PART 91--GENERAL OPERATING AND FLIGHT RULES

                      Special Federal Aviation Regulations


  SFAR No. 21 [Removed]
  SFAR No. 29-4
  SFAR No. 41
  SFAR No. 44-5 [Removed]
  SFAR No. 44-6 [Removed]
  SFAR No. 45-1 [Note]
  SFAR No. 47 [Removed]
  SFAR No. 50-2
  SFAR No. 51-1
  SFAR No. 54
  SFAR No. 55-1
  SFAR No. 56
  SFAR No. 57 [Removed]
  SFAR No. 60
  SFAR No. 61 [Removed]
  SFAR No. 61-2
  SFAR No. 62
  SFAR No. 64
  SFAR No. 65
  SFAR No. 66
  SFAR No. 67
  SFAR No. 68 [Removed]
  SFAR No. 69 [Removed]
  SFAR No. 71
  SFAR No. 74

                               Subpart A--General

  Sec.
  91.1  Applicability.
  91.3  Responsibility and authority of the pilot in command.
  91.5  Pilot in command of aircraft requiring more than one required pilot.
  91.7  Civil aircraft airworthiness.
  91.9  Civil aircraft flight manual, marking, and placard requirements.
  91.11  Prohibition against interference with crewmembers.
  91.13  Careless or reckless operation.
  91.15  Dropping objects.
  91.17  Alcohol or drugs.
  91.19  Carriage of narcotic drugs, marihuana, and depressant or stimulant
     drugs or substances.
  91.21  Portable electronic devices.
  91.23  Truth-in-leasing clause requirement in leases and conditional sales
     contracts.
  91.25  Aviation Safety Reporting Program: Prohibition against use of reports
     for enforcement purposes.
  91.27--91.99  [Reserved]

                             Subpart B--Flight Rules

                                    General

  91.101  Applicability.
  91.103  Preflight action.
  91.105  Flight crewmembers at stations.
  91.107  Use of safety belts, shoulder harnesses, and child restraint systems.
  91.109  Flight instruction; Simulated instrument flight and certain flight
     tests.
  91.111  Operating near other aircraft.
  91.113  Right-of-way rules: Except water operations.
  91.115  Right-of-way rules: Water operations.
  91.117  Aircraft speed.
  91.119  Minimum safe altitudes: General.
  91.121  Altimeter settings.
  91.123  Compliance with ATC clearances and instructions.
  91.125  ATC light signals.
  91.126  Operating on or in the vicinity of an airport in Class G airspace.
  91.127  Operating on or in the vicinity of an airport in Class E airspace.
  91.129  Operations in Class D airspace.
  91.130  Operations in Class C airspace.
  91.131  Operations in Class B airspace.
  91.133  Restricted and prohibited areas.
  91.135  Operations in Class A airspace.
  91.137  Temporary flight restrictions.
  91.138  Temporary flight restrictions in national disaster areas in the
     State of Hawaii.
  91.139  Emergency air traffic rules.
  91.141  Flight restrictions in the proximity of the Presidential and other
     parties.
  91.143  Flight limitation in the proximity of space flight operations.
  91.144  Temporary restriction on flight operations during abnormally high
     barometric pressure conditions.
  91.145--91.149  [Reserved]

                               Visual Flight Rules

  91.151  Fuel requirements for flight in VFR conditions.
  91.153  VFR flight plan: Information required.
  91.155  Basic VFR weather minimums.
  91.157  Special VFR weather minimums.
  91.159  VFR cruising altitude or flight level.
  91.161--91.165  [Reserved]

                             Instrument Flight Rules

  91.167  Fuel requirements for flight in IFR conditions.
  91.169  IFR flight plan: Information required.
  91.171  VOR equipment check for IFR operations.
  91.173  ATC clearance and flight plan required.
  91.175  Takeoff and landing under IFR.
  91.177  Minimum altitudes for IFR operations.
  91.179  IFR cruising altitude or flight level.
  91.181  Course to be flown.
  91.183  IFR radio communications.
  91.185  IFR operations: Two-way radio communications failure.
  91.187  Operation under IFR in controlled airspace: Malfunction reports.
  91.189  Category II and III operations: General operating rules.
  91.191  Category II manual.
  91.193  Certificate of authorization for certain Category II operations.
  91.195--91.199  [Reserved]

         Subpart C--Equipment, Instrument, and Certificate Requirements

  91.201  [Reserved]
  91.203  Civil aircraft: Certifications required.
  91.205  Powered civil aircraft with standard category U.S. airworthiness
     certificates: Instrument and equipment requirements.
  91.207  Emergency locator transmitters.
  91.209  Aircraft lights.
  91.211  Supplemental oxygen.
  91.213  Inoperative instruments and equipment.
  91.215  ATC transponder and altitude reporting equipment and use.
  91.217  Data correspondence between automatically reported pressure altitude
     data and the pilot's altitude reference.
  91.219  Altitude alerting system or device: Turbojet-powered civil airplanes.
  91.221  Traffic alert and collision avoidance system equipment and use.
  91.223--91.299  [Reserved]

                      Subpart D--Special Flight Operations

  91.301  [Reserved]
  91.303  Aerobatic flight.
  91.305  Flight test areas.
  91.307  Parachutes and parachuting.
  91.309  Towing: Gliders.
  91.311  Towing: Other than under Sec. 91.309.
  91.313  Restricted category civil aircraft: Operating limitations.
  91.315  Limited category civil aircraft: Operating limitations.
  91.317  Provisionally certificated civil aircraft: Operating limitations.
  91.319  Aircraft having experimental certificates: Operating limitations.
  91.321  Carriage of candidates in Federal elections.
  91.323  Increased maximum certificated weights for certain airplanes operated
     in Alaska.
  91.325  Primary Category Aircraft: Operating limitations.
  91.326--91.399  [Reserved]

         Subpart E--Maintenance, Preventive Maintenance, and Alterations

  91.401  Applicability.
  91.403  General.
  91.405  Maintenance required.
  91.407  Operation after maintenance, preventive maintenance, rebuilding, or
     alteration.
  91.409  Inspections.
  91.411  Altimeter system and altitude reporting equipment tests and
     inspections.
  91.413  ATC transponder tests and inspections.
  91.415  Changes to aircraft inspection programs.
  91.417  Maintenance records.
  91.419  Transfer of maintenance records.
  91.421  Rebuilt engine maintenance records.
  91.423--91.499  [Reserved]

           Subpart F--Large and Turbine-Powered Multiengine Airplanes

  91.501  Applicability.
  91.503  Flying equipment and operating information.
  91.505  Familiarity with operating limitations and emergency equipment.
  91.507  Equipment requirements: Over-the-top or night VFR operations.
  91.509  Survival equipment for overwater operations.
  91.511  Radio equipment for overwater operations.
  91.513  Emergency equipment.
  91.515  Flight altitude rules.
  91.517  Passenger information.
  91.519  Passenger briefing.
  91.521  Shoulder harness.
  91.523  Carry-on baggage.
  91.525  Carriage of cargo.
  91.527  Operating in icing conditions.
  91.529  Flight engineer requirements.
  91.531  Second in command requirements.
  91.533  Flight attendant requirements.
  91.535  Stowage of food, beverage, and passenger service equipment during
     aircraft movement on the surface, takeoff, and landing.
  91.536--91.599  [Reserved]

    Subpart G--Additional Equipment and Operating Requirements for Large and
                           Transport Category Aircraft

  91.601  Applicability.
  91.603  Aural speed warning device.
  91.605  Transport category civil airplane weight limitations.
  91.607  Emergency exits for airplanes carrying passengers for hire.
  91.609  Flight recorders and cockpit voice recorders.
  91.611  Authorization for ferry flight with one engine inoperative.
  91.613  Materials for compartment interiors.
  91.615--91.699  [Reserved]

    Subpart H--Foreign Aircraft Operations and Operations of U.S.-Registered
                   Civil Aircraft Outside of the United States

  91.701  Applicability.
  91.703  Operations of civil aircraft of U.S. registry outside of the United
     States.
  91.705  Operations within the North Atlantic Minimum Navigation Performance
     Specifications Airspace.
  91.707  Flights between Mexico or Canada and the United States.
  91.709  Operations to Cuba.
  91.711  Special rules for foreign civil aircraft.
  91.713  Operation of civil aircraft of Cuban registry.
  91.715  Special flight authorizations for foreign civil aircraft.
  91.717--91.799  [Reserved]

                        Subpart I--Operating Noise Limits

  91.801  Applicability: Relation to part 36.
  91.803  Part 125 operators: Designation of applicable regulations.
  91.805  Final compliance: Subsonic airplanes.
  91.807  Phased compliance under parts 121, 125, and 135: Subsonic airplanes.
  91.809  Replacement airplanes.
  91.811  Service to small communities exemption: Two-engine, subsonic
     airplanes.
  91.813  Compliance plans and status: U.S. operations of subsonic airplanes.
  91.815  Agricultural and fire fighting airplanes: Noise operating
     limitations.
  91.817  Civil aircraft sonic boom.
  91.819  Civil supersonic airplanes that do not comply with part 36.
  91.821  Civil supersonic airplanes: Noise limits.
  91.823--91.849  [Reserved]
  91.851  Definitions.
  91.853  Final compliance: Civil subsonic airplanes.
  91.855  Entry and nonaddition rule.
  91.857  Airplanes imported to points outside the contiguous United States.
  91.859  Modification to meet Stage 3 noise levels.
  91.861  Base level.
  91.863  Transfers of Stage 2 airplanes with base level.
  91.865  Phased compliance for operators with base level.
  91.867  Phase compliance for new entrants.
  91.869  Carry-forward compliance.
  91.871  Waivers from interim copliance requirements.
  91.873  Waivers from final compliance.
  91.875  Annual progress reports.
  91.877--91.91.899  [Reserved].

                               Subpart J--Waivers

  91.901  [Reserved]
  91.903  Policy and procedures.
  91.905  List of rules subject to waivers.
  91.907--91.999  [Reserved]

  Appendix A to Part 91--Category II Operations: Manual, Instruments,
    Equipment, and Maintenance
  Appendix B to Part 91--Authorizations to Exceed Mach 1 (Sec. 91.817)
  Appendix C to Part 91--Operations in the North Atlantic (NAT) Minimum
    Navigation Performance Specifications (MNPS) Airspace
  Appendix D--Airports/Locations: Special Operating Restrictions
  Appendix E to Part 91--Airplane Flight Recorder Specifications
  Appendix F to Part 91--Helicopter Flight Recorder Specifications

    Authority: 49 U.S.C. 106(g), 1155, 40103, 40113, 40120, 44101, 44111,
  44701, 44709, 44711, 44712, 44715, 44716, 44717, 44722, 46306, 46315, 46316,
  46504, 46506-46507, 47122, 47508, 47528-47531, articles 12 and 29 of the
  Convention on International Civil Aviation (61 stat. 1180).




                      Special Federal Aviation Regulations



               SFAR No. 21--Southern Rhodesia; Aviation Sanctions
                      [Removed. 57 FR 60728, Dec. 22, 1992]


  SFAR No. 27-5  [Removed.  55 FR 32861, Aug. 10, 1990]

    EDITORIAL NOTE: For the convenience of the user, the removed text is set
  out below.

  SFAR No. 27-5--Fuel Venting and Exhaust Emission Requirements for Turbine
      Engine Powered Airplanes

    Section 1  General Requirements. (a) This SFAR provides for the approval or
  acceptance by the Administrator of the FAA or the Administrator of the EPA of
  testing and sampling methods, analytical techniques, and related equipment
  not identical to those specified in this part. Before either approves or
  accepts any such alternate, equivalent, or otherwise nonidentical procedures
  or equipment, the Administrator of the FAA or the Administrator of the EPA
  shall consult with the other in determining whether or not the action
  requires rulemaking under sections 231 and 232 of the Clean Air Act, as
  amended, consistent with the responsibilities of the Administrator of the EPA
  and the Secretary of Transportation under sections 231 and 232 of the Act (42
  U.S.C. 7571, 7572).
    (b) U.S. airplanes. This SFAR applies to civil airplanes that are powered
  by aircraft gas turbine engines of the classes specified herein and that have
  U.S. Standard Airworthiness Certificates.
    (c) Foreign airplanes. Pursuant to the definition of "aircraft" in 40 CFR
  87.1(a), this SFAR applies to civil airplanes that are powered by aircraft
  gas turbine engines of the classes specified herein and that have foreign
  airworthiness certificates that are equivalent to U.S. Standard Airworthiness
  Certificates. This includes only those foreign civil airplanes that, if
  registered in the United States, would be required by applicable Federal
  Aviation Regulations to have a U.S. standard airworthiness certificate in
  order to conduct the operations intended for the airplane.
    Pursuant to 40 CFR 87.3, this SFAR does not apply where inconsistent with
  an obligation assumed by the United States to a foreign country in a treaty,
  convention, or agreement.
    Sec. 3  Relation to 40 CFR Part 87. (a) Reference in this regulation to 40
  CFR Part 87 refers to Title 40 of the Code of Federal Regulations, Chapter
  I--Environmental Protection Agency, Part 87, Control of Air Pollution from
  Aircraft and Aircraft Engines (40 CFR Part 87), originally issued on July 6,
  1973, and published in the Federal Register (38 FR 19088) on July 17, 1973,
  as revised effective January 31, 1983 (47 FR 58462), as amended effective
  January 20, 1983 (48 FR 2716).
    (b) This SFAR contains regulations to ensure compliance with certain
  standards in Environmental Protection Agency (EPA), 40 CFR Part 87. If EPA
  takes any action, including the issuance of an exemption or issuance of a
  revised or alternate procedure, test method, or other regulation, the effect
  of which is to relax, or delay the effective date of any provision of 40 CFR
  Part 87 that is made applicable to an aircraft under this SFAR, the new
  relaxed EPA requirement, upon its effective date, is incorporated into this
  SFAR and supersedes the provisions of this SFAR that are based on the
  provisions of 40 CFR Part 87 that were relaxed by such action.
    (c) Unless otherwise stated, all terminology and abbreviations in this SFAR
  that are defined in 40 CFR Part 87 have the meaning specified in that part,
  and all terms in 40 CFR Part 87 that are not defined in that Part but that
  are used in this SFAR have the meaning given them in the Clean Air Act, as
  amended by 42 USC 7401.
    (d) All interpretations of 40 CFR Part 87 that are rendered by EPA also
  apply to this SFAR.
    (e) Consistent with subsection (c) of this section, the following
  definitions apply:
    (1) "Administrator of the FAA" means the Administrator of the Federal
  Aviation Administration or any other officer or employee of the Federal
  Aviation Administration to whom the authority involved may be delegated.
    (2) "Administrator of the EPA" means the Administrator of the Environmental
  Protection Agency and any other officer or employee of the Environmental
  Protection Agency to whom the authority involved may be delegated.
    Sec. 5  Additional EPA approvals and procedures. (a) If EPA, under 40 CFR
  87.3(a) approves or accepts any testing and sampling procedures or methods,
  analytical techniques, and related equipment not identical to those specified
  in EPA Part 87, this SFAR requires a showing that such alternate, equivalent,
  or otherwise nonidentical procedures have been complied with, and that such
  alternate equipment was used to show compliance, unless the applicant elects
  to comply fully with 40 CFR Part 87.
    (b) If the Administrator of the EPA after consultation with the
  Administrator of the FAA, prescribes special test procedures for any aircraft
  or aircraft engine that is not susceptible to satisfactory testing by the
  procedures in 40 CFR Part 87, this SFAR requires a showing that those special
  test procedures have been complied with.
    (c) Wherever 40 CFR Part 87 requires agreement, acceptance, or approval by
  the Administrator of EPA, this SFAR requires a showing that such agreement or
  approval has been obtained.
    Sec. 7  Relation to State and local regulations. (a) Pursuant to 42 U.S.C.
  7573, no state or political subdivision thereof may adopt or attempt to
  enforce any standard respecting emissions of any air pollutant from any
  aircraft or engine thereof unless that standard is identical to a standard
  made applicable to the aircraft by the terms of this SFAR.
    (b) If EPA, by regulation or exemption, relaxes a provision of 40 CFR Part
  87, no state or political subdivision thereof may adopt or attempt to enforce
  the terms of this SFAR that are superseded by the relaxed requirement.
    (c) Consistent with Sec. 87.6 of 40 CFR Part 87, if the Administrator of
  the FAA determines that any emission control regulation cannot be safely
  applied to an aircraft, that provision may not be adopted or enforced against
  that aircraft by a state or political subdivision thereof, even if it is in
  this SFAR.
    (d) If any provision of this SFAR is rendered inapplicable to a foreign
  aircraft as provided in 40 CFR 87.3(c) and section 1(b) of this SFAR, that
  provision may not be adopted or enforced against that foreign aircraft by a
  state or political subdivision thereof.
    Sec. 9  Petitions for rulemaking and exemption. (a) Notwithstanding Part 11
  of the Federal Aviation Regulations (14 CFR Part 11), all petitions for
  rulemaking involving either the substance of an emission standard prescribed
  by EPA that is incorporated in this SFAR, or the compliance date for such
  standard or procedure, must be submitted to EPA. Information copies of such
  petitions are invited by the FAA.
    (b) Petitions for rulemaking or exemption involving provisions of this SFAR
  that do not effect the substance or the compliance date of an emission
  standard or test procedure that is prescribed by EPA, and petitions for
  exemptions from the regulations in this SFAR issued under the authority
  section 232 of the Clean Air Act by which the Administrator, by virtue of the
  delegation from the Secretary of Transportation in 49 CFR 1.47(g), and after
  consultation with the Administrator of the EPA, prescribes regulations to
  insure compliance with the EPA's regulations prescribed in 40 CFR 87.7(a)(4),
  (b), (c) and (d) (issued under the authority of section 231 of the Clean Air
  Act) are subject to Part 11 of the Federal Aviation Regulations (14 CFR Part
  11).
    (c) Any engine for which a petition for exemption has been granted pursuant
  to subsection (b) of this section must be reported to the FAA by serial
  number and type certificate number on or before the last day of the month
  following the date of manufacture as defined in section 12 of this SFAR.
    (d) Notwithstanding any other requirement of 14 CFR 45.13, an aircraft
  engine specifically exempted from the applicable requirements of this SFAR
  pursuant to subsection (b) of this section must have the designator EXEMPT,
  or an equivalent designator approved by the Administrator of the FAA,
  inscribed as part of the identification data of the engine.
    (e) Exemptions granted pursuant to subsection (b) of this section are not
  transferable to any other engine.
    (f) Requests for flights conducted under the authority of the exemption
  provisions of 40 CFR 87.7(a)(2) must comply with the procedural requirements
  set forth in 14 CFR 21.199.
    Sec. 10  Incorporation by reference. (a) General. This SFAR prescribes
  certain standards and procedures which are not set forth in full text in the
  rule. On November 22, 1983, those standards and procedures were approved by
  the Office of the Federal Register for incorporation by reference pursuant to
  5 U.S.C. 552(a) and 1 CFR Part 51.
    (b) Changes to incorporated matter. Incorporated matter which is subject to
  subsequent change is incorporated by reference according to the specific
  reference and to the identification statement. Adoption of any subsequent
  change in incorporated matter that impacts compliance with standards and
  procedures is made under 14 CFR Part 11 and 1 CFR Part 51.
    (c) Identification statement. The complete title or description which
  identifies each published matter incorporated by reference in this SFAR is as
  follows:
    (1) ICAO Annex 16--Environmental Protection, Volume II--Aircraft Engine
  Emissions Appendices 2 through 6 dated 18 February 1982. This document can be
  obtained from the International Civil Aviation Organization, P.O. Box 400,
  Succursale: Place de L'Aviation Internationale, 1000 Sherbrooke Street West,
  Montreal, Quebec, Canada H3A 2R2 at $3.00 per copy.
    (d) Availability for inspection. A copy of each publication incorporated by
  reference in this SFAR is available for public inspection at the following
  locations:
    (1) FAA Office of the Chief Counsel, Rules Docket, Room 916, Federal
  Aviation Administration Headquarters Building, 800 Independence Avenue, S.W.,
  Washington, D.C.
    (2) Department of Transportation, Branch Library, Room 930, Federal
  Aviation Administration Headquarters Building, 800 Independence Avenue, S.W.,
  Washington, D.C.
    (3) The respective offices of the Federal Aviation Administration as
  follows:
    (i) New England Regional Office, 12 New England Executive Park, Burlington,
  Massachusetts 01803.
    (ii) New York Aircraft Certification Office, 181 South Franklin Avenue,
  Room 202, Valley Stream, New York 11581.
    (iii) Atlanta Aircraft Certification Office, 1669 Phoenix Parkway, Suite
  210, Atlanta, Georgia 30349.
    (iv) Chicago Aircraft Certification Office, 2300 East Devon, Des Plaines,
  Illinois 60018.
    (v) Central Regional Office, 601 East Twelfth Street, Kansas City, Missouri
  64106.
    (vi) Southwest Regional Office, 4400 Blue Mound Road, Fort Worth, Texas
  76101.
    (vii) Denver Aircraft Certification Field Office, 10455 East 25th Avenue,
  Aurora, Colorado 80010.
    (viii) Northwest Regional Office, 17900 Pacific Highway South, Seattle,
  Washington 98168.
    (ix) Anchorage Aircraft Certification Field Office, 222 W. 7th Avenue
  (R)14, Anchorage, Alaska 99513.
    (x) Los Angeles Aircraft Certification Office, 3229 East Spring Street,
  Long Beach, California 90806.
    (xi) Brussels Aircraft Certification Staff, 15 Rue de la Loi, Room B-1040,
  Brussels, Belgium.
    (xii) FAA Representative, Office of U.S. Consulate General, Avenida
  Presidente Wilson, 147 Rio de Janeiro, Brazil.
    (4) The Office of the Federal Register, Room 8401, 1100 "L" Street, NW.,
  Washington, D.C.
    Sec. 11  Compliance with airworthiness regulations. It must be shown that
  the airplane meets the airworthiness regulations constituting the type
  certification basis of the airplane under all conditions in which compliance
  with this SFAR is shown.
    Sec. 12  Date of manufacture. As used in this SFAR, unless 40 CFR Part 87
  or the Clean Air Act, as amended, requires otherwise, the date on which an
  aircraft engine is "manufactured" is the date on which that individual engine
  is originally approved by the FAA, or by a foreign country of manufacture,
  for installation on an aircraft. Notwithstanding any other requirements of 14
  CFR 45.13, beginning January 1, 1984, the date of manufacture (month and
  year) must be included as part of the identification data of engines
  manufactured on or after that date.
    Sec. 13  Engine classes and test configuration. (a) Consistent with section
  3(c) of this SFAR, the following definitions in 40 CFR 87.1 apply:
    (1) "Aircraft engine" means a propulsion engine which is installed in or
  which is manufactured for installation in an aircraft.
    (2) "Class TP" means all aircraft turboprop engines.
    (3) "Class TF" mean all turbofan or turbojet aircraft engines except
  engines of Class T3, T8, and TSS.
    (4) "Class T3" means all aircraft gas turbine engines of the JT3D model
  family.
    (5) "Class T8 means all aircraft gas turbine engines of the JT8D model
  family.
    (6) "Class TSS" means all aircraft gas turbine engines employed for
  propulsion of aircraft designed to operate at supersonic flight speeds.
    (7) "Commercial aircraft engine" means any aircraft engine used or intended
  for use by an "air carrier" (including those engaged in "intrastate air
  transportation") or a "commercial operator" (including those engaged in
  "intrastate air transportation") as these terms are defined in the Federal
  Aviation Act and the Federal Aviation Regulations.
    (8) "Commercial aircraft gas turbine engine" means a turboprop, turbofan,
  or turbojet commercial aircraft engine.
    (b) As prescribed in 40 CFR Part 87, the complete engine as configured for
  final acceptance testing, including all accessories that might reasonably be
  expected to influence emissions to the atmosphere excluding auxiliary
  gearbox-mounted components required to drive aircraft systems and service air
  bleed, must be functional for all testing under this SFAR.
    Sec. 14  Compliance. (a) Compliance with the fuel venting emissions
  requirements of this SFAR that apply beginning on February 1, 1974, and
  beginning January 1, 1975, may be shown by any means of compliance, applied
  to the airframe of the engine, that prevents the intentional discharge of
  fuel from fuel nozzle manifolds after the engines are shut down. Acceptable
  means of compliance include the following:
    (1) Incorporation of an FAA approved system that recirculates the fuel back
  into the fuel system.
    (2) Capping or securing the pressurization and drain valve.
    (3) Manually draining the fuel from a holding tank into a container.
    (b) Continued compliance with the exhaust emissions requirements of this
  SFAR that became effective on February 1, 1974, January 1, 1975, January 1,
  1978, and January 1, 1984, for engines for which the type design has been
  shown to meet those requirements, is demonstrated if the engine is maintained
  in accordance with applicable maintenance requirements for 14 CFR Chapter I.
  All methods of demonstrating compliance and all model designations previously
  having been found acceptable to the Administrator of the FAA shall be deemed
  to continue to be an acceptable demonstration of compliance with the specific
  standards for which they were approved.
    (c) Each applicant must allow the Administrator of the FAA to make, or
  witness, any test necessary to determine compliance with the applicable
  provisions of this SFAR.
    (d) An acceptable alternative to testing every engine is described in
  Appendix 6 to Volume II--Aircraft Engine Emissions, of ICAO Annex 16--
  Environmental Protection, 18 February 1982, incorporated herein by reference
  as indicated in Section 10. Other methods of demonstrating compliance may be
  approved by the Administrator of the FAA with the concurrence of the
  Administrator of the EPA.
    Sec. 15  Type certificates. (a) Notwithstanding Part 21 of the Federal
  Aviation Regulations, and irrespective of the date of application, no type
  certificate is issued, on and after the dates specified in subparagraphs
  (a)(1) through (a)(5) of this section, for the airplanes specified therein,
  unless:
    (1) For airplanes powered by engines of Class TF, Class TP, Class T3, Class
  T8, or Class TSS, the airframe or engine complies with the fuel venting
  emissions requirements and related test procedures of 40 CFR Part 87 that
  became effective on February 1, 1974, and January 1, 1975;
    (2) For airplanes powered by engines of Class T8, each engine complies with
  the exhaust emissions requirements and related test procedures of 40 CFR Part
  87 that became effective on February 1, 1974;
    (3) For airplanes powered by engines of Class TF that have a rated power of
  29,000 pounds thrust or greater, each engine complies with the exhaust
  emissions requirements and related test procedures of 40 CFR Part 87 that
  became effective on January 1, 1976;
    (4) For airplanes powered by engines of Class T3, each engine manufactured
  on or after January 1, 1978, complies with the exhaust emissions requirements
  and related test procedures of 40 CFR Part 87 that became effective on
  January 1, 1978; and
    (5) For airplanes powered by engines of Class TP, Class TF, Class T3, Class
  T8, and Class TSS--each engine manufactured on or after January 1, 1984,
  complies with the exhaust emissions requirements and related test procedures
  of 40 CFR Part 87 that apply beginning January 1, 1984.
    (b) Notwithstanding Part 21 of the Federal Aviation Regulations, and
  irrespective of the date of application, no type certificate is issued, on
  and after the dates specified in paragraphs (a)(2), (a)(3) and (a)(4) of this
  section, for an engine specified therein unless the engine complies with that
  subparagraph.
    (c) Notwithstanding Part 21 of the Federal Aviation Regulations and
  irrespective of the date of application, no type certificate is issued on or
  after January 1, 1984, for any Class TP, Class TF, Class T3, Class T8, or
  Class TSS engine unless the engine complies with the exhaust emissions
  requirements and related test procedures of 40 CFR Part 87 that apply
  beginning January 1, 1984.
    Sec. 17  Supplemental or amended type certificates. (a) Notwithstanding
  Part 21 of the Federal Aviation Regulations, and irrespective of the date of
  application, no supplemental or amended type certificate is issued on and
  after the dates specified in paragraphs (a)(1) through (a)(5) of this
  section, for the airplanes specified therein, unless:
    (1) For airplanes powered by engines of Class TF, Class TP, Class T3, Class
  T8, or Class TSS, the airframe or engine complies with the fuel venting
  emissions requirements and related test procedures of 40 CFR Part 87 that
  became effective on February 1, 1974, and January 1, 1975;
    (2) For airplanes powered by engines of Class T8, each engine complies with
  the exhaust emissions requirements and related test procedures of 40 CFR Part
  87 that became effective on February 1, 1974;
    (3) For airplanes powered by engines of Class TF that have a rated power of
  29,000 pounds thrust or greater, each engine complies with the exhaust
  emissions requirements and related test procedures of 40 CFR Part 87 that
  became effective on January 1, 1976;
    (4) For airplanes powered by engines of Class T3, each engine manufactured
  on or after January 1, 1978, complies with the exhaust emissions requirements
  and related test procedures of 40 CFR Part 87 that became effective on
  January 1, 1978; and
    (5) For airplanes powered by engines of Class TP, Class TF, Class T3, Class
  T8, and Class TSS--each engine manufactured on or after January 1, 1984,
  complies with the exhaust emissions requirements and related test procedures
  of 40 CFR Part 87 that apply beginning January 1, 1984.
    (b) Notwithstanding Part 21 of the Federal Aviation Regulations, and
  irrespective of the date of application, no supplemental or amended type
  certificate is issued, on or after the dates specified in paragraphs (a)(2),
  (a)(3), and (a)(4) of this section, for an engine specified therein, unless
  the engine complies with that paragraph.
    (c) Notwithstanding Part 21 of the Federal Aviation Regulations and
  irrespective of the date of application, no supplemental or amended type
  certificate is issued on or after January 1, 1984, for any Class TP, Class
  TF, Class T3, Class T8, or Class TSS engine unless the engine complies with
  the exhaust emissions requirements and related test procedures of 40 CFR Part
  87 that apply beginning January 1, 1984.
    Sec. 19  Engine approvals. (a) On and after the dates specified in this
  paragraph, and notwithstanding Part 21 of the Federal Aviation Regulations,
  no original FAA approval for installation of an engine on aircraft covered by
  this SFAR (including FAA acceptance of an equivalent original approval issued
  on or before January 1, 1978, by a foreign country of manufacture) is made by
  the FAA:
    (1) For an engine of Class T8, unless the engine complies with the exhaust
  emissions requirements and related test procedures of 40 CFR Part 87 that
  became effective on February 1, 1974;
    (2) For an engine of Class TF that has a rated power of 29,000 pounds
  thrust or greater, unless the engine complies with the exhaust emissions
  requirements and related test procedures of 40 CFR Part 87 that became
  effective on January 1, 1976;
    (3) For an engine of Class T3, unless each engine manufactured on or after
  January 1, 1978, complies with the exhaust emissions requirements and related
  test procedures of 40 CFR Part 87 that became effective on January 1, 1978;
  and
    (4) For engines of Class TP, Class TF, Class T3, Class T8, or Class TSS,
  unless each engine manufactured on or after January 1, 1984, complies with
  the exhaust emissions requirements and related test procedures of 40 CFR Part
  87 that apply beginning January 1, 1984.
    Sec. 20  Identification Data and Recording Requirements. (a) On or after
  January 1, 1984, notwithstanding 14 CFR Part 45, no original FAA approval for
  installation of an engine on an airplane (including FAA acceptance of an
  equivalent original approval issued on or after January 1, 1984, by a foreign
  country of manufacture) is made by the FAA, for an engine covered by this
  SFAR unless that engine has secured to it an identification plate displaying
  the date of manufacture and a designation, approved by the Administrator of
  the FAA, that indicates compliance with applicable provisions of 40 CFR Part
  87. Approved indicators include COMPLY, EXEMPT, and NON-US as appropriate.
    (b) On or after January 1, 1984, notwithstanding 14 CFR Part 45, no person
  may secure an identification plate to any airplane engine covered by this
  SFAR unless that engine complies with the applicable provisions of this SFAR.
    (c) On or after January 1, 1984, notwithstanding any other requirement of
  14 CFR Part 43, for any engine granted an exemption pursuant to any
  applicable provision of 40 CFR 87.7(a)(1), (a)(4), (b), (c), or (d), an
  indication of the type of exemption and the reason for the grant must be
  noted in the permanent powerplant record, that accompanies the engine, at the
  time of manufacture of the engine.
    (d) On or after January 1, 1984, notwithstanding any other requirement of
  14 CFR Part 43, for any engine with a rated thrust in excess of 26.7
  kilonewtons which does not comply with the hydrocarbon emissions standard of
  40 CFR Part 87, the statement "May not be used as a commercial aircraft
  engine" must be noted in the permanent powerplant record, that accompanies
  the engine, at the time of manufacture of the engine.
    (e) On or after January 1, 1984, notwithstanding any other requirement of
  14 CFR Part 43, for any aircraft assembled with an engine that has been
  granted an exemption pursuant to 40 CFR 87.7(a)(1), the notation "the
  aircraft may not be operated within the United States", or an equivalent
  notation approved by the Administrator of the FAA, must be inserted in the
  aircraft logbook, or alternate equivalent document, at the time of
  installation of the engine.
    Sec. 21  Standard airworthiness certificates. Notwithstanding Part 21 of
  the Federal Aviation Regulations, and irrespective of the date of
  application, no standard airworthiness certificate is issued, on and after
  the dates specified in paragraphs (a) through (e) of this section, for the
  airplanes specified therein, unless:
    (a) For airplanes powered by engines of Class TP, Class TF, Class T3, Class
  T8, or Class TSS the airframe or engine complies with the fuel venting
  emissions requirement and related test procedures of 40 CFR Part 87 that
  became effective on February 1, 1974, and January 1, 1975;
    (b) For airplanes powered by engines of Class T8, each engine complies with
  the exhaust emissions requirements and related test procedures of 40 CFR Part
  87 that became effective on February 1, 1974;
    (c) For airplanes powered by engines of Class TF that have a rated power of
  29,000 pounds thrust or greater, each engine complies with the exhaust
  emissions requirements and related test procedures of 40 CFR Part 87 that
  became effective on January 1, 1976;
    (d) For airplanes powered by engines of Class T3, each engine manufactured
  on or after January 1, 1978, complies with the exhaust emissions requirements
  and related test procedures of 40 CFR Part 87 that became effective on
  January 1, 1978; and
    (e) For airplanes powered by engines of Class TP, Class TF, Class T3, Class
  T8, and Class TSS--each engine manufactured on or after January 1, 1984,
  complies with the exhaust emissions requirements and related test procedures
  of 40 CFR Part 87 that apply beginning January 1, 1984.
    Sec. 25  Operation. On and after the dates specified in paragraphs (a)
  through (e) of this section, no person may, within the United States, operate
  an airplane specified in those paragraphs unless:
    (a) For airplanes powered by engines of Class TP, Class TF, Class T3, Class
  T8, or Class TSS, the airframe or the engine complies with the fuel venting
  emissions requirements and related test procedures of 40 CFR Part 87 that
  became effective on February 1, 1974, and January 1, 1975;
    (b) For airplanes powered by engines of Class T8, each engine complies with
  the exhaust emissions requirements and related test procedures of 40 CFR Part
  87 that became effective on February 1, 1974;
    (c) For airplanes powered by engines of Class TF that have a rated power of
  29,000 pounds thrust or greater, each engine complies with the exhaust
  emissions requirements and related test procedures of 40 CFR Part 87 that
  became effective on January 1, 1976;
    (d) For airplanes powered by engines of Class T3, each engine
  manufacturered on or after January 1, 1978, complies with the exhaust
  emissions requirements and related test procedures of 40 CFR Part 87 that
  became effective on January 1, 1978; and
    (e) For airplanes powered by engines of Class TP, Class TF, Class T3, Class
  T8, and Class TSS--each engine manufactured on or after January 1, 1984,
  complies with the exhaust emissions and related test procedures of 40 CFR
  Part 87 that apply beginning January 1, 1984.

