapter; or (e) Deviations. An operator may devi- (iv) The aircraft is operated by a stu- ate from any provision of this section dent pilot who has met the require- under the provisions of an ATC author- ments of § 61.94 or § 61.95 of this chapter, ization issued by the ATC facility hav- as applicable. ing jurisdiction over the airspace con- (2) Notwithstanding the provisions of cerned. ATC may authorize a deviation paragraphs (b)(1)(ii), (b)(1)(iii) and

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(b)(1)(iv) of this section, no person may an aircraft in Class A airspace must take off or land a civil aircraft at those conduct that operation under instru- airports listed in section 4 of appendix ment flight rules (IFR) and in compli- D to this part unless the pilot in com- ance with the following: mand holds at least a private pilot cer- (a) Clearance. Operations may be con- tificate. ducted only under an ATC clearance re- (c) Communications and navigation ceived prior to entering the airspace. equipment requirements. Unless other- (b) Communications. Unless otherwise wise authorized by ATC, no person may authorized by ATC, each aircraft oper- operate an aircraft within a Class B ating in Class A airspace must be airspace area unless that aircraft is equipped with a two-way radio capable equipped with— of communicating with ATC on a fre- (1) For IFR operation. An operable quency assigned by ATC. Each pilot VOR or TACAN receiver or an operable must maintain two-way radio commu- and suitable RNAV system; and nications with ATC while operating in (2) For all operations. An operable Class A airspace. two-way radio capable of communica- (c) Equipment requirements. Unless tions with ATC on appropriate fre- otherwise authorized by ATC, no per- quencies for that Class B airspace area. son may operate an aircraft within (d) Other equipment requirements. No Class A airspace unless that aircraft is person may operate an aircraft in a equipped with the applicable equip- Class B airspace area unless the air- ment specified in § 91.215, and after Jan- craft is equipped with— uary 1, 2020, § 91.225. (1) The applicable operating trans- (d) ATC authorizations. An operator ponder and automatic altitude report- may deviate from any provision of this ing equipment specified in § 91.215 (a), section under the provisions of an ATC except as provided in § 91.215 (e), and authorization issued by the ATC facil- (2) After January 1, 2020, the applica- ity having jurisdiction of the airspace ble Automatic Dependent Surveillance- concerned. In the case of an inoper- Broadcast Out equipment specified in ative transponder, ATC may imme- § 91.225. diately approve an operation within a Class A airspace area allowing flight to [Doc. No. 24458, 56 FR 65658, Dec. 17, 1991, as amended by Amdt. 91–282, 69 FR 44880, July continue, if desired, to the airport of 27, 2004; Amdt. 91–296, 72 FR 31678, June 7, ultimate destination, including any in- 2007; Amdt. 91–314, 75 FR 30193, May 28, 2010] termediate stops, or to proceed to a place where suitable repairs can be § 91.133 Restricted and prohibited made, or both. Requests for deviation areas. from any provision of this section must (a) No person may operate an aircraft be submitted in writing, at least 4 days within a restricted area (designated in before the proposed operation. ATC part 73) contrary to the restrictions may authorize a deviation on a con- imposed, or within a prohibited area, tinuing basis or for an individual unless that person has the permission flight. of the using or controlling agency, as [Doc. No. 24458, 56 FR 65659, Dec. 17, 1991, as appropriate. amended by Amdt. 91–314, 75 FR 30193, May (b) Each person conducting, within a 28, 2010] restricted area, an aircraft operation (approved by the using agency) that § 91.137 Temporary flight restrictions creates the same hazards as the oper- in the vicinity of disaster/hazard ations for which the restricted area areas. was designated may deviate from the (a) The Administrator will issue a rules of this subpart that are not com- Notice to Airmen (NOTAM) desig- patible with the operation of the air- nating an area within which temporary craft. flight restrictions apply and specifying the hazard or condition requiring their § 91.135 Operations in Class A air- imposition, whenever he determines it space. is necessary in order to— Except as provided in paragraph (d) (1) Protect persons and property on of this section, each person operating the surface or in the air from a hazard

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

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flight restrictions apply. The Adminis- exists, or will exist, relating to the trator will designate the extent and du- FAA’s ability to operate the air traffic ration of the temporary flight restric- control system and during which nor- tions necessary to provide for the pro- mal flight operations under this chap- tection of persons and property on the ter cannot be conducted consistent surface. with the required levels of safety and (b) When a NOTAM has been issued in efficiency— accordance with this section, no person (1) The Administrator issues an im- may operate an aircraft within the des- mediately effective air traffic rule or ignated area unless at least one of the regulation in response to that emer- following conditions is met: (1) That person has obtained author- gency condition; and ization from the official in charge of (2) The Administrator or the Asso- associated emergency or disaster relief ciate Administrator for Air Traffic response activities, and is operating may utilize the NOTAM system to pro- the aircraft under the conditions of vide notification of the issuance of the that authorization. rule or regulation. (2) The aircraft is carrying law en- Those NOTAMs communicate informa- forcement officials. tion concerning the rules and regula- (3) The aircraft is carrying persons tions that govern flight operations, the involved in an emergency or a legiti- use of navigation facilities, and des- mate scientific purpose. ignation of that airspace in which the (4) The aircraft is carrying properly accredited newspersons, and that prior rules and regulations apply. to entering the area, a flight plan is (c) When a NOTAM has been issued filed with the appropriate FAA or ATC under this section, no person may oper- facility specified in the NOTAM and ate an aircraft, or other device gov- the operation is conducted in compli- erned by the regulation concerned, ance with the conditions and restric- within the designated airspace except tions established by the official in in accordance with the authorizations, charge of on-scene emergency response terms, and conditions prescribed in the activities. regulation covered by the NOTAM. (5) The aircraft is operating in accordance with an ATC clearance or in- § 91.141 Flight restrictions in the prox- struction. imity of the Presidential and other (c) A NOTAM issued under this sec- parties. tion is effective for 90 days or until the No person may operate an aircraft national disaster area designation is over or in the vicinity of any area to be terminated, whichever comes first, un- visited or traveled by the President, less terminated by notice or extended the Vice President, or other public fig- by the Administrator at the request of ures contrary to the restrictions estab- the Governor of the State of Hawaii or lished by the Administrator and pub- the Governor’s designee. lished in a Notice to Airmen (NOTAM). [Doc. No. 26476, 56 FR 23178, May 20, 1991, as amended by Amdt. 91–270, 66 FR 47377, Sept. § 91.143 Flight limitation in the prox- 11, 2001] imity of space flight operations. When a Notice to Airmen (NOTAM) is § 91.139 Emergency air traffic rules. issued in accordance with this section, (a) This section prescribes a process no person may operate any aircraft of for utilizing Notices to Airmen U.S. registry, or pilot any aircraft (NOTAMs) to advise of the issuance under the authority of an airman cer- and operations under emergency air tificate issued by the Federal Aviation traffic rules and regulations and des- Administration, within areas designates the official who is authorized ignated in a NOTAM for space flight to issue NOTAMs on behalf of the Ad- operation except when authorized by ministrator in certain matters under ATC. this section. (b) Whenever the Administrator de- [Doc. No. FAA–2004–19246, 69 FR 59753, Oct. 5, termines that an emergency condition 2004]

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§ 91.144 Temporary restriction on (11) Indianapolis 500 Mile Race; flight operations during abnormally (12) Any other aerial demonstration high barometric pressure condi- or sporting event the FAA determines tions. to need a temporary flight restriction (a) Special flight restrictions. When any in accordance with paragraph (b) of information indicates that barometric this section. pressure on the route of flight cur- (b) In deciding whether a temporary rently exceeds or will exceed 31 inches flight restriction is necessary for an of mercury, no person may operate an aerial demonstration or major sporting aircraft or initiate a flight contrary to event not listed in paragraph (a) of this the requirements established by the section, the FAA considers the fol- Administrator and published in a No- lowing factors: tice to Airmen issued under this sec- (1) Area where the event will be held. tion. (2) Effect flight restrictions will have (b) Waivers. The Administrator is au- on known aircraft operations. thorized to waive any restriction (3) Any existing ATC airspace traffic issued under paragraph (a) of this sec- management restrictions. tion to permit emergency supply, (4) Estimated duration of the event. transport, or medical services to be de- (5) Degree of public interest. livered to isolated communities, where (6) Number of spectators. the operation can be conducted with an (7) Provisions for spectator safety. acceptable level of safety. (8) Number and types of participating aircraft. [Amdt. 91–240, 59 FR 17452, Apr. 12, 1994; 59 FR 37669, July 25, 1994] (9) Use of mixed high and low performance aircraft. § 91.145 Management of aircraft oper- (10) Impact on non-participating air- ations in the vicinity of aerial dem- craft. onstrations and major sporting (11) Weather minimums. events. (12) Emergency procedures that will (a) The FAA will issue a Notice to be in effect. Airmen (NOTAM) designating an area (c) A NOTAM issued under this sec- of airspace in which a temporary flight tion will state the name of the aerial restriction applies when it determines demonstration or sporting event and that a temporary flight restriction is specify the effective dates and times, necessary to protect persons or prop- the geographic features or coordinates, erty on the surface or in the air, to and any other restrictions or proce- maintain air safety and efficiency, or dures governing flight operations in to prevent the unsafe congestion of air- the designated airspace. craft in the vicinity of an aerial dem- (d) When a NOTAM has been issued in onstration or major sporting event. accordance with this section, no person These demonstrations and events may may operate an aircraft or device, or include: engage in any activity within the des- (1) United States Naval Flight Dem- ignated airspace area, except in accord- onstration Team (Blue Angels); ance with the authorizations, terms, (2) United States Air Force Air Dem- and conditions of the temporary flight onstration Squadron (Thunderbirds); 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

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demonstration and the factors listed in nors may deduct contributions under paragraph (b) of this section. The re- section 170 of the Internal Revenue stricted airspace area will normally be Code (26 U.S.C. Section 170). limited to a 5 nautical mile radius Community event means an event that from the center of the demonstration raises funds for the benefit of any local and an altitude 17000 mean sea level or community cause that is not a char- (for high performance aircraft) or 13000 itable event or non-profit event. feet above the surface (for certain Non-profit event means an event that parachute operations), but will be no raises funds for the benefit of a non- greater than the minimum airspace profit organization recognized under necessary for the management of air- State or Federal law, as long as one of craft operations in the vicinity of the the organization’s purposes is the pro- specified area. motion of aviation safety. (2) Flight restricted area for a major (b) Passenger carrying flights for the sporting event—The amount of airspace benefit of a charitable, nonprofit, or needed to protect persons and property community event identified in para- on the surface or in the air, to main- graph (c) of this section are not subject tain air safety and efficiency, or to pre- to the certification requirements of vent the unsafe congestion of aircraft part 119 or the drug and alcohol testing will vary depending on the size of the requirements in part 120 of this chap- event and the factors listed in para- ter, provided the following conditions graph (b) of this section. The restricted are satisfied and the limitations in airspace will normally be limited to a paragraphs (c) and (d) are not exceeded: 3 nautical mile radius from the center (1) The flight is nonstop and begins of the event and 2500 feet above the and ends at the same airport and is surface but will not be greater than the conducted within a 25-statute mile ra- minimum airspace necessary for the dius of that airport; management of aircraft operations in (2) The flight is conducted from a the vicinity of the specified area. public airport that is adequate for the (f) A NOTAM issued under this sec- airplane or helicopter used, or from an- tion will be issued at least 30 days in other location the FAA approves for advance of an aerial demonstration or the operation; a major sporting event, unless the FAA (3) The airplane or helicopter has a finds good cause for a shorter period maximum of 30 seats, excluding each and explains this in the NOTAM. crewmember seat, and a maximum (g) When warranted, the FAA Admin- payload capacity of 7,500 pounds; istrator may exclude the following (4) The flight is not an aerobatic or a flights from the provisions of this sec- formation flight; tion: (5) Each airplane or helicopter holds (1) Essential military. a standard airworthiness certificate, is (2) Medical and rescue. airworthy, and is operated in compli- (3) Presidential and Vice Presi- ance with the applicable requirements dential. of subpart E of this part; (4) Visiting heads of state. (6) Each flight is made during day (5) Law enforcement and security. VFR conditions; (6) Public health and welfare. (7) Reimbursement of the operator of [Doc. No. FAA–2000–8274, 66 FR 47378, Sept. the airplane or helicopter is limited to 11, 2001] that portion of the passenger payment for the flight that does not exceed the § 91.146 Passenger-carrying flights for pro rata cost of owning, operating, and the benefit of a charitable, non- maintaining the aircraft for that profit, or community event. flight, which may include fuel, oil, air- (a) Definitions. For purposes of this port expenditures, and rental fees; section, the following definitions (8) The beneficiary of the funds raised apply: is not in the business of transportation Charitable event means an event that by air; raises funds for the benefit of a chari- (9) A private pilot acting as pilot in table organization recognized by the command has at least 500 hours of Department of the Treasury whose do- flight time;

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(10) Each flight is conducted in ac- ments unless all flights are conducted cordance with the safety provisions of under § 91.146. part 136, subpart A of this chapter; and (a) For the purposes of this section (11) Flights are not conducted over a and for drug and alcohol testing, Oper- national park, unit of a national park, ator means any person conducting non- or abutting tribal lands, unless the op- stop passenger-carrying flights in an erator has secured a letter of agree- airplane or helicopter for compensa- ment from the FAA, as specified under tion or hire in accordance with subpart B of part 136 of this chapter, §§ 119.1(e)(2), 135.1(a)(5), or 121.1(d), of and is operating in accordance with this chapter that begin and end at the that agreement during the flights. same airport and are conducted within (c) (1) Passenger-carrying flights or a 25-statute mile radius of that airport. series of flights are limited to a total (b) An Operator must comply with of four charitable events or non-profit the safety provisions of part 136, sub- events per year, with no event lasting part A of this chapter, and apply for more than three consecutive days. and receive a Letter of Authorization (2) Passenger-carrying flights or se- from the responsible Flight Standards ries of flights are limited to one com- office. munity event per year, with no event (c) Each application for a Letter of lasting more than three consecutive Authorization must include the fol- days. lowing information: (d) Pilots and sponsors of events de- (1) Name of Operator, agent, and any scribed in this section are limited to no d/b/a (doing-business-as) under which more than 4 events per calendar year. that Operator does business; (e) At least seven days before the (2) Principal business address and event, each sponsor of an event de- mailing address; scribed in this section must furnish to (3) Principal place of business (if dif- the responsible Flight Standards office ferent from business address); for the area where the event is sched- (4) Name of person responsible for uled: management of the business; (1) A signed letter detailing the name (5) Name of person responsible for of the sponsor, the purpose of the aircraft maintenance; event, the date and time of the event, (6) Type of aircraft, registration the location of the event, all prior number(s), and make/model/series; and events under this section participated (7) An Antidrug and Alcohol Misuse in by the sponsor in the current cal- Prevention Program registration. endar year; (d) The Operator must register and (2) A photocopy of each pilot in com- implement its drug and alcohol testing mand’s pilot certificate, medical cer- programs in accordance with part 120 tificate, and logbook entries that show of this chapter. the pilot is current in accordance with (e) The Operator must comply with §§ 61.56 and 61.57 of this chapter and the provisions of the Letter of Author- that any private pilot has at least 500 ization received. hours of flight time; and [Doc. No. FAA–1998–4521, 72 FR 6911, Feb. 13, (3) A signed statement from each 2007, as amended by Amdt. 91–307, 74 FR pilot that lists all prior events under 22652, May 14, 2009; Amdt. 91–320, 76 FR 8893, this section in which the pilot has par- Feb. 16, 2011; Docket FAA–2018–0119, Amdt. ticipated during the current calendar 91–350, 83 FR 9171, Mar. 5, 2018] year. §§ 91.148–91.149 [Reserved] [Doc. No. FAA–1998–4521, 72 FR 6910, Feb. 13, 2007, as amended by Amdt. 91–308, 74 FR VISUAL FLIGHT RULES 32804, July 9, 2009; Docket FAA–2018–0119, Amdt. 91–350, 83 FR 9171, Mar. 5, 2018] § 91.151 Fuel requirements for flight in VFR conditions. § 91.147 Passenger carrying flights for (a) No person may begin a flight in compensation or hire. an airplane under VFR conditions un- Each Operator conducting passenger- less (considering wind and forecast carrying flights for compensation or weather conditions) there is enough hire must meet the following require- fuel to fly to the first point of intended

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landing and, assuming normal cruising a distance from clouds that is less, speed— than that prescribed for the cor- (1) During the day, to fly after that responding altitude and class of air- for at least 30 minutes; or space in the following table: (2) At night, to fly after that for at Distance from least 45 minutes. Airspace Flight visibility clouds (b) No person may begin a flight in a rotorcraft under VFR conditions unless Class A ...... Not Applicable .... Not Applicable. (considering wind and forecast weather Class B ...... 3 statute miles .... Clear of Clouds. Class C ...... 3 statute miles .... 500 feet below. conditions) there is enough fuel to fly ...... 1,000 feet above. to the first point of intended landing ...... 2,000 feet hori- and, assuming normal cruising speed, zontal. to fly after that for at least 20 minutes. Class D ...... 3 statute miles .... 500 feet below...... 1,000 feet above...... 2,000 feet hori- § 91.153 VFR flight plan: Information zontal. required. Class E: (a) Information required. Unless other- Less than 3 statute miles .... 500 feet below. 10,000 feet wise authorized by ATC, each person MSL. filing a VFR flight plan shall include in ...... 1,000 feet above. it the following information: ...... 2,000 feet horizontal. (1) The aircraft identification num- At or above 5 statute miles .... 1,000 feet below. ber and, if necessary, its radio call 10,000 feet sign. MSL. (2) The type of the aircraft or, in the ...... 1,000 feet above...... 1 statute mile hor- case of a formation flight, the type of izontal. each aircraft and the number of air- Class G: craft in the formation. 1,200 feet or (3) The full name and address of the less above the surface pilot in command or, in the case of a (regardless of formation flight, the formation com- MSL altitude) mander. For aircraft other (4) The point and proposed time of de- than helicopters: Day, except as 1 statute mile ...... Clear of clouds. parture. provided in (5) The proposed route, cruising alti- § 91.155(b). tude (or flight level), and true airspeed Night, except as 3 statute miles .... 500 feet below. provided in at that altitude. § 91.155(b). (6) The point of first intended landing ...... 1,000 feet above. and the estimated elapsed time until ...... 2,000 feet hori- over that point. zontal. (7) The amount of fuel on board (in For helicopters: Day ...... 1⁄2 statute mile .... Clear of clouds hours). Night, except as 1 statute mile ...... Clear of clouds. (8) The number of persons in the air- provided in craft, except where that information is § 91.155(b). More than 1,200 otherwise readily available to the FAA. feet above the (9) Any other information the pilot in surface but command or ATC believes is necessary less than 10,000 feet for ATC purposes. MSL (b) Cancellation. When a flight plan Day ...... 1 statute mile ...... 500 feet below. has been activated, the pilot in com- ...... 1,000 feet above. mand, upon canceling or completing ...... 2,000 feet horizontal. the flight under the flight plan, shall Night ...... 3 statute miles .... 500 feet below. notify an FAA Flight Service Station ...... 1,000 feet above. or ATC facility...... 2,000 feet horizontal. § 91.155 Basic VFR weather minimums. More than 1,200 5 statute miles .... 1,000 feet below. feet above the (a) Except as provided in paragraph surface and at (b) of this section and § 91.157, no per- or above 10,000 feet son may operate an aircraft under VFR MSL. when the flight visibility is less, or at ...... 1,000 feet above.

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Airspace Flight visibility Distance from § 91.157 Special VFR weather mini- clouds mums...... 1 statute mile hor- (a) Except as provided in appendix D, izontal. section 3, of this part, special VFR op- (b) Class G Airspace. Notwithstanding erations may be conducted under the the provisions of paragraph (a) of this weather minimums and requirements section, the following operations may of this section, instead of those con- be conducted in Class G airspace below tained in § 91.155, below 10,000 feet MSL 1,200 feet above the surface: within the airspace contained by the (1) Helicopter. A helicopter may be op- upward extension of the lateral bound- erated clear of clouds in an airport aries of the controlled airspace designated to the surface for an airport. traffic pattern within 1⁄2 mile of the runway or helipad of intended landing (b) Special VFR operations may only if the flight visibility is not less than be conducted— 1⁄2 statute mile. (1) With an ATC clearance; (2) Airplane, powered parachute, or (2) Clear of clouds; weight-shift-control aircraft. If the visi- (3) Except for helicopters, when flight bility is less than 3 statute miles but visibility is at least 1 statute mile; and not less than 1 statute mile during (4) Except for helicopters, between night hours and you are operating in sunrise and sunset (or in Alaska, when an airport traffic pattern within 1⁄2 the sun is 6 degrees or more below the mile of the runway, you may operate horizon) unless— an airplane, powered parachute, or (i) The person being granted the ATC weight-shift-control aircraft clear of clearance meets the applicable require- clouds. ments for instrument flight under part (c) Except as provided in § 91.157, no 61 of this chapter; and person may operate an aircraft beneath (ii) The aircraft is equipped as re- the ceiling under VFR within the lat- quired in § 91.205(d). eral boundaries of controlled airspace (c) No person may take off or land an designated to the surface for an airport aircraft (other than a helicopter) under when the ceiling is less than 1,000 feet. special VFR— (d) Except as provided in § 91.157 of (1) Unless ground visibility is at least this part, no person may take off or 1 statute mile; or land an aircraft, or enter the traffic (2) If ground visibility is not re- pattern of an airport, under VFR, with- ported, unless flight visibility is at in the lateral boundaries of the surface least 1 statute mile. For the purposes areas of Class B, Class C, Class D, or of this paragraph, the term flight visi- Class E airspace designated for an air- bility includes the visibility from the port— cockpit of an aircraft in takeoff posi- (1) Unless ground visibility at that tion if: airport is at least 3 statute miles; or (i) The flight is conducted under this (2) If ground visibility is not reported part 91; and at that airport, unless flight visibility (ii) The airport at which the aircraft during landing or takeoff, or while op- is located is a satellite airport that erating in the traffic pattern is at least does not have weather reporting capa- 3 statute miles. bilities. (e) For the purpose of this section, an (d) The determination of visibility by aircraft operating at the base altitude a pilot in accordance with paragraph of a Class E airspace area is considered (c)(2) of this section is not an official to be within the airspace directly weather report or an official ground below that area. visibility report. [Doc. No. 24458, 56 FR 65660, Dec. 17, 1991, as [Amdt. 91–235, 58 FR 51968, Oct. 5, 1993, as amended by Amdt. 91–235, 58 FR 51968, Oct. 5, amended by Amdt. 91–247, 60 FR 66874, Dec. 1993; Amdt. 91–282, 69 FR 44880, July 27, 2004; 27, 1995; Amdt. 91–262, 65 FR 16116, Mar. 24, Amdt. 91–330, 79 FR 9972, Feb. 21, 2014; Amdt. 2000] 91–330A, 79 FR 41125, July 15, 2014]

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§ 91.159 VFR cruising altitude or flight Awareness Training must present it for level. inspection upon request from: Except while holding in a holding (1) An authorized representative of pattern of 2 minutes or less, or while the FAA; turning, each person operating an air- (2) An authorized representative of craft under VFR in level cruising flight the National Transportation Safety more than 3,000 feet above the surface Board; shall maintain the appropriate altitude (3) Any Federal, State, or local law or flight level prescribed below, unless enforcement officer; or otherwise authorized by ATC: (4) An authorized representative of (a) When operating below 18,000 feet the Transportation Security Adminis- MSL and— tration. (d) Emergency declared. The failure to (1) On a magnetic course of zero de- complete the Special Awareness Train- grees through 179 degrees, any odd ing course on flying in and around the thousand foot MSL altitude + 500 feet Washington, DC Metropolitan Area is (such as 3,500, 5,500, or 7,500); or not a violation of this section if an (2) On a magnetic course of 180 de- emergency is declared by the pilot, as grees through 359 degrees, any even described under § 91.3(b), or there was a thousand foot MSL altitude + 500 feet failure of two-way radio communica- (such as 4,500, 6,500, or 8,500). tions when operating under IFR as de- (b) When operating above 18,000 feet scribed under § 91.185. MSL, maintain the altitude or flight (e) Exceptions. The requirements of level assigned by ATC. this section do not apply if the flight is [Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as being performed in an aircraft of an air amended by Amdt. 91–276, 68 FR 61321, Oct. ambulance operator certificated to 27, 2003; 68 FR 70133, Dec. 17, 2003] conduct part 135 operations under this chapter, the U.S. Armed Forces, or a § 91.161 Special awareness training re- law enforcement agency. quired for pilots flying under visual flight rules within a 60-nautical [Doc. No. FAA–2006–25250, 73 FR 46803, Aug. mile radius of the Washington, DC 12, 2008] VOR/DME. §§ 91.162–91.165 [Reserved] (a) Operations within a 60-nautical mile radius of the Washington, DC VOR/DME INSTRUMENT FLIGHT RULES under visual flight rules (VFR). Except as provided under paragraph (e) of this § 91.167 Fuel requirements for flight in section, no person may serve as a pilot IFR conditions. in command or as second in command (a) No person may operate a civil air- of an aircraft while flying within a 60- craft in IFR conditions unless it car- nautical mile radius of the DCA VOR/ ries enough fuel (considering weather DME, under VFR, unless that pilot has reports and forecasts and weather con- completed Special Awareness Training ditions) to— and holds a certificate of training com- (1) Complete the flight to the first pletion. airport of intended landing; (b) Special Awareness Training. The (2) Except as provided in paragraph Special Awareness Training consists of (b) of this section, fly from that airport information to educate pilots about the to the alternate airport; and procedures for flying in the Wash- (3) Fly after that for 45 minutes at ington, DC area and, more generally, in normal cruising speed or, for heli- other types of special use airspace. copters, fly after that for 30 minutes at This free training is available on the normal cruising speed. FAA’s Web site. Upon completion of (b) Paragraph (a)(2) of this section the training, each person will need to does not apply if: print out a copy of the certificate of (1) Part 97 of this chapter prescribes training completion. a standard instrument approach proce- (c) Inspection of certificate of training dure to, or a special instrument ap- completion. Each person who holds a proach procedure has been issued by certificate for completing the Special the Administrator to the operator for,

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the first airport of intended landing; visibility will be at least 2 statute and miles. (2) Appropriate weather reports or (c) IFR alternate airport weather mini- weather forecasts, or a combination of ma. Unless otherwise authorized by the them, indicate the following: Administrator, no person may include (i) For aircraft other than helicopters. an alternate airport in an IFR flight For at least 1 hour before and for 1 plan unless appropriate weather re- hour after the estimated time of ar- ports or weather forecasts, or a com- rival, the ceiling will be at least 2,000 bination of them, indicate that, at the feet above the airport elevation and estimated time of arrival at the alter- the visibility will be at least 3 statute nate airport, the ceiling and visibility miles. at that airport will be at or above the (ii) For helicopters. At the estimated following weather minima: time of arrival and for 1 hour after the (1) If an instrument approach proce- estimated time of arrival, the ceiling dure has been published in part 97 of will be at least 1,000 feet above the air- this chapter, or a special instrument port elevation, or at least 400 feet approach procedure has been issued by above the lowest applicable approach the Administrator to the operator, for minima, whichever is higher, and the that airport, the following minima: visibility will be at least 2 statute (i) For aircraft other than helicopters: miles. The alternate airport minima specified [Doc. No. 98–4390, 65 FR 3546, Jan. 21, 2000] in that procedure, or if none are specified 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

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of radio navigation unless the VOR antenna) is installed in the aircraft, equipment of that aircraft— the person checking the equipment (1) Is maintained, checked, and in- may check one system against the spected under an approved procedure; other in place of the check procedures or specified in paragraph (b) of this sec- (2) Has been operationally checked tion. Both systems shall be tuned to within the preceding 30 days, and was the same VOR ground facility and note found to be within the limits of the the indicated bearings to that station. permissible indicated bearing error set The maximum permissible variation forth in paragraph (b) or (c) of this sec- between the two indicated bearings is 4 tion. degrees. (b) Except as provided in paragraph (d) Each person making the VOR (c) of this section, each person con- operational check, as specified in para- ducting a VOR check under paragraph graph (b) or (c) of this section, shall (a)(2) of this section shall— enter the date, place, bearing error, (1) Use, at the airport of intended de- and sign the aircraft log or other parture, an FAA-operated or approved record. In addition, if a test signal ra- test signal or a test signal radiated by diated by a repair station, as specified a certificated and appropriately rated in paragraph (b)(1) of this section, is 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 designated as a VOR system check- (Approved by the Office of Management and 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 degrees); No person may operate an aircraft in (3) If neither a test signal nor a des- controlled airspace under IFR unless ignated checkpoint on the surface is that person has— available, use an airborne checkpoint (a) Filed an IFR flight plan; and designated by the Administrator or, (b) Received an appropriate ATC outside the United States, by an appro- clearance. priate authority (the maximum permissible bearing error is plus or minus § 91.175 Takeoff and landing under IFR. 6 degrees); or (4) If no check signal or point is (a) Instrument approaches to civil air- available, while in flight— ports. Unless otherwise authorized by (i) Select a VOR radial that lies the FAA, when it is necessary to use an along the centerline of an established instrument approach to a civil airport, VOR airway; each person operating an aircraft must (ii) Select a prominent ground point use a standard instrument approach along the selected radial preferably procedure prescribed in part 97 of this more than 20 nautical miles from the chapter for that airport. This para- VOR ground facility and maneuver the graph does not apply to United States aircraft directly over the point at a military aircraft. reasonably low altitude; and (b) Authorized DA/DH or MDA. For the (iii) Note the VOR bearing indicated purpose of this section, when the ap- by the receiver when over the ground proach procedure being used provides point (the maximum permissible vari- for and requires the use of a DA/DH or ation between the published radial and MDA, the authorized DA/DH or MDA is the indicated bearing is 6 degrees). the highest of the following: (c) If dual system VOR (units inde- (1) The DA/DH or MDA prescribed by pendent of each other except for the the approach procedure.

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(2) The DA/DH or MDA prescribed for (2) For all other operations under the pilot in command. this part and parts 121, 125, 129, and 135, (3) The DA/DH or MDA appropriate the flight visibility is less than the vis- for the aircraft equipment available ibility prescribed in the standard in- and used during the approach. strument approach procedure being (c) Operation below DA/DH or MDA. used. Except as provided in § 91.176 of this (e) Missed approach procedures. Each chapter, where a DA/DH or MDA is ap- pilot operating an aircraft, except a plicable, no pilot may operate an air- military aircraft of the United States, craft, except a military aircraft of the shall immediately execute an appro- United States, below the authorized priate missed approach procedure when MDA or continue an approach below either of the following conditions exist: the authorized DA/DH unless— (1) The aircraft is continuously in a (1) Whenever operating an aircraft position from which a descent to a pursuant to paragraph (c) of this sec- landing on the intended runway can be tion or § 91.176 of this part, and the re- made at a normal rate of descent using quirements of that paragraph or sec- normal maneuvers, and for operations tion are not met at either of the fol- conducted under part 121 or part 135 un- lowing times: less that descent rate will allow touch- (i) When the aircraft is being oper- down to occur within the touchdown ated below MDA; or zone of the runway of intended landing; (ii) Upon arrival at the missed ap- (2) The flight visibility is not less proach point, including a DA/DH where than the visibility prescribed in the a DA/DH is specified and its use is re- standard instrument approach being quired, and at any time after that until used; and touchdown. (3) Except for a Category II or Cat- (2) Whenever an identifiable part of egory III approach where any necessary the airport is not distinctly visible to visual reference requirements are spec- the pilot during a circling maneuver at ified by the Administrator, at least one or above MDA, unless the inability to of the following visual references for see an identifiable part of the airport the intended runway is distinctly visi- results only from a normal bank of the ble and identifiable to the pilot: (i) The approach light system, except aircraft during the circling approach. that the pilot may not descend below (f) Civil airport takeoff minimums. This 100 feet above the touchdown zone ele- paragraph applies to persons operating vation using the approach lights as a an aircraft under part 121, 125, 129, or reference unless the red terminating 135 of this chapter. bars or the red side row bars are also (1) Unless otherwise authorized by distinctly visible and identifiable. the FAA, no pilot may takeoff from a (ii) The threshold. civil airport under IFR unless the (iii) The threshold markings. weather conditions at time of takeoff (iv) The threshold lights. are at or above the weather minimums (v) The runway end identifier lights. for IFR takeoff prescribed for that air- (vi) The visual glideslope indicator. port under part 97 of this chapter. (vii) The touchdown zone or touch- (2) If takeoff weather minimums are down zone markings. not prescribed under part 97 of this (viii) The touchdown zone lights. chapter for a particular airport, the (ix) The runway or runway markings. following weather minimums apply to (x) The runway lights. takeoffs under IFR: (d) Landing. No pilot operating an (i) For aircraft, other than heli- aircraft, except a military aircraft of the United States, may land that air- copters, having two engines or less—1 craft when— statute mile visibility. (1) For operations conducted under (ii) For aircraft having more than § 91.176 of this part, the requirements of two engines—1⁄2 statute mile visibility. paragraphs (a)(3)(iii) or (b)(3)(iii), as (iii) For helicopters—1⁄2 statute mile applicable, of that section are not met; visibility. or

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(3) Except as provided in paragraph Visibility (f)(4) of this section, no pilot may take- RVR (feet) (statute miles) off under IFR from a civil airport having published obstacle departure proce- 6,000 ...... 11⁄4 dures (ODPs) under part 97 of this chapter for the takeoff runway to be (i) Operations on unpublished routes used, unless the pilot uses such ODPs and use of radar in instrument approach or an alternative procedure or route as- procedures. When radar is approved at signed by air traffic control. certain locations for ATC purposes, it (4) Notwithstanding the requirements may be used not only for surveillance of paragraph (f)(3) of this section, no and precision radar approaches, as ap- pilot may takeoff from an airport plicable, but also may be used in con- under IFR unless: junction with instrument approach (i) For part 121 and part 135 opera- procedures predicated on other types of tors, the pilot uses a takeoff obstacle radio navigational aids. Radar vectors clearance or avoidance procedure that may be authorized to provide course ensures compliance with the applicable guidance through the segments of an airplane performance operating limita- approach to the final course or fix. tions requirements under part 121, sub- When operating on an unpublished part I or part 135, subpart I for takeoff route or while being radar vectored, at that airport; or the pilot, when an approach clearance (ii) For part 129 operators, the pilot is received, shall, in addition to com- uses a takeoff obstacle clearance or plying with § 91.177, maintain the last avoidance procedure that ensures com- altitude assigned to that pilot until the pliance with the airplane performance aircraft is established on a segment of operating limitations prescribed by the a published route or instrument ap- State of the operator for takeoff at proach procedure unless a different al- that airport. titude is assigned by ATC. After the (g) Military airports. Unless otherwise aircraft is so established, published al- prescribed by the Administrator, each titudes apply to descent within each person operating a civil aircraft under succeeding route or approach segment IFR into or out of a military airport unless a different altitude is assigned shall comply with the instrument ap- by ATC. Upon reaching the final approach procedures and the takeoff and proach course or fix, the pilot may ei- landing minimum prescribed by the ther complete the instrument approach military authority having jurisdiction in accordance with a procedure ap- of that airport. proved for the facility or continue a (h) Comparable values of RVR and surveillance or precision radar ap- ground visibility. (1) Except for Category proach to a landing. II or Category III minimums, if RVR (j) Limitation on procedure turns. In minimums for takeoff or landing are the case of a radar vector to a final ap- prescribed in an instrument approach proach course or fix, a timed approach procedure, but RVR is not reported for from a holding fix, or an approach for the runway of intended operation, the which the procedure specifies ‘‘No PT,’’ RVR minimum shall be converted to no pilot may make a procedure turn ground visibility in accordance with unless cleared to do so by ATC. the table in paragraph (h)(2) of this sec- (k) ILS components. The basic compo- tion and shall be the visibility min- nents of an ILS are the localizer, glide imum for takeoff or landing on that slope, and outer marker, and, when in- runway. stalled for use with Category II or Cat- (2) egory III instrument approach procedures, an inner marker. The following Visibility RVR (feet) (statute means may be used to substitute for miles) the outer marker: Compass locator;

1,600 ...... 1⁄4 precision approach radar (PAR) or air- 2,400 ...... 1⁄2 port surveillance radar (ASR); DME, 3,200 ...... 5⁄8 VOR, or nondirectional beacon fixes 3 4,000 ...... ⁄4 authorized in the standard instrument 4,500 ...... 7⁄8 5,000 ...... 1 approach procedure; or a suitable

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RNAV system in conjunction with a fix flight symbology must consist of at identified in the standard instrument least airspeed, vertical speed, aircraft approach procedure. Applicability of, attitude, heading, altitude, height and substitution for, the inner marker above ground level such as that pro- for a Category II or III approach is de- vided by a radio altimeter or other determined by the appropriate 14 CFR vice capable of providing equivalent part 97 approach procedure, letter of performance, command guidance as ap- authorization, or operations specifica- propriate for the approach to be flown, tions issued to an operator. path deviation indications, flight path [Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as vector, and flight path angle reference amended by Amdt. 91–267, 66 FR 21066, Apr. cue. Additionally, for aircraft other 27, 2001; Amdt. 91–281, 69 FR 1640, Jan. 9, 2004; than rotorcraft, the EFVS must dis- Amdt. 91–296, 72 FR 31678, June 7, 2007; Amdt. play flare prompt or flare guidance. 91–306, 74 FR 20205, May 1, 2009; Docket FAA– (C) Present the displayed EFVS sen- 2013–0485, Amdt. 91–345, 81 FR 90172, Dec. 13, 2016; Amdt. 91–345B, 83 FR 10568, Mar. 12, 2018] sor imagery, attitude symbology, flight path vector, and flight path angle ref- § 91.176 Straight-in landing operations erence cue, and other cues, which are below DA/DH or MDA using an en- referenced to the EFVS sensor imagery hanced flight vision system (EFVS) and external scene topography, so that under IFR. they are aligned with, and scaled to, (a) EFVS operations to touchdown and the external view. rollout. Unless otherwise authorized by (D) Display the flight path angle ref- the Administrator to use an MDA as a erence cue with a pitch scale. The DA/DH with vertical navigation on an flight path angle reference cue must be instrument approach procedure, or un- selectable by the pilot to the desired less paragraph (d) of this section ap- descent angle for the approach and be plies, no person may conduct an EFVS sufficient to monitor the vertical flight operation in an aircraft, except a mili- path of the aircraft. tary aircraft of the United States, at (E) Display the EFVS sensor im- any airport below the authorized DA/ agery, aircraft flight information, and DH to touchdown and rollout unless flight symbology such that they do not the minimums used for the particular adversely obscure the pilot’s outside approach procedure being flown include view or field of view through the cock- a DA or DH, and the following require- pit window. ments are met: (F) Have display characteristics, dy- (1) Equipment. (i) The aircraft must namics, and cues that are suitable for be equipped with an operable EFVS manual control of the aircraft to that meets the applicable airworthiness requirements. The EFVS must: touchdown in the touchdown zone of (A) Have an electronic means to pro- the runway of intended landing and vide a display of the forward external during rollout. scene topography (the applicable nat- (ii) When a minimum flightcrew of ural or manmade features of a place or more than one pilot is required, the region especially in a way to show aircraft must be equipped with a dis- their relative positions and elevation) play that provides the pilot monitoring through the use of imaging sensors, in- with EFVS sensor imagery. Any sym- cluding but not limited to forward- bology displayed may not adversely ob- looking infrared, millimeter wave scure the sensor imagery of the runway radiometry, millimeter wave radar, or environment. low-light level image intensification. (2) Operations. (i) The pilot con- (B) Present EFVS sensor imagery, ducting the EFVS operation may not aircraft flight information, and flight use circling minimums. symbology on a head up display, or an (ii) Each required pilot flightcrew equivalent display, so that the im- member must have adequate knowl- agery, information and symbology are edge of, and familiarity with, the air- clearly visible to the pilot flying in his craft, the EFVS, and the procedures to or her normal position with the line of be used. vision looking forward along the flight (iii) The aircraft must be equipped path. Aircraft flight information and with, and the pilot flying must use, an

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operable EFVS that meets the equip- tion must submit an application in a ment requirements of paragraph (a)(1) form and manner prescribed by the Ad- of this section. ministrator. (iv) When a minimum flightcrew of (ix) A person conducting operations more than one pilot is required, the under subpart K of this part must con- pilot monitoring must use the display duct the operation in accordance with specified in paragraph (a)(1)(ii) to mon- management specifications authorizing itor and assess the safe conduct of the the use of EFVS. approach, landing, and rollout. (x) A person conducting operations (v) The aircraft must continuously be under part 121, 129, or 135 of this chap- in a position from which a descent to a ter must conduct the operation in ac- landing on the intended runway can be cordance with operations specifications made at a normal rate of descent using authorizing the use of EFVS. normal maneuvers. (xi) A person conducting operations (vi) The descent rate must allow under part 125 of this chapter must touchdown to occur within the touch- conduct the operation in accordance down zone of the runway of intended with operations specifications author- landing. izing the use of EFVS or, for a holder (vii) Each required pilot flightcrew of a part 125 letter of deviation author- member must meet the following re- ity, a letter of authorization for the quirements— use of EFVS. (A) A person exercising the privileges (xii) A person conducting an EFVS of a pilot certificate issued under this operation during an authorized Cat- chapter, any person serving as a re- egory II or Category III operation must quired pilot flightcrew member of a conduct the operation in accordance U.S.-registered aircraft, or any person with operations specifications, man- serving as a required pilot flightcrew agement specifications, or a letter of member for a part 121, 125, or 135 oper- authorization authorizing EFVS operator, must be qualified in accordance ations during authorized Category II or with part 61 and, as applicable, the Category III operations. training, testing, and qualification pro- (3) Visibility and visual reference revisions of subpart K of this part, part quirements. No pilot operating under 121, 125, or 135 of this chapter that this section or §§ 121.651, 125.381, or apply to the operation; or 135.225 of this chapter may continue an (B) Each person acting as a required approach below the authorized DA/DH pilot flightcrew member for a foreign and land unless: air carrier subject to part 129, or any (i) The pilot determines that the en- person serving as a required pilot hanced flight visibility observed by use flightcrew member of a foreign reg- of an EFVS is not less than the visi- istered aircraft, must be qualified in bility prescribed in the instrument ap- accordance with the training require- proach procedure being used. ments of the civil aviation authority of (ii) From the authorized DA/DH to the State of the operator for the EFVS 100 feet above the touchdown zone ele- operation to be conducted. vation of the runway of intended land- (viii) A person conducting operations ing, any approach light system or both under this part must conduct the oper- the runway threshold and the touch- ation in accordance with a letter of au- down zone are distinctly visible and thorization for the use of EFVS unless identifiable to the pilot using an the operation is conducted in an air- EFVS. craft that has been issued an experi- (A) The pilot must identify the run- mental certificate under § 21.191 of this way threshold using at least one of the chapter for the purpose of research and following visual references— development or showing compliance (1) The beginning of the runway land- with regulations, or the operation is ing surface; being conducted by a person otherwise (2) The threshold lights; or authorized to conduct EFVS operations (3) The runway end identifier lights. under paragraphs (a)(2)(ix) through (B) The pilot must identify the (xii) of this section. A person applying touchdown zone using at least one of to the FAA for a letter of authoriza- the following visual references—

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(1) The runway touchdown zone land- (iii) The aircraft must be equipped ing surface; with, and the pilot flying must use, an (2) The touchdown zone lights; operable EFVS that meets the equip- (3) The touchdown zone markings; or ment requirements of paragraph (b)(1) (4) The runway lights. of this section. (iii) At 100 feet above the touchdown (iv) The aircraft must continuously zone elevation of the runway of in- be in a position from which a descent tended landing and below that altitude, to a landing on the intended runway the enhanced flight visibility using can be made at a normal rate of de- EFVS must be sufficient for one of the scent using normal maneuvers. following visual references to be dis- (v) For operations conducted under tinctly visible and identifiable to the part 121 or part 135 of this chapter, the pilot— descent rate must allow touchdown to (A) The runway threshold; occur within the touchdown zone of the runway of intended landing. (B) The lights or markings of the (vi) Each required pilot flightcrew threshold; member must meet the following re- (C) The runway touchdown zone land- quirements— ing surface; or (A) A person exercising the privileges (D) The lights or markings of the of a pilot certificate issued under this touchdown zone. chapter, any person serving as a re- (4) Additional requirements. The Ad- quired pilot flightcrew member of a ministrator may prescribe additional U.S.-registered aircraft, or any person equipment, operational, and visibility serving as a required pilot flightcrew and visual reference requirements to member for a part 121, 125, or 135 oper- account for specific equipment charac- ator, must be qualified in accordance teristics, operational procedures, or ap- with part 61 and, as applicable, the proach characteristics. These require- training, testing, and qualification pro- ments will be specified in an operator’s visions of subpart K of this part, part operations specifications, management 121, 125, or 135 of this chapter that specifications, or letter of authoriza- apply to the operation; or tion authorizing the use of EFVS. (B) Each person acting as a required (b) EFVS operations to 100 feet above pilot flightcrew member for a foreign the touchdown zone elevation. Except as air carrier subject to part 129, or any specified in paragraph (d) of this sec- person serving as a required pilot tion, no person may conduct an EFVS flightcrew member of a foreign reg- operation in an aircraft, except a mili- istered aircraft, must be qualified in tary aircraft of the United States, at accordance with the training require- any airport below the authorized DA/ ments of the civil aviation authority of DH or MDA to 100 feet above the touch- the State of the operator for the EFVS down zone elevation unless the fol- operation to be conducted. lowing requirements are met: (vii) A person conducting operations (1) Equipment. (i) The aircraft must under subpart K of this part must con- be equipped with an operable EFVS duct the operation in accordance with that meets the applicable airworthi- management specifications authorizing ness requirements. the use of EFVS. (ii) The EFVS must meet the require- (viii) A person conducting operations ments of paragraph (a)(1)(i)(A) through under part 121, 129, or 135 of this chap- (F) of this section, but need not present ter must conduct the operation in ac- flare prompt, flare guidance, or height cordance with operations specifications above ground level. authorizing the use of EFVS. (2) Operations. (i) The pilot con- (ix) A person conducting operations ducting the EFVS operation may not under part 125 of this chapter must use circling minimums. conduct the operation in accordance (ii) Each required pilot flightcrew with operations specifications author- member must have adequate knowl- izing the use of EFVS or, for a holder edge of, and familiarity with, the air- of a part 125 letter of deviation author- craft, the EFVS, and the procedures to ity, a letter of authorization for the be used. use of EFVS.