  (Sec. 232, Clean Air Act, as amended Dec. 31, 1970, Pub. L. 91-604 (42
  U.S..C. 1857f-10) as delegated (36 FR 3733); 40 CFR Part 87; secs. 307(c),
  313(a), 601 and 603, Federal Aviation Act of 1958 (49 U.S.C. 1348(c),
  1345(a), 1421, and 1423); 49 U.S.C. 106(g) (Revised, Pub. L. 97-449, January
  12, 1983))

  [Doc. No. 23767, 48 FR 56739, Dec. 23, 1983, as amended by SFAR 27-6, 54 FR
  39292, Sept. 25, 1989]

 




               SFAR No. 29-4--Limited IFR Operations of Rotorcraft

    1. Contrary provisions of Parts 21, 27, and 29 of the Federal Aviation
  Regulations notwithstanding, an operator of a rotorcraft that is not
  otherwise certificated for IFR operations may conduct an approved limited IFR
  operation in the rotorcraft when--
    (a) FAA approval for the operation has been issued under paragraph 2 of
  this SFAR;
    (b) The operator complies with all conditions and limitations established
  by this SFAR and the approval; and
    (c) A copy of the approval and this SFAR are set forth as a supplement to
  the Rotorcraft Flight Manual.
    2. FAA approval for the operation of a rotorcraft in limited IFR operations
  may be issued when the following conditions are met:
    (a) The operation is approved as part of the FAA study of limited
  rotorcraft IFR operations.
    (b) Specific FAA approval has been obtained for the following:
    (i) The rotorcraft (make, model, and serial number).

    (ii) The flightcrew.
    (iii) The procedures to be followed in the operation of the rotorcraft
  under IFR and the equipment that must be operable during such operations.
    (c) The conditions and limitations necessary for the safe operation of the
  rotorcraft in limited IFR operations have been established, approved, and
  incorporated into the operating limitations section of the Rotorcraft Flight
  Manual.
    3. An approval issued under paragraph 2 of this Special Federal Aviation
  Regulation and the change to the Rotorcraft Flight Manual specified in
  paragraph 2(c) of this Special Federal Aviation Regulation constitute a
  supplemental type certificate for each rotorcraft approved under paragraph 2
  of this SFAR. The supplemental type certificate will remain in effect until
  the approval to operate issued under the Special Federal Aviation Regulation
  is surrendered, revoked, or otherwise terminated.
    4. Notwithstanding Sec. 91.167(a)(3) of the Federal Aviation Regulations, a
  person may operate a rotorcraft in a limited IFR operation approved under
  paragraph 2(a) of the Special Federal Aviation Regulation with enough fuel to
  fly, after reaching the alternate airport, for not less than 30 minutes, when
  that period of time has been approved.
    5. Expiration.
    (a) New applications for limited IFR rotorcraft operations under SFAR No.
  29 may be submitted for approval until, but not including, the effective date
  of Amendment No. 1 of the Rotorcraft Regulatory Review Program. On and after
  the effective date of Amendment No. 1 of the Rotorcraft Regulatory Review
  Program, all applicants for certification of IFR rotorcraft operations must
  comply with the applicable provisions of the Federal Aviation Regulations.
    (b) This Special Federal Aviation Regulation will terminate when all
  approvals issued under Special Federal Aviation Regulation No. 29 are
  surrendered, revoked, or otherwise terminated.

  (Secs. 313(a), 601(a), and 603, Federal Aviation Act of 1958 (49 U.S.C.
  1354(a), 1421(a), and 1423) and section 6(c), Department of Transportation
  Act (49 U.S.C. 1655(c)))

  [Doc. No. 14237, 48 FR 632, Jan. 6, 1983, as amended by Amdt. 91-211, 54 FR
  34331, Aug. 18, 1989]






                                   SFAR No. 41

    1. Applicability.
    (a) Contrary provisions of Parts 21 and 23 of the Federal Aviation
  Regulations notwithstanding, an applicant is entitled to an amended or
  supplemental type certificate in the normal category for a reciprocating or
  turbopropeller-powered multiengine small airplane originally type
  certificated prior to October 17, 1979, in accordance with Part 23 of the
  Federal Aviation Regulations in effect on March 13, 1971, or later, that is
  to be certificated with a passenger seating configuration, excluding pilot
  seats, of 10 seats or more (but not more than 19 seats) at a maximum
  certificated takeoff weight of 12,500 pounds or less, if the applicant
  complies with--
    (1) The regulations incorporated in the type certificate; and
    (2) The requirements of Appendix A of Part 135 of the Federal Aviation
  Regulations in effect on September 26, 1978, except that the landing distance
  must be determined for standard atmosphere at each weight, altitude, and wind
  within the operating limits established by the applicant in accordance with
  Sec. 23.75(a) of this chapter in effect on September 26, 1978. Instead of a
  gliding approach specified in Sec. 23.75(a), the landing may be preceded by a
  steady approach down to the 50-foot height at a gradient of descent not
  greater than 5.2 percent (3 deg. ) at a calibrated airspeed not less than
  1.3V.
    (b) Contrary provisions of Parts 1, 21, 23, 91, 121, and 135 of the Federal
  Aviation Regulations notwithstanding, an applicant is entitled to an amended
  or supplemental type certificate in the normal category for a reciprocating
  or turbopropeller powered multiengine airplane originally type certificated
  prior to October 17, 1979 that is to be certificated with a maximum takeoff
  weight in excess of 12,500 pounds, a specified maximum zero fuel weight to be
  established by the applicant, and, where requested by the applicant, an
  increase in passenger seating configuration, (but not more than 19 passenger
  seats) if the applicant complies with--
    (1) The regulations incorporated in the type certificate;
    (2) The requirements of Appendix A of Part 135 of the Federal Aviation
  Regulations in effect on September 26, 1978 with the exceptions specified in
  section 5 of this Special Federal Aviation Regulation; and
    (3) The additional requirements specified in sections 7 through 14 of this
  Special Federal Aviation Regulation applicable to takeoff weights in excess
  of 12,500 pounds.
    (c) Contrary provisions of Part 1 of the Federal Aviation Regulations
  notwithstanding, an airplane certificated under paragraph (b) of this section
  is considered to be a small airplane for purposes of Parts 21, 23, 36, 121,
  135, and 139 of the Federal Aviation Regulations, and a large airplane for
  purposes of Parts 61 and 91. Compliance with the small airplane provisions of
  Part 36 of the Federal Aviation Regulations must be shown at the maximum
  certificated takeoff weight approved under this Special Federal Aviation
  Regulation.
    2. Eligibility. Any person may apply for a supplemental type certificate
  (or an amended type certificate in the case of a type certificate holder)
  under this Special Federal Aviation Regulation.
    3. Production limitation. An amended or supplemental type certificate
  issued pursuant to section 1.(b) of this Special Federal Aviation Regulation
  is effective for the purpose of obtaining an original or an amended
  airworthiness certificate, until October 17, 1991 unless the type certificate
  is sooner surrendered, suspended, revoked, or terminated.
    4. Restrictions. For airplanes certificated under section 1.(b) of this
  Special Federal Aviation Regulation--
    (a) The maximum zero fuel weight of the airplane must be established as an
  operating limitation; and
    (b) Except as provided in paragraph (c) of this section, the airworthiness
  certificate shall be endorsed "This airplane at weights in excess of 5,700 kg
  does not meet the airworthiness requirements of ICAO, as prescribed by Annex
  8 of the Convention on International Civil Aviation."
    (c) An applicant is entitle to type certificate amendment or a supplement
  type certificate that shows compliance with ICAO Annex 8 if the airplane
  meets SFAR and the following requirements prescribed by the Administrator in
  effect on October 17, 1979:
    (1) At each weight, altitude and temperature within the operational limits
  selected by the applicant--
    (i) For approach climb performance, comply with Secs. 25.121(d) and
  25.1533(a)(2).
    (ii) For takeoff performance, comply with Secs. 25.105(d), 25,11,
  25.113(a), and 25.115.
    (2) For gust loads design at rough air gust speed VB, comply with Secs.
  25.335(d), 25.341(a)(1), and 25.351(b).
    (3) For smoke evacuation design, comply with Sec. 25.831(d).
    (4) For engine rotation and restarting design, comply with Sec. 25.903(c)
  and (e).
    (5) For engine cooling design, comply with Sec. 25.1521(e).
    5. Exceptions. For purposes of obtaining an amended or supplemental type
  certificate under section 1.(b) of this Special Federal Aviation Regulation,
  the following exceptions apply. All references in this section to specific
  sections of Parts 23 and 25 of this chapter are to those in effect on
  September 26, 1978 if no other date is given:
    (a) Compliance with section 1 of Appendix A of Part 135 of the Federal
  Aviation Regulations is not required.
    (b) Compliance may be shown with the applicable regulations incorporated in
  the type certificate in lieu of the requirements of Appendix A of Part 135 of
  the Federal Aviation Regulations for takeoff weights of 12,500 pounds or
  less, if the airplane was type certificated--
    (1) Under FAR Part 23 in effect prior to Amendment 23-10 and the airplane
  is to be used only in FAR Part 91 operations;
    (2) Before July 19, 1970, in the normal category with a passenger seating
  configuration, excluding any pilot seat, of 10 seats or more, (but not to
  exceed 19 passenger seats) and meets special conditions issued by the
  Administrator for airplanes intended for use in operations under FAR Part
  135; or
    (3) Before July 19, 1970, in the normal category with a passenger seating
  configuration, excluding any pilot seat, of 10 seats or more, (but not to
  exceed 19 passenger seats) and meets the additional airworthiness standards
  in Special Federal Aviation Regulation No. 23.
    (c) In lieu of compliance with sections 7., and 19.(c) of Appendix A of
  Part 135 of the Federal Aviation Regulations, comply with the following at
  takeoff weights in excess of 12,500 pounds:
    Landing. (a) The landing distance must be determined for standard
  atmosphere at each weight, altitude, and wind within the operational limits
  established by the applicant in accordance with Sec. 23.75(a) of this
  chapter. Instead of a gliding approach specified in Sec. 23.75(a), the
  landing may be preceded by a steady approach down to the 50-foot height at a
  gradient of descent not greater than 5.2 percent (3 deg.) at a calibrated
  airspeed not less than 1.3 VS1.
    (b) The landing distance data must include correction factors for not more
  than 50 percent of the nominal wind components along the landing path
  opposite to the direction of landing, and not less than 150 percent of the
  nominal wind components along the landing path in the direction of landing.
    (d) In lieu of compliance with section 28 of Appendix A of Part 135 of the
  Federal Aviation Regulations, comply with the following:
    Fatigue evaluation of flight structure. Unless it is shown that the
  structure, operating stress levels, materials, and expected use are
  comparable from a fatigue standpoint to a similar design which has had
  substantial satifactory service experience, the strength, detail design, and
  the fabrication of those parts of the wing, wing carrythrough, vertical fin,
  horizortal stabilizer, and attaching structure whose failure would be
  catastrophic must be evaluted under either--
    (a) A fatigue strength investigation in which the structure is shown by
  analysis, tests, or both, to be able to withstand the repeated loads of
  variable magnitude expected in service. Analysis alone is acceptable only
  when it is conservative and applied to simple structures; or
    (b) A fail-safe strength investigation in which it is shown by analysis,
  tests, or both, that catastrophic failure of the structure is not probable
  after fatigue, or obvious partial failure, of a principal structural element,
  and that the remaining structure is able to withstand a static ultimate load
  factor of 75 percent of the critical limit load factor at VC. These loads
  must be multiplied by a factor of 1.15 unless the dynamic effects of failure
  under static load are otherwise considered.
    (e) In lieu of compliance with section 32 of Appendix A of Part 135 of the
  Federal Aviation Regulations, comply with the following:
    Doors and exits. The airplane must meet the requirements of Secs.  23.783
  and 23.807 (a)(3), (b), and (c) of this chapter, and in addition the
  following requirements:
    (a) Each cabin must have at least one easily accessible external door.
    (b) There must be a means to lock and safeguard each external door against
  opening in flight (either inadvertently by persons or as a result of
  mechanical failure or failure of a single structural element). Each external
  door must be operable from both the inside and the outside, even though
  persons may be crowded against the door on the inside of the airplane. Inward
  opening doors may be used if there are means to prevent occupants from
  crowding against the door to an extent that would interfere with the opening
  of the door. The means of opening must be simple and obvious and must be
  arranged and marked so that it can be readily located and operated, even in
  darkness. Auxiliary locking devices may be used.
    (c) Each external door must be reasonably free from jamming as a result of
  fuselage deformation in a minor crash.
    (d) Each external door must be located where persons using it will not be
  endangered by the propellers when appropriate operating procedures are used.
    (e) There must be a provision for direct visual inspection of the locking
  mechanism by crewmembers to determine whether external doors, for which the
  initial opening movement is outward (including passenger, crew, service, and
  cargo doors), are fully locked. In addition, there must be a visual means to
  signal to appropriate crewmembers when normally used external doors are
  closed and fully locked.
    (f) Cargo and service doors not suitable for use as exits in an emergency
  need only meet paragraph (e) of section 5(e) of this regulation and be
  safeguarded against opening in flight as a result of mechanical failure or
  failure of a single structural element.
    (g) The passenger entrance door must qualify as a floor level emergency
  exit. If an integral stair is installed at such a passenger entry door, the
  stair must be designed so that when subjected to the inertia forces specified
  in Sec. 23.561 of this chapter, and following the collapse of one or more
  legs of the landing gear, it will not interfere to an extent that will reduce
  the effectiveness of emergency egress through the passenger entry door. Each
  additional required emergency exit except floor level exits must be located
  over the wing or must be provided with acceptable means to assist the
  occupants in descending to the ground. In addition to the passenger entrance
  door--
    (1) For a total passenger seating capacity of 15 or less, an emergency
  exit, as defined in Sec. 23.807(b) of this chapter, is required on each side
  of the cabin; and
    (2) For a total passenger seating capacity of 16 through 19, three
  emergency exits, as defined in Sec. 23.807(b) of this chapter, are required
  with one on the same side as the door and two on the side opposite the door.
    (h) An evacuation demonstration must be conducted utilizing the maximum
  number of occupants for which certification is desired. It must be conducted
  under simulated night conditions utilizing only the emergency exits on the
  most critical side of the aircraft. The participants must be representative
  of average airline passengers with no prior practice or rehearsal for the
  demonstration. Evacuation must be completed within 90 seconds.
    (i) Each emergency exit must be marked with the word "Exit" by a sign which
  has white letters 1 inch high on a red background 2 inches high, be self-
  illuminated or independently internally electrically illuminated, and have a
  minimum luminescence (brightness) of at least 160 microlamberts. The colors
  may be reversed if the passenger compartment illumination is essentially the
  same.
    (j) Access to window type emergency exits may not be obstructed by seats or
  seat backs.
    (k) The width of the main passenger aisle at any point between seats must
  equal or exceed the values in the following table:

                                          Minimum main
                                        passenger aisle
                                            width--

                                        Less
                                      than 25
                         Number of     inches   25 inches
                         passenger      from     and more
                           seats       floor    from floor

                       10 through 19  9 inches  15 inches.

    (f) In lieu of compliance with Section 45 of Appendix A of Part 135 of the
  Federal Aviation Regulations, comply with Sec. 23.954 of this chapter.
    (g) In lieu of compliance with Section 56 of Appendix A of Part 135 of the
  Federal Aviation Regulations, comply with the following:
    Cowlings. The airplane must be designed and constructed so that no fire
  originating in any engine compartment can enter, either through openings or
  by burn through, any other region where it would create additional hazards.
    (h) In lieu of compliance with Section 57 of Appendix A of Part 135 of the
  Federal Aviation Regulations, comply with Sec. 25.863 of this chapter.
    6. Additional requirements--general. The additional requirements specified
  in sections 7 through 14 apply to the certification of airplanes pursuant to
  section 1.(b) of this Special Federal Aviation Regulation.
    7. Compartment interiors.
    (a) If smoking is to be prohibited, there must be a placard so stating, and
  if smoking is to be allowed--
    (1) There must be an adequate number of self-contained removable ashtrays;
  and
    (2) Where the crew compartment is separated from the passenger compartment,
  there must be at least one sign (using either letters or symbols) notifying
  all passengers when smoking is prohibited. Signs which notify when smoking is
  prohibited must--
    (i) Be legible to each passenger seated in the passenger cabin under all
  probable lighting conditions; and
    (ii) When illuminated, be so constructed that the crew can turn them on and
  off.
    (b) Each disposal receptacle for towels, paper, or waste must be fully
  enclosed and constructed of at least fire resistant materials, and must
  contain fires likely to occur in it under normal use. The ability of the
  disposal receptacle to contain those fires under all probable conditions of
  wear, misalignment, and ventilation expected in service must be demonstrated
  by test. A placard containing the legible words "No Cigarette Disposal" must
  be located on or near each disposal receptacle door.
    (c) Lavatories must have "No Smoking" or "No Smoking in Lavatory" placards
  located conspicuously on each side of the entry door, and self-contained
  removable ashtrays located conspicuously on or near the entry side of each
  lavatory door, except that one ashtray may serve more than one lavatory door
  if it can be seen from the cabin side of each lavatory door served. The
  placards must have red letters at least one-half inch high on a white
  background at least one inch high. (A "No smoking" symbol may be included on
  the placard).
    (d) There must be at least one hand fire extinguisher conventiently located
  in the pilot compartment.
    (e) There must be at least one hand fire extinguisher conventiently located
  in the passenger compartment.
    8. Landing gear. Comply with Sec. 25.721(a)(2), (b), and (c) of this
  chapter in effect on September 26, 1978.
    9. Fuel system components crashworthiness. Comply with Secs. 25.963(d) and
  25.994 of this chapter in effect on September 26, 1978.
    10. Shutoff means. Comply with Sec. 23.1189 of this chapter in effect on
  September 26, 1978.
    11. Fire detector and extinguishing systems.
    (a) Fire detector systems.
    (1) There must be a means which ensures the prompt detection of a fire in
  an engine compartment.
    (2) Each fire detector must be constructed and installed to withstand the
  vibration, inertia, and other loads to which it may be subjected in
  operation.
    (3) No fire detector may be affected by any oil, water, other fluids, or
  fumes that might be present.
    (4) There must be means to allow the crew to check, in flight, the function
  of each fire detector electric circuit.
    (5) Wiring and other components of each fire detector system in an engine
  compartment must be at least fire resistant.
    (b) Fire extinguishing systems.
    (1) Except for combustor, turbine, and tail pipe sections of turbine engine
  installations that contain lines or components carrying flammable fluids or
  gases for which it is shown that a fire originating in these sections can be
  controlled, there must be a fire extinguisher system serving each engine
  compartment.
    (2) The fire extinguishing system, the quantity of the extinguishing agent,
  the rate of discharge, and the discharge distribution must be adequate to
  extinguish fires. An individual "one shot" system may be used.
    (3) The fire-extinguishing system for a nacelle must be able to
  simultaneously protect each compartment of the nacelle for which protection
  is provided.
    12. Fire extinguishing agents. Comply with Sec. 25.1197 of this chapter in
  effect on September 26, 1978.
    13. Extinguishing agent containers. Comply with Sec. 25.1199 of this
  chapter in effect on September 26, 1978.
    14. Fire extinguishing system materials. Comply with Sec. 25.1201 of this
  chapter in effect on September 26, 1978.
    15. Expiration. This Special Federal Aviation Regulation terminates on
  September 13, 1983, unless sooner rescinded or superseded.

  (Secs. 313(a), 601, 602, Federal Aviation Act of 1945 (49 U.S.C. 1354(a),
  1421, 1423, 1424); sec. 6(c), Department of Transportation Act (49 U.S.C.
  1655(c)))

  [Doc. No. 18315, 44 FR 53729, Sept. 17, 1979; SFAR-41A, 45 FR 25047, Apr. 14,
  1980, as amended by SFAR-41B, 45 FR 80973, Dec. 8, 1980; SFAR-41C, 47 FR
  35153, Aug. 12, 1982]






        SFAR No. 44-5--Air Traffic Control System Interim Operations Plan
                      [Removed. 57 FR 60728, Dec. 22, 1992]




        SFAR No. 44-6--Air Traffic Control System Interim Operations Plan
                      [Removed. 57 FR 60728, Dec. 22, 1992]

 



                                  SFAR No. 45-1

    Editorial Note: For text of SFAR No. 45-1, see Part 71 of this chapter.






               SFAR No. 47--[Removed. 57 FR 60728, Dec. 22, 1992]

 



     SFAR No. 50-2--Special Flight Rules in the Vicinity of the Grand Canyon
                                National Park, AZ

    Section 1. Applicability. This rule prescribes special operating rules for
  all persons operating aircraft in the following airspace, designated as the
  Grand Canyon National Park Special Flight Rules Area:
    That airspace extending upward from the surface up to but not including
  14,500 feet MSL within an area bounded by a line beginning at lat. 36
  deg.09'30'' N., long. 114 deg.03'00'' W.; northeast to lat. 36 deg.14'00''
  N., long. 113 deg.09'50'' W.; thence northeast along the boundary of the
  Grand Canyon National Park to lat. 36 deg.24'47'' N., long. 112 deg.52'00''
  W.; to lat. 36 deg.30'30'' N., long. 112 deg.36'15'' W.; to lat. 36
  deg.21'30'' N., long. 112 deg.00'00'' W.; to lat. 36 deg.35'30'' N., long.
  111 deg.53'10'' W.; to lat. 36 deg.53'00'' N., long. 111 deg.36'45'' W.; to
  lat. 36 deg.53'00'' N., long. 111 deg.33'00'' W.; to lat. 36 deg.19'00'' N.,
  long. 111 deg.50'50'' W.; to lat. 36 deg.17'00'' N., long. 111 deg.42'00''
  W.; to lat. 35 deg.59'30'' N., long. 111 deg.42'00'' W.; to lat. 35
  deg.57'30'' N., long. 112 deg.03'55'' W.; thence counterclockwise via the
  5-statute mile radius of the Grand Canyon Airport reference point (lat. 35
  deg.57'09'' N., long 112 deg.08'47'' W.) to lat. 35 deg.57'30'' N., long.
  112 deg.14'00'' W.; to lat 35 deg.57'30'' N., long. 113 deg.11'00'' W.; to
  lat. 35 deg.42'30'' N., long. 113 deg.11'00'' W.; to lat. 35 deg.38'30'' N.,
  long. 113 deg.27'30'' W.; thence counterclockwise via the 5-statute mile
  radius of the Peach Springs VORTAC to lat. 35 deg.41'20'' N., long. 113
  deg.36'00'' W.; to lat. 35 deg.55'25'' N., long 113 deg.49'10'' W.; to lat.
  35 deg.57'45'' N., long. 113 deg.45'20'' W.; thence northwest along the park
  boundary to lat. 36 deg.02'20'' N., long. 113 deg.50'15'' W.; to lat. 36
  deg.00'10'' N., long., 113 deg.53'45'' W.; thence to the point of beginning.
    Sec. 2. Definitions. For the purposes of this special regulation:
    "Flight Standards District Office" means the FAA Flight Standards District
  Office with jurisdiction for the geographical area containing the Grand
  Canyon.
    "Park" means the Grand Canyon National Park.
    "Special Flight Rules Area" means the Grand Canyon National Park Special
  Flight Rules Area.
    Sec. 3. Aircraft operations: general. Except in an emergency, no person may
  operate an aircraft in the Special Flight Rules Area under VFR on or after
  September 22, 1988, or under IFR on or after April 6, 1989, unless the
  operation--
    (a) Is conducted in accordance with the following procedures:

    Note: THE FOLLOWING PROCEDURES DO NOT RELIEVE THE PILOT FROM SEE-AND-AVOID
  RESPONSIBILITY OR COMPLIANCE WITH FAR 91.119.

    (1) Unless necessary to maintain a safe distance from other aircraft or
  terrain--
    (i) Remain clear of the areas described in Section 4; and
    (ii) Remain at or above the following altitudes in each sector of the
  canyon:
    Eastern section from Lees Ferry to North Canyon and North Canyon to
  Boundary Ridge: as prescribed in Section 5.
    Boundary Ridge to Supai Point (Yumtheska Point): 10,000 feet MSL.
    Supai Point to Diamond Creek: 9,000 feet MSL.
    Western section from Diamond Creek to the Grand Wash Cliffs: 8,000 feet
  MSL.
    (2) Proceed through the four flight corridors described in Section 4 at the
  following altitudes unless otherwise authorized in writing by the Flight
  Standards District Office:

                                   Northbound

  11,500 or
  13,500 feet MSL

                                   Southbound

  10,500 or
  12,500 feet MSL.

    (b) Is authorized in writing by the Flight Standards District Office and is
  conducted in compliance with the conditions contained in that authorization.
  Normally authorization will be granted for operation in the areas described
  in Section 4 or below the altitudes listed in Section 5 only for operations
  of aircraft necessary for law enforcement, firefighting, emergency medical
  treatment/evacuation of persons in the vicinity of the Park; for support of
  Park maintenance or activities; or for aerial access to and maintenance of
  other property located within the Special Flight Rules Area. Authorization
  may be issued on a continuing basis.
    (c)(1) Prior to November 1, 1988, is conducted in accordance with a
  specific authorization to operate in that airspace incorporated in the
  operator's Part 135 operations specifications in accordance with the
  provisions of SFAR 50-1, notwithstanding the provisions of Sections 4 and 5;
  and
    (2) On or after November 1, 1988, is conducted in accordance with a
  specific authorization to operate in that airspace incorporated in the
  operator's operations specifications and approved by the Flight Standards
  District Office in accordance with the provisions of SFAR 50-2.
    (d) Is a search and rescue mission directed by the U.S. Air Force Rescue
  Coordination Center.
    (e) Is conducted within 3 nautical miles of Whitmore Airstrip, Pearce Ferry
  Airstrip, North Rim Airstrip, Cliff Dwellers Airstrip, or Marble Canyon
  Airstrip at an altitude less than 3,000 feet above airport elevation, for the
  purpose of landing at or taking off from that facility. Or
    (f) Is conducted under an IFR clearance and the pilot is acting in
  accordance with ATC instructions. An IFR flight plan may not be filed on a
  route or at an altitude that would require operation in an area described in
  Section 4.
    Section 4. Flight-free zones. Except in an emergency or if otherwise
  necessary for safety of flight, or unless otherwise authorized by the Flight
  Standards District Office for a purpose listed in section 3(b), no person may
  operate an aircraft in the Special Flight Rules Area within the following
  areas:
    (a) Desert View Flight-Free Zone. Within an area bounded by a line
  beginning at Lat. 35 deg.59'30'' N., Long. 111 deg.46'20'' W. to 35
  deg.59'30'' N., Long. 111 deg.52'45'' W.; to Lat. 36 deg.04'50'' N., Long.
  111 deg.52'00'' W.; to Lat. 36 deg.06'00'' N., Long. 111 deg.46'20'' W.; to
  the point of origin; but not including the airspace at and above 10,500 feet
  MSL within 1 mile of the western boundary of the zone. The area between the
  Desert View and Bright Angel Flight-Free Zones is designated the "Zuni Point
  Corridor."
    (b) Bright Angel Flight-Free Zone. Within an area bounded by a line
  beginning at Lat. 35 deg.59'30'' N., Long. 111 deg.55'30'' W.; to Lat. 35
  deg.59'30'' N., Long. 112 deg.04'00'' W.; thence counterclockwise via the 5-
  statute-mile radius of the Grand Canyon Airport point (Lat. 35 deg.57'09''
  N., Long. 112 deg.08'47'' W.) to Lat. 36 deg.01'30'' N., Long. 112
  deg.11'00'' W.; to Lat. 36 deg.06'15'' N., Long. 112 deg.12'50'' W.; to Lat.
  36 deg.14'40'' N., Long. 112 deg.08'50'' W.; to Lat. 36 deg.14'40'' N., Long.
  111 deg.57'30'' W.; to Lat. 36 deg.12'30'' N., Long. 111 deg.53'50'' W.; to
  the point of origin; but not including the airspace at and above 10,500 feet
  MSL within 1 mile of the eastern boundary between the southern boundary and
  Lat. 36 deg.04'50'' N. or the airspace at and above 10,500 feet MSL within 2
  miles of the northwest boundary. The area bounded by the Bright Angel and
  Shinumo Flight-Free Zones is designated the "Dragon Corridor."
    (c) Shinumo Flight-Free Zone. Within an area bounded by a line beginning at
  lat. 36 deg.04'00'' N., long. 112 deg.16'40'' W.; northwest along the park
  boundary to a point at lat. 36 deg.12'47'' N., long. 112 deg.30'53'' W.; to
  lat. 36 deg.21'15'' N., long. 112 deg.20'20'' W.; east along the park
  boundary to lat. 36 deg.21'15'' N., long. 112 deg.13'55'' W.; to lat. 36
  deg.14'40'' N., long. 112 deg.11'25'' W.; to the point of origin. The area
  between the Thunder River/Toroweap and Shinumo Flight-Free Zones is
  designated the "Fossil Canyon Corridor."
    (d) Toroweap/Thunder River Flight-Free Zone. Within an area bounded by a
  line beginning at lat. 36 deg.22'45'' N., long. 112 deg.20'35'' W.; thence
  northwest along the boundary of the Grand Canyon National Park to lat. 36
  deg.17'48'' N., long. 113 deg.03'15'' W.; to lat. 36 deg.15'00'' N., long.
  113 deg.07'10'' W.; to lat. 36 deg.10'30'' N., long. 113 deg.07'10'' W.;
  thence east along the Colorado River to the confluence of Havasu Canyon (lat.
  36 deg.18'40'' N., long. 112 deg.45'45'' W.;) including that area within a
  1.5-nautical-mile radius of Toroweap Overlook (lat. 36 deg.12'45'' N., long.
  113 deg.03'30'' W.) to the point of origin; but not including the following
  airspace designated as the "Tuckup Corridor": at or above 10,500 feet MSL
  within 2 nautical miles either side of a line extending between lat. 36
  deg.24'47'' N., long. 112 deg.48'50'' W.; and lat. 36 deg.17'10'' N., long.
  112 deg.48'50'' W.; to the point of origin.
    Sec. 5. Minimum flight altitudes. Except in an emergency or if otherwise
  necessary for safety of flight, or unless otherwise authorized by the Flight
  Standards District Office for a purpose listed in Section 3(b), no person may
  operate an aircraft in the Special Flight Rules Area at an altitude lower
  than the following:
    (a) Eastern section from Lees Ferry to North Canyon: 5,000 feet MSL.
    (b) Eastern section from North Canyon to Boundary Ridge: 6,000 feet MSL.
    (c) Boundary Ridge to Supai (Yumtheska) Point: 7,500 feet MSL.
    (d) Supai Point to Diamond Creek: 6,500 feet MSL.
    (e) Western section from Diamond Creek to the Grand Wash Cliffs: 5,000 feet
  MSL.
    Sec. 6 Commercial sightseeing flights. (a) Non-stop sightseeing flights
  that begin and end at the same airport, are conducted within a 25-statute-
  mile radius of that airport, and operate in or through the Special Flight
  Rules Area during any portion of the flight are governed by the provisions of
  SFAR 38-2 of part 119, part 121, and 135 of this chapter, as applicable.
    (b) No person holding or required to hold an air carrier certificate or an
  operating certificate under SFAR 38-2 or part 119 of this chapter may operate
  an aircraft having a passenger-seat configuration of 30 seats or fewer,
  excluding each crewmember seat, and a payload capacity of 7,500 pounds or
  less, in the Special Flight Rules Area except as authorized by operations
  specifications issued under that part.
    Sec. 7. Minimum terrain clearance. Except in an emergency, when necessary
  for takeoff or landing, or unless authorized by the Flight Standards District
  Office for a purpose listed in Section 3(b), no person may operate an
  aircraft within 500 feet of any terrain or structure located between the
  north and south rims of the Grand Canyon.
    Sec. 8. Communications. Except when in contact with the Grand Canyon
  National Park Airport Traffic Control Tower during arrival or departure or on
  a search and rescue mission directed by the U.S. Air Force Rescue
  Coordination Center, no person may operate an aircraft in the Special Flight
  Rules Area unless he monitors the appropriate frequency continuously while in
  that airspace.
    Sec. 9. Termination date. This Special Federal Aviation Regulation expires
  on June 15, 1997.

                       [ ...Illustration appears here... ]

                     Grand Canyon National Park (Flight Map)

  [Doc. 25149, SFAR 50-2, 53 FR 20273, June 2, 1988; 53 FR 21988, June 13,
  1988; 53 FR 32603, Aug. 26, 1988, as amended at 53 FR 36947, Sept. 22, 1988;
  54 FR 11927, Mar. 22, 1989; 54 FR 34331, Aug. 18, 1989; 55 FR 13445, Apr.
  10, 1990; 55 FR 15320, Apr. 23, 1990; 57 FR 26766, June 15, 1992; 60 FR
  31610, June 15, 1995; 60 FR 65913, Dec. 20, 1995]






       SFAR No. 51-1--Special Flight Rules in the Vicinity of Los Angeles
                              International Airport

    Section 1. Applicability: This rule establishes a special operating area
  for persons operating aircraft under visual flight rules (VFR) in the
  following airspace of the Los Angeles Class B airspace area designated as the
  Los Angeles Special Flight Rules Area:
    That part of Area A of the Los Angeles TCA between 3,500 feet above mean
  sea level (MSL) and 4,500 feet MSL, inclusive, bounded on the north by
  Ballona Creek, on the east by the San Diego Freeway, on the south by Imperial
  Highway, and on the west by the Pacific Ocean shoreline.
    Section 2. Aircraft operations, general. Unless otherwise authorized by the
  Administrator, no person may operate an aircraft in the airspace described in
  Section 1 unless the operation is conducted under the following rules.
    a. The flight must be conducted under VFR and only when operation may be
  conducted in compliance with Sec. 91.155(a).
    b. The aircraft must be equipped as specified in FAR 91.215(b) replying on
  Code 1201 prior to entering and while operating in this area.
    c. The pilot shall have a current Los Angeles Terminal Area Chart in the
  aircraft.
    d. The pilot shall operate on the Santa Monica very high frequency omni-
  directional radio range (VOR) 132 deg. radial.
    e. Operations in a southeasterly direction shall be in level flight at
  3,500 feet MSL.
    f. Operations in a northwesterly direction shall be in level flight at
  4,500 feet MSL.
    g. Indicated airspeed shall not exceed 140 knots.
    h. Anticollision lights and aircraft position/navigation lights shall be
  on. Use of landing lights is recommended.
    i. Turbojet aircraft are prohibited from VFR operations in this area
    Section 3. Notwithstanding the provisions of Sec. 91.131(a), an air traffic
  control authorization is not required in the Los Angeles Special Flight Rules
  Area for operations in compliance with section 2 of this SFAR. All other
  provisions of Sec. 91.131 apply to operate in the Special Flight Rules Area.

    Authority: 49 U.S.C. app. 1303, 1348, 1354(a), 1421, and 1422; 49 U.S.C.
  106(g).

  [Doc. No. 87-AWA-31, SFAR 51-1, 53 FR 3812, Feb. 9, 1988, as amended by Amdt.
  91-227, 56 FR 65652, Dec. 17, 1991]




     SFAR No. 54--Temporary Restriction of Instrument Approaches and Certain
       Visual Flight Rules Operations in High Pressure Weather Conditions

    1. Applicability. This rule applies in states within the Alaskan, Northwest
  Mountain, Great Lakes, Eastern, and New England Regions.
    2. Special flight restrictions. No person may operate an aircraft or
  initiate a flight to an airport in a state contrary to the requirements and
  terms of any Notice to Airmen issued under this special rule by the Manager,
  Flight Standards Division of the FAA region within which that state is
  located.
    3. Waivers. The Manager, Flight Standards Division, is authorized to waive
  any restriction issued under this special rule in order to permit emergency
  supply or medical services to isolated communities, where the operation can
  be conducted with an acceptable level of safety.
    4. Expiration. This special rule expires March 31, 1989.

  [Doc. 25793, 54 FR 5581, Feb. 3, 1989]






  SFAR No. 55-1--Flight Restrictions in the Vicinity of Prince William Sound,
      Alaska

    1. Applicability. This rule applies to all aircraft operations in the
  vicinity of Prince William Sound, Alaska, and other areas affected by the oil
  spill on March 24, 1989, within airspace and at times specifically described
  by NOTAM.
    2. Special flight restrictions. No person may operate an aircraft or
  initiate a flight in the area of applicability except in accordance with the
  provisions of this special rule.
    3. Definition. For the purposes of this special rule:
    "Responsible agency" means the U.S. Coast Guard, Valdez, Alaska, or other
  office or person designated by the Director, Air Traffic Operations Service,
  Federal Aviation Administration, as responsible for approval and monitoring
  of aircraft operations in an area designated by NOTAM under this special
  rule.
    4. Operating procedures.
    A. No person may operate an aircraft contrary to the requirements and terms
  of any Notice to Airmen issued under this special rule by the Director, Air
  Traffic Operations Service or his designee, unless otherwise authorized by
  the responsible agency.
    B. No person may operate an aircraft in any area designated by NOTAM
  without receiving prior approval from the responsible agency, if the NOTAM
  establishes a prior approval requirement for that area.
    C. No person may operate an aircraft within any area designated by NOTAM
  unless all of the following conditions are met:
    (1) The operator complies with all instructions and special identification
  procedures issued by the responsible agency, including by NOTAM or by radio
  through the designated facility;
    (2) The operator establishes and maintains two-way radio communications
  with the Coast Guard Cutter Rush or other communications facility designated
  by the responsible agency.
    D. Operating procedures to and from established landing areas within the
  designated areas in support of communities (such as Ellamar, Tatitlek, and
  Perry Island) and/or existing commercial interests will be provided by the
  responsible agency.
    5. Expiration. This special rule expires December 31, 1989.

  [Doc. No. 25857, 54 FR 13811, Apr. 5, 1989. Redesignated at 54 FR 27848, June
  30, 1989]






  SFAR No. 56--Temporary Suspension of Transponder With Altitude Encoding
      Equipment Requirement Below the Chicago, IL, Terminal Control Area

    During the effective dates of this SFAR and in the airspace area described
  herein below, the requirements of Sec. 91.24(b)(2) of the FAR are suspended.
    (a) Airspace area. That airspace below 3,000 feet MSL between 10.5 nautical
  miles and 30 nautical miles from Chicago O'Hare International Airport,
  excluding airspace within the TCA.
    (b) Effective dates. The provisions of this SFAR become effective at 12:01
  a.m. local time, on July 23, 1989 and terminate at 11:59 p.m., local time, on
  August 6, 1989.
    Expiration. This special rule expires at 11:59 p.m., local time, on August
  6, 1989.

  [Doc. No. 25957, 54 FR 29699, July 13, 1989]






   SFAR No. 57--Restriction on Certain Flights From the United States To the
                           Republic of the Philippines
                      [Removed. 57 FR 60728, Dec. 22, 1992]



  Special Federal Aviation Regulation No. 60--Air Traffic Control System
                            Emergency Operation

    1. Each person shall, before conducting any operation under the Federal
  Aviation Regulations (14 CFR chapter I), be familiar with all available
  information concerning that operation, including Notices to Airmen issued
  under Sec. 91.139 and, when activated, the provisions of the National Air
  Traffic Reduced Complement Operations Plan available for inspection at
  operating air traffic facilities and Regional air traffic division offices,
  and the General Aviation Reservation Program. No operator may change the
  designated airport of intended operation for any flight contained in the
  October 1, 1990, OAG.
    2. Notwithstanding any provision of the Federal Aviation Regulations to the
  contrary, no person may operate an aircraft in the Air Traffic Control
  System:
    a. Contrary to any restriction, prohibition, procedure or other action
  taken by the Director of the Office of Air Traffic Systems Management
  (Director) pursuant to paragraph 3 of this regulation and announced in a
  Notice to Airmen pursuant to Sec. 91.139 of the Federal Aviation Regulations.
    b. When the National Air Traffic Reduced Complement Operations Plan is
  activated pursuant to paragraph 4 of this regulation, except in accordance
  with the pertinent provisions of the National Air Traffic Reduced Complement
  Operations Plan.
    3. Prior to or in connection with the implementation of the RCOP, and as
  conditions warrant, the Director is authorized to:
    a. Restrict, prohibit, or permit VFR and/or IFR operations at any airport,
  Class B airspace area, Class C airspace area, or other class of controlled
  airspace.
    b. Give priority at any airport to flights that are of military necessity,
  or are medical emergency flights, Presidential flights, and flights
  transporting critical Government employees.
    c. Implement, at any airport, traffic management procedures, that may
  include reduction of flight operations. Reduction of flight operations will
  be accomplished, to the extent practical, on a pro rata basis among and
  between air carrier, commercial operator, and general aviation operations.
  Flights cancelled under this SFAR at a high density traffic airport will be
  considered to have been operated for purposes of part 93 of the Federal
  Aviation Regulations.
    4. The Director may activate the National Air Traffic Reduced Complement
  Operations Plan at any time he finds that it is necessary for the safety and
  efficiency of the National Airspace System. Upon activation of the RCOP and
  notwithstanding any provision of the FAR to the contrary, the Director is
  authorized to suspend or modify any airspace designation.
    5. Notice of restrictions, prohibitions, procedures and other actions taken
  by the Director under this regulation with respect to the operation of the
  Air Traffic Control system will be announced in Notices to Airmen issued
  pursuant to Sec. 91.139 of the Federal Aviation Regulations.
    6. The Director may delegate his authority under this regulation to the
  extent he considers necessary for the safe and efficient operation of the
  National Air Traffic Control System.

    Authority: 49 U.S.C. app. 1301(7), 1303, 1344, 1348, 1352 through 1355,
  1401, 1421 through 1431, 1471, 1472, 1502, 1510, 1522, and 2121 through 2125;
  articles 12, 29, 31, and 32(a) of the Convention on International Civil
  Aviation (61 stat. 1180); 42 U.S.C. 4321 et seq.; E.O. 11514, 35 FR 4247, 3
  CFR, 1966-1970 Comp., p. 902; 49 U.S.C. 106(g).

  [Doc. No. 26351, 55 FR 40760, Oct. 4, 1990, as amended by Amdt. 91-227, 56 FR
  65652, Dec. 17, 1991]


                    Special Federal Aviation Regulation No. 61
                       [Removed. 57 FR 60728, Dec. 22, 1992]



                  Special Federal Aviation Regulation No. 61-1.

  Restriction on Certain Cargo Flights from the United States to the Republic
                                    of Iraq.

    1. Applicability. This rule applies to all cargo-carrying operations in the
  United States.
    2. Special flight restrictions. Except as provided in paragraph 3 of this
  SFAR--
    (a) No person may operate an aircraft or initiate a flight carrying cargo
  from any point in the United States to any point in Iraq, or to any
  intermediate destination on a flight the ultimate destination of which is the
  Republic of Iraq; and
    (b) No person may operate an aircraft destined to land in Iraq over the
  territory of the United States.
    3. Permitted operations. This SFAR shall not prohibit the takeoff of an
  aircraft, the initiation of a flight, or the overflight of United States
  territory by an aircraft--
    (a) Carrying food in humanitarian circumstances, subject to authorization
  by the United Nations (UN) Security Council or the Committee established by
  UN Resolution 661 (1990) and in accordance with UN Resolution 666 (1990);
    (b) Carrying supplies intended strictly for medical purposes or solely for
  the United Nations Iran-Iraq Military Observer Group; or
    (c) If the operator agrees to land at an airport designated by the United
  States Government in order to permit inspection to ensure that there is no
  cargo on board in violation of Resolution 661 (1990) or Resolution 670
  (1990).
    4. Expiration. This special rule expires November 9, 1991.

  [Doc. No. 26380, SFAR No. 61-1, 56 FR 15031, Apr. 12, 1991]




  Special Federal Aviation Regulation No. 61-2--Prohibition Against Certain
  Flights Between the United States and Iraq

    1. Applicability. This Special Federal Aviation Regulation (SFAR) No. 61-2
  applies to all aircraft operations originating from, landing in, or
  overflying the territory of the United States.
    2. Special flight restrictions. Except as provided in paragraphs 3 and 4 of
  this SFAR No. 61-2--
    (a) No person shall operate an aircraft on a flight to any point in Iraq,
  or to any intermediate point on a flight where the ultimate destination is
  any point in Iraq or that includes a landing at any point in Iraq in its
  intended itinerary, from any point in the United States;
    (b) No person shall operate an aircraft on a flight to any point in the
  United States from any point in Iraq, or from any intermediate point on a
  flight where the origin is in Iraq, or from any point on a flight which
  includes a departure from any point in Iraq in its intended itinerary; or
    (c) No person shall operate an aircraft over the territory of the United
  States if that aircraft's flight itinerary includes any landing at or
  departure from any point in Iraq.
    3. Permitted operations. This SFAR shall not prohibit the flight operations
  between the United States and Iraq described in section 2 of this SFAR by an
  aircraft authorized to conduct such operations by the United States
  Government in consultation with the committee established by UN Security
  Council Resolution 661 (1990), and in accordance with UN Security Council
  Resolution 666 (1990).
    4. Emergency situations. In an emergency that requires immediate decision
  and action for the safety of the flight, the pilot in command of an aircraft
  may deviate from this SFAR to the extent required by that emergency. Except
  for U.S. air carriers and commercial operators that are subject to the
  requirements of 14 CFR 121.557, 121.559, or 135.19, each person who deviates
  from this rule shall, within ten (10) days of the deviation, excluding
  Saturdays, Sundays, and Federal holidays, submit to the nearest FAA Flight
  Standards District Office a complete report of the operations or the aircraft
  involved in the deviation, including a description of the deviation and the
  reasons therefore.
    5. Duration. This SFAR No. 61-2 shall remain in effect until further
  notice.

  [60 FR 49139, Sept. 21, 1995]







                    Special Federal Aviation Regulation No. 62

          Suspension of Certain Aircraft Operations from the Transponder
        with Automatic Pressure Altitude Reporting Capability Requirement

    Section 1. For purposes of this SFAR:
    (a) The airspace within 30 nautical miles of a Class B airspace area
  primary airport, from the surface upward to 10,000 feet MSL, excluding the
  airspace designated as a Class B airspace area is referred to as the Mode C
  veil.
    (b) Effective until December 30, 1993, the transponder with automatic
  altitude reporting capability requirements of FAR Sec. 91.215(b)(2) do not
  apply to the operation of an aircraft:
    (1) In the airspace at or below the specified altitude and within a 2-
  nautical-mile radius, or, if directed by ATC, within a 5-nautical mile
  radius, of an airport listed in section 2 of this SFAR; and
    (2) In the airspace at or below the specified altitude along the most
  direct and expeditious routing, or on a routing directed by ATC, between an
  airport listed in section 2 of this SFAR and the outer boundary of the Mode C
  veil airspace overlying that airport, consistent with established traffic
  patterns, noise abatement procedures, and safety.
    Section 2. Effective until December 30, 1993. Airports at which the
  provisions of Sec. 91.215(b)(2) do not apply.
    (1) Airports within a 30-nautical-mile radius of The William B. Hartsfield
  Atlanta International Airport.

                                                             Arpt  Alt.
                            Airport name                      ID   (AGL)

         Air Acres Airport, Woodstock, GA                    5GA4  1,500
         B & L Strip Airport, Hollonville, GA                GA29  1,500
         Camfield Airport, McDonough, GA                     GA36  1,500
         Cobb County-McCollum Field Airport, Marietta, GA    RYY   1,500
         Covington Municipal Airport, Covington, GA          9A1   1,500
         Diamond R Ranch Airport, Villa Rica, GA             3GA5  1,500
         Dresden Airport, Newnan, GA                         GA79  1,500
         Eagles Landing Airport, Williamson, GA              5GA3  1,500
         Fagundes Field Airport, Haralson, GA                6GA1  1,500
         Gable Branch Airport, Haralson, GA                  5GA0  1,500
         Georgia Lite Flite Ultralight Airport, Acworth, GA  31GA  1,500
         Griffin-Spalding County Airport, Griffin, GA        6A2   1,500
         Howard Private Airport, Jackson, GA                 GA02  1,500
         Newnan Coweta County Airport, Newnan, GA            CCO   1,500
         Peach State Airport, Williamson, GA                 3GA7  1,500
         Poole Farm Airport, Oxford, GA                      2GA1  1,500
         Powers Airport, Hollonville, GA                     GA31  1,500
         S & S Landing Strip Airport, Griffin, GA            8GA6  1,500
         Shade Tree Airport, Hollonville, GA                 GA73  1,500

    (2) Airports within a 30-nautical-mile radius of the General Edward
  Lawrence Logan International Airport.

                                                           Arpt  Alt.
                            Airport name                    ID   (AGL)

           Berlin Landing Area Airport, Berlin, MA         MA19  2,500
           Hopedale Industrial Park Airport, Hopedale, MA  1B6   2,500
           Larson's SPB, Tyngsboro, MA                     MA74  2,500
           Moore AAF, Ayer/Fort Devens, MA                 AYE   2,500
           New England Gliderport, Salem, NH               NH29  2,500
           Plum Island Airport, Newburyport, MA            2B2   2,500
           Plymouth Municipal Airport, Plymouth, MA        PYM   2,500
           Taunton Municipal Airport, Taunton, MA          TAN   2,500
           Unknown Field Airport, Southborough, MA         1MA5  2,500

    (3) Airports within a 30-nautical-mile radius of the Charlotte/Douglas
  International Airport.

                                                           Arpt  Alt.
                            Airport name                    ID   (AGL)

           Arant Airport, Wingate, NC                      1NC6  2,500
           Bradley Outernational Airport, China Grove, NC  NC29  2,500
           Chester Municipal Airport, Chester, SC          9A6   2,500
           China Grove Airport, China Grove, NC            76A   2,500
           Goodnight's Airport, Kannapolis, NC             2NC8  2,500
           Knapp Airport, Marshville, NC                   3NC4  2,500
           Lake Norman Airport, Mooresville, NC            14A   2,500
           Lancaster County Airport, Lancaster, SC         LKR   2,500
           Little Mountain Airport, Denver, NC             66A   2,500
           Long Island Airport, Long Island, NC            NC26  2,500
           Miller Airport, Mooresville, NC                 8A2   2,500
           U S Heliport, Wingate, NC                       NC56  2,500
           Unity Aerodrome Airport, Lancaster, SC          SC76  2,500
           Wilhelm Airport, Kannapolis, NC                 6NC2  2,500

    (4) Airports within a 30-nautical-mile radius of the Chicago-O'Hara
  International Airport.

                                                           Arpt  Alt.
                            Airport name                    ID   (AGL)

           Aurora Municipal Airport, Chicago/Aurora, IL    ARR   1,200
           Donald Alfred Gade Airport, Antioch, IL         IL11  1,200
           Dr. Joseph W. Esser Airport, Hampshire, IL      7IL6  1,200
           Flying M. Farm Airport, Aurora, IL              IL20  1,200
           Fox Lake SPB, Fox Lake, IL                      IS03  1,200
           Graham SPB, Crystal Lake, IL                    IS79  1,200
           Herbert C. Mass Airport, Zion, IL               IL02  1,200
           Landings Condominium Airport, Romeoville, IL    C49   1,200
           Lewis University Airport, Romeoville, IL        LOT   1,200
           McHenry Farms Airport, McHenry, IL              44IL  1,200
           Olson Airport, Plato Center, IL                 LL53  1,200
           Redeker Airport, Milford, IL                    IL85  1,200
           Reid RLA Airport, Gilberts, IL                  6IL6  1,200
           Shamrock Beef Cattle Farm Airport, McHenry, IL  49LL  1,200
           Sky Soaring Airport, Union, IL                  55LL  1,200
           Waukegan Regional Airport, Waukegan, IL         UGN   1,200
           Wormley Airport, Oswego, IL                     85LL  1,200

    (5) Airports within a 30-nautical-mile radius of the Cleveland-Hopkins
  International Airport.

                                                           Arpt  Alt.
                            Airport name                    ID   (AGL)

           Akron Fulton, International Airport, Akron, OH  AKR   1,300
           Bucks Airport, Newbury, OH                      40OH  1,300
           Derecsky Airport, Auburn Center, OH             6OI0  1,300
           Hannum Airport, Streetsboro, OH                 69OH  1,300
           Kent State University Airport, Kent, OH         1G3   1,300
           Lost Nation Airport, Willoughby, OH             LNN   1,300
           Mills Airport, Mantua, OH                       OH06  1,300
           Portage County Airport, Ravenna, OH             29G   1,300
           Stoney's Airport, Ravenna, OH                   OI32  1,300
           Wadsworth Municipal, Airport, Wadsworth, OH     3G3   1,300

    (6) Airports within a 30-nautical-mile radius of the Dallas/Fort Worth
  International Airport.

                                                           Arpt.  Alt.
                            Airport name                    ID    (AGL)

           Beggs Ranch/Aledo Airport, Aledo, TX            TX15   1,800
           Belcher Airport, Sanger, TX                     TA25   1,800
           Bird Dog Field Airport, Krum, TX                TA48   1,800
           Boe-Wrinkle Airport, Azle, TX                   28TS   1,800
           Flying V Airport, Sanger, TX                    71XS   1,800
           Graham Ranch Airport, Celina, TX                TX44   1,800
           Haire Airport, Bolivar, TX                      TX33   1,800
           Hartlee Field Airport, Denton, TX               1F3    1,800
           Hawkin's Ranch Strip Airport, Rhome, TX         TA02   1,800
           Horseshoe Lake Airport, Sanger, TX              TE24   1,800
           Ironhead Airport, Sanger, TX                    T58    1,800
           Kezer Air Ranch Airport, Springtown, TX         61F    1,800
           Lane Field Airport, Sanger, TX                  58F    1,800
           Log Cabin Airport, Aledo, TX                    TX16   1,800
           Lone Star Airpark Airport, Denton, TX           T32    1,800
           Rhome Meadows Airport, Rhome, TX                TS72   1,800
           Richards Airport, Krum, TX                      TA47   1,800
           Tallows Field Airport, Celina, TX               79TS   1,800
           Triple S Airport, Aledo, TX                     42XS   1,800
           Warshun Ranch Airport, Denton, TX               4TA1   1,800
           Windy Hill Airport, Denton, TX                  46XS   1,800
           Aero Country Airport, McKinney, TX              TX05   1,400
           Bailey Airport, Midlothian, TX                  7TX8   1,400
           Bransom Farm Airport, Burleson, TX              TX42   1,400
           Carroll Air Park Airport, De Soto, TX           F66    1,400
           Carroll Lake-View Airport, Venus, TX            70TS   1,400
           Eagle's Nest Estates Airport, Ovilla, TX        2T36   1,400
           Flying B Ranch Airport, Ovilla, TX              TS71   1,400
           Lancaster Airport, Lancaster, TX                LNC    1,400
           Lewis Farm Airport, Lucas, TX                   6TX1   1,400
           Markum Ranch Airport, Fort Worth, TX            TX79   1,400
           McKinney Municipal Airport, McKinney, TX        TKI    1,400
           O'Brien Airpark Airport, Waxahachie, TX         F25    1,400
           Phil L. Hudson Municipal Airport, Mesquite, TX  HQZ    1,400
           Plover Heliport, Crowley, TX                    82Q    1,400
           Venus Airport, Venus, TX                        75TS   1,400

    (7) Airports within a 30-nautical-mile radius of the Denver International
  Airport.