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(x) A person conducting an EFVS op- (4) Compliance Date. Beginning on eration during an authorized Category March 13, 2018, a person conducting an II or Category III operation must con- EFVS operation to 100 feet above the duct the operation in accordance with touchdown zone elevation must comply operations specifications, management with the requirements of paragraph (b) specifications, or a letter of authoriza- of this section. tion authorizing EFVS operations dur- (c) Public aircraft certification and ing authorized Category II or Category training requirements. A public aircraft III operations. operator, other than the U.S. military, (3) Visibility and Visual Reference Re- may conduct an EFVS operation under quirements. No pilot operating under paragraph (a) or (b) of this section only this section or § 121.651, § 125.381, or if: § 135.225 of this chapter may continue (1) The aircraft meets all of the civil an approach below the authorized MDA certification and airworthiness re- or continue an approach below the au- quirements of paragraph (a)(1) or (b)(1) thorized DA/DH and land unless: of this section, as applicable to the (i) The pilot determines that the en- EFVS operation to be conducted; and hanced flight visibility observed by use (2) The pilot flightcrew member, or of an EFVS is not less than the visi- any other person who manipulates the bility prescribed in the instrument ap- controls of an aircraft during an EFVS proach procedure being used. operation, meets the training, recent (ii) From the authorized MDA or DA/ flight experience and refresher training DH to 100 feet above the touchdown requirements of § 61.66 of this chapter zone elevation of the runway of in- applicable to EFVS operations. tended landing, any approach light sys- (d) Exception for Experimental Aircraft. tem or both the runway threshold and The requirement to use an EFVS that the touchdown zone are distinctly visi- meets the applicable airworthiness re- ble and identifiable to the pilot using quirements specified in paragraphs an EFVS. (a)(1)(i), (a)(2)(iii), (b)(1)(i), and (A) The pilot must identify the run- (b)(2)(iii) of this section does not apply way threshold using at least one of the to operations conducted in an aircraft following visual references– issued an experimental certificate (1) The beginning of the runway land- under § 21.191 of this chapter for the ing surface; purpose of research and development or (2) The threshold lights; or showing compliance with regulations, (3) The runway end identifier lights. provided the Administrator has deter- (B) The pilot must identify the mined that the operations can be con- touchdown zone using at least one of ducted safely in accordance with oper- the following visual references— ating limitations issued for that pur- (1) The runway touchdown zone land- pose. ing surface; [Docket FAA–2013–0485, Amdt. 91–345, 81 FR (2) The touchdown zone lights; 90172, Dec. 13, 2016; 82 FR 2193, Jan. 9, 2017] (3) The touchdown zone markings; or (4) The runway lights. § 91.177 Minimum altitudes for IFR op- (iii) At 100 feet above the touchdown erations. zone elevation of the runway of in- (a) Operation of aircraft at minimum al- tended landing and below that altitude, titudes. Except when necessary for the flight visibility must be sufficient takeoff or landing, or unless otherwise for one of the following visual ref- authorized by the FAA, no person may erences to be distinctly visible and operate an aircraft under IFR below— identifiable to the pilot without reli- (1) The applicable minimum altitudes ance on the EFVS— prescribed in parts 95 and 97 of this (A) The runway threshold; chapter. However, if both a MEA and a (B) The lights or markings of the MOCA are prescribed for a particular threshold; route or route segment, a person may (C) The runway touchdown zone land- operate an aircraft below the MEA ing surface; or down to, but not below, the MOCA, pro- (D) The lights or markings of the vided the applicable navigation signals touchdown zone. are available. For aircraft using VOR

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for navigation, this applies only when (ii) On a magnetic course of 180 de- the aircraft is within 22 nautical miles grees through 359 degrees, any even of that VOR (based on the reasonable thousand foot MSL altitude (such as estimate by the pilot operating the air- 2,000, 4,000, or 6,000). craft of that distance); or (2) When operating at or above 18,000 (2) If no applicable minimum altitude feet MSL but below flight level 290, is prescribed in parts 95 and 97 of this and— chapter, then— (i) On a magnetic course of zero de- (i) In the case of operations over an grees through 179 degrees, any odd area designated as a mountainous area flight level (such as 190, 210, or 230); or in part 95 of this chapter, an altitude of (ii) On a magnetic course of 180 de- 2,000 feet above the highest obstacle grees through 359 degrees, any even within a horizontal distance of 4 nau- flight level (such as 180, 200, or 220). tical miles from the course to be flown; (3) When operating at flight level 290 or and above in non-RVSM airspace, and— (ii) In any other case, an altitude of (i) On a magnetic course of zero de- 1,000 feet above the highest obstacle grees through 179 degrees, any flight within a horizontal distance of 4 nau- level, at 4,000-foot intervals, beginning tical miles from the course to be flown. at and including flight level 290 (such (b) Climb to a higher minimum Climb. as flight level 290, 330, or 370); or IFR altitude shall begin immediately (ii) On a magnetic course of 180 de- after passing the point beyond which that minimum altitude applies, except grees through 359 degrees, any flight that when ground obstructions inter- level, at 4,000-foot intervals, beginning vene, the point beyond which that at and including flight level 310 (such higher minimum altitude applies shall as flight level 310, 350, or 390). be crossed at or above the applicable (4) When operating at flight level 290 MCA. and above in airspace designated as Re- duced Vertical Separation Minimum [Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as (RVSM) airspace and— amended by Amdt. 91–296, 72 FR 31678, June (i) On a magnetic course of zero de- 7, 2007; Amdt. 91–315, 75 FR 30690, June 2, 2010] grees through 179 degrees, any odd § 91.179 IFR cruising altitude or flight flight level, at 2,000-foot intervals be- level. ginning at and including flight level 290 (such as flight level 290, 310, 330, 350, Unless otherwise authorized by ATC, 370, 390, 410); or the following rules apply— (a) In controlled airspace. Each person (ii) On a magnetic course of 180 de- operating an aircraft under IFR in grees through 359 degrees, any even level cruising flight in controlled air- flight level, at 2000-foot intervals be- space shall maintain the altitude or ginning at and including flight level 300 flight level assigned that aircraft by (such as 300, 320, 340, 360, 380, 400). ATC. However, if the ATC clearance as- [Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as signs ‘‘VFR conditions on-top,’’ that amended by Amdt. 91–276, 68 FR 61321, Oct. person shall maintain an altitude or 27, 2003; 68 FR 70133, Dec. 17, 2003; Amdt. 91– flight level as prescribed by § 91.159. 296, 72 FR 31679, June 7, 2007] (b) In uncontrolled airspace. Except while in a holding pattern of 2 minutes § 91.180 Operations within airspace or less or while turning, each person designated as Reduced Vertical operating an aircraft under IFR in Separation Minimum airspace. level cruising flight in uncontrolled (a) Except as provided in paragraph airspace shall maintain an appropriate (b) of this section, no person may oper- altitude as follows: ate a civil aircraft in airspace des- (1) When operating below 18,000 feet ignated as Reduced Vertical Separa- MSL and— tion Minimum (RVSM) airspace unless: (i) On a magnetic course of zero de- (1) The operator and the operator’s grees through 179 degrees, any odd aircraft comply with the minimum thousand foot MSL altitude (such as standards of appendix G of this part; 3,000, 5,000, or 7,000); or and

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(2) The operator is authorized by the when operating under IFR shall comply Administrator or the country of reg- with the rules of this section. istry to conduct such operations. (b) VFR conditions. If the failure oc- (b) The Administrator may authorize curs in VFR conditions, or if VFR con- a deviation from the requirements of ditions are encountered after the fail- this section. ure, each pilot shall continue the flight under VFR and land as soon as prac- [Amdt. 91–276, 68 FR 70133, Dec. 17, 2003] ticable. (c) IFR conditions. If the failure oc- § 91.181 Course to be flown. curs in IFR conditions, or if paragraph Unless otherwise authorized by ATC, (b) of this section cannot be complied no person may operate an aircraft with, each pilot shall continue the within controlled airspace under IFR flight according to the following: except as follows: (1) Route. (i) By the route assigned in (a) On an ATS route, along the cen- the last ATC clearance received; terline of that airway. (ii) If being radar vectored, by the di- (b) On any other route, along the direct route from the point of radio fail- rect course between the navigational ure to the fix, route, or airway speci- aids or fixes defining that route. How- fied in the vector clearance; ever, this section does not prohibit ma- (iii) In the absence of an assigned neuvering the aircraft to pass well route, by the route that ATC has ad- clear of other air traffic or the maneu- vised may be expected in a further vering of the aircraft in VFR condi- clearance; or tions to clear the intended flight path (iv) In the absence of an assigned both before and during climb or de- route or a route that ATC has advised scent. may be expected in a further clearance, by the route filed in the flight plan. [Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as amended by Amdt. 91–296, 72 FR 31679, June (2) Altitude. At the highest of the fol- 7, 2007] lowing altitudes or flight levels for the route segment being flown: § 91.183 IFR communications. (i) The altitude or flight level as- Unless otherwise authorized by ATC, signed in the last ATC clearance re- the pilot in command of each aircraft ceived; operated under IFR in controlled air- (ii) The minimum altitude (con- space must ensure that a continuous verted, if appropriate, to minimum watch is maintained on the appropriate flight level as prescribed in § 91.121(c)) frequency and must report the fol- for IFR operations; or lowing as soon as possible— (iii) The altitude or flight level ATC has advised may be expected in a fur- (a) The time and altitude of passing ther clearance. each designated reporting point, or the (3) Leave clearance limit. (i) When the reporting points specified by ATC, ex- clearance limit is a fix from which an cept that while the aircraft is under approach begins, commence descent or radar control, only the passing of those descent and approach as close as pos- reporting points specifically requested sible to the expect-further-clearance by ATC need be reported; time if one has been received, or if one (b) Any unforecast weather condi- has not been received, as close as pos- tions encountered; and sible to the estimated time of arrival (c) Any other information relating to as calculated from the filed or amended the safety of flight. (with ATC) estimated time en route. [Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as (ii) If the clearance limit is not a fix amended by Amdt. 91–296, 72 FR 31679, June from which an approach begins, leave 7, 2007] the clearance limit at the expect-further-clearance time if one has been re- § 91.185 IFR operations: Two-way ceived, or if none has been received, radio communications failure. upon arrival over the clearance limit, (a) General. Unless otherwise author- and proceed to a fix from which an ap- ized by ATC, each pilot who has two- proach begins and commence descent way radio communications failure or descent and approach as close as

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possible to the estimated time of ar- (1) The DA/DH prescribed by the ap- rival as calculated from the filed or proach procedure. amended (with ATC) estimated time en (2) The DA/DH prescribed for the route. pilot in command. (3) The DA/DH for which the aircraft [Doc. No. 18334, 54 FR 34294, Aug. 18, 1989; Amdt. 91–211, 54 FR 41211, Oct. 5, 1989] is equipped. (d) Except as provided in § 91.176 of § 91.187 Operation under IFR in con- this part or unless otherwise author- trolled airspace: Malfunction re- ized by the Administrator, no pilot op- ports. erating an aircraft in a Category II or (a) The pilot in command of each air- Category III approach that provides craft operated in controlled airspace and requires the use of a DA/DH may under IFR shall report as soon as prac- continue the approach below the au- tical to ATC any malfunctions of navi- thorized decision height unless the fol- gational, approach, or communication lowing conditions are met: equipment occurring in flight. (1) The aircraft is in a position from (b) In each report required by para- which a descent to a landing on the in- graph (a) of this section, the pilot in tended runway can be made at a nor- command shall include the— mal rate of descent using normal ma- (1) Aircraft identification; neuvers, and where that descent rate (2) Equipment affected; will allow touchdown to occur within (3) Degree to which the capability of the touchdown zone of the runway of the pilot to operate under IFR in the intended landing. ATC system is impaired; and (2) At least one of the following vis- (4) Nature and extent of assistance ual references for the intended runway desired from ATC. is distinctly visible and identifiable to the pilot: § 91.189 Category II and III operations: (i) The approach light system, except General operating rules. that the pilot may not descend below (a) No person may operate a civil air- 100 feet above the touchdown zone ele- craft in a Category II or III operation vation using the approach lights as a unless— reference unless the red terminating (1) The flight crew of the aircraft bars or the red side row bars are also consists of a pilot in command and a distinctly visible and identifiable. second in command who hold the ap- (ii) The threshold. propriate authorizations and ratings (iii) The threshold markings. prescribed in § 61.3 of this chapter; (iv) The threshold lights. (2) Each flight crewmember has ade- (v) The touchdown zone or touch- quate knowledge of, and familiarity down zone markings. with, the aircraft and the procedures to (vi) The touchdown zone lights. be used; and (e) Except as provided in § 91.176 of (3) The instrument panel in front of this part or unless otherwise author- the pilot who is controlling the aircraft ized by the Administrator, each pilot has appropriate instrumentation for operating an aircraft shall imme- the type of flight control guidance sys- diately execute an appropriate missed tem that is being used. approach whenever, prior to touch- (b) Unless otherwise authorized by down, the requirements of paragraph the Administrator, no person may op- (d) of this section are not met. erate a civil aircraft in a Category II or (f) No person operating an aircraft Category III operation unless each using a Category III approach without ground component required for that op- decision height may land that aircraft eration and the related airborne equip- except in accordance with the provi- ment is installed and operating. sions of the letter of authorization (c) Authorized DA/DH. For the pur- issued by the Administrator. pose of this section, when the approach (g) Paragraphs (a) through (f) of this procedure being used provides for and section do not apply to operations con- requires the use of a DA/DH, the au- ducted by certificate holders operating thorized DA/DH is the highest of the under part 121, 125, 129, or 135 of this following: chapter, or holders of management

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specifications issued in accordance Category A aircraft in § 97.3 of this with subpart K of this part. Holders of chapter in Category II operations if the operations specifications or manage- Administrator finds that the proposed ment specifications may operate a civil operation can be safely conducted aircraft in a Category II or Category under the terms of the certificate. III operation only in accordance with Such authorization does not permit op- their operations specifications or man- eration of the aircraft carrying persons agement specifications, as applicable. or property for compensation or hire.

[Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as §§ 91.195–91.199 [Reserved] amended by Amdt. 91–280, 68 FR 54560, Sept. 17, 2003; Amdt. 91–296, 72 FR 31679, June 7, 2007; Docket FAA–2013–0485, Amdt. 91–345, 81 Subpart C—Equipment, Instru- FR 90175, Dec. 13, 2016] ment, and Certificate Re- quirements § 91.191 Category II and Category III manual. SOURCE: Docket No. 18334, 54 FR 34304, Aug. (a) Except as provided in paragraph 18, 1989, unless otherwise noted. (c) of this section, after August 4, 1997, no person may operate a U.S.-reg- § 91.201 [Reserved] istered civil aircraft in a Category II or a Category III operation unless— § 91.203 Civil aircraft: Certifications (1) There is available in the aircraft a required. current and approved Category II or (a) Except as provided in § 91.715, no Category III manual, as appropriate, person may operate a civil aircraft un- for that aircraft; less it has within it the following: (2) The operation is conducted in ac- (1) An appropriate and current air- cordance with the procedures, instruc- worthiness certificate. Each U.S. air- tions, and limitations in the appro- worthiness certificate used to comply priate manual; and with this subparagraph (except a spe- (3) The instruments and equipment cial flight permit, a copy of the appli- listed in the manual that are required cable operations specifications issued for a particular Category II or Cat- under § 21.197(c) of this chapter, appro- egory III operation have been inspected priate sections of the air carrier man- and maintained in accordance with the ual required by parts 121 and 135 of this maintenance program contained in the chapter containing that portion of the manual. operations specifications issued under (b) Each operator must keep a cur- § 21.197(c), or an authorization under rent copy of each approved manual at § 91.611) must have on it the registra- its principal base of operations and tion number assigned to the aircraft must make each manual available for under part 47 of this chapter. However, inspection upon request by the Admin- the airworthiness certificate need not istrator. have on it an assigned special identi- (c) This section does not apply to op- fication number before 10 days after erations conducted by a certificate that number is first affixed to the air- holder operating under part 121 or part craft. A revised airworthiness certifi- 135 of this chapter or a holder of man- cate having on it an assigned special agement specifications issued in ac- identification number, that has been cordance with subpart K of this part. affixed to an aircraft, may only be ob- [Doc. No. 26933, 61 FR 34560, July 2, 1996, as tained upon application to the respon- amended by Amdt. 91–280, 68 FR 54560, Sept. sible Flight Standards office. 17, 2003] (2) An effective U.S. registration certificate issued to its owner or, for oper- § 91.193 Certificate of authorization ation within the United States, the for certain Category II operations. second copy of the Aircraft registra- The Administrator may issue a cer- tion Application as provided for in tificate of authorization authorizing § 47.31(c), a Certificate of Aircraft reg- deviations from the requirements of istration as provided in part 48, or a §§ 91.189, 91.191, and 91.205(f) for the op- registration certification issued under eration of small aircraft identified as the laws of a foreign country.

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(b) No person may operate a civil air- (9) Fuel gauge indicating the quan- craft unless the airworthiness certifi- tity of fuel in each tank. cate required by paragraph (a) of this (10) Landing gear position indicator, section or a special flight authoriza- if the aircraft has a retractable landing tion issued under § 91.715 is displayed at gear. the cabin or cockpit entrance so that it (11) For small civil airplanes certifi- is legible to passengers or crew. cated after March 11, 1996, in accord- (c) No person may operate an aircraft ance with part 23 of this chapter, an with a fuel tank installed within the approved aviation red or aviation white passenger compartment or a baggage anticollision light system. In the event compartment unless the installation of failure of any light of the anti- was accomplished pursuant to part 43 collision light system, operation of the of this chapter, and a copy of FAA aircraft may continue to a location Form 337 authorizing that installation where repairs or replacement can be is on board the aircraft. made. (d) No person may operate a civil airplane (domestic or foreign) into or out (12) If the aircraft is operated for hire of an airport in the United States un- over water and beyond power-off glid- less it complies with the fuel venting ing distance from shore, approved flo- and exhaust emissions requirements of tation gear readily available to each part 34 of this chapter. occupant and, unless the aircraft is operating under part 121 of this sub- [Doc. No. 18334, 54 FR 34292, Aug. 18, 1989, as chapter, at least one pyrotechnic sig- amended by Amdt. 91–218, 55 FR 32861, Aug. naling device. As used in this section, 10, 1990; Amdt. 91–318, 75 FR 41983, July 20, 2010; Amdt. 91–338, 80 FR 78648, Dec. 16, 2015; ‘‘shore’’ means that area of the land Docket FAA–2018–0119, Amdt. 91–350, 83 FR adjacent to the water which is above 9171, Mar. 5, 2018] the high water mark and excludes land areas which are intermittently under § 91.205 Powered civil aircraft with water. standard category U.S. airworthi- (13) An approved safety belt with an ness certificates: Instrument and approved metal-to-metal latching de- equipment requirements. vice, or other approved restraint sys- (a) General. Except as provided in tem for each occupant 2 years of age or paragraphs (c)(3) and (e) of this section, older. no person may operate a powered civil (14) For small civil airplanes manu- aircraft with a standard category U.S. factured after July 18, 1978, an ap- airworthiness certificate in any oper- proved shoulder harness or restraint ation described in paragraphs (b) system for each front seat. For small through (f) of this section unless that civil airplanes manufactured after De- aircraft contains the instruments and cember 12, 1986, an approved shoulder equipment specified in those para- harness or restraint system for all graphs (or FAA-approved equivalents) seats. Shoulder harnesses installed at for that type of operation, and those flightcrew stations must permit the instruments and items of equipment flightcrew member, when seated and are in operable condition. with the safety belt and shoulder har- (b) Visual-flight rules (day). For VFR ness fastened, to perform all functions flight during the day, the following in- necessary for flight operations. For struments and equipment are required: purposes of this paragraph— (1) Airspeed indicator. (2) Altimeter. (i) The date of manufacture of an air- (3) Magnetic direction indicator. plane is the date the inspection accept- (4) Tachometer for each engine. ance records reflect that the airplane is (5) Oil pressure gauge for each engine complete and meets the FAA-approved using pressure system. type design data; and (6) Temperature gauge for each liq- (ii) A front seat is a seat located at a uid-cooled engine. flightcrew member station or any seat (7) Oil temperature gauge for each located alongside such a seat. air-cooled engine. (15) An emergency locator trans- (8) Manifold pressure gauge for each mitter, if required by § 91.207. altitude engine. (16) [Reserved]

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(17) For rotorcraft manufactured and ±120 degrees of roll and installed in after September 16, 1992, a shoulder accordance with § 29.1303(g) of this harness for each seat that meets the chapter. requirements of § 27.2 or § 29.2 of this (4) Slip-skid indicator. chapter in effect on September 16, 1991. (5) Sensitive altimeter adjustable for (c) Visual flight rules (night). For VFR barometric pressure. flight at night, the following instru- (6) A clock displaying hours, min- ments and equipment are required: utes, and seconds with a sweep-second (1) Instruments and equipment speci- pointer or digital presentation. fied in paragraph (b) of this section. (7) Generator or alternator of ade- (2) Approved position lights. quate capacity. (3) An approved aviation red or avia- (8) Gyroscopic pitch and bank indi- tion white anticollision light system cator (artificial horizon). on all U.S.-registered civil aircraft. (9) Gyroscopic direction indicator (di- Anticollision light systems initially in- rectional gyro or equivalent). stalled after August 11, 1971, on aircraft (e) Flight at and above 24,000 feet MSL for which a type certificate was issued (FL 240). If VOR navigation equipment or applied for before August 11, 1971, is required under paragraph (d)(2) of must at least meet the anticollision this section, no person may operate a light standards of part 23, 25, 27, or 29 U.S.-registered civil aircraft within the of this chapter, as applicable, that were 50 states and the District of Columbia in effect on August 10, 1971, except that at or above FL 240 unless that aircraft the color may be either aviation red or is equipped with approved DME or a aviation white. In the event of failure suitable RNAV system. When the DME of any light of the anticollision light or RNAV system required by this para- system, operations with the aircraft graph fails at and above FL 240, the may be continued to a stop where re- pilot in command of the aircraft must pairs or replacement can be made. notify ATC immediately, and then may (4) If the aircraft is operated for hire, continue operations at and above FL one electric landing light. 240 to the next airport of intended (5) An adequate source of electrical landing where repairs or replacement energy for all installed electrical and of the equipment can be made. radio equipment. (f) Category II operations. The require- (6) One spare set of fuses, or three ments for Category II operations are spare fuses of each kind required, that the instruments and equipment speci- are accessible to the pilot in flight. fied in— (d) Instrument flight rules. For IFR flight, the following instruments and (1) Paragraph (d) of this section; and equipment are required: (2) Appendix A to this part. (1) Instruments and equipment speci- (g) Category III operations. The instru- fied in paragraph (b) of this section, ments and equipment required for Cat- and, for night flight, instruments and egory III operations are specified in equipment specified in paragraph (c) of paragraph (d) of this section. this section. (h) Night vision goggle operations. For (2) Two-way radio communication night vision goggle operations, the fol- and navigation equipment suitable for lowing instruments and equipment the route to be flown. must be installed in the aircraft, func- (3) Gyroscopic rate-of-turn indicator, tioning in a normal manner, and ap- except on the following aircraft: proved for use by the FAA: (i) Airplanes with a third attitude in- (1) Instruments and equipment speci- strument system usable through flight fied in paragraph (b) of this section, in- attitudes of 360 degrees of pitch and struments and equipment specified in roll and installed in accordance with paragraph (c) of this section; the instrument requirements pre- (2) Night vision goggles; scribed in § 121.305(j) of this chapter; (3) Interior and exterior aircraft and lighting system required for night vi- (ii) Rotorcraft with a third attitude sion goggle operations; instrument system usable through (4) Two-way radio communications flight attitudes of ±80 degrees of pitch system;

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(5) Gyroscopic pitch and bank indi- the event of crash impact is minimized. cator (artificial horizon); Fixed and deployable automatic type (6) Generator or alternator of ade- transmitters must be attached to the quate capacity for the required instru- airplane as far aft as practicable. ments and equipment; and (c) Batteries used in the emergency (7) Radar altimeter. locator transmitters required by para- (i) Exclusions. Paragraphs (f) and (g) graphs (a) and (b) of this section must of this section do not apply to oper- be replaced (or recharged, if the bat- ations conducted by a holder of a cer- teries are rechargeable)— tificate issued under part 121 or part (1) When the transmitter has been in 135 of this chapter. use for more than 1 cumulative hour; [Doc. No. 18334, 54 FR 34292, Aug. 18, 1989, as or amended by Amdt. 91–220, 55 FR 43310, Oct. (2) When 50 percent of their useful 26, 1990; Amdt. 91–223, 56 FR 41052, Aug. 16, life (or, for rechargeable batteries, 50 1991; Amdt. 91–231, 57 FR 42672, Sept. 15, 1992; percent of their useful life of charge) Amdt. 91–248, 61 FR 5171, Feb. 9, 1996; Amdt. has expired, as established by the 91–251, 61 FR 34560, July 2, 1996; Amdt. 91–285, transmitter manufacturer under its ap- 69 FR 77599, Dec. 27, 2004; Amdt. 91–296, 72 FR 31679, June 7, 2007; Amdt. 91–309, 74 FR 42563, proval. Aug. 21, 2009; Docket FAA–2015–1621, Amdt. The new expiration date for replacing 91–346, 81 FR 96700, Dec. 30, 2016] (or recharging) the battery must be legibly marked on the outside of the § 91.207 Emergency locator transmitters. transmitter and entered in the aircraft maintenance record. Paragraph (c)(2) (a) Except as provided in paragraphs of this section does not apply to bat- (e) and (f) of this section, no person teries (such as water-activated bat- may operate a U.S.-registered civil air- teries) that are essentially unaffected plane unless— during probable storage intervals. (1) There is attached to the airplane (d) Each emergency locator trans- an approved automatic type emergency mitter required by paragraph (a) of this locator transmitter that is in operable section must be inspected within 12 condition for the following operations, calendar months after the last inspec- except that after June 21, 1995, an tion for— emergency locator transmitter that (1) Proper installation; meets the requirements of TSO-C91 (2) Battery corrosion; may not be used for new installations: (3) Operation of the controls and (i) Those operations governed by the crash sensor; and supplemental air carrier and commer- (4) The presence of a sufficient signal cial operator rules of parts 121 and 125; radiated from its antenna. (ii) Charter flights governed by the (e) Notwithstanding paragraph (a) of domestic and flag air carrier rules of this section, a person may— part 121 of this chapter; and (1) Ferry a newly acquired airplane (iii) Operations governed by part 135 from the place where possession of it of this chapter; or was taken to a place where the emer- (2) For operations other than those gency locator transmitter is to be in- specified in paragraph (a)(1) of this sec- stalled; and tion, there must be attached to the air- (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 that meets the requirements of TSO- No person other than required crew- C91 may not be used for new installa- members may be carried aboard an air- tions. plane being ferried under paragraph (e) (b) Each emergency locator trans- of this section. mitter required by paragraph (a) of this (f) Paragraph (a) of this section does section must be attached to the air- not apply to— plane in such a manner that the prob- (1) Before January 1, 2004, turbojet- ability of damage to the transmitter in powered aircraft;

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(2) Aircraft while engaged in sched- miles or the sun is more than 6 degrees uled flights by scheduled air carriers; below the horizon)— (3) Aircraft while engaged in training (1) Operate an aircraft unless it has operations conducted entirely within a lighted position lights; 50-nautical mile radius of the airport (2) Park or move an aircraft in, or in from which such local flight operations dangerous proximity to, a night flight began; operations area of an airport unless the (4) Aircraft while engaged in flight aircraft— operations incident to design and test- (i) Is clearly illuminated; ing; (ii) Has lighted position lights; or (5) New aircraft while engaged in (iii) is in an area that is marked by flight operations incident to their man- obstruction lights; ufacture, preparation, and delivery; (3) Anchor an aircraft unless the air- (6) Aircraft while engaged in flight craft— operations incident to the aerial appli- (i) Has lighted anchor lights; or cation of chemicals and other sub- (ii) Is in an area where anchor lights stances for agricultural purposes; are not required on vessels; or (7) Aircraft certificated by the Ad- (b) Operate an aircraft that is ministrator for research and develop- equipped with an anticollision light ment purposes; system, unless it has lighted anti- (8) Aircraft while used for showing collision lights. However, the anti- compliance with regulations, crew collision lights need not be lighted training, exhibition, air racing, or mar- when the pilot-in-command determines ket surveys; that, because of operating conditions, (9) Aircraft equipped to carry not it would be in the interest of safety to more than one person. turn the lights off. (10) An aircraft during any period for [Doc. No. 27806, 61 FR 5171, Feb. 9, 1996] which the transmitter has been tempo- rarily removed for inspection, repair, § 91.211 Supplemental oxygen. modification, or replacement, subject (a) General. No person may operate a to the following: civil aircraft of U.S. registry— (i) No person may operate the air- (1) At cabin pressure altitudes above craft unless the aircraft records con- 12,500 feet (MSL) up to and including tain an entry which includes the date 14,000 feet (MSL) unless the required of initial removal, the make, model, se- minimum flight crew is provided with rial number, and reason for removing and uses supplemental oxygen for that the transmitter, and a placard located part of the flight at those altitudes in view of the pilot to show ‘‘ELT not that is of more than 30 minutes dura- installed.’’ tion; (ii) No person may operate the air- (2) At cabin pressure altitudes above craft more than 90 days after the ELT 14,000 feet (MSL) unless the required is initially removed from the aircraft; minimum flight crew is provided with and and uses supplemental oxygen during (11) On and after January 1, 2004, air- the entire flight time at those alti- craft with a maximum payload capac- tudes; and ity of more than 18,000 pounds when (3) At cabin pressure altitudes above used in air transportation. 15,000 feet (MSL) unless each occupant [Doc. No. 18334, 54 FR 34304, Aug. 18, 1989, as of the aircraft is provided with supple- amended by Amdt. 91–242, 59 FR 32057, June mental oxygen. 21, 1994; 59 FR 34578, July 6, 1994; Amdt. 91– (b) Pressurized cabin aircraft. (1) No 265, 65 FR 81319, Dec. 22, 2000; 66 FR 16316, person may operate a civil aircraft of Mar. 23, 2001] U.S. registry with a pressurized cabin— (i) At flight altitudes above flight § 91.209 Aircraft lights. level 250 unless at least a 10-minute No person may: supply of supplemental oxygen, in addi- (a) During the period from sunset to tion to any oxygen required to satisfy sunrise (or, in Alaska, during the pe- paragraph (a) of this section, is avail- riod a prominent unlighted object can- able for each occupant of the aircraft not be seen from a distance of 3 statute for use in the event that a descent is

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necessitated by loss of cabin pressur- (4) The aircraft records available to ization; and the pilot must include an entry de- (ii) At flight altitudes above flight scribing the inoperable instruments level 350 unless one pilot at the con- and equipment. trols of the airplane is wearing and (5) The aircraft is operated under all using an oxygen mask that is secured applicable conditions and limitations and sealed and that either supplies ox- contained in the Minimum Equipment ygen at all times or automatically sup- List and the letter authorizing the use plies oxygen whenever the cabin pres- of the list. sure altitude of the airplane exceeds (b) The following instruments and 14,000 feet (MSL), except that the one equipment may not be included in a pilot need not wear and use an oxygen Minimum Equipment List: mask while at or below flight level 410 (1) Instruments and equipment that if there are two pilots at the controls are either specifically or otherwise re- and each pilot has a quick-donning quired by the airworthiness require- type of oxygen mask that can be placed ments under which the aircraft is type on the face with one hand from the certificated and which are essential for ready position within 5 seconds, sup- safe operations under all operating plying oxygen and properly secured and conditions. sealed. (2) Instruments and equipment re- (2) Notwithstanding paragraph quired by an airworthiness directive to (b)(1)(ii) of this section, if for any rea- be in operable condition unless the air- son at any time it is necessary for one worthiness directive provides other- pilot to leave the controls of the air- wise. craft when operating at flight altitudes (3) Instruments and equipment re- above flight level 350, the remaining quired for specific operations by this pilot at the controls shall put on and part. use an oxygen mask until the other (c) A person authorized to use an ap- pilot has returned to that crew- proved Minimum Equipment List member’s station. issued for a specific aircraft under subpart K of this part, part 121, 125, or 135 § 91.213 Inoperative instruments and of this chapter must use that Minimum equipment. Equipment List to comply with the re- (a) Except as provided in paragraph quirements in this section. (d) of this section, no person may take (d) Except for operations conducted off an aircraft with inoperative instru- in accordance with paragraph (a) or (c) ments or equipment installed unless of this section, a person may takeoff an the following conditions are met: aircraft in operations conducted under (1) An approved Minimum Equipment this part with inoperative instruments List exists for that aircraft. and equipment without an approved (2) The aircraft has within it a letter Minimum Equipment List provided— of authorization, issued by the respon- (1) The flight operation is conducted sible Flight Standards office, author- in a— izing operation of the aircraft under (i) Rotorcraft, non-turbine-powered the Minimum Equipment List. The let- airplane, glider, lighter-than-air air- ter of authorization may be obtained craft, powered parachute, or weight- by written request of the airworthiness shift-control aircraft, for which a mas- certificate holder. The Minimum ter minimum equipment list has not Equipment List and the letter of au- been developed; or thorization constitute a supplemental (ii) Small rotorcraft, nonturbine- type certificate 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 TSO-C74c (Mode A with altitude report- was type certificated; ing capability) as appropriate, or the (ii) Indicated as required on the air- appropriate class of TSO-C112 (Mode S). craft’s equipment list, or on the Kinds (b) All airspace. Unless otherwise au- of Operations Equipment List for the thorized or directed by ATC, no person kind of flight operation being con- may operate an aircraft in the airspace ducted; described in paragraphs (b)(1) through (iii) Required by § 91.205 or any other (b)(5) of this section, unless that air- rule of this part for the specific kind of craft is equipped with an operable flight operation being conducted; or coded radar beacon transponder having (iv) Required to be operational by an either Mode 3/A 4096 code capability, airworthiness directive; and replying to Mode 3/A interrogations (3) The inoperative instruments and with the code specified by ATC, or a equipment are— Mode S capability, replying to Mode 3/ (i) Removed from the aircraft, the A interrogations with the code speci- cockpit control placarded, and the fied by ATC and intermode and Mode S maintenance recorded in accordance interrogations in accordance with the with § 43.9 of this chapter; or applicable provisions specified in TSO (ii) Deactivated and placarded ‘‘In- C–112, and that aircraft is equipped operative.’’ If deactivation of the inop- with automatic pressure altitude re- erative instrument or equipment in- porting equipment having a Mode C ca- volves maintenance, it must be accom- pability that automatically replies to plished and recorded in accordance Mode C interrogations by transmitting with part 43 of this chapter; and pressure altitude information in 100- (4) A determination is made by a foot increments. This requirement ap- pilot, who is certificated and appro- plies— priately rated under part 61 of this (1) All aircraft. In Class A, Class B, chapter, or by a person, who is certifi- and Class C airspace areas; cated and appropriately rated to per- (2) All aircraft. In all airspace within form maintenance on the aircraft, that the inoperative instrument or equip- 30 nautical miles of an airport listed in ment does not constitute a hazard to appendix D, section 1 of this part from the aircraft. the surface upward to 10,000 feet MSL; An aircraft with inoperative instru- (3) Notwithstanding paragraph (b)(2) ments or equipment as provided in of this section, any aircraft which was paragraph (d) of this section is consid- not originally certificated with an en- ered to be in a properly altered condi- gine-driven electrical system or which tion acceptable to the Administrator. has not subsequently been certified (e) Notwithstanding any other provi- with such a system installed, balloon sion of this section, an aircraft with in- or glider may conduct operations in operable instruments or equipment the airspace within 30 nautical miles of may be operated under a special flight an airport listed in appendix D, section permit issued in accordance with 1 of this part provided such operations §§ 21.197 and 21.199 of this chapter. are conducted— (i) Outside any Class A, Class B, or [Doc. No. 18334, 54 FR 34304, Aug. 18, 1989, as Class C airspace area; and amended by Amdt. 91–280, 68 FR 54560, Sept. 17, 2003; Amdt. 91–282, 69 FR 44880, July 27, (ii) Below the altitude of the ceiling 2004; Docket FAA–2018–0119, Amdt. 91–350, 83 of a Class B or Class C airspace area FR 9171, Mar. 5, 2018] 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

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been certified with such a system in- § 91.217 Data correspondence between stalled, balloon, or glider— automatically reported pressure al- (i) In all airspace of the 48 contiguous titude data and the pilot’s altitude states and the District of Columbia at reference. and above 10,000 feet MSL, excluding (a) No person may operate any auto- the airspace at and below 2,500 feet matic pressure altitude reporting above the surface; and equipment associated with a radar bea- (ii) In the airspace from the surface con transponder— to 10,000 feet MSL within a 10-nautical- (1) When deactivation of that equip- mile radius of any airport listed in ap- ment is directed by ATC; pendix D, section 2 of this part, exclud- (2) Unless, as installed, that equip- ing the airspace below 1,200 feet outside ment was tested and calibrated to of the lateral boundaries of the surface transmit altitude data corresponding area of the airspace designated for that within 125 feet (on a 95 percent prob- airport. ability basis) of the indicated or calibrated datum of the altimeter nor- (c) Transponder-on operation. While in mally used to maintain flight altitude, the airspace as specified in paragraph with that altimeter referenced to 29.92 (b) of this section or in all controlled inches of mercury for altitudes from airspace, each person operating an air- sea level to the maximum operating al- craft equipped with an operable ATC titude of the aircraft; or transponder maintained in accordance (3) Unless the altimeters and with § 91.413 of this part shall operate digitizers in that equipment meet the the transponder, including Mode C standards of TSO-C10b and TSO-C88, re- equipment if installed, and shall reply spectively. on the appropriate code or as assigned (b) No person may operate any auto- by ATC. matic pressure altitude reporting (d) ATC authorized deviations. Re- equipment associated with a radar bea- quests for ATC authorized deviations con transponder or with ADS–B Out must be made to the ATC facility hav- equipment unless the pressure altitude ing jurisdiction over the concerned air- reported for ADS–B Out and Mode C/S space within the time periods specified is derived from the same source for air- as follows: craft equipped with both a transponder (1) For operation of an aircraft with and ADS–B Out. an operating transponder but without [Doc. No. 18334, 54 FR 34304, Aug. 18, 1989, as operating automatic pressure altitude amended by Amdt. 91–314, 75 FR 30193, May reporting equipment having a Mode C 28, 2010] capability, the request may be made at any time. § 91.219 Altitude alerting system or de- (2) For operation of an aircraft with vice: Turbojet-powered civil airplanes. an inoperative transponder to the airport of ultimate destination, including (a) Except as provided in paragraph any intermediate stops, or to proceed (d) of this section, no person may oper- to a place where suitable repairs can be ate a turbojet-powered U.S.-registered made or both, the request may be made civil airplane unless that airplane is at any time. equipped with an approved altitude alerting system or device that is in op- (3) For operation of an aircraft that erable condition and meets the require- is not equipped with a transponder, the ments of paragraph (b) of this section. request must be made at least one hour (b) Each altitude alerting system or before the proposed operation. device required by paragraph (a) of this (Approved by the Office of Management and section must be able to— Budget under control number 2120–0005) (1) Alert the pilot— (i) Upon approaching a preselected [Doc. No. 18334, 54 FR 34304, Aug. 18, 1989, as amended by Amdt. 91–221, 56 FR 469, Jan. 4, altitude in either ascent or descent, by 1991; Amdt. 91–227, 56 FR 65660, Dec. 17, 1991; a sequence of both aural and visual sig- Amdt. 91–227, 7 FR 328, Jan. 3, 1992; Amdt. 91– nals in sufficient time to establish 229, 57 FR 34618, Aug. 5, 1992; Amdt. 91–267, 66 level flight at that preselected alti- FR 21066, Apr. 27, 2001] tude; or

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

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requirements for Class B equipment in (c) Operators with equipment in- Technical Standard Order (TSO)–C151. stalled with an approved deviation (Approved by the Office of Management and under § 21.618 of this chapter also are in Budget under control number 2120–0631) compliance with this section. (d) After January 1, 2020, and unless (c) Airplane Flight Manual. The Air- otherwise authorized by ATC, no per- plane Flight Manual shall contain ap- son may operate an aircraft in the fol- propriate procedures for— (1) The use of the terrain awareness lowing airspace unless the aircraft has and warning system; and equipment installed that meets the re- (2) Proper flight crew reaction in requirements in paragraph (b) of this sec- sponse to the terrain awareness and tion: warning system audio and visual warn- (1) Class B and Class C airspace areas; ings. (2) Except as provided for in para- (d) Exceptions. Paragraphs (a) and (b) graph (e) of this section, within 30 nau- of this section do not apply to— tical miles of an airport listed in ap- (1) Parachuting operations when con- pendix D, section 1 to this part from ducted entirely within a 50 nautical the surface upward to 10,000 feet MSL; mile radius of the airport from which (3) Above the ceiling and within the such local flight operations began. lateral boundaries of a Class B or Class (2) Firefighting operations. C airspace area designated for an air- (3) Flight operations when incident port upward to 10,000 feet MSL; to the aerial application of chemicals (4) Except as provided in paragraph and other substances. (e) of this section, Class E airspace [Doc. No. 29312, 65 FR 16755, Mar. 29, 2000] within the 48 contiguous states and the District of Columbia at and above § 91.225 Automatic Dependent Surveil- 10,000 feet MSL, excluding the airspace lance-Broadcast (ADS–B) Out equipment and use. at and below 2,500 feet above the surface; and (a) After January 1, 2020, and unless (5) Class E airspace at and above 3,000 otherwise authorized by ATC, no per- feet MSL over the Gulf of Mexico from son may operate an aircraft in Class A airspace unless the aircraft has equip- the coastline of the United States out ment installed that— to 12 nautical miles. (1) Meets the performance require- (e) The requirements of paragraph (b) ments in TSO–C166b, Extended Squitter of this section do not apply to any air- Automatic Dependent Surveillance- craft that was not originally certifi- Broadcast (ADS–B) and Traffic Infor- cated with an electrical system, or mation Service-Broadcast (TIS–B) that has not subsequently been cer- Equipment Operating on the Radio tified with such a system installed, in- Frequency of 1090 Megahertz (MHz); cluding balloons and gliders. These air- and craft may conduct operations without (2) Meets the requirements of § 91.227. ADS–B Out in the airspace specified in (b) After January 1, 2020, and unless paragraphs (d)(2) and (d)(4) of this sec- otherwise authorized by ATC, no per- tion. Operations authorized by this sec- son may operate an aircraft below tion must be conducted— 18,000 feet MSL and in airspace de- (1) Outside any Class B or Class C air- scribed in paragraph (d) of this section space area; and unless the aircraft has equipment in- (2) Below the altitude of the ceiling stalled that— of a Class B or Class C airspace area (1) Meets the performance require- designated for an airport, or 10,000 feet ments in— (i) TSO–C166b; or MSL, whichever is lower. (ii) TSO–C154c, Universal Access (f) Each person operating an aircraft Transceiver (UAT) Automatic Depend- equipped with ADS–B Out must operate ent Surveillance-Broadcast (ADS–B) this equipment in the transmit mode Equipment Operating on the Frequency at all times. of 978 MHz; (g) Requests for ATC authorized devi- (2) Meets the requirements of § 91.227. ations from the requirements of this

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section must be made to the ATC facil- (2) Copies of Section 2, Equipment ity having jurisdiction over the con- Performance Requirements and Test cerned airspace within the time periods Procedures, of RTCA DO–260B, Min- specified as follows: imum Operational Performance Stand- (1) For operation of an aircraft with ards for 1090 MHz Extended Squitter an inoperative ADS–B Out, to the air- Automatic Dependent Surveillance- port of ultimate destination, including Broadcast (ADS–B) and Traffic Infor- any intermediate stops, or to proceed mation Services-Broadcast (TIS–B), to a place where suitable repairs can be December 2, 2009 (referenced in TSO– made or both, the request may be made C166b) and Section 2, Equipment Per- at any time. formance Requirements and Test Pro- (2) For operation of an aircraft that cedures, of RTCA DO–282B, Minimum is not equipped with ADS–B Out, the Operational Performance Standards for request must be made at least 1 hour Universal Access Transceiver (UAT) before the proposed operation. Automatic Dependent Surveillance- (h) The standards required in this Broadcast (ADS–B), December 2, 2009 section are incorporated by reference (referenced in TSO C–154c) may be ob- with the approval of the Director of the tained from RTCA, Inc., 1828 L Street, Office of the Federal Register under 5 NW., Suite 805, Washington, DC 20036– U.S.C. 552(a) and 1 CFR part 51. All ap- 5133, telephone 202–833–9339. Copies of proved materials are available for in- RTCA DO–260B and RTCA DO–282B are spection at the FAA’s Office of Rule- also available on RTCA Inc.’s Web site, making (ARM–1), 800 Independence Av- at http://www.rtca.org/onlinecart/ enue, SW., Washington, DC 20590 (tele- allproducts.cfm. phone 202–267–9677), or at the National [Doc. No. FAA–2007–29305, 75 FR 30193, May Archives and Records Administration 28, 2010; Amdt. 91–314–A, 75 FR 37712, June 30, (NARA). For information on the avail- 2010; Amdt. 91–316, 75 FR 37712, June 30, 2010; ability of this material at NARA, call Amdt. 91–336, 80 FR 6900, Feb. 9, 2015; Amdt. 202–741–6030, or go to http:// 91–336A, 80 FR 11537, Mar. 4, 2015] www.archives.gov/federallregister/ codeloflfederallregulations/ § 91.227 Automatic Dependent Surveil- ibrllocations.html. This material is also lance-Broadcast (ADS–B) Out equipment performance requirements. available from the sources indicated in paragraphs (h)(1) and (h)(2) of this sec- (a) Definitions. For the purposes of tion. this section: (1) Copies of Technical Standard ADS–B Out is a function of an air- Order (TSO)–C166b, Extended Squitter craft’s onboard avionics that periodi- Automatic Dependent Surveillance- cally broadcasts the aircraft’s state Broadcast (ADS–B) and Traffic Infor- vector (3-dimensional position and 3-di- mation Service-Broadcast (TIS–B) mensional velocity) and other required Equipment Operating on the Radio information as described in this sec- Frequency of 1090 Megahertz (MHz) tion. (December 2, 2009) and TSO–C154c, Uni- Navigation Accuracy Category for Posi- versal Access Transceiver (UAT) Auto- tion (NACP) specifies the accuracy of a matic Dependent Surveillance-Broad- reported aircraft’s position, as defined cast (ADS–B) Equipment Operating on in TSO–C166b and TSO–C154c. the Frequency of 978 MHz (December 2, Navigation Accuracy Category for Ve- 2009) may be obtained from the U.S. locity (NACV) specifies the accuracy of a Department of Transportation, Subse- reported aircraft’s velocity, as defined quent Distribution Office, DOT Ware- in TSO–C166b and TSO–C154c. house M30, Ardmore East Business Cen- Navigation Integrity Category (NIC) ter, 3341 Q 75th Avenue, Landover, MD specifies an integrity containment ra- 20785; telephone (301) 322–5377. Copies of dius around an aircraft’s reported posi- TSO –C166B and TSO–C154c are also tion, as defined in TSO–C166b and TSO– available on the FAA’s Web site, at C154c. http://www.faa.gov/aircraft/airlcert/ Position Source refers to the equip- designlapprovals/tso/. Select the link ment installed onboard an aircraft used ‘‘Search Technical Standard Orders.’’ to process and provide aircraft position

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

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(15) An indication of the Navigation (1) Copies of Technical Standard Accuracy Category for Position Order (TSO)–C166b, Extended Squitter (NACP); Automatic Dependent Surveillance– (16) An indication of the Navigation Broadcast (ADS–B) and Traffic Infor- Accuracy Category for Velocity mation Service–Broadcast (TIS–B) (NACV); Equipment Operating on the Radio (17) An indication of the Navigation Frequency of 1090 Megahertz (MHz) Integrity Category (NIC); (December 2, 2009) and TSO–C154c, Uni- (18) An indication of the System De- versal Access Transceiver (UAT) Auto- sign Assurance (SDA); and matic Dependent Surveillance–Broad- (19) An indication of the Source In- cast (ADS–B) Equipment Operating on tegrity Level (SIL). the Frequency of 978 MHz (December 2, (e) ADS–B Latency Requirements— 2009) may be obtained from the U.S. (1) The aircraft must transmit its Department of Transportation, Subse- geometric position no later than 2.0 quent Distribution Office, DOT Ware- seconds from the time of measurement house M30, Ardmore East Business Cen- of the position to the time of trans- ter, 3341 Q 75th Avenue, Landover, MD mission. 20785; telephone (301) 322–5377. Copies of (2) Within the 2.0 total latency allo- TSO –C166B and TSO–C154c are also cation, a maximum of 0.6 seconds can available on the FAA’s Web site, at be uncompensated latency. The air- http://www.faa.gov/aircraft/airlcert/ craft must compensate for any latency designlapprovals/tso/. Select the link above 0.6 seconds up to the maximum ‘‘Search Technical Standard Orders.’’ 2.0 seconds total by extrapolating the (2) Copies of Section 2, Equipment geometric position to the time of mes- Performance Requirements and Test sage transmission. Procedures, of RTCA DO–260B, Min- (3) The aircraft must transmit its po- imum Operational Performance Stand- sition and velocity at least once per ards for 1090 MHz Extended Squitter second while airborne or while moving Automatic Dependent Surveillance- on the airport surface. Broadcast (ADS–B) and Traffic Infor- (4) The aircraft must transmit its po- mation Services-Broadcast (TIS–B), sition at least once every 5 seconds December 2, 2009 (referenced in TSO– while stationary on the airport surface. C166b) and Section 2, Equipment Per- (f) Equipment with an approved devi- formance Requirements and Test Pro- ation. Operators with equipment in- cedures, of RTCA DO–282B, Minimum stalled with an approved deviation Operational Performance Standards for under § 21.618 of this chapter also are in Universal Access Transceiver (UAT) compliance with this section. Automatic Dependent Surveillance- (g) Incorporation by Reference. The Broadcast (ADS–B), December 2, 2009 standards required in this section are (referenced in TSO C–154c) may be ob- incorporated by reference with the ap- tained from RTCA, Inc., 1828 L Street, proval of the Director of the Office of NW., Suite 805, Washington, DC 20036– the Federal Register under 5 U.S.C. 5133, telephone 202–833–9339. Copies of 552(a) and 1 CFR part 51. All approved RTCA DO–260B and RTCA DO–282B are materials are available for inspection also available on RTCA Inc.’s Web site, at the FAA’s Office of Rulemaking at http://www.rtca.org/onlinecart/ (ARM–1), 800 Independence Avenue, allproducts.cfm. SW., Washington, DC 20590 (telephone 202–267–9677), or at the National Ar- [Doc. No. FAA–2007–29305, 75 FR 30194, May chives and Records Administration 28, 2010; Amdt. 91–314–A, 75 FR 37712, June 30, 2010; Amdt. 91–316, 75 FR 37712, June 30, 2010] (NARA). For information on the availability of this material at NARA, call §§ 91.228–91.299 [Reserved] 202–741–6030, or go to http:// www.archives.gov/federallregister/ codeloflfederallregulations/ Subpart D—Special Flight ibrllocations.html. This material is also Operations available from the sources indicated in paragraphs (g)(1) and (g)(2) of this sec- SOURCE: Docket No. 18334, 54 FR 34308, Aug. tion. 18, 1989, unless otherwise noted.

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§ 91.301 [Reserved] may conduct, a parachute operation from an aircraft within the United § 91.303 Aerobatic flight. States except in accordance with part No person may operate an aircraft in 105 of this chapter. aerobatic flight— (c) Unless each occupant of the air- (a) Over any congested area of a city, craft is wearing an approved parachute, town, or settlement; no pilot of a civil aircraft carrying any (b) Over an open air assembly of per- person (other than a crewmember) may sons; execute any intentional maneuver that (c) Within the lateral boundaries of exceeds— the surface areas of Class B, Class C, (1) A bank of 60 degrees relative to Class D, or Class E airspace designated the horizon; or for an airport; (2) A nose-up or nose-down attitude (d) Within 4 nautical miles of the of 30 degrees relative to the horizon. center line of any Federal airway; (d) Paragraph (c) of this section does (e) Below an altitude of 1,500 feet not apply to— above the surface; or (1) Flight tests for pilot certification (f) When flight visibility is less than or rating; or 3 statute miles. (2) Spins and other flight maneuvers required by the regulations for any cer- For the purposes of this section, aero- tificate or rating when given by— batic flight means an intentional ma- (i) A certificated flight instructor; or neuver involving an abrupt change in (ii) An airline transport pilot in- an aircraft’s attitude, an abnormal at- structing in accordance with § 61.67 of titude, or abnormal acceleration, not this chapter. necessary for normal flight. (e) For the purposes of this section, [Doc. No. 18834, 54 FR 34308, Aug. 18, 1989, as approved parachute means— amended by Amdt. 91–227, 56 FR 65661, Dec. (1) A parachute manufactured under 17, 1991] a type certificate or a technical standard order (C–23 series); or § 91.305 Flight test areas. (2) A personnel-carrying military No person may flight test an aircraft parachute identified by an NAF, AAF, except over open water, or sparsely or AN drawing number, an AAF order populated areas, having light air traf- number, or any other military designa- fic. tion or specification number.

§ 91.307 Parachutes and parachuting. [Doc. No. 18334, 54 FR 34308, Aug. 18, 1989, as amended by Amdt. 91–255, 62 FR 68137, Dec. (a) No pilot of a civil aircraft may 30, 1997; Amdt. 91–268, 66 FR 23553, May 9, allow a parachute that is available for 2001; Amdt. 91–305, 73 FR 69530, Nov. 19, 2008] emergency use to be carried in that aircraft unless it is an approved type § 91.309 Towing: Gliders and and has been packed by a certificated unpowered ultralight vehicles. and appropriately rated parachute rig- (a) No person may operate a civil air- ger— craft towing a glider or unpowered (1) Within the preceding 180 days, if ultralight vehicle unless— its canopy, shrouds, and harness are (1) The pilot in command of the tow- composed exclusively of nylon, rayon, ing aircraft is qualified under § 61.69 of or other similar synthetic fiber or ma- this chapter; terials that are substantially resistant (2) The towing aircraft is equipped to damage from mold, mildew, or other with a tow-hitch of a kind, and in- fungi and other rotting agents propa- stalled in a manner, that is approved gated in a moist environment; or by the Administrator; (2) Within the preceding 60 days, if (3) The towline used has breaking any part of the parachute is composed strength not less than 80 percent of the of silk, pongee, or other natural fiber maximum certificated operating or materials not specified in paragraph weight of the glider or unpowered (a)(1) of this section. ultralight vehicle and not more than (b) Except in an emergency, no pilot twice this operating weight. However, in command may allow, and no person the towline used may have a breaking

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strength more than twice the max- with the terms of a certificate of waiv- imum certificated operating weight of er issued by the Administrator. the glider or unpowered ultralight vehicle if— § 91.313 Restricted category civil air- (i) A safety link is installed at the craft: Operating limitations. point of attachment of the towline to (a) No person may operate a re- the glider or unpowered ultralight ve- stricted category civil aircraft— hicle with a breaking strength not less (1) For other than the special purpose than 80 percent of the maximum cer- for which it is certificated; or tificated operating weight of the glider (2) In an operation other than one or unpowered ultralight vehicle and necessary to accomplish the work ac- not greater than twice this operating tivity directly associated with that weight; special purpose. (ii) A safety link is installed at the (b) For the purpose of paragraph (a) point of attachment of the towline to of this section, the following oper- the towing aircraft with a breaking ations are considered necessary to ac- strength greater, but not more than 25 complish the work activity directly as- percent greater, than that of the safety sociated with a special purpose oper- link at the towed glider or unpowered ation: ultralight vehicle end of the towline (1) Flights conducted for flight crew- and not greater than twice the max- member training in a special purpose imum certificated operating weight of operation for which the aircraft is cer- the glider or unpowered ultralight ve- tificated. hicle; (2) Flights conducted to satisfy pro- (4) Before conducting any towing op- ficiency check and recent flight experi- eration within the lateral boundaries ence requirements under part 61 of this of the surface areas of Class B, Class C, chapter provided the flight crew- Class D, or Class E airspace designated member holds the appropriate cat- for an airport, or before making each egory, class, and type ratings and is towing flight within such controlled employed by the operator to perform airspace if required by ATC, the pilot the appropriate special purpose oper- in command notifies the control tower. ation. If a control tower does not exist or is (3) Flights conducted to relocate the not in operation, the pilot in command aircraft for delivery, repositioning, or must notify the FAA flight service sta- maintenance. tion serving that controlled airspace (c) No person may operate a re- before conducting any towing oper- stricted category civil aircraft car- ations in that airspace; and rying persons or property for com- (5) The pilots of the towing aircraft pensation or hire. For the purposes of and the glider or unpowered ultralight this paragraph (c), a special purpose vehicle have agreed upon a general operation involving the carriage of per- course of action, including takeoff and sons or material necessary to accom- release signals, airspeeds, and emer- plish that operation, such as crop dust- gency procedures for each pilot. ing, seeding, spraying, and banner tow- (b) No pilot of a civil aircraft may in- ing (including the carrying of required tentionally release a towline, after re- persons or material to the location of lease of a glider or unpowered ultra- that operation), an operation for the light vehicle, in a manner that endan- purpose of providing flight crew- gers the life or property of another. member training in a special purpose [Doc. No. 18834, 54 FR 34308, Aug. 18, 1989, as operation, and an operation conducted amended by Amdt. 91–227, 56 FR 65661, Dec. under the authority provided in para- 17, 1991; Amdt. 91–282, 69 FR 44880, July 27, graph (h) of this section are not consid- 2004] ered to be the carriage of persons or property for compensation or hire. § 91.311 Towing: Other than under (d) No person may be carried on a re- § 91.309. stricted category civil aircraft unless No pilot of a civil aircraft may tow that person— anything with that aircraft (other than (1) Is a flight crewmember; under § 91.309) except in accordance (2) Is a flight crewmember trainee;

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(3) Performs an essential function in tificate with the appropriate category connection with a special purpose oper- and class ratings for the aircraft type; ation for which the aircraft is certifi- (B) The pilot receiving flight training cated; is employed by the operator to perform (4) Is necessary to accomplish the a special purpose operation; and work activity directly associated with (C) The flight training is conducted that special purpose; or by the operator who employs the pilot (5) Is necessary to accomplish an op- to perform a special purpose operation. eration under paragraph (h) of this sec- (ii) Flights to designate an examiner tion. or qualify an FAA inspector in the air- (e) Except when operating in accord- craft type and flights necessary to pro- ance with the terms and conditions of vide continuing oversight and evalua- a certificate of waiver or special oper- tion of an examiner. ating limitations issued by the Admin- (2) The FAA will issue this deviation istrator, no person may operate a re- authority as a letter of deviation au- stricted category civil aircraft within thority. the United States— (3) The FAA may cancel or amend a (1) Over a densely populated area; letter of deviation authority at any time. (2) In a congested airway; or (4) An applicant must submit a re- (3) Near a busy airport where pas- quest for deviation authority in a form senger transport operations are con- and manner acceptable to the Adminis- ducted. trator at least 60 days before the date (f) This section does not apply to of intended operations. A request for nonpassenger-carrying civil rotorcraft deviation authority must contain a external-load operations conducted complete description of the proposed under part 133 of this chapter. operation and justification that estab- (g) No person may operate a small re- lishes a level of safety equivalent to stricted-category civil airplane manu- that provided under the regulations for factured after July 18, 1978, unless an the deviation requested. approved shoulder harness or restraint system is installed for each front seat. [Docket No. 18334, 54 FR 34308, Aug. 18, 1989, The shoulder harness or restraint sys- as amended by Docket FAA–2015–1621, Amdt. tem installation at each flightcrew sta- 91–346, 81 FR 96700, Dec. 30, 2016; Amdt. 60–6, 83 FR 30281, June 27, 2018] tion must permit the flightcrew member, when seated and with the safety § 91.315 Limited category civil aircraft: belt and shoulder harness fastened or Operating limitations. the restraint system engaged, to per- No person may operate a limited cat- form all functions necessary for flight egory civil aircraft carrying persons or operation. For purposes of this para- property for compensation or hire. graph— (1) The date of manufacture of an air- § 91.317 Provisionally certificated civil plane is the date the inspection accept- aircraft: Operating limitations. ance records reflect that the airplane is (a) No person may operate a provi- complete and meets the FAA-approved sionally certificated civil aircraft un- type design data; and less that person is eligible for a provi- (2) A front seat is a seat located at a sional airworthiness certificate under flight crewmember station or any seat § 21.213 of this chapter. located alongside such a seat. (b) No person may operate a provi- (h)(1) An operator may apply for de- sionally certificated civil aircraft out- viation authority from the provisions side the United States unless that per- of paragraph (a) of this section to con- son has specific authority to do so from duct operations for the following pur- the Administrator and each foreign poses: country involved. (i) Flight training and the practical (c) Unless otherwise authorized by test for issuance of a type rating pro- the Executive Director, Flight Stand- vided— ards Service, no person may operate a (A) The pilot being trained and tested provisionally certificated civil aircraft holds at least a commercial pilot cer- in air transportation.

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(d) Unless otherwise authorized by ation is necessary to ensure safe oper- the Administrator, no person may op- ation, no person may operate a provi- erate a provisionally certificated civil sionally certificated civil aircraft until aircraft except— that change has been made and ap- (1) In direct conjunction with the proved. Section 21.99 of this chapter ap- type or supplemental type certification plies to operations under this section. of that aircraft; (j) Each person operating a provision- (2) For training flight crews, includ- ally certificated civil aircraft— ing simulated air carrier operations; (1) May carry in that aircraft only (3) Demonstration flight by the man- persons who have a proper interest in ufacturer for prospective purchasers; the operations allowed by this section (4) Market surveys by the manufac- or who are specifically authorized by turer; both the manufacturer and the Admin- (5) Flight checking of instruments, istrator; and accessories, and equipment that do not (2) Shall advise each person carried affect the basic airworthiness of the that the aircraft is provisionally cer- aircraft; or tificated. (6) Service testing of the aircraft. (k) The Administrator may prescribe (e) Each person operating a provi- additional limitations or procedures sionally certificated civil aircraft shall that the Administrator considers nec- operate within the prescribed limita- essary, including limitations on the tions displayed in the aircraft or set number of persons who may be carried forth in the provisional aircraft flight in the aircraft. manual or other appropriate document. (Approved by the Office of Management and However, when operating in direct con- Budget under control number 2120–0005) junction with the type or supplemental [Doc. No. 18334, 54 FR 34308, Aug. 18, 1989, as type certification of the aircraft, that amended by Amdt. 91–212, 54 FR 39293, Sept. person shall operate under the experi- 25, 1989; Docket FAA–2018–0119, Amdt. 91–350, mental aircraft limitations of § 21.191 of 83 FR 9171, Mar. 5, 2018] this chapter and when flight testing, shall operate under the requirements of § 91.319 Aircraft having experimental § 91.305 of this part. certificates: Operating limitations. (f) Each person operating a provision- (a) No person may operate an aircraft ally certificated civil aircraft shall es- that has an experimental certificate— tablish approved procedures for— (1) For other than the purpose for (1) The use and guidance of flight and which the certificate was issued; or ground personnel in operating under (2) Carrying persons or property for this section; and compensation or hire. (2) Operating in and out of airports (b) No person may operate an aircraft where takeoffs or approaches over pop- that has an experimental certificate ulated areas are necessary. No person outside of an area assigned by the Ad- may operate that aircraft except in ministrator until it is shown that— compliance with the approved proce- (1) The aircraft is controllable dures. throughout its normal range of speeds (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

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in a congested airway, in accordance (h) The FAA may issue deviation au- with terms and conditions specified in thority providing relief from the provi- the authorization in the interest of sions of paragraph (a) of this section safety in air commerce. for the purpose of conducting flight (d) Each person operating an aircraft training. The FAA will issue this devi- that has an experimental certificate ation authority as a letter of deviation shall— authority. (1) Advise each person carried of the (1) The FAA may cancel or amend a experimental nature of the aircraft; letter of deviation authority at any (2) Operate under VFR, day only, un- time. less otherwise specifically authorized (2) An applicant must submit a re- by the Administrator; and quest for deviation authority to the FAA at least 60 days before the date of (3) Notify the control tower of the ex- intended operations. A request for devi- perimental nature of the aircraft when ation authority must contain a com- operating the aircraft into or out of plete description of the proposed oper- airports with operating control towers. ation and justification that establishes (e) No person may operate an aircraft a level of safety equivalent to that pro- that is issued an experimental certifi- vided under the regulations for the de- cate under § 21.191(i) of this chapter for viation requested. compensation or hire, except a person (i) The Administrator may prescribe may operate an aircraft issued an ex- additional limitations that the Admin- perimental certificate under istrator considers necessary, including § 21.191(i)(1) for compensation or hire limitations on the persons that may be to— carried in the aircraft. (1) Tow a glider that is a light-sport (j) No person may operate an aircraft aircraft or unpowered ultralight vehi- that has an experimental certificate cle in accordance with § 91.309; or under § 61.113(i) of this chapter unless (2) Conduct flight training in an air- the aircraft is carrying not more than craft which that person provides prior 6 occupants. to January 31, 2010. (Approved by the Office of Management and (f) No person may lease an aircraft Budget under control number 2120–0005) that is issued an experimental certificate under § 21.191(i) of this chapter, ex- [Doc. No. 18334, 54 FR 34308, Aug. 18, 1989, as cept in accordance with paragraph amended by Amdt. 91–282, 69 FR 44881, July 27, 2004; Docket FAA–2016–9157, Amdt. 91–347, (e)(1) of this section. 82 FR 3167, Jan. 11, 2017] (g) No person may operate an aircraft issued an experimental certificate § 91.321 Carriage of candidates in elec- under § 21.191(i)(1) of this chapter to tions. tow a glider that is a light-sport air- (a) As an aircraft operator, you may craft or unpowered ultralight vehicle receive payment for carrying a can- for compensation or hire or to conduct didate, agent of a candidate, or person flight training for compensation or traveling on behalf of a candidate, run- hire in an aircraft which that persons ning for Federal, State, or local elec- provides unless within the preceding tion, without having to comply with 100 hours of time in service the aircraft the rules in parts 121, 125 or 135 of this has— chapter, under the following condi- (1) Been inspected by a certificated tions: repairman (light-sport aircraft) with a (1) Your primary business is not as an maintenance rating, an appropriately air carrier or commercial operator; rated mechanic, or an appropriately (2) You carry the candidate, agent, or rated repair station in accordance with person traveling on behalf of a can- inspection procedures developed by the didate, under the rules of part 91; and aircraft manufacturer or a person ac- (3) By Federal, state or local law, you ceptable to the FAA; or are required to receive payment for (2) Received an inspection for the carrying the candidate, agent, or per- issuance of an airworthiness certificate son traveling on behalf of a candidate. in accordance with part 21 of this chap- For federal elections, the payment may ter. not exceed the amount required by the

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Federal Election Commission. For a ments under which it was type certifi- state or local election, the payment cated. may not exceed the amount required (c) In determining the maximum cer- under the applicable state or local law. tificated weight, the Administrator (b) For the purposes of this section, considers the structural soundness of for Federal elections, the terms can- the airplane and the terrain to be tra- didate and election have the same mean- versed. ing as set forth in the regulations of (d) The maximum certificated weight the Federal Election Commission. For determined under this section is added State or local elections, the terms can- to the airplane’s operation limitations didate and election have the same mean- and is identified as the maximum ing as provided by the applicable State weight authorized for operations with- or local law and those terms relate to in the State of Alaska. candidates for election to public office [Doc. No. 18334, 54 FR 34308, Aug. 18, 1989; in State and local government elec- Amdt. 91–211, 54 FR 41211, Oct. 5, 1989, as tions. amended by Amdt. 91–253, 62 FR 13253, Mar. 19, 1997; Docket FAA–2015–1621, Amdt. 91–346, [Doc. No. FAA–2005–20168, 70 FR 4982, Jan. 31, 81 FR 96700, Dec. 30, 2016] 2005] § 91.325 Primary category aircraft: Op- § 91.323 Increased maximum certifi- erating limitations. cated weights for certain airplanes operated in Alaska. (a) No person may operate a primary category aircraft carrying persons or (a) Notwithstanding any other provi- property for compensation or hire. sion of the Federal Aviation Regula- (b) No person may operate a primary tions, the Administrator will approve, category aircraft that is maintained by as provided in this section, an increase the pilot-owner under an approved spe- in the maximum certificated weight of cial inspection and maintenance pro- an airplane type certificated under gram except— Aeronautics Bulletin No. 7–A of the (1) The pilot-owner; or U.S. Department of Commerce dated (2) A designee of the pilot-owner, pro- January 1, 1931, as amended, or under vided that the pilot-owner does not re- the normal category of part 4a of the ceive compensation for the use of the former Civil Air Regulations (14 CFR aircraft. part 4a, 1964 ed.) if that airplane is operated in the State of Alaska by— [Doc. No. 23345, 57 FR 41370, Sept. 9, 1992] (1) A certificate holder conducting § 91.327 Aircraft having a special air- operations under part 121 or part 135 of worthiness certificate in the light- this chapter; or sport category: Operating limita- (2) The U.S. Department of Interior tions. in conducting its game and fish law en- (a) No person may operate an aircraft forcement activities or its manage- that has a special airworthiness certifi- ment, fire detection, and fire suppres- cate in the light-sport category for sion activities concerning public lands. compensation or hire except— (b) The maximum certificated weight (1) To tow a glider or an unpowered approved under this section may not ultralight vehicle in accordance with exceed— § 91.309 of this chapter; or (1) 12,500 pounds; (2) To conduct flight training. (2) 115 percent of the maximum (b) No person may operate an aircraft weight listed in the FAA aircraft speci- that has a special airworthiness certifi- fications; cate in the light-sport category un- (3) The weight at which the airplane less— meets the positive maneuvering load (1) The aircraft is maintained by a factor n, where n=2.1+(24,000/(W+10,000)) certificated repairman with a light- and W=design maximum takeoff sport aircraft maintenance rating, an weight, except that n need not be more appropriately rated mechanic, or an than 3.8; or appropriately rated repair station in (4) The weight at which the airplane accordance with the applicable provi- meets the climb performance require- sions of part 43 of this chapter and

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maintenance and inspection procedures 100 hours of time in service the aircraft developed by the aircraft manufacturer has— or a person acceptable to the FAA; (1) Been inspected by a certificated (2) A condition inspection is per- repairman with a light-sport aircraft formed once every 12 calendar months maintenance rating, an appropriately by a certificated repairman (light-sport rated mechanic, or an appropriately aircraft) with a maintenance rating, an rated repair station in accordance with appropriately rated mechanic, or an inspection procedures developed by the appropriately rated repair station in aircraft manufacturer or a person ac- accordance with inspection procedures ceptable to the FAA and been approved developed by the aircraft manufacturer for return to service in accordance or a person acceptable to the FAA; with part 43 of this chapter; or (3) The owner or operator complies (2) Received an inspection for the with all applicable airworthiness direc- issuance of an airworthiness certificate tives; in accordance with part 21 of this chap- (4) The owner or operator complies ter. with each safety directive applicable to (d) Each person operating an aircraft the aircraft that corrects an existing issued a special airworthiness certifi- unsafe condition. In lieu of complying cate in the light-sport category must with a safety directive an owner or op- operate the aircraft in accordance with erator may— the aircraft’s operating instructions, (i) Correct the unsafe condition in a including any provisions for necessary manner different from that specified in operating equipment specified in the the safety directive provided the per- aircraft’s equipment list. son issuing the directive concurs with (e) Each person operating an aircraft the action; or issued a special airworthiness certifi- (ii) Obtain an FAA waiver from the cate in the light-sport category must provisions of the safety directive based advise each person carried of the spe- on a conclusion that the safety direc- cial nature of the aircraft and that the tive was issued without adhering to the aircraft does not meet the airworthi- applicable consensus standard; ness requirements for an aircraft (5) Each alteration accomplished issued a standard airworthiness certifi- after the aircraft’s date of manufacture cate. meets the applicable and current con- (f) The FAA may prescribe additional sensus standard and has been author- limitations that it considers necessary. ized by either the manufacturer or a person acceptable to the FAA; [Doc. No. FAA–2001–11133, 69 FR 44881, July 27, 2004] (6) Each major alteration to an aircraft product produced under a con- §§ 91.328–91.399 [Reserved] sensus standard is authorized, performed and inspected in accordance with maintenance and inspection pro- Subpart E—Maintenance, Preven- cedures developed by the manufacturer tive Maintenance, and Alter- or a person acceptable to the FAA; and ations (7) The owner or operator complies with the requirements for the record- SOURCE: Docket No. 18334, 54 FR 34311, Aug. ing of major repairs and major alter- 18, 1989, unless otherwise noted. ations performed on type-certificated products in accordance with § 43.9(d) of § 91.401 Applicability. this chapter, and with the retention re- (a) This subpart prescribes rules gov- quirements in § 91.417. erning the maintenance, preventive (c) No person may operate an aircraft maintenance, and alterations of U.S.- issued a special airworthiness certifi- registered civil aircraft operating with- cate in the light-sport category to tow in or outside of the United States. a glider or unpowered ultralight vehi- (b) Sections 91.405, 91.409, 91.411, cle for compensation or hire or conduct 91.417, and 91.419 of this subpart do not flight training for compensation or apply to an aircraft maintained in ac- hire in an aircraft which that persons cordance with a continuous airworthi- provides unless within the preceding ness maintenance program as provided

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in part 121, 129, or §§ 91.1411 or paired as prescribed in part 43 of this 135.411(a)(2) of this chapter. chapter; (c) Sections 91.405 and 91.409 of this (b) Shall ensure that maintenance part do not apply to an airplane in- personnel make appropriate entries in spected in accordance with part 125 of the aircraft maintenance records indi- this chapter. cating the aircraft has been approved [Doc. No. 18334, 54 FR 34311, Aug. 18, 1989, as for return to service; amended by Amdt. 91–267, 66 FR 21066, Apr. (c) Shall have any inoperative instru- 27, 2001; Amdt. 91–280, 68 FR 54560, Sept. 17, ment or item of equipment, permitted 2003] to be inoperative by § 91.213(d)(2) of this part, repaired, replaced, removed, or § 91.403 General. inspected at the next required inspec- (a) The owner or operator of an air- tion; and craft is primarily responsible for main- (d) When listed discrepancies include taining that aircraft in an airworthy inoperative instruments or equipment, condition, including compliance with shall ensure that a placard has been in- part 39 of this chapter. stalled as required by § 43.11 of this (b) No person may perform mainte- chapter. nance, preventive maintenance, or alterations on an aircraft other than as § 91.407 Operation after maintenance, prescribed in this subpart and other ap- preventive maintenance, rebuild- plicable regulations, including part 43 ing, or alteration. of this chapter. (a) No person may operate any air- (c) No person may operate an aircraft craft that has undergone maintenance, for which a manufacturer’s mainte- preventive maintenance, rebuilding, or nance manual or instructions for con- alteration unless— tinued airworthiness has been issued (1) It has been approved for return to that contains an airworthiness limita- service by a person authorized under tions section unless the mandatory re- § 43.7 of this chapter; and placement times, inspection intervals, (2) The maintenance record entry re- and related procedures specified in that quired by § 43.9 or § 43.11, as applicable, section or alternative inspection inter- of this chapter has been made. vals and related procedures set forth in (b) No person may carry any person an operations specification approved by the Administrator under part 121 or (other than crewmembers) in an air- 135 of this chapter or in accordance craft that has been maintained, re- with an inspection program approved built, or altered in a manner that may under § 91.409(e) have been complied have appreciably changed its flight with. characteristics or substantially af- (d) A person must not alter an air- fected its operation in flight until an craft based on a supplemental type cer- appropriately rated pilot with at least tificate unless the owner or operator of a private pilot certificate flies the air- the aircraft is the holder of the supple- craft, makes an operational check of mental type certificate, or has written the maintenance performed or alter- permission from the holder. ation made, and logs the flight in the aircraft records. [Doc. No. 18334, 54 FR 34311, Aug. 18, 1989, as (c) The aircraft does not have to be amended by Amdt. 91–267, 66 FR 21066, Apr. 27, 2001; Amdt. 91–293, 71 FR 56005, Sept. 26, flown as required by paragraph (b) of 2006] this section if, prior to flight, ground tests, inspection, or both show conclu- § 91.405 Maintenance required. sively that the maintenance, preven- Each owner or operator of an air- tive maintenance, rebuilding, or alter- craft— ation has not appreciably changed the flight characteristics or substantially (a) Shall have that aircraft inspected affected the flight operation of the air- as prescribed in subpart E of this part and shall between required inspections, craft. except as provided in paragraph (c) of (Approved by the Office of Management and this section, have discrepancies re- Budget under control number 2120–0005)

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§ 91.409 Inspections. (3) An aircraft subject to the requirements of paragraph (d) or (e) of this (a) Except as provided in paragraph section; or (c) of this section, no person may oper- (4) Turbine-powered rotorcraft when ate an aircraft unless, within the pre- the operator elects to inspect that ceding 12 calendar months, it has had— rotorcraft in accordance with para- (1) An annual inspection in accord- graph (e) of this section. ance with part 43 of this chapter and (d) Progressive inspection. Each reg- has been approved for return to service istered owner or operator of an aircraft by a person authorized by § 43.7 of this desiring to use a progressive inspection chapter; or program must submit a written request (2) An inspection for the issuance of to the responsible Flight Standards of- an airworthiness certificate in accord- fice, and shall provide— ance with part 21 of this chapter. (1) A certificated mechanic holding an inspection authorization, a certifi- No inspection performed under para- cated airframe repair station, or the graph (b) of this section may be sub- manufacturer of the aircraft to super- stituted for any inspection required by vise or conduct the progressive inspec- this paragraph unless it is performed tion; by a person authorized to perform an- (2) A current inspection procedures nual inspections and is entered as an manual available and readily under- ‘‘annual’’ inspection in the required standable to pilot and maintenance maintenance records. personnel containing, in detail— (b) Except as provided in paragraph (i) An explanation of the progressive (c) of this section, no person may oper- inspection, including the continuity of ate an aircraft carrying any person inspection responsibility, the making (other than a crewmember) for hire, of reports, and the keeping of records and no person may give flight instruc- and technical reference material; tion for hire in an aircraft which that (ii) An inspection schedule, speci- person provides, unless within the pre- fying the intervals in hours or days ceding 100 hours of time in service the when routine and detailed inspections aircraft has received an annual or 100- will be performed and including in- hour inspection and been approved for structions for exceeding an inspection return to service in accordance with interval by not more than 10 hours part 43 of this chapter or has received while en route and for changing an in- an inspection for the issuance of an air- spection interval because of service ex- worthiness certificate in accordance perience; with part 21 of this chapter. The 100- (iii) Sample routine and detailed in- hour limitation may be exceeded by spection forms and instructions for not more than 10 hours while en route their use; and to reach a place where the inspection (iv) Sample reports and records and can be done. The excess time used to instructions for their use; reach a place where the inspection can (3) Enough housing and equipment be done must be included in computing for necessary disassembly and proper the next 100 hours of time in service. inspection of the aircraft; and (c) Paragraphs (a) and (b) of this sec- (4) Appropriate current technical in- tion do not apply to— formation for the aircraft. (1) An aircraft that carries a special The frequency and detail of the pro- flight permit, a current experimental gressive inspection shall provide for certificate, or a light-sport or provi- the complete inspection of the aircraft sional airworthiness certificate; within each 12 calendar months and be (2) An aircraft inspected in accord- consistent with the manufacturer’s ance with an approved aircraft inspec- recommendations, field service experi- tion program under part 125 or 135 of ence, and the kind of operation in this chapter and so identified by the which the aircraft is engaged. The pro- registration number in the operations gressive inspection schedule must en- specifications of the certificate holder sure that the aircraft, at all times, will having the approved inspection pro- be airworthy and will conform to all gram; applicable FAA aircraft specifications,

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type certificate data sheets, airworthi- (1) A continuous airworthiness in- ness directives, and other approved spection program that is part of a con- data. If the progressive inspection is tinuous airworthiness maintenance discontinued, the owner or operator program currently in use by a person shall immediately notify the respon- holding an air carrier operating certifi- sible Flight Standards office, in writ- cate or an operating certificate issued ing, of the discontinuance. After the under part 121 or 135 of this chapter and discontinuance, the first annual inspec- operating that make and model air- tion under § 91.409(a)(1) is due within 12 craft under part 121 of this chapter or calendar months after the last com- operating that make and model under plete inspection of the aircraft under part 135 of this chapter and maintain- the progressive inspection. The 100- ing it under § 135.411(a)(2) of this chap- hour inspection under § 91.409(b) is due ter. within 100 hours after that complete (2) An approved aircraft inspection inspection. A complete inspection of program approved under § 135.419 of this the aircraft, for the purpose of deter- chapter and currently in use by a per- mining when the annual and 100-hour son holding an operating certificate inspections are due, requires a detailed issued under part 135 of this chapter. inspection of the aircraft and all its (3) A current inspection program rec- components in accordance with the ommended by the manufacturer. progressive inspection. A routine in- (4) Any other inspection program es- spection of the aircraft and a detailed tablished by the registered owner or inspection of several components is not operator of that airplane or turbine- considered to be a complete inspection. powered rotorcraft and approved by the (e) Large airplanes (to which part 125 is Administrator under paragraph (g) of not applicable), turbojet multiengine air- this section. However, the Adminis- planes, turbopropeller-powered multien- trator may require revision of this in- gine airplanes, and turbine-powered spection program in accordance with rotorcraft. No person may operate a the provisions of § 91.415. large airplane, turbojet multiengine Each operator shall include in the se- airplane, turbopropeller-powered mul- lected program the name and address tiengine airplane, or turbine-powered of the person responsible for scheduling rotorcraft unless the replacement the inspections required by the pro- times for life-limited parts specified in gram and make a copy of that program the aircraft specifications, type data available to the person performing in- sheets, or other documents approved by spections on the aircraft and, upon re- the Administrator are complied with quest, to the Administrator. and the airplane or turbine-powered (g) Inspection program approved under rotorcraft, including the airframe, en- paragraph (e) of this section. Each oper- gines, propellers, rotors, appliances, ator of an airplane or turbine-powered survival equipment, and emergency rotorcraft desiring to establish or equipment, is inspected in accordance change an approved inspection program with an inspection program selected under paragraph (f)(4) of this section under the provisions of paragraph (f) of must submit the program for approval this section, except that, the owner or to the responsible Flight Standards of- operator of a turbine-powered rotor- fice. The program must be in writing craft may elect to use the inspection and include at least the following in- provisions of § 91.409(a), (b), (c), or (d) in formation: lieu of an inspection option of (1) Instructions and procedures for § 91.409(f). the conduct of inspections for the par- (f) Selection of inspection program ticular make and model airplane or under paragraph (e) of this section. The turbine-powered rotorcraft, including registered owner or operator of each necessary tests and checks. The in- airplane or turbine-powered rotorcraft structions and procedures must set described in paragraph (e) of this sec- forth in detail the parts and areas of tion must select, identify in the air- the airframe, engines, propellers, ro- craft maintenance records, and use one tors, and appliances, including survival of the following programs for the in- and emergency equipment required to spection of the aircraft: be inspected.

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(2) A schedule for performing the in- (1) The manufacturer of the airplane, spections that must be performed or helicopter, on which the tests and under the program expressed in terms inspections are to be performed; of the time in service, calendar time, (2) A certificated repair station prop- number of system operations, or any erly equipped to perform those func- combination of these. tions and holding— (h) Changes from one inspection pro- (i) An instrument rating, Class I; gram to another. When an operator (ii) A limited instrument rating ap- changes from one inspection program propriate to the make and model of ap- under paragraph (f) of this section to pliance to be tested; another, the time in service, calendar (iii) A limited rating appropriate to times, or cycles of operation accumu- the test to be performed; lated under the previous program must (iv) An airframe rating appropriate be applied in determining inspection to the airplane, or helicopter, to be due times under the new program. tested; or (3) A certificated mechanic with an (Approved by the Office of Management and Budget under control number 2120–0005) airframe rating (static pressure system tests and inspections only). [Doc. No. 18334, 54 FR 34311, Aug. 18, 1989; (c) Altimeter and altitude reporting Amdt. 91–211, 54 FR 41211, Oct. 5, 1989; Amdt. equipment approved under Technical 91–267, 66 FR 21066, Apr. 27, 2001; Amdt. 91–282, 69 FR 44882, July 27, 2004; Docket FAA–2018– Standard Orders are considered to be 0119, Amdt. 91–350, 83 FR 9171, Mar. 5, 2018] tested and inspected as of the date of their manufacture. § 91.410 [Reserved] (d) No person may operate an airplane, or helicopter, in controlled air- § 91.411 Altimeter system and altitude space under IFR at an altitude above reporting equipment tests and in- the maximum altitude at which all al- spections. timeters and the automatic altitude re- (a) No person may operate an air- porting system of that airplane, or hel- plane, or helicopter, in controlled air- icopter, have been tested. space under IFR unless— [Doc. No. 18334, 54 FR 34308, Aug. 18, 1989, as (1) Within the preceding 24 calendar amended by Amdt. 91–269, 66 FR 41116, Aug. 6, months, each static pressure system, 2001; 72 FR 7739, Feb. 20, 2007] each altimeter instrument, and each automatic pressure altitude reporting § 91.413 ATC transponder tests and in- system has been tested and inspected spections. and found to comply with appendices E (a) No persons may use an ATC trans- and F of part 43 of this chapter; ponder that is specified in 91.215(a), (2) Except for the use of system drain 121.345(c), or § 135.143(c) of this chapter and alternate static pressure valves, unless, within the preceding 24 cal- following any opening and closing of endar months, the ATC transponder the static pressure system, that system has been tested and inspected and has been tested and inspected and found to comply with appendix F of found to comply with paragraph (a), part 43 of this chapter; and appendix E, of part 43 of this chapter; (b) Following any installation or and maintenance on an ATC transponder (3) Following installation or mainte- where data correspondence error could nance on the automatic pressure alti- be introduced, the integrated system tude reporting system of the ATC has been tested, inspected, and found transponder where data correspondence to comply with paragraph (c), appendix error could be introduced, the inte- E, of part 43 of this chapter. grated system has been tested, in- (c) The tests and inspections speci- spected, and found to comply with fied in this section must be conducted paragraph (c), appendix E, of part 43 of by— this chapter. (1) A certificated repair station prop- (b) The tests required by paragraph erly equipped to perform those func- (a) of this section must be conducted tions and holding— by— (i) A radio rating, Class III;

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(ii) A limited radio rating appro- and records of the 100-hour, annual, priate to the make and model trans- progressive, and other required or ap- ponder to be tested; proved inspections, as appropriate, for (iii) A limited rating appropriate to each aircraft (including the airframe) the test to be performed; and each engine, propeller, rotor, and (2) A holder of a continuous air- appliance of an aircraft. The records worthiness maintenance program as must include— provided in part 121 or § 135.411(a)(2) of (i) A description (or reference to data this chapter; or acceptable to the Administrator) of the (3) The manufacturer of the aircraft work performed; and on which the transponder to be tested (ii) The date of completion of the is installed, if the transponder was in- work performed; and stalled by that manufacturer. (iii) The signature, and certificate [Doc. No. 18334, 54 FR 34311, Aug. 18, 1989, as number of the person approving the amended by Amdt. 91–267, 66 FR 21066, Apr. aircraft for return to service. 27, 2001; Amdt. 91–269, 66 FR 41116, Aug. 6, (2) Records containing the following 2001] information: § 91.415 Changes to aircraft inspection (i) The total time in service of the programs. airframe, each engine, each propeller, and each rotor. (a) Whenever the Administrator finds (ii) The current status of life-limited that revisions to an approved aircraft parts of each airframe, engine, pro- inspection program under § 91.409(f)(4) peller, rotor, and appliance. or § 91.1109 are necessary for the continued adequacy of the program, the (iii) The time since last overhaul of owner or operator must, after notifica- all items installed on the aircraft tion by the Administrator, make any which are required to be overhauled on changes in the program found to be a specified time basis. necessary by the Administrator. (iv) The current inspection status of (b) The owner or operator may peti- the aircraft, including the time since tion the Administrator to reconsider the last inspection required by the in- the notice to make any changes in a spection program under which the air- program in accordance with paragraph craft and its appliances are main- (a) of this section. tained. (c) The petition must be filed with (v) The current status of applicable the Executive Director, Flight Stand- airworthiness directives (AD) and safe- ards Service within 30 days after the ty directives including, for each, the certificate holder or fractional owner- method of compliance, the AD or safe- ship program manager receives the no- ty directive number and revision date. tice. If the AD or safety directive involves (d) Except in the case of an emer- recurring action, the time and date gency requiring immediate action in when the next action is required. the interest of safety, the filing of the (vi) Copies of the forms prescribed by petition stays the notice pending a de- § 43.9(d) of this chapter for each major cision by the Administrator. alteration to the airframe and currently installed engines, rotors, propel- [Doc. No. 18334, 54 FR 34311, Aug. 18, 1989, as amended by Amdt. 91–280, 68 FR 54560, Sept. lers, and appliances. 17, 2003; Docket FAA–2018–0119, Amdt. 91–350, (b) The owner or operator shall re- 83 FR 9171, Mar. 5, 2018] tain the following records for the periods prescribed: § 91.417 Maintenance records. (1) The records specified in paragraph (a) Except for work performed in ac- (a)(1) of this section shall be retained cordance with §§ 91.411 and 91.413, each until the work is repeated or super- registered owner or operator shall keep seded by other work or for 1 year after the following records for the periods the work is performed. specified in paragraph (b) of this sec- (2) The records specified in paragraph tion: (a)(2) of this section shall be retained (1) Records of the maintenance, pre- and transferred with the aircraft at the ventive maintenance, and alteration time the aircraft is sold.

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(3) A list of defects furnished to a § 91.421 Rebuilt engine maintenance registered owner or operator under records. § 43.11 of this chapter shall be retained (a) The owner or operator may use a until the defects are repaired and the new maintenance record, without pre- aircraft is approved for return to serv- vious operating history, for an aircraft ice. engine rebuilt by the manufacturer or (c) The owner or operator shall make by an agency approved by the manufac- all maintenance records required to be turer. kept by this section available for in- (b) Each manufacturer or agency spection by the Administrator or any that grants zero time to an engine re- authorized representative of the Na- built by it shall enter in the new tional Transportation Safety Board record— (NTSB). In addition, the owner or oper- (1) A signed statement of the date the ator shall present Form 337 described engine was rebuilt; in paragraph (d) of this section for in- (2) Each change made as required by spection upon request of any law en- airworthiness directives; and forcement officer. (3) Each change made in compliance with manufacturer’s service bulletins, (d) When a fuel tank is installed if the entry is specifically requested in within the passenger compartment or a that bulletin. baggage compartment pursuant to part (c) For the purposes of this section, a 43 of this chapter, a copy of FAA Form rebuilt engine is a used engine that has 337 shall be kept on board the modified been completely disassembled, in- aircraft by the owner or operator. spected, repaired as necessary, reas- (Approved by the Office of Management and sembled, tested, and approved in the Budget under control number 2120–0005) same manner and to the same tolerances and limits as a new engine with [Doc. No. 18334, 54 FR 34311, Aug. 18, 1989, as either new or used parts. However, all amended by Amdt. 91–311, 75 FR 5223, Feb. 1, parts used in it must conform to the 2010; Amdt. 91–323, 76 FR 39260, July 6, 2011] production drawing tolerances and lim- § 91.419 Transfer of maintenance its for new parts or be of approved records. oversized or undersized dimensions for a new engine. Any owner or operator who sells a U.S.-registered aircraft shall transfer §§ 91.423–91.499 [Reserved] to the purchaser, at the time of sale, the following records of that aircraft, Subpart F—Large and Turbine- in plain language form or in coded form Powered Multiengine Air- at the election of the purchaser, if the planes and Fractional Owner- coded form provides for the preserva- ship Program Aircraft tion and retrieval of information in a manner acceptable to the Adminis- trator: SOURCE: Docket No. 18334, 54 FR 34314, Aug. 18, 1989, unless otherwise noted. (a) The records specified in § 91.417(a)(2). § 91.501 Applicability. (b) The records specified in (a) This subpart prescribes operating § 91.417(a)(1) which are not included in rules, in addition to those prescribed in the records covered by paragraph (a) of other subparts of this part, governing this section, except that the purchaser the operation of large airplanes of U.S. may permit the seller to keep physical registry, turbojet-powered multiengine custody of such records. However, cus- civil airplanes of U.S. registry, and tody of records by the seller does not fractional ownership program aircraft relieve the purchaser of the responsi- of U.S. registry that are operating bility under § 91.417(c) to make the under subpart K of this part in oper- records available for inspection by the ations not involving common carriage. Administrator or any authorized rep- The operating rules in this subpart do resentative of the National Transpor- not apply to those aircraft when they tation Safety Board (NTSB). are required to be operated under parts

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121, 125, 129, 135, and 137 of this chapter. the carriage other than those specified (Section 91.409 prescribes an inspection in paragraph (d) of this section; program for large and for turbine-pow- (8) The carriage on an airplane of an ered (turbojet and turboprop) multien- athletic team, sports group, choral gine airplanes and turbine-powered group, or similar group having a com- rotorcraft of U.S. registry when they mon purpose or objective when there is are operated under this part or part 129 no charge, assessment, or fee of any or 137.) kind made by any person for that car- (b) Operations that may be conducted riage; and under the rules in this subpart instead (9) The carriage of persons on an air- of those in parts 121, 129, 135, and 137 of plane operated by a person in the fur- this chapter when common carriage is therance of a business other than not involved, include— transportation by air for the purpose of (1) Ferry or training flights; selling them land, goods, or property, (2) Aerial work operations such as including franchises or distributor- aerial photography or survey, or pipe- ships, when the carriage is within the line patrol, but not including fire fight- scope of, and incidental to, that busi- ing operations; ness and no charge, assessment, or fee (3) Flights for the demonstration of is made for that carriage. an airplane to prospective customers (10) Any operation identified in para- when no charge is made except for graphs (b)(1) through (b)(9) of this sec- those specified in paragraph (d) of this tion when conducted— section; (i) By a fractional ownership program (4) Flights conducted by the operator manager, or of an airplane for his personal trans- (ii) By a fractional owner in a frac- portation, or the transportation of his tional ownership program aircraft op- guests when no charge, assessment, or erated under subpart K of this part, ex- fee is made for the transportation; cept that a flight under a joint owner- (5) Carriage of officials, employees, ship arrangement under paragraph guests, and property of a company on (b)(6) of this section may not be con- an airplane operated by that company, ducted. For a flight under an inter- or the parent or a subsidiary of the change agreement under paragraph company or a subsidiary of the parent, (b)(6) of this section, the exchange of when the carriage is within the scope equal time for the operation must be of, and incidental to, the business of properly accounted for as part of the the company (other than transpor- total hours associated with the frac- tation by air) and no charge, assess- tional owner’s share of ownership. ment or fee is made for the carriage in (c) As used in this section— excess of the cost of owning, operating, (1) A time sharing agreement means an and maintaining the airplane, except arrangement whereby a person leases that no charge of any kind may be his airplane with flight crew to another made for the carriage of a guest of a person, and no charge is made for the company, when the carriage is not flights conducted under that arrange- within the scope of, and incidental to, ment other than those specified in the business of that company; paragraph (d) of this section; (6) The carriage of company officials, (2) An interchange agreement means an employees, and guests of the company arrangement whereby a person leases on an airplane operated under a time his airplane to another person in ex- sharing, interchange, or joint owner- change for equal time, when needed, on ship agreement as defined in paragraph the other person’s airplane, and no (c) of this section; charge, assessment, or fee is made, ex- (7) The carriage of property (other cept that a charge may be made not to than mail) on an airplane operated by exceed the difference between the cost a person in the furtherance of a busi- of owning, operating, and maintaining ness or employment (other than trans- the two airplanes; portation by air) when the carriage is (3) A joint ownership agreement means within the scope of, and incidental to, an arrangement whereby one of the that business or employment and no registered joint owners of an airplane charge, assessment, or fee is made for employs and furnishes the flight crew

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for that airplane and each of the reg- (1) Before starting engines. istered joint owners pays a share of the (2) Before takeoff. charge specified in the agreement. (3) Cruise. (d) The following may be charged, as (4) Before landing. expenses of a specific flight, for trans- (5) After landing. portation as authorized by paragraphs (6) Stopping engines. (b) (3) and (7) and (c)(1) of this section: (7) Emergencies. (1) Fuel, oil, lubricants, and other ad- (c) Each emergency cockpit checklist ditives. procedure required by paragraph (b)(7) (2) Travel expenses of the crew, in- of this section must contain the fol- cluding food, lodging, and ground lowing procedures, as appropriate: transportation. (1) Emergency operation of fuel, hy- (3) Hangar and tie-down costs away draulic, electrical, and mechanical sys- from the aircraft’s base of operation. tems. (4) Insurance obtained for the specific (2) Emergency operation of instru- flight. ments and controls. (5) Landing fees, airport taxes, and (3) Engine inoperative procedures. similar assessments. (4) Any other procedures necessary (6) Customs, foreign permit, and for safety. similar fees directly related to the (d) The equipment, charts, and data flight. prescribed in this section shall be used (7) In flight food and beverages. by the pilot in command and other (8) Passenger ground transportation. members of the flight crew, when perti- (9) Flight planning and weather con- nent. tract services. (10) An additional charge equal to 100 § 91.505 Familiarity with operating percent of the expenses listed in para- limitations and emergency equip- graph (d)(1) of this section. ment. [Doc. No. 18334, 54 FR 34314, Aug. 18, 1989, as (a) Each pilot in command of an air- amended by Amdt. 91–280, 68 FR 54560, Sept. plane shall, before beginning a flight, 17, 2003] become familiar with the Airplane Flight Manual for that airplane, if one § 91.503 Flying equipment and oper- is required, and with any placards, list- ating information. ings, instrument markings, or any (a) The pilot in command of an air- combination thereof, containing each plane shall ensure that the following operating limitation prescribed for flying equipment and aeronautical that airplane by the Administrator, in- charts and data, in current and appro- cluding those specified in § 91.9(b). priate form, are accessible for each (b) Each required member of the crew flight at the pilot station of the air- shall, before beginning a flight, become plane: familiar with the emergency equip- (1) A flashlight having at least two ment installed on the airplane to which size ‘‘D’’ cells, or the equivalent, that that crewmember is assigned and with is in good working order. the procedures to be followed for the (2) A cockpit checklist containing use of that equipment in an emergency the procedures required by paragraph situation. (b) of this section. (3) Pertinent aeronautical charts. § 91.507 Equipment requirements: (4) For IFR, VFR over-the-top, or Over-the-top or night VFR oper- night operations, each pertinent navi- ations. gational en route, terminal area, and No person may operate an airplane approach and letdown chart. over-the-top or at night under VFR un- (5) In the case of multiengine air- less that airplane is equipped with the planes, one-engine inoperative climb instruments and equipment required performance data. for IFR operations under § 91.205(d) and (b) Each cockpit checklist must con- one electric landing light for night op- tain the following procedures and shall erations. Each required instrument and be used by the flight crewmembers item of equipment must be in operable when operating the airplane: condition.