                                                              Arpt  Alt.
                            Airport name                       ID   (AGL)

        Air Dusters Inc., Airport, Roggen, CO                 49CO  1,200
        Bijou Basin Airport, Byers, CO                        CD17  1,200
        Boulder Municipal Airport, Boulder, CO                1V5   1,200
        Bowen Farms No. 1 Airport, Littleton, CO              CO98  1,200
        Bowen Farms No. 2 Airport, Strasburg, CO              3CO5  1,200
        Carrera Airpark Airport, Mead, CO                     93CO  1,200
        Cartwheel Airport, Mead, CO                           0CO8  1,200
        Chaparral Airport, Byers, CO                          CO18  1,200
        Colorado Antique Field Airport, Niwot, CO             8CO7  1,200
        Comanche Livestock Airport, Strasburg, CO             59CO  1,200
        Dead Stick Ranch Airport, Kiowa, CO                   18CO  1,200
        Frederick-Firestone Air Strip Airport, Frederick, CO  CO58  1,200
        Frontier Airstrip Airport, Mead, CO                   84CO  1,200
        Horseshoe Landings Airport, Keenesburg, CO            CO60  1,200
        Hoy Airstrip Airport, Bennett, CO                     76CO  1,200
        J & S Airport, Bennett, CO                            CD14  1,200
        Kostroski Airport, Franktown, CO                      43CO  1,200
        Kugel-Strong Airport, Platteville, CO                 27V   1,200
        Land Airport, Keenesburg, CO                          CO82  1,200
        Lemons Private Strip Airport, Boulder, CO             CO10  1,200
        Lindys Airpark Airport, Hudson, CO                    7CO3  1,200
        Parkland Airport, Erie, CO                            7CO0  1,200
        Pine View Airport, Elizabeth, CO                      02V   1,200
        Platte Valley Airport, Hudson, CO                     18V   1,200
        Rancho De Aereo Airport, Mead, CO                     05CO  1,200
        Reid Ranches Airport, Roggen, CO                      7CO6  1,200
        Singleton Ranch Airport, Byers, CO                    68CO  1,200
        Sky Haven Airport, Byers, CO                          CO17  1,200
        Spickard Farm Airport, Byers, CO                      5CO4  1,200
        Tri-County Airport, Erie, CO                          48V   1,200
        Westberg-Rosling Farms Airport, Roggen, CO            74CO  1,200
        Yoder Airstrip Airport, Bennett, CO                   CD09  1,200

    (8) Airports within a 30-nautical-mile radius of the Detroit Metropolitan
  Wayne County Airport.

                                                       Arpt.  Alt.
                           Airport name                 ID    (AGL)

              Al Meyers Airport, Tecumseh, MI          3TE    1,400
              Brighton Airport, Brighton, MI           45G    1,400
              Cackleberry Airport, Dexter, MI          2MI9   1,400
              Erie Aerodome Airport, Erie, MI          05MI   1,400
              Ham-A-Lot Field Airport, Petersburg, MI  MI48   1,400
              Merillat Airport, Tecumseh, MI           34G    1,400
              Rossettie Airport, Manchester, MI        75G    1,400
              Tecumseh Products Airport, Tecumseh, MI  0D2    1,400

    (9) Airport within a 30-nautical-mile radius of the Honolulu International
  Airport.

                                                        Arpt.  Alt.
                            Aiport name                  ID    (AGL)

             Dillingham Airfield Airport, Mokuleia, HI  HDH    2,500

    (10) Airports within a 30-nautical-mile radius of the Houston
  Intercontinental Airport and the William P. Hobby Airport.

                                                           Arpt.  Alt.
                            Airport name                    ID    (AGL)

           Ainsworth Airport, Cleveland, TX                OT6    1,200
           Ausinia Ranch Airport, Texas City, TX           TS50   1,200
           Bailes Airport, Angleton, TX                    7R9    1,200
           Biggin Hill Airport, Hockley, TX                TX49   1,200
           Cleveland Municipal Airport, Cleveland, TX      6R3    1,200
           Covey Trails Airport, Fulshear, TX              80XS   1,200
           Creasy Airport, Santa Fe, TX                    5TA5   1,200
           Custom Aire Service Airport, Angleton, TX       81D    1,200
           Fay Ranch Airport, Cedar Lane, TX               OT2    1,200
           Flying C Ranch Airport, Needville, TX           XS25   1,200
           Freeman Property Airport, Katy, TX              61T    1,200
           Garrett Ranch Airport, Danbury, TX              77XS   1,200
           Gum Island Airport, Dayton, TX                  3T6    1,200
           H & S Airfield Airport, Damon, TX               XS21   1,200
           Harbican Airpark Airport, Katy, TX              9XS9   1,200
           Harold Freeman Farm Airport, Katy, TX           8XS1   1,200
           HHI Hitchcock Heliport, Hitchcock, TX           6TA5   1,200
           Hoffpauir Airport, Katy, TX                     59T    1,200
           Horn-Katy Hawk International Airport, Katy, TX  57T    1,200
           Johnnie Volk Field Airport, Hitchcock, TX       37R    1,200
           King Air Airport, Katy, TX                      55T    1,200
           Lake Bay Gall Airport, Cleveland, TX            OT5    1,200
           Lake Bonanza Airport, Montgomery, TX            33TA   1,200
           Lane Airpark Airport, Rosenberg, TX             T54    1,200
           Meyer Field Airport, Rosharon, TX               TA33   1,200
           Prairie Aire Field Airport, Damon, TX           4TA0   1,200
           R W J Airpark Airport, Baytown, TX              54TX   1,200
           Westheimer Air Park Airport, Houston, TX        5TA4   1,200

    (11) Airports within a 30-nautical-mile radius of the Kansas City
  International Airport.

                                                                Arpt.  Alt.
                           Airport name                          ID    (AGL)

     Amelia Earhart Airport, Atchison, KS                       K59    1,000
     Booze Island Airport, St. Joseph, MO                       64MO   1,000
     Cedar Air Park Airport, Olathe, KS                         51K    1,000
     D'Field Airport, McLouth, KS                               KS90   1,000
     Dorei Airport, McLouth, KS                                 K69    1,000
     East Kansas City Airport, Grain Valley, MO                 3GV    1,000
     Excelsior Springs Memorial Airport, Excelsior Springs, MO  3EX    1,000
     Flying T Airport Oskaloosa, KS                             7KS0   1,000
     Hermon Farm Airport, Gardner, KS                           KS59   1,000
     Hillside Airport, Stilwell, KS                             63K    1,000
     Independence Memorial Airport, Independence, MO            3IP    1,000
     Johnson County Executive Airport, Olathe, KS               OJC    1,000
     Johnson County Industrial Airport, Olathe, KS              IXD    1,000
     Kimray Airport, Plattsburg, MO                             7MO7   1,000
     Lawrence Municipal Airport, Lawrence, KS                   LWC    1,000
     Martins Airport, Lawson, MO                                21MO   1,000
     Mayes Homestead Airport, Polo, MO                          37MO   1,000
     McComas-Lee's Summit Municipal Airport, Lee's Summit, MO   K84    1,000
     Mission Road Airport, Stilwell, KS                         64K    1,000
     Northwood Airport, Holt, MO                                2MO2   1,000
     Plattsburg Airpark, Airport, Plattsburg, MO                MO28   1,000
     Richards-Gebaur Airport, Kansas City, MO                   GVW    1,000
     Rosecrans Memorial Airport, St. Jospeh, MO                 STJ    1,000
     Runway Ranch Airport, Kansas City, MO                      2MO9   1,000
     Sheller's Airport, Tonganoxide, KS                         11KS   1,000
     Shomin Airport, Oskaloosa, KS                              0KS1   1,000
     Stonehenge Airport, Williams-town, KS                      71KS   1,000
     Threshing Bee Airport, McLouth, KS                         41K    1,000

    (12) Airport within a 30-nautical-mile radius of the McCarran International
  Airport.

                                                          Arpt  Alt.
                            Airport name                   ID   (AGL)

             Sky Ranch Estates Airport, Sandy Valley, NV  3L2   2,500

    (13) Airports within a 30-nautical-mile radius of the Memphis International
  Airport.

                                                                Arpt  Alt.
                            Airport name                         ID   (AGL)

      Bernard Manor Airport, Earle, AR                          65M   2,500
      Holly Springs-Marshall County Airport, Holly Springs, MS  M41   2,500
      McNeely Airport, Earle, AR                                M63   2,500
      Price Field Airport, Joiner, AR                           80M   2,500
      Tucker Field Airport, Hughes, AR                          78M   2,500
      Tunica Airport, Tunica, MS                                30M   2,500
      Tunica Municipal Airport, Tunica, MS                      M97   2,500

    (14) Airports within a 30-nautical-mile radius of the Minneapolis-St. Paul
  International Wold-Chamberlain Airport.

                                                        Arpt  Alt.
                            Airport name                 ID   (AGL)

               Belle Plaine Airport, Belle Plaine, MN   7Y7   1,200
               Carleton Airport, Stanton, MN            SYN   1,200
               Empire Farm Strip Airport, Bongards, MN  MN15  1,200
               Flying M Ranch Airport, Roberts, WI      78WI  1,200
               Johnson Airport, Rockford, MN            MY86  1,200
               River Falls Airport, River Falls, WI     Y53   1,200
               Rusmar Farms Airport, Roberts, WI        WS41  1,200
               Waldref SPB, Forest Lake, MN             9Y6   1,200
               Ziermann Airport, Mayer, MN              MN71  1,200

    (15) Airports within a 30-nautical-mile radius of the New Orleans
  International/Moisant Field Airport.

                                                   Arpt  Alt.
                            Airport name            ID   (AGL)

                    Bollinger SPB, Larose, LA      L38   1,500
                    Clovelly Airport, Cut Off, LA  LA09  1,500

    (16) Airports within a 30-nautical-mile radius of the John F. Kennedy
  International Airport, the La Guardia Airport, and the Newark International
  Airport.

                                                          Arpt  Alt.
                            Airport name                   ID   (AGL)

             Allaire Airport, Belmar/Farmingdale, NJ      BLM   2,000
             Cuddihy Landing Strip Airport, Freehold, NJ  NJ60  2,000
             Ekdahl Airport, Freehold, NJ                 NJ59  2,000
             Fla-Net Airport, Netcong, NJ                 ONJ5  2,000
             Forrestal Airport, Princeton, NJ             N21   2,000
             Greenwood Lake Airport, West Milford, NJ     4N1   2,000
             Greenwood Lake SPB, West Milford, NJ         6NJ7  2,000
             Lance Airport, Whitehouse Station, NJ        6NJ8  2,000
             Mar Bar L Farms, Englishtown, NJ             NJ46  2,000
             Peekskill SPB, Peekskill, NY                 7N2   2,000
             Peters Airport, Somerville, NJ               4NJ8  2,000
             Princeton Airport, Princeton/Rocky Hill, NJ  39N   2,000
             Solberg-Hunterdon Airport, Readington, NJ    N51   2,000

    (17) Airports within a 30-nautical-mile radius of the Orlando International
  Airport.

                                                           Arpt  Alt.
                            Airport name                    ID   (AGL)

           Arthur Dunn Air Park Airport, Titusville, FL    X21   1,400
           Space Center Executive Airport, Titusville, FL  TIX   1,400

    (18) Airports within a 30-nautical-mile radius of the Philadelphia
  International Airport.

                                                         Arpt  Alt.
                            Airport name                  ID   (AGL)

             Ginns Airport, West Grove, PA               78N   1,000
             Hammonton Municipal Airport, Hammonton, NJ  N81   1,000
             Li Calzi Airport, Bridgeton, NJ             N50   1,000
             New London Airport, New London, PA          N01   1,000
             Wide Sky Airpark Airport, Bridgeton, NJ     N39   1,000

    (19) Airports within a 30-nautical-mile radius of the Phoenix Sky Harbor
  International Airport.

                                                                   Arpt   Alt.
                           Airport name                             ID   (AGL)

  Ak Chin Community Airfield Airport, Maricopa, AZ                 E31    2,500
  Boulais Ranch Airport, Maricopa, AZ                              9E7    2,500
  Estrella Sailport, Maricopa, AZ                                  E68    2,500
  Hidden Valley Ranch Airport, Maricopa, AZ                        AZ17   2,500
  Millar Airport, Maricopa, AZ                                     2AZ4   2,500
  Pleasant Valley Airport, New River, AZ                           AZ05   2,500
  Serene Field Airport, Maricopa, AZ                               AZ31   2,500
  Sky Ranch Carefree Airport, Carefree, AZ                         E18    2,500
  Sycamore Creek Airport, Fountain Hills, AZ                       0AS0   2,500
  University of Arizona, Maricopa Agricultural Center Airport,
   Maricopa, AZ                                                    3AZ2   2,500

    (20) Airports within a 30-nautical-mile radius of the Lambert/St. Louis
  International Airport.

                                                        Arpt  Alt.
                            Airport name                 ID   (AGL)

              Blackhawk Airport, Old Monroe, MO         6MO0  1,000
              Lebert Flying L Airport, Lebanon, MO      3H5   1,000
              Shafer Metro East Airport, St. Jacob, IL  3K6   1,000
              Sloan's Airport, Elsberry, MO             0MO8  1,000
              Wentzville Airport, Wentzville, MO        MO50  1,000
              Woodliff Airpark Airport, Foristell, MO   98MO  1,000

    (21) Airports within a 30-nautical-mile radius of the Salt Lake City
  International Airport.

                                                            Arpt  Alt.
                            Airport name                     ID   (AGL)

          Bolinder Field-Tooele Valley Airport, Tooele, UT  TVY   2,500
          Cedar Valley Airport, Cedar Fort, UT              UT10  2,500
          Morgan County Airport, Morgan, UT                 42U   2,500
          Tooele Municipal Airport, Tooele, UT              U26   2,500

    (22) Airports within a 30-nautical-mile radius of the Seattle-Tacoma
  International Airport.

                                                      Arpt  Alt.
                            Airport name               ID   (AGL)

                 Firstair Field Airport, Monroe, WA   WA38  1,500
                 Gower Field Airport, Olympia, WA     6WAZ  1,500
                 Harvey Field Airport, Snohomish, WA  S43   1,500

    (23) Airports within a 30-nautical-mile radius of the Tampa International
  Airport.

                                                           Arpt  Alt.
                            Airport name                    ID   (AGL)

           Hernando County Airport, Brooksville, FL        BKV   1,500
           Lakeland Municipal Airport, Lakeland, FL        LAL   1,500
           Zephyrhills Municipal Airport, Zephyrhills, FL  ZPH   1,500

    (24) Effective until the establishment of the Washington Tri-Area Class B
  airspace area or December 30, 1993, whichever occurs first: Airports within a
  30-nautical-mile radius of the Washington National Airport and Andrews Air
  Force Base Airport.

                                                                   Arpt  Alt.
                            Airport name                            ID   (AGL)

    Barnes Airport, Lisbon, MD                                     MD47  2,000
    Bay Bridge Airport, Stevensville, MD                           W29   2,000
    Castle Marina Airport, Chester, MD                             0W6   2,000
    Davis Airport, Laytonsville, MD                                W50   2,000
    Fremont Airport, Kemptown, MD                                  MD41  2,000
    Kentmorr Airpark Airport, Stevensville, MD                     3W3   2,000
    Montgomery County Airpark Airport, Gaithersburg, MD            GAI   2,000
    Waredaca Farm Airport, Brookeville, MD                         MD16  2,000
    Aqua-Land/Cliffton Skypark Airport, Newburg, MD                2W8   1,000
    Buds Ferry Airport, Indian Head, MD                            MD39  1,000
    Burgess Field Airport, Riverside, MD                           3W1   1,000
    Chimney View Airport, Fredericksburg, VA                       5VA5  1,000
    Holly Springs Farm Airport, Nanjemoy, MD                       MD55  1,000
    Lanseair Farms Airport, La Plata, MD                           MD97  1,000
    Nyce Airport, Mount Victoria, MD                               MD84  1,000
    Parks Airpark Airport, Nanjemoy, MD                            MD54  1,000
    Pilots Cove Airport, Tompkinsville, MD                         MD06  1,000
    Quantico MCAF, Quantico, VA                                    NYG   1,000
    Stewart Airport, St. Michaels, MD                              MD64  1,000
    U.S. Naval Weapons Center, Dahlgren Lab Airport, Dahlgren, VA  NDY   1,000

    (25) Effective upon the establishment of the Washington Tri-Area Class B
  airspace area: Airports within a 30-nautical-mile radius of the Washington
  National Airport, Andrews Air Force Base Airport, Baltimore-Washington
  International Airport, and Dulles International Airport.

                                                                   Arpt  Alt.
                            Airport name                            ID   (AGL)

    Albrecht Airstrip Airport, Long Green, MD                      MD48  2,000
    Armacost Farms Airport, Hampstead, MD                          MD38  2,000
    Barnes Airport, Lisbon, MD                                     MD47  2,000
    Bay Bridge Airport, Stevensville, MD                           W29   2,000
    Carroll County Airport, Westminster, MD                        W54   2,000
    Castle Marina Airport, Chester, MD                             OW6   2,000
    Clearview Airpark Airport, Westminster, MD                     2W2   2,000
    Davis Airport, Laytonsville, MD                                W50   2,000
    Fallston Airport, Fallston, MD                                 W42   2,000
    Faux-Burhans Airport, Frederick, MD                            3MD0  2,000
    Forest Hill Airport, Forest Hill, MD                           MD31  2,000
    Fort Detrick Helipad Heliport, Fort Detrick (Frederick), MD    MD32  2,000
    Frederick Municipal Airport, Frederick, MD                     FDK   2,000
    Fremont Airport, Kemptown, MD                                  MD41  2,000
    Good Neighbor Farm Airport, Unionville, MD                     MD74  2,000
    Happy Landings Farm Airport, Unionville, MD                    MD73  2,000
    Harris Airport, Still Pond, MD                                 MD69  2,000
    Hybarc Farm Airport, Chestertown, MD                           MD19  2,000
    Kennersley Airport, Church Hill, MD                            MD23  2,000
    Kentmorr Airpark Airport, Stevensville, MD                     3W3   2,000
    Montgomery County Airpark Airport, Gaithersburg, MD            GAI   2,000
    Phillips AAF, Aberdeen, MD                                     APG   2,000
    Pond View Private Airport, Chestertown, MD                     OMD4  2,000
    Reservoir Airport, Finksburg, MD                               1W8   2,000
    Scheeler Field Airport, Chestertown, MD                        OW7   2,000
    Stolcrest STOL, Urbana, MD                                     MD75  2,000
    Tinsely Airstrip Airport, Butler, MD                           MD17  2,000
    Walters Airport, Mount Airy, MD                                OMD6  2,000
    Waredaca Farm Airport, Brookeville, MD                         MD16  2,000
    Weide AAF, Edgewood Arsenal, MD                                EDG   2,000
    Woodbine Gliderport, Woodbine, MD                              MD78  2,000
    Wright Field Airport, Chestertown, MD                          MD11  2,000
    Aviacres Airport, Warrenton, VA                                3VA2  1,500
    Birch Hollow Airport, Hillsboro, VA                            W60   1,500
    Flying Circus Aerodrome Airport, Warrenton, VA                 3VA3  1,500
    Fox Acres Airport, Warrenton, VA                               15VA  1,500
    Hartwood Airport, Somerville, VA                               8W8   1,500
    Horse Feathers Airport, Midland, VA                            53VA  1,500
    Krens Farm Airport, Hillsboro, VA                              14VA  1,500
    Scott Airpark Airport, Lovettsville, VA                        VA61  1,500
    The Grass Patch Airport, Lovettsville, VA                      VA62  1,500
    Walnut Hill Airport, Calverton, VA                             58VA  1,500
    Warrenton Air Park Airport, Warrenton, VA                      9W0   1,500
    Warrenton-Fauquier Airport, Warrenton, VA                      W66   1,500
    Whitman Strip Airport, Manassas, VA                            OV5   1,500
    Aqua-Land/Cliffton Skypark Airport, Newburg, MD                2W8   1,000
    Buds Ferry Airport, Indian Head, MD                            MD39  1,000
    Burgess Field Airport, Riverside, MD                           3WI   1,000
    Chimney View Airport, Fredericksburg, VA                       5VA5  1,000
    Holly Springs Farm Airport, Nanjemoy, MD                       MD55  1,000
    Lanseair Farms Airport, La Plata, MD                           MD97  1,000
    Nyce Airport, Mount Victoria, MD                               MD84  1,000
    Parks Airpark Airport, Nanjemoy, MD                            MD54  1,000
    Pilots Cove Airport, Tompkinsville, MD                         MD06  1,000
    Quantico MCAF, Quantico, VA                                    NYG   1,000
    Stewart Airport, St. Michaels, MD                              MD64  1,000
    U.S. Naval Weapons Center, Dahlgren Lab Airport, Dahlgren, VA  NDY   1,000

    Authority: 49 U.S.C. app. 1301(7), 1303, 1344, 1348, 1352 through 1355,
  1401, 1421 through 1431, 1471, 1472, 1502, 1510, 1522, and 2121 through 2125;
  articles 12, 29, 31, and 32(a) of the Convention on International Civil
  Aviation (61 stat. 1180); 42 U.S.C. 4321 et seq.; E.O. 11514, 35 FR 4247, 3
  CFR, 1966-1970 Comp., p. 902; 49 U.S.C. 106(g).

  [Dkt. No. 26242, 55 FR 50307, Dec. 5, 1990; 56 FR 1229, Jan. 11, 1991, as
  amended by Amdt. 91-227, 56 FR 65652, Dec. 17, 1991; 57 FR 30822, July 10,
  1992; 58 FR 48728, Sept. 17, 1993; 60 FR 8166, Feb. 10, 1995]



  SFAR No. 64--Special Flight Authorizations for Noise Restricted Aircraft

    1. Contrary provisions of part 91, subpart I notwithstanding, an operator
  of a civil subsonic turbojet airplane with maximum weight of more than 75,000
  pounds may conduct an approved limited nonrevenue operation of that airplane
  to or from a U.S. airport when such operation has been authorized by the FAA
  under paragraph 2 of this SFAR; and
    (a) The operator complies with all conditions and limitations established
  by this SFAR and the authorization;
    (b) A copy of the authorization is carried aboard the airplane during all
  operations to or from a U.S. airport;
    (c) The airplane carries an appropriate airworthiness certificate issued by
  the country of registration and meets the registration and identification
  requirements of that country; and
    (d) Whenever the application is for operation to a location at which FAA-
  approved noise abatement retrofit equipment is to be installed to make the
  aircraft comply with Stage 2 or Stage 3 noise levels as defined in part 36 of
  this chapter, the applicant must have a valid contract for such equipment.
    2. Authorization for the operation of a Stage 1 or Stage 2 civil turbojet
  airplane to or from a U.S. airport may be issued by the FAA for the following
  purposes:

  Stage 1 Airplanes

    (a) For a Stage 1 airplane owned by a U.S. owner/applicant on and since
  November 4, 1990:
    (i) Obtaining modifications necessary to meet Stage 2 noise levels as
  defined in part 36 of this chapter;
    (ii) Obtaining modifications necessary to meet Stage 3 noise levels as
  defined in part 36 of this chapter; or
    (iii) Scrapping the airplane, as deemed necessary by the FAA, to obtain
  spare parts to support U.S. programs for the national defense or safety.
    (b) For a Stage 1 airplane owned by a non-U.S. owner/applicant:
    (i) Obtaining modifications necessary to meet Stage 2 noise levels as
  defined in part 36 of this chapter;
    (ii) Obtaining modifications necessary to meet Stage 3 noise levels as
  defined in part 36 of this chapter; or
    (iii) Scrapping the airplane, as deemed necessary by the FAA, to obtain
  spare parts to support U.S. programs for the national defense or safety.
    (c) For a Stage 1 airplane purchased by a U.S. owner/applicant on or after
  November 5, 1990:
    (i) Obtaining modifications necessary to meet Stage 2 noise levels as
  defined in part 36 of this chapter, provided that the airplane does not
  subsequently operate in the contiguous United States;
    (ii) Obtaining modifications necessary to meet Stage 3 noise levels as
  defined in part 36 of this chapter; or
    (iii) Scrapping the airplane, as deemed necessary by the FAA, to obtain
  spare parts to support U.S. programs for the national defense or safety.

  Stage 2 Airplanes

    (d) For a Stage 2 airplane purchased by a U.S. owner/applicant on or after
  November 5, 1990, obtaining modification to meet Stage 3 noise levels as
  defined in part 36 of this chapter.
    (e) For Stage 2 airplanes that were U.S.-owned on and since November 4,
  1990, and that have been removed from service to achieve compliance with Sec.
  91.865 or Sec. 91.867 of this part:
    (i) Obtaining modifications to meet Stage 3 noise levels as defined in part
  36 of this chapter;
    (ii) Prior to January 1, 2000, exporting an airplane, including flying the
  airplane to or from any airport in the contiguous United States necessary for
  the exportation of that airplane; or
    (iii) Prior to January 1, 2000, operating the airplane as deemed necessary
  by the FAA for the sale, lease, storage, or scrapping of the airplane.
    3. An application for a special flight authorization under this Special
  Federal Aviation Regulation shall be submitted to the FAA, Director of the
  Office of Environment and Energy, received no less than five days prior to
  the requested flight, and include the following:
    (a) The applicant's name and telephone number;
    (b) The name of the airplane operator;
    (c) The make, model, registration number, and serial number of the
  airplane;
    (d) The reason why such authorization is necessary;
    (e) The purpose of the flight;
    (f) Each U.S. airport at which the flight will be operated and the number
  of takeoffs and landings at each;
    (g) The approximate dates of the flights;
    (h) The number of people on board the airplane and the function of each
  person;
    (i) Whether a special flight permit under FAR part 21.199 or a special
  flight authorization under FAR part 91.715 is required for the flight;
    (j) A copy of the contract for noise abatement retrofit equipment, if
  appropriate; and
    (k) Any other information or documentation requested by the Director,
  Office of Environment and Energy, as necessary to determine whether the
  application should be approved.
    4. The Special Federal Aviation Regulation terminates on December 31, 1999,
  unless sooner rescinded or superseded.

  [Dkt. No. 27314, Amdt. 91-232, 58 FR 31640, June 3, 1993; 58 FR 33189, June
  16, 1993; 58 FR 62035, Nov. 24, 1993]





                   Special Federal Aviation Regulation No. 65

    Prohibition Against Certain Flights Between the United States and Libya

    1. Applicability. Except as provided in paragraphs 3 and 4 of this Special
  Federal Aviation Regulation, this rule applies to all aircraft operations
  originating from, destined to land in, or overflying the territory of the
  United States.
    2. Special flight restrictions. Except as provided in paragraph 3 of this
  SFAR--
    (a) no person shall operate an aircraft or initiate a flight from any point
  in the United States to any point in Libya, or to any intermediate
  destination on a flight the ultimate destination of which is in Libya or
  which includes a landing at any point in Libya in its intended itinerary;
    (b) no person shall operate an aircraft to any point in the United States
  from any point in Libya, or from any intermediate point of departure on a
  flight the origin of which is in Libya, or which includes a departure from
  any point in Libya in its intended itinerary; and
    (c) no person shall operate an aircraft over the territory of the United
  States if that aircraft's flight itinerary includes any landing at or
  departure from any point in Libya.
    3. Permitted operations. This SFAR shall not prohibit the takeoff or
  landing of an aircraft, the initiation of a flight, or the overflight of
  United States territory by an aircraft authorized to conduct such operations
  by the United States Government in consultation with the United Nations
  Security Council Committee established by UN Resolution 748 (1992).
    4. Emergency situations. In an emergency that requires immediate decision
  and action for the safety of the flight, the pilot in command of an aircraft
  may deviate from this SFAR to the extent required by that emergency. Any
  deviation required by an emergency shall be reported to the Air Traffic
  Control Facility having jurisdiction as soon as possible.
    5. Expiration. This Special Federal Aviation Regulation expires April 16,
  1993.

  [Dkt. No. 26834, 57 FR 14473, Apr. 20, 1992]





  Special Federal Aviation Regulation No. 66

  Prohibition Against Certain Flights Between the United States and Yugoslavia

    1. Applicability. Except as provided in paragraphs 3 and 4 of this Special
  Federal Aviation Regulation, this rule applies to all aircraft operations
  originating from, destined to land in, or overflying the territory of the
  United States.
    2. Special flight restrictions. Except as provided in paragraph 3 of this
  SFAR--
    (a) No person shall operate an aircraft or initiate a flight from any point
  in the United States to any point in the Federal Republic of Yugoslavia
  (Serbia and Montenegro) (hereinafter "Yugoslavia"), or to any intermediate
  destination on a flight the ultimate destination of which is in Yugoslavia or
  which includes a landing at any point in Yugoslavia in its intended
  itinerary;
    (b) No person shall operate an aircraft to any point in the United States
  from any point in Yugoslavia, or from any intermediate point of departure on
  a flight the origin of which is in Yugoslavia, or which includes a departure
  from any point in Yugoslavia in its intended itinerary; and
    (c) No person shall operate an aircraft over the territory of the United
  States if that aircraft's flight itinerary includes any landing at or
  departure from any point in Yugoslavia.
    3. Permitted operations. This SFAR shall not prohibit the takeoff or
  landing of an aircraft, the initiation of a flight, or the overflight of
  United States territory by an aircraft authorized to conduct such operations
  by the United States Government in consultation with the United Nations
  Security Council Committee established by UN Security Council Resolution 757
  (1992).
    4. Emergency situations. In an emergency that requires immediate decision
  and action for the safety of the flight, the pilot in command of an aircraft
  may deviate from this SFAR to the extent required by that emergency. Any
  deviation required by an emergency shall be reported to the Air Traffic
  Control Facility having jurisdiction as soon as possible.
    5. Expiration. This Special Federal Aviation Regulation expires August 26,
  1994.

  [Dkt. 26903, 58 FR 45221, Aug. 26, 1993]






  Special Federal Aviation Regulation No. 67--Prohibition Against Certain
  Flights Within the Territory and Airspace of Afghanistan

    1. Applicability. This rule applies to all U.S. air carriers and commercial
  operators, all persons exercising the privileges of an airman certificate
  issued by the FAA, and all operators using aircraft registered in the United
  States except where the operator of such aircraft is a foreign air carrier.
    2. Flight prohibition. Except as provided in paragraph 3 and 4 of this
  SFAR, no person described in paragraph 1 may conduct flight operations within
  the territory and airspace of Afghanistan.
    3. Permitted operations. This SFAR does not prohibit persons described in
  paragraph 1 from conducting flight operations within the territory and
  airspace of Afghanistan where such operations are authorized either by
  exemption issued by the Administrator or by another agency of the United
  States Government with the approval of the FAA.
    4. Emergency situations. In an emergency that requires immediate decision
  and action for the safety of the flight, the pilot in command of an aircraft
  may deviate from this SFAR to the extent required by that emergency. Except
  for U.S. air carriers and commercial operators that are subject to the
  requirements of 14 CFR 121.557, 121.559, or 135.19, each person who deviates
  from this rule shall, within ten (10) days of the deviation, excluding
  Saturdays, Sundays, and Federal holidays, submit to the nearest FAA Flight
  Standards District Office a complete report of the operations of the aircraft
  involved in the deviation, including a description of the deviation and the
  reasons therefor.
    5. Expiration. This Special Federal Aviation Regulation expires May 10,
  1997.