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§ 91.509 Survival equipment for areas that are intermittently under overwater operations. water. (a) No person may take off an air- [Doc. No. 18334, 54 FR 34314, Aug. 18, 1989, as plane for a flight over water more than amended by Amdt. 91–280, 68 FR 54561, Sept. 50 nautical miles from the nearest 17, 2003] shore unless that airplane is equipped with a life preserver or an approved flo- § 91.511 Communication and naviga- tation means for each occupant of the tion equipment for overwater oper- airplane. ations. (b) Except as provided in paragraph (a) Except as provided in paragraphs (c) of this section, no person may take (c), (d), and (f) of this section, no per- off an airplane for flight over water son may take off an airplane for a more than 30 minutes flying time or 100 flight over water more than 30 minutes nautical miles from the nearest shore, flying time or 100 nautical miles from whichever is less, unless it has on the nearest shore unless it has at least board the following survival equip- the following operable equipment: ment: (1) Radio communication equipment (1) A life preserver, equipped with an appropriate to the facilities to be used approved survivor locator light, for and able to transmit to, and receive each occupant of the airplane. from, at least one communication fa- (2) Enough liferafts (each equipped cility from any place along the route: with an approved survival locator (i) Two transmitters. light) of a rated capacity and buoyancy (ii) Two microphones. to accommodate the occupants of the (iii) Two headsets or one headset and airplane. (3) At least one pyrotechnic signaling one speaker. device for each liferaft. (iv) Two independent receivers. (4) One self-buoyant, water-resistant, (2) Appropriate electronic naviga- portable emergency radio signaling de- tional equipment consisting of at least vice that is capable of transmission on two independent electronic navigation the appropriate emergency frequency units capable of providing the pilot or frequencies and not dependent upon with the information necessary to the airplane power supply. navigate the airplane within the air- (5) A lifeline stored in accordance space assigned by air traffic control. with § 25.1411(g) of this chapter. However, a receiver that can receive (c) A fractional ownership program both communications and required manager under subpart K of this part navigational signals may be used in may apply for a deviation from para- place of a separate communications re- graphs (b)(2) through (5) of this section ceiver and a separate navigational sig- for a particular over water operation or nal receiver or unit. the Administrator may amend the (b) For the purposes of paragraphs management specifications to require (a)(1)(iv) and (a)(2) of this section, a re- the carriage of all or any specific items ceiver or electronic navigation unit is of the equipment listed in paragraphs independent if the function of any part (b)(2) through (5) of this section. of it does not depend on the func- (d) The required life rafts, life pre- tioning of any part of another receiver servers, and signaling devices must be or electronic navigation unit. installed in conspicuously marked lo- (c) Notwithstanding the provisions of cations and easily accessible in the paragraph (a) of this section, a person event of a ditching without appreciable may operate an airplane on which no time for preparatory procedures. passengers are carried from a place (e) A survival kit, appropriately where repairs or replacement cannot be equipped for the route to be flown, made to a place where they can be must be attached to each required life made, if not more than one of each of raft. the dual items of radio communication (f) As used in this section, the term and navigational equipment specified shore means that area of the land adja- in paragraphs (a)(1) (i) through (iv) and cent to the water that is above the (a)(2) of this section malfunctions or high water mark and excludes land becomes inoperative.

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(d) Notwithstanding the provisions of cargo compartments in accordance paragraph (a) of this section, when with the following: both VHF and HF communications (1) The type and quantity of extin- equipment are required for the route guishing agent must be suitable for the and the airplane has two VHF trans- kinds of fires likely to occur in the mitters and two VHF receivers for compartment where the extinguisher is communications, only one HF trans- intended to be used. mitter and one HF receiver is required (2) At least one hand fire extin- for communications. guisher must be provided and located (e) As used in this section, the term on or near the flight deck in a place shore means that area of the land adja- that is readily accessible to the flight cent to the water which is above the crew. high-water mark and excludes land (3) At least one hand fire extin- areas which are intermittently under guisher must be conveniently located water. in the passenger compartment of each (f) Notwithstanding the requirements airplane accommodating more than six in paragraph (a)(2) of this section, a but less than 31 passengers, and at person may operate in the Gulf of Mex- least two hand fire extinguishers must ico, the Caribbean Sea, and the Atlan- be conveniently located in the pas- tic Ocean west of a line which extends senger compartment of each airplane from 44°47′00″ N / 67°00′00″ W to 39°00′00″ accommodating more than 30 pas- N / 67°00′00″ W to 38°30′00″ N / 60°00′00″ W sengers. south along the 60°00′00″ W longitude (4) Hand fire extinguishers must be line to the point where the line inter- installed and secured in such a manner sects with the northern coast of South that they will not interfere with the America, when: safe operation of the airplane or ad- (1) A single long-range navigation versely affect the safety of the crew system is installed, operational, and and passengers. They must be readily appropriate for the route; and accessible and, unless the locations of (2) Flight conditions and the air- the fire extinguishers are obvious, craft’s capabilities are such that no their stowage provisions must be prop- more than a 30-minute gap in two-way erly identified. radio very high frequency communica- (d) First aid kits for treatment of in- tions is expected to exist. juries likely to occur in flight or in minor accidents must be provided. [Doc. No. 18334, 54 FR 34314, Aug. 18, 1989, as (e) Each airplane accommodating amended by Amdt. 91–249, 61 FR 7190, Feb. 26, more than 19 passengers must be 1996; Amdt. 91–296, 72 FR 31679, June 7, 2007] equipped with a crash axe. § 91.513 Emergency equipment. (f) Each passenger-carrying airplane must have a portable battery-powered (a) No person may operate an air- megaphone or megaphones readily ac- plane unless it is equipped with the cessible to the crewmembers assigned emergency equipment listed in this to direct emergency evacuation, in- section. stalled as follows: (b) Each item of equipment— (1) One megaphone on each airplane (1) Must be inspected in accordance with a seating capacity of more than 60 with § 91.409 to ensure its continued but less than 100 passengers, at the serviceability and immediate readiness most rearward location in the pas- for its intended purposes; senger cabin where it would be readily (2) Must be readily accessible to the accessible to a normal flight attendant crew; seat. However, the Administrator may (3) Must clearly indicate its method grant a deviation from the require- of operation; and ments of this subparagraph if the Ad- (4) When carried in a compartment or ministrator finds that a different loca- container, must have that compart- tion would be more useful for evacu- ment or container marked as to con- ation of persons during an emergency. tents and date of last inspection. (2) On each airplane with a seating (c) Hand fire extinguishers must be capacity of 100 or more passengers, one provided for use in crew, passenger, and megaphone installed at the forward end

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and one installed at the most rearward him or her and keep it fastened while location where it would be readily ac- any ‘‘fasten seat belt’’ sign is lighted. cessible to a normal flight attendant (e) Each passenger shall comply with seat. instructions given him or her by crewmembers regarding compliance with § 91.515 Flight altitude rules. paragraphs (b), (c), and (d) of this sec- (a) Notwithstanding § 91.119, and ex- tion. cept as provided in paragraph (b) of [Doc. No. 26142, 57 FR 42672, Sept. 15, 1992] this section, no person may operate an airplane under VFR at less than— § 91.519 Passenger briefing. (1) One thousand feet above the sur- (a) Before each takeoff the pilot in face, or 1,000 feet from any mountain, command of an airplane carrying pas- hill, or other obstruction to flight, for sengers shall ensure that all passengers day operations; and have been orally briefed on— (2) The altitudes prescribed in § 91.177, (1) Smoking. Each passenger shall be for night operations. briefed on when, where, and under what (b) This section does not apply— conditions smoking is prohibited. This (1) During takeoff or landing; briefing shall include a statement, as (2) When a different altitude is au- appropriate, that the Federal Aviation thorized by a waiver to this section Regulations require passenger compli- under subpart J of this part; or ance with lighted passenger informa- (3) When a flight is conducted under tion signs and no smoking placards, the special VFR weather minimums of prohibit smoking in lavatories, and re- § 91.157 with an appropriate clearance quire compliance with crewmember in- from ATC. structions with regard to these items; (2) Use of safety belts and shoulder har- § 91.517 Passenger information. nesses. Each passenger shall be briefed (a) Except as provided in paragraph on when, where, and under what condi- (b) of this section, no person may oper- tions it is necessary to have his or her ate an airplane carrying passengers un- safety belt and, if installed, his or her less it is equipped with signs that are shoulder harness fastened about him or visible to passengers and flight attend- her. This briefing shall include a state- ants to notify them when smoking is ment, as appropriate, that Federal prohibited and when safety belts must Aviation Regulations require passenger be fastened. The signs must be so con- compliance with the lighted passenger structed that the crew can turn them sign and/or crewmember instructions on and off. They must be turned on with regard to these items; during airplane movement on the sur- (3) Location and means for opening face, for each takeoff, for each landing, the passenger entry door and emer- and when otherwise considered to be gency exits; necessary by the pilot in command. (4) Location of survival equipment; (b) The pilot in command of an air- (5) Ditching procedures and the use of plane that is not required, in accord- flotation equipment required under ance with applicable aircraft and § 91.509 for a flight over water; and equipment requirements of this chap- (6) The normal and emergency use of ter, to be equipped as provided in para- oxygen equipment installed on the air- graph (a) of this section shall ensure plane. that the passengers are notified orally (b) The oral briefing required by each time that it is necessary to fasten paragraph (a) of this section shall be their safety belts and when smoking is given by the pilot in command or a prohibited. member of the crew, but need not be (c) If passenger information signs are given when the pilot in command de- installed, no passenger or crewmember termines that the passengers are famil- may smoke while any ‘‘no smoking’’ iar with the contents of the briefing. It sign is lighted nor may any passenger may be supplemented by printed cards or crewmember smoke in any lavatory. for the use of each passenger con- (d) Each passenger required by taining— § 91.107(a)(3) to occupy a seat or berth (1) A diagram of, and methods of op- shall fasten his or her safety belt about erating, the emergency exits; and

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(2) Other instructions necessary for § 91.523 Carry-on baggage. use of emergency equipment. No pilot in command of an airplane (c) Each card used under paragraph having a seating capacity of more than (b) must be carried in convenient loca- 19 passengers may permit a passenger tions on the airplane for the use of to stow baggage aboard that airplane each passenger and must contain infor- except— mation that is pertinent only to the (a) In a suitable baggage or cargo type and model airplane on which it is storage compartment, or as provided in used. § 91.525; or (d) For operations under subpart K of (b) Under a passenger seat in such a this part, the passenger briefing re- way that it will not slide forward under quirements of § 91.1035 apply, instead of crash impacts severe enough to induce the requirements of paragraphs (a) the ultimate inertia forces specified in through (c) of this section. § 25.561(b)(3) of this chapter, or the requirements of the regulations under [Doc. No. 18334, 54 FR 34314, Aug. 18, 1989, as which the airplane was type certifi- amended by Amdt. 91–231, 57 FR 42672, Sept. cated. Restraining devices must also 15, 1992; Amdt. 91–280, 68 FR 54561, Sept. 17, limit sideward motion of under-seat 2003] baggage and be designed to withstand § 91.521 Shoulder harness. crash impacts severe enough to induce sideward forces specified in § 25.561(b)(3) (a) No person may operate a trans- of this chapter. port category airplane that was type certificated after January 1, 1958, un- § 91.525 Carriage of cargo. less it is equipped at each seat at a (a) No pilot in command may permit flight deck station with a combined cargo to be carried in any airplane un- safety belt and shoulder harness that less— meets the applicable requirements (1) It is carried in an approved cargo specified in § 25.785 of this chapter, ex- rack, bin, or compartment installed in cept that— the airplane; (1) Shoulder harnesses and combined (2) It is secured by means approved safety belt and shoulder harnesses that by the Administrator; or were approved and installed before (3) It is carried in accordance with March 6, 1980, may continue to be used; each of the following: and (i) It is properly secured by a safety (2) Safety belt and shoulder harness belt or other tiedown having enough restraint systems may be designed to strength to eliminate the possibility of the inertia load factors established shifting under all normally anticipated under the certification basis of the air- flight and ground conditions. plane. (ii) It is packaged or covered to avoid possible injury to passengers. (b) No person may operate a trans- (iii) It does not impose any load on port category airplane unless it is seats or on the floor structure that ex- equipped at each required flight at- ceeds the load limitation for those tendant seat in the passenger compart- components. ment with a combined safety belt and (iv) It is not located in a position shoulder harness that meets the appli- that restricts the access to or use of cable requirements specified in § 25.785 any required emergency or regular of this chapter, except that— exit, or the use of the aisle between the (1) Shoulder harnesses and combined crew and the passenger compartment. safety belt and shoulder harnesses that (v) It is not carried directly above were approved and installed before seated passengers. March 6, 1980, may continue to be used; (b) When cargo is carried in cargo and compartments that are designed to re- (2) Safety belt and shoulder harness quire the physical entry of a crew- restraint systems may be designed to member to extinguish any fire that the inertia load factors established may occur during flight, the cargo under the certification basis of the air- must be loaded so as to allow a crew- plane. member to effectively reach all parts

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of the compartment with the contents § 91.529 Flight engineer requirements. of a hand fire extinguisher. (a) No person may operate the following airplanes without a flight crew- § 91.527 Operating in icing conditions. member holding a current flight engi- (a) No pilot may take off an airplane neer certificate: that has frost, ice, or snow adhering to (1) An airplane for which a type cer- any propeller, windshield, stabilizing tificate was issued before January 2, or control surface; to a powerplant in- 1964, having a maximum certificated stallation; or to an airspeed, altimeter, takeoff weight of more than 80,000 rate of climb, or flight attitude instru- pounds. ment system or wing, except that take- (2) An airplane type certificated after offs may be made with frost under the January 1, 1964, for which a flight engi- wing in the area of the fuel tanks if au- neer is required by the type certifi- thorized by the FAA. cation requirements. (b) No pilot may fly under IFR into (b) No person may serve as a required known or forecast light or moderate flight engineer on an airplane unless, icing conditions, or under VFR into within the preceding 6 calendar known light or moderate icing condi- months, that person has had at least 50 tions, unless— hours of flight time as a flight engineer on that type airplane or has been (1) The aircraft has functioning deic- checked by the Administrator on that ing or anti-icing equipment protecting type airplane and is found to be famil- each rotor blade, propeller, windshield, iar and competent with all essential wing, stabilizing or control surface, current information and operating pro- and each airspeed, altimeter, rate of cedures. climb, or flight attitude instrument system; § 91.531 Second in command require- (2) The airplane has ice protection ments. provisions that meet section 34 of Spe- (a) Except as provided in paragraph cial Federal Aviation Regulation No. (b) of this section, no person may oper- 23; or ate the following airplanes without a (3) The airplane meets transport cat- pilot designated as second in command: egory airplane type certification provi- (1) Any airplane that is type certifi- sions, including the requirements for cated for more than one required pilot. certification for flight in icing condi- (2) Any large airplane. tions. (3) Any commuter category airplane. (c) Except for an airplane that has (b) A person may operate the fol- ice protection provisions that meet the lowing airplanes without a pilot des- requirements in section 34 of Special ignated as second in command: Federal Aviation Regulation No. 23, or (1) Any airplane certificated for oper- those for transport category airplane ation with one pilot. type certification, no pilot may fly an (2) A large airplane or turbojet-pow- airplane into known or forecast severe ered multiengine airplane that holds a icing conditions. special airworthiness certificate, if: (i) The airplane was originally de- (d) If current weather reports and signed with only one pilot station; or briefing information relied upon by the (ii) The airplane was originally de- pilot in command indicate that the signed with more than one pilot sta- forecast icing conditions that would tion, but single pilot operations were otherwise prohibit the flight will not permitted by the airplane flight man- be encountered during the flight be- ual or were otherwise permitted by a cause of changed weather conditions branch of the United States Armed since the forecast, the restrictions in Forces or the armed forces of a foreign paragraphs (b) and (c) of this section contracting State to the Convention on based on forecast conditions do not International Civil Aviation. apply. (c) No person may designate a pilot [Doc. No. 18334, 54 FR 34314, Aug. 18, 1989, as to serve as second in command, nor amended by Amdt. 91–310, 74 FR 62696, Dec. 1, may any pilot serve as second in com- 2009] mand, of an airplane required under

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this section to have two pilots unless with regard to compliance with this that pilot meets the qualifications for section. second in command prescribed in § 61.55 [Doc. No. 26142, 57 FR 42672, Sept. 15, 1992] of this chapter. [Docket FAA–2016–6142, Amdt. 91–351, 83 FR §§ 91.536–91.599 [Reserved] 30282, June 27, 2018] Subpart G—Additional Equipment § 91.533 Flight attendant requirements. and Operating Requirements for Large and Transport Cat- (a) No person may operate an air- egory Aircraft plane unless at least the following 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, § 91.601 Applicability. one flight attendant. (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. (3) For airplanes having more than § 91.603 Aural speed warning device. 100 passengers on board, two flight attendants plus one additional flight at- No person may operate a transport tendant for each unit (or part of a unit) category airplane in air commerce un- of 50 passengers above 100. less that airplane is equipped with an (b) No person may serve as a flight aural speed warning device that com- attendant on an airplane when required plies with § 25.1303(c)(1). by paragraph (a) of this section unless that person has demonstrated to the § 91.605 Transport category civil airplane weight limitations. pilot in command familiarity with the necessary functions to be performed in (a) No person may take off any trans- an emergency or a situation requiring port category airplane (other than a emergency evacuation and is capable of turbine-engine-powered airplane cer- using the emergency equipment in- tificated after September 30, 1958) un- stalled on that airplane. less— (1) The takeoff weight does not ex- § 91.535 Stowage of food, beverage, ceed the authorized maximum takeoff and passenger service equipment weight for the elevation of the airport during aircraft movement on the of takeoff; surface, takeoff, and landing. (2) The elevation of the airport of (a) No operator may move an aircraft takeoff is within the altitude range for on the surface, take off, or land when which maximum takeoff weights have any food, beverage, or tableware fur- been determined; nished by the operator is located at (3) Normal consumption of fuel and any passenger seat. oil in flight to the airport of intended (b) No operator may move an aircraft landing will leave a weight on arrival on the surface, take off, or land unless not in excess of the authorized max- each food and beverage tray and seat imum landing weight for the elevation back tray table is secured in its stowed of that airport; and position. (4) The elevations of the airport of in- (c) No operator may permit an air- tended landing and of all specified al- craft to move on the surface, take off, ternate airports are within the altitude or land unless each passenger serving range for which the maximum landing cart is secured in its stowed position. weights have been determined. (d) No operator may permit an air- (b) No person may operate a turbine- craft to move on the surface, take off, engine-powered transport category air- or land unless each movie screen that plane certificated after September 30, extends into the aisle is stowed. 1958, contrary to the Airplane Flight (e) Each passenger shall comply with Manual, or take off that airplane un- instructions given by a crewmember less—

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(1) The takeoff weight does not ex- (3) The takeoff run is no greater than ceed the takeoff weight specified in the the length of the runway. 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 oil in flight to the airport of intended carrying passengers for hire. 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, airport, the runway to be used, the ef- or SR–389B, or under this section as in fective runway gradient, the ambient effect. temperature and wind component at However, an airplane type listed in the the time of takeoff, and, if operating following table may be operated with limitations exist for the minimum dis- up to the listed number of occupants tances required for takeoff from wet (including crewmembers) and the cor- runways, the runway surface condition responding number of exits (including (dry or wet). Wet runway distances as- emergency exits and doors) approved sociated with grooved or porous fric- for the emergency exit of passengers or tion course runways, if provided in the with an occupant-exit configuration Airplane Flight Manual, may be used approved under paragraph (b) or (c) of only for runways that are grooved or this section. treated with a porous friction course Maximum num- Corresponding (PFC) overlay, and that the operator ber of occupants number of exits determines are designed, constructed, Airplane type including all authorized for and maintained in a manner acceptable crewmembers passenger use to the Administrator. B–307 ...... 61 4 (4) Where the takeoff distance in- B–377 ...... 96 9 C–46 ...... 67 4 cludes a clearway, the clearway dis- CV–240 ...... 53 6 tance is not greater than one-half of— CV–340 and CV–440 53 6 (i) The takeoff run, in the case of air- DC–3 ...... 35 4 DC–3 (Super) ...... 39 5 planes certificated after September 30, DC–4 ...... 86 5 1958, and before August 30, 1959; or DC–6 ...... 87 7 (ii) The runway length, in the case of DC–6B ...... 112 11 L–18 ...... 17 3 airplanes certificated after August 29, L–049, L–649, L–749 87 7 1959. L–1049 series ...... 96 9 (c) No person may take off a turbine- M–202 ...... 53 6 M–404 ...... 53 7 engine-powered transport category air- Viscount 700 series ... 53 7 plane certificated after August 29, 1959, unless, in addition to the requirements (b) Occupants in addition to those au- of paragraph (b) of this section— thorized under paragraph (a) of this (1) The accelerate-stop distance is no section may be carried as follows: greater than the length of the runway (1) For each additional floor-level plus the length of the stopway (if exit at least 24 inches wide by 48 inches present); and high, with an unobstructed 20-inch- (2) The takeoff distance is no greater wide access aisleway between the exit than the length of the runway plus the and the main passenger aisle, 12 addi- length of the clearway (if present); and tional occupants.

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

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(5) Operate an aircraft: the instant the airplane begins the (i) For not more than 15 days while takeoff roll or the rotorcraft begins the flight recorder and/or cockpit voice lift-off until the airplane has com- recorder is inoperative and/or removed pleted the landing roll or the rotorcraft for repair provided that the aircraft has landed at its destination. maintenance records contain an entry (e) Unless otherwise authorized by that indicates the date of failure, and a the Administrator, after October 11, placard is located in view of the pilot 1991, no person may operate a U.S. civil to show that the flight recorder or registered multiengine, turbine-pow- cockpit voice recorder is inoperative. ered airplane or rotorcraft having a (ii) For not more than an additional passenger seating configuration of six 15 days, provided that the requirements passengers or more and for which two in paragraph (b)(5)(i) are met and that pilots are required by type certifi- a certificated pilot, or a certificated cation or operating rule unless it is person authorized to return an aircraft equipped with an approved cockpit to service under § 43.7 of this chapter, voice recorder that: certifies in the aircraft maintenance (1) Is installed in compliance with records that additional time is required § 23.1457(a)(1) and (2), (b), (c), (d)(1)(i), to complete repairs or obtain a replace- (2) and (3), (e), (f), and (g); § 25.1457(a)(1) ment unit. and (2), (b), (c), (d)(1)(i), (2) and (3), (e), (c)(1) No person may operate a U.S. (f), and (g); § 27.1457(a)(1) and (2), (b), civil registered, multiengine, turbine- (c), (d)(1)(i), (2) and (3), (e), (f), and (g); powered airplane or rotorcraft having a or § 29.1457(a)(1) and (2), (b), (c), (d)(1)(i), passenger seating configuration, ex- (2) and (3), (e), (f), and (g) of this chap- cluding any pilot seats of 10 or more ter, as applicable; and that has been manufactured after Octo- (2) Is operated continuously from the ber 11, 1991, unless it is equipped with use of the checklist before the flight to one or more approved flight recorders completion of the final checklist at the that utilize a digital method of record- end of the flight. ing and storing data and a method of (f) In complying with this section, an readily retrieving that data from the approved cockpit voice recorder having storage medium, that are capable of re- an erasure feature may be used, so that cording the data specified in appendix at any time during the operation of the E to this part, for an airplane, or ap- recorder, information recorded more pendix F to this part, for a rotorcraft, than 15 minutes earlier may be erased of this part within the range, accuracy, or otherwise obliterated. and recording interval specified, and (g) In the event of an accident or oc- that are capable of retaining no less currence requiring immediate notifica- than 8 hours of aircraft operation. tion to the National Transportation (2) All airplanes subject to paragraph Safety Board under part 830 of its regu- (c)(1) of this section that are manufac- lations that results in the termination tured before April 7, 2010, by April 7, of the flight, any operator who has in- 2012, must meet the requirements of stalled approved flight recorders and § 23.1459(a)(7) or § 25.1459(a)(8) of this approved cockpit voice recorders shall chapter, as applicable. keep the recorded information for at (3) All airplanes and rotorcraft sub- least 60 days or, if requested by the Ad- ject to paragraph (c)(1) of this section ministrator or the Board, for a longer that are manufactured on or after period. Information obtained from the April 7, 2010, must meet the flight data record is used to assist in determining recorder requirements of § 23.1459, the cause of accidents or occurrences § 25.1459, § 27.1459, or § 29.1459 of this in connection with the investigation chapter, as applicable, and retain at under part 830. The Administrator does least the last 25 hours of recorded in- not use the cockpit voice recorder formation using a recorder that meets record in any civil penalty or certifi- the standards of TSO–C124a, or later re- cate action. vision. (h) All airplanes required by this sec- (d) Whenever a flight recorder, re- tion to have a cockpit voice recorder quired by this section, is installed, it and a flight data recorder, that are must be operated continuously from manufactured before April 7, 2010, must

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by April 7, 2012, have a cockpit voice § 91.611 Authorization for ferry flight recorder that also— with one engine inoperative. (1) Meets the requirements of (a) General. The holder of an air car- § 23.1457(d)(6) or § 25.1457(d)(6) of this rier operating certificate or an oper- chapter, as applicable; and ating certificate issued under part 125 (2) If transport category, meets the may conduct a ferry flight of a four-en- requirements of § 25.1457(a)(3), (a)(4), gine airplane or a turbine-engine-pow- and (a)(5) of this chapter. ered airplane equipped with three en- (i) All airplanes or rotorcraft re- gines, with one engine inoperative, to a quired by this section to have a cockpit base for the purpose of repairing that voice recorder and flight data recorder, engine subject to the following: that are manufactured on or after (1) The airplane model has been test April 7, 2010, must have a cockpit voice flown and found satisfactory for safe recorder installed that also— flight in accordance with paragraph (b) (1) Is installed in accordance with the or (c) of this section, as appropriate. requirements of § 23.1457 (except for However, each operator who before No- paragraphs (a)(6) and (d)(5)); § 25.1457 vember 19, 1966, has shown that a model (except for paragraphs (a)(6) and (d)(5)); of airplane with an engine inoperative § 27.1457 (except for paragraphs (a)(6) is satisfactory for safe flight by a test and (d)(5)); or § 29.1457 (except for para- flight conducted in accordance with graphs (a)(6) and (d)(5)) of this chapter, performance data contained in the ap- as applicable; and plicable Airplane Flight Manual under paragraph (a)(2) of this section need (2) Retains at least the last 2 hours of not repeat the test flight for that recorded information using a recorder model. that meets the standards of TSO–C123a, (2) The approved Airplane Flight or later revision. Manual contains the following per- (3) For all airplanes or rotorcraft formance data and the flight is con- manufactured on or after April 6, 2012, ducted in accordance with that data: also meets the requirements of (i) Maximum weight. § 23.1457(a)(6) and (d)(5); § 25.1457(a)(6) (ii) Center of gravity limits. and (d)(5); § 27.1457(a)(6) and (d)(5); or (iii) Configuration of the inoperative § 29.1457(a)(6) and (d)(5) of this chapter, propeller (if applicable). as applicable. (iv) Runway length for takeoff (in- (j) All airplanes or rotorcraft re- cluding temperature accountability). quired by this section to have a cockpit (v) Altitude range. voice recorder and a flight data re- (vi) Certificate limitations. corder, that install datalink communication equipment on or after April 6, (vii) Ranges of operational limits. 2012, must record all datalink messages (viii) Performance information. as required by the certification rule ap- (ix) Operating procedures. plicable to the aircraft. (3) The operator has FAA approved (k) An aircraft operated under this procedures for the safe operation of the part under deviation authority from airplane, including specific require- part 125 of this chapter must comply ments for— with all of the applicable flight data (i) Limiting the operating weight on recorder requirements of part 125 appli- any ferry flight to the minimum necessary for the flight plus the necessary cable to the aircraft, notwithstanding reserve fuel load; such deviation authority. (ii) A limitation that takeoffs must [Doc. No. 18334, 54 FR 34318, Aug. 18, 1989, as be made from dry runways unless, amended by Amdt. 91–226, 56 FR 51621, Oct. based on a showing of actual operating 11, 1991; Amdt. 91–228, 57 FR 19353, May 5, takeoff techniques on wet runways 1992; Amdt. 91–300, 73 FR 12564, Mar. 7, 2008; with one engine inoperative, takeoffs Amdt. 91–304, 73 FR 73178, Dec. 2, 2008; Amdt. with full controllability from wet run- 91–300, 74 FR 32800, July 9, 2009; Amdt. 91–313, ways have been approved for the spe- 75 FR 17045, Apr. 5, 2010] cific model aircraft and included in the Airplane Flight Manual:

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(iii) Operations from airports where er than the weight that allows a rate of the runways may require a takeoff or climb of at least 400 feet per minute in approach over populated areas; and the en route configuration set forth in (iv) Inspection procedures for deter- § 25.67(d) of this chapter in effect on mining the operating condition of the January 31, 1977, at an altitude of 5,000 operative engines. feet. (4) No person may take off an air- (5) The performance must be deter- plane under this section if— mined using temperature account- (i) The initial climb is over thickly ability for the takeoff field length, populated areas; or computed in accordance with § 25.61 of (ii) Weather conditions at the takeoff this chapter in effect on January 31, or destination airport are less than 1977. those required for VFR flight. (5) Persons other than required flight (c) Flight tests: Turbine-engine-powered crewmembers shall not be carried dur- airplanes. The airplane performance of ing the flight. a turbine-engine-powered airplane with (6) No person may use a flight crew- one engine inoperative must be deter- member for flight under this section mined by flight tests, including at unless that crewmember is thoroughly least three takeoff tests, in accordance familiar with the operating procedures with the following: for one-engine inoperative ferry flight (1) Takeoff speeds VR and V2, not less contained in the certificate holder’s than the corresponding speeds under manual and the limitations and per- which the airplane was type certifi- formance information in the Airplane cated under § 25.107 of this chapter, Flight Manual. must be chosen at which the airplane (b) Flight tests: reciprocating-engine- may be controlled satisfactorily with powered airplanes. The airplane per- the critical engine inoperative (with formance of a reciprocating-engine- its propeller removed or in a configura- powered airplane with one engine inop- tion desired by the operator, if applica- erative must be determined by flight ble) and with all other engines oper- test as follows: ating at not more than the power se- (1) A speed not less than 1.3 V must S1 lected for type certification as set be chosen at which the airplane may be forth in § 25.101 of this chapter. controlled satisfactorily in a climb with the critical engine inoperative (2) The minimum takeoff field length (with its propeller removed or in a con- must be the horizontal distance re- figuration desired by the operator and quired to accelerate and climb to the 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 applicable); and and its propeller removed or in a con- (iii) The other engine operating at figuration desired by the operator; and not more than the power selected for (iii) The other engines operating at type certification as set forth in § 25.101 not more than maximum power estab- of this chapter. lished under paragraph (b)(3) of this (3) The takeoff, flight, and landing section. procedures such as the approximate (3) The takeoff, flight and landing 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.

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(4) The performance must be deter- flame propagation requirements of mined at a maximum weight not great- § 25.856 of this chapter, effective Sep- er than the weight determined under tember 2, 2003, if it is: § 25.121(c) of this chapter but with— (i) Of a blanket construction or (i) The actual steady gradient of the (ii) Installed around air ducting. final takeoff climb requirement not (2) For airplanes manufactured after less than 1.2 percent at the end of the September 2, 2005, thermal/acoustic in- takeoff path with two critical engines sulation materials installed in the fu- inoperative; and selage must meet the flame propaga- (ii) The climb speed not less than the tion requirements of § 25.856 of this two-engine inoperative trim speed for chapter, effective September 2, 2003. the actual steady gradient of the final takeoff climb prescribed by paragraph [Doc. No. 18334, 54 FR 34318, Aug. 18, 1989, as (c)(4)(i) of this section. amended by Amdt. 91–279, 68 FR 45083, July (5) The airplane must be satisfac- 31, 2003; Amdt. 91–290, 70 FR 77752, Dec. 30, torily controllable in a climb with two 2005] critical engines inoperative. Climb performance may be shown by calcula- §§ 91.615–91.699 [Reserved] tions based on, and equal in accuracy to, the results of testing. Subpart H—Foreign Aircraft Oper- (6) The performance must be deter- ations and Operations of U.S.- mined using temperature account- Registered Civil Aircraft Out- ability for takeoff distance and final side of the United States; and takeoff climb computed in accordance with § 25.101 of this chapter. Rules Governing Persons on Board Such Aircraft For the purpose of paragraphs (c)(4) and (5) of this section, two critical engines means two adjacent engines on SOURCE: Docket No. 18334, 54 FR 34320, Aug. 18, 1989, unless otherwise noted. one side of an airplane with four engines, and the center engine and one § 91.701 Applicability. outboard engine on an airplane with three engines. (a) This subpart applies to the operations of civil aircraft of U.S. registry § 91.613 Materials for compartment in- outside of the United States and the teriors. operations of foreign civil aircraft (a) No person may operate an air- within the United States. plane that conforms to an amended or (b) Section 91.702 of this subpart also supplemental type certificate issued in applies to each person on board an air- accordance with SFAR No. 41 for a craft operated as follows: maximum certificated takeoff weight (1) A U.S. registered civil aircraft op- in excess of 12,500 pounds unless within erated outside the United States; 1 year after issuance of the initial air- (2) Any aircraft operated outside the worthiness certificate under that United States— SFAR the airplane meets the compartment interior requirements set forth in (i) That has its next scheduled des- § 25.853 (a), (b), (b–1), (b–2), and (b–3) of tination or last place of departure in this chapter in effect on September 26, the United States if the aircraft next 1978. lands in the United States; or (b) Thermal/acoustic insulation ma- (ii) If the aircraft lands in the United terials. For transport category air- States with the individual still on the planes type certificated after January aircraft regardless of whether it was a 1, 1958: scheduled or otherwise planned landing (1) For airplanes manufactured before site. September 2, 2005, when thermal/acous- [Doc. No. FAA–1998–4954, 64 FR 1079, Jan. 7, tic insulation is installed in the fuse- 1999] lage as replacements after September 2, 2005, the insulation must meet the

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§ 91.702 Persons on board. Washington, DC 20590 and is available Section 91.11 of this part (Prohibi- from the International Civil Aviation tions on interference with crew- Organization (ICAO), Marketing and members) applies to each person on Customer Relations Unit, 999 Robert board an aircraft. Bourassa Boulevard, Montreal, Quebec H3C 5H7, Canada; http://store1.icao.int/; [Doc. No. FAA–1998–4954, 64 FR 1079, Jan. 7, or by contacting the ICAO Marketing 1999] and Customer Relations Unit by telephone at 514–954–8022 or by email at § 91.703 Operations of civil aircraft of U.S. registry outside of the United [email protected]. For questions about States. ICAO Annex 2, contact the FAA’s Of- fice of International Affairs at (202) (a) Each person operating a civil air- 267–1000. It is also available for inspec- craft of U.S. registry outside of the tion at the National Archives and United States shall— Records Administration (NARA). For (1) When over the high seas, comply information on the availability of this with Annex 2 (Rules of the Air) to the material at NARA, call 202–741–6030, or Convention on International Civil Aviation and with §§ 91.117(c), 91.127, go to http://www.archives.gov/ 91.129, and 91.131; federallregister/ (2) When within a foreign country, codeloflfederallregulations/ comply with the regulations relating ibrllocations.html. to the flight and maneuver of aircraft [Doc. No. 18834, 54 FR 34320, Aug. 18, 1989, as there in force; amended by Amdt. 91–227, 56 FR 65661, Dec. (3) Except for §§ 91.117(a), 91.307(b), 17, 1991; Amdt. 91–254, 62 FR 17487, Apr. 9, 91.309, 91.323, and 91.711, comply with 1997; 69 FR 18803, Apr. 9, 2004; Amdt. 91–299, 73 this part so far as it is not inconsistent FR 10143, Feb. 26, 2008; Amdt. 91–312, 75 FR with applicable regulations of the for- 9333, Mar. 2, 2010; Docket FAA–2016–9154, Amdt. 91–348, 82 FR 39664, Aug. 22, 2017] eign country where the aircraft is operated or Annex 2 of the Convention on § 91.705 [Reserved] International Civil Aviation; and (4) When operating within airspace § 91.706 Operations within airspace designated as Reduced Vertical Separa- designed as Reduced Vertical Sepa- tion Minimum (RVSM) airspace, com- ration Minimum Airspace. ply with § 91.706. (a) Except as provided in paragraph (5) For aircraft subject to ICAO (b) of this section, no person may oper- Annex 16, carry on board the aircraft ate a civil aircraft of U.S. registry in documents that summarize the noise airspace designated as Reduced operating characteristics and certifi- Vertical Separation Minimum (RVSM) cations of the aircraft that dem- airspace unless: onstrate compliance with this part and (1) The operator and the operator’s part 36 of this chapter. aircraft comply with the requirements (b) Annex 2 to the Convention on of appendix G of this part; and International Civil Aviation, Rules of (2) The operator is authorized by the the Air, Tenth Edition—July 2005, with Administrator to conduct such oper- Amendments through Amendment 45, ations. applicable November 10, 2016, is incor- (b) The Administrator may authorize porated by reference into this section a deviation from the requirements of with the approval of the Director of the this section in accordance with Section Federal Register under 5 U.S.C. 552(a) 5 of appendix G to this part. and 1 CFR part 51. To enforce any edition other than that specified in this [Doc. No. 28870, 62 FR 17487, Apr. 9, 1997] section, the FAA must publish a document in the FEDERAL REGISTER and the § 91.707 Flights between Mexico or material must be available to the pub- Canada and the United States. lic. All approved material is available Unless otherwise authorized by ATC, for inspection at U.S. Department of no person may operate a civil aircraft Transportation, Docket Operations, between Mexico or Canada and the West Building Ground Floor, Room United States without filing an IFR or W12–140, 1200 New Jersey Avenue SE., VFR flight plan, as appropriate.

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§ 91.709 Operations to Cuba. (ii) Navigation equipment suitable for the route to be flown. No person may operate a civil aircraft from the United States to Cuba (2) Each person piloting the air- unless— craft— (a) Departure is from an inter- (i) Holds a current United States in- national airport of entry designated in strument rating or is authorized by his § 6.13 of the Air Commerce Regulations foreign airman certificate to pilot of the Bureau of Customs (19 CFR 6.13); under IFR; and and (ii) Is thoroughly familiar with the (b) In the case of departure from any United States en route, holding, and of the 48 contiguous States or the Dis- letdown procedures; and trict of Columbia, the pilot in com- (3) At least one crewmember of that mand of the aircraft has filed— aircraft is able to conduct two-way ra- (1) A DVFR or IFR flight plan as pre- diotelephone communications in the scribed in § 99.11 or § 99.13 of this chap- English language and that crewmember ter; and is on duty while the aircraft is ap- (2) A written statement, within 1 proaching, operating within, or leaving hour before departure, with the Office the United States. of Immigration and Naturalization (d) Over water. Each person operating Service at the airport of departure, a foreign civil aircraft over water off containing— the shores of the United States shall (i) All information in the flight plan; give flight notification or file a flight (ii) The name of each occupant of the plan in accordance with the Supple- aircraft; mentary Procedures for the ICAO re- (iii) The number of occupants of the gion concerned. aircraft; and (e) Flight at and above FL 240. If VOR (iv) A description of the cargo, if any. navigation equipment is required under paragraph (c)(1)(ii) of this section, no This section does not apply to the oper- person may operate a foreign civil air- ation of aircraft by a scheduled air car- craft within the 50 States and the Dis- rier over routes authorized in oper- trict of Columbia at or above FL 240, ations specifications issued by the Ad- unless the aircraft is equipped with ap- ministrator. proved DME or a suitable RNAV sys- (Approved by the Office of Management and tem. When the DME or RNAV system Budget under control number 2120–0005) required by this paragraph fails at and above FL 240, the pilot in command of § 91.711 Special rules for foreign civil the aircraft must notify ATC imme- aircraft. diately and may then continue oper- (a) General. In addition to the other ations at and above FL 240 to the next applicable regulations of this part, airport of intended landing where re- each person operating a foreign civil pairs or replacement of the equipment aircraft within the United States shall can be made. A foreign civil aircraft comply with this section. may be operated within the 50 States (b) VFR. No person may conduct VFR and the District of Columbia at or operations which require two-way above FL 240 without DME or an RNAV radio communications under this part system when operated for the following unless at least one crewmember of that purposes, and ATC is notified before aircraft is able to conduct two-way each takeoff: radio communications in the English (1) Ferry flights to and from a place language and is on duty during that op- in the United States where repairs or eration. alterations are to be made. (c) IFR. No person may operate a for- (2) Ferry flights to a new country of eign civil aircraft under IFR unless— registry. (1) That aircraft is equipped with— (3) Flight of a new aircraft of U.S. (i) Radio equipment allowing two- manufacture for the purpose of— way radio communication with ATC (i) Flight testing the aircraft; when it is operated in controlled air- (ii) Training foreign flight crews in space; and the operation of the aircraft; or

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(iii) Ferrying the aircraft for export §§ 91.717–91.799 [Reserved] delivery outside the United States. (4) Ferry, demonstration, and test Subpart I—Operating Noise Limits flight of an aircraft brought to the United States for the purpose of demonstration or testing the whole or any SOURCE: Docket No. 18334, 54 FR 34321, Aug. 18, 1989, unless otherwise noted. part thereof. [Doc. No. 18834, 54 FR 34320, Aug. 18, 1989, as § 91.801 Applicability: Relation to part amended by Amdt. 91–227, 56 FR 65661, Dec. 36. 17, 1991; Amdt. 91–296, 72 FR 31679, June 7, (a) This subpart prescribes operating 2007] noise limits and related requirements that apply, as follows, to the operation § 91.713 Operation of civil aircraft of Cuban registry. of civil aircraft in the United States. (1) Sections 91.803, 91.805, 91.807, No person may operate a civil air- 91.809, and 91.811 apply to civil subsonic craft of Cuban registry except in con- jet (turbojet) airplanes with maximum trolled airspace and in accordance with weights of more than 75,000 pounds air traffic clearance or air traffic con- and— trol instructions that may require use (i) If U.S. registered, that have stand- of specific airways or routes and land- ard airworthiness certificates; or ings at specific airports. (ii) If foreign registered, that would be required by this chapter to have a § 91.715 Special flight authorizations for foreign civil aircraft. U.S. standard airworthiness certificate in order to conduct the operations in- (a) Foreign civil aircraft may be op- tended for the airplane were it reg- erated without airworthiness certifi- istered in the United States. Those sec- cates required under § 91.203 if a special tions apply to operations to or from flight authorization for that operation airports in the United States under is issued under this section. Applica- this part and parts 121, 125, 129, and 135 tion for a special flight authorization of this chapter. must be made to the appropriate Flight (2) Section 91.813 applies to U.S. oper- Standards Division Manager, or Air- ators of civil subsonic jet (turbojet) craft Certification Service Division Di- airplanes covered by this subpart. This rector. However, in the case of an air- section applies to operators operating craft to be operated in the U.S. for the to or from airports in the United purpose of demonstration at an air- States under this part and parts 121, show, the application may be made to 125, and 135, but not to those operating the appropriate Flight Standards Divi- under part 129 of this chapter. sion Manager or Aircraft Certification (3) Sections 91.803, 91.819, and 91.821 Service Division Director responsible apply to U.S.-registered civil super- for the airshow location. sonic airplanes having standard air- (b) The Administrator may issue a worthiness certificates and to foreign- special flight authorization for a for- registered civil supersonic airplanes eign civil aircraft subject to any condi- that, if registered in the United States, tions and limitations that the Admin- would be required by this chapter to istrator considers necessary for safe have U.S. standard airworthiness cer- operation in the U.S. airspace. tificates in order to conduct the oper- (c) No person may operate a foreign ations intended for the airplane. Those civil aircraft under a special flight au- sections apply to operations under this thorization unless that operation also part and under parts 121, 125, 129, and complies with part 375 of the Special 135 of this chapter. Regulations of the Department of (b) Unless otherwise specified, as Transportation (14 CFR part 375). used in this subpart ‘‘part 36’’ refers to (Approved by the Office of Management and 14 CFR part 36, including the noise lev- Budget under control number 2120–0005) els under appendix C of that part, not- [Doc. No. 18334, 54 FR 34320, Aug. 18, 1989, as withstanding the provisions of that amended by Amdt. 91–212, 54 FR 39293, Sept. part excepting certain airplanes from 25, 1989; Docket FAA–2018–0119, Amdt. 91–350, the specified noise requirements. For 83 FR 9171, Mar. 5, 2018] purposes of this subpart, the various

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stages of noise levels, the terms used to this part, part 121, 125, 129, or 135 of describe airplanes with respect to those this chapter on and after December 31, levels, and the terms ‘‘subsonic air- 2015. plane’’ and ‘‘supersonic airplane’’ have [Doc. No. 18334, 54 FR 34321, Aug. 18, 1989; the meanings specified under part 36 of Amdt. 91–211, 54 FR 41211, Oct. 5, 1989, as this chapter. For purposes of this sub- amended by Amdt. 91–225, 56 FR 48658, Sept. part, for subsonic airplanes operated in 25, 1991; Amdt. 91–252, 61 FR 66185, Dec. 16, foreign air commerce in the United 1996; Amdt. 91–275, 67 FR 45237, July 8, 2002; States, the Administrator may accept Amdt. 91–276, 67 FR 46571, July 15, 2002; compliance with the noise require- Amdt. 91–328, 78 FR 39583, July 2, 2013] ments under annex 16 of the Inter- national Civil Aviation Organization § 91.803 Part 125 operators: Designa- tion of applicable regulations. when those requirements have been shown to be substantially compatible For airplanes covered by this subpart with, and achieve results equivalent to and operated under part 125 of this those achievable under, part 36 for that chapter, the following regulations airplane. Determinations made under apply as specified: these provisions are subject to the lim- (a) For each airplane operation to itations of § 36.5 of this chapter as if which requirements prescribed under those noise levels were part 36 noise this subpart applied before November levels. 29, 1980, those requirements of this sub- (c) Sections 91.851 through 91.877 of part continue to apply. this subpart prescribe operating noise (b) For each subsonic airplane oper- limits and related requirements that ation to which requirements prescribed apply to any civil subsonic jet (tur- under this subpart did not apply before bojet) airplane (for which an airworthi- November 29, 1980, because the airplane ness certificate other than an experi- was not operated in the United States mental certificate has been issued by under this part or part 121, 129, or 135 of the Administrator) with a maximum this chapter, the requirements pre- certificated takeoff weight of more scribed under § 91.805 of this subpart than 75,000 pounds operating to or from apply. an airport in the 48 contiguous United (c) For each supersonic airplane oper- States and the District of Columbia ation to which requirements prescribed under this part, parts 121, 125, 129, or under this subpart did not apply before 135 of this chapter on and after Sep- November 29, 1980, because the airplane tember 25, 1991. was not operated in the United States (d) Section 91.877 prescribes reporting under this part or part 121, 129, or 135 of requirements that apply to any civil this chapter, the requirements of subsonic jet (turbojet) airplane with a §§ 91.819 and 91.821 of this subpart apply. maximum weight of more than 75,000 (d) For each airplane required to op- pounds operated by an air carrier or erate under part 125 for which a devi- foreign air carrier between the contig- ation under that part is approved to uous United States and the State of operate, in whole or in part, under this Hawaii, between the State of Hawaii part or part 121, 129, or 135 of this chap- and any point outside of the 48 contig- ter, notwithstanding the approval, the uous United States, or between the is- requirements prescribed under para- lands of Hawaii in turnaround service, graphs (a), (b), and (c) of this section under part 121 or 129 of this chapter on continue to apply. or after November 5, 1990. [Doc. No. 18334, 54 FR 34321, Aug. 18, 1989, as (e) Sections 91.881 through 91.883 of amended by Amdt. 91–276, 67 FR 46571, July this subpart prescribe operating noise 15, 2002] limits and related requirements that apply to any civil subsonic jet airplane § 91.805 Final compliance: Subsonic with a maximum takeoff weight of airplanes. 75,000 pounds or less and for which an Except as provided in §§ 91.809 and airworthiness certificate (other than 91.811, on and after January 1, 1985, no an experimental certificate) has been person may operate to or from an air- issued, operating to or from an airport port in the United States any subsonic in the contiguous United States under airplane covered by this subpart unless

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that airplane has been shown to com- (2) The operator complies with the ply with Stage 2 or Stage 3 noise levels flight limitations prescribed in para- under part 36 of this chapter. graph (b)(1) of this section or complies with conditions and limitations in an §§ 91.807–91.813 [Reserved] authorization to exceed Mach 1 issued under appendix B of this part. § 91.815 Agricultural and fire fighting airplanes: Noise operating limita- (Approved by the Office of Management and tions. Budget under control number 2120–0005) (a) This section applies to propeller- § 91.819 Civil supersonic airplanes that driven, small airplanes having standard do not comply with part 36. airworthiness certificates that are de- (a) Applicability. This section applies signed for ‘‘agricultural aircraft oper- to civil supersonic airplanes that have ations’’ (as defined in § 137.3 of this not been shown to comply with the chapter, as effective on January 1, 1966) Stage 2 noise limits of part 36 in effect or for dispensing fire fighting mate- on October 13, 1977, using applicable rials. trade-off provisions, and that are oper- (b) If the Airplane Flight Manual, or ated in the United States, after July other approved manual material infor- 31, 1978. mation, markings, or placards for the (b) Airport use. Except in an emer- airplane indicate that the airplane has gency, the following apply to each per- not been shown to comply with the son who operates a civil supersonic air- noise limits under part 36 of this chap- plane to or from an airport in the ter, no person may operate that air- United States: plane, except— (1) Regardless of whether a type de- (1) To the extent necessary to accom- sign change approval is applied for plish the work activity directly associ- under part 21 of this chapter, no person ated with the purpose for which it is may land or take off an airplane cov- designed; ered by this section for which the type (2) To provide flight crewmember design is changed, after July 31, 1978, in training in the special purpose oper- a manner constituting an ‘‘acoustical ation for which the airplane is de- change’’ under § 21.93 unless the acous- signed; and tical change requirements of part 36 (3) To conduct ‘‘nondispensing aerial are complied with. work operations’’ in accordance with (2) No flight may be scheduled, or the requirements under § 137.29(c) of otherwise planned, for takeoff or land- this chapter. ing after 10 p.m. and before 7 a.m. local time. § 91.817 Civil aircraft sonic boom. § 91.821 Civil supersonic airplanes: (a) No person may operate a civil air- Noise limits. craft in the United States at a true Except for Concorde airplanes having flight Mach number greater than 1 ex- flight time before January 1, 1980, no cept in compliance with conditions and person may operate in the United limitations in an authorization to ex- States, a civil supersonic airplane that ceed Mach 1 issued to the operator does not comply with Stage 2 noise under appendix B of this part. limits of part 36 in effect on October 13, (b) In addition, no person may oper- 1977, using applicable trade-off provi- ate a civil aircraft for which the max- sions. imum operating limit speed MM0 exceeds a Mach number of 1, to or from §§ 91.823–91.849 [Reserved] an airport in the United States, unless— § 91.851 Definitions. (1) Information available to the For the purposes of §§ 91.851 through flight crew includes flight limitations 91.877 of this subpart: that ensure that flights entering or Chapter 4 noise level means a noise leaving the United States will not level at or below the maximum noise cause a sonic boom to reach the surface level prescribed in Chapter 4, Para- within the United States; and graph 4.4, Maximum Noise Levels, of

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the International Civil Aviation Orga- the contiguous United States, but that nization (ICAO) Annex 16, Volume I, initiates such operation after that Amendment 7, effective March 21, 2002. date. The Director of the Federal Register in Stage 2 noise levels mean the require- accordance with 5 U.S.C. 552(a) and 1 ments for Stage 2 noise levels as de- CFR part 51 approved the incorporation fined in part 36 of this chapter in effect by reference of this document, which on November 5, 1990. can be obtained from the International Stage 3 noise levels mean the require- Civil Aviation Organization (ICAO), ments for Stage 3 noise levels as de- Document Sales Unit, 999 University fined in part 36 of this chapter in effect Street, Montreal, Quebec H3C 5H7, Can- on November 5, 1990. ada. Also, you may obtain documents on the Internet at http://www.ICAO.int/ Stage 4 noise level means a noise level eshop/index.cfm. Copies may be reviewed at or below the Stage 4 noise limit pre- at the U.S. Department of Transpor- scribed in part 36 of this chapter. tation, Docket Operations, West Build- Stage 2 airplane means a civil sub- ing Ground Floor, Room W12–140, 1200 sonic jet (turbojet) airplane with a New Jersey Avenue, SE., Washington, maximum certificated weight of 75,000 DC 20590 or at the National Archives pounds or more that complies with and Records Administration (NARA). Stage 2 noise levels as defined in part For information on the availability of 36 of this chapter. this material at NARA, call 202–741– Stage 3 airplane means a civil sub- 6030, or go to: http://www.archives.gov/ sonic jet (turbojet) airplane with a federallregister/ maximum certificated weight of 75,000 codeloflfederallregulations/ pounds or more that complies with ibrllocations.html. Stage 3 noise levels as defined in part Contiguous United States means the 36 of this chapter. area encompassed by the 48 contiguous Stage 4 airplane means an airplane United States and the District of Co- that has been shown not to exceed the lumbia. Stage 4 noise limit prescribed in part 36 Fleet means those civil subsonic jet of this chapter. A Stage 4 airplane (turbojet) airplanes with a maximum certificated weight of more than 75,000 complies with all of the noise oper- pounds that are listed on an operator’s ating rules of this part. operations specifications as eligible for Stage 5 airplane means an airplane operation in the contiguous United that has been shown not to exceed the States. Stage 5 noise limit prescribed in part 36 Import means a change in ownership of this chapter. A Stage 5 airplane of an airplane from a non-U.S. person complies with all of the noise oper- to a U.S. person when the airplane is ating rules of this part. brought into the United States for op- Stage 5 noise level means a noise level eration. at or below the Stage 5 noise limit pre- Operations specifications means an scribed in part 36 of this chapter. enumeration of airplanes by type, model, series, and serial number oper- [Doc. No. 26433, 56 FR 48658, Sept. 25, 1991, as ated by the operator or foreign air car- amended by Amdt. 91–252, 61 FR 66185, Dec. rier on a given day, regardless of how 16, 1996; Amdt. 91–275, 67 FR 45237, July 8, 2002; Amdt. 91–288, 70 FR 38749, July 5, 2005; 72 or whether such airplanes are formally FR 68475, Dec. 5, 2007; Docket FAA–2015–3782, listed or designated by the operator. Amdt. 91–349, 82 FR 46132, Oct. 4, 2017] Owner means any person that has in- dicia of ownership sufficient to register § 91.853 Final compliance: Civil sub- the airplane in the United States pur- sonic airplanes. suant to part 47 of this chapter. Except as provided in § 91.873, after New entrant means an air carrier or foreign air carrier that, on or before December 31, 1999, no person shall oper- November 5, 1990, did not conduct operate to or from any airport in the con- ations under part 121 or 129 of this tiguous United States any airplane chapter using an airplane covered by subject to § 91.801(c), unless that air- this subpart to or from any airport in plane has been shown to comply with

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Stage 3, Stage 4, or Stage 5 noise lev- importer under a written contract exe- els. cuted before November 5, 1990. [Docket FAA–2015–3782, Amdt. 91–349, 82 FR (h) Any Stage 2 airplane described in 46132, Oct. 4, 2017] this section is eligible for operation in the contiguous United States only as § 91.855 Entry and nonaddition rule. provided under § 91.865 or 91.867. No person may operate any airplane [Doc. No. 26433, 56 FR 48658, Sept. 25, 1991; 56 subject to § 91.801(c) of this subpart to FR 51167, Oct. 10, 1991, as amended by Amdt. or from an airport in the contiguous 91–288, 70 FR 38750, July 5, 2005; Docket FAA– United States unless one or more of the 2015–3782, Amdt. 91–349, 82 FR 46132, Oct. 4, following apply: 2017] (a) The airplane complies with Stage 3, Stage 4, or Stage 5 noise levels. § 91.857 Stage 2 operations outside of (b) The airplane complies with Stage the 48 contiguous United States. 2 noise levels and was owned by a U.S. An operator of a Stage 2 airplane person on and since November 5, 1990. Stage 2 airplanes that meet these cri- that is operating only between points teria and are leased to foreign airlines outside the contiguous United States are also subject to the return provi- on or after November 5, 1990, must in- sions of paragraph (e) of this section. clude in its operations specifications a (c) The airplane complies with Stage statement that such airplane may not 2 noise levels, is owned by a non-U.S. be used to provide air transportation to person, and is the subject of a binding or from any airport in the contiguous lease to a U.S. person effective before United States. and on September 25, 1991. Any such [Doc. No. FAA–2002–12771, 67 FR 46571, July airplane may be operated for the term 15, 2002] of the lease in effect on that date, and any extensions thereof provided for in § 91.858 Special flight authorizations that lease. for non-revenue Stage 2 operations. (d) The airplane complies with Stage 2 noise levels and is operated by a for- (a) After December 31, 1999, any oper- eign air carrier. ator of a Stage 2 airplane over 75,000 (e) The airplane complies with Stage pounds may operate that airplane in 2 noise levels and is operated by a for- nonrevenue service in the contiguous eign operator other than for the pur- United States only for the following pose of foreign air commerce. purposes: (f) The airplane complies with Stage (1) Sell, lease, or scrap the airplane; 2 noise levels and— (2) Obtain modifications to meet (1) On November 5, 1990, was owned Stage 3, Stage 4, or Stage 5 noise lev- by: els. (i) A corporation, trust, or partner- (3) Obtain scheduled heavy mainte- ship organized under the laws of the nance or significant modifications; United States or any State (including (4) Deliver the airplane to a lessee or individual States, territories, posses- return it to a lessor; sions, and the District of Columbia); (ii) An individual who is a citizen of (5) Park or store the airplane; and the United States; or (6) Prepare the airplane for any of (iii) An entity owned or controlled by the purposes listed in paragraph (a)(1) a corporation, trust, partnership, or in- thru (a)(5) of this section. dividual described in paragraph (f)(1) (i) (b) An operator of a Stage 2 airplane or (ii) of this section; and that needs to operate in the contiguous (2) Enters into the United States not United States for any of the purposes later than 6 months after the expira- listed above may apply to FAA’s Office tion of a lease agreement (including of Environment and Energy for a spe- any extensions thereof) between an cial flight authorization. The applicant owner described in paragraph (f)(1) of must file in advance. Applications are this section and a foreign airline. due 30 days in advance of the planned (g) The airplane complies with Stage 2 noise levels and was purchased by the

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flight and must provide the informa- any one day during the period January tion necessary for the FAA to deter- 1, 1990, through July 1, 1991, plus or mine that the planned flight is within minus any adjustments to the base lev- the limits prescribed in the law. els made pursuant to paragraphs (b) (1) [Doc. No. FAA–2002–12771, 67 FR 46571, July and (2). 15, 2002, as amended by Docket FAA–2015– (1) The base level of a foreign air car- 3782, Amdt. 91–349, 82 FR 46132, Oct. 4, 2017] rier shall be increased by the amount of foreign air carrier base level ac- § 91.859 Modification to meet Stage 3, quired with a Stage 2 airplane from an- Stage 4, or Stage 5 noise levels. other person under § 91.863. For an airplane subject to § 91.801(c) (2) The base level of a foreign air car- of this subpart and otherwise prohib- rier shall be decreased by the amount ited from operation to or from an air- of foreign air carrier base level transport in the contiguous United States ferred with a Stage 2 airplane to an- by § 91.855, any person may apply for a other person under § 91.863. special flight authorization for that (c) New entrants do not have a base airplane to operate in the contiguous level. United States for the purpose of ob- taining modifications to meet Stage 3, [Doc. No. 26433, 56 FR 48659, Sept. 25, 1991; 56 Stage 4, or Stage 5 noise levels. FR 51167, Oct. 10, 1991] [Docket FAA–2015–3782, Amdt. 91–349, 82 FR § 91.863 Transfers of Stage 2 airplanes 46132, Oct. 4, 2017] with base level. § 91.861 Base level. (a) Stage 2 airplanes may be transferred with or without the cor- (a) U.S. Operators. The base level of a responding amount of base level. Base U.S. operator is equal to the number of level may not be transferred without owned or leased Stage 2 airplanes sub- the corresponding number of Stage 2 ject to § 91.801(c) of this subpart that airplanes. were listed on that operator’s oper- (b) No portion of a U.S. operator’s ations specifications for operations to base level established under § 91.861(a) or from airports in the contiguous may be used for operations by a foreign United States on any one day selected air carrier. No portion of a foreign air by the operator during the period Jan- carrier’s base level established under uary 1, 1990, through July 1, 1991, plus § 91.861(b) may be used for operations or minus adjustments made pursuant by a U.S. operator. to paragraphs (a) (1) and (2). (1) The base level of a U.S. operator (c) Whenever a transfer of Stage 2 shall be increased by a number equal to airplanes with base level occurs, the the total of the following— transferring and acquiring parties (i) The number of Stage 2 airplanes shall, within 10 days, jointly submit returned to service in the United written notification of the transfer to States pursuant to § 91.855(f); the FAA, Office of Environment and (ii) The number of Stage 2 airplanes Energy. Such notification shall state: purchased pursuant to § 91.855(g); and (1) The names of the transferring and (iii) Any U.S. operator base level ac- acquiring parties; quired with a Stage 2 airplane trans- (2) The name, address, and telephone ferred from another person under number of the individual responsible § 91.863. for submitting the notification on be- (2) The base level of a U.S. operator half of the transferring and acquiring shall be decreased by the amount of parties; U.S. operator base level transferred (3) The total number of Stage 2 air- with the corresponding number of planes transferred, listed by airplane Stage 2 airplanes to another person type, model, series, and serial number; under § 91.863. (4) The corresponding amount of base (b) Foreign air carriers. The base level transferred and whether it is U.S. level of a foreign air carrier is equal to operator or foreign air carrier base the number of owned or leased Stage 2 level; and airplanes that were listed on that car- (5) The effective date of the trans- rier’s U.S. operations specifications on action.

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(d) If, taken as a whole, a transaction (e) Calculations resulting in fractions or series of transactions made pursuant may be rounded to permit the contin- to this section does not produce an in- ued operation of the next whole num- crease or decrease in the number of ber of Stage 2 airplanes. Stage 2 airplanes for either the acquir- [Doc. No. 26433, 56 FR 48659, Sept. 25, 1991] ing or transferring operator, such transaction or series of transactions § 91.867 Phased compliance for new may not be used to establish compli- entrants. ance with the requirements of § 91.865. (a) New entrant U.S. air carriers. [Doc. No. 26433, 56 FR 48659, Sept. 25, 1991] (1) A new entrant initiating operations under part 121 of this chapter on § 91.865 Phased compliance for opera- or before December 31, 1994, may ini- tors with base level. tiate service without regard to the per- Except as provided in paragraph (a) centage of its fleet composed of Stage of this section, each operator that op- 3 airplanes. erates an airplane under part 91, 121, (2) After December 31, 1994, at least 25 125, 129, or 135 of this chapter, regard- percent of the fleet of a new entrant less of the national registry of the air- must comply with Stage 3 noise levels. plane, shall comply with paragraph (b) (3) After December 31, 1996, at least 50 or (d) of this section at each interim percent of the fleet of a new entrant compliance date with regard to its sub- must comply with Stage 3 noise levels. sonic airplane fleet covered by (4) After December 31, 1998, at least 75 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,

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may claim a credit that may be applied logically infeasible, or that it would at a subsequent interim compliance have an adverse effect on competition date. or on service to small communities. (b) Any operator that eliminates or (e) The conditions of any waiver modifies more Stage 2 airplanes pursu- granted under this section shall be de- ant to § 91.865(b) than required as of De- termined by the circumstances pre- cember 31, 1994, or December 31, 1996, sented in the application, but in no may count the number of additional case may the term extend beyond the Stage 2 airplanes reduced as a credit next interim compliance date. toward— (f) A summary of any request for a (1) The number of Stage 2 airplanes it waiver under this section will be pub- would otherwise be required to reduce lished in the FEDERAL REGISTER, and 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.

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(e) The term of any waiver granted (iii) Each Stage 3 airplane on U.S. op- under this section shall be determined erations specifications as of the last by the circumstances presented in the day of the reporting period; and application, but in no case will the (iv) For each Stage 2 airplane trans- waiver permit the operation of any ferred or acquired, the name and ad- Stage 2 airplane covered by this sub- dress of the recipient or transferor; chapter in the contiguous United and, if base level was transferred, the States after December 31, 2003. person to or from whom base level was (f) A summary of any request for a transferred or acquired pursuant to waiver under this section will be pub- Section 91.863 along with the effective lished in the FEDERAL REGISTER, and date of each base level transaction, and public comment will be invited. Unless the type of base level transferred or ac- the secretary finds that circumstances quired. require otherwise, the public comment (b) Each operator subject to § 91.865 period will be at least 14 days. or § 91.867 of this chapter shall submit an initial progress report covering the [Doc. No. 26433, 56 FR 48660, Sept. 25, 1991; 56 period from January 1, 1990, through 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 airplanes included in the operator’s base (2) The name, title, and telephone level, pursuant to § 91.861(a)(1) (i) and number of the person designated by the (ii), under the categories ‘‘returned’’ or operator to be responsible for ensuring ‘‘purchased,’’ along with the date each the accuracy of the information in the was added to its operations specifica- report; tions. (3) The operator’s progress during the (c) Each operator subject to § 91.865 or reporting period toward compliance § 91.867 of this chapter shall submit sub- with the requirements of § 91.853, sequent annual progress reports cov- § 91.865 or § 91.867. For airplanes on U.S. ering the calendar year preceding the operations specifications, each oper- report and including any changes in ator shall identify the airplanes by the information provided in paragraphs type, model, series, and serial number. (a) and (b) of this section; including the (i) Each Stage 2 airplane added or re- use of any carry-forward credits pursu- moved from operation or U.S. oper- ant to § 91.869. ations specifications (grouped sepa- (d) An operator may request, in any rately by those airplanes acquired with report, that specific planning data be and without base level); considered proprietary. (ii) Each Stage 2 airplane modified to (e) If an operator’s actions during Stage 3 noise levels (identifying the any reporting period cause it to manufacturer and model of noise achieve compliance with § 91.853, the re- abatement retrofit equipment; port should include a statement to that

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effect. Further progress reports are not 1001), and include the following infor- required unless there is any change in mation— the information reported pursuant to (1) The name and address of the air paragraph (a) of this section. carrier or foreign air carrier; (f) For each U.S. operator subject to (2) The name, title, and telephone § 91.865, progress reports submitted for number of the person designated by the calendar years 1994, 1996, and 1998, shall air carrier or foreign air carrier to be also state how the operator achieved responsible for ensuring the accuracy compliance with the requirements of of the information in the report; and that section, i.e.— (3) The information specified in para- (1) By reducing the number of Stage graph (c) of this section. 2 airplanes in its fleet to no more than (c) The following information must the maximum permitted percentage of be included in reports filed pursuant to its base level under § 91.865(b), or this section— (2) By operating a fleet that consists (1) For operations conducted between of at least the minimum required per- the contiguous United States and the centage of Stage 3 airplanes under State of Hawaii— (i) The number of Stage 2 airplanes § 91.865(d). used to conduct such operations as of (Approved by the Office of Management and November 5, 1990; Budget under control number 2120–0553) (ii) Any change to that number dur- [Doc. No. 26433, 56 FR 48660, Sept. 25, 1991; 56 ing the calendar year being reported, FR 51168, Oct. 10, 1991, as amended by 57 FR including the date of such change; 5977, Feb. 19, 1992] (2) For air carriers that conduct inter-island turnaround service in the § 91.877 Annual reporting of Hawaiian State of Hawaii— operations. (i) The number of Stage 2 airplanes (a) Each air carrier or foreign air car- used to conduct such operations as of rier subject to § 91.865 or § 91.867 of this November 5, 1990; part that conducts operations between (ii) Any change to that number dur- the contiguous United States and the ing the calendar year being reported, State of Hawaii, between the State of including the date of such change; Hawaii and any point outside of the (iii) For an air carrier that provided contiguous United States, or between inter-island trunaround service within the islands of Hawaii in turnaround the state of Hawaii on November 5, service, on or since November 5, 1990, 1990, the number reported under para- shall include in its annual report the graph (c)(2)(i) of this section may in- information described in paragraph (c) clude all Stage 2 airplanes with a 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. [Doc. No. 28213, 61 FR 66185, Dec. 16, 1996]

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§§ 91.879–91.880 [Reserved] thorization for one of the purposes listed in paragraph (a) of this section by § 91.881 Final compliance: Civil sub- filing an application with the FAA’s sonic jet airplanes weighing 75,000 Office of Environment and Energy. Ex- pounds or less. cept for emergency relief authoriza- Except as provided in § 91.883, after tions sought under paragraph (a)(7) of December 31, 2015, a person may not op- this section, applications must be filed erate to or from an airport in the con- at least 30 days in advance of the tiguous United States a civil subsonic planned flight. All applications must jet airplane subject to § 91.801(e) of this provide the information necessary for subpart that weighs less than 75,000 the FAA to determine that the planned pounds unless that airplane has been flight is within the limits prescribed in shown to comply with Stage 3, Stage 4, the law. or Stage 5 noise levels. [Doc. No. FAA–2013–0503, 78 FR 39583, July 2, [Docket FAA–2015–3782, Amdt. 91–349, 82 FR 2013, as amended by Docket FAA–2015–3782, 46132, Oct. 4, 2017] Amdt. 91–349, 82 FR 46132, Oct. 4, 2017]

§ 91.883 Special flight authorizations §§ 91.884–91.899 [Reserved] for jet airplanes weighing 75,000 pounds or less. Subpart J—Waivers (a) After December 31, 2015, an operator of a jet airplane weighing 75,000 § 91.901 [Reserved] pounds or less that does not comply with Stage 3 noise levels may, when § 91.903 Policy and procedures. granted a special flight authorization (a) The Administrator may issue a by the FAA, operate that airplane in certificate of waiver authorizing the the contiguous United States only for operation of aircraft in deviation from one of the following purposes: any rule listed in this subpart if the (1) To sell, lease, or use the airplane Administrator finds that the proposed outside the 48 contiguous States; operation can be safely conducted (2) To scrap the airplane; under the terms of that certificate of (3) To obtain modifications to the waiver. airplane to meet Stage 3, Stage 4, or (b) An application for a certificate of Stage 5 noise levels. waiver under this part is made on a (4) To perform scheduled heavy main- form and in a manner prescribed by the tenance or significant modifications on Administrator and may be submitted the airplane at a maintenance facility to any FAA office. located in the contiguous 48 States; (c) A certificate of waiver is effective (5) To deliver the airplane to an oper- as specified in that certificate of waiv- ator leasing the airplane from the er. owner or return the airplane to the les- [Doc. No. 18334, 54 FR 34325, Aug. 18, 1989] sor; (6) To prepare, park, or store the air- § 91.905 List of rules subject to waiv- plane in anticipation of any of the ac- ers. tivities described in paragraphs (a)(1) Sec. through (a)(5) of this section; 91.107 Use of safety belts. (7) To provide transport of persons 91.111 Operating near other aircraft. and goods in the relief of an emergency 91.113 Right-of-way rules: Except water operations. situation; or 91.115 Right-of-way rules: Water operations. (8) To divert the airplane to an alter- 91.117 Aircraft speed. native airport in the 48 contiguous 91.119 Minimum safe altitudes: General. States on account of weather, mechan- 91.121 Altimeter settings. ical, fuel, air traffic control, or other 91.123 Compliance with ATC clearances and safety reasons while conducting a instructions. flight in order to perform any of the 91.125 ATC light signals. 91.126 Operating on or in the vicinity of an activities described in paragraphs (a)(1) airport in Class G airspace. through (a)(7) of this section. 91.127 Operating on or in the vicinity of an (b) An operator of an affected air- airport in Class E airspace. plane may apply for a special flight au- 91.129 Operations in Class D airspace.

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91.130 Operations in Class C airspace. (2) The operation of a fractional own- 91.131 Operations in Class B airspace. ership program aircraft in a fractional 91.133 Restricted and prohibited areas. ownership program; and 91.135 Operations in Class A airspace. 91.137 Temporary flight restrictions. (3) The operation of a program air- 91.141 Flight restrictions in the proximity craft included in a fractional ownership of the Presidential and other parties. program managed by an affiliate of the 91.143 Flight limitation in the proximity of manager of the program to which the space flight operations. owner belongs. 91.153 VFR flight plan: Information re- (b) As used in this part— quired. (1) Affiliate of a program manager 91.155 Basic VFR weather minimums 91.157 Special VFR weather minimums. means a manager that, directly, or in- 91.159 VFR cruising altitude or flight level. directly, through one or more inter- 91.169 IFR flight plan: Information required. mediaries, controls, is controlled by, or 91.173 ATC clearance and flight plan re- is under common control with, another quired. program manager. The holding of at 91.175 Takeoff and landing under IFR. least forty percent (40 percent) of the 91.176 Operations below DA/DH or MDA equity and forty percent (40 percent) of using an enhanced flight vision system (EFVS) under IFR. the voting power of an entity will be 91.177 Minimum altitudes for IFR oper- presumed to constitute control for pur- ations. poses of determining an affiliation 91.179 IFR cruising altitude or flight level. under this subpart. 91.181 Course to be flown. (2) A dry-lease aircraft exchange means 91.183 IFR radio communications. an arrangement, documented by the 91.185 IFR operations: Two-way radio com- written program agreements, under munications failure. 91.187 Operation under IFR in controlled which the program aircraft are avail- airspace: Malfunction reports. able, on an as needed basis without 91.209 Aircraft lights. crew, to each fractional owner. 91.303 Aerobatic flights. (3) A fractional owner or owner means 91.305 Flight test areas. an individual or entity that possesses a 91.311 Towing: Other than under § 91.309. minimum fractional ownership interest 91.313(e) Restricted category civil aircraft: in a program aircraft and that has en- Operating limitations. 91.515 Flight altitude rules. tered into the applicable program 91.707 Flights between Mexico or Canada agreements; provided, however, that in and the United States. the case of the flight operations de- 91.713 Operation of civil aircraft of Cuban scribed in paragraph (b)(6)(ii) of this registry. section, and solely for purposes of re- [Doc. No. 18334, 54 FR 34325, Aug. 18, 1989, as quirements pertaining to those flight amended by Amdt. 91–227, 56 FR 65661, Dec. operations, the fractional owner oper- 17, 1991; Docket FAA–2013–0485, Amdt. 91–345, ating the aircraft will be deemed to be 81 FR 90175, Dec. 13, 2016; Docket FAA–2016– a fractional owner in the program man- 9154, Amdt. 91–348, 82 FR 39664, Aug. 22, 2017] aged by the affiliate. (4) A fractional ownership interest §§ 91.907–91.999 [Reserved] means the ownership of an interest or holding of a multi-year leasehold inter- Subpart K—Fractional Ownership est and/or a multi-year leasehold inter- Operations est that is convertible into an ownership interest in a program aircraft. SOURCE: Docket No. FAA–2001–10047, 68 FR (5) A fractional ownership program or 54561, Sept. 17, 2003, unless otherwise noted. program means any system of aircraft ownership and exchange that consists § 91.1001 Applicability. of all of the following elements: (a) This subpart prescribes rules, in (i) The provision for fractional own- addition to those prescribed in other ership program management services subparts of this part, that apply to by a single fractional ownership pro- fractional owners and fractional owner- gram manager on behalf of the frac- ship program managers governing— tional owners. (1) The provision of program manage- (ii) Two or more airworthy aircraft. ment services in a fractional ownership (iii) One or more fractional owners program; per program aircraft, with at least one

797

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program aircraft having more than one (ii) Employment, furnishing, or con- owner. tracting of pilots and other crew- (iv) Possession of at least a minimum members; fractional ownership interest in one or (iii) Training and qualification of pi- more program aircraft by each frac- lots and other crewmembers and per- tional owner. sonnel; (v) A dry-lease aircraft exchange ar- (iv) Scheduling and coordination of rangement among all of the fractional the program aircraft and crews; owners. (v) Maintenance of program aircraft; (vi) Multi-year program agreements covering the fractional ownership, (vi) Satisfaction of recordkeeping re- fractional ownership program manage- quirements; ment services, and dry-lease aircraft (vii) Development and use of a pro- exchange aspects of the program. gram operations manual and proce- (6) A fractional ownership program air- dures; and craft or program aircraft means: (viii) Application for and mainte- (i) An aircraft in which a fractional nance of management specifications owner has a minimal fractional owner- and other authorizations and approv- ship interest and that has been in- als. cluded in the dry-lease aircraft ex- (9) A fractional ownership program change pursuant to the program agree- manager or program manager means the ments, or entity that offers fractional ownership (ii) In the case of a fractional owner program management services to frac- from one program operating an aircraft tional owners, and is designated in the in a different fractional ownership pro- multi-year program agreements ref- gram managed by an affiliate of the op- erenced in paragraph (b)(1)(v) of this erating owner’s program manager, the section to fulfill the requirements of aircraft being operated by the frac- this chapter applicable to the manager tional owner, so long as the aircraft is: of the program containing the aircraft (A) Included in the fractional owner- being flown. When a fractional owner is ship program managed by the affiliate of the operating owner’s program man- operating an aircraft in a fractional ager, and ownership program managed by an af- (B) Included in the operating owner’s filiate of the owner’s program man- program’s dry-lease aircraft exchange ager, the references in this subpart to pursuant to the program agreements of the flight-related responsibilities of the operating owner’s program. the program manager apply, with re- (iii) An aircraft owned in whole or in spect to that particular flight, to the part by the program manager that has affiliate of the owner’s program man- been included in the dry-lease aircraft ager rather than to the owner’s pro- exchange and is used to supplement gram manager. program operations. (10) A minimum fractional ownership (7) A Fractional Ownership Program interest means— Flight or Program Flight means a flight (i) A fractional ownership interest under this subpart when one or more equal to, or greater than, one-sixteenth passengers or property designated by a (1⁄16) of at least one subsonic, fixed-wing fractional owner are on board the air- or powered-lift program aircraft; or craft. (ii) A fractional ownership interest (8) Fractional ownership program man- equal to, or greater than, one-thirty- agement services or program management second (1⁄32) of at least one rotorcraft services mean administrative and aviation support services furnished in ac- program aircraft. cordance with the applicable require- (c) The rules in this subpart that ments of this subpart or provided by refer to a fractional owner or a frac- the program manager on behalf of the tional ownership program manager fractional owners, including, but not also apply to any person who engages limited to, the— in an operation governed by this sub- (i) Establishment and implementa- part without the management speci- tion of program safety guidelines; fications required by this subpart.

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§ 91.1002 Compliance date. program aircraft must not exceed the No person that conducted flights be- total hours associated with the frac- fore November 17, 2003 under a program tional owner’s share of ownership. that meets the definition of fractional (c) No person may sell or lease an air- ownership program in § 91.1001 may craft interest in a fractional ownership conduct such flights after February 17, program that is smaller than that pre- 2005 unless it has obtained manage- scribed in the definition of ‘‘minimum ment specifications under this subpart. fractional ownership interest’’ in § 91.1001(b)(10) unless flights associated [Doc. No. FAA–2001–10047, 68 FR 54561, Sept. with that interest are operated under 17, 2003; 69 FR 74413, Dec. 14, 2004] part 121 or 135 of this chapter and are § 91.1003 Management contract be- conducted by an air carrier or commer- tween owner and program man- cial operator certificated under part ager. 119 of this chapter. Each owner must have a contract with the program manager that— § 91.1007 Flights conducted under part 121 or part 135 of this chapter. (a) Requires the program manager to ensure that the program conforms to (a) Except as provided in § 91.501(b), all applicable requirements of this when a nonprogram aircraft is used to chapter. substitute for a program flight, the (b) Provides the owner the right to flight must be operated in compliance inspect and to audit, or have a designee with part 121 or part 135 of this chap- of the owner inspect and audit, the ter, as applicable. records of the program manager per- (b) A program manager who holds a taining to the operational safety of the certificate under part 119 of this chap- program and those records required to ter may conduct a flight for the use of show compliance with the management a fractional owner under part 121 or specifications and all applicable regu- part 135 of this chapter if the aircraft is lations. These records include, but are listed on that certificate holder’s oper- not limited to, the management speci- ations specifications for part 121 or fications, authorizations, approvals, part 135, as applicable. manuals, log books, and maintenance (c) The fractional owner must be in- records maintained by the program formed when a flight is being con- manager. ducted as a program flight or is being (c) Designates the program manager conducted under part 121 or part 135 of as the owner’s agent to receive service this chapter. of notices pertaining to the program that the FAA seeks to provide to own- OPERATIONAL CONTROL ers and authorizes the FAA to send such notices to the program manager § 91.1009 Clarification of operational in its capacity as the agent of the control. owner for such service. (a) An owner is in operational control (d) Acknowledges the FAA’s right to of a program flight when the owner— contact the owner directly if the Ad- ministrator determines that direct (1) Has the rights and is subject to contact is necessary. the limitations set forth in §§ 91.1003 through 91.1013; § 91.1005 Prohibitions and limitations. (2) Has directed that a program air- (a) Except as provided in § 91.321 or craft carry passengers or property des- § 91.501, no owner may carry persons or ignated by that owner; and property for compensation or hire on a (3) The aircraft is carrying those pas- program flight. sengers or property. (b) During the term of the multi-year (b) An owner is not in operational program agreements under which a control of a flight in the following cir- fractional owner has obtained a min- cumstances: imum fractional ownership interest in (1) A program aircraft is used for a a program aircraft, the flight hours flight for administrative purposes such used during that term by the owner on as demonstration, positioning,

799

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ferrying, maintenance, or crew train- sibilities and liabilities under the pro- ing, and no passengers or property des- gram. These include: ignated by such owner are being car- (1) Responsibility for compliance ried; or with the management specifications (2) The aircraft being used for the and all applicable regulations. flight is being operated under part 121 (2) Enforcement actions for any non- or 135 of this chapter. compliance. (3) Liability risk in the event of a § 91.1011 Operational control respon- flight-related occurrence that causes sibilities and delegation. personal injury or property damage. (a) Each owner in operational control (b) The fractional owner’s signature of a program flight is ultimately re- on the acknowledgment will serve as sponsible for safe operations and for the owner’s affirmation that the owner complying with all applicable require- has read, understands, and accepts the ments of this chapter, including those operational control responsibilities de- related to airworthiness and operations scribed in the acknowledgment. in connection with the flight. Each (c) Each program manager must en- owner may delegate some or all of the sure that the fractional owner or own- performance of the tasks associated er’s representatives have access to the with carrying out this responsibility to acknowledgments for such owner’s pro- the program manager, and may rely on gram aircraft. Each program manager the program manager for aviation ex- must ensure that the FAA has access pertise and program management serv- to the acknowledgments for all pro- ices. When the owner delegates per- gram aircraft. formance of tasks to the program manager or relies on the program man- PROGRAM MANAGEMENT ager’s expertise, the owner and the program manager are jointly and individ- § 91.1014 Issuing or denying manage- ually responsible for compliance. ment specifications. (b) The management specifications, (a) A person applying to the Adminis- authorizations, and approvals required trator for management specifications by this subpart are issued to, and in under this subpart must submit an ap- the sole name of, the program manager plication— on behalf of the fractional owners col- (1) In a form and manner prescribed lectively. The management specifica- by the Administrator; and tions, authorizations, and approvals (2) Containing any information the will not be affected by any change in Administrator requires the applicant ownership of a program aircraft, as to submit. long as the aircraft remains a program (b) Management specifications will aircraft in the identified program. be issued to the program manager on behalf of the fractional owners if, after § 91.1013 Operational control briefing investigation, the Administrator finds and acknowledgment. that the applicant: (a) Upon the signing of an initial pro- (1) Meets the applicable requirements gram management services contract, of this subpart; and or a renewal or extension of a program (2) Is properly and adequately management services contract, the equipped in accordance with the re- program manager must brief the frac- quirements of this chapter and is able tional owner on the owner’s oper- to conduct safe operations under appro- ational control responsibilities, and priate provisions of part 91 of this the owner must review and sign an ac- chapter and management specifica- knowledgment of these operational tions issued under this subpart. control responsibilities. The acknowl- (c) An application for management edgment must be included with the specifications will be denied if the Ad- program management services con- ministrator finds that the applicant is tract. The acknowledgment must de- not properly or adequately equipped or fine when a fractional owner is in oper- is not able to conduct safe operations ational control and the owner’s respon- under this part.

800

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§ 91.1015 Management specifications. manager shall make this list of owners (a) Each person conducting oper- available for inspection by the Admin- ations under this subpart or furnishing istrator. fractional ownership program manage- (c) Management specifications issued ment services to fractional owners under this subpart are effective un- must do so in accordance with manage- less— ment specifications issued by the Ad- (1) The management specifications ministrator to the fractional ownership are amended as provided in § 91.1017; or program manager under this subpart. (2) The Administrator suspends or re- Management specifications must in- vokes the management specifications. clude: (d) At least 30 days before it proposes (1) The current list of all fractional to establish or change the location of owners and types of aircraft, registra- its principal base of operations, its tion markings and serial numbers; main operations base, or its main (2) The authorizations, limitations, maintenance base, a program manager and certain procedures under which must provide written notification to these operations are to be conducted, the Flight Standards office that issued (3) Certain other procedures under the program manager’s management which each class and size of aircraft is specifications. to be operated; (e) Each program manager must (4) Authorization for an inspection maintain a complete and separate set program approved under § 91.1109, in- of its management specifications at its cluding the type of aircraft, the reg- principal base of operations, or at a istration markings and serial numbers place approved by the Administrator, of each aircraft to be operated under and must make its management speci- the program. No person may conduct fications available for inspection by any program flight using any aircraft the Administrator and the fractional not listed. owner(s) to whom the program man- (5) Time limitations, or standards for ager furnishes its services for review determining time limitations, for over- and audit. hauls, inspections, and checks for air- (f) Each program manager must in- frames, engines, propellers, rotors, ap- sert pertinent excerpts of its manage- pliances, and emergency equipment of ment specifications, or references aircraft. thereto, in its program manual and (6) The specific location of the pro- must— gram manager’s principal base of operations and, if different, the address (1) Clearly identify each such excerpt that will serve as the primary point of as a part of its management specifica- contact for correspondence between the tions; and FAA and the program manager and the (2) State that compliance with each name and mailing address of the pro- management specifications require- gram manager’s agent for service; ment is mandatory. (7) Other business names the program (g) Each program manager must keep manager may use; each of its employees and other persons (8) Authorization for the method of who perform duties material to its op- controlling weight and balance of air- erations informed of the provisions of craft; its management specifications that (9) Any authorized deviation and ex- apply to that employee’s or person’s emption granted from any requirement duties and responsibilities. of this chapter; and (h) A program manager may obtain (10) Any other information the Ad- approval to provide a temporary docu- ministrator determines is necessary. ment verifying a flightcrew member’s (b) The program manager may keep airman certificate and medical certifi- the current list of all fractional owners cate privileges under an approved cer- required by paragraph (a)(1) of this sec- tificate verification plan set forth in tion at its principal base of operation the program manager’s management or other location approved by the Ad- specifications. A document provided by ministrator and referenced in its man- the program manager may be carried agement specifications. Each program as an airman certificate or medical

801

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certificate on flights within the United ment specifications finds under para- States for up to 72 hours. graph (e) of this section that there is an emergency requiring immediate ac- [Docket No. FAA–2001–10047, 68 FR 54561, Sept. 17, 2003, as amended by Docket FAA– tion with respect to safety; or 2018–0119, Amdt. 91–350, 83 FR 9171, Mar. 5, (ii) The program manager petitions 2018; Amdt. 60–6, 83 FR 30282, June 27, 2018] for reconsideration of the amendment under paragraph (d) of this section. § 91.1017 Amending program man- (c) When the program manager ap- ager’s management specifications. plies for an amendment to its manage- (a) The Administrator may amend ment specifications, the following pro- any management specifications issued cedure applies: under this subpart if— (1) The program manager must file (1) The Administrator determines an application to amend its manage- that safety and the public interest re- ment specifications— quire the amendment of any manage- (i) At least 90 days before the date ment specifications; or proposed by the applicant for the (2) The program manager applies for amendment to become effective, unless the amendment of any management a shorter time is approved, in cases specifications, and the Administrator such as mergers, acquisitions of oper- determines that safety and the public ational assets that require an addi- interest allows the amendment. tional showing of safety (for example, (b) Except as provided in paragraph proving tests or validation tests), and (e) of this section, when the Adminis- resumption of operations following a trator initiates an amendment of a pro- suspension of operations as a result of gram manager’s management specifica- bankruptcy actions. tions, the following procedure applies: (ii) At least 15 days before the date (1) The Flight Standards office that proposed by the applicant for the issued the program manager’s manage- amendment to become effective in all ment specifications will notify the pro- other cases. gram manager in writing of the pro- (2) The application must be sub- posed amendment. mitted to the Flight Standards office (2) The Flight Standards office that that issued the program manager’s issued the program manager’s manage- management specifications in a form ment specifications will set a reason- and manner prescribed by the Adminis- able period (but not less than 7 days) trator. within which the program manager (3) After considering all material pre- may submit written information, sented, the Flight Standards office views, and arguments on the amend- that issued the program manager’s ment. management specifications will notify (3) After considering all material pre- the program manager of— sented, the Flight Standards office (i) The adoption of the applied for that issued the program manager’s amendment; management specifications will notify (ii) The partial adoption of the ap- the program manager of— plied for amendment; or (i) The adoption of the proposed (iii) The denial of the applied for amendment, amendment. The program manager (ii) The partial adoption of the pro- may petition for reconsideration of a posed amendment, or denial under paragraph (d) of this sec- (iii) The withdrawal of the proposed tion. amendment. (4) If the Flight Standards office that (4) If the Flight Standards office that issued the program manager’s manage- issued the program manager’s management specifications approves the ment specifications issues an amend- amendment, following coordination ment of the management specifica- with the program manager regarding tions, it becomes effective not less its implementation, the amendment is than 30 days after the program man- effective on the date the Administrator ager receives notice of it unless— approves it. (i) The Flight Standards office that (d) When a program manager seeks issued the program manager’s manage- reconsideration of a decision of the

802

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Flight Standards office that issued the § 91.1019 Conducting tests and inspec- program manager’s management speci- tions. fications concerning the amendment of (a) At any time or place, the Admin- management specifications, the fol- istrator may conduct an inspection or lowing procedure applies: test, other than an en route inspection, (1) The program manager must peti- to determine whether a program man- tion for reconsideration of that deci- ager under this subpart is complying sion within 30 days of the date that the with title 49 of the United States Code, program manager receives a notice of applicable regulations, and the pro- denial of the amendment of its man- gram manager’s management specifica- agement specifications, or of the date tions. it receives notice of an FAA-initiated (b) The program manager must— amendment of its management speci- (1) Make available to the Adminis- fications, whichever circumstance ap- trator at the program manager’s prin- plies. cipal base of operations, or at a place (2) The program manager must ad- approved by the Administrator, the dress its petition to the Executive Di- program manager’s management speci- rector, Flight Standards Service. fications; and (3) A petition for reconsideration, if (2) Allow the Administrator to make filed within the 30-day period, suspends any test or inspection, other than an the effectiveness of any amendment en route inspection, to determine com- issued by the Flight Standards office pliance respecting any matter stated in that issued the program manager’s paragraph (a) of this section. management specifications unless that (c) Each employee of, or person used office has found, under paragraph (e) of by, the program manager who is re- this section, that an emergency exists sponsible for maintaining the program requiring immediate action with re- manager’s records required by or nec- spect to safety. essary to demonstrate compliance with (4) If a petition for reconsideration is this subpart must make those records not filed within 30 days, the procedures available to the Administrator. of paragraph (c) of this section apply. (d) The Administrator may deter- (e) If the Flight Standards office that mine a program manager’s continued issued the program manager’s manage- eligibility to hold its management ment specifications finds that an emer- specifications on any grounds listed in gency exists requiring immediate ac- paragraph (a) of this section, or any tion with respect to safety that makes other appropriate grounds. the procedures set out in this section (e) Failure by any program manager impracticable or contrary to the public to make available to the Administrator interest— upon request, the management speci- (1) The Flight Standards office fications, or any required record, docu- amends the management specifications ment, or report is grounds for suspen- and makes the amendment effective on sion of all or any part of the program the day the program manager receives manager’s management specifications. notice of it; and (2) In the notice to the program man- § 91.1021 Internal safety reporting and ager, the Flight Standards office will incident/accident response. articulate the reasons for its finding (a) Each program manager must es- that an emergency exists requiring im- tablish an internal anonymous safety mediate action with respect to safety reporting procedure that fosters an en- or that makes it impracticable or con- vironment of safety without any poten- trary to the public interest to stay the tial for retribution for filing the re- effectiveness of the amendment. port. [Docket No. FAA–2001–10047, 68 FR 54561, (b) Each program manager must es- Sept. 17, 2003, as amended by Docket FAA– tablish procedures to respond to an 2018–0119, Amdt. 91–350, 83 FR 9171, Mar. 5, aviation incident/accident. 2018]

803

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§ 91.1023 Program operating manual nishes all or part of the manual in requirements. other than printed form, it must en- (a) Each program manager must pre- sure there is a compatible reading de- pare and keep current a program oper- vice available to those persons that ating manual setting forth procedures provides a legible image of the mainte- and policies acceptable to the Adminis- nance information and instructions, or trator. The program manager’s man- a system that is able to retrieve the agement, flight, ground, and mainte- maintenance information and instruc- nance personnel must use this manual tions in the English language. to conduct operations under this sub- (h) If a program manager conducts part. However, the Administrator may aircraft inspections or maintenance at authorize a deviation from this para- specified facilities where the approved graph if the Administrator finds that, aircraft inspection program is avail- because of the limited size of the operable, the program manager is not re- ation, part of the manual is not nec- quired to ensure that the approved air- essary for guidance of management, craft inspection program is carried flight, ground, or maintenance per- aboard the aircraft en route to those sonnel. facilities. (b) Each program manager must (i) Program managers that are also maintain at least one copy of the man- certificated to operate under part 121 ual at its principal base of operations. or 135 of this chapter may be author- (c) No manual may be contrary to ized to use the operating manual re- any applicable U.S. regulations, foreign quired by those parts to meet the man- regulations applicable to the program ual requirements of subpart K, pro- flights in foreign countries, or the provided: gram manager’s management specifica- (1) The policies and procedures are tions. consistent for both operations, or (d) The program manager must make (2) When policies and procedures are a copy of the manual, or appropriate different, the applicable policies and portions of the manual (and changes procedures are identified and used. and additions), available to its maintenance and ground operations personnel § 91.1025 Program operating manual and must furnish the manual to— contents. (1) Its crewmembers; and Each program operating manual (2) Representatives of the Adminis- must have the date of the last revision trator assigned to the program man- on each revised page. Unless otherwise ager. authorized by the Administrator, the (e) Each employee of the program manual must include the following: manager to whom a manual or appro- (a) Procedures for ensuring compli- priate portions of it are furnished ance with aircraft weight and balance under paragraph (d)(1) of this section limitations; must keep it up-to-date with the (b) Copies of the program manager’s changes and additions furnished to management specifications or appro- them. priate extracted information, including (f) Except as provided in paragraph area of operations authorized, category (h) of this section, the appropriate and class of aircraft authorized, crew parts of the manual must be carried on complements, and types of operations each aircraft when away from the prin- authorized; cipal operations base. The appropriate (c) Procedures for complying with ac- parts must be available for use by cident notification requirements; ground or flight personnel. (d) Procedures for ensuring that the (g) For the purpose of complying pilot in command knows that required with paragraph (d) of this section, a airworthiness inspections have been program manager may furnish the per- made and that the aircraft has been ap- sons listed therein with all or part of proved for return to service in compli- its manual in printed form or other ance with applicable maintenance re- form, acceptable to the Administrator, quirements; that is retrievable in the English lan- (e) Procedures for reporting and re- guage. If the program manager fur- cording mechanical irregularities that

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come to the attention of the pilot in procedures as supplied by the aircraft command before, during, and after manufacturer; completion of a flight; (3) Airport facilities and topography; (f) Procedures to be followed by the (4) Runway conditions (including pilot in command for determining that contamination); mechanical irregularities or defects re- (5) Airport or area weather reporting; ported for previous flights have been (6) Appropriate additional runway corrected or that correction of certain safety margins, if required; mechanical irregularities or defects (7) Airplane inoperative equipment; have been deferred; (8) Environmental conditions; and (g) Procedures to be followed by the (9) Other criteria that affect aircraft pilot in command to obtain mainte- performance. nance, preventive maintenance, and (p) A suitable system (which may in- servicing of the aircraft at a place clude a coded or electronic system) where previous arrangements have not that provides for preservation and re- been made by the program manager or trieval of maintenance recordkeeping owner, when the pilot is authorized to information required by § 91.1113 in a so act for the operator; manner acceptable to the Adminis- (h) Procedures under § 91.213 for the trator that provides— release of, and continuation of flight if (1) A description (or reference to date any item of equipment required for the acceptable to the Administrator) of the particular type of operation becomes work performed: inoperative or unserviceable en route; (2) The name of the person per- (i) Procedures for refueling aircraft, forming the work if the work is per- eliminating fuel contamination, pro- formed by a person outside the organi- tecting from fire (including electro- zation of the program manager; and static protection), and supervising and (3) The name or other positive identi- protecting passengers during refueling; fication of the individual approving the (j) Procedures to be followed by the work. pilot in command in the briefing under (q) Flight locating and scheduling § 91.1035. procedures; and (k) Procedures for ensuring compli- (r) Other procedures and policy in- ance with emergency procedures, instructions regarding program oper- cluding a list of the functions assigned ations that are issued by the program each category of required crew- manager or required by the Adminis- members in connection with an emer- trator. gency and emergency evacuation duties; § 91.1027 Recordkeeping. (l) The approved aircraft inspection (a) Each program manager must keep program, when applicable; at its principal base of operations or at (m) Procedures for the evacuation of other places approved by the Adminis- persons who may need the assistance of trator, and must make available for in- another person to move expeditiously spection by the Administrator all of to an exit if an emergency occurs; the following: (n) Procedures for performance plan- (1) The program manager’s manage- ning that take into account take off, ment specifications. landing and en route conditions; (2) A current list of the aircraft used (o) An approved Destination Airport or available for use in operations under Analysis, when required by § 91.1037(c), this subpart, the operations for which that includes the following elements, each is equipped (for example, RNP5/10, supported by aircraft performance data RVSM.). supplied by the aircraft manufacturer (3) An individual record of each pilot for the appropriate runway condi- used in operations under this subpart, tions— including the following information: (1) Pilot qualifications and experi- (i) The full name of the pilot. ence; (ii) The pilot certificate (by type and (2) Aircraft performance data to in- number) and ratings that the pilot clude normal, abnormal and emergency holds.