  [Dkt. No. 27744, 59 FR 25283, May 13, 1994]

 



                    Special Federal Aviation Regulation No. 68
                      [Removed. 59 FR 54385, Oct. 31, 1994]





                    Special Federal Aviation Regulation No. 69
                      [Removed. 59 FR 53584, Oct. 25, 1994]



  SFAR No. 71--Special Operating Rules for Air Tour Operators in the State of
  Hawaii

    Section 1. Applicability. This Special Federal Aviation Regulation
  prescribes operating rules for airplane and helicopter visual flight rules
  air tour flights conducted in the State of Hawaii under 14 CFR parts 91, 121,
  and 135. This rule does not apply to:
    (a) Operations conducted under 14 CFR part 121 in airplanes with a
  passenger seating configuration of more than 30 seats or a payload capacity
  of more than 7,500 pounds.
    (b) Flights conducted in gliders or hot air balloons.
    Section 2. Definitions. For the purposes of this SFAR:
    "Air tour" means any sightseeing flight conducted under visual flight rules
  in an airplane or helicopter for compensation or hire.
    "Air tour operator" means any person who conducts an air tour.
    Section 3. Helicopter flotation equipment. No person may conduct an air
  tour in Hawaii in a single-engine helicopter beyond the shore of any island,
  regardless of whether the helicopter is within gliding distance of the shore,
  unless:
    (a) The helicopter is amphibious or is equipped with floats adequate to
  accomplish a safe emergency ditching and approved flotation gear is easily
  accessible for each occupant; or
    (b) Each person on board the helicopter is wearing approved flotation gear.
    Section 4. Helicopter performance plan. Each operator must complete a
  performance plan before each helicopter air tour flight. The performance plan
  must be based on the information in the Rotorcraft Flight Manual (RFM),
  considering the maximum density altitude for which the operation is planned
  for the flight to determine the following:
    (a) Maximum gross weight and center of gravity (CG) limitations for
  hovering in ground effect;
    (b) Maximum gross weight and CG limitations for hovering out of ground
  effect; and,
    (c) Maximum combination of weight, altitude, and temperature for which
  height-velocity information in the RFM. is valid.
    The pilot in command (PIC) must comply with the performance plan.
    Section 5. Helicopter operating limitations. Except for approach to and
  transition from a hover, the PIC shall operate the helicopter at a
  combination of height and forward speed (including hover) that would permit a
  safe landing in event of engine power loss, in accordance with the height-
  speed envelope for that helicopter under current weight and aircraft
  altitude.
    Section 6. Minimum flight altitudes. Except when necessary for takeoff and
  landing, or operating in compliance with an air traffic control clearance, or
  as otherwise authorized by the Administrator, no person may conduct an air
  tour in Hawaii:
    (a) Below an altitude of 1,500 feet above the surface over all areas of the
  State of Hawaii, and,
    (b) Closer than 1,500 feet to any person or property; or,
    (c) Below any altitude prescribed by federal statute or regulation.
    Section 7. Passenger briefing. Before takeoff, each PIC of an air tour
  flight of Hawaii with a flight segment beyond the ocean shore of any island
  shall ensure that each passenger has been briefed on the following, in
  addition to requirements set forth in 14 CFR 91.107, 121.571, or 135.117:

  [Dkt. No. 27919, 59 FR 49145, Sept. 26, 1994, as amended by Amdt. 91-245, 60
  FR 65913, Dec. 20, 1995]

 



  SFAR No. 74 Airspace and Flight Operations Requirements for the 1996 Summer
  Olympic Games, Atlanta, Georgia

  A. General

    1. Each person shall be familiar with all NOTAMs issued pursuant to this
  SFAR and all other available information concerning that operation before
  conducting any operation into or out of an airport or area specified in this
  SFAR or in NOTAMs pursuant to this SFAR. In addition, each person operating
  an international flight that will enter the U.S. shall be familiar with any
  international NOTAMs issued pursuant to this SFAR. NOTAMs are available for
  inspection at operating FAA air traffic facilities and regional air traffic
  division offices.
    2. Notwithstanding any provision of the Federal Aviation Regulations to the
  contrary, no person may operate an aircraft contrary to any restriction
  procedure specified in this SFAR or by the Administrator, through a NOTAM
  issued pursuant to this SFAR.
    3. As conditions warrant, the Administrator is authorized to--
    (a) Restrict, prohibit, or permit IFR/VFR operations at any airport,
  terminal, or enroute airspace area designated in this SFAR or in a NOTAM
  issued pursuant to this SFAR;
    (b) Give priority to or exclude the following flights from certain
  provisions of this SFAR and NOTAMs issued pursuant to this SFAR: (The
  requirement to contact the designated using agency for authorization to enter
  a TFR is mandatory.)
    (1) Essential military.
    (2) Medical and rescue.
    (3) Essential public health and welfare.
    (4) Presidential and Vice Presidential.
    (5) Flights carrying visiting heads of state.
    (6) Flights in the service of the Olympic Committee and media flights whose
  planned activities have been coordinated and accredited by the Atlanta
  Committee for the Olympic Games.
    (7) Law enforcement and security.
    (8) Flights authorized by the Director, Air Traffic Service; and/or
    (c) Implement flow control management procedures.
    4. For security purposes, the Administrator may issue NOTAMs during the
  effective period of this SFAR to cancel or modify provisions of this SFAR and
  NOTAMs issued pursuant to this SFAR if such action is
  consistent with the safe and efficient use of airspace and the safety and
  security of persons and property on the ground as affected by air traffic.
    5. No person may operate an aircraft to or from an airport listed in this
  SFAR or NOTAM issued pursuant to this SFAR unless that person complies with
  the requirements of this SFAR and NOTAMs issued pursuant to this SFAR that
  are applicable to his/her operations.

  B. Slot Reservation System

  1. General Description

    Slot reservations for arrivals and departures at specified airports in the
  vicinity of the Olympic Games are required for the period July 17 through
  August 6, 1996. The FAA believes this action is necessary for the security of
  the venues, safe operation and management of aircraft operating to, within,
  and from these areas, and to prevent any unsafe congestion of sightseeing and
  other aircraft over the various venues.

  2. Definitions

    For purposes of this SFAR the following definitions apply:
    (a) Domestic air transportation (domestic)--the carriage by aircraft of
  persons or property as a common carrier for compensation or hire, or the
  carriage of mail by aircraft, in commerce originating in the United States
  and commencing any place within the United States.
    (b) Foreign air transportation (foreign)--the carriage by aircraft of
  persons or property as a common carrier for compensation or hire, or carriage
  of mail by aircraft, in commerce between a place in the United States and any
  place outside of the United States.
    (c) Scheduled operations--foreign and domestic air carrier and cargo
  operations published in the Official Air Line Guide (OAG) as of June 30,
  1996, and/or routine consistent operations operated same time, day and number
  of days per week as in regularly scheduled cargo operations. This category
  also includes additional operations by scheduled operators at the same
  airport if those operations are listed in the OAG as of June 30, 1996.
    (d) Non-scheduled operations--foreign and domestic charters and cargo
  operations not published in the OAG as of June 30, 1996, and/or not operated
  on a routine consistent basis during the same time, day and number of days
  per week, excluding helicopters. This category also includes additional
  operations by scheduled operators at the same airport that are not listed in
  the OAG as of June 30, 1996.
    (e) Other operations--all operations conducted by operators that do not
  hold either an air carrier certificate or an operating certificate for common
  carriage issued under SFAR 38-2 or part 119 of the Federal Aviation
  Regulations or any operations conducted under part 129 of the Federal
  Aviation Regulations. These operations exclude helicopters and include, but
  are not limited to, general aviation and business operations conducted under
  part 91.

  3. Method

    Beginning May 15 through June 30, 1996, non-scheduled operations may submit
  their request for slot reservations for the affected airports via Internet
  address [atcslots@mail.hq.faa.gov] or facsimile number [(770) 946-7938].
  Request confirmation will be provided within 72 hours of receipt via the form
  of request. From the period July 1 through July 13, 1996, the FAA will not
  receive any requests.
    Beginning July 14, 1996, 7:00 a.m. (EDT), all operators can reserve VFR
  arrival and departure or IFR arrival and departure slots at these airports by
  calling 1-800-96FAA96 (963-2296), 24 hours a day. Reservation slots may be
  reserved no sooner than 72 hours before your estimated time of arrival or
  departure.

  4. Necessary Information

    The following information must be provided for all requests (reservation
  requests beginning May 15 through June 30, 1996, via Internet address or
  facsimile number, and via the telephone number as of July 14, 1996): Arrival
  Reservations: destination airport, estimated time of arrival, call sign,
  direction of arrival to the Atlanta area and type aircraft; Departure
  Reservations: departure airport, estimated time of departure, call sign,
  destination airport, first fix after departure and type aircraft;
  Confirmation Method: operator's Internet address or facsimile number for
  return confirmation for arrival and departure reservations.

  5. Affected Airports

    For purposes of the SFAR:
    (a) Airports and airspace areas associated with Olympic activity which
  require restriction or prohibition of aviation activity will be designated in
  NOTAMs issues pursuant to this SFAR.
    (b) Airports listed below and in NOTAMs issued pursuant to this SFAR are
  identified as:

  VFR Arrival Slot Reservation Airports

  Cobb County-McCollum Field Airport (RYY), Marietta, GA
  DeKalb-Peachtree Airport (PDK), Atlanta, GA
  Fulton County Airport-Brown Field Airport (FTY), Atlanta, GA
  Gwinnett County-Briscoe Field Airport (LZU), Lawrenceville, GA

  VFR Departure Slot Reservation Airports

  Cobb County-McCollum Field Airport (RYY), Marietta, GA
  DeKalb-Peachtree Airport (PDK), Atlanta, GA
  Fulton County Airport-Brown Field Airport (FTY), Atlanta, GA
  Gwinnett County-Briscoe Field Airport (LZU), Lawrenceville, GA

  Non-Scheduled IFR Slot Reservation Airports

  Clayton County-Tara Field Airport (4A7), Hampton, GA
  Cobb County-McCollum Field Airport (RYY), Marietta, GA
  Covington Municipal Airport (9A1), Covington, GA
  DeKalb-Peachtree Airport (PDK), Atlanta, GA
  Ben Epps Field Airport (AHN), Athens, GA
  Peachtree City-Falcon Field Airport (FFC), Peachtree City, GA
  Fulton County Airport-Brown Field Airport (FTY), Atlanta, GA
  Lee Gilmer Memorial Airport (GVL), Gainesville, GA
  Gwinnett County-Briscoe Field Airport (LZU), Lawrenceville, GA
  The William B. Hartsfield Atlanta International Airport (ATL), Atlanta, GA
  Richard B. Russell Airport (RMG), Rome, GA

  C. Temporary Flight Restriction (TFR) Areas

    The FAA establishes TFR areas over the Olympic Village and competition
  sites. The establishment of TFR areas over the competition venues will result
  in the restriction of aircraft operations in these areas; however, access to
  these areas may be accommodated with an appropriate authorization from the
  designated using agency. Aircraft operating under exclusions approved by the
  Administrator are required to contact the designated using agency for
  appropriate authority to enter a TFR. ATC will retain the ability to manage
  aircraft through the TFR areas in accordance with normal traffic flow.
    Operating restrictions within the airspace overlying competition venues are
  for the period from 3 hours before to 3 hours after each event. The
  additional time that the restrictions are to be imposed, before and after
  each event, will accommodate the observation and planning of ground traffic
  movement as well as facilitate the orderly movement of aircraft in and
  through the airspace above each event. Flight operations will be restricted
  within the airspace from the surface to approximately 2500 feet AGL to
  provide a safe environment.
    At the following locations, flight is restricted during the times of
  designation:

  1. The Olympic Village; Atlanta, Georgia

    That airspace within a 1 NM radius of latitude (lat.) 33 deg. 46' 35" N,
  longitude (long.) 84 deg. 23' 52" W (ATL 012R/8.5 NM distance measuring
  equipment (DME) fix).
    Designated altitudes: Surface to but not including 3,500 feet mean sea
  level (MSL).
    Times of Designation: July 6, 1996, to August 11, 1996, 24 hours per day.

    Using agency: Georgia State Patrol.
    Contact: SFC W.S. Smith (770) 919-9929

  2. The Olympic Ring; Atlanta, Georgia

    That airspace within a 3 NM radius of lat. 33 deg. 45' 27" N, long. 84 deg.
  24' 05" W (ATL 013R/7.4 NM DME fix).
    Designated altitudes. Surface to but not including 3,500 feet MSL.
    Times of Designation. July 19, 1996, from 7:00 p.m. local time to July 20,
  1996 at 2:00 a.m.; July 20, 1996 until August 5, 1996, 5:00 a.m. until 2:00
  a.m.

    Using agency: Georgia State Patrol.
    Contact: SFC W.S. Smith (770) 919-9929.

  3. Wolf Creek Skeet Range; Atlanta, Georgia

    That airspace within a 1 NM radius of lat. 33 deg. 40' 12" N long. 84 deg.
  33' 54" W, (ATL 286R/6 NM DME fix).
    Designated altitudes: Surface to but not including 2,500 feet MSL.
    Times of Designation:

  July 20, 1996, from 8:00 a.m. until 8:00 p.m.
  July 21, 1996, from 8:00 a.m. until 8:00 p.m.
  July 22, 1996, from 8:00 a.m. until 4:30 p.m.
  July 23, 1996, from 8:00 a.m. until 7:00 p.m.
  July 24, 1996, from 8:00 a.m. until 5:30 p.m.
  July 25, 1996, from 8:00 a.m. until 8:30 p.m.
  July 26, 1996, from 8:00 a.m. until 7:00 p.m.
  July 27, 1996, from 12:00 a.m. until 7:00 p.m.

    Using agency: Georgia State Patrol.
    Contact: SFC W.S. Smith (770) 919-9929.

  4. Stone Mountain Park, Stone Mountain, Georgia

    That airspace within a 3 NM radius of lat. 33 deg. 48' 24" N, long. 84 deg.
  08' 06" W (PDK 117R/9 NM DME fix).
    Designated altitudes. Surface to and including 2,500 feet AGL.
    Times of Designation:

  July 22, 1996, from 9:00 a.m. until 9:00 p.m.
  July 23, 1996, from 9:00 a.m. until 9:00 p.m.
  July 24, 1996, from 9:00 a.m. until 9:00 p.m.
  July 25, 1996, from 9:00 a.m. until 9:00 p.m.
  July 26, 1996, from 9:00 a.m. until 9:00 p.m.
  July 27, 1996, from 8:00 a.m. until 9:00 p.m.
  July 28, 1996, from 8:00 a.m. until 9:00 p.m.
  July 29, 1996, from 8:00 a.m. until 11:00 p.m.
  July 30, 1996, from 8:00 a.m. until 11:00 p.m.
  July 31, 1996, from 9:00 a.m. until 7:00 p.m.
  August 1, 1996, from 9:00 a.m. until 8:00 p.m.
  August 2, 1996, from 9:00 a.m. until 9:00 p.m.
  August 3, 1996, from 9:00 a.m. until 12:00 a.m.

    Using agency: Georgia State Patrol.
    Contact: SFC W.S. Smith, (770) 919-9929.

  5. Atlanta Beach; Jonesboro, Georgia

    That airspace within a 1 NM radius of lat. 33 deg.31'23" N, long. 84
  deg.18'39" W (ATL 137R/9 NM DME fix).
    Designated altitudes. Surface to but not including 3,500 feet MSL.
    Times of Designation:

  July 23, 1996, from 6:00 a.m. until 9:00 p.m.
  July 24, 1996, from 6:00 a.m. until 9:00 p.m.
  July 25, 1996, from 6:00 a.m. until 9:00 p.m.
  July 26, 1996, from 6:00 a.m. until 9:00 p.m.
  July 27, 1996, from 6:00 a.m. until 9:00 p.m.
  July 28, 1996, from 8:00 a.m. until 9:00 p.m.

    Using agency: Georgia State Patrol.
    Contact: SFC W.S. Smith, (770) 919-9929.

  6. International Horsepark; Covington, Georgia

    That airspace within a 3 NM radius of lat. 33 deg.40'28" N, long. 83
  deg.56'58" W (ATL 084R/24 NM. DME fix) excluding that airspace along and
  south of Interstate 20.
    Designated altitudes. Surface to and including 2,500 feet AGL.
    Times of Designation:

  July 21, 1996, from 9:00 a.m. until 6:00 p.m.
  July 22, 1996, from 9:00 a.m. until 6:00 p.m.
  July 23, 1996, from 9:00 a.m. until 5:00 p.m.
  July 24, 1996, from 8:30 a.m. until 11:00 p.m.
  July 25, 1996, from 9:00 a.m. until 4:00 p.m.
  July 26, 1996, from 9:00 a.m. until 1:00 p.m.
  July 27, 1996, from 8:00 a.m. until 6:00 p.m.
  July 28, 1996, from 9:00 a.m. until 6:00 p.m.
  July 29, 1996, from 9:00 a.m. until 6:00 p.m.
  July 30, 1996, from 8:00 a.m. until 9:30 p.m.
  July 31, 1996, from 9:00 a.m. until 5:00 p.m.
  August 1, 1996, from 8:00 a.m. until 7:30 p.m.
  August 4, 1996, from 9:00 a.m. until 4:00 p.m.

    Using agency: Georgia State Patrol.
    Contact: SFC W.S. Smith, (770) 919-9929.

  7. Lake Sidney Lanier; Gainesville, Georgia

    That airspace within a 2 NM radius of lat. 34 deg.21'00" N, long. 83
  deg.47'11" W (PDK 042R/38 NM DME fix).
    Designated altitudes. Surface to and including 2,500 feet AGL.
    Times of Designation:

  July 21, 1996, from 8:00 a.m. until 2:00 p.m.
  July 22, 1996, from 8:00 a.m. until 1:30 p.m.
  July 23, 1996, from 8:00 a.m. until 1:00 p.m.
  July 24, 1996, from 8:00 a.m. until 11:30 a.m.
  July 25, 1996, from 8:00 a.m. until 12:30 p.m.
  July 26, 1996, from 8:00 a.m. until 12:30 p.m.
  July 27, 1996, from 7:30 a.m. until 1:30 p.m.
  July 28, 1996, from 7:30 a.m. until 1:30 p.m.

    Using agency: Georgia State Patrol.
    Contact: SFC W.S. Smith, (770) 919-9929.

  8. Sanford Stadium; Athens, Georgia

    That airspace with a 1 NM radius of lat. 33 deg.56'59" N, long. 83
  deg.22'24" W (AHN 258R/2 NM DME fix).
    Designated altitudes: Surface to and including 2,500 feet AGL.
    Times of Designation:

  July 31, 1996, from 2:00 p.m. until 7:00 p.m.
  August 1, 1996, from 9:00 a.m. until 7:00 p.m.
  August 2, 1996, from 9:00 a.m. until 6:00 p.m.
  August 3, 1996 from 12:00 p.m. until 6:00 p.m.

    Using agency: Georgia State Patrol
    Contact: SFC W.S. Smith (770) 919-9929.

  9. Golden Park; Columbus, Georgia

    That airspace within a 1 NM radius of lat. 32 deg.27'09" N, long. 84
  deg.59'30" W (CSG 172R/10 NM DME fix).
    Designated altitudes: Surface to and including 2,500 feet AGL.
    Times of Designation:

  July 21, 1996, through July 27, 1996, 8:00 a.m. until 11:30 p.m.;
  July 29, 1996, from 5:30 p.m. until 11:30 p.m.
  July 30, 1996, from 3:30 p.m. until 11:00 p.m.

    Using agency: Georgia State Patrol
    Contact: SFC W.S. Smith (770) 919-9929.

  10. Olympic Village; Columbus, Georgia.

    That airspace within a 1 NM radius of lat. 32 deg.21'44" N, long. 84
  deg.58'15" W (CSG 171R/16 NM DME fix).
    Designated altitudes. Surface to and including 2,000 feet AGL.
    Times of Designation: July 5, 1996, through August 8, 1996, when Ft.
  Benning Class D airspace is not effective.

    Using agency: Georgia State Patrol
    Contact: SFC W.S. Smith (770) 919-9929.

  11. Lee College; Cleveland, Tennessee

    That airspace within a 0.5 NM radius of lat. 35 deg.09'58" N, long. 84
  deg.52'13" W (CHA 049R/18 NM DME fix).
    Designated altitudes: Surface to and including 2,500 feet AGL.
    Times of Designation: July 6, 1996, from 6:00 a.m. until July 30, 1996, at
  12:00 a.m.
    Using agency: Ocoee River Venue Law Enforcement Committee (ORVLEC)

    Contact: William J. Ferris III (423) 265-3601.

  12. U.S. Highway 64; Tennessee

    0.5 NM on either side of U.S. Highway 64 from Cleveland, Lee College, TN.,
  latitude 35 deg.09'58" N, longitude 84 deg.52'13" W, thence following U.S.
  Highway 64 to latitude 35 deg.04'02" N, longitude 84 deg.28'37" W.
    Designated altitudes. Surface to and including 2,500 feet AGL.
    Times of Designation: July 26, 1996, through July 28, 1996, from dawn until
  dusk.

    Using agency: ORVLEC
    Contact: William J. Ferris III (423) 265-3601.

  13. Ocoee River; Tennessee

    That airspace within a 2 NM radius of lat. 35 deg.04'02" N, long. 84
  deg.27'37" W (CHA 080R/34 NM DME fix).
    Designated altitudes. Surface to and including 2,500 feet AGL.
    Times of Designation: July 26, 1996, through July 28, 1996, from dawn until
  dusk.

    Using agency: ORVLEC
    Contact: William J. Ferris III (423) 265-3601.

  14. Legion Field; Birmingham, Alabama

    That airspace within a 1 NM radius of lat. 33 deg.30'42" N, long. 86
  deg.50'34" W (VUZ 160R/10 NM DME fix).
    Designated altitudes: Surface to 2,000 feet AGL.
    Times of designation:

  July 20, 1996, from 3:30 p.m. until 11:00 p.m.,
  July 21, 1996, from 10:30 a.m. until 8:30 p.m.,
  July 22, 1996, from 3:30 p.m. until 11:00 p.m.,
  July 23, 1996, from 1:30 p.m. until 11:30 p.m.,
  July 24, 1996, from 3:30 p.m. until 11:00 p.m.,
  July 25, 1996, from 2:30 p.m. until 12:30 a.m. July 26, 1996,
  July 27, 1996, from 3:30 p.m. until 11:00 p.m.,
  July 28, 1996, from 12:00 p.m. until 7:30 p.m.

    Using agency: Federal Bureau of Investigation
    Contact: Jim Brant (205) 252-7705.

  15. The Olympic Village; Savannah, Georgia

    That airspace within a 1 NM radius of lat. 32 deg.04'45" N, long. 81
  deg.04'50" W (SAV 158R/6 NM DME fix).
    Designated altitudes. Surface to and including 2,000 feet AGL.
    Times of Designation: July 6, 1996, until August 7, 1996, 24 hours a day.

    Using agency: Georgia State Patrol
    Contact: SFC W.S. Smith (770) 919-9929.

  16. Sail Harbor and Wilmington River Transit Zone; Savannah, Georgia

    That airspace within a 1 NM radius of lat. 32 deg.00'20" N, long. 81
  deg.00'00" W (SAV 147R/11 NM DME fix). Airspace within a 1 NM radius of the
  Sheraton Hotel, and airspace over the Wilmington River from this point south
  to Wassaw Sound.
    Designated altitudes. Surface to and including 2,000 feet AGL.
    Times of Designation: July 12, 1996, until August 4, 1996, during daylight
  hours.

    Using agency: Georgia State Patrol
    Contact: SFC W.S. Smith (770) 919-9929.

  17. Sailing Venue; Savannah, Georgia

    That airspace within a 4 NM radius of lat. 31 deg.55'00" N, long. 80
  deg.53'00" W (SAV 141R/19 NM DME fix).
    Designated altitudes. Surface to and including 2,000 feet AGL.
    Times of Designation: July 22, 1996, until August 1, 1996, during daylight
  hours.

    Using agency. Georgia State Patrol
    Contact: SFC W.S. Smith (770) 919-9929.

  18. The Citrus Bowl; Orlando, Florida

    That airspace within a 1 NM radius of lat. 28 deg.32'20" N, long. 81
  deg.24'10" W (ORL 260R/4 NM DME fix).
    Designated altitudes: Surface to but not including 1,600 feet MSL.
    Times of Designation:

  July 20, 1996, from 2:00 p.m. until 8:00 p.m.,
  July 21, 1996, from 2:00 p.m. until 10:30 p.m.,
  July 22, 1996, from 5:00 p.m. until 11:00 p.m.,
  July 23, 1996, from 5:00 p.m. until 1:30 p.m.,
  July 24, 1996, from 5:00 p.m. until 11:00 p.m.,
  July 25, 1996, from 5:00 p.m. until 1:30 a.m.

    Using agency: Orange County Sheriff Office.
    Contact: Cmdr. Richard Silverman (407) 836-3820.

  19. Olympic Village; Davie, Florida.

    That airspace within a 1 NM radius of lat. 26 deg.04'29" N, long. 80
  deg.14'31" W (FLL 270R/05 NM DME fix).
    Designated altitudes. Surface to and including 2,000 feet MSL.
    Times of Designation: July 6, 1996, until July 31, 1996, 24 hours a day.

    Using Agency. Davie Police Department
    Contact: Lt. Steve Seefchak (305) 797-1224.

  20. The Orange Bowl; Miami, Florida

    That airspace within a 1 NM radius of lat. 25 deg.46'40" N, long. 80
  deg.13'12" W (DHP 100R/7 NM DME fix).
    Designated altitudes. Surface to and including 2,500 feet MSL.
    Times of Designation:

  July 20, 1996, from 12:00 p.m. until 11:00 p.m.,
  July 21, 1996, from 1:00 p.m. until 11:00 p.m.,
  July 22, 1996, from 4:00 p.m. until 12:00 a.m.,
  July 23, 1996, from 3:00 p.m. until 1:00 a.m.,
  July 24, 1996, from 4:00 p.m. until 12:00 a.m.,
  July 25, 1996, from 3:00 p.m. until 2:00 a.m.,
  July 27, 1996, from 3:00 p.m. until 11:00 p.m.,
  July 28, 1996, from 3:00 p.m. until 11:00 p.m.

    Using agency. Miami Police Department.
    Contact: Capt. Paul Shepard (305) 579-6181.

  21. RFK Stadium; Washington, DC

    That airspace within a 1 NM radius of lat. 38 deg.53'23" N, long. 76
  deg.58'19" W (DCA 067R/3.5 NM DME fix).
    Designated altitudes. Surface to and including 2,500 feel AGL.
    Times of Designation:

  July 20, 1996, from 11:30 p.m. until 5:30 p.m.,
  July 21, 1996, from 11:30 p.m. until 8:00 p.m.,
  July 22, 1996, from 5:00 p.m. until 11:00 p.m.,
  July 23, 1996, from 5:00 p.m. until 1:30 a.m.,
  July 24, 1996, from 5:00 p.m. until 11:00 p.m.,
  July 25, 1996, from 5:00 p.m. until 1:30 a.m.

    Using agency: Special Operations Division of the Washington, DC,
      Metropolitan Police.
    Contact: Don Pope (202) 727-4582 or Aviation Division (301) 248-7585.

  D. Expiration Date

    This SFAR expires on August 12, 1996.

  [61 FR 5496, Feb. 12, 1996]

 





                               Subpart A--General






  Sec. 91.1  Applicability.

    (a) Except as provided in paragraph (b) of this section and Sec. 91.703,
  this part prescribes rules governing the operation of aircraft (other than
  moored balloons, kites, unmanned rockets, and unmanned free balloons, which
  are governed by part 101 of this chapter, and ultralight vehicles operated in
  accordance with part 103 of this chapter) within the United States, including
  the waters within 3 nautical miles of the U.S. coast.
    (b) Each person operating an aircraft in the airspace overlying the waters
  between 3 and 12 nautical miles from the coast of the United States shall
  comply with Secs. 91.1 through 91.21; Secs. 91.101 through 91.143; Secs.
  91.151 through 91.159; Secs. 91.167 through 91.193; Sec. 91.203; Sec. 91.205;
  Secs. 91.209 through 91.217; Sec. 91.221; Secs. 91.303 through 91.319; Sec.
  91.323; Sec. 91.605; Sec. 91.609; Secs. 91.703 through 91.715; and 91.903.



  Sec. 91.3  Responsibility and authority of the pilot in command.

    (a) The pilot in command of an aircraft is directly responsible for, and is
  the final authority as to, the operation of that aircraft.
    (b) In an in-flight emergency requiring immediate action, the pilot in
  command may deviate from any rule of this part to the extent required to meet
  that emergency.
    (c) Each pilot in command who deviates from a rule under paragraph (b) of
  this section shall, upon the request of the Administrator, send a written
  report of that deviation to the Administrator.

  (Approved by the Office of Management and Budget under OMB control number
  2120-0005)

  Sec. 91.5  Pilot in command of aircraft requiring more than one required
    pilot.

    No person may operate an aircraft that is type certificated for more than
  one required pilot flight crewmember unless the pilot in command meets the
  requirements of Sec. 61.58 of this chapter.




  Sec. 91.7  Civil aircraft airworthiness.

    (a) No person may operate a civil aircraft unless it is in an airworthy
  condition.
    (b) The pilot in command of a civil aircraft is responsible for determining
  whether that aircraft is in condition for safe flight. The pilot in command
  shall discontinue the flight when unairworthy mechanical, electrical, or
  structural conditions occur.

 




  Sec. 91.9  Civil aircraft flight manual, marking, and placard requirements.

    (a) Except as provided in paragraph (d) of this section, no person may
  operate a civil aircraft without complying with the operating limitations
  specified in the approved Airplane or Rotorcraft Flight Manual, markings, and
  placards, or as otherwise prescribed by the certificating authority of the
  country of registry.
    (b) No person may operate a U.S.-registered civil aircraft--
    (1) For which an Airplane or Rotorcraft Flight Manual is required by Sec.
  21.5 of this chapter unless there is available in the aircraft a current,
  approved Airplane or Rotorcraft Flight Manual or the manual provided for in
  Sec. 121.141(b); and
    (2) For which an Airplane or Rotorcraft Flight Manual is not required by
  Sec. 21.5 of this chapter, unless there is available in the aircraft a
  current approved Airplane or Rotorcraft Flight Manual, approved manual
  material, markings, and placards, or any combination thereof.
    (c) No person may operate a U.S.-registered civil aircraft unless that
  aircraft is identified in accordance with part 45 of this chapter.
    (d) Any person taking off or landing a helicopter certificated under part
  29 of this chapter at a heliport constructed over water may make such
  momentary flight as is necessary for takeoff or landing through the
  prohibited range of the limiting height-speed envelope established for the
  helicopter if that flight through the prohibited range takes place over water
  on which a safe ditching can be accomplished and if the helicopter is
  amphibious or is equipped with floats or other emergency flotation gear
  adequate to accomplish a safe emergency ditching on open water.

 



  Sec. 91.11  Prohibition against interference with crewmembers.

    No person may assault, threaten, intimidate, or interfere with a crewmember
  in the performance of the crewmember's duties aboard an aircraft being
  operated.



  Sec. 91.13  Careless or reckless operation.

    (a) Aircraft operations for the purpose of air navigation. No person may
  operate an aircraft in a careless or reckless manner so as to endanger the
  life or property of another.
    (b) Aircraft operations other than for the purpose of air navigation. No
  person may operate an aircraft, other than for the purpose of air navigation,
  on any part of the surface of an airport used by aircraft for air commerce
  (including areas used by those aircraft for receiving or discharging persons
  or cargo), in a careless or reckless manner so as to endanger the life or
  property of another.





  Sec. 91.15  Dropping objects.

    No pilot in command of a civil aircraft may allow any object to be dropped
  from that aircraft in flight that creates a hazard to persons or property.
  However, this section does not prohibit the dropping of any object if
  reasonable precautions are taken to avoid injury or damage to persons or
  property.




  Sec. 91.17  Alcohol or drugs.

    (a) No person may act or attempt to act as a crewmember of a civil
  aircraft--
    (1) Within 8 hours after the consumption of any alcoholic beverage;
    (2) While under the influence of alcohol;
    (3) While using any drug that affects the person's faculties in any way
  contrary to safety; or
    (4) While having .04 percent by weight or more alcohol in the blood.
    (b) Except in an emergency, no pilot of a civil aircraft may allow a person
  who appears to be intoxicated or who demonstrates by manner or physical
  indications that the individual is under the influence of drugs (except a
  medical patient under proper care) to be carried in that aircraft.
    (c) A crewmember shall do the following:
    (1) On request of a law enforcement officer, submit to a test to indicate
  the percentage by weight of alcohol in the blood, when--
    (i) The law enforcement officer is authorized under State or local law to
  conduct the test or to have the test conducted; and
    (ii) The law enforcement officer is requesting submission to the test to
  investigate a suspected violation of State or local law governing the same or
  substantially similar conduct prohibited by paragraph (a)(1), (a)(2), or
  (a)(4) of this section.
    (2) Whenever the Administrator has a reasonable basis to believe that a
  person may have violated paragraph (a)(1), (a)(2), or (a)(4) of this section,
  that person shall, upon request by the Administrator, furnish the
  Administrator, or authorize any clinic, hospital, doctor, or other person to
  release to the Administrator, the results of each test taken within 4 hours
  after acting or attempting to act as a crewmember that indicates percentage
  by weight of alcohol in the blood.
    (d) Whenever the Administrator has a reasonable basis to believe that a
  person may have violated paragraph (a)(3) of this section, that person shall,
  upon request by the Administrator, furnish the Administrator, or authorize
  any clinic, hospital, doctor, or other person to release to the
  Administrator, the results of each test taken within 4 hours after acting or
  attempting to act as a crewmember that indicates the presence of any drugs in
  the body.
    (e) Any test information obtained by the Administrator under paragraph (c)
  or (d) of this section may be evaluated in determining a person's
  qualifications for any airman certificate or possible violations of this
  chapter and may be used as evidence in any legal proceeding under section
  602, 609, or 901 of the Federal Aviation Act of 1958.





  Sec. 91.19  Carriage of narcotic drugs, marihuana, and depressant or
    stimulant drugs or substances.

    (a) Except as provided in paragraph (b) of this section, no person may
  operate a civil aircraft within the United States with knowledge that
  narcotic drugs, marihuana, and depressant or stimulant drugs or substances as
  defined in Federal or State statutes are carried in the aircraft.
    (b) Paragraph (a) of this section does not apply to any carriage of
  narcotic drugs, marihuana, and depressant or stimulant drugs or substances
  authorized by or under any Federal or State statute or by any Federal or
  State agency.




  Sec. 91.21  Portable electronic devices.

    (a) Except as provided in paragraph (b) of this section, no person may
  operate, nor may any operator or pilot in command of an aircraft allow the
  operation of, any portable electronic device on any of the following U.S.-
  registered civil aircraft:
    (1) Aircraft operated by a holder of an air carrier operating certificate
  or an operating certificate; or
    (2) Any other aircraft while it is operated under IFR.
    (b) Paragraph (a) of this section does not apply to--
    (1) Portable voice recorders;
    (2) Hearing aids;
    (3) Heart pacemakers;
    (4) Electric shavers; or
    (5) Any other portable electronic device that the operator of the aircraft
  has determined will not cause interference with the navigation or
  communication system of the aircraft on which it is to be used.
    (c) In the case of an aircraft operated by a holder of an air carrier
  operating certificate or an operating certificate, the determination required
  by paragraph (b)(5) of this section shall be made by that operator of the
  aircraft on which the particular device is to be used. In the case of other
  aircraft, the determination may be made by the pilot in command or other
  operator of the aircraft.




  Sec. 91.23  Truth-in-leasing clause requirement in leases and conditional
    sales contracts.

    (a) Except as provided in paragraph (b) of this section, the parties to a
  lease or contract of conditional sale involving a U.S.-registered large civil
  aircraft and entered into after January 2, 1973, shall execute a written
  lease or contract and include therein a written truth-in-leasing clause as a
  concluding paragraph in large print, immediately preceding the space for the
  signature of the parties, which contains the following with respect to each
  such aircraft:
    (1) Identification of the Federal Aviation Regulations under which the
  aircraft has been maintained and inspected during the 12 months preceding the
  execution of the lease or contract of conditional sale, and certification by
  the parties thereto regarding the aircraft's status of compliance with
  applicable maintenance and inspection requirements in this part for the
  operation to be conducted under the lease or contract of conditional sale.
    (2) The name and address (printed or typed) and the signature of the person
  responsible for operational control of the aircraft under the lease or
  contract of conditional sale, and certification that each person understands
  that person's responsibilities for compliance with applicable Federal
  Aviation Regulations.
    (3) A statement that an explanation of factors bearing on operational
  control and pertinent Federal Aviation Regulations can be obtained from the
  nearest FAA Flight Standards district office.
    (b) The requirements of paragraph (a) of this section do not apply--
    (1) To a lease or contract of conditional sale when--
    (i) The party to whom the aircraft is furnished is a foreign air carrier or
  certificate holder under part 121, 125, 127, 135, or 141 of this chapter, or
    (ii) The party furnishing the aircraft is a foreign air carrier,
  certificate holder under part 121, 125, 127, or 141 of this chapter, or a
  certificate holder under part 135 of this chapter having appropriate
  authority to engage in air taxi operations with large aircraft.
    (2) To a contract of conditional sale, when the aircraft involved has not
  been registered anywhere prior to the execution of the contract, except as a
  new aircraft under a dealer's aircraft registration certificate issued in
  accordance with Sec. 47.61 of this chapter.
    (c) No person may operate a large civil aircraft of U.S. registry that is
  subject to a lease or contract of conditional sale to which paragraph (a) of
  this section applies, unless--
    (1) The lessee or conditional buyer, or the registered owner if the lessee
  is not a citizen of the United States, has mailed a copy of the lease or
  contract that complies with the requirements of paragraph (a) of this
  section, within 24 hours of its execution, to the Aircraft Registration
  Branch, Attn: Technical Section, P.O. Box 25724, Oklahoma City, Oklahoma
  73125;
    (2) A copy of the lease or contract that complies with the requirements of
  paragraph (a) of this section is carried in the aircraft. The copy of the
  lease or contract shall be made available for review upon request by the
  Administrator, and
    (3) The lessee or conditional buyer, or the registered owner if the lessee
  is not a citizen of the United States, has notified by telephone or in person
  the FAA Flight Standards district office nearest the airport where the flight
  will originate. Unless otherwise authorized by that office, the notification
  shall be given at least 48 hours before takeoff in the case of the first
  flight of that aircraft under that lease or contract and inform the FAA of--
    (i) The location of the airport of departure;
    (ii) The departure time; and
    (iii) The registration number of the aircraft involved.
    (d) The copy of the lease or contract furnished to the FAA under paragraph
  (c) of this section is commercial or financial information obtained from a
  person. It is, therefore, privileged and confidential and will not be made
  available by the FAA for public inspection or copying under 5 U.S.C.
  552(b)(4) unless recorded with the FAA under part 49 of this chapter.
    (e) For the purpose of this section, a lease means any agreement by a
  person to furnish an aircraft to another person for compensation or hire,
  whether with or without flight crewmembers, other than an agreement for the
  sale of an aircraft and a contract of conditional sale under section 101 of
  the Federal Aviation Act of 1958. The person furnishing the aircraft is
  referred to as the lessor, and the person to whom it is furnished the lessee.

  (Approved by the Office of Management and Budget under OMB control number
  2120-0005)

  [Amdt. 91-211, 54 FR 34292, Aug. 18, 1989, as amended by Amdt. 91-212, 54 FR
  39293, Sept. 25, 1989]

 



  Sec. 91.25  Aviation Safety Reporting Program: Prohibition against use of
    reports for enforcement purposes.

    The Administrator of the FAA will not use reports submitted to the National
  Aeronautics and Space Administration under the Aviation Safety Reporting
  Program (or information derived therefrom) in any enforcement action except
  information concerning accidents or criminal offenses which are wholly
  excluded from the Program.

 




  Secs. 91.27--91.99  [Reserved]






                             Subpart B--Flight Rules






                                     General






  Sec. 91.101  Applicability.

    This subpart prescribes flight rules governing the operation of aircraft
  within the United States and within 12 nautical miles from the coast of the
  United States.

 



  Sec. 91.103  Preflight action.

    Each pilot in command shall, before beginning a flight, become familiar
  with all available information concerning that flight. This information must
  include--
    (a) For a flight under IFR or a flight not in the vicinity of an airport,
  weather reports and forecasts, fuel requirements, alternatives available if
  the planned flight cannot be completed, and any known traffic delays of which
  the pilot in command has been advised by ATC;
    (b) For any flight, runway lengths at airports of intended use, and the
  following takeoff and landing distance information:
    (1) For civil aircraft for which an approved Airplane or Rotorcraft Flight
  Manual containing takeoff and landing distance data is required, the takeoff
  and landing distance data contained therein; and
    (2) For civil aircraft other than those specified in paragraph (b)(1) of
  this section, other reliable information appropriate to the aircraft,
  relating to aircraft performance under expected values of airport elevation
  and runway slope, aircraft gross weight, and wind and temperature.




  Sec. 91.105  Flight crewmembers at stations.

    (a) During takeoff and landing, and while en route, each required flight
  crewmember shall--
    (1) Be at the crewmember station unless the absence is necessary to perform
  duties in connection with the operation of the aircraft or in connection with
  physiological needs; and
    (2) Keep the safety belt fastened while at the crewmember station.
    (b) Each required flight crewmember of a U.S.-registered civil aircraft
  shall, during takeoff and landing, keep his or her shoulder harness fastened
  while at his or her assigned duty station. This paragraph does not apply if--
    (1) The seat at the crewmember's station is not equipped with a shoulder
  harness; or
    (2) The crewmember would be unable to perform required duties with the
  shoulder harness fastened.

  [Amdt. 91-211, 54 FR 34291, Aug. 18, 1989, as amended by Amdt. 91-231, 57
  FR 42671, Sept. 15, 1992]



   Sec. 91.107  Use of safety belts, shoulder harnesses, and child restraint
    systems.

    (a) Unless otherwise authorized by the Administrator--
    (1) No pilot may take off a U.S.-registered civil aircraft (except a free
  balloon that incorporates a basket or gondola, or an airship type
  certificated before November 2, 1987) unless the pilot in command of that
  aircraft ensures that each person on board is briefed on how to fasten and
  unfasten that person's safety belt and, if installed, shoulder harness.
    (2) No pilot may cause to be moved on the surface, take off, or land a
  U.S.-registered civil aircraft (except a free balloon that incorporates a
  basket or gondola, or an airship type certificated before November 2, 1987)
  unless the pilot in command of that aircraft ensures that each person on
  board has been notified to fasten his or her safety belt and, if installed,
  his or her shoulder harness.
    (3) Except as provided in this paragraph, each person on board a U.S.-
  registered civil aircraft (except a free balloon that incorporates a basket
  or gondola or an airship type certificated before November 2, 1987) must
  occupy an approved seat or berth with a safety belt and, if installed,
  shoulder harness, properly secured about him or her during movement on the
  surface, takeoff, and landing. For seaplane and float equipped rotorcraft
  operations during movement on the surface, the person pushing off the
  seaplane or rotorcraft from the dock and the person mooring the seaplane or
  rotorcraft at the dock are excepted from the preceding seating and safety
  belt requirements. Notwithstanding the preceding requirements of this
  paragraph, a person may:
    (i) Be held by an adult who is occupying an approved seat or berth,
  provided that the person being held has not reached his or her second
  birthday and does not occupy or use any restraining device;
    (ii) Use the floor of the aircraft as a seat, provided that the person is
  on board for the purpose of engaging in sport parachuting; or
    (iii) Notwithstanding any other requirement of this chapter, occupy an
  approved child restraint system furnished by the operator or one of the
  persons described in paragraph (a)(3)(iii)(A) of this section provided that:
    (A) The child is accompanied by a parent, guardian, or attendant designated
  by the child's parent or guardian to attend to the safety of the child during
  the flight;
    (B) Except as provided in paragraph (a)(3)(iii)(B)(4) of this action, the
  approved child restraint system bears one or more labels as follows:
    (1) Seats manufactured to U.S. standards between January 1, 1981, and
  February 25, 1985, must bear the label: "This child restraint system conforms
  to all applicable Federal motor vehicle safety standards.";
    (2) Seats manufactured to U.S. standards on or after February 26, 1985,
  must bear two labels:
    (i) "This child restraint system conforms to all applicable Federal motor
  vehicle safety standards"; and
    (ii) "THIS RESTRAINT IS CERTIFIED FOR USE IN MOTOR VEHICLES AND AIRCRAFT"
  in red lettering;
    (3) Seats that do not qualify under paragraphs (a)(3)(iii)(B)(1) and
  (a)(3)(iii)(B)(2) of this section must bear either a label showing approval
  of a foreign government or a label showing that the seat was manufactured
  under the standards of the United Nations;
    (4) Notwithstanding any other provision of this section, booster-type child
  restraint systems (as defined in Federal Motor Vehicle Safety Standard No.
  213 (49 CFR 571.213)), vest- and harness-type child restraint systems, and
  lap held child restraints are not approved for use in aircraft; and
    (C) The operator complies with the following requirements:
    (1) The restraint system must be properly secured to an approved forward-
  facing seat or berth;
    (2) The child must be properly secured in the restraint system and must not
  exceed the specified weight limit for the restraint system; and
    (3) The restraint system must bear the appropriate label(s).
    (b) Unless otherwise stated, this section does not apply to operations
  conducted under part 121, 125, or 135 of this chapter. Paragraph (a)(3) of
  this section does not apply to persons subject to Sec. 91.105.

  [Amdt. 91-231, 57 FR 42671, Sept. 15, 1992, as amended by Amdt. 91-250, 61
  FR 28421, June 4, 1996]



  Sec. 91.109  Flight instruction; Simulated instrument flight and certain
    flight tests.

    (a) No person may operate a civil aircraft (except a manned free balloon)
  that is being used for flight instruction unless that aircraft has fully
  functioning dual controls. However, instrument flight instruction may be
  given in a single-engine airplane equipped with a single, functioning
  throwover control wheel in place of fixed, dual controls of the elevator and
  ailerons when--
    (1) The instructor has determined that the flight can be conducted safely;
  and
    (2) The person manipulating the controls has at least a private pilot
  certificate with appropriate category and class ratings.
    (b) No person may operate a civil aircraft in simulated instrument flight
  unless--
    (1) The other control seat is occupied by a safety pilot who possesses at
  least a private pilot certificate with category and class ratings appropriate
  to the aircraft being flown.
    (2) The safety pilot has adequate vision forward and to each side of the
  aircraft, or a competent observer in the aircraft adequately supplements the
  vision of the safety pilot; and
    (3) Except in the case of lighter-than-air aircraft, that aircraft is
  equipped with fully functioning dual controls. However, simulated instrument
  flight may be conducted in a single-engine airplane, equipped with a single,
  functioning, throwover control wheel, in place of fixed, dual controls of the
  elevator and ailerons, when--
    (i) The safety pilot has determined that the flight can be conducted
  safely; and
    (ii) The person manipulating the controls has at least a private pilot
  certificate with appropriate category and class ratings.
    (c) No person may operate a civil aircraft that is being used for a flight
  test for an airline transport pilot certificate or a class or type rating on
  that certificate, or for a part 121 proficiency flight test, unless the pilot
  seated at the controls, other than the pilot being checked, is fully
  qualified to act as pilot in command of the aircraft.




  Sec. 91.111  Operating near other aircraft.

    (a) No person may operate an aircraft so close to another aircraft as to
  create a collision hazard.
    (b) No person may operate an aircraft in formation flight except by
  arrangement with the pilot in command of each aircraft in the formation.
    (c) No person may operate an aircraft, carrying passengers for hire, in
  formation flight.




  Sec. 91.113  Right-of-way rules: Except water operations.

    (a) Inapplicability. This section does not apply to the operation of an
  aircraft on water.
    (b) General. When weather conditions permit, regardless of whether an
  operation is conducted under instrument flight rules or visual flight rules,
  vigilance shall be maintained by each person operating an aircraft so as to
  see and avoid other aircraft. When a rule of this section gives another
  aircraft the right-of-way, the pilot shall give way to that aircraft and may
  not pass over, under, or ahead of it unless well clear.
    (c) In distress. An aircraft in distress has the right-of-way over all
  other air traffic.
    (d) Converging. When aircraft of the same category are converging at
  approximately the same altitude (except head-on, or nearly so), the aircraft
  to the other's right has the right-of-way. If the aircraft are of different
  categories--
    (1) A balloon has the right-of-way over any other category of aircraft;
    (2) A glider has the right-of-way over an airship, airplane, or rotorcraft;
  and
    (3) An airship has the right-of-way over an airplane or rotorcraft.
    However, an aircraft towing or refueling other aircraft has the right-of-
  way over all other engine-driven aircraft.
    (e) Approaching head-on. When aircraft are approaching each other head-on,
  or nearly so, each pilot of each aircraft shall alter course to the right.
    (f) Overtaking. Each aircraft that is being overtaken has the right-of-way
  and each pilot of an overtaking aircraft shall alter course to the right to
  pass well clear.
    (g) Landing. Aircraft, while on final approach to land or while landing,
  have the right-of-way over other aircraft in flight or operating on the
  surface, except that they shall not take advantage of this rule to force an
  aircraft off the runway surface which has already landed and is attempting to
  make way for an aircraft on final approach. When two or more aircraft are
  approaching an airport for the purpose of landing, the aircraft at the lower
  altitude has the right-of-way, but it shall not take advantage of this rule
  to cut in front of another which is on final approach to land or to overtake
  that aircraft.




  Sec. 91.115  Right-of-way rules: Water operations.

    (a) General. Each person operating an aircraft on the water shall, insofar
  as possible, keep clear of all vessels and avoid impeding their navigation,
  and shall give way to any vessel or other aircraft that is given the right-
  of-way by any rule of this section.
    (b) Crossing. When aircraft, or an aircraft and a vessel, are on crossing
  courses, the aircraft or vessel to the other's right has the right-of-way.
    (c) Approaching head-on. When aircraft, or an aircraft and a vessel, are
  approaching head-on, or nearly so, each shall alter its course to the right
  to keep well clear.
    (d) Overtaking. Each aircraft or vessel that is being overtaken has the
  right-of-way, and the one overtaking shall alter course to keep well clear.
    (e) Special circumstances. When aircraft, or an aircraft and a vessel,
  approach so as to involve risk of collision, each aircraft or vessel shall
  proceed with careful regard to existing circumstances, including the
  limitations of the respective craft.




  Sec. 91.117  Aircraft speed.

    (a) Unless otherwise authorized by the Administrator, no person may
  operate an aircraft below 10,000 feet MSL at an indicated airspeed of more
  than 250 knots (288 m.p.h.).
    (b) Unless otherwise authorized or required by ATC, no person may operate
  an aircraft at or below 2,500 feet above the surface within 4 nautical miles
  of the primary airport of a Class C or Class D airspace area at an indicated
  airspeed of more than 200 knots (230 mph). This paragraph (b) does not apply
  to any operations within a Class B airspace area. Such operations shall
  comply with paragraph (a) of this section.
    (c) No person may operate an aircraft in the airspace underlying a Class B
  airspace area designated for an airport or in a VFR corridor designated
  through such a Class B airspace area, at an indicated airspeed of more than
  200 knots (230 mph).
    (d) If the minimum safe airspeed for any particular operation is greater
  than the maximum speed prescribed in this section, the aircraft may be
  operated at that minimum speed.

  [Doc. No. 18334, 54 FR 34291, Aug. 18, 1989, as amended by Amdt. No.
  91-219, 55 FR 34708, Aug. 24, 1990; Amdt. 91-227, 56 FR 65657, Dec. 17, 1991;
  58 FR 32839, June 14, 1993; Amdt. 91-233, 58 FR 43554, Aug. 17, 1993]



  Sec. 91.119  Minimum safe altitudes: General.

    Except when necessary for takeoff or landing, no person may operate an
  aircraft below the following altitudes:
    (a) Anywhere. An altitude allowing, if a power unit fails, an emergency
  landing without undue hazard to persons or property on the surface.
    (b) Over congested areas. Over any congested area of a city, town, or
  settlement, or over any open air assembly of persons, an altitude of 1,000
  feet above the highest obstacle within a horizontal radius of 2,000 feet of
  the aircraft.
    (c) Over other than congested areas. An altitude of 500 feet above the
  surface, except over open water or sparsely populated areas. In those cases,
  the aircraft may not be operated closer than 500 feet to any person, vessel,
  vehicle, or structure.
    (d) Helicopters. Helicopters may be operated at less than the minimums
  prescribed in paragraph (b) or (c) of this section if the operation is
  conducted without hazard to persons or property on the surface. In addition,
  each person operating a helicopter shall comply with any routes or altitudes
  specifically prescribed for helicopters by the Administrator.





  Sec. 91.121  Altimeter settings.

    (a) Each person operating an aircraft shall maintain the cruising altitude
  or flight level of that aircraft, as the case may be, by reference to an
  altimeter that is set, when operating--
    (1) Below 18,000 feet MSL, to--
    (i) The current reported altimeter setting of a station along the route and
  within 100 nautical miles of the aircraft;
    (ii) If there is no station within the area prescribed in paragraph
  (a)(1)(i) of this section, the current reported altimeter setting of an
  appropriate available station; or
    (iii) In the case of an aircraft not equipped with a radio, the elevation
  of the departure airport or an appropriate altimeter setting available before
  departure; or
    (2) At or above 18,000 feet MSL, to 29.92'' Hg.
    (b) The lowest usable flight level is determined by the atmospheric
  pressure in the area of operation as shown in the following table:

                                                Lowest
                                                usable
                            Current altimeter   flight
                                 setting        level

                           29.92 (or higher)       180
                           29.91 through 29.42     185
                           29.41 through 28.92     190
                           28.91 through 28.42     195
                           28.41 through 27.92     200
                           27.91 through 27.42     205
                           27.41 through 26.92     210

    (c) To convert minimum altitude prescribed under Secs. 91.119 and 91.177 to
  the minimum flight level, the pilot shall take the flight level equivalent of
  the minimum altitude in feet and add the appropriate number of feet specified
  below, according to the current reported altimeter setting:

                          Current altimeter   Adjustment
                               setting          factor

                         29.92 (or higher)          None
                         29.91 through 29.42         500
                         29.41 through 28.92       1,000
                         28.91 through 28.42       1,500
                         28.41 through 27.92       2,000
                         27.91 through 27.42       2,500
                         27.41 through 26.92       3,000




  Sec. 91.123  Compliance with ATC clearances and instructions.

    (a) When an ATC clearance has been obtained, no pilot in command may
  deviate from that clearance unless an amended clearance is obtained, an
  emergency exists, or the deviation is in response to a traffic alert and
  collision avoidance system resolution advisory. However, except in Class A
  airspace, a pilot may cancel an IFR flight plan if the operation is being
  conducted in VFR weather conditions. When a pilot is uncertain of an ATC
  clearance, that pilot shall immediately request clarification from ATC.
    (b) Except in an emergency, no person may operate an aircraft contrary to
  an ATC instruction in an area in which air traffic control is exercised.
    (c) Each pilot in command who, in an emergency, or in response to a traffic
  alert and collision avoidance system resolution advisory, deviates from an
  ATC clearance or instruction shall notify ATC of that deviation as soon as
  possible.
    (d) Each pilot in command who (though not deviating from a rule of this
  subpart) is given priority by ATC in an emergency, shall submit a detailed
  report of that emergency within 48 hours to the manager of that ATC facility,
  if requested by ATC.
    (e) Unless otherwise authorized by ATC, no person operating an aircraft may
  operate that aircraft according to any clearance or instruction that has been
  issued to the pilot of another aircraft for radar air traffic control
  purposes.

  (Approved by the Office of Management and Budget under OMB control number
  2120-0005)

  [54 FR 34291, Aug. 18, 1989, as amended by Amdt. 91-227, 56 FR 65658, Dec.
  17, 1991; Amdt. 91-244, 60 FR 50679, Sept. 29, 1995]




  Sec. 91.125  ATC light signals.

    ATC light signals have the meaning shown in the following table:

                             Meaning with respect to   Meaning with respect to
   Color and type of signal  aircraft on the surface      aircraft in flight

   Steady green              Cleared for takeoff       Cleared to land.
   Flashing green            Cleared to taxi           Return for landing (to
                                                        be followed by steady
                                                        green at proper time).
   Steady red                Stop                      Give way to other
                                                        aircraft and continue
                                                        circling.
   Flashing red              Taxi clear of runway in   Airport unsafe--do not
                              use                       land.
   Flashing white            Return to starting point  Not applicable.
                              on airport
   Alternating red and       Exercise extreme caution  Exercise extreme
    green                                               caution.

 



  Sec. 91.126  Operating on or in the vicinity of an airport in Class G
      airspace.

    (a) General. Unless otherwise authorized or required, each person operating
  an aircraft on or in the vicinity of an airport in a Class G airspace area
  must comply with the requirements of this section.
    (b) Direction of turns. When approaching to land at an airport without an
  operating control tower in Class G airspace--
    (1) Each pilot of an airplane must make all turns of that airplane to the
  left unless the airport displays approved light signals or visual markings
  indicating that turns should be made to the right, in which case the pilot
  must make all turns to the right; and
    (2) Each pilot of a helicopter must avoid the flow of fixed-wing aircraft.
    (c) Flap settings. Except when necessary for training or certification, the
  pilot in command of a civil turbojet-powered aircraft must use, as a final
  flap setting, the minimum certificated landing flap setting set forth in the
  approved performance information in the Airplane Flight Manual for the
  applicable conditions. However, each pilot in command has the final authority
  and responsibility for the safe operation of the pilot's airplane, and may
  use a different flap setting for that airplane if the pilot determines that
  it is necessary in the interest of safety.
    (d) Communications with control towers. Unless otherwise authorized or
  required by ATC, no person may operate an aircraft to, from, through, or on
  an airport having an operational control tower unless two-way radio
  communications are maintained between that aircraft and the control tower.
  Communications must be established prior to 4 nautical miles from the
  airport, up to and including 2,500 feet AGL. However, if the aircraft radio
  fails in flight, the pilot in command may operate that aircraft and land if
  weather conditions are at or above basic VFR weather minimums, visual contact
  with the tower is maintained, and a clearance to land is received. If the
  aircraft radio fails while in flight under IFR, the pilot must comply with
  Sec. 91.185.

  [Amdt. 91-227, 56 FR 65659, Dec. 17, 1991, as amended by Amdt. 91-239, 59 FR
  11693, Mar. 11, 1994]




  Sec. 91.127  Operating on or in the vicinity of an airport in Class E
      airspace.

   (a) Unless otherwise required by part 93 of this chapter or unless
  otherwise authorized or required by the ATC facility having jurisdiction over
  the Class E airspace area, each person operating an aircraft on or in the
  vicinity of an airport in a Class E airspace area must comply with the
  requirements of Sec. 91.126.
   (b) Departures. Each pilot of an aircraft must comply with any traffic
  patterns established for that airport in part 93 of this chapter.
   (c) Communications with control towers. Unless otherwise authorized or
  required by ATC, no person may operate an aircraft to, from, through, or on
  an airport having an operational control tower unless two-way radio
  communications are maintained between that aircraft and the control tower.
  Communications must be established prior to 4 nautical miles from the
  airport, up to and including 2,500 feet AGL. However, if the aircraft radio
  fails in flight, the pilot in command may operate that aircraft and land if
  weather conditions are at or above basic VFR weather minimums, visual contact
  with the tower is maintained, and a clearance to land is received. If the
  aircraft radio fails while in flight under IFR, the pilot must comply with
  Sec. 91.185.

  [Amdt. 91-227, 56 FR 65659, Dec. 17, 1991, as amended by Amdt. 91-239, 59 FR
  11693, Mar. 11, 1994]



  Sec. 91.129  Operations in Class D airspace.