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(iii) The pilot’s aeronautical experi- (c) Each program manager is respon- ence in sufficient detail to determine sible for the preparation and accuracy the pilot’s qualifications to pilot air- of a load manifest in duplicate con- craft in operations under this subpart. taining information concerning the (iv) The pilot’s current duties and the loading of the aircraft. The manifest date of the pilot’s assignment to those must be prepared before each takeoff duties. and must include— (v) The effective date and class of the (1) The number of passengers; medical certificate that the pilot (2) The total weight of the loaded air- holds. craft; (vi) The date and result of each of the (3) The maximum allowable takeoff initial and recurrent competency tests weight for that flight; and proficiency checks required by this (4) The center of gravity limits; subpart and the type of aircraft flown (5) The center of gravity of the load- during that test or check. ed aircraft, except that the actual cen- (vii) The pilot’s flight time in suffi- ter of gravity need not be computed if cient detail to determine compliance the aircraft is loaded according to a with the flight time limitations of this loading schedule or other approved subpart. method that ensures that the center of gravity of the loaded aircraft is within (viii) The pilot’s check pilot author- approved limits. In those cases, an ization, if any. entry must be made on the manifest in- (ix) Any action taken concerning the dicating that the center of gravity is pilot’s release from employment for within limits according to a loading physical or professional disqualifica- schedule or other approved method; tion; and (6) The registration number of the (x) The date of the satisfactory com- aircraft or flight number; pletion of initial, transition, upgrade, (7) The origin and destination; and and differences training and each re- (8) Identification of crewmembers current training phase required by this and their crew position assignments. subpart. (d) The pilot in command of the air- (4) An individual record for each craft for which a load manifest must be flight attendant used in operations prepared must carry a copy of the com- under this subpart, including the fol- pleted load manifest in the aircraft to lowing information: its destination. The program manager (i) The full name of the flight attend- must keep copies of completed load ant, and manifest for at least 30 days at its prin- (ii) The date and result of training cipal operations base, or at another lo- required by § 91.1063, as applicable. cation used by it and approved by the (5) A current list of all fractional Administrator. owners and associated aircraft. This (e) Each program manager is respon- list or a reference to its location must sible for providing a written document be included in the management speci- that states the name of the entity hav- fications and should be of sufficient de- ing operational control on that flight tail to determine the minimum frac- and the part of this chapter under tional ownership interest of each air- which the flight is operated. The pilot craft. in command of the aircraft must carry (b) Each program manager must keep a copy of the document in the aircraft each record required by paragraph to its destination. The program man- (a)(2) of this section for at least 6 ager must keep a copy of the document months, and must keep each record re- for at least 30 days at its principal op- quired by paragraphs (a)(3) and (a)(4) of erations base, or at another location this section for at least 12 months. used by it and approved by the Admin- When an employee is no longer em- istrator. ployed or affiliated with the program (f) Records may be kept either in manager or fractional owner, each paper or other form acceptable to the record required by paragraphs (a)(3) Administrator. and (a)(4) of this section must be re- (g) Program managers that are also tained for at least 12 months. certificated to operate under part 121

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or 135 of this chapter may satisfy the § 91.1033 Operating information re- recordkeeping requirements of this sec- quired. tion and of § 91.1113 with records main- (a) Each program manager must, for tained to fulfill equivalent obligations all program operations, provide the fol- under part 121 or 135 of this chapter. lowing materials, in current and appro- [Docket No. FAA–2001–10047, 68 FR 54561, priate form, accessible to the pilot at Sept. 17, 2003, as amended by Docket FAA– the pilot station, and the pilot must 2016–9154, Amdt. 91–348, 82 FR 39664, Aug. 22, use them— 2017] (1) A cockpit checklist; (2) For multiengine aircraft or for § 91.1029 Flight scheduling and locating requirements. aircraft with retractable landing gear, an emergency cockpit checklist con- (a) Each program manager must es- taining the procedures required by tablish and use an adequate system to paragraph (c) of this section, as appro- schedule and release program aircraft. priate; (b) Except as provided in paragraph (3) At least one set of pertinent aero- (d) of this section, each program man- nautical charts; and ager must have adequate procedures es- (4) For IFR operations, at least one tablished for locating each flight, for set of pertinent navigational en route, which a flight plan is not filed, that— terminal area, and instrument ap- (1) Provide the program manager proach procedure charts. with at least the information required (b) Each cockpit checklist required to be included in a VFR flight plan; by paragraph (a)(1) of this section must (2) Provide for timely notification of contain the following procedures: an FAA facility or search and rescue (1) Before starting engines; facility, if an aircraft is overdue or missing; and (2) Before takeoff; (3) Provide the program manager (3) Cruise; with the location, date, and estimated (4) Before landing; time for reestablishing radio or tele- (5) After landing; and phone communications, if the flight (6) Stopping engines. will operate in an area where commu- (c) Each emergency cockpit checklist nications cannot be maintained. required by paragraph (a)(2) of this sec- (c) Flight locating information must tion must contain the following proce- be retained at the program manager’s dures, as appropriate: principal base of operations, or at (1) Emergency operation of fuel, hy- other places designated by the program draulic, electrical, and mechanical sys- manager in the flight locating proce- tems. dures, until the completion of the (2) Emergency operation of instru- flight. ments and controls. (d) The flight locating requirements (3) Engine inoperative procedures. of paragraph (b) of this section do not (4) Any other emergency procedures apply to a flight for which an FAA necessary for safety. flight plan has been filed and the flight plan is canceled within 25 nautical § 91.1035 Passenger awareness. miles of the destination airport. (a) Prior to each takeoff, the pilot in command of an aircraft carrying pas- § 91.1031 Pilot in command or second sengers on a program flight must en- in command: Designation required. sure that all passengers have been oral- (a) Each program manager must des- ly briefed on— ignate a— (1) Smoking: Each passenger must be (1) Pilot in command for each pro- briefed on when, where, and under what gram flight; and conditions smoking is prohibited. This (2) Second in command for each pro- briefing must include a statement, as gram flight requiring two pilots. appropriate, that the regulations re- (b) The pilot in command, as des- quire passenger compliance with light- ignated by the program manager, must ed passenger information signs and no remain the pilot in command at all smoking placards, prohibit smoking in times during that flight. lavatories, and require compliance

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with crewmember instructions with re- (f) The oral briefing required by para- gard to these items; graph (a) of this section must be sup- (2) Use of safety belts, shoulder har- plemented by printed cards that must nesses, and child restraint systems: Each be carried in the aircraft in locations passenger must be briefed on when, convenient for the use of each pas- where and under what conditions it is senger. The cards must— necessary to have his or her safety belt (1) Be appropriate for the aircraft on and, if installed, his or her shoulder which they are to be used; harness fastened about him or her, and (2) Contain a diagram of, and method if a child is being transported, the ap- of operating, the emergency exits; and propriate use of child restraint sys- (3) Contain other instructions nec- tems, if available. This briefing must essary for the use of emergency equip- include a statement, as appropriate, that the regulations require passenger ment on board the aircraft. compliance with the lighted passenger § 91.1037 Large transport category air- information sign and/or crewmember planes: Turbine engine powered; instructions with regard to these Limitations; Destination and alter- items; nate airports. (3) The placement of seat backs in an upright position before takeoff and (a) No program manager or any other landing; person may permit a turbine engine (4) Location and means for opening powered large transport category air- the passenger entry door and emer- plane on a program flight to take off gency exits; that airplane at a weight that (allow- (5) Location of survival equipment; ing for normal consumption of fuel and (6) Ditching procedures and the use of oil in flight to the destination or alter- flotation equipment required under nate airport) the weight of the airplane § 91.509 for a flight over water; on arrival would exceed the landing (7) The normal and emergency use of weight in the Airplane Flight Manual oxygen installed in the aircraft; and for the elevation of the destination or (8) Location and operation of fire ex- alternate airport and the ambient tem- tinguishers. perature expected at the time of land- (b) Prior to each takeoff, the pilot in ing. command of an aircraft carrying pas- (b) Except as provided in paragraph sengers on a program flight must en- (c) of this section, no program manager sure that each person who may need or any other person may permit a tur- the assistance of another person to bine engine powered large transport move expeditiously to an exit if an category airplane on a program flight emergency occurs and that person’s at- to take off that airplane unless its tendant, if any, has received a briefing weight on arrival, allowing for normal as to the procedures to be followed if consumption of fuel and oil in flight (in an evacuation occurs. This paragraph accordance with the landing distance does not apply to a person who has in the Airplane Flight Manual for the been given a briefing before a previous elevation of the destination airport and leg of that flight in the same aircraft. the wind conditions expected there at (c) Prior to each takeoff, the pilot in the time of landing), would allow a full command must advise the passengers of the name of the entity in oper- stop landing at the intended destina- ational control of the flight. tion airport within 60 percent of the ef- (d) The oral briefings required by fective length of each runway described paragraphs (a), (b), and (c) of this sec- below from a point 50 feet above the tion must be given by the pilot in com- intersection of the obstruction clear- mand or another crewmember. ance plane and the runway. For the (e) The oral briefing required by purpose of determining the allowable paragraph (a) of this section may be de- landing weight at the destination air- livered by means of an approved report, the following is assumed: cording playback device that is audible (1) The airplane is landed on the most to each passenger under normal noise favorable runway and in the most fa- levels. vorable direction, in still air.

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(2) The airplane is landed on the most point 50 feet above the intersection of suitable runway considering the prob- the obstruction clearance plane and able wind velocity and direction and the runway. the ground handling characteristics of (e) Unless, based on a showing of ac- that airplane, and considering other tual operating landing techniques on conditions such as landing aids and ter- wet runways, a shorter landing dis- rain. tance (but never less than that re- (c) A program manager or other per- quired by paragraph (b) or (c) of this son flying a turbine engine powered section) has been approved for a spe- large transport category airplane on a cific type and model airplane and in- program flight may permit that air- cluded in the Airplane Flight Manual, plane to take off at a weight in excess no person may take off a turbojet air- of that allowed by paragraph (b) of this plane when the appropriate weather re- section if all of the following condi- ports or forecasts, or any combination tions exist: of them, indicate that the runways at (1) The operation is conducted in ac- the destination or alternate airport cordance with an approved Destination may be wet or slippery at the esti- Airport Analysis in that person’s pro- mated time of arrival unless the effec- gram operating manual that contains tive runway length at the destination the elements listed in § 91.1025(o). airport is at least 115 percent of the (2) The airplane’s weight on arrival, runway length required under para- allowing for normal consumption of graph (b) or (c) of this section. fuel and oil in flight (in accordance with the landing distance in the Air- § 91.1039 IFR takeoff, approach and plane Flight Manual for the elevation landing minimums. of the destination airport and the wind (a) No pilot on a program aircraft op- conditions expected there at the time erating a program flight may begin an of landing), would allow a full stop instrument approach procedure to an landing at the intended destination air- airport unless— port within 80 percent of the effective length of each runway described below (1) Either that airport or the alter- from a point 50 feet above the intersec- nate airport has a weather reporting tion of the obstruction clearance plane facility operated by the U.S. National and the runway. For the purpose of de- Weather Service, a source approved by termining the allowable landing weight the U.S. National Weather Service, or a at the destination airport, the fol- source approved by the Administrator; lowing is assumed: and (i) The airplane is landed on the most (2) The latest weather report issued favorable runway and in the most fa- by the weather reporting facility in- vorable direction, in still air. cludes a current local altimeter setting (ii) The airplane is landed on the for the destination airport. If no local most suitable runway considering the altimeter setting is available at the probable wind velocity and direction destination airport, the pilot must ob- and the ground handling characteris- tain the current local altimeter setting tics of that airplane, and considering from a source provided by the facility other conditions such as landing aids designated on the approach chart for and terrain. the destination airport. (3) The operation is authorized by (b) For flight planning purposes, if management specifications. the destination airport does not have a (d) No program manager or other per- weather reporting facility described in son may select an airport as an alter- paragraph (a)(1) of this section, the nate airport for a turbine engine pow- pilot must designate as an alternate an ered large transport category airplane airport that has a weather reporting unless (based on the assumptions in facility meeting that criteria. paragraph (b) of this section) that air- (c) The MDA or Decision Altitude plane, at the weight expected at the and visibility landing minimums pre- time of arrival, can be brought to a full scribed in part 97 of this chapter or in stop landing within 80 percent of the the program manager’s management effective length of the runway from a specifications are increased by 100 feet

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and 1⁄2 mile respectively, but not to ex- airplane in operations under this part ceed the ceiling and visibility mini- in at least 25 hours of proving tests ac- mums for that airport when used as an ceptable to the Administrator includ- alternate airport, for each pilot in ing— command of a turbine-powered aircraft (1) Five hours of night time, if night who has not served at least 100 hours as flights are to be authorized; pilot in command in that type of air- (2) Five instrument approach proce- craft. dures under simulated or actual condi- (d) No person may take off an air- tions, if IFR flights are to be author- craft under IFR from an airport where ized; and weather conditions are at or above takeoff minimums but are below au- (3) Entry into a representative num- thorized IFR landing minimums unless ber of en route airports as determined there is an alternate airport within one by the Administrator. hour’s flying time (at normal cruising (c) No program manager may carry speed, in still air) of the airport of de- passengers in an aircraft during prov- parture. ing tests, except those needed to make (e) Except as provided in § 91.176 of the tests and those designated by the this chapter, each pilot making an IFR Administrator to observe the tests. takeoff or approach and landing at an However, pilot flight training may be airport must comply with applicable conducted during the proving tests. instrument approach procedures and (d) Validation testing is required to takeoff and landing weather minimums determine that a program manager is prescribed by the authority having ju- capable of conducting operations safely risdiction over the airport. In addition, and in compliance with applicable reg- no pilot may take off at that airport ulatory standards. Validation tests are when the visibility is less than 600 feet, required for the following authoriza- unless otherwise authorized in the pro- tions: gram manager’s management specifica- (1) The addition of an aircraft for tions for EFVS operations. which two pilots are required for oper- [Docket No. FAA–2001–10047, 68 FR 54561, ations under VFR or a turbojet air- Sept. 17, 2003, as amended by Docket FAA– plane, if that aircraft or an aircraft of 2013–0485, Amdt. 91–345, 81 FR 90175, Dec. 13, the same make or similar design has 2016] not been previously proved or validated § 91.1041 Aircraft proving and valida- in operations under this part. tion tests. (2) Operations outside U.S. airspace. (a) No program manager may permit (3) Class II navigation authoriza- the operation of an aircraft, other than tions. a turbojet aircraft, for which two pilots (4) Special performance or oper- are required by the type certification ational authorizations. requirements of this chapter for oper- (e) Validation tests must be accom- ations under VFR, if it has not pre- plished by test methods acceptable to viously proved such an aircraft in oper- the Administrator. Actual flights may ations under this part in at least 25 not be required when an applicant can hours of proving tests acceptable to the demonstrate competence and compli- Administrator including— ance with appropriate regulations (1) Five hours of night time, if night without conducting a flight. flights are to be authorized; (f) Proving tests and validation tests (2) Five instrument approach proce- may be conducted simultaneously dures under simulated or actual conditions, if IFR flights are to be author- when appropriate. ized; and (g) The Administrator may authorize (3) Entry into a representative num- deviations from this section if the Ad- ber of en route airports as determined ministrator finds that special cir- by the Administrator. cumstances make full compliance with (b) No program manager may permit this section unnecessary. the operation of a turbojet airplane if it has not previously proved a turbojet

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§ 91.1043 [Reserved] § 91.1047 Drug and alcohol misuse education program. § 91.1045 Additional equipment requirements. (a) Each program manager must provide each direct employee performing No person may operate a program flight crewmember, flight attendant, aircraft on a program flight unless the flight instructor, or aircraft mainte- aircraft is equipped with the fol- nance duties with drug and alcohol lowing— misuse education. (a) Airplanes having a passenger-seat configuration of more than 30 seats or (b) No program manager may use any a payload capacity of more than 7,500 contract employee to perform flight pounds: crewmember, flight attendant, flight (1) A cockpit voice recorder as re- instructor, or aircraft maintenance du- quired by § 121.359 of this chapter as ap- ties for the program manager unless plicable to the aircraft specified in that contract employee has been pro- that section. vided with drug and alcohol misuse (2) A flight recorder as required by education. § 121.343 or § 121.344 of this chapter as (c) Program managers must disclose applicable to the aircraft specified in to their owners and prospective owners that section. the existence of a company drug and (3) A terrain awareness and warning alcohol misuse testing program. If the system as required by § 121.354 of this program manager has implemented a chapter as applicable to the aircraft company testing program, the program specified in that section. manager’s disclosure must include the (4) A traffic alert and collision avoid- following: ance system as required by § 121.356 of (1) Information on the substances this chapter as applicable to the air- that they test for, for example, alcohol craft specified in that section. and a list of the drugs; (5) Airborne weather radar as re- (2) The categories of employees test- quired by § 121.357 of this chapter, as ed, the types of tests, for example, pre- applicable to the aircraft specified in employment, random, reasonable that section. cause/suspicion, post accident, return (b) Airplanes having a passenger-seat to duty and follow-up; and configuration of 30 seats or fewer, ex- (3) The degree to which the program cluding each crewmember, and a pay- manager’s company testing program is load capacity of 7,500 pounds or less, comparable to the federally mandated and any rotorcraft (as applicable): drug and alcohol testing program re- (1) A cockpit voice recorder as required under part 120 of this chapter required by § 135.151 of this chapter as ap- garding the information in paragraphs plicable to the aircraft specified in that section. (c)(1) and (c)(2) of this section. (2) A flight recorder as required by (d) If a program aircraft is operated § 135.152 of this chapter as applicable to on a program flight into an airport at the aircraft specified in that section. which no maintenance personnel are (3) A terrain awareness and warning available that are subject to the re- system as required by § 135.154 of this quirements of paragraphs (a) or (b) of chapter as applicable to the aircraft this section and emergency mainte- specified in that section. nance is required, the program man- (4) A traffic alert and collision avoid- ager may use persons not meeting the ance system as required by § 135.180 of requirements of paragraphs (a) or (b) of this chapter as applicable to the air- this section to provide such emergency craft specified in that section. maintenance under both of the fol- (5) As applicable to the aircraft speci- lowing conditions: fied in that section, either: (1) The program manager must notify (i) Airborne thunderstorm detection the Drug Abatement Program Division, equipment as required by § 135.173 of AAM–800, 800 Independence Avenue, this chapter; or SW., Washington, DC 20591 in writing (ii) Airborne weather radar as re- within 10 days after being provided quired by § 135.175 of this chapter. emergency maintenance in accordance

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with this paragraph. The program man- aircraft is flown in program operations ager must retain copies of all such with passengers onboard, the crew written notifications for two years. must consist of at least two qualified (2) The aircraft must be reinspected pilots employed or contracted by the by maintenance personnel who meet program manager or the fractional the requirements of paragraph (a) or owner. (b) of this section when the aircraft is (e) The program manager must en- next at an airport where such mainte- sure that trained and qualified sched- nance personnel are available. uling or flight release personnel are on (e) For purposes of this section, duty to schedule and release program emergency maintenance means main- aircraft during all hours that such air- tenance that— craft are available for program oper- (1) Is not scheduled, and ations. (2) Is made necessary by an aircraft condition not discovered prior to the § 91.1050 Employment of former FAA departure for that location. employees. (f) Notwithstanding paragraphs (a) (a) Except as specified in paragraph and (b) of this section, drug and alcohol (c) of this section, no fractional owner misuse education conducted under an or fractional ownership program man- FAA-approved drug and alcohol misuse ager may knowingly employ or make a prevention program may be used to contractual arrangement which per- satisfy these requirements. mits an individual to act as an agent or [Doc. No. FAA–2001–10047, 68 FR 54561, Sept. representative of the fractional owner 17, 2003, as amended by Amdt. 91–307, 74 FR or fractional ownership program man- 22653, May 14, 2009] ager in any matter before the Federal Aviation Administration if the indi- § 91.1049 Personnel. vidual, in the preceding 2 years— (a) Each program manager and each (1) Served as, or was directly respon- fractional owner must use in program sible for the oversight of, a Flight operations on program aircraft flight Standards Service aviation safety in- crews meeting § 91.1053 criteria and spector; and qualified under the appropriate regula- (2) Had direct responsibility to in- tions. The program manager must pro- spect, or oversee the inspection of, the vide oversight of those crews. operations of the fractional owner or (b) Each program manager must em- fractional ownership program manager. ploy (either directly or by contract) an (b) For the purpose of this section, an adequate number of pilots per program individual shall be considered to be aircraft. Flight crew staffing must be acting as an agent or representative of determined based on the following fac- a fractional owner or fractional owner- tors, at a minimum: ship program manager in a matter be- (1) Number of program aircraft. fore the agency if the individual makes (2) Program manager flight, duty, any written or oral communication on and rest time considerations, and in all behalf of the fractional owner or frac- cases within the limits set forth in tional ownership program manager to §§ 91.1057 through 91.1061. the agency (or any of its officers or em- (3) Vacations. ployees) in connection with a par- (4) Operational efficiencies. ticular matter, whether or not involv- (5) Training. ing a specific party and without regard (6) Single pilot operations, if author- to whether the individual has partici- ized by deviation under paragraph (d) pated in, or had responsibility for, the of this section. particular matter while serving as a (c) Each program manager must pub- Flight Standards Service aviation safe- lish pilot and flight attendant duty ty inspector. schedules sufficiently in advance to (c) The provisions of this section do follow the flight, duty, and rest time not prohibit a fractional owner or frac- limits in §§ 91.1057 through 91.1061 in tional ownership program manager program operations. from knowingly employing or making (d) Unless otherwise authorized by a contractual arrangement which per- the Administrator, when any program mits an individual to act as an agent or

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representative of the fractional owner (i) Pilot in command—A minimum of or fractional ownership program man- 1,500 hours. ager in any matter before the Federal (ii) Second in command—A minimum Aviation Administration if the indi- of 500 hours. vidual was employed by the fractional (2) For multi-engine turbine-powered owner or fractional ownership program fixed-wing and powered-lift aircraft, manager before October 21, 2011. the following FAA certification and [Doc. No. FAA–2008–1154, 76 FR 52235, Aug. 22, ratings requirements: 2011] (i) Pilot in command—Airline transport pilot and applicable type ratings. § 91.1051 Pilot safety background (ii) Second in command—Commercial check. pilot and instrument ratings. Within 90 days of an individual begin- (iii) Flight attendant (if required or ning service as a pilot, the program used)—Appropriately trained per- manager must request the following in- sonnel. formation: (3) For all other aircraft, the fol- (a) FAA records pertaining to— lowing FAA certification and rating re- (1) Current pilot certificates and as- quirements: sociated type ratings. (i) Pilot in command—Commercial (2) Current medical certificates. pilot and instrument ratings. (3) Summaries of legal enforcement (ii) Second in command—Commercial actions resulting in a finding by the pilot and instrument ratings. Administrator of a violation. (iii) Flight attendant (if required or (b) Records from all previous employ- used)—Appropriately trained per- ers during the five years preceding the sonnel. date of the employment application (b) The Administrator may authorize where the applicant worked as a pilot. deviations from paragraph (a)(1) of this If any of these firms are in bankruptcy, section if the Flight Standards office the records must be requested from the that issued the program manager’s trustees in bankruptcy for those em- management specifications finds that ployees. If the previous employer is no the crewmember has comparable expe- longer in business, a documented good rience, and can effectively perform the faith effort must be made to obtain the functions associated with the position records. Records from previous employ- in accordance with the requirements of ers must include, as applicable— this chapter. Grants of deviation under (1) Crew member records. this paragraph may be granted after (2) Drug testing—collection, testing, consideration of the size and scope of and rehabilitation records pertaining the operation, the qualifications of the to the individual. intended personnel and the cir- (3) Alcohol misuse prevention pro- cumstances set forth in § 91.1055(b)(1) gram records pertaining to the indi- through (3). The Administrator may, at vidual. any time, terminate any grant of devi- (4) The applicant’s individual record ation authority issued under this para- that includes certifications, ratings, graph. aeronautical experience, effective date [Docket No. FAA–2001–10047, 68 FR 54561, and class of the medical certificate. Sept. 17, 2003, as amended by Docket FAA– 2018–0119, Amdt. 91–350, 83 FR 9171, Mar. 5, § 91.1053 Crewmember experience. 2018] (a) No program manager or owner may use any person, nor may any per- § 91.1055 Pilot operating limitations son serve, as a pilot in command or and pairing requirement. second in command of a program air- (a) If the second in command of a craft, or as a flight attendant on a pro- fixed-wing program aircraft has fewer gram aircraft, in program operations than 100 hours of flight time as second under this subpart unless that person in command flying in the aircraft has met the applicable requirements of make and model and, if a type rating is part 61 of this chapter and has the fol- required, in the type aircraft being lowing experience and ratings: flown, and the pilot in command is not (1) Total flight time for all pilots: an appropriately qualified check pilot,

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the pilot in command shall make all craft types that require a separate type takeoffs and landings in any of the fol- rating. lowing situations: (1) Landings at the destination air- § 91.1057 Flight, duty and rest time report when a Destination Airport Anal- quirements: All crewmembers. ysis is required by § 91.1037(c); and (a) For purposes of this subpart— (2) In any of the following conditions: Augmented flight crew means at least (i) The prevailing visibility for the three pilots. airport is at or below 3⁄4 mile. Calendar day means the period of (ii) The runway visual range for the elapsed time, using Coordinated Uni- runway to be used is at or below 4,000 versal Time or local time that begins feet. at midnight and ends 24 hours later at (iii) The runway to be used has the next midnight. water, snow, slush, ice or similar con- Duty period means the period of tamination that may adversely affect elapsed time between reporting for an aircraft performance. assignment involving flight time and (iv) The braking action on the run- release from that assignment by the way to be used is reported to be less program manager. All time between than ‘‘good.’’ these two points is part of the duty pe- (v) The crosswind component for the riod, even if flight time is interrupted runway to be used is in excess of 15 by nonflight-related duties. The time is knots. calculated using either Coordinated (vi) Windshear is reported in the vi- Universal Time or local time to reflect cinity of the airport. the total elapsed time. (vii) Any other condition in which Extension of flight time means an in- the pilot in command determines it to crease in the flight time because of cir- be prudent to exercise the pilot in com- cumstances beyond the control of the mand’s authority. program manager or flight crew- (b) No program manager may release member (such as adverse weather) that a program flight under this subpart un- are not known at the time of departure less, for that aircraft make or model and that prevent the flightcrew from and, if a type rating is required, for reaching the destination within the that type aircraft, either the pilot in planned flight time. command or the second in command Flight attendant means an individual, has at least 75 hours of flight time, ei- other than a flight crewmember, who is ther as pilot in command or second in assigned by the program manager, in command. The Administrator may, accordance with the required minimum upon application by the program man- crew complement under the program ager, authorize deviations from the re- manager’s management specifications quirements of this paragraph by an ap- or in addition to that minimum com- propriate amendment to the manage- plement, to duty in an aircraft during ment specifications in any of the fol- flight time and whose duties include lowing circumstances: but are not necessarily limited to (1) A newly authorized program man- cabin-safety-related responsibilities. ager does not employ any pilots who Multi-time zone flight means an eas- meet the minimum requirements of terly or westerly flight or multiple this paragraph. flights in one direction in the same (2) An existing program manager duty period that results in a time zone adds to its fleet a new category and difference of 5 or more hours and is class aircraft not used before in its op- conducted in a geographic area that is eration. south of 60 degrees north latitude and (3) An existing program manager es- north of 60 degrees south latitude. tablishes a new base to which it assigns Reserve status means that status in pilots who will be required to become which a flight crewmember, by ar- qualified on the aircraft operated from rangement with the program manager: that base. Holds himself or herself fit to fly to the (c) No person may be assigned in the extent that this is within the control capacity of pilot in command in a pro- of the flight crewmember; remains gram operation to more than two air- within a reasonable response time of

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the aircraft as agreed between the sion of flight time under this para- flight crewmember and the program graph may not exceed the maximum manager; and maintains a ready means time limits set forth in § 91.1059. whereby the flight crewmember may be (f) Each flight assignment must pro- contacted by the program manager. vide for at least 10 consecutive hours of Reserve status is not part of any duty rest during the 24-hour period that pre- period or rest period. cedes the completion time of the as- Rest period means a period of time re- signment. quired pursuant to this subpart that is (g) The program manager must pro- free of all responsibility for work or vide each crewmember at least 13 rest duty prior to the commencement of, or periods of at least 24 consecutive hours following completion of, a duty period, each in each calendar quarter. and during which the flight crew- (h) A flight crewmember may decline member or flight attendant cannot be a flight assignment if, in the flight required to receive contact from the crewmember’s determination, to do so program manager. A rest period does would not be consistent with the stand- not include any time during which the ard of safe operation required under program manager imposes on a flight this subpart, this part, and applicable crewmember or flight attendant any provisions of this title. duty or restraint, including any actual (i) Any rest period required by this work or present responsibility for work subpart may occur concurrently with should the occasion arise. any other rest period. means that portion of a duty Standby (j) If authorized by the Adminis- period during which a flight crew- trator, a program manager may use the member is subject to the control of the applicable unscheduled flight time lim- program manager and holds himself or itations, duty period limitations, and herself in a condition of readiness to rest requirements of part 121 or part 135 undertake a flight. Standby is not part of this chapter instead of the flight of any rest period. time limitations, duty period limita- (b) A program manager may assign a tions, and rest requirements of this crewmember and a crewmember may subpart. accept an assignment for flight time only when the applicable requirements § 91.1059 Flight time limitations and of this section and §§ 91.1059–91.1062 are rest requirements: One or two pilot met. crews. (c) No program manager may assign (a) No program manager may assign any crewmember to any duty during any flight crewmember, and no flight any required rest period. crewmember may accept an assign- (d) Time spent in transportation, not ment, for flight time as a member of a local in character, that a program one- or two-pilot crew if that crew- manager requires of a crewmember and member’s total flight time in all com- provides to transport the crewmember mercial flying will exceed— to an airport at which he or she is to serve on a flight as a crewmember, or (1) 500 hours in any calendar quarter; from an airport at which he or she was (2) 800 hours in any two consecutive relieved from duty to return to his or calendar quarters; her home station, is not considered (3) 1,400 hours in any calendar year. part of a rest period. (b) Except as provided in paragraph (e) A flight crewmember may con- (c) of this section, during any 24 continue a flight assignment if the flight secutive hours the total flight time of to which he or she is assigned would the assigned flight, when added to any normally terminate within the flight commercial flying by that flight crew- time limitations, but because of cir- member, may not exceed— cumstances beyond the control of the (1) 8 hours for a flight crew con- program manager or flight crew- sisting of one pilot; or member (such as adverse weather con- (2) 10 hours for a flight crew conditions), is not at the time of departure sisting of two pilots qualified under expected to reach its destination with- this subpart for the operation being in the planned flight time. The exten- conducted.

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(c) No program manager may assign ment, if that crewmember’s flight time any flight crewmember, and no flight or duty period will exceed, or rest time crewmember may accept an assign- will be less than—

Normal duty Extension of flight time

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

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

3-Pilot crew 4-Pilot crew

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

§ 91.1062 Duty periods and rest re- no program manager may assign a quirements: Flight attendants. flight attendant to a scheduled duty (a) Except as provided in paragraph period of more than 14 hours. (b) of this section, a program manager (2) Except as provided in paragraph may assign a duty period to a flight at- (a)(3) of this section, a flight attendant tendant only when the assignment scheduled to a duty period of 14 hours meets the applicable duty period limi- or less as provided under paragraph tations and rest requirements of this (a)(1) of this section must be given a paragraph. scheduled rest period of at least 9 con- (1) Except as provided in paragraphs secutive hours. This rest period must (a)(4), (a)(5), and (a)(6) of this section, occur between the completion of the

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scheduled duty period and the com- given a scheduled rest period of at least mencement of the subsequent duty pe- 12 consecutive hours. This rest period riod. must occur between the completion of (3) The rest period required under the scheduled duty period and the com- paragraph (a)(2) of this section may be mencement of the subsequent duty pe- scheduled or reduced to 8 consecutive riod. hours if the flight attendant is pro- (8) The rest period required under vided a subsequent rest period of at paragraph (a)(7) of this section may be least 10 consecutive hours; this subse- scheduled or reduced to 10 consecutive quent rest period must be scheduled to hours if the flight attendant is pro- begin no later than 24 hours after the vided a subsequent rest period of at beginning of the reduced rest period least 14 consecutive hours; this subse- and must occur between the comple- quent rest period must be scheduled to tion of the scheduled duty period and begin no later than 24 hours after the the commencement of the subsequent beginning of the reduced rest period duty period. and must occur between the comple- (4) A program manager may assign a tion of the scheduled duty period and flight attendant to a scheduled duty the commencement of the subsequent period of more than 14 hours, but no duty period. more than 16 hours, if the program (9) Notwithstanding paragraphs manager has assigned to the flight or (a)(4), (a)(5), and (a)(6) of this section, if flights in that duty period at least one a program manager elects to reduce flight attendant in addition to the min- the rest period to 10 hours as author- imum flight attendant complement re- ized by paragraph (a)(8) of this section, quired for the flight or flights in that the program manager may not sched- duty period under the program man- ule a flight attendant for a duty period ager’s management specifications. of more than 14 hours during the 24- (5) A program manager may assign a hour period commencing after the be- flight attendant to a scheduled duty ginning of the reduced rest period. period of more than 16 hours, but no more than 18 hours, if the program (b) Notwithstanding paragraph (a) of manager has assigned to the flight or this section, a program manager may flights in that duty period at least two apply the flight crewmember flight flight attendants in addition to the time and duty limitations and rest re- minimum flight attendant complement quirements of this part to flight at- required for the flight or flights in that tendants for all operations conducted duty period under the program man- under this part provided that the pro- ager’s management specifications. gram manager establishes written pro- (6) A program manager may assign a cedures that— flight attendant to a scheduled duty (1) Apply to all flight attendants used period of more than 18 hours, but no in the program manager’s operation; more than 20 hours, if the scheduled (2) Include the flight crewmember duty period includes one or more rest and duty requirements of §§ 91.1057, flights that land or take off outside the 91.1059, and 91.1061, as appropriate to 48 contiguous states and the District of the operation being conducted, except Columbia, and if the program manager that rest facilities on board the air- has assigned to the flight or flights in craft are not required; that duty period at least three flight (3) Include provisions to add one attendants in addition to the minimum flight attendant to the minimum flight flight attendant complement required attendant complement for each flight for the flight or flights in that duty pe- crewmember who is in excess of the riod under the program manager’s minimum number required in the air- management specifications. craft type certificate data sheet and (7) Except as provided in paragraph who is assigned to the aircraft under (a)(8) of this section, a flight attendant the provisions of § 91.1061; and scheduled to a duty period of more (4) Are approved by the Adminis- than 14 hours but no more than 20 trator and described or referenced in hours, as provided in paragraphs (a)(4), the program manager’s management (a)(5), and (a)(6) of this section, must be specifications.

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§ 91.1063 Testing and training: Appli- fore they serve as pilot in command on cability and terms used. that aircraft. (a) Sections 91.1065 through 91.1107: (4) Differences training. The training required for crewmembers who have (1) Prescribe the tests and checks re- qualified and served on a particular quired for pilots and flight attendant type aircraft, when the Administrator crewmembers and for the approval of finds differences training is necessary check pilots in operations under this before a crewmember serves in the subpart; same capacity on a particular vari- (2) Prescribe the requirements for es- ation of that aircraft. tablishing and maintaining an ap- (5) Recurrent training. The training proved training program for crew- required for crewmembers to remain members, check pilots and instructors, adequately trained and currently pro- and other operations personnel em- ficient for each aircraft crewmember ployed or used by the program manager position, and type of operation in in program operations; which the crewmember serves. (3) Prescribe the requirements for the (6) In flight. The maneuvers, proce- qualification, approval and use of air- dures, or functions that will be con- craft simulators and flight training de- ducted in the aircraft. vices in the conduct of an approved (7) Training center. An organization training program; and governed by the applicable require- (4) Permits training center personnel ments of part 142 of this chapter that authorized under part 142 of this chap- conducts training, testing, and check- ter who meet the requirements of ing under contract or other arrange- § 91.1075 to conduct training, testing ment to program managers subject to and checking under contract or other the requirements of this subpart. arrangements to those persons subject (8) Requalification training. The train- to the requirements of this subpart. ing required for crewmembers pre- (b) If authorized by the Adminis- viously trained and qualified, but who trator, a program manager may com- have become unqualified because of not ply with the applicable training and having met within the required period testing sections of subparts N and O of any of the following: part 121 of this chapter instead of (i) Recurrent crewmember training §§ 91.1065 through 91.1107, except for the requirements of § 91.1107. operating experience requirements of (ii) Instrument proficiency check re- § 121.434 of this chapter. quirements of § 91.1069. (c) If authorized by the Adminis- (iii) Testing requirements of § 91.1065. trator, a program manager may com- (iv) Recurrent flight attendant test- ply with the applicable training and ing requirements of § 91.1067. testing sections of subparts G and H of part 135 of this chapter instead of § 91.1065 Initial and recurrent pilot §§ 91.1065 through 91.1107, except for the testing requirements. operating experience requirements of (a) No program manager or owner § 135.244 of this chapter. may use a pilot, nor may any person (d) For the purposes of this subpart, serve as a pilot, unless, since the begin- the following terms and definitions ning of the 12th month before that apply: service, that pilot has passed either a (1) Initial training. The training re- written or oral test (or a combination), quired for crewmembers who have not given by the Administrator or an au- qualified and served in the same capac- thorized check pilot, on that pilot’s ity on an aircraft. knowledge in the following areas— (2) Transition training. The training (1) The appropriate provisions of required for crewmembers who have parts 61 and 91 of this chapter and the qualified and served in the same capac- management specifications and the op- ity on another aircraft. erating manual of the program man- (3) Upgrade training. The training re- ager; quired for crewmembers who have (2) For each type of aircraft to be qualified and served as second in com- flown by the pilot, the aircraft power- mand on a particular aircraft type, be- plant, major components and systems,

818

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major appliances, performance and op- competency check may include any of erating limitations, standard and the maneuvers and procedures cur- emergency operating procedures, and rently required for the original the contents of the accepted operating issuance of the particular pilot certifi- manual or equivalent, as applicable; cate required for the operations au- (3) For each type of aircraft to be thorized and appropriate to the cat- flown by the pilot, the method of deter- egory, class and type of aircraft in- mining compliance with weight and volved. For the purposes of this para- balance limitations for takeoff, landing graph, type, as to an airplane, means and en route operations; any one of a group of airplanes deter- (4) Navigation and use of air naviga- mined by the Administrator to have a tion aids appropriate to the operation similar means of propulsion, the same or pilot authorization, including, when manufacturer, and no significantly dif- applicable, instrument approach facili- ferent handling or flight characteris- ties and procedures; tics. For the purposes of this para- (5) Air traffic control procedures, in- graph, type, as to a rotorcraft, means a cluding IFR procedures when applica- basic make and model. ble; (c) The instrument proficiency check (6) Meteorology in general, including required by § 91.1069 may be substituted the principles of frontal systems, icing, for the competency check required by fog, thunderstorms, and windshear, this section for the type of aircraft and, if appropriate for the operation of used in the check. the program manager, high altitude (d) For the purpose of this subpart, weather; competent performance of a procedure (7) Procedures for— or maneuver by a person to be used as (i) Recognizing and avoiding severe a pilot requires that the pilot be the weather situations; obvious master of the aircraft, with the (ii) Escaping from severe weather sit- successful outcome of the maneuver uations, in case of inadvertent encoun- never in doubt. ters, including low-altitude windshear (e) The Administrator or authorized (except that rotorcraft aircraft pilots check pilot certifies the competency of are not required to be tested on escap- each pilot who passes the knowledge or ing from low-altitude windshear); and flight check in the program manager’s (iii) Operating in or near thunder- pilot records. storms (including best penetration al- (f) All or portions of a required com- titudes), turbulent air (including clear petency check may be given in an air- air turbulence), icing, hail, and other craft simulator or other appropriate potentially hazardous meteorological training device, if approved by the Ad- conditions; and ministrator. (8) New equipment, procedures, or (g) If the program manager is author- techniques, as appropriate. ized to conduct EFVS operations, the (b) No program manager or owner competency check in paragraph (b) of may use a pilot, nor may any person this section must include tasks appro- serve as a pilot, in any aircraft unless, priate to the EFVS operations the cer- since the beginning of the 12th month tificate holder is authorized to con- before that service, that pilot has duct. passed a competency check given by [Docket No. FAA–2001–10047, 68 FR 54561, the Administrator or an authorized Sept. 17, 2003, as amended by Docket FAA– check pilot in that class of aircraft, if 2013–0485, Amdt. 91–345, 81 FR 90175, Dec. 13, single-engine aircraft other than tur- 2016] bojet, or that type of aircraft, if rotorcraft, multiengine aircraft, or turbojet § 91.1067 Initial and recurrent flight airplane, to determine the pilot’s com- attendant crewmember testing re- petence in practical skills and tech- quirements. niques in that aircraft or class of air- No program manager or owner may craft. The extent of the competency use a flight attendant crewmember, check will be determined by the Ad- nor may any person serve as a flight ministrator or authorized check pilot attendant crewmember unless, since conducting the competency check. The the beginning of the 12th month before

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

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

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

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

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

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functional, or other characteristics re- (6) Has been approved by the Admin- quired for approval. istrator for the check pilot duties in- (c) A particular aircraft simulator or volved. other training device may be used by (c) No program manager may use a more than one program manager. person, nor may any person serve as a (d) In granting initial and final ap- check pilot (simulator) in a training proval of training programs or revi- program established under this subpart sions to them, the Administrator con- unless, with respect to the aircraft siders the training devices, methods, type involved, that person meets the and procedures listed in the program provisions of paragraph (b) of this sec- manager’s curriculum under § 91.1079. tion, or— (1) Holds the applicable pilot certifi- § 91.1089 Qualifications: Check pilots cates and ratings, except medical cer- (aircraft) and check pilots (simu- tificate, required to serve as a pilot in lator). command in operations under this sub- (a) For the purposes of this section part; and § 91.1093: (2) Has satisfactorily completed the (1) A check pilot (aircraft) is a person appropriate training phases for the air- who is qualified to conduct flight craft, including recurrent training, checks in an aircraft, in a flight simu- that are required to serve as a pilot in lator, or in a flight training device for command in operations under this sub- a particular type aircraft. part; (2) A check pilot (simulator) is a per- (3) Has satisfactorily completed the son who is qualified to conduct flight appropriate proficiency or competency checks, but only in a flight simulator, checks that are required to serve as a in a flight training device, or both, for pilot in command in operations under a particular type aircraft. this subpart; (3) Check pilots (aircraft) and check (4) Has satisfactorily completed the pilots (simulator) are those check pi- applicable training requirements of lots who perform the functions de- § 91.1093; and scribed in § 91.1073(a)(4) and (c). (5) Has been approved by the Admin- (b) No program manager may use a istrator for the check pilot (simulator) person, nor may any person serve as a duties involved. check pilot (aircraft) in a training pro- (d) Completion of the requirements gram established under this subpart in paragraphs (b)(2), (3), and (4) or unless, with respect to the aircraft (c)(2), (3), and (4) of this section, as ap- type involved, that person— plicable, must be entered in the indi- (1) Holds the pilot certificates and vidual’s training record maintained by ratings required to serve as a pilot in the program manager. command in operations under this sub- (e) A check pilot who does not hold part; an appropriate medical certificate may (2) Has satisfactorily completed the function as a check pilot (simulator), training phases for the aircraft, includ- but may not serve as a flightcrew ing recurrent training, that are re- member in operations under this sub- quired to serve as a pilot in command part. in operations under this subpart; (f) A check pilot (simulator) must ac- (3) Has satisfactorily completed the complish the following— proficiency or competency checks that (1) Fly at least two flight segments are required to serve as a pilot in com- as a required crewmember for the type, mand in operations under this subpart; class, or category aircraft involved (4) Has satisfactorily completed the within the 12-month period preceding applicable training requirements of the performance of any check pilot § 91.1093; duty in a flight simulator; or (5) Holds at least a Class III medical (2) Before performing any check pilot certificate unless serving as a required duty in a flight simulator, satisfac- crewmember, in which case holds a torily complete an approved line-obser- Class I or Class II medical certificate vation program within the period pre- as appropriate; and scribed by that program.