    (a) General. Unless otherwise authorized or required by the ATC facility
  having jurisdiction over the Class D airspace area, each person operating an
  aircraft in Class D airspace must comply with the applicable provisions of
  this section. In addition, each person must comply with Secs. 91.126 and
  91.127. For the purpose of this section, the primary airport is the airport
  for which the Class D airspace area is designated. A satellite airport is any
  other airport within the Class D airspace area.
    (b) Deviations. An operator may deviate from any provision of this section
  under the provisions of an ATC authorization issued by the ATC facility
  having jurisdiction over the airspace concerned. ATC may authorize a
  deviation on a continuing basis or for an individual flight, as appropriate.
    (c) Communications. Each person operating an aircraft in Class D airspace
  must meet the following two-way radio communications requirements:
    (1) Arrival or through flight. Each person must establish two-way radio
  communications with the ATC facility (including foreign ATC in the case of
  foreign airspace designated in the United States) providing air traffic
  services prior to entering that airspace and thereafter maintain those
  communications while within that airspace.
    (2) Departing flight. Each person--
    (i) From the primary airport or satellite airport with an operating control
  tower must establish and maintain two-way radio communications with the
  control tower, and thereafter as instructed by ATC while operating in the
  Class D airspace area; or
    (ii) From a satellite airport without an operating control tower, must
  establish and maintain two-way radio communications with the ATC facility
  having jurisdiction over the Class D airspace area as soon as practicable
  after departing.
    (d) Communications failure. Each person who operates an aircraft in a Class
  D airspace area must maintain two-way radio communications with the ATC
  facility having jurisdiction over that area.
    (1) If the aircraft radio fails in flight under IFR, the pilot must comply
  with Sec. 91.185 of the part.
    (2) If the aircraft radio fails in flight under VFR, the pilot in command
  may operate that aircraft and land if--
    (i) Weather conditions are at or above basic VFR weather minimums;
    (ii) Visual contact with the tower is maintained; and
    (iii) A clearance to land is received.
    (e) Minimum Altitudes. When operating to an airport in Class D airspace,
  each pilot of--
    (1) A large or turbine-powered airplane shall, unless otherwise required
  by the applicable distance from cloud criteria, enter the traffic pattern at
  an altitude of at least 1,500 feet above the elevation of the airport and
  maintain at least 1,500 feet until further descent is required for a safe
  landing;
    (2) A large or turbine-powered airplane approaching to land on a runway
  served by an instrument landing system (ILS), if the airplane is ILS
  equipped, shall fly that airplane at an altitude at or above the glide slope
  between the outer marker (or point of interception of glide slope, if
  compliance with the applicable distance from clouds criteria requires
  interception closer in) and the middle marker; and
    (3) An airplane approaching to land on a runway served by a visual
  approach slope indicator shall maintain an altitude at or above the glide
  slope until a lower altitude is necessary for safe landing.

  Paragraphs (e)(2) and (e)(3) of this section do not prohibit normal
  bracketing maneuvers above or below the glide slope that are conducted for
  the purpose of remaining on the glide slope.
    (f) Approaches. Except when conducting a circling approach under Part 97 of
  this chapter or unless otherwise required by ATC, each pilot must--
    (1) Circle the airport to the left, if operating an airplane; or
    (2) Avoid the flow of fixed-wing aircraft, if operating a helicopter.
    (g) Departures. No person may operate an aircraft departing from an airport
  except in compliance with the following:
    (1) Each pilot must comply with any departure procedures established for
  that airport by the FAA.
    (2) Unless otherwise required by the prescribed departure procedure for
  that airport or the applicable distance from clouds criteria, each pilot of a
  turbine-powered airplane and each pilot of a large airplane must climb to an
  altitude of 1,500 feet above the surface as rapidly as practicable.
    (h) Noise abatement. Where a formal runway use program has been established
  by the FAA, each pilot of a large or turbine-powered airplane assigned a
  noise abatement runway by ATC must use that runway. However, consistent with
  the final authority of the pilot in command concerning the safe operation of
  the aircraft as prescribed in Sec. 91.3(a), ATC may assign a different runway
  if requested by the pilot in the interest of safety.
    (i) Takeoff, landing, taxi clearance. No person may, at any airport with an
  operating control tower, operate an aircraft on a runway or taxiway, or take
  off or land an aircraft, unless an appropriate clearance is received from
  ATC. A clearance to "taxi to" the takeoff runway assigned to the aircraft is
  not a clearance to cross that assigned takeoff runway, or to taxi on that
  runway at any point, but is a clearance to cross other runways that intersect
  the taxi route to that assigned takeoff runway. A clearance to "taxi to" any
  point other than an assigned takeoff runway is clearance to cross all runways
  that intersect the taxi route to that point.

  [Amdt. 91-227, 56 FR 65658, Dec. 17, 1991, as amended by Amdt. 91-234, 58 FR
  48793, Sept. 20, 1993]




  Sec. 91.130  Operations in Class C airspace.

    (a) General. Unless otherwise authorized by ATC, each aircraft operation in
  Class C airspace must be conducted in compliance with this section and Sec.
  91.129. For the purpose of this section, the primary airport is the airport
  for which the Class C airspace area is designated. A satellite airport is any
  other airport within the Class C airspace area.
    (b) Traffic patterns. No person may take off or land an aircraft at a
  satellite airport within a Class C airspace area except in compliance with
  FAA arrival and departure traffic patterns.
    (c) Communications. Each person operating an aircraft in Class C airspace
  must meet the following two-way radio communications requirements:
    (1) Arrival or through flight. Each person must establish two-way radio
  communications with the ATC facility (including foreign ATC in the case of
  foreign airspace designated in the United States) providing air traffic
  services prior to entering that airspace and thereafter maintain those
  communications while within that airspace.
    (2) Departing flight. Each person--
    (i) From the primary airport or satellite airport with an operating control
  tower must establish and maintain two-way radio communications with the
  control tower, and thereafter as instructed by ATC while operating in the
  Class C airspace area; or
    (ii) From a satellite airport without an operating control tower, must
  establish and maintain two-way radio communications with the ATC facility
  having jurisdiction over the Class C airspace area as soon as practicable
  after departing.
    (d) Equipment requirements. Unless otherwise authorized by the ATC having
  jurisdiction over the Class C airspace area, no person may operate an
  aircraft within a Class C airspace area designated for an airport unless that
  aircraft is equipped with the applicable equipment specified in Sec. 91.215.
    (e) Deviations. An operator may deviate from any provision of this section
  under the provisions of an ATC authorization issued by the ATC facility
  having jurisdiction over the airspace concerned. ATC may authorize a
  deviation on a continuing basis or for an individual flight, as appropriate.

  [Amdt. 91-227, 56 FR 65659, Dec. 17, 1991; Amdt. 91-232, 58 FR 40736, July
  30, 1993; 58 FR 42643, Aug. 11, 1993, as amended by Amdt. 91-239, 59 FR
  11693, Mar. 11, 1994]





  Sec. 91.131  Operations in Class B airspace.

    (a) Operating rules. No person may operate an aircraft within a Class B
  airspace area except in compliance with Sec. 91.129 and the following rules:
    (1) The operator must receive an ATC clearance from the ATC facility having
  jurisdiction for that area before operating an aircraft in that area.
    (2) Unless otherwise authorized by ATC, each person operating a large
  turbine engine-powered airplane to or from a primary airport for which a
  Class B airspace area is designated must operate at or above the designated
  floors of the Class B airspace area while within the lateral limits of that
  area.
    (3) Any person conducting pilot training operations at an airport within a
  Class B airspace area must comply with any procedures established by ATC for
  such operations in that area.
    (b) Pilot requirements.
    (1) No person may take off or land a civil aircraft at an airport within a
  Class B airspace area or operate a civil aircraft within a Class B airspace
  area unless--
    (i) The pilot in command holds at least a private pilot certificate; or
    (ii) The aircraft is operated by a student pilot or recreational pilot who
  seeks private pilot certification and has met the requirements of Sec. 61.95
  of this chapter.
    (2) Notwithstanding the provisions of paragraph (b)(1)(ii) of this section,
  no person may take off or land a civil aircraft at those airports listed in
  section 4 of appendix D of this part unless the pilot in command holds at
  least a private pilot certificate.
    (c) Communications and navigation equipment requirements. Unless otherwise
  authorized by ATC, no person may operate an aircraft within a Class B
  airspace area unless that aircraft is equipped with--
    (1) For IFR operation. An operable VOR or TACAN receiver; and
    (2) For all operations. An operable two-way radio capable of communications
  with ATC on appropriate frequencies for that Class B airspace area.
    (d) Transponder requirements. No person may operate an aircraft in a Class
  B airspace area unless the aircraft is equipped with the applicable operating
  transponder and automatic altitude reporting equipment specified in paragraph
  (a) of Sec. 91.215, except as provided in paragraph (d) of that section.


  Sec. 91.133  Restricted and prohibited areas.

    (a) No person may operate an aircraft within a restricted area (designated
  in part 73) contrary to the restrictions imposed, or within a prohibited
  area, unless that person has the permission of the using or controlling
  agency, as appropriate.
    (b) Each person conducting, within a restricted area, an aircraft operation
  (approved by the using agency) that creates the same hazards as the
  operations for which the restricted area was designated may deviate from the
  rules of this subpart that are not compatible with the operation of the
  aircraft.


  Sec. 91.135  Operations in Class A airspace.

    Except as provided in paragraph (d) of this section, each person operating
  an aircraft in Class A airspace must conduct that operation under instrument
  flight rules (IFR) and in compliance with the following:
    (a) Clearance. Operations may be conducted only under an ATC clearance
  received prior to entering the airspace.
    (b) Communications. Unless otherwise authorized by ATC, each aircraft
  operating in Class A airspace must be equipped with a two-way radio capable
  of communicating with ATC on a frequency assigned by ATC. Each pilot must
  maintain two-way radio communications with ATC while operating in Class A
  airspace.
    (c) Transponder requirement. Unless otherwise authorized by ATC, no person
  may operate an aircraft within Class A airspace unless that aircraft is
  equipped with the applicable equipment specified in Sec. 91.215.
    (d) ATC authorizations. An operator may deviate from any provision of this
  section under the provisions of an ATC authorization issued by the ATC
  facility having jurisdiction of the airspace concerned. In the case of an
  inoperative transponder, ATC may immediately approve an operation within a
  Class A airspace area allowing flight to continue, if desired, to the airport
  of ultimate destination, including any intermediate stops, or to proceed to a
  place where suitable repairs can be made, or both. Requests for deviation
  from any provision of this section must be submitted in writing, at least 4
  days before the proposed operation. ATC may authorize a deviation on a
  continuing basis or for an individual flight.




  Sec. 91.137  Temporary flight restrictions.

    (a) The Administrator will issue a Notice to Airmen (NOTAM) designating an
  area within which temporary flight restrictions apply and specifying the
  hazard or condition requiring their imposition, whenever he determines it is
  necessary in order to--
    (1) Protect persons and property on the surface or in the air from a hazard
  associated with an incident on the surface;
    (2) Provide a safe environment for the operation of disaster relief
  aircraft; or
    (3) Prevent an unsafe congestion of sightseeing and other aircraft above an
  incident or event which may generate a high degree of public interest.

  The Notice to Airmen will specify the hazard or condition that requires the
  imposition of temporary flight restrictions.
    (b) When a NOTAM has been issued under paragraph (a)(1) of this section, no
  person may operate an aircraft within the designated area unless that
  aircraft is participating in the hazard relief activities and is being
  operated under the direction of the official in charge of on scene emergency
  response activities.
    (c) When a NOTAM has been issued under paragraph (a)(2) of this section, no
  person may operate an aircraft within the designated area unless at least one
  of the following conditions are met:
    (1) The aircraft is participating in hazard relief activities and is being
  operated under the direction of the official in charge of on scene emergency
  response activities.
    (2) The aircraft is carrying law enforcement officials.
    (3) The aircraft is operating under the ATC approved IFR flight plan.
    (4) The operation is conducted directly to or from an airport within the
  area, or is necessitated by the impracticability of VFR flight above or
  around the area due to weather, or terrain; notification is given to the
  Flight Service Station (FSS) or ATC facility specified in the NOTAM to
  receive advisories concerning disaster relief aircraft operations; and the
  operation does not hamper or endanger relief activities and is not conducted
  for the purpose of observing the disaster.
    (5) The aircraft is carrying properly accredited news representatives, and,
  prior to entering the area, a flight plan is filed with the appropriate FAA
  or ATC facility specified in the Notice to Airmen and the operation is
  conducted above the altitude used by the disaster relief aircraft, unless
  otherwise authorized by the official in charge of on scene emergency response
  activities.
    (d) When a NOTAM has been issued under paragraph (a)(3) of this section, no
  person may operate an aircraft within the designated area unless at least one
  of the following conditions is met:
    (1) The operation is conducted directly to or from an airport within the
  area, or is necessitated by the impracticability of VFR flight above or
  around the area due to weather or terrain, and the operation is not conducted
  for the purpose of observing the incident or event.
    (2) The aircraft is operating under an ATC approved IFR flight plan.
    (3) The aircraft is carrying incident or event personnel, or law
  enforcement officials.
    (4) The aircraft is carrying properly accredited news representatives and,
  prior to entering that area, a flight plan is filed with the appropriate FSS
  or ATC facility specified in the NOTAM.
    (e) Flight plans filed and notifications made with an FSS or ATC facility
  under this section shall include the following information:
    (1) Aircraft identification, type and color.
    (2) Radio communications frequencies to be used.
    (3) Proposed times of entry of, and exit from, the designated area.
    (4) Name of news media or organization and purpose of flight.
    (5) Any other information requested by ATC.



  Sec. 91.138  Temporary flight restrictions in national disaster areas in
      the State of Hawaii.

    (a) When the Administrator has determined, pursuant to a request and
  justification provided by the Governor of the State of Hawaii, or the
  Governor's designee, that an inhabited area within a declared national
  disaster area in the State of Hawaii is in need of protection for
  humanitarian reasons, the Administrator will issue a Notice to Airmen (NOTAM)
  designating an area within which temporary flight restrictions apply. The
  Administrator will designate the extent and duration of the temporary flight
  restrictions necessary to provide for the protection of persons and property
  on the surface.
    (b) When a NOTAM has been issued in accordance with this section, no person
  may operate an aircraft within the designated airspace unless:
    (1) That person has obtained authorization from the official in charge of
  associated emergency or disaster relief response activities, and is operating
  the aircraft under the conditions of that authorization;
    (2) The aircraft is carrying law enforcement officials;
    (3) The aircraft is carrying persons involved in an emergency or a
  legitimate scientific purpose;
    (4) The aircraft is carrying properly accredited newspersons, and that
  prior to entering the area, a flight plan is filed with the appropriate FAA
  or ATC facility specified in the NOTAM and the operation is conducted in
  compliance with the conditions and restrictions established by the official
  in charge of on-scene emergency response activities; or,
    (5) The aircraft is operating in accordance with an ATC clearance or
  instruction.
    (c) A NOTAM issued under this section is effective for 90 days or until the
  national disaster area designation is terminated, whichever comes first,
  unless terminated by notice or extended by the Administrator at the request
  of the Governor of the State of Hawaii or the Governor's designee.

  [56 FR 23178, May 20, 1991]





  Sec. 91.139  Emergency air traffic rules.

    (a) This section prescribes a process for utilizing Notices to Airmen
  (NOTAMs) to advise of the issuance and operations under emergency air traffic
  rules and regulations and designates the official who is authorized to issue
  NOTAMs on behalf of the Administrator in certain matters under this section.
    (b) Whenever the Administrator determines that an emergency condition
  exists, or will exist, relating to the FAA's ability to operate the air
  traffic control system and during which normal flight operations under this
  chapter cannot be conducted consistent with the required levels of safety and
  efficiency--
    (1) The Administrator issues an immediately effective air traffic rule or
  regulation in response to that emergency condition; and
    (2) The Administrator or the Associate Administrator for Air Traffic may
  utilize the NOTAM system to provide notification of the issuance of the rule
  or regulation.

    Those NOTAMs communicate information concerning the rules and regulations
  that govern flight operations, the use of navigation facilities, and
  designation of that airspace in which the rules and regulations apply.
    (c) When a NOTAM has been issued under this section, no person may operate
  an aircraft, or other device governed by the regulation concerned, within the
  designated airspace except in accordance with the authorizations, terms, and

  conditions prescribed in the regulation covered by the NOTAM.




  Sec. 91.141  Flight restrictions in the proximity of the Presidential ad
    other parties.

    No person may operate an aircraft over or in the vicinity of any area to be
  visited or traveled by the President, the Vice President, or other public
  figures contrary to the restrictions established by the Administrator and
  published in a Notice to Airmen (NOTAM).




  Sec. 91.143  Flight limitation in the proximity of space flight operations.

    No person may operate any aircraft of U.S. registry, or pilot any aircraft
  under the authority of an airman certificate issued by the Federal Aviation
  Administration within areas designated in a Notice to Airmen (NOTAM) for
  space flight operations except when authorized by ATC, or operated under the
  control of the Department of Defense Manager for Space Transportation System
  Contingency Support Operations.

 



  Sec. 91.144 Temporary Restriction on Flight Operations During Abnormally High
    Barometric Pressure Conditions.

    (a) Special flight restrictions. When any information indicates that
  barometric pressure on the route of flight currently exceeds or will exceed
  31 inches of mercury, no person may operate an aircraft or initiate a flight
  contrary to the requirements established by the Administrator and published
  in a Notice to Airmen issued under this section.
    (b) Waivers. The Administrator is authorized to waive any restriction
  issued under paragraph (a) of this section to permit emergency supply,
  transport, or medical services to be delivered to isolated communities, where
  the operation can be conducted with an acceptable level of safety.

  [Amdt. 91-240, 59 FR 17452, Apr. 12, 1994, and 59 FR 37669, July 25, 1994]




  Secs. 91.145--91.149  [Reserved]






                               Visual Flight Rules



  Sec. 91.151  Fuel requirements for flight in VFR conditions.

    (a) No person may begin a flight in an airplane under VFR conditions unless
  (considering wind and forecast weather conditions) there is enough fuel to
  fly to the first point of intended landing and, assuming normal cruising
  speed--
    (1) During the day, to fly after that for at least 30 minutes; or
    (2) At night, to fly after that for at least 45 minutes.
    (b) No person may begin a flight in a rotorcraft under VFR conditions
  unless (considering wind and forecast weather conditions) there is enough
  fuel to fly to the first point of intended landing and, assuming normal
  cruising speed, to fly after that for at least 20 minutes.



  Sec. 91.153  VFR flight plan: Information required.

    (a) Information required. Unless otherwise authorized by ATC, each person
  filing a VFR flight plan shall include in it the following information:
    (1) The aircraft identification number and, if necessary, its radio call
  sign.
    (2) The type of the aircraft or, in the case of a formation flight, the
  type of each aircraft and the number of aircraft in the formation.
    (3) The full name and address of the pilot in command or, in the case of a
  formation flight, the formation commander.
    (4) The point and proposed time of departure.
    (5) The proposed route, cruising altitude (or flight level), and true
  airspeed at that altitude.
    (6) The point of first intended landing and the estimated elapsed time
  until over that point.
    (7) The amount of fuel on board (in hours).
    (8) The number of persons in the aircraft, except where that information is
  otherwise readily available to the FAA.
    (9) Any other information the pilot in command or ATC believes is necessary
  for ATC purposes.
    (b) Cancellation. When a flight plan has been activated, the pilot in
  command, upon canceling or completing the flight under the flight plan, shall
  notify an FAA Flight Service Station or ATC facility.






  Sec. 91.155   Basic VFR weather minimums.

    (a) Except as provided in paragraph (b) of this section and Sec. 91.157, no
  person may operate an aircraft under VFR when the flight visibility is less,
  or at a distance from clouds that is less, than that prescribed for the
  corresponding altitude and class of airspace in the following table:

                                        Flight
              Airspace                visibility        Distance from clouds

  Class A                           Not Applicable   Not Applicable.
  Class B                           3 statute miles  Clear of Clouds.
  Class C                           3 statute miles  500 feet below.
                                                     1,000 feet above.
                                                     2,000 feet horizontal.
  Class D                           3 statute miles  500 feet below.
                                                     1,000 feet above.
                                                     2,000 feet horizontal.
  Class E:
   Less than 10,000 feet MSL        3 statute miles  500 feet below.
                                                     1,000 feet above.
                                                     2,000 feet horizontal
   At or above 10,000 feet MSL      5 statute miles  1,000 feet below.
                                                     1,000 feet above.
                                                     1 statute mile horizontal.
  Class G:
   1,200 feet or less above the
    surface (regardless of MSL
    altitude)
  Day, except as provided in Sec.
   91.155(b)                        1 statute mile   Clear of clouds.
  Night, except as provided in
   Sec. 91.155(b)                   3 statute miles  500 feet below.
                                                     1,000 feet above.
                                                     2,000 feet horizontal.
  More than 1,200 feet above the
   surface but less than 10,000
   feet MSL
  Day                               1 statute mile   500 feet below.
                                                     1,000 feet above.
                                                     2,000 feet horizontal.
  Night                             3 statute miles  500 feet below.
                                                     1,000 feet above.
                                                     2,000 feet horizontal.
  More than 1,200 feet above the
   surface and at or above 10,000
   feet MSL                         5 statute miles  1,000 feet below.
                                                     1,000 feet above.
                                                     1 statute mile horizontal.

    (b) Class G Airspace. Notwithstanding the provisions of paragraph (a) of
  this section, the following operations may be conducted in Class G airspace
  below 1,200 feet above the surface:
    (1) Helicopter. A helicopter may be operated clear of clouds if operated at
  a speed that allows the pilot adequate opportunity to see any air traffic or
  obstruction in time to avoid a collision.
    (2) Airplane. When the visibility is less than 3 statute miles but not less
  than 1 statute mile during night hours, an airplane may be operated clear of
  clouds if operated in an airport traffic pattern within one-half mile of the
  runway.
    (c) Except as provided in Sec. 91.157, no person may operate an aircraft
  beneath the ceiling under VFR within the lateral boundaries of controlled
  airspace designated to the surface for an airport when the ceiling is less
  than 1,000 feet.
    (d) Except as provided in Sec. 91.157 of this part, no person may take off
  or land an aircraft, or enter the traffic pattern of an airport, under VFR,
  within the lateral boundaries of the surface areas of Class B, Class C, Class
  D, or Class E airspace designated for an airport--
    (1) Unless ground visibility at that airport is at least 3 statute miles;
  or
    (2) If ground visibility is not reported at that airport, unless flight
  visibility during landing or takeoff, or while operating in the traffic
  pattern is at least 3 statute miles.
    (e) For the purpose of this section, an aircraft operating at the base
  altitude of a Class E airspace area is considered to be within the airspace
  directly below that area.

  [Amdt. No. 91-227, 56 FR 65660, Dec. 17, 1991, as amended by Amdt. 91-235,
  58 FR 51968, Oct. 5, 1993; 58 FR 57549, Oct. 26, 1993]





  Sec. 91.157  Special VFR weather minimums.

    (a) Except as provided in appendix D, section 3, of this part, special VFR
  operations may be conducted under the weather minimums and requirements of
  this section, instead of those contained in Sec. 91.155, below 10,000 feet
  MSL within the airspace contained by the upward extension of the lateral
  boundaries of the controlled airspace designated to the surface for an
  airport.
    (b) Special VFR operations may only be conducted--
    (1) With an ATC clearance;
    (2) Clear of clouds;
    (3) Except for helicopters, when flight visibility is at least 1 statute
  mile; and
    (4) Except for helicopters, between sunrise and sunset (or in Alaska, when
  the sun is 6 degrees or more below the horizon) unless--
    (i) The person being granted the ATC clearance meets the applicable
  requirements for instrument flight under part 61 of this chapter; and
    (ii) The aircraft is equipped as required in Sec. 91.205(d).
    (c) No person may take off or land an aircraft (other than a helicopter)
  under special VFR--
    (1) Unless ground visibility is at least 1 statute mile; or
    (2) If ground visibility is not reported, unless flight visibility is at
  least 1 statute mile.

  $Amdt. 91-235, 58 FR 51968, Oct. 5, 1993; 58 FR 57549, Oct. 26, 1993, as
  amended by Amdt. 91-247, 60 FR 66875, Dec. 27, 1995]




  Sec. 91.159  VFR cruising altitude or flight level.

    Except while holding in a holding pattern of 2 minutes or less, or while
  turning, each person operating an aircraft under VFR in level cruising flight
  more than 3,000 feet above the surface shall maintain the appropriate
  altitude or flight level prescribed below, unless otherwise authorized by
  ATC:
    (a) When operating below 18,000 feet MSL and--
    (1) On a magnetic course of zero degrees through 179 degrees, any odd
  thousand foot MSL altitude +500 feet (such as 3,500, 5,500, or 7,500); or
    (2) On a magnetic course of 180 degrees through 359 degrees, any even
  thousand foot MSL altitude +500 feet (such as 4,500, 6,500, or 8,500).
    (b) When operating above 18,000 feet MSL to flight level 290 (inclusive)
  and--
    (1) On a magnetic course of zero degrees through 179 degrees, any odd
  flight level +500 feet (such as 195, 215, or 235); or
    (2) On a magnetic course of 180 degrees through 359 degrees, any even
  flight level +500 feet (such as 185, 205, or 225).
    (c) When operating above flight level 290 and--
    (1) On a magnetic course of zero degrees through 179 degrees, any flight
  level, at 4,000-foot intervals, beginning at and including flight level 300
  (such as flight level 300, 340, or 380); or
    (2) On a magnetic course of 180 degrees through 359 degrees, any flight
  level, at 4,000-foot intervals, beginning at and including flight level 320
  (such as flight level 320, 360, or 400).


  Secs. 91.161--91.165  [Reserved]






                             Instrument Flight Rules





  Sec. 91.167  Fuel requirements for flight in IFR conditions.

    (a) Except as provided in paragraph (b) of this section, no person may
  operate a civil aircraft in IFR conditions unless it carries enough fuel
  (considering weather reports and forecasts and weather conditions) to--
    (1) Complete the flight to the first airport of intended landing;
    (2) Fly from that airport to the alternate airport; and
    (3) Fly after that for 45 minutes at normal cruising speed or, for
  helicopters, fly after that for 30 minutes at normal cruising speed.
    (b) Paragraph (a)(2) of this section does not apply if--
    (1) Part 97 of this chapter prescribes a standard instrument approach
  procedure for the first airport of intended landing; and
    (2) For at least 1 hour before and 1 hour after the estimated time of
  arrival at the airport, the weather reports or forecasts or any combination
  of them indicate--
    (i) The ceiling will be at least 2,000 feet above the airport elevation;
  and
    (ii) Visibility will be at least 3 statute miles.




  Sec. 91.169  IFR flight plan: Information required.

    (a) Information required. Unless otherwise authorized by ATC, each person
  filing an IFR flight plan shall include in it the following information:
    (1) Information required under Sec. 91.153(a).
    (2) An alternate airport, except as provided in paragraph (b) of this
  section.
    (b) Exceptions to applicability of paragraph (a)(2) of this section.
  Paragraph (a)(2) of this section does not apply if part 97 of this chapter
  prescribes a standard instrument approach procedure for the first airport of
  intended landing and, for at least 1 hour before and 1 hour after the
  estimated time of arrival, the weather reports or forecasts, or any
  combination of them, indicate--
    (1) The ceiling will be at least 2,000 feet above the airport elevation;
  and
    (2) The visibility will be at least 3 statute miles.
    (c) IFR alternate airport weather minimums. Unless otherwise authorized by
  the Administrator, no person may include an alternate airport in an IFR
  flight plan unless current weather forecasts indicate that, at the estimated
  time of arrival at the alternate airport, the ceiling and visibility at that
  airport will be at or above the following alternate airport weather minimums:
    (1) If an instrument approach procedure has been published in part 97 of
  this chapter for that airport, the alternate airport minimums specified in
  that procedure or, if none are so specified, the following minimums:
    (i) Precision approach procedure: Ceiling 600 feet and visibility 2 statute
  miles.
    (ii) Nonprecision approach procedure: Ceiling 800 feet and visibility 2
  statute miles.
    (2) If no instrument approach procedure has been published in part 97 of
  this chapter for that airport, the ceiling and visibility minimums are those
  allowing descent from the MEA, approach, and landing under basic VFR.
    (d) Cancellation. When a flight plan has been activated, the pilot in
  command, upon canceling or completing the flight under the flight plan, shall
  notify an FAA Flight Service Station or ATC facility.

 


  Sec. 91.171  VOR equipment check for IFR operations.

    (a) No person may operate a civil aircraft under IFR using the VOR system
  of radio navigation unless the VOR equipment of that aircraft--
    (1) Is maintained, checked, and inspected under an approved procedure; or
    (2) Has been operationally checked within the preceding 30 days, and was
  found to be within the limits of the permissible indicated bearing error set
  forth in paragraph (b) or (c) of this section.
    (b) Except as provided in paragraph (c) of this section, each person
  conducting a VOR check under paragraph (a)(2) of this section shall--
    (1) Use, at the airport of intended departure, an FAA-operated or approved
  test signal or a test signal radiated by a certificated and appropriately
  rated radio repair station or, outside the United States, a test signal
  operated or approved by an appropriate authority to check the VOR equipment
  (the maximum permissible indicated bearing error is plus or minus 4 degrees);
  or
    (2) Use, at the airport of intended departure, a point on the airport
  surface designated as a VOR system checkpoint by the Administrator, or,
  outside the United States, by an appropriate authority (the maximum
  permissible bearing error is plus or minus 4 degrees);
    (3) If neither a test signal nor a designated checkpoint on the surface is
  available, use an airborne checkpoint designated by the Adninistrator or,
  outside the United States, by an appropriate authority (the maximum
  permissible bearing error is plus or minus 6 degrees); or
    (4) If no check signal or point is available, while in flight--
    (i) Select a VOR radial that lies along the centerline of an established
  VOR airway;
    (ii) Select a prominent ground point along the selected radial preferably
  more than 20 nautical miles from the VOR ground facility and maneuver the
  aircraft directly over the point at a reasonably low altitude; and
    (iii) Note the VOR bearing indicated by the receiver when over the ground
  point (the maximum permissible variation between the published radial and the
  indicated bearing is 6 degrees).
    (c) If dual system VOR (units independent of each other except for the
  antenna) is installed in the aircraft, the person checking the equipment may
  check one system against the other in place of the check procedures specified
  in paragraph (b) of this section. Both systems shall be tuned to the same VOR
  ground facility and note the indicated bearings to that station. The maximum
  permissible variation between the two indicated bearings is 4 degrees.
    (d) Each person making the VOR operational check, as specified in paragraph
  (b) or (c) of this section, shall enter the date, place, bearing error, and
  sign the aircraft log or other record. In addition, if a test signal radiated
  by a repair station, as specified in paragraph (b)(1) of this section, is
  used, an entry must be made in the aircraft log or other record by the repair
  station certificate holder or the certificate holder's representative
  certifying to the bearing transmitted by the repair station for the check and
  the date of transmission.

  (Approved by the Office of Management and Budget under OMB control number
  2120-0005)

 



  Sec. 91.173  ATC clearance and flight plan required.

    No person may operate an aircraft in controlled airspace under IFR unless
  that person has--
    (a) Filed an IFR flight plan; and
    (b) Received an appropriate ATC clearance.