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(g) The flight segments or line-obser- that person meets the provisions of vation program required in paragraph paragraph (b) of this section, or— (f) of this section are considered to be (1) Holds the pilot certificates and completed in the month required if ratings, except medical certificate, re- completed in the month before or the quired to serve as a pilot in command month after the month in which they in operations under this subpart or are due. part 121 or 135 of this chapter; (2) Has satisfactorily completed the § 91.1091 Qualifications: Flight instruc- appropriate training phases for the air- tors (aircraft) and flight instructors (simulator). craft, including recurrent training, that are required to serve as a pilot in (a) For the purposes of this section command in operations under this sub- and § 91.1095: part; (1) A flight instructor (aircraft) is a (3) Has satisfactorily completed the person who is qualified to instruct in appropriate proficiency or competency an aircraft, in a flight simulator, or in checks that are required to serve as a a flight training device for a particular pilot in command in operations under type, class, or category aircraft. this subpart; and (2) A flight instructor (simulator) is a (4) Has satisfactorily completed the person who is qualified to instruct in a applicable training requirements of flight simulator, in a flight training § 91.1095. device, or in both, for a particular (d) Completion of the requirements type, class, or category aircraft. in paragraphs (b)(2), (3), and (4) or (3) Flight instructors (aircraft) and (c)(2), (3), and (4) of this section, as ap- flight instructors (simulator) are those plicable, must be entered in the indi- instructors who perform the functions vidual’s training record maintained by described in § 91.1073(a)(4) and (c). the program manager. (b) No program manager may use a (e) A pilot who does not hold a med- person, nor may any person serve as a ical certificate may function as a flight flight instructor (aircraft) in a training program established under this subpart instructor in an aircraft if functioning unless, with respect to the type, class, as a non-required crewmember, but or category aircraft involved, that per- may not serve as a flightcrew member son— in operations under this subpart. (1) Holds the pilot certificates and (f) A flight instructor (simulator) ratings required to serve as a pilot in must accomplish the following— command in operations under this sub- (1) Fly at least two flight segments part or part 121 or 135 of this chapter; as a required crewmember for the type, (2) Has satisfactorily completed the class, or category aircraft involved training phases for the aircraft, includ- within the 12-month period preceding ing recurrent training, that are re- the performance of any flight instruc- quired to serve as a pilot in command tor duty in a flight simulator; or in operations under this subpart; (2) Satisfactorily complete an ap- (3) Has satisfactorily completed the proved line-observation program with- proficiency or competency checks that in the period prescribed by that pro- are required to serve as a pilot in com- gram preceding the performance of any mand in operations under this subpart; flight instructor duty in a flight simu- (4) Has satisfactorily completed the lator. applicable training requirements of (g) The flight segments or line-obser- § 91.1095; and vation program required in paragraph (5) Holds at least a Class III medical (f) of this section are considered com- certificate. pleted in the month required if com- (c) No program manager may use a pleted in the month before, or in the person, nor may any person serve as a month after, the month in which they flight instructor (simulator) in a train- are due. ing program established under this sub- [Doc. No. FAA–2001–10047, 68 FR 54561, Sept. part, unless, with respect to the type, 17, 2003, as amended by Amdt. 91–322, 76 FR class, or category aircraft involved, 31823, June 2, 2011]

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

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

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

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(G) Techniques for recognizing con- (2) Passenger handling, including pro- tamination on the airplane; cedures to be followed in handling de- (7) Operating limitations; ranged persons or other persons whose (8) Fuel consumption and cruise con- conduct might jeopardize safety. trol; (b) For each aircraft type— (9) Flight planning; (1) A general description of the air- (10) Each normal and emergency pro- craft emphasizing physical characteris- cedure; and tics that may have a bearing on ditch- (11) The approved Aircraft Flight ing, evacuation, and inflight emer- Manual or equivalent. gency procedures and on other related duties; § 91.1103 Pilots: Initial, transition, up- (2) The use of both the public address grade, requalification, and dif- system and the means of commu- ferences flight training. nicating with other flight crew- (a) Initial, transition, upgrade, re- members, including emergency means qualification, and differences training in the case of attempted hijacking or for pilots must include flight and prac- other unusual situations; and tice in each of the maneuvers and pro- (3) Proper use of electrical galley cedures contained in each of the cur- equipment and the controls for cabin riculums that are a part of the ap- heat and ventilation. proved training program. (b) The maneuvers and procedures re- § 91.1107 Recurrent training. quired by paragraph (a) of this section (a) Each program manager must en- must be performed in flight, except to sure that each crewmember receives the extent that certain maneuvers and recurrent training and is adequately procedures may be performed in an air- trained and currently proficient for the craft simulator, or an appropriate type aircraft and crewmember position training device, as allowed by this sub- involved. part. (b) Recurrent ground training for (c) If the program manager’s ap- crewmembers must include at least the proved training program includes a following: course of training using an aircraft (1) A quiz or other review to deter- simulator or other training device, mine the crewmember’s knowledge of each pilot must successfully com- the aircraft and crewmember position plete— involved. (1) Training and practice in the simu- (2) Instruction as necessary in the lator or training device in at least the subjects required for initial ground maneuvers and procedures in this sub- training by this subpart, as appro- part that are capable of being per- priate, including low-altitude formed in the aircraft simulator or windshear training and training on op- training device; and erating during ground icing conditions, (2) A flight check in the aircraft or a as prescribed in § 91.1097 and described check in the simulator or training de- in § 91.1101, and emergency training. vice to the level of proficiency of a (c) Recurrent flight training for pi- pilot in command or second in com- lots must include, at least, flight train- mand, as applicable, in at least the ma- ing in the maneuvers or procedures in neuvers and procedures that are capa- this subpart, except that satisfactory ble of being performed in an aircraft completion of the check required by simulator or training device. § 91.1065 within the preceding 12 months may be substituted for recurrent flight § 91.1105 Flight attendants: Initial and training. transition ground training. Initial and transition ground train- § 91.1109 Aircraft maintenance: Inspec- ing for flight attendants must include tion program. instruction in at least the following— Each program manager must estab- (a) General subjects— lish an aircraft inspection program for (1) The authority of the pilot in com- each make and model program aircraft mand; and and ensure each aircraft is inspected in

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accordance with that inspection pro- and currently in use under part 125 of gram. this chapter. (a) The inspection program must be (5) An inspection program that is in writing and include at least the fol- part of the program manager’s contin- lowing information: uous airworthiness maintenance pro- (1) Instructions and procedures for gram under §§ 91.1411 through 91.1443. the conduct of inspections for the par- (c) The Administrator may require ticular make and model aircraft, in- revision of the inspection program ap- cluding necessary tests and checks. proved under this section in accordance The instructions and procedures must with the provisions of § 91.415. set forth in detail the parts and areas of the airframe, engines, propellers, ro- [Docket No. FAA–2001–10047, 68 FR 54561, Sept. 17, 2003, as amended by Docket FAA– tors, and appliances, including survival 2018–0119, Amdt. 91–350, 83 FR 9171, Mar. 5, and emergency equipment required to 2018] be inspected. (2) A schedule for performing the in- § 91.1111 Maintenance training. spections that must be accomplished The program manager must ensure under the inspection program ex- that all employees who are responsible pressed in terms of the time in service, for maintenance related to program calendar time, number of system oper- aircraft undergo appropriate initial ations, or any combination thereof. and annual recurrent training and are (3) The name and address of the per- competent to perform those duties. son responsible for scheduling the inspections required by the inspection § 91.1113 Maintenance recordkeeping. program. A copy of the inspection program must be made available to the Each fractional ownership program person performing inspections on the manager must keep (using the system aircraft and, upon request, to the Ad- specified in the manual required in ministrator. § 91.1025) the records specified in (b) Each person desiring to establish § 91.417(a) for the periods specified in or change an approved inspection pro- § 91.417(b). gram under this section must submit the inspection program for approval to § 91.1115 Inoperable instruments and equipment. the Flight Standards office that issued the program manager’s management (a) No person may take off an air- specifications. The inspection program craft with inoperable instruments or must be derived from one of the fol- equipment installed unless the following programs: lowing conditions are met: (1) An inspection program currently (1) An approved Minimum Equipment recommended by the manufacturer of List exists for that aircraft. the aircraft, aircraft engines, propel- (2) The program manager has been lers, appliances, and survival and emer- issued management specifications au- gency equipment; thorizing operations in accordance (2) An inspection program that is with an approved Minimum Equipment part of a continuous airworthiness List. The flight crew must have direct maintenance program currently in use access at all times prior to flight to all by a person holding an air carrier or of the information contained in the ap- operating certificate issued under part proved Minimum Equipment List 119 of this chapter and operating that through printed or other means ap- make and model aircraft under part 121 proved by the Administrator in the or 135 of this chapter; program manager’s management speci- (3) An aircraft inspection program fications. An approved Minimum approved under § 135.419 of this chapter Equipment List, as authorized by the and currently in use under part 135 of management specifications, con- this chapter by a person holding a cer- stitutes an approved change to the tificate issued under part 119 of this type design without requiring recertifi- chapter; or cation. (4) An airplane inspection program (3) The approved Minimum Equip- approved under § 125.247 of this chapter ment List must:

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(i) Be prepared in accordance with § 91.1413 CAMP: Responsibility for air- the limitations specified in paragraph worthiness. (b) of this section. (a) For aircraft maintained in ac- (ii) Provide for the operation of the cordance with a Continuous Airworthi- aircraft with certain instruments and ness Maintenance Program, each pro- equipment in an inoperable condition. gram manager is primarily responsible (4) Records identifying the inoperable for the following: instruments and equipment and the in- (1) Maintaining the airworthiness of formation required by (a)(3)(ii) of this the program aircraft, including air- section must be available to the pilot. frames, aircraft engines, propellers, ro- (5) The aircraft is operated under all tors, appliances, and parts. applicable conditions and limitations (2) Maintaining its aircraft in accord- contained in the Minimum Equipment ance with the requirements of this List and the management specifica- chapter. tions authorizing use of the Minimum Equipment List. (3) Repairing defects that occur be- (b) The following instruments and tween regularly scheduled mainte- equipment may not be included in the nance required under part 43 of this Minimum Equipment List: chapter. (1) Instruments and equipment that (b) Each program manager who main- are either specifically or otherwise retains program aircraft under a CAMP quired by the airworthiness require- must— ments under which the airplane is type (1) Employ a Director of Maintenance certificated and that are essential for or equivalent position. The Director of safe operations under all operating Maintenance must be a certificated conditions. mechanic with airframe and power- (2) Instruments and equipment re- plant ratings who has responsibility for quired by an airworthiness directive to the maintenance program on all pro- be in operable condition unless the air- gram aircraft maintained under a con- worthiness directive provides other- tinuous airworthiness maintenance wise. program. This person cannot also act (3) Instruments and equipment reas Chief Inspector. quired for specific operations by this (2) Employ a Chief Inspector or part. equivalent position. The Chief Inspec- (c) Notwithstanding paragraphs (b)(1) tor must be a certificated mechanic and (b)(3) of this section, an aircraft with airframe and powerplant ratings with inoperable instruments or equip- who has overall responsibility for in- ment may be operated under a special spection aspects of the CAMP. This flight permit under §§ 21.197 and 21.199 person cannot also act as Director of of this chapter. Maintenance. (d) A person authorized to use an ap- (3) Have the personnel to perform the proved Minimum Equipment List maintenance of program aircraft, in- issued for a specific aircraft under part cluding airframes, aircraft engines, 121, 125, or 135 of this chapter must use propellers, rotors, appliances, emer- that Minimum Equipment List to com- gency equipment and parts, under its ply with this section. manual and this chapter; or make arrangements with another person for § 91.1411 Continuous airworthiness the performance of maintenance. How- maintenance program use by frac- ever, the program manager must en- tional ownership program manager. sure that any maintenance, preventive Fractional ownership program air- maintenance, or alteration that is per- craft may be maintained under a con- formed by another person is performed tinuous airworthiness maintenance under the program manager’s oper- program (CAMP) under §§ 91.1413 ating manual and this chapter. through 91.1443. Any program manager who elects to maintain the program § 91.1415 CAMP: Mechanical reliability aircraft using a continuous airworthi- reports. ness maintenance program must com- (a) Each program manager who main- ply with §§ 91.1413 through 91.1443. tains program aircraft under a CAMP

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

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Technical Standard Order Authoriza- § 91.1423 CAMP: Maintenance organi- tion, or that is the licensee of a type zation. certificate need not report a failure, (a) Each program manager who main- malfunction, or defect under this sec- tains program aircraft under a CAMP tion if the failure, malfunction, or de- that has its personnel perform any of fect has been reported by it under § 21.3 its maintenance (other than required of this chapter or under the accident inspections), preventive maintenance, reporting provisions of part 830 of the or alterations, and each person with regulations of the National Transpor- whom it arranges for the performance tation Safety Board. of that work, must have an organiza- (g) No person may withhold a report tion adequate to perform the work. required by this section even when not (b) Each program manager who has all information required by this section personnel perform any inspections re- is available. quired by the program manager’s man- (h) When the program manager re- ual under § 91.1427(b) (2) or (3), (in this ceives additional information, includ- subpart referred to as required inspec- ing information from the manufacturer tions), and each person with whom the or other agency, concerning a report program manager arranges for the per- required by this section, the program formance of that work, must have an manager must expeditiously submit it organization adequate to perform that as a supplement to the first report and work. reference the date and place of submis- (c) Each person performing required sion of the first report. inspections in addition to other maintenance, preventive maintenance, or [Docket No. FAA–2001–10047, 68 FR 54561, alterations, must organize the perform- Sept. 17, 2003, as amended by Docket FAA– ance of those functions so as to sepa- 2018–0119, Amdt. 91–350, 83 FR 9171, Mar. 5, rate the required inspection functions 2018] from the other maintenance, preventive maintenance, or alteration func- § 91.1417 CAMP: Mechanical interruptions. The separation must be below tion summary report. the level of administrative control at Each program manager who main- which overall responsibility for the retains program aircraft under a CAMP quired inspection functions and other must mail or deliver, before the end of maintenance, preventive maintenance, the 10th day of the following month, a or alterations is exercised. summary report of the following occurrences in multiengine aircraft for the § 91.1425 CAMP: Maintenance, preven- preceding month to the Flight Stand- tive maintenance, and alteration programs. ards office that issued the management specifications: Each program manager who main- (a) Each interruption to a flight, un- tains program aircraft under a CAMP scheduled change of aircraft en route, must have an inspection program and a or unscheduled stop or diversion from a program covering other maintenance, route, caused by known or suspected preventive maintenance, or alterations mechanical difficulties or malfunctions that ensures that— that are not required to be reported (a) Maintenance, preventive maintenance, or alterations performed by its under § 91.1415. personnel, or by other persons, are per- (b) The number of propeller formed under the program manager’s featherings in flight, listed by type of manual; propeller and engine and aircraft on (b) Competent personnel and ade- which it was installed. Propeller quate facilities and equipment are pro- featherings for training, demonstra- vided for the proper performance of tion, or flight check purposes need not maintenance, preventive maintenance, be reported. or alterations; and [Docket No. FAA–2001–10047, 68 FR 54561, (c) Each aircraft released to service Sept. 17, 2003, as amended by Docket FAA– is airworthy and has been properly 2018–0119, Amdt. 91–350, 83 FR 9171, Mar. 5, maintained for operation under this 2018] part.

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§ 91.1427 CAMP: Manual requirements. being countermanded by persons other (a) Each program manager who main- than supervisory personnel of the in- tains program aircraft under a CAMP spection unit, or a person at the level must put in the operating manual the of administrative control that has chart or description of the program overall responsibility for the manage- manager’s organization required by ment of both the required inspection § 91.1423 and a list of persons with functions and the other maintenance, whom it has arranged for the perform- preventive maintenance, or alterations ance of any of its required inspections, functions. and other maintenance, preventive (9) Procedures to ensure that mainte- maintenance, or alterations, including nance (including required inspections), a general description of that work. preventive maintenance, or alterations (b) Each program manager must put that are not completed because of work in the operating manual the programs interruptions are properly completed required by § 91.1425 that must be fol- before the aircraft is released to serv- lowed in performing maintenance, pre- ice. ventive maintenance, or alterations of (c) Each program manager must put that program manager’s aircraft, in- in the manual a suitable system (which cluding airframes, aircraft engines, may include an electronic or coded sys- propellers, rotors, appliances, emer- tem) that provides for the retention of gency equipment, and parts, and must the following information— include at least the following: (1) A description (or reference to data (1) The method of performing routine acceptable to the Administrator) of the and nonroutine maintenance (other work performed; than required inspections), preventive (2) The name of the person per- maintenance, or alterations. forming the work if the work is per- (2) A designation of the items of formed by a person outside the organi- maintenance and alteration that must zation of the program manager; and be inspected (required inspections) in- (3) The name or other positive identi- cluding at least those that could result fication of the individual approving the in a failure, malfunction, or defect en- work. dangering the safe operation of the air- (d) For the purposes of this part, the craft, if not performed properly or if program manager must prepare that improper parts or materials are used. part of its manual containing mainte- (3) The method of performing re- nance information and instructions, in quired inspections and a designation by whole or in part, in a format accept- occupational title of personnel author- able to the Administrator, that is re- ized to perform each required inspec- trievable in the English language. tion. (4) Procedures for the reinspection of § 91.1429 CAMP: Required inspection work performed under previous re- personnel. quired inspection findings (buy-back (a) No person who maintains an air- procedures). craft under a CAMP may use any per- (5) Procedures, standards, and limits son to perform required inspections unnecessary for required inspections and less the person performing the inspec- acceptance or rejection of the items re- tion is appropriately certificated, prop- quired to be inspected and for periodic erly trained, qualified, and authorized inspection and calibration of precision to do so. tools, measuring devices, and test (b) No person may allow any person equipment. to perform a required inspection un- (6) Procedures to ensure that all re- less, at the time the work was per- quired inspections are performed. formed, the person performing that in- (7) Instructions to prevent any per- spection is under the supervision and son who performs any item of work control of the chief inspector. from performing any required inspec- (c) No person may perform a required tion of that work. inspection if that person performed the (8) Instructions and procedures to item of work required to be inspected. prevent any decision of an inspector re- (d) Each program manager must garding any required inspection from maintain, or must ensure that each

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person with whom it arranges to per- § 91.1433 CAMP: Maintenance and pre- form required inspections maintains, a ventive maintenance training pro- current listing of persons who have gram. been trained, qualified, and authorized Each program manager who main- to conduct required inspections. The tains program aircraft under a CAMP persons must be identified by name, oc- or a person performing maintenance or cupational title, and the inspections preventive maintenance functions for that they are authorized to perform. it must have a training program to en- The program manager (or person with sure that each person (including in- whom it arranges to perform its re- spection personnel) who determines the quired inspections) must give written adequacy of work done is fully in- information to each person so author- formed about procedures and tech- ized, describing the extent of that per- niques and new equipment in use and is son’s responsibilities, authorities, and competent to perform that person’s du- inspectional limitations. The list must ties. be made available for inspection by the Administrator upon request. § 91.1435 CAMP: Certificate requirements. § 91.1431 CAMP: Continuing analysis and surveillance. (a) Except for maintenance, preventive maintenance, alterations, and re- (a) Each program manager who main- quired inspections performed by repair tains program aircraft under a CAMP stations located outside the United must establish and maintain a system States certificated under the provi- for the continuing analysis and surveil- sions of part 145 of this chapter, each lance of the performance and effective- person who is directly in charge of ness of its inspection program and the maintenance, preventive maintenance, program covering other maintenance, or alterations for a CAMP, and each preventive maintenance, and alter- person performing required inspections ations and for the correction of any de- for a CAMP must hold an appropriate ficiency in those programs, regardless airman certificate. of whether those programs are carried (b) For the purpose of this section, a out by employees of the program man- person ‘‘directly in charge’’ is each per- ager or by another person. son assigned to a position in which (b) Whenever the Administrator finds that person is responsible for the work that the programs described in para- of a shop or station that performs graph (a) of this section does not con- maintenance, preventive maintenance, tain adequate procedures and standards alterations, or other functions affect- to meet this part, the program man- ing airworthiness. A person who is di- ager must, after notification by the rectly in charge need not physically Administrator, make changes in those observe and direct each worker con- programs requested by the Adminis- stantly but must be available for con- trator. sultation and decision on matters re- (c) A program manager may petition quiring instruction or decision from the Administrator to reconsider the higher authority than that of the per- notice to make a change in a program. son performing the work. The petition must be filed with the Ex- ecutive Director, Flight Standards § 91.1437 CAMP: Authority to perform Service, within 30 days after the pro- and approve maintenance. gram manager receives the notice. Ex- A program manager who maintains cept in the case of an emergency re- program aircraft under a CAMP may quiring immediate action in the inter- employ maintenance personnel, or est of safety, the filing of the petition make arrangements with other persons stays the notice pending a decision by to perform maintenance and preventive the Administrator. maintenance as provided in its mainte- [Docket No. FAA–2001–10047, 68 FR 54561, nance manual. Unless properly certifi- Sept. 17, 2003, as amended by Docket FAA– cated, the program manager may not 2018–0119, Amdt. 91–350, 83 FR 9171, Mar. 5, perform or approve maintenance for re- 2018] turn to service.

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§ 91.1439 CAMP: Maintenance record- (c) The program manager must make ing requirements. all maintenance records required to be (a) Each program manager who main- kept by this section available for in- tains program aircraft under a CAMP spection by the Administrator or any must keep (using the system specified representative of the National Trans- in the manual required in § 91.1427) the portation Safety Board. following records for the periods speci- § 91.1441 CAMP: Transfer of mainte- fied in paragraph (b) of this section: nance records. (1) All the records necessary to show When a U.S.-registered fractional that all requirements for the issuance ownership program aircraft maintained of an airworthiness release under under a CAMP is removed from the list § 91.1443 have been met. of program aircraft in the management (2) Records containing the following specifications, the program manager information: must transfer to the purchaser, at the (i) The total time in service of the time of the sale, the following records airframe, engine, propeller, and rotor. of that aircraft, in plain language form (ii) The current status of life-limited or in coded form that provides for the parts of each airframe, engine, pro- preservation and retrieval of informa- peller, rotor, and appliance. tion in a manner acceptable to the Ad- (iii) The time since last overhaul of ministrator: each item installed on the aircraft that (a) The records specified in are required to be overhauled on a § 91.1439(a)(2). specified time basis. (b) The records specified in (iv) The identification of the current § 91.1439(a)(1) that are not included in inspection status of the aircraft, in- the records covered by paragraph (a) of cluding the time since the last inspec- this section, except that the purchaser tions required by the inspection pro- may allow the program manager to gram under which the aircraft and its keep physical custody of such records. appliances are maintained. However, custody of records by the pro- (v) The current status of applicable gram manager does not relieve the pur- airworthiness directives, including the chaser of its responsibility under date and methods of compliance, and, § 91.1439(c) to make the records avail- if the airworthiness directive involves able for inspection by the Adminis- recurring action, the time and date trator or any representative of the Na- when the next action is required. tional Transportation Safety Board. (vi) A list of current major alterations and repairs to each airframe, en- § 91.1443 CAMP: Airworthiness release gine, propeller, rotor, and appliance. or aircraft maintenance log entry. (b) Each program manager must re- (a) No program aircraft maintained tain the records required to be kept by under a CAMP may be operated after this section for the following periods: maintenance, preventive maintenance, (1) Except for the records of the last or alterations are performed unless complete overhaul of each airframe, qualified, certificated personnel em- engine, propeller, rotor, and appliance ployed by the program manager pre- the records specified in paragraph (a)(1) pare, or cause the person with whom of this section must be retained until the program manager arranges for the the work is repeated or superseded by performance of the maintenance, pre- other work or for one year after the ventive maintenance, or alterations, to work is performed. prepare— (2) The records of the last complete (1) An airworthiness release; or overhaul of each airframe, engine, pro- (2) An appropriate entry in the air- peller, rotor, and appliance must be re- craft maintenance log. tained until the work is superseded by (b) The airworthiness release or log work of equivalent scope and detail. entry required by paragraph (a) of this (3) The records specified in paragraph section must— (a)(2) of this section must be retained (1) Be prepared in accordance with as specified unless transferred with the the procedure in the program man- aircraft at the time the aircraft is sold. ager’s manual;

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(2) Include a certification that— § 91.1503 [Reserved] (i) The work was performed in accordance with the requirements of the § 91.1505 Repairs assessment for pres- program manager’s manual; surized fuselages. (ii) All items required to be inspected (a) No person may operate an Airbus were inspected by an authorized person Model A300 (excluding the -600 series), who determined that the work was sat- British Aerospace Model BAC 1–11, Boe- isfactorily completed; ing Model 707, 720, 727, 737 or 747, (iii) No known condition exists that McDonnell Douglas Model DC–8, DC–9/ would make the aircraft unairworthy; MD–80 or DC–10, Fokker Model F28, or (iv) So far as the work performed is Lockheed Model L–1011 airplane beyond concerned, the aircraft is in condition applicable flight cycle implementation time specified below, or May 25, 2001, for safe operation; and whichever occurs later, unless repair (3) Be signed by an authorized certifi- assessment guidelines applicable to the cated mechanic. fuselage pressure boundary (fuselage (c) Notwithstanding paragraph (b)(3) skin, door skin, and bulkhead webs) are of this section, after maintenance, pre- incorporated within its inspection pro- ventive maintenance, or alterations gram. The repair assessment guidelines performed by a repair station certifi- must be approved by the responsible cated under the provisions of part 145 Aircraft Certification Service office for of this chapter, the approval for return the type certificate for the affected air- to service or log entry required by plane. paragraph (a) of this section may be (1) For the Airbus Model A300 (ex- signed by a person authorized by that cluding the –600 series), the flight cycle repair station. implementation time is: (d) Instead of restating each of the (i) Model B2: 36,000 flights. conditions of the certification required (ii) Model B4–100 (including Model by paragraph (b) of this section, the B4–2C): 30,000 flights above the window program manager may state in its line, and 36,000 flights below the win- manual that the signature of an au- dow line. thorized certificated mechanic or re- (iii) Model B4–200: 25,500 flights above pairman constitutes that certification. the window line, and 34,000 flights below the window line. Subpart L—Continued Airworthi- (2) For all models of the British Aero- space BAC 1–11, the flight cycle imple- ness and Safety Improve- mentation time is 60,000 flights. ments (3) For all models of the Boeing 707, the flight cycle implementation time is SOURCE: Amdt. 91–297, 72 FR 63410, Nov. 8, 15,000 flights. 2007, unless otherwise noted. (4) For all models of the Boeing 720, the flight cycle implementation time is § 91.1501 Purpose and definition. 23,000 flights. (a) This subpart requires operators to (5) For all models of the Boeing 727, support the continued airworthiness of the flight cycle implementation time is each airplane. These requirements may 45,000 flights. include, but are not limited to, revising (6) For all models of the Boeing 737, the inspection program, incorporating the flight cycle implementation time is design changes, and incorporating revi- 60,000 flights. sions to Instructions for Continued (7) For all models of the Boeing 747, Airworthiness. the flight cycle implementation time is (b) [Reserved] 15,000 flights. (8) For all models of the McDonnell [Amdt. 91–297, 72 FR 63410, Nov. 8, 2007, as Douglas DC–8, the flight cycle imple- amended by Docket FAA–2018–0119, Amdt. 91– mentation time is 30,000 flights. 350, 83 FR 9171, Mar. 5, 2018] (9) For all models of the McDonnell Douglas DC–9/MD–80, the flight cycle implementation time is 60,000 flights.

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(10) For all models of the McDonnell veloped for auxiliary fuel tanks, if any, Douglas DC–10, the flight cycle imple- installed under supplemental type cer- mentation time is 30,000 flights. tificates or other design approval) and (11) For all models of the Lockheed that have been approved by the respon- L–1011, the flight cycle implementation sible Aircraft Certification Service Of- time is 27,000 flights. fice. (12) For the Fokker F–28 Mark 1000, (e) After December 16, 2008, before re- 2000, 3000, and 4000, the flight cycle im- turning an airplane to service after any plementation time is 60,000 flights. alterations for which fuel tank ICA are (b) [Reserved] developed under SFAR 88, or under [Doc. No. 29104, 65 FR 24125, Apr. 25, 2000; 65 § 25.1529 in effect on June 6, 2001, the op- FR 35703, June 5, 2000; 65 FR 50744, Aug. 21, erator must include in the inspection 2000, as amended by Amdt. 91–266, 66 FR program for the airplane inspections 23130, May 7, 2001; Amdt. 91–277, 67 FR 72834, and procedures for the fuel tank sys- Dec. 9, 2002; Amdt. 91–283, 69 FR 45941, July tem based on those ICA. 30, 2004. Redesignated and amended by Amdt. 91–297, 72 FR 63410, Nov. 8, 2007; Docket FAA– (f) The fuel tank system inspection 2018–0119, Amdt. 91–350, 83 FR 9171, Mar. 5, program changes identified in para- 2018] graphs (d) and (e) of this section and any later fuel tank system revisions § 91.1507 Fuel tank system inspection must be submitted to the Flight Stand- program. ards office responsible for review and (a) Except as provided in paragraph approval. (g) of this section, this section applies (g) This section does not apply to the to transport category, turbine-powered following airplane models: airplanes with a type certificate issued (1) Bombardier CL–44 after January 1, 1958, that, as a result (2) Concorde of original type certification or later (3) deHavilland D.H. 106 Comet 4C increase in capacity, have— (4) VFW-Vereinigte Flugtechnische (1) A maximum type-certificated passenger capacity of 30 or more, or Werk VFW–614 (2) A maximum payload capacity of (5) Illyushin Aviation IL 96T 7,500 pounds or more. (6) Bristol Aircraft Britannia 305 (b) For each airplane on which an (7) Handley Page Herald Type 300 auxiliary fuel tank is installed under a (8) Avions Marcel Dassault—Breguet field approval, before June 16, 2008, the Aviation Mercure 100C operator must submit to the respon- (9) Airbus Caravelle sible Aircraft Certification Service Of- (10) Lockheed L–300 fice proposed maintenance instructions for the tank that meet the require- [Amdt. 91–297, 72 FR 63410, Nov. 8, 2007, as ments of Special Federal Aviation Reg- amended by Docket FAA–2018–0119, Amdt. 91– 350, 83 FR 9172, Mar. 5, 2018] ulation No. 88 (SFAR 88) of this chapter. (c) After December 16, 2008, no oper- Subpart M—Special Federal ator may operate an airplane identified Aviation Regulations in paragraph (a) of this section unless the inspection program for that air- § 91.1603 Special Federal Aviation Reg- plane has been revised to include appli- ulation No. 112—Prohibition cable inspections, procedures, and limi- Against Certain Flights in the Trip- oli (HLLL) Flight Information Re- tations for fuel tank systems. gion (FIR). (d) The proposed fuel tank system inspection program revisions specified in (a) Applicability. This section applies paragraph (c) of this section must be to the following persons: based on fuel tank system Instructions (1) All U.S. air carriers and U.S. com- for Continued Airworthiness (ICA) that mercial operators; have been developed in accordance (2) All persons exercising the privi- with the applicable provisions of SFAR leges of an airman certificate issued by 88 of this chapter or § 25.1529 and part the FAA, except when such persons are 25, Appendix H, of this chapter, in ef- operating a U.S.-registered aircraft for fect on June 6, 2001 (including those de- a foreign air carrier; and

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(3) All operators of U.S.-registered amend, rescind, or extend this Special civil aircraft, except operators of such Federal Aviation Regulation as nec- aircraft that are foreign air carriers. essary. (b) Flight prohibition. Except as pro- [Docket FAA–2011–0246, Amdt. 91–321C, 82 FR vided in paragraphs (c) and (d) of this 14436, Mar. 21, 2017, as amended by Docket section, no person described in para- FAA–2018–0119, Amdt. 91–350, 83 FR 9172, Mar. graph (a) of this section may conduct 5, 2018] flight operations in the Tripoli (HLLL) FIR. § 91.1605 Special Federal Aviation Reg- (c) Permitted operations. This section ulation No. 77—Prohibition Against does not prohibit persons described in Certain Flights in the Baghdad paragraph (a) of this section from con- Flight Information Region (FIR) (ORBB). ducting flight operations in the Tripoli (HLLL) FIR under the following condi- (a) Applicability. This section applies tions: to the following persons: (1) Flight operations are conducted (1) All U.S. air carriers and U.S. com- under a contract, grant, or cooperative mercial operators; agreement with a department, agency, (2) All persons exercising the privi- or instrumentality of the U.S. govern- leges of an airman certificate issued by ment (or under a subcontract between the FAA, except such persons oper- the prime contractor of the depart- ating U.S.-registered aircraft for a for- ment, agency, or instrumentality, and eign air carrier; and the person described in paragraph (a) of (3) All operators of civil aircraft reg- this section), with the approval of the istered in the United States, except FAA, or under an exemption issued by where the operator of such aircraft is a the FAA. The FAA will process re- foreign air carrier. quests for approval or exemption in a (b) Flight prohibition. Except as pro- timely manner, with the order of pref- vided in paragraphs (c) and (d) of this erence being: First, for those oper- section, no person may conduct flight ations in support of U.S. government- operations in the Baghdad Flight Infor- sponsored activities; second, for those mation Region (FIR) (ORBB) at alti- operations in support of government- tudes below FL 260. sponsored activities of a foreign coun- (c) Permitted operations. This section try with the support of a U.S. govern- does not prohibit persons described in ment department, agency, or instru- paragraph (a) of this section from con- mentality; and third, for all other oper- ducting flight operations in the Bagh- ations. dad FIR (ORBB) at altitudes below FL (2) [Reserved] 260 in the following circumstances: (d) Emergency situations. In an emer- (1) Aircraft departing from the Ku- gency that requires immediate decision wait Flight Information Region (FIR) and action for the safety of the flight, (OKAC) may operate at altitudes below the pilot in command of an aircraft FL 260 in the Baghdad FIR (ORBB) to may deviate from this section to the the extent necessary to permit a climb extent required by that emergency. Ex- during takeoff to or above FL 260, sub- cept for U.S. air carriers and commer- ject to the approval of and in accord- cial operators that are subject to the ance with the conditions established requirements of 14 CFR part 119, 121, by, the appropriate authorities of Iraq; 125, or 135, each person who deviates or from this section must, within 10 days (2) Aircraft descending into the Ku- of the deviation, excluding Saturdays, wait FIR (OKAC) may operate at alti- Sundays, and Federal holidays, submit tudes below FL 260 in the Baghdad FIR to the responsible Flight Standards of- (ORBB) to the extent necessary to per- fice a complete report of the operations mit descent for landing within the Ku- of the aircraft involved in the devi- wait FIR (OKAC), subject to the ap- ation, including a description of the de- proval of and in accordance with the viation and the reasons for it. conditions established by, the appro- (e) Expiration. This Special Federal priate authorities of Iraq; or Aviation Regulation will remain in ef- (3) The flight operations in the Bagh- fect until March 20, 2019. The FAA may dad FIR (ORBB) at altitudes below FL

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260 are conducted under a contract, (2) All persons exercising the privi- grant, or cooperative agreement with a leges of an airman certificate issued by department, agency, or instrumen- the FAA, except when such persons are tality of the U.S. Government (or operating U.S.-registered aircraft for a under a subcontract between the prime foreign air carrier; and contractor of the department, agency, (3) All operators of U.S.-registered or instrumentality, and the person de- civil aircraft, except where the oper- scribed in paragraph (a) of this sec- ator of such aircraft is a foreign air tion), with the approval of the FAA, or carrier. under an exemption issued by the FAA. (b) Flight prohibition. Except as pro- The FAA will consider requests for ap- vided in paragraphs (c) and (d) of this proval or exemption in a timely man- section, no person described in para- ner, with the order of preference being: graph (a) of this section may conduct First, for those operations in support flight operations in the following speci- of U.S. Government-sponsored activi- fied areas of the Simferopol FIR ties; second, for those operations in (UKFV) or the Dnipropetrovsk FIR support of government-sponsored ac- (UKDV)— tivities of a foreign country with the (1) Operations within the Simferopol support of a U.S. Government depart- FIR (UKFV) are prohibited from the ment, agency, or instrumentality; and surface to unlimited, north and north- third, for all other operations. east of a line drawn direct from SOBLO (d) Emergency situations. In an emer- (431503N 362298E) to DOLOT (434214N gency that requires immediate decision 332819E), direct to SOROK (440628N and action for the safety of the flight, 324260E), then direct to OTPOL (452738N the pilot in command of an aircraft 313064E). This prohibition applies to may deviate from this section to the airway M747. extent required by that emergency. Ex- (2) Operations within the cept for U.S. air carriers and commer- Dnipropetrovsk FIR (UKDV) are pro- cial operators that are subject to the hibited from the surface to unlimited, requirements of part 119, 121, 125, or 135 east of a line drawn direct from of this chapter, each person who devi- ABDAR (471802N 351732E) along airway ates from this section must, within 10 M853 to NIKAD (485946N 355519E), then days of the deviation, excluding Satur- along airway N604 to GOBUN (501806N days, Sundays, and Federal holidays, 373824E). This prohibition applies to submit to the responsible Flight Stand- airways M853 and N604. ards office a complete report of the op- (c) Permitted operations. This section erations of the aircraft involved in the does not prohibit persons described in deviation, including a description of paragraph (a) of this section from con- the deviation and the reasons for it. ducting flight operations within either (e) Expiration. This SFAR will remain flight prohibition, as described in para- in effect until October 26, 2020. The graph (b) of this section under the fol- FAA may amend, rescind, or extend lowing circumstances: this SFAR, as necessary. (1) Operations are permitted within the flight prohibition area of the [Doc. No. FAA-2018-0927; Amdt. No. 91-353; 83 Dnipropetrovsk Flight Information Re- FR 53990, Oct. 26, 2018] gion (FIR) (UKDV), as described in § 91.1607 Special Federal Aviation Reg- paragraph (b)(2) of this section, to the ulation No. 113—Prohibition extent necessary to takeoff and land at Against Certain Flights in the Sim- the following three airports, subject to feropol Flight Information Region the approval of, and in accordance with (FIR) (UKFV) and the the conditions established by, the ap- Dnipropetrovsk Flight Information propriate authorities of Ukraine: Region (FIR) (UKDV). (i) Kharkiv International Airport (a) Applicability. This Special Federal (UKHH); Aviation Regulation (SFAR) applies to (ii) Dnipropetrovsk International the following persons: Airport (UKDD); and (1) All U.S. air carriers and U.S. com- (iii) Zaporizhzhia International Air- mercial operators; port (UKDE).

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(2) Operations are permitted within 434100N 0303200E–441000N 0302512E– the flight prohibition areas described 441500N 0302400E–444600N 0300900E– in paragraph (b)(1) or (2) of this section 445447N 0300448E–445230N 0302130E– provided that such flight operations 445848N 0303342E–451530N 0310642E– are conducted under a contract, grant, 452436N 0312500E–453828N 0315311E– or cooperative agreement with a de- 454436N 0320548E–455442N 0322700E– partment, agency, or instrumentality 460730N 0325430E–464600N 0325300E– of the U.S. Government (or under a 474400N 0330300E–472700N 0344800E– subcontract between the prime con- 470630N 0355500E–465800N 0360000E tractor of the department, agency, or (2) The Dnipropetrovsk FIR (UKDV) instrumentality and the person de- is defined as that airspace from the scribed in paragraph (a) of this section) surface to unlimited within the fol- with the approval of the FAA, or under lowing lateral limits: an exemption issued by the FAA. The 511400N 0342700E–504942N 0341300E– FAA will consider requests for ap- 502043N 0335720E–501246N 0335307E– proval or exemption in a timely man- 491848N 0333700E–485700N 0332200E– ner, with the order of preference being: 484118N 0324431E–483620N 0324010E– first, for those operations in support of 483128N 0323605E–482300N 0323900E– U.S. Government-sponsored activities; 480730N 0325324E–474600N 0325000E– second, for those operations in support 474400N 0330300E–472700N 0344800E– of government-sponsored activities of a 470630N 0355500E–465800N 0360000E– foreign country with the support of a 463500N 0364200E–463424N 0372206E– U.S. Government department, agency, 463930N 0372518E–464700N 0373000E– or instrumentality; and third, for all 465900N 0382000E–470642N 0381324E– other operations. then along state boundary until point/ (d) Emergency situations. In an emer- –511400N 0342700. gency that requires immediate decision and action for the safety of the flight, [Doc. No. FAA-2014–0225; Amdt. No. 91–331E, 83 FR 52961, Oct. 19, 2018] the pilot in command of an aircraft may deviate from this section to the § 91.1609 Special Federal Aviation Reg- extent required by that emergency. Ex- ulation No. 114—Prohibition cept for U.S. air carriers and commer- Against Certain Flights in the Da- cial operators that are subject to the mascus Flight Information Region requirements of 14 CFR part 119, 121, (FIR) (OSTT). 125, or 135, each person who deviates (a) Applicability. This section applies from this section must, within 10 days to the following persons: of the deviation, excluding Saturdays, (1) All U.S. air carriers and U.S. com- Sundays, and Federal holidays, submit mercial operators; to the responsible Flight Standards of- (2) All persons exercising the privi- fice a complete report of the operations leges of an airman certificate issued by of the aircraft involved in the devi- the FAA, except such persons operation, including a description of the de- ating U.S.-registered aircraft for a for- viation and the reasons for it. eign air carrier; and (e) Expiration. This SFAR will remain (3) All operators of civil aircraft reg- in effect until October 27, 2020. The istered in the United States, except FAA may amend, rescind, or extend where the operator of such aircraft is a this SFAR as necessary. foreign air carrier. (f) Definitions. (1) The Simferopol FIR (b) Flight prohibition. Except as pro- (UKFV) is defined as that airspace vided in paragraphs (c) and (d) of this from the surface to unlimited within section, no person described in para- the following lateral limits: graph (a) of this section may conduct 465800N 0360000E–463500N 0364200E– flight operations in the Damascus 463424N 0372206E–452700N 0364100E– Flight Information Region (FIR) 452242N 0364100E–451824N 0363524E– (OSTT). 451442N 0363542E–451218N 0363200E– (c) Permitted operations. This section 450418N 0363418E–445612N 0363636E– does not prohibit persons described in 443100N 0364000E–424400N 0361600E– paragraph (a) of this section from con- 424700N 0340000E–424800N 0320000E– ducting flight operations in the Damas- 424800N 0310000E–424800N 0304500E– cus Flight Information Region (FIR)

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

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those operations in support of govern- FL260 subject to the approval of, and in ment-sponsored activities of a foreign accordance with the conditions estab- country with the support of a U.S. gov- lished by, the appropriate authorities ernment department, agency, or in- of Somalia. strumentality; and third, for all other (c) Permitted operations. This section operations. does not prohibit persons described in (d) Emergency situations. In an emer- paragraph (a) of this section from con- gency that requires immediate decision ducting flight operations in the terri- and action for the safety of the flight, tory and airspace of Somalia at alti- the pilot in command of an aircraft tudes below FL260, provided that such may deviate from this section to the flight operations are conducted under a extent required by that emergency. Ex- contract, grant, or cooperative agree- cept for U.S. air carriers and commer- ment with a department, agency, or in- cial operators that are subject to the strumentality of the U.S. government requirements of 14 CFR part 119, 121, (or under a subcontract between the 125, or 135, each person who deviates prime contractor of the department, from this section must, within 10 days agency, or instrumentality, and the of the deviation, excluding Saturdays, person described in paragraph (a) of Sundays, and Federal holidays, submit this section) with the approval of the to the responsible Flight Standards of- FAA or under an exemption issued by fice a complete report of the operations the FAA. The FAA will process re- of the aircraft involved in the devi- quests for approval or exemption in a ation, including a description of the de- timely manner, with the order of pref- viation and the reasons for it. erence being: First, for those oper- (e) Expiration. This SFAR will remain ations in support of U.S. government- in effect until January 7, 2020. The FAA sponsored activities; second, for those may amend, rescind, or extend this operations in support of government- SFAR as necessary. sponsored activities of a foreign country with the support of a U.S. govern- [Docket FAA–2015–8672, Amdt. 91–340A, 82 FR 58728, Dec. 14, 2017, as amended by Docket ment department, agency, or instru- FAA–2018–0119, Amdt. 91–350, 83 FR 9172, Mar. mentality; and third, for all other oper- 5, 2018] ations. (d) Emergency situations. In an emer- § 91.1613 Special Federal Aviation Reg- gency that requires immediate decision ulation No. 107—Prohibition and action for the safety of the flight, Against Certain Flights in the Ter- the pilot in command of an aircraft ritory and Airspace of Somalia. may deviate from this section to the (a) Applicability. This Special Federal extent required by that emergency. Ex- Aviation Regulation (SFAR) applies to cept for U.S. air carriers and commer- the following persons: cial operators that are subject to the (1) All U.S. air carriers and U.S. com- requirements of 14 CFR part 119, 121, mercial operators; 125, or 135, each person who deviates (2) All persons exercising the privi- from this section must, within 10 days leges of an airman certificate issued by of the deviation, excluding Saturdays, the FAA, except when such persons are Sundays, and Federal holidays, submit operating U.S.-registered aircraft for a to the responsible Flight Standards of- foreign air carrier; and fice a complete report of the operations (3) All operators of U.S.-registered of the aircraft involved in the devi- civil aircraft, except where the operation, including a description of the de- ator of such aircraft is a foreign air viation and the reasons for it. carrier. (e) Expiration. This SFAR will remain (b) Flight prohibition. Except as pro- in effect until January 7, 2020. The FAA vided in paragraphs (c) and (d) of this may amend, rescind, or extend this section, no person described in para- SFAR as necessary. graph (a) of this section may conduct [Docket FAA–2007–27602, Amdt.91–339, 81 FR flight operations in the territory and 726, Jan. 7, 2016, as amended by Amdt. 91– airspace of Somalia at altitudes below 339A, 82 FR 58550, Dec. 13, 2017; Docket FAA– Flight Level (FL) 260. Overflights of 2018–0119, Amdt. 91–350, 83 FR 9172, Mar. 5, Somalia may be conducted at or above 2018]

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§ 91.1615 Special Federal Aviation Reg- cept for U.S. air carriers and commer- ulation No. 79—Prohibition Against cial operators that are subject to the Certain Flights in the Pyongyang requirements of 14 CFR part 119, 121, Flight Information Region (FIR) 125, or 135, each person who deviates (ZKKP). from this section must, within 10 days (a) Applicability. This Special Federal of the deviation, excluding Saturdays, Aviation Regulation (SFAR) applies to Sundays, and Federal holidays, submit the following persons: to the responsible Flight Standards Of- (1) All U.S. air carriers and U.S. com- fice a complete report of the operations mercial operators; of the aircraft involved in the devi- (2) All persons exercising the privi- ation, including a description of the de- leges of an airman certificate issued by viation and the reasons for it. the FAA, except when such persons are (e) Expiration. This SFAR will remain operating U.S.-registered aircraft for a in effect until September 18, 2020. The foreign air carrier; and FAA may amend, rescind, or extend (3) All operators of U.S.-registered this SFAR, as necessary. civil aircraft, except where the operator of such aircraft is a foreign air [Docket No. FAA–2018–0838, Amdt. No. 91–352, carrier. 83 FR 47064, Sept. 18, 2018] (b) Flight prohibition. Except as provided in paragraphs (c) and (d) of this Subpart N—Mitsubishi MU–2B Se- section, no person described in para- ries Special Training, Experi- graph (a) of this section may conduct flight operations in the Pyongyang ence, and Operating Require- Flight Information Region (FIR) ments (ZKKP). (c) Permitted operations. This section SOURCE: Docket FAA–2006–24981, Amdt. 91– does not prohibit persons described in 344, 81 FR 61591, Sept. 7, 2016, unless other- paragraph (a) of this section from con- wise noted. ducting flight operations in the Pyongyang Flight Information Region § 91.1701 Applicability. (FIR) (ZKKP), provided that such flight (a) On and after November 7, 2016, all operations are conducted under a con- training conducted in an MU–2B must tract, grant, or cooperative agreement follow an approved MU–2B training with a department, agency, or instru- program that meets the standards of mentality of the U.S. government (or this subpart. under a subcontract between the prime (b) This subpart applies to all persons contractor of the department, agency, who operate a Mitsubishi MU–2B series or instrumentality and the person de- airplane, including those who act as scribed in paragraph (a) of this section) pilot in command, act as second-in- with the approval of the FAA, or under command, or other persons who manip- an exemption issued by the FAA. The ulate the controls while under the su- FAA will consider requests for ap- pervision of a pilot in command. proval or exemption in a timely man- (c) This subpart also applies to those ner, with the order of preference being: persons who provide pilot training for a First, for those operations in support Mitsubishi MU–2B series airplane. The of U.S. government-sponsored activi- requirements in this subpart are in ad- ties; second, for those operations in dition to the requirements of parts 61, support of government-sponsored activities of a foreign country with the 91, and 135 of this chapter. support of a U.S. Government depart- § 91.1703 Compliance and eligibility. ment, agency, or instrumentality; and third, for all other operations. (a) Except as provided in paragraph (d) Emergency situations. In an emer- (b) of this section, no person may ma- gency that requires immediate decision nipulate the controls, act as PIC, act and action for the safety of the flight, as second-in-command, or provide pilot the pilot in command of an aircraft training for a Mitsubishi MU–2B series may deviate from this section to the airplane unless that person meets the extent required by that emergency. Ex- requirements of this subpart.