 


  Sec. 91.175  Takeoff and landing under IFR.

    (a) Instrument approaches to civil airports.
    Unless otherwise authorized by the Administrator, when an instrument
  letdown to a civil airport is necessary, each person operating an aircraft,
  except a military aircraft of the United States, shall use a standard
  instrument approach procedure prescribed for the airport in part 97 of this
  chapter.
    (b) Authorized DH or MDA. For the purpose of this section, when the
  approach procedure being used provides for and requires the use of a DH or
  MDA, the authorized DH or MDA is the highest of the following:
    (1) The DH or MDA prescribed by the approach procedure.
    (2) The DH or MDA prescribed for the pilot in command.
    (3) The DH or MDA for which the aircraft is equipped.
    (c) Operation below DH or MDA. Where a DH or MDA is applicable, no pilot
  may operate an aircraft, except a military aircraft of the United States, at
  any airport below the authorized MDA or continue an approach below the
  authorized DH unless--
    (1) The aircraft is continuously in a position from which a descent to a
  landing on the intended runway can be made at a normal rate of descent using
  normal maneuvers, and for operations conducted under part 121 or part 135
  unless that descent rate will allow touchdown to occur within the touchdown
  zone of the runway of intended landing;
    (2) The flight visibility is not less than the visibility prescribed in the
  standard instrument approach being used; and
    (3) Except for a Category II or Category III approach where any necessary
  visual reference requirements are specified by the Administrator, at least
  one of the following visual references for the intended runway is distinctly
  visible and identifiable to the pilot:
    (i) The approach light system, except that the pilot may not descend below
  100 feet above the touchdown zone elevation using the approach lights as a
  reference unless the red terminating bars or the red side row bars are also
  distinctly visible and identifiable.
    (ii) The threshold.
    (iii) The threshold markings.
    (iv) The threshold lights.
    (v) The runway end identifier lights.
    (vi) The visual approach slope indicator.
    (vii) The touchdown zone or touchdown zone markings.
    (viii) The touchdown zone lights.
    (ix) The runway or runway markings.
    (x) The runway lights.
    (d) Landing. No pilot operating an aircraft, except a military aircraft of
  the United States, may land that aircraft when the flight visibility is less
  than the visibility prescribed in the standard instrument approach procedure
  being used.
    (e) Missed approach procedures. Each pilot operating an aircraft, except a
  military aircraft of the United States, shall immediately execute an
  appropriate missed approach procedure when either of the following conditions
  exist:
    (1) Whenever the requirements of paragraph (c) of this section are not met
  at either of the following times:
    (i) When the aircraft is being operated below MDA; or
    (ii) Upon arrival at the missed approach point, including a DH where a DH
  is specified and its use is required, and at any time after that until
  touchdown.
    (2) Whenever an identifiable part of the airport is not distinctly visible
  to the pilot during a circling maneuver at or above MDA, unless the inability
  to see an identifiable part of the airport results only from a normal bank of
  the aircraft during the circling approach.
    (f) Civil airport takeoff minimums. Unless otherwise authorized by the
  Administrator, no pilot operating an aircraft under parts 121, 125, 127, 129,
  or 135 of this chapter may take off from a civil airport under IFR unless
  weather conditions are at or above the weather minimum for IFR takeoff
  prescribed for that airport under part 97 of this chapter. If takeoff
  minimums are not prescribed under part 97 of this chapter for a particular
  airport, the following minimums apply to takeoffs under IFR for aircraft
  operating under those parts:
    (1) For aircraft, other than helicopters, having two engines or less--1
  statute mile visibility.
    (2) For aircraft having more than two engines-- 1/2  statute mile
  visibility.
    (3) For helicopters--1/2 statute mile visibility.
    (g) Military airports. Unless otherwise prescribed by the Administrator,
  each person operating a civil aircraft under IFR into or out of a military
  airport shall comply with the instrument approach procedures and the takeoff
  and landing minimum prescribed by the military authority having jurisdiction
  of that airport.
    (h) Comparable values of RVR and ground visibility. (1) Except for Category
  II or Category III minimums, if RVR minimums for takeoff or landing are
  prescribed in an instrument approach procedure, but RVR is not reported for
  the runway of intended operation, the RVR minimum shall be converted to
  ground visibility in accordance with the table in paragraph (h)(2) of this
  section and shall be the visibility minimum for takeoff or landing on that
  runway.

                                                           Visibility
                                                            (statute
                             RVR (feet)                      miles)

            1,600 . . . . . . . . . . . . . . . . . . . .         1/4
            2,400 . . . . . . . . . . . . . . . . . . . .         1/2
            3,200 . . . . . . . . . . . . . . . . . . . .         5/8
            4,000 . . . . . . . . . . . . . . . . . . . .         3/4
            4,500 . . . . . . . . . . . . . . . . . . . .         7/8
            5,000 . . . . . . . . . . . . . . . . . . . .           1
            6,000 . . . . . . . . . . . . . . . . . . . .       1 1/4

    (i) Operations on unpublished routes and use of radar in instrument
  approach procedures. When radar is approved at certain locations for ATC
  purposes, it may be used not only for surveillance and precision radar
  approaches, as applicable, but also may be used in conjunction with
  instrument approach procedures predicated on other types of radio
  navigational aids. Radar vectors may be authorized to provide course guidance
  through the segments of an approach to the final course or fix. When
  operating on an unpublished route or while being radar vectored, the pilot,
  when an approach clearance is received, shall, in addition to complying with
  Sec. 91.177, maintain the last altitude assigned to that pilot until the
  aircraft is established on a segment of a published route or instrument
  approach procedure unless a different altitude is assigned by ATC. After the
  aircraft is so established, published altitudes apply to descent within each
  succeeding route or approach segment unless a different altitude is assigned
  by ATC. Upon reaching the final approach course or fix, the pilot may either
  complete the instrument approach in accordance with a procedure approved for
  the facility or continue a surveillance or precision radar approach to a
  landing.
    (j) Limitation on procedure turns. In the case of a radar vector to a final
  approach course or fix, a timed approach from a holding fix, or an approach
  for which the procedure specifies "No PT," no pilot may make a procedure turn
  unless cleared to do so by ATC.
    (k) ILS components. The basic ground components of an ILS are the
  localizer, glide slope, outer marker, middle marker, and, when installed for
  use with Category II or Category III instrument approach procedures, an inner
  marker. A compass locator or precision radar may be substituted for the outer
  or middle marker. DME, VOR, or nondirectional beacon fixes authorized in the
  standard instrument approach procedure or surveillance radar may be
  substituted for the outer marker. Applicability of, and substitution for, the
  inner marker for Category II or III approaches is determined by the
  appropriate part 97 approach procedure, letter of authorization, or
  operations specification pertinent to the operations.



  Sec. 91.177  Minimum altitudes for IFR operations.

    (a) Operation of aircraft at minimum altitudes. Except when necessary for
  takeoff or landing, no person may operate an aircraft under IFR below--

    (1) The applicable minimum altitudes prescribed in Parts 95 and 97 of this
  chapter; or
    (2) If no applicable minimum altitude is prescribed in those parts--
    (i) In the case of operations over an area designated as a mountainous area
  in part 95, an altitude of 2,000 feet above the highest obstacle within a
  horizontal distance of 4 nautical miles from the course to be flown; or
    (ii) In any other case, an altitude of 1,000 feet above the highest
  obstacle within a horizontal distance of 4 nautical miles from the course to
  be flown.

  However, if both a MEA and a MOCA are prescribed for a particular route or
  route segment, a person may operate an aircraft below the MEA down to, but
  not below, the MOCA, when within 22 nautical miles of the VOR concerned
  (based on the pilot's reasonable estimate of that distance).
    (b) Climb. Climb to a higher minimum IFR altitude shall begin immediately
  after passing the point beyond which that minimum altitude applies, except
  that when ground obstructions intervene, the point beyond which that higher
  minimum altitude applies shall be crossed at or above the applicable MCA.




  Sec. 91.179  IFR cruising altitude or flight level.

    (a) In controlled airspace. Each person operating an aircraft under IFR in
  level cruising flight in controlled airspace shall maintain the altitude or
  flight level assigned that aircraft by ATC. However, if the ATC clearance
  assigns "VFR conditions on-top," that person shall maintain an altitude or
  flight level as prescribed by Sec. 91.159.
    (b) In uncontrolled airspace. Except while in a holding pattern of 2
  minutes or less or while turning, each person operating an aircraft under IFR
  in level cruising flight in uncontrolled airspace shall maintain an
  appropriate altitude as follows:
    (1) When operating below 18,000 feet MSL and--
    (i) On a magnetic course of zero degrees through 179 degrees, any odd
  thousand foot MSL altitude (such as 3,000, 5,000, or 7,000); or
    (ii) On a magnetic course of 180 degrees through 359 degrees, any even
  thousand foot MSL altitude (such as 2,000, 4,000, or 6,000).
    (2) When operating at or above 18,000 feet MSL but below flight level 290,
  and--
    (i) On a magnetic course of zero degrees through 179 degrees, any odd
  flight level (such as 190, 210, or 230); or
    (ii) On a magnetic course of 180 degrees through 359 degrees, any even
  flight level (such as 180, 200, or 220).
    (3) When operating at flight level 290 and above, and--
    (i) On a magnetic course of zero degrees through 179 degrees, any flight
  level, at 4,000-foot intervals, beginning at and including flight level 290
  (such as flight level 290, 330, or 370); or
    (ii) On a magnetic course of 180 degrees through 359 degrees, any flight
  level, at 4,000-foot intervals, beginning at and including flight level 310
  (such as flight level 310, 350, or 390).

 


  Sec. 91.181  Course to be flown.

    Unless otherwise authorized by ATC, no person may operate an aircraft
  within controlled airspace under IFR except as follows:
    (a) On a Federal airway, along the centerline of that airway.
    (b) On any other route, along the direct course between the navigational
  aids or fixes defining that route. However, this section does not prohibit
  maneuvering the aircraft to pass well clear of other air traffic or the
  maneuvering of the aircraft in VFR conditions to clear the intended flight
  path both before and during climb or descent.




  Sec. 91.183  IFR radio communications.

    The pilot in command of each aircraft operated under IFR in controlled
  airspace shall have a continuous watch maintained on the appropriate
  frequency and shall report by radio as soon as possible--
    (a) The time and altitude of passing each designated reporting point, or
  the reporting points specified by ATC, except that while the aircraft is
  under radar control, only the passing of those reporting points specifically
  requested by ATC need be reported;
    (b) Any unforecast weather conditions encountered; and
    (c) Any other information relating to the safety of flight.

 


  Sec. 91.185  IFR operations: Two-way radio communications failure.

    (a) General. Unless otherwise authorized by ATC, each pilot who has two-way
  radio communications failure when operating under IFR shall comply with the
  rules of this section.
    (b) VFR conditions. If the failure occurs in VFR conditions, or if VFR
  conditions are encountered after the failure, each pilot shall continue the
  flight under VFR and land as soon as practicable.
    (c) IFR conditions. If the failure occurs in IFR conditions, or if
  paragraph (b) of this section cannot be complied with, each pilot shall
  continue the flight according to the following:
    (1) Route. (i) By the route assigned in the last ATC clearance received;
    (ii) If being radar vectored, by the direct route from the point of radio
  failure to the fix, route, or airway specified in the vector clearance;
    (iii) In the absence of an assigned route, by the route that ATC has
  advised may be expected in a further clearance; or
    (iv) In the absence of an assigned route or a route that ATC has advised
  may be expected in a further clearance, by the route filed in the flight
  plan.
    (2) Altitude. At the highest of the following altitudes or flight levels
  for the route segment being flown:
    (i) The altitude or flight level assigned in the last ATC clearance
  received;
    (ii) The minimum altitude (converted, if appropriate, to minimum flight
  level as prescribed in Sec. 91.121(c)) for IFR operations; or
    (iii) The altitude or flight level ATC has advised may be expected in a
  further clearance.
    (3) Leave clearance limit. (i) When the clearance limit is a fix from which
  an approach begins, commence descent or descent and approach as close as
  possible to the expect-further-clearance time if one has been received, or if
  one has not been received, as close as possible to the estimated time of
  arrival as calculated from the filed or amended (with ATC) estimated time en
  route.
    (ii) If the clearance limit is not a fix from which an approach begins,
  leave the clearance limit at the expect-further-clearance time if one has
  been received, or if none has been received, upon arrival over the clearance
  limit, and proceed to a fix from which an approach begins and commence
  descent or descent and approach as close as possible to the estimated time of
  arrival as calculated from the filed or amended (with ATC) estimated time en
  route.

  [Doc. No. 18334, 54 FR 34294, Aug. 18, 1989; 54 FR 41211, Oct. 5, 1989]

  


  Sec. 91.187  Operation under IFR in controlled airspace: Malfunction reports.

    (a) The pilot in command of each aircraft operated in controlled airspace
  under IFR shall report as soon as practical to ATC any malfunctions of
  navigational, approach, or communication equipment occurring in flight.
    (b) In each report required by paragraph (a) of this section, the pilot in
  command shall include the--
    (1) Aircraft identification;
    (2) Equipment affected;
    (3) Degree to which the capability of the pilot to operate under IFR in the
  ATC system is impaired; and
    (4) Nature and extent of assistance desired from ATC.

  



  Sec. 91.189  Category II and III operations: General operating rules.

    (a) No person may operate a civil aircraft in a Category II or III
  operation unless--
    (1) The flight crew of the aircraft consists of a pilot in command and a
  second in command who hold the appropriate authorizations and ratings
  prescribed in Sec. 61.3 of this chapter;
    (2) Each flight crewmember has adequate knowledge of, and familiarity with,
  the aircraft and the procedures to be used; and
    (3) The instrument panel in front of the pilot who is controlling the
  aircraft has appropriate instrumentation for the type of flight control
  guidance system that is being used.
    (b) Unless otherwise authorized by the Administrator, no person may operate
  a civil aircraft in a Category II or Category III operation unless each
  ground component required for that operation and the related airborne
  equipment is installed and operating.
    (c) Authorized DH. For the purpose of this section, when the approach
  procedure being used provides for and requires the use of a DH, the
  authorized DH is the highest of the following:
    (1) The DH prescribed by the approach procedure.
    (2) The DH prescribed for the pilot in command.
    (3) The DH for which the aircraft is equipped.
    (d) Unless otherwise authorized by the Administrator, no pilot operating an
  aircraft in a Category II or Category III approach that provides and requires
  use of a DH may continue the approach below the authorized decision height
  unless the following conditions are met:
    (1) The aircraft is in a position from which a descent to a landing on the
  intended runway can be made at a normal rate of descent using normal
  maneuvers, and where that descent rate will allow touchdown to occur within
  the touchdown zone of the runway of intended landing.
    (2) At least one of the following visual references for the intended runway
  is distinctly visible and identifiable to the pilot:
    (i) The approach light system, except that the pilot may not descend below
  100 feet above the touchdown zone elevation using the approach lights as a
  reference unless the red terminating bars or the red side row bars are also
  distinctly visible and identifiable.
    (ii) The threshold.
    (iii) The threshold markings.
    (iv) The threshold lights.
    (v) The touchdown zone or touchdown zone markings.
    (vi) The touchdown zone lights.
    (e) Unless otherwise authorized by the Administrator, each pilot operating
  an aircraft shall immediately execute an appropriate missed approach
  whenever, prior to touchdown, the requirements of paragraph (d) of this
  section are not met.
    (f) No person operating an aircraft using a Category III approach without
  decision height may land that aircraft except in accordance with the
  provisions of the letter of authorization issued by the Administrator.
    (g) Paragraphs (a) through (f) of this section do not apply to operations
  conducted by the holders of certificates issued under part 121, 125, 129, or
  135 of this chapter. No person may operate a civil aircraft in a Category II
  or Category III operation conducted by the holder of a certificate issued
  under part 121, 125, 129, or 135 of this chapter unless the operation is
  conducted in accordance with that certificate holder's operations
  specifications.




  Sec. 91.191   Category II and Category III manual.

    (a) Except as provided in paragraph (c) of this section, after August 4,
  1997, no person may operate a U.S.-registered civil aircraft in a Category II
  or a Category III operation unless--
    (1) There is available in the aircraft a current and approved Category II
  or Category III manual, as appropriate, for that aircraft;
    (2) The operation is conducted in accordance with the procedures,
  instructions, and limitations in the appropriate manual; and
    (3) The instruments and equipment listed in the manual that are required
  for a particular Category II or Category III operation have been inspected
  and maintained in accordance with the maintenance program contained in the
  manual.
    (b) Each operator must keep a current copy of each approved manual at its
  principal base of operations and must make each manual available for
  inspection upon request by the Administrator.
    (c) This section does not apply to operations conducted by a holder of a
  certificate issued under part 121 or part 135 of this chapter.

  [Amdt. 91-251, 61 FR 34560, July 2, 1996]




  Sec. 91.193  Certificate of authorization for certain Category II operations.

    The Administrator may issue a certificate of authorization authorizing
  deviations from the requirements of Secs. 91.189, 91.191, and 91.205(f) for
  the operation of small aircraft identified as Category A aircraft in Sec.
  97.3 of this chapter in Category II operations if the Administrator finds
  that the proposed operation can be safely conducted under the terms of the
  certificate. Such authorization does not permit operation of the aircraft
  carrying persons or property for compensation or hire.

  




  Secs. 91.195--91.199  [Reserved]






          Subpart C--Equipment, Instrument, and Certificate Requirements

    Source: 54 FR 34291, Aug. 18, 1989, unless otherwise noted.





  Sec. 91.201   [Reserved]



  Sec. 91.203  Civil aircraft: Certifications required.

    (a) Except as provided in Sec. 91.715, no person may operate a civil
  aircraft unless it has within it the following:
    (1) An appropriate and current airworthiness certificate. Each U.S.
  airworthiness certificate used to comply with this subparagraph (except a
  special flight permit, a copy of the applicable operations specifications
  issued under Sec. 21.197(c) of this chapter, appropriate sections of the air
  carrier manual required by parts 121 and 135 of this chapter containing that
  portion of the operations specifications issued under Sec. 21.197(c), or an
  authorization under Sec. 91.611) must have on it the registration number
  assigned to the aircraft under part 47 of this chapter. However, the
  airworthiness certificate need not have on it an assigned special
  identification number before 10 days after that number is first affixed to
  the aircraft. A revised airworthiness certificate having on it an assigned
  special identification number, that has been affixed to an aircraft, may only
  be obtained upon application to an FAA Flight Standards district office.
    (2) An effective U.S. registration certificate issued to its owner or, for
  operation within the United States, the second duplicate copy (pink) of the
  Aircraft Registration Application as provided for in Sec. 47.31(b), or a
  registration certificate issued under the laws of a foreign country.
    (b) No person may operate a civil aircraft unless the airworthiness
  certificate required by paragraph (a) of this section or a special flight
  authorization issued under Sec. 91.715 is displayed at the cabin or cockpit
  entrance so that it is legible to passengers or crew.
    (c) No person may operate an aircraft with a fuel tank installed within the
  passenger compartment or a baggage compartment unless the installation was
  accomplished pursuant to part 43 of this chapter, and a copy of FAA Form 337
  authorizing that installation is on board the aircraft.
    (d) No person may operate a civil airplane (domestic or foreign) into or
  out of an airport in the United States unless it complies with the fuel
  venting and exhaust emissions requirements of part 34 of this chapter.

  [Doc. No. 18334, Amdt. 91-211, 54 FR 34291, Aug. 18, 1989, as amended by
  Amdt. 91-218, 55 FR 32861, Aug. 10, 1990]



  Sec. 91.205  Powered civil aircraft with standard category U.S. airworthiness
      certificates: Instrument and equipment requirements.

    (a) General. Except as provided in paragraphs (c)(3) and (e) of this
  section, no person may operate a powered civil aircraft with a standard
  category U.S. airworthiness certificate in any operation described in
  paragraphs (b) through (f) of this section unless that aircraft contains the
  instruments and equipment specified in those paragraphs (or FAA-approved
  equivalents) for that type of operation, and those instruments and items of
  equipment are in operable condition.
    (b) Visual-flight rules (day). For VFR flight during the day, the following
  instruments and equipment are required:
    (1) Airspeed indicator.
    (2) Altimeter.
    (3) Magnetic direction indicator.
    (4) Tachometer for each engine.
    (5) Oil pressure gauge for each engine using pressure system.
    (6) Temperature gauge for each liquid-cooled engine.
    (7) Oil temperature gauge for each air-cooled engine.
    (8) Manifold pressure gauge for each altitude engine.
    (9) Fuel gauge indicating the quantity of fuel in each tank.
    (10) Landing gear position indicator, if the aircraft has a retractable
  landing gear.
    (11) For small civil airplanes certificated after March 11, 1996, in
  accordance with part 23 of this chapter, an approved aviation red or aviation
  white anticollision light system. In the event of failure of any light of the
  anticollision light system, operation of the aircraft may continue to a
  location where repairs or replacement can be made.
    (12) If the aircraft is operated for hire over water and beyond power-off
  gliding distance from shore, approved flotation gear readily available to
  each occupant and at least one pyrotechnic signaling device. As used in this
  section, "shore" means that area of the land adjacent to the water which is
  above the high water mark and excludes land areas which are intermittently
  under water.
    (13) An approved safety belt with an approved metal-to-metal latching
  device for each occupant 2 years of age or older.
    (14) For small civil airplanes manufactured after July 18, 1978, an
  approved shoulder harness for each front seat. The shoulder harness must be
  designed to protect the occupant from serious head injury when the occupant
  experiences the ultimate inertia forces specified in Sec. 23.561(b)(2) of
  this chapter. Each shoulder harness installed at a flight crewmember station
  must permit the crewmember, when seated and with the safety belt and shoulder
  harness fastened, to perform all functions necessary for flight operations.
  For purposes of this paragraph--
    (i) The date of manufacture of an airplane is the date the inspection
  acceptance records reflect that the airplane is complete and meets the FAA-
  approved type design data; and
    (ii) A front seat is a seat located at a flight crewmember station or any
  seat located alongside such a seat.
    (15) An emergency locator transmitter, if required by Sec. 91.207.
    (16) For normal, utility, and acrobatic category airplanes with a seating
  configuration, excluding pilot seats, of 9 or less, manufactured after
  December 12, 1986, a shoulder harness for--
    (i) Each front seat that meets the requirements of Sec. 23.785 (g) and (h)
  of this chapter in effect on December 12, 1985;
    (ii) Each additional seat that meets the requirements of Sec. 23.785(g) of
  this chapter in effect on December 12, 1985.
    (17) For rotorcraft manufactured after September 16, 1992, a shoulder
  harness for each seat that meets the requirements of Sec. 27.2 or Sec. 29.2
  of this chapter in effect on September 16, 1991.
    (c) Visual flight rules (night). For VFR flight at night, the following
  instruments and equipment are required:
    (1) Instruments and equipment specified in paragraph (b) of this section.
    (2) Approved position lights.
    (3) An approved aviation red or aviation white anticollision light system
  on all U.S.-registered civil aircraft. Anticollision light systems initially
  installed after August 11, 1971, on aircraft for which a type certificate was
  issued or applied for before August 11, 1971, must at least meet the
  anticollision light standards of part 23, 25, 27, or 29 of this chapter, as
  applicable, that were in effect on August 10, 1971, except that the color may
  be either aviation red or aviation white. In the event of failure of any
  light of the anticollision light system, operations with the aircraft may be
  continued to a stop where repairs or replacement can be made.
    (4) If the aircraft is operated for hire, one electric landing light.
    (5) An adequate source of electrical energy for all installed electrical
  and radio equipment.
    (6) One spare set of fuses, or three spare fuses of each kind required,
  that are accessible to the pilot in flight.
    (d) Instrument flight rules. For IFR flight, the following instruments and
  equipment are required:
    (1) Instruments and equipment specified in paragraph (b) of this section,
  and, for night flight, instruments and equipment specified in paragraph (c)
  of this section.
    (2) Two-way radio communications system and navigational equipment
  appropriate to the ground facilities to be used.
    (3) Gyroscopic rate-of-turn indicator, except on the following aircraft:
    (i) Airplanes with a third attitude instrument system usable through
  flight attitudes of 360 degrees of pitch and roll and installed in accordance
  with the instrument requirements prescribed in Sec. 121.305(j) of this
  chapter; and
    (ii) Rotorcraft with a third attitude instrument system usable through
  flight attitudes of +/-80 degrees of pitch and +/-120 degrees of roll and
  installed in accordance with Sec. 29.1303(g) of this chapter.
    (4) Slip-skid indicator.
    (5) Sensitive altimeter adjustable for barometric pressure.
    (6) A clock displaying hours, minutes, and seconds with a sweep-second
  pointer or digital presentation.
    (7) Generator or alternator of adequate capacity.
    (8) Gyroscopic pitch and bank indicator (artificial horizon).
    (9) Gyroscopic direction indicator (directional gyro or equivalent).
    (e) Flight at and above 24,000 ft. MSL (FL 240). If VOR navigational
  equipment is required under paragraph (d)(2) of this section, no person may
  operate a U.S.-registered civil aircraft within the 50 states and the
  District of Columbia at or above FL 240 unless that aircraft is equipped with
  approved distance measuring equipment (DME). When DME required by this
  paragraph fails at and above FL 240, the pilot in command of the aircraft
  shall notify ATC immediately, and then may continue operations at and above
  FL 240 to the next airport of intended landing at which repairs or
  replacement of the equipment can be made.
    (f) Category II operations. The requirements for Category II operations are
  the instruments and equipment specified in--
    (1) Paragraph (d) of this section; and
    (2) Appendix A to this part.
    (g) Category III operations. The instruments and equipment required for
  Category III operations are specified in paragraph (d) of this section.
    (h) Exclusions. Paragraphs (f) and (g) of this section do not apply to
  operations conducted by a holder of a certificate issued under part 121 or
  part 135 of this chapter.

  [Doc. No. 18334, Amdt. 91-211, 54 FR 34304, Aug. 18, 1989, as amended by
  Amdt. 91-220, 55 FR 43310, Oct. 26, 1990; Amdt. 91-223, 56 FR 41052, Aug. 16,
  1991; Amdt. 91-231, 57 FR 42672, Sept. 15, 1992; Amdt. 91-247, 61 FR 5171,
  Feb. 9, 1996; Amdt. 91-251, 61 FR 34560, July 2, 1996]






  Sec. 91.207  Emergency locator transmitters.

    (a) Except as provided in paragraphs (e) and (f) of this section, no person
  may operate a U.S.-registered civil airplane unless--
    (1) There is attached to the airplane an approved automatic type emergency
  locator transmitter that is in operable condition for the following
  operations, except that after June 21, 1995, an emergency locator transmitter
  that meets the requirements of TSO-C91 may not be used for new installations:
    (i) Those operations governed by the supplemental air carrier and
  commercial operator rules of parts 121 and 125;
    (ii) Charter flights governed by the domestic and flag air carrier rules of
  part 121 of this chapter; and
    (iii) Operations governed by part 135 of this chapter; or
    (2) For operations other than those specified in paragraph (a)(1) of this
  section, there must be attached to the airplane an approved personal type or
  an approved automatic type emergency locator transmitter that is in operable
  condition, except that after June 21, 1995, an emergency locator transmitter
  that meets the requirements of TSO-C91 may not be used for new installations.
    (b) Each emergency locator transmitter required by paragraph (a) of this
  section must be attached to the airplane in such a manner that the
  probability of damage to the transmitter in the event of crash impact is
  minimized. Fixed and deployable automatic type transmitters must be attached
  to the airplane as far aft as practicable.
    (c) Batteries used in the emergency locator transmitters required by
  paragraphs (a) and (b) of this section must be replaced (or recharged, if the
  batteries are rechargeable)--
    (1) When the transmitter has been in use for more than 1 cumulative hour;
  or
    (2) When 50 percent of their useful life (or, for rechargeable batteries,
  50 percent of their useful life of charge) has expired, as established by the
  transmitter manufacturer under its approval.

  The new expiration date for replacing (or recharging) the battery must be
  legibly marked on the outside of the transmitter and entered in the aircraft
  maintenance record. Paragraph (c)(2) of this section does not apply to
  batteries (such as water-activated batteries) that are essentially unaffected
  during probable storage intervals.
    (d) Each emergency locator transmitter required by paragraph (a) of this
  section must be inspected within 12 calendar months after the last inspection
  for--
    (1) Proper installation;
    (2) Battery corrosion;
    (3) Operation of the controls and crash sensor; and
    (4) The presence of a sufficient signal radiated from its antenna.
    (e) Notwithstanding paragraph (a) of this section, a person may--
    (1) Ferry a newly acquired airplane from the place where possession of it
  was taken to a place where the emergency locator transmitter is to be
  installed; and
    (2) Ferry an airplane with an inoperative emergency locator transmitter
  from a place where repairs or replacements cannot be made to a place where
  they can be made.

  No person other than required crewmembers may be carried aboard an airplane
  being ferried under paragraph (e) of this section.
    (f) Paragraph (a) of this section does not apply to--
    (1) Turbojet-powered aircraft;
    (2) Aircraft while engaged in scheduled flights by scheduled air carriers;
    (3) Aircraft while engaged in training operations conducted entirely within
  a 50-nautical mile radius of the airport from which such local flight
  operations began;
    (4) Aircraft while engaged in flight operations incident to design and
  testing;
    (5) New aircraft while engaged in flight operations incident to their
  manufacture, preparation, and delivery;
    (6) Aircraft while engaged in flight operations incident to the aerial
  application of chemicals and other substances for agricultural purposes;
    (7) Aircraft certificated by the Administrator for research and development
  purposes;
    (8) Aircraft while used for showing compliance with regulations, crew
  training, exhibition, air racing, or market surveys;
    (9) Aircraft equipped to carry not more than one person; and
    (10) An aircraft during any period for which the transmitter has been
  temporarily removed for inspection, repair, modification, or replacement,
  subject to the following:
    (i) No person may operate the aircraft unless the aircraft records contain
  an entry which includes the date of initial removal, the make, model, serial
  number, and reason for removing the transmitter, and a placard located in
  view of the pilot to show "ELT not installed."
    (ii) No person may operate the aircraft more than 90 days after the ELT is
  initially removed from the aircraft.

  [Doc. No. 18334, Amdt. 91-211, 54 FR 34291, Aug. 18, 1989, as amended by
  Amdt. 91-242, 59 FR 32057, June 21, 1994; 59 FR 34578, July 6, 1994]



  Sec. 91.209   Aircraft lights.

    No person may:
    (a) During the period from sunset to sunrise (or, in Alaska, during the
  period a prominent unlighted object cannot be seen from a distance of 3
  statute miles or the sun