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(b) A person who does not meet the (f) Successful completion of Initial/ requirements of this subpart may ma- transition training or Requalification nipulate the controls of a Mitsubishi training is a one-time requirement. A MU–2B series airplane if a pilot in com- person may elect to retake Initial/tran- mand who meets the requirements of sition training or Requalification this subpart is occupying a pilot sta- training in lieu of Recurrent training. tion, no passengers or cargo are carried (g) A person is required to complete on board the airplane, and the flight is Differences training in accordance with being conducted for one of the fol- an FAA approved MU–2B training pro- lowing reasons— gram if that person operates more than (1) The pilot in command is providing one MU–2B model as specified in pilot training to the manipulator of § 91.1707(c). the controls; (2) The pilot in command is con- § 91.1705 Required pilot training. ducting a maintenance test flight with (a) Except as provided in § 91.1703(b), a second pilot or certificated mechanic; no person may manipulate the con- or trols, act as pilot in command, or act (3) The pilot in command is con- as second-in-command of a Mitsubishi ducting simulated instrument flight MU–2B series airplane for the purpose and is using a safety pilot other than of flight unless— the pilot in command who manipulates (1) The requirements for ground and the controls for the purposes of flight training on Initial/transition, § 91.109(b). Requalification, Recurrent, and Dif- (c) A person is required to complete ferences training have been completed Initial/transition training if that person in accordance with an FAA approved has fewer than— MU–2B training program that meets (1) 50 hours of documented flight the standards of this subpart; and time manipulating the controls while (2) That person’s logbook has been serving as pilot in command of a endorsed in accordance with paragraph Mitsubishi MU–2B series airplane in (f) of this section. the preceding 24 months; or (b) Except as provided in § 91.1703(b), (2) 500 hours of documented flight no person may manipulate the con- time manipulating the controls while trols, act as pilot in command, or act serving as pilot in command of a as second-in-command, of a Mitsubishi Mitsubishi MU–2B series airplane. MU–2B series airplane for the purpose (d) A person is eligible to receive Re- of flight unless— qualification training in lieu of Initial/ (1) That person satisfactorily com- transition training if that person has pletes, if applicable, annual Recurrent at least— pilot training on the Special Emphasis (1) 50 hours of documented flight Items, and all items listed in the Train- time manipulating the controls while ing Course Final Phase Check in accord- serving as pilot in command of a ance with an FAA approved MU–2B Mitsubishi MU–2B series airplane in training program that meets the stand- the preceding 24 months; or ards of this subpart; and (2) 500 hours of documented flight (2) That person’s logbook has been time manipulating the controls while endorsed in accordance with paragraph serving as pilot in command of a (f) of this section. Mitsubishi MU–2B series airplane. (c) Satisfactory completion of the (e) A person is required to complete competency check required by § 135.293 Recurrent training within the preceding of this chapter within the preceding 12 12 months. Successful completion of calendar months may not be sub- Initial/transition or Requalification stituted for the Mitsubishi MU–2B se- training within the preceding 12 ries airplane annual recurrent flight months satisfies the requirement of training of this section. Recurrent training. A person must suc- (d) Satisfactory completion of a Fed- cessfully complete Initial/transition eral Aviation Administration spon- training or Requalification training be- sored pilot proficiency program, as de- fore being eligible to receive Recurrent scribed in § 61.56(e) of this chapter may training. not be substituted for the Mitsubishi

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MU–2B series airplane annual recurrent files applicable to the MU–2B model flight training of this section. being trained: (e) If a person complies with the re- (i) Normal takeoff with 5- and 20- de- quirements of paragraph (a) or (b) of grees flaps; this section in the calendar month be- (ii) Takeoff engine failure with 5- and fore or the calendar month after the 20- degrees flaps; month in which compliance with these (iii) Takeoff engine failure on runway paragraphs are required, that person is or rejected takeoff; considered to have accomplished the (iv) Takeoff engine failure after lift- training requirement in the month the off—unable to climb (may be completed training is due. in classroom or flight training device (f) The endorsement required under only); paragraph (a) and (b) of this section (v) Steep turns; must be made by— (vi) Slow flight maneuvers; (1) A certificated flight instructor or (vii) One engine inoperative maneu- a simulator instructor authorized by a vering with loss of directional control; Training Center certificated under part (viii) Approach to stall in clean con- 142 of this chapter and meeting the figuration and with wings level; qualifications of § 91.1713; or (ix) Approach to stall in takeoff con- (2) For persons operating the figuration with 15- to 30- degrees bank; Mitsubishi MU–2B series airplane for a (x) Approach to stall in landing con- 14 CFR part 119 certificate holder with- figuration with gear down and 40-de- in the last 12 calendar months, the part grees of flaps; 119 certificate holder’s flight instructor (xi) Accelerated stall with no flaps; if authorized by the FAA and if that (xii) Emergency descent at low speed; flight instructor meets the require- (xiii) Emergency descent at high ments of § 91.1713. speed; (g) All training conducted for a (xiv) Unusual attitude recovery with Mitsubishi MU–2B series airplane must the nose high; be completed in accordance with an (xv) Unusual attitude recovery with MU–2B series airplane checklist that the nose low; has been accepted by the Federal Avia- (xvi) Normal landing with 20- and 40- tion Administration’s MU–2B Flight degrees flaps; Standardization Board or the applica- (xvii) Go around and rejected land- ble MU–2B series checklist (incor- ing; porated by reference, see § 91.1721). (xviii) No flap or 5- degrees flaps (h) MU–2B training programs must landing; contain ground training and flight (xix) One engine inoperative landing training sufficient to ensure pilot pro- with 5- and 20- degrees flaps; ficiency for the safe operation of MU– (xx) Crosswind landing; 2B aircraft, including: (xxi) Instrument landing system (1) A ground training curriculum suf- (ILS) and missed approach ; ficient to ensure pilot knowledge of (xxii) Two engine missed approach; MU–2B aircraft, aircraft systems, and (xxiii) One engine inoperative ILS procedures, necessary for safe oper- and missed approach; ation; and (xxiv) One engine inoperative missed (2) Flight training curriculum includ- approach; ing flight training maneuver profiles (xxv) Non-precision and missed ap- sufficient in number and detail to en- proach; sure pilot proficiency in all MU–2B op- (xxvi) Non-precision continuous de- erations for each MU–2B model in cor- scent final approach and missed ap- relation with MU–2B limitations, pro- proach; cedures, aircraft performance, and MU– (xxvii) One engine inoperative non- 2B Cockpit Checklist procedures appli- precision and missed approach; cable to the MU–2B model being (xxviii) One engine inoperative non- trained. A MU–2B training program precision CDFA and missed approach; must contain, at a minimum, the fol- (xxix) Circling approach at weather lowing flight training maneuver pro- minimums;

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(xxx) One engine inoperative circling tion, and § 91.1707(c) for differences approach at weather minimums. training. (3) Flight training must include a (i) No training credit is given for sec- final phase check sufficient to docu- ond-in-command training and no credit ment pilot proficiency in the flight is given for right seat time under this training maneuver profiles at the com- program. Only the sole manipulator of pletion of training; and the controls of the MU–2B airplane, (4) Differences training for applicable flight training device, or Level C or D MU–2B model variants sufficient to en- simulator can receive training credit sure pilot proficiency in each model op- under this program; erated. Current MU–2B differences re- (ii) An MU–2B airplane must be oper- quirements are specified in § 91.1707(c). ated in accordance with an FAA ap- A person must complete Differences proved MU–2B training program that training if a person operates more than meets the standards of this subpart and one MU–2B model as specified in the training hours in § 91.1707. § 91.1707(c). Differences training be- (7) Endorsements given for compli- tween the factory type design K and M ance with paragraph (f) of this section models of the MU–2B airplane, and the must be appropriate to the content of factory type design J and L models of that specific MU–2B training program’s the MU–2B airplane, may be accom- compliance with standards of this sub- plished with Level A training. All part. other factory type design differences training must be accomplished with § 91.1707 Training program hours. Level B training unless otherwise specified in § 91.1707(c) . A Level A or B dif- (a) Ground instruction hours are list- ferences training is not a recurring an- ed in the following table: nual requirement. Once a person has completed Initial Level A or B Dif- Initial/transition Requalificaton Recurrent ferences training between the applica- 20 hours ...... 12 hours ...... 8 hours. ble different models, no additional differences training between those models (b) Flight instruction hours are listed is required. in the following table: (5) Icing training sufficient to ensure pilot knowledge and safe operation of Initial/transition Requalification Recurrent the MU–2B aircraft in icing conditions 12 hours with a 8 hours level C or 4 hours at level E, as established by the FAA; minimum of 6 level E. or 6 hours at (6) Ground and flight training pro- hours at level E. level C. grams must include training hours identified by § 91.1707(a) for ground in- (c) Differences training hours are struction, § 91.1707(b) for flight instruc- listed in the following table:

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

(d) Definitions of levels of training as Level 5 or 6 flight training device. In used in this subpart: addition to the basic FTD require- (1) LEVEL A Training—Training that ments, the FTD must be representative is conducted through self-instruction of the MU–2B cockpit controls and be by the pilot. specifically approved by the FAA for (2) LEVEL B Training—Training that the MU–2B airplane. is conducted in the classroom environ- (4) Level E Training—Training that ment with the aid of a qualified in- must be accomplished in the MU–2B structor who meets the requirements airplane, Level C simulator, or Level D of this subpart. simulator. (3) LEVEL C Training—Training that is accomplished in an FAA-approved

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§ 91.1709 Training program approval. FAA-approved Mitsubishi MU–2B flight To obtain approval for an MU–2B training device, 25 hours of which must training program, training providers have been within the preceding 12 must submit a proposed training pro- months. gram to the Administrator. (b) Flight Instructor (Simulator/Flight (a) Only training programs approved Training Device). No flight instructor by the Administrator may be used to may provide instruction for the satisfy the standards of this subpart. Mitsubishi MU–2B series airplane un- (b) For part 91 training providers, less that instructor meets the require- training programs will be approved for ments of this paragraph— 24 months, unless sooner superseded or (1) Each flight instructor who pro- rescinded. vides flight training for the Mitsubishi (c) The Administrator may require MU–2B series airplane must meet the revision of an approved MU–2B training pilot training and documentation re- program at any time. quirements of § 91.1705 before giving (d) A training provider must present flight instruction for the Mitsubishi its approved training program and FAA MU–2B series airplane; approval documentation to any rep- (2) Each flight instructor who pro- resentative of the Administrator, upon vides flight training for the Mitsubishi request. MU–2B series airplane must meet the currency requirements of § 91.1715(c) be- § 91.1711 Aeronautical experience. fore giving flight instruction for the No person may act as a pilot in com- Mitsubishi MU–2B series airplane; mand of a Mitsubishi MU–2B series air- (3) Each flight instructor who pro- plane for the purpose of flight unless vides flight training for the Mitsubishi that person holds an airplane category MU–2B series airplane must have: and multi-engine land class rating, and (i) A minimum total pilot time of has logged a minimum of 100 flight 2000 pilot–in-command hours and 800 hours of PIC time in multi-engine air- pilot-in-command hours in multiengine planes. airplanes; and (ii) Within the preceding 12 months, § 91.1713 Instruction, checking, and either 50 hours of Mitsubishi MU–2B se- evaluation. ries airplane pilot-in-command experi- (a) Flight Instructor (Airplane). No ence or 50 hours providing simulator or flight instructor may provide instruc- flight training device instruction for tion or conduct a flight review in a the Mitsubishi MU–2B. Mitsubishi MU–2B series airplane un- (c) Checking and evaluation. No person less that flight instructor may provide checking or evaluation for (1) Meets the pilot training and docu- the Mitsubishi MU–2B series airplane mentation requirements of § 91.1705 be- unless that person meets the require- fore giving flight instruction in the ments of this paragraph— Mitsubishi MU–2B series airplane; (1) For the purpose of checking, des- (2) Meets the currency requirements ignated pilot examiners, training cen- of §§ 91.1715(a) and 91.1715(c) ter evaluators, and check airmen must (3) Has a minimum total pilot time of have completed the appropriate train- 2,000 pilot-in-command hours and 800 ing in the Mitsubishi MU–2B series air- pilot-in-command hours in multiengine plane in accordance with § 91.1705; airplanes; and (2) For checking conducted in the (4) Has: Mitsubishi MU–2B series airplane, each (i) 300 pilot-in-command hours in the designated pilot examiner and check Mitsubishi MU–2B series airplane, 50 airman must have 100 hours pilot-in- hours of which must have been within command flight time in the Mitsubishi the preceding 12 months; or MU–2B series airplane and maintain (ii) 100 pilot-in-command hours in the currency in accordance with § 91.1715. Mitsubishi MU–2B series airplane, 25 hours of which must have been within § 91.1715 Currency requirements and the preceding 12 months, and 300 hours flight review. providing instruction in a FAA-ap- (a) The takeoff and landing currency proved Mitsubishi MU–2B simulator or requirements of § 61.57 of this chapter

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must be maintained in the Mitsubishi pilot operations without a functional MU–2B series airplane. Takeoff and autopilot when— landings in other multiengine air- (1) Operating under day visual flight planes do not meet the takeoff and rule requirements; or landing currency requirements for the (2) Authorized under a FAA approved Mitsubishi MU–2B series plane. Takeoff minimum equipment list for that air- and landings in either the short-body plane, operating under instrument or long-body Mitsubishi MU–2B model flight rule requirements in daytime airplane may be credited toward take- visual meteorological conditions. off and landing currency for both (c) No person may operate a Mitsubishi MU–2B model groups. Mitsubishi MU–2B series airplane un- (b) Instrument experience obtained in less a copy of the appropriate other category and class of aircraft Mitsubishi Heavy Industries MU–2B may be used to satisfy the instrument Airplane Flight Manual is carried on currency requirements of § 61.57 of this board the airplane and is accessible chapter for the Mitsubishi MU–2B se- during each flight at the pilot station. ries airplane. (d) No person may operate a (c) Satisfactory completion of a Mitsubishi MU–2B series airplane un- flight review to satisfy the require- less an MU–2B series airplane check- ments of § 61.56 of this chapter is valid list, appropriate for the model being for operation of a Mitsubishi MU–2B se- operated and accepted by the Federal ries airplane only if that flight review Aviation Administration MU–2B Flight is conducted in a Mitsubishi MU–2B se- Standardization Board, is accessible for ries airplane or an MU–2B Simulator each flight at the pilot station and is approved for landings with an approved used by the flight crewmembers when course conducted under part 142 of this operating the airplane. chapter. The flight review for (e) No person may operate a Mitsubishi MU–2B series airplanes Mitsubishi MU–2B series airplane con- must include the Special Emphasis trary to the standards of this subpart. Items, and all items listed in the Train- (f) If there are any differences being Course Final Phase Check in accord- tween the training and operating re- ance with an approved MU–2B Training quirements of this subpart and the Program. MU–2B Airplane Flight Manual’s procedures sections (Normal, Abnormal, and (d) A person who successfully com- Emergency) and the MU–2B airplane pletes the Initial/transition, Requali- series checklist incorporated by ref- fication, or Recurrent training require- erence in § 91.1721, the person operating ments under § 91.1705 of this chapter the airplane must operate the airplane also meet the requirements of § 61.56 of in accordance with the training speci- this chapter and need not accomplish a fied in this subpart. separate flight review provided that at least 1 hour of the flight training was § 91.1719 Credit for prior training. conducted in the Mitsubishi MU–2B series airplane or an MU–2B Simulator Initial/transition, requalification, re- approved for landings with an approved current or Level B differences training course conducted under part 142 of this conducted prior to November 7, 2016, chapter. compliant with SFAR No. 108, Section 3 of this part, is considered to be com- [Docket FAA–2006–24981, Amdt. 91–344, 81 FR pliant with this subpart, if the student 61591, Sept. 7, 2016; Amdt. 91–344A, 82 FR met the eligibility requirements for 21472, May 9, 2017] the applicable category of training and the student’s instructor met the expe- § 91.1717 Operating requirements. rience requirements of this subpart. (a) Except as provided in paragraph (b) of this section, no person may oper- § 91.1721 Incorporation by reference. ate a Mitsubishi MU–2B airplane in sin- (a) The Mitsubishi Heavy Industries gle pilot operations unless that air- MU–2B Cockpit Checklists are incor- plane has a functional autopilot. porated by reference into this part. The (b) A person may operate a Director of the Federal Register ap- Mitsubishi MU–2B airplane in single proved this incorporation by reference

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in accordance with 5 U.S.C. 552(a) and 1 (xi) Cockpit Checklist, Model MU–2B– CFR part 51. All approved material is 25, Type Certificate A2PC, MHI Docu- available for inspection at U.S. Depart- ment No. YET06248A, accepted by FSB ment of Transportation, Docket Man- on March 2, 2007. agement Facility, Room W 12–140, West (xii) Cockpit Checklist, Model MU– Building Ground Floor, 1200 New Jer- 2B–20, Type Certificate A2PC, MHI Doc- sey Ave. SE., Washington, DC 20590– ument No. YET06247A, accepted by 0001, or at the National Archives and FSB on February 12, 2007. Records Administration, call 202–741– (xiii)–(xiv) [Reserved] 6030, or go to: http://www.archives.gov/ (xv) Cockpit Checklist, Model MU– federallregister/ 2B–15, Type Certificate A2PC, MHI Doc- codeloflfederallregulations/ ument No. YET06246A, accepted by ibrllocations.html. FSB on March 2, 2007. (b) Mitsubishi Heavy Industries (xvi) Cockpit Checklist, Model MU– America, Inc., 4951 Airport Parkway, 2B–10, Type Certificate A2PC, MHI Doc- Suite 530, Addison, TX 75001. ument No. YET06245A, accepted by (1) Mitsubishi Heavy Industries MU– FSB on March 2, 2007. 2B Checklists: (xvii) Cockpit Checklist, Model MU– (i) Cockpit Checklist, Model MU–2B– 2B, Type Certificate A2PC, MHI Docu- 60, Type Certificate A10SW, MHI Docu- ment No. YET06244A, accepted by FSB ment No. YET06220C, accepted by FSB on March 2, 2007. on February 12, 2007. (2) [Reserved] (ii) Cockpit Checklist, Model MU–2B– 40, Type Certificate A10SW, MHI Docu- [Docket FAA–2006–24981, Amdt. 91–344, 81 FR ment No. YET06256A, accepted by FSB 61591, Sept. 7, 2016; Amdt. 91–344A, 82 FR 21472, May 9, 2017] on February 12, 2007. (iii) Cockpit Checklist, Model MU– APPENDIX A TO PART 91—CATEGORY II 2B–36A, Type Certificate A10SW, MHI OPERATIONS: MANUAL, INSTRU- Document No. YET06257B, accepted by MENTS, EQUIPMENT, AND MAINTE- FSB on February 12, 2007. NANCE (iv) Cockpit Checklist, Model MU–2B– 36, Type Certificate A2PC, MHI Docu- 1. Category II Manual ment No. YET06252B, accepted by FSB (a) Application for approval. An applicant on February 12, 2007. for approval of a Category II manual or an (v) Cockpit Checklist, Model MU–2B– amendment to an approved Category II man- 35, Type Certificate A2PC, MHI Docu- ual must submit the proposed manual or ment No. YET06251B, accepted by FSB amendment to the responsible Flight Stand- ards office. If the application requests an on February 12, 2007. evaluation program, it must include the fol- (vi) Cockpit Checklist, Model MU–2B– lowing: 30, Type Certificate A2PC, MHI Docu- (1) The location of the aircraft and the ment No. YET06250A, accepted by FSB place where the demonstrations are to be on March 2, 2007. conducted; and (vii) Cockpit Checklist, Model MU– (2) The date the demonstrations are to 2B–26A, Type Certificate A10SW, MHI commence (at least 10 days after filing the Document No. YET06255A, accepted by application). FSB on February 12, 2007. (b) Contents. Each Category II manual must contain: (viii) Cockpit Checklist, Model MU– (1) The registration number, make, and 2B–26, Type Certificate A2PC, MHI Doc- model of the aircraft to which it applies; ument No. YET06249A, accepted by (2) A maintenance program as specified in FSB on March 2, 2007. section 4 of this appendix; and (ix) Cockpit Checklist, Model MU–2B– (3) The procedures and instructions related 26, Type Certificate A10SW, MHI Docu- to recognition of decision height, use of run- ment No. YET06254A, accepted by FSB way visual range information, approach on March 2, 2007. monitoring, the decision region (the region between the middle marker and the decision (x) Cockpit Checklist, Model MU–2B– height), the maximum permissible devi- 25, Type Certificate A10SW, MHI Docu- ations of the basic ILS indicator within the ment No. YET06253A, accepted by FSB decision region, a missed approach, use of on March 2, 2007. airborne low approach equipment, minimum

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

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or 5 percent, whichever is greater, under the cent of full-scale deflection as displayed on following conditions: the ILS indicator; (i) Pitch angles of zero to plus or minus 5 (iv) No unusual roughness or excessive at- degrees about the mean approach attitude. titude changes occur after leaving the mid- (ii) Roll angles of zero to 20 degrees in ei- dle marker; and ther direction. (v) In the case of an aircraft equipped with (iii) Forward velocities from minimum ap- an approach coupler, the aircraft is suffi- proach speed up to 200 knots. ciently in trim when the approach coupler is (iv) Sink rates from zero to 15 feet per sec- disconnected at the decision height to allow ond at altitudes from 100 to 200 feet. for the continuation of a normal approach (3) Over level ground, it must track the ac- and landing. tual altitude of the aircraft without signifi- (3) Records. During the evaluation program cant lag or oscillation. the following information must be main- (4) With the aircraft at an altitude of 200 tained by the applicant for the aircraft with feet or less, any abrupt change in terrain respect to each approach and made available representing no more than 10 percent of the to the Adninistrator upon request: aircraft’s altitude must not cause the altim- (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 height if auto throttles are used. without an antenna) at a simulated altitude (iv) Trim condition of the aircraft upon of less than 500 feet. disconnecting the auto coupler with respect (6) The system must provide to the flight to continuation to flare and landing. crew a positive failure warning display any (v) Position of the aircraft at the middle time there is a loss of power or an absence of marker and at the decision height indicated ground return signals within the designed both on a diagram of the basic ILS display range of operating altitudes. and a diagram of the runway extended to the (d) Other instruments and equipment. All middle marker. Estimated touchdown point other instruments and items of equipment must be indicated on the runway diagram. required by § 2 of this appendix must be capa- (vi) Compatibility of flight director with ble of performing as necessary for Category the auto coupler, if applicable. II operations. Approval is also required after (vii) Quality of overall system perform- each subsequent alteration to these instru- ance. ments and items of equipment. (4) Evaluation. A final evaluation of the (e) Evaluation program—(1) Application. Ap- flight control guidance system is made upon proval by evaluation is requested as a part of successful completion of the demonstrations. the application for approval of the Category If no hazardous tendencies have been dis- II manual. played or are otherwise known to exist, the (2) Demonstrations. Unless otherwise au- system is approved as installed. thorized by the Administrator, the evaluation program for each aircraft requires the 4. Maintenance program demonstrations specified in this paragraph. (a) Each maintenance program must con- At least 50 ILS approaches must be flown tain the following: with at least five approaches on each of (1) A list of each instrument and item of three different ILS facilities and no more equipment specified in § 2 of this appendix than one half of the total approaches on any that is installed in the aircraft and approved one ILS facility. All approaches shall be for Category II operations, including the flown under simulated instrument conditions make and model of those specified in § 2(a). to a 100-foot decision height and 90 percent of (2) A schedule that provides for the per- the total approaches made must be success- formance of inspections under subparagraph ful. A successful approach is one in which— (5) of this paragraph within 3 calendar (i) At the 100-foot decision height, the indi- months after the date of the previous inspec- cated airspeed and heading are satisfactory tion. The inspection must be performed by a for a normal flare and landing (speed must be person authorized by part 43 of this chapter, plus or minus 5 knots of programmed air- except that each alternate inspection may be speed, but may not be less than computed replaced by a functional flight check. This threshold speed if autothrottles are used); functional flight check must be performed (ii) The aircraft at the 100-foot decision by a pilot holding a Category II pilot author- height, is positioned so that the cockpit is ization for the type aircraft checked. within, and tracking so as to remain within, (3) A schedule that provides for the per- the lateral confines of the runway extended; formance of bench checks for each listed in- (iii) Deviation from glide slope after leav- strument and item of equipment that is spec- ing the outer marker does not exceed 50 per- ified in section 2(a) within 12 calendar

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months after the date of the previous bench APPENDIX B TO PART 91—AUTHORIZA- check. TIONS TO EXCEED MACH 1 (§ 91.817) (4) A schedule that provides for the performance of a test and inspection of each Section 1. Application static pressure system in accordance with (a) An applicant for an authorization to ex- appendix E to part 43 of this chapter within ceed Mach 1 must apply in a form and man- 12 calendar months after the date of the pre- ner prescribed by the Administrator and vious test and inspection. must comply with this appendix. (5) The procedures for the performance of (b) In addition, each application for an au- the periodic inspections and functional flight thorization to exceed Mach 1 covered by sec- checks to determine the ability of each list- tion 2(a) of this appendix must contain all ed instrument and item of equipment speci- information requested by the Administrator fied in section 2(a) of this appendix to per- necessary to assist him in determining form as approved for Category II operations whether the designation of a particular test including a procedure for recording func- area or issuance of a particular authoriza- tional flight checks. tion is a ‘‘major Federal action significantly (6) A procedure for assuring that the pilot affecting the quality of the human environ- is informed of all defects in listed instrument’’ within the meaning of the National ments and items of equipment. Environmental Policy Act of 1969 (42 U.S.C. (7) A procedure for assuring that the condi- 4321 et seq.), and to assist him in complying tion of each listed instrument and item of with that act and with related Executive Or- equipment upon which maintenance is per- ders, guidelines, and orders prior to such ac- formed is at least equal to its Category II ap- tion. proval condition before it is returned to serv- (c) In addition, each application for an au- ice for Category II operations. thorization to exceed Mach 1 covered by section 2(a) of this appendix must contain— (8) A procedure for an entry in the mainte- (1) Information showing that operation at nance records required by § 43.9 of this chap- a speed greater than Mach 1 is necessary to ter that shows the date, airport, and reasons accomplish one or more of the purposes spec- for each discontinued Category II operation ified in section 2(a) of this appendix, includ- because of a malfunction of a listed instru- ing a showing that the purpose of the test ment or item of equipment. cannot be safely or properly accomplished by (b) Bench check. A bench check required by overocean testing; this section must comply with this para- (2) A description of the test area proposed graph. by the applicant, including an environmental (1) It must be performed by a certificated analysis of that area meeting the require- repair station holding one of the following ments of paragraph (b) of this section; and ratings as appropriate to the equipment (3) Conditions and limitations that will en- checked: sure that no measurable sonic boom over- (i) An instrument rating. pressure will reach the surface outside of the (ii) A radio rating. 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; (a) For a flight in a designated test area, (ii) Correction of items found by that vis- an authorization to exceed Mach 1 may be ual inspection; and issued when the Administrator has taken the (iii) Calibration to at least the manufac- environmental protective actions specified turer’s specifications unless otherwise speci- in section 1(b) of this appendix and the appli- fied in the approved Category II manual for cant shows one or more of the following: the aircraft in which the instrument or item (1) The flight is necessary to show compli- of equipment is installed. ance with airworthiness requirements. (c) Extensions. After the completion of one (2) The flight is necessary to determine the maintenance cycle of 12 calendar months, a 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 speeds greater than a true flight Mach num- [Doc. No. 18334, 54 FR 34325, Aug. 18, 1989, as ber of 1 will not cause a measurable sonic amended by Amdt. 91–269, 66 FR 41116, Aug. 6, boom overpressure to reach the surface. 2001; Docket FAA–2018–0119, Amdt. 91–350, 83 (b) For a flight outside of a designated test FR 9172, Mar. 5, 2018] area, an authorization to exceed Mach 1 may

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

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

APPENDIX E TO PART 91—AIRPLANE FLIGHT RECORDER SPECIFICATIONS

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

Relative Time (From 8 hr minimum ...... ±0.125% per hour ...... 1 ...... 1 sec. Recorded on Prior to Takeoff). Indicated Airspeed ..... Vso to VD (KIAS) ...... ±5% or ±10 kts., which- 1 ...... 1% 3 ever is greater. Resolu- tion 2 kts. below 175 KIAS.

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

Altitude ...... ¥1,000 ft. to max cert. ±100 to ±700 ft. (see 1 ...... 25 to 150 ft. alt. of A/C. Table 1, TSO C51–a). Magnetic Heading ..... 360° ...... ±5° ...... 1 ...... 1° Vertical Acceleration .. ¥3g to + 6g ...... ±0.2g in addition to ±0.3g 4 (or 1 per second 0.03g. maximum datum. where peaks, ref. to 1g are recorded). Longitudinal Accelera- ±1.0g ...... ±1.5% max. range ex- 2 ...... 0.01g. tion. cluding datum error of ±5%. Pitch Attitude ...... 100% of usable ...... ±2° ...... 1 ...... 0.8° Roll Attitude ...... ±60° or 100% of usable ±2° ...... 1 ...... 0.8° range, whichever is greater. Stabilizer Trim Posi- Full Range ...... ±3% unless higher 1 ...... 1% 3 tion, or. uniquely required. Pitch Control Posi- tion 5. Engine Power, Each Full Range ...... ±3% unless higher 1 ...... 1% 3 Engine: uniquely required. Fan or N 1 Speed Maximum Range ...... ±5% ...... 1 ...... 1% 3 or EPR or Cockpit 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). 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. 5 For Pitch Control Position only, for all aircraft manufactured on or after April 6, 2012, the sampling interval (per second) is 8. Each input must be recorded at this rate. Alternately sampling inputs (interleaving) to meet this sampling interval is prohibited.

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

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APPENDIX F TO PART 91—HELICOPTER FLIGHT RECORDER SPECIFICATIONS

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

Relative Time (From 4 hr minimum ...... ±0.125% per hour ...... 1 ...... 1 sec. Recorded on Prior to Takeoff). Indicated Airspeed ..... VM in to VD (KIAS) (min- ±5% or ±10 kts., which- 1 ...... 1 kt. imum airspeed signal ever is greater. attainable with installed pilot-static system). Altitude ...... ¥1,000 ft. to 20,000 ft. ±100 to ±700 ft. (see 1 ...... 25 to 150 ft. pressure altitude. Table 1, TSO 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 4 ...... Full range ...... ±3% ...... 2 ...... 1%2. Pedal Position 4 ...... Full range ...... ±3% ...... 2 ...... 1%2. Lat. Cyclic 4 ...... Full range ...... ±3% ...... 2 ...... 1%2. Long. Cyclic 4 ...... Full range ...... ±3% ...... 2 ...... 1%2. Controllable Stabilator Full range ...... ±3% ...... 2 ...... 1%2. Position 4.

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

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APPENDIX G TO PART 91—OPERATIONS IN the maneuvering airspeed, whichever is REDUCED VERTICAL SEPARATION lower; (ii) To the maximum operating airspeed MINIMUM (RVSM) AIRSPACE (Vmo/Mmo), or airspeed limited by cruise Section 1. Definitions thrust buffet, or other flight limitations, whichever is lower. Reduced Vertical Separation Minimum (3) All permissible gross weights within the (RVSM) Airspace. Within RVSM airspace, air flight envelopes defined in paragraphs (1) and traffic control (ATC) separates aircraft by a (2) of this definition. minimum of 1,000 feet vertically between (b) The basic RVSM flight envelope is the flight level (FL) 290 and FL 410 inclusive. same as the full RVSM flight envelope ex- RVSM airspace is special qualification air- cept that the airspeed flight envelope ex- space; the operator and the aircraft used by tends: the operator must be approved by the Ad- (1) From the airspeed of the slats/flaps-up ministrator. Air-traffic control notifies oper- maximum endurance (holding) airspeed, or ators of RVSM by providing route planning the maneuver airspeed, whichever is lower; information. Section 8 of this appendix iden- (2) To the upper Mach/airspeed boundary tifies airspace where RVSM may be applied. defined for the full RVSM flight envelope, or RVSM Group Aircraft. Aircraft within a a specified lower value not less than the group of aircraft, approved as a group by the long-range cruise Mach number plus .04 Administrator, in which each of the aircraft Mach, unless further limited by available satisfy each of the following: cruise thrust, buffet, or other flight limita- (a) The aircraft have been manufactured to tions. the same design, and have been approved under the same type certificate, amended Section 2. Aircraft Approval type certificate, or supplemental type cer- (a) An operator may be authorized to con- tificate. duct RVSM operations if the Administrator (b) The static system of each aircraft is in- finds that its aircraft comply with this sec- stalled in a manner and position that is the tion. same as those of the other aircraft in the (b) The applicant for authorization shall group. The same static source error correc- submit the appropriate data package for air- tion is incorporated in each aircraft of the craft approval. The package must consist of group. at least the following: (c) The avionics units installed in each air- (1) An identification of the RVSM aircraft craft to meet the minimum RVSM equip- group or the nongroup aircraft; ment requirements of this appendix are: (2) A definition of the RVSM flight enve- (1) Manufactured to the same manufac- lopes applicable to the subject aircraft; turer specification and have the same part (3) Documentation that establishes compli- number; or ance with the applicable RVSM aircraft re- (2) Of a different manufacturer or part quirements of this section; and number, if the applicant demonstrates that (4) The conformity tests used to ensure the equipment provides equivalent system that aircraft approved with the data package meet the RVSM aircraft requirements. performance. (c) Altitude-keeping equipment: All aircraft. RVSM Nongroup Aircraft. An aircraft that To approve an aircraft group or a nongroup is approved for RVSM operations as an indi- aircraft, the Administrator must find that vidual aircraft. the aircraft meets the following require- RVSM Flight envelope. An RVSM flight en- ments: velope includes the range of Mach number, (1) The aircraft must be equipped with two weight divided by atmospheric pressure operational independent altitude measure- ratio, and altitudes over which an aircraft is ment systems. approved to be operated in cruising flight (2) The aircraft must be equipped with at within RVSM airspace. RVSM flight enve- least one automatic altitude control system lopes are defined as follows: that controls the aircraft altitude— (a) The full RVSM flight envelope is bounded (i) Within a tolerance band of ±65 feet as follows: about an acquired altitude when the aircraft (1) The altitude flight envelope extends is operated in straight and level flight under from FL 290 upward to the lowest altitude of nonturbulent, nongust conditions; or the following: (ii) Within a tolerance band of ±130 feet (i) FL 410 (the RVSM altitude limit); under nonturbulent, nongust conditions for (ii) The maximum certificated altitude for aircraft for which application for type cer- the aircraft; or tification occurred on or before April 9, 1997 (iii) The altitude limited by cruise thrust, that are equipped with an automatic altitude buffet, or other flight limitations. control system with flight management/per- (2) The airspeed flight envelope extends: formance system inputs. (i) From the airspeed of the slats/flaps-up (3) The aircraft must be equipped with an maximum endurance (holding) airspeed, or altitude alert system that signals an alert

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when the altitude displayed to the flight craft, the Administrator must find that the crew deviates from the selected altitude by altimetry system error (ASE) is contained as more than: follows: (i) ±300 feet for aircraft for which applica- (1) For each condition in the basic RVSM tion for type certification was made on or flight envelope, the largest combined abso- before April 9, 1997; or lute value for residual static source error ± (ii) 200 feet for aircraft for which applica- plus the avionics error may not exceed 160 tion for type certification is made after feet. April 9, 1997. (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. (3) At the point in the full RVSM flight en- writing. velope where mean ASE reaches its largest Section 3. Operator Authorization absolute value, the absolute value may not exceed 120 feet. (a) Authority for an operator to conduct (4) At the point in the full RVSM flight en- flight in airspace where RVSM is applied is velope where mean ASE plus three standard issued in operations specifications, a Letter deviations reaches its largest absolute value, of Authorization, or management specifica- the absolute value may not exceed 245 feet. tions issued under subpart K of this part, as (5) Necessary operating restrictions. If the ap- appropriate. To issue an RVSM authoriza- plicant demonstrates that its aircraft other- tion, the Administrator must find that the wise comply with the ASE containment re- operator’s aircraft have been approved in ac- quirements, the Administrator may estab- cordance with Section 2 of this appendix and lish an operating restriction on that appli- the operator complies with this section. cant’s aircraft to restrict the aircraft from operating in areas of the basic RVSM flight (b) An applicant for authorization to oper- envelope where the absolute value of mean ate within RVSM airspace shall apply in a ASE exceeds 80 feet, and/or the absolute form and manner prescribed by the Adminis- value of mean ASE plus three standard devi- trator. The application must include the fol- ations exceeds 200 feet; or from operating in lowing: areas of the full RVSM flight envelope where (1) [Reserved] the absolute value of the mean ASE exceeds (2) For an applicant who operates under 120 feet and/or the absolute value of the part 121 or 135 of this chapter or under sub- mean ASE plus three standard deviations ex- part K of this part, initial and recurring ceeds 245 feet. pilot training requirements. (e) Altimetry system error containment: Group (3) Policies and procedures: An applicant aircraft for which application for type certifi- who operates under part 121 or 135 of this cation is made after April 9, 1997. To approve chapter or under subpart K of this part must group aircraft for which application for type submit RVSM policies and procedures that certification is made after April 9, 1997, the will enable it to conduct RVSM operations Administrator must find that the altimetry safely. system error (ASE) is contained as follows: (c) Validation and Demonstration. In a (1) At the point in the full RVSM flight en- manner prescribed by the Administrator, the velope where mean ASE reaches its largest operator must provide evidence that: absolute value, the absolute value may not exceed 80 feet. (1) It is capable to operate and maintain (2) At the point in the full RVSM flight en- each aircraft or aircraft group for which it velope where mean ASE plus three standard applies for approval to operate in RVSM air- deviations reaches its largest absolute value, space; and the absolute value may not exceed 200 feet. (2) Each pilot has an adequate knowledge (f) Altimetry system error containment: of RVSM requirements, policies, and proce- Nongroup aircraft. To approve a nongroup air- dures.

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Section 4. RVSM Operations (b) Failing to make an effective and timely response to identify and correct an altitude- (a) Each person requesting a clearance to keeping error; or operate within RVSM airspace shall cor- rectly annotate the flight plan filed with air (c) Failing to report an altitude-keeping traffic control with the status of the oper- error. ator and aircraft with regard to RVSM ap- Section 8. Airspace Designation proval. Each operator shall verify RVSM applicability for the flight planned route (a) RVSM in the North Atlantic. (1) RVSM through the appropriate flight planning in- may be applied in the NAT in the following formation sources. ICAO Flight Information Regions (FIRs): (b) No person may show, on the flight plan New York Oceanic, Gander Oceanic, filed with air traffic control, an operator or Sondrestrom FIR, Reykjavik Oceanic, aircraft as approved for RVSM operations, or Shanwick Oceanic, and Santa Maria Oceanic. operate on a route or in an area where RVSM (2) RVSM may be effective in the High approval is required, unless: Level Airspace (HLA) within the NAT. The (1) The operator is authorized by the Ad- HLA within the NAT is defined by the vol- ministrator to perform such operations; and ume of airspace between FL 285 and FL 420 (2) The aircraft has been approved and (inclusive) extending between latitude 27 de- complies with the requirements of Section 2 grees north and the North Pole, bounded in of this appendix. the east by the eastern boundaries of control areas Santa Maria Oceanic, Shanwick Oce- Section 5. Deviation Authority Approval anic, and Reykjavik Oceanic and in the west The Administrator may authorize an air- by the western boundaries of control areas craft operator to deviate from the require- Reykjavik Oceanic, Gander Oceanic, and ments of § 91.180 or § 91.706 for a specific flight New York Oceanic, excluding the areas west in RVSM airspace if that operator has not of 60 degrees west and south of 38 degrees 30 been approved in accordance with section 3 minutes north. of this appendix if: (b) RVSM in the Pacific. (1) RVSM may be (a) The operator submits a request in a applied in the Pacific in the following ICAO time and manner acceptable to the Adminis- Flight Information Regions (FIRs): Anchor- trator; and age Arctic, Anchorage Continental, Anchor- (b) At the time of filing the flight plan for age Oceanic, Auckland Oceanic, Brisbane, that flight, ATC determines that the aircraft Edmonton, Honiara, Los Angeles, Melbourne, may be provided appropriate separation and Nadi, Naha, Nauru, New Zealand, Oakland, that the flight will not interfere with, or im- Oakland Oceanic, Port Moresby, Seattle, Ta- pose a burden on, the operations of operators hiti, Tokyo, Ujung Pandang and Vancouver. who have been approved for RVSM oper- (c) RVSM in the West Atlantic Route System ations in accordance with Section 3 of this (WATRS). RVSM may be applied in the New appendix. York FIR portion of the West Atlantic Route System (WATRS). The area is defined as be- Section 6. Reporting Altitude-Keeping Errors ginning at a point 38°30′ N/60°00′W direct to Each operator shall report to the Adminis- 38°30′ N/69°15′ W direct to 38°20′ N/69°57′ W di- trator each event in which the operator’s rect to 37°31′ N/71°41′ W direct to 37°13′ N/72°40′ aircraft has exhibited the following altitude- W direct to 35°05′ N/72°40′ W direct to 34°54′ N/ keeping performance: 72°57′ W direct to 34°29′ N/73°34′ W direct to (a) Total vertical error of 300 feet or more; 34°33′ N/73°41′ W direct to 34°19′ N/74°02′ W di- (b) Altimetry system error of 245 feet or rect to 34°14′ N/73°57′ W direct to 32°12′ N/76°49′ more; or W direct to 32°20′ N/77°00′ W direct to 28°08′ N/ (c) Assigned altitude deviation of 300 feet 77°00′ W direct to 27°50′ N/76°32′ W direct to or more. 27°50′ N/74°50′ W direct to 25°00′ N/73°21′ W direct to 25°00′05′ N/69°13′06′ W direct to 25°00′ N/ Section 7. Removal or Amendment of Authority 69°07′ W direct to 23°30′ N/68°40′ W direct to The Administrator may amend operations 23°30′ N/60°00′ W to the point of beginning. specifications or management specifications (d) RVSM in the United States. RVSM may issued under subpart K of this part to revoke be applied in the airspace of the 48 contig- or restrict an RVSM authorization, or may uous states, District of Columbia, and Alas- revoke or restrict an RVSM letter of author- ka, including that airspace overlying the wa- ization, if the Administrator determines that ters within 12 nautical miles of the coast. the operator is not complying, or is unable (e) RVSM in the gulf of Mexico. RVSM may to comply, with this appendix or subpart H be applied in the Gulf of Mexico in the fol- of this part. Examples of reasons for amend- lowing areas: Gulf of Mexico High Offshore ment, revocation, ore restriction include, Airspace, Houston Oceanic ICAO FIR and but are not limited to, an operator’s: Miami Oceanic ICAO FIR. (a) Committing one or more altitude-keep- (f) RVSM in Atlantic High Offshore Airspace ing errors in RVSM airspace; and the San Juan FIR. RVSM may be applied

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in Atlantic High Offshore Airspace and in trator must find that the operator’s aircraft the San Juan ICAO FIR. have been approved in accordance with Sec- tion 2 of this appendix and the operator com- [Doc. No. 28870, 62 FR 17487, Apr. 9, 1997, as plies with this section. amended by Amdt. 91–261, 65 FR 5942, Feb. 7, (b) Except as specified in Section 9 of this 2000; Amdt. 91–271, 66 FR 63895, Dec. 10, 2001; appendix, an applicant seeking authorization Amdt. 91–274, 68 FR 54584, Sept. 17, 2003; Amdt. 91–276, 68 FR 70133, Dec. 17, 2003; Dock- to operate within RVSM airspace must apply et FAA–2015–1746, Amdt. 91–342, 81 FR 47017, in a form and manner prescribed by the Ad- July 20, 2016; Docket FAA–2016–9154, Amdt. ministrator. The application must include 91–348, 82 FR 39664, Aug. 22, 2017] the following: EFFECTIVE DATE NOTE: At 83 FR 65492, Dec. 21, 2018, effective Jan. 22, 2019, appendix G * * * * * was amended— (c) In a manner prescribed by the Adminis- a. In Section 1 by revising the definition of trator, an operator seeking authorization Reduced Vertical Separation Minimum under this section must provide evidence (RVSM) Airspace; that: b. In Section 2 by revising paragraph (a); c. In Section 3 by revising paragraphs (a), (b) introductory text, (c) introductory text, * * * * * and (c)(2); (2) Each pilot has knowledge of RVSM re- d. In Section 4 by revising paragraphs (b)(1) quirements, policies, and procedures suffi- and (2) and adding paragraph (b)(3); cient for the conduct of operations in RVSM e. In Section 5 by revising the introductory airspace. text and paragraph (b); f. In Section 7 by revising the introductory Section 4. RVSM Operations text; g. By revising Section 8; and * * * * * h. By adding Section 9. For the convenience of the user, the added (b) * * * and revised text is set forth as follows: (1) The operator is authorized by the Ad- ministrator to perform such operations in APPENDIX G TO PART 91—OPERATIONS IN accordance with Section 3 or Section 9 of REDUCED VERTICAL SEPARATION this appendix, as applicable. MINIMUM (RVSM) AIRSPACE (2) The aircraft— (i) Has been approved and complies with Section 1. Definitions Section 2 this appendix; or (ii) Complies with Section 9 of this appen- Reduced Vertical Separation Minimum dix. Within RVSM airspace, air (RVSM) Airspace. (3) Each pilot has knowledge of RVSM re- traffic control (ATC) separates aircraft by a quirements, policies, and procedures suffi- minimum of 1,000 feet vertically between FL cient for the conduct of operations in RVSM 290 and FL 410 inclusive. Air-traffic control airspace. notifies operators of RVSM airspace by providing route planning information. Section 5. Deviation Authority Approval The Administrator may authorize an air- * * * * * craft operator to deviate from the requirements of §§ 91.180 or 91.706 for a specific flight Section 2. Aircraft Approval in RVSM airspace if— (a) Except as specified in Section 9 of this appendix, an operator may be authorized to * * * * * conduct RVSM operations if the Adminis- trator finds that its aircraft comply with (b) At the time of filing the flight plan for this section. that flight, ATC determines that the aircraft may be provided appropriate separation and * * * * * that the flight will not interfere with, or impose a burden on, RVSM operations. Section 3. Operator Authorization (a) Except as specified in Section 9 of this * * * * * appendix, authority for an operator to con- Section 7. Removal or Amendment of duct flight in airspace where RVSM is ap- Authority plied is issued in operations specifications, a Letter of Authorization, or management The Administrator may prohibit or re- specifications issued under subpart K of this strict an operator from conducting oper- part, as appropriate. To issue an RVSM au- ations in RVSM airspace, if the Adminis- thorization under this section, the Adminis- trator determines that the operator is not

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complying, or is unable to comply, with this Subpart A—General appendix or subpart H of this part. Examples of reasons for amendment, revocation, or re- Sec. striction include, but are not limited to, an 93.1 Applicability. operator’s: Subparts B–C [Reserved] * * * * * Subpart D—Anchorage, Alaska, Terminal Section 8. Airspace Designation Area RVSM may be applied in all ICAO Flight 93.51 Applicability. Information Regions (FIRs). 93.53 Description of area. 93.55 Subdivision of Terminal Area. Section 9. Aircraft Equipped With Automatic 93.57 General rules: All segments. Dependent Surveillance—Broadcast Out 93.59 General rules: International segment. 93.61 General rules: Lake Hood segment. An operator is authorized to conduct flight 93.63 General rules: Merrill segment. in airspace in which RVSM is applied pro- 93.65 General rules: Elmendorf segment. vided: 93.67 General rules: Bryant segment. (a) The aircraft is equipped with the fol- 93.68 General rules: Seward Highway seg- lowing: ment. (1) Two operational independent altitude 93.69 Special requirements, Lake Campbell measurement systems. and Sixmile Lake Airports. (2) At least one automatic altitude control system that controls the aircraft altitude— Subpart E—Flight Restrictions in the Vicinity (i) Within a tolerance band of ±65 feet about an acquired altitude when the aircraft of Niagara Falls, New York is operated in straight and level flight under 93.71 General operating procedures. nonturbulent, nongust conditions; or (ii) Within a tolerance band of ±130 feet Subpart F—Valparaiso, Florida, Terminal under nonturbulent, nongust conditions for Area aircraft for which application for type certification occurred on or before April 9, 1997, 93.80 Applicability. that are equipped with an automatic altitude 93.81 Applicability and description of area. control system with flight management/per- 93.83 Aircraft operations. formance system inputs. (3) An altitude alert system that signals an Subpart G—Special Flight Rules in the alert when the altitude displayed to the Vicinity of Los Angeles International Airport flightcrew deviates from the selected altitude by more than— 93.91 Applicability. (i) ±300 feet for aircraft for which applica- 93.93 Description of area. tion for type certification was made on or 93.95 General operating procedures. before April 9, 1997; or 93.97 Operations in the SFRA. (ii) ±200 feet for aircraft for which application for type certification is made after Subpart H—Mandatory Use of the New April 9, 1997. York North Shore Helicopter Route (4) A TCAS II that meets TSO C–119b (Version 7.0), or a later version, if equipped 93.101 Applicability. with TCAS II, unless otherwise authorized 93.103 Helicopter operations. by the Administrator. (5) Unless authorized by ATC or the foreign Subpart I [Reserved] country where the aircraft is operated, an ADS–B Out system that meets the equip- Subpart J—Lorain County Regional Airport ment performance requirements of § 91.227 of Traffic Rule this part. The aircraft must have its height- keeping performance monitored in a form 93.117 Applicability. and manner acceptable to the Administrator. 93.119 Aircraft operations. (b) The altimetry system error (ASE) of the aircraft does not exceed 200 feet when op- Subpart K—High Density Traffic Airports erating in RVSM airspace. 93.121 Applicability. 93.123 High density traffic airports. PART 93—SPECIAL AIR TRAFFIC 93.125 Arrival or departure reservation. 93.129 Additional operations. RULES 93.130 Suspension of allocations. 93.133 Exceptions. SPECIAL FEDERAL AVIATION REGULATION NO. 60 [NOTE] Subpart L [Reserved] 863

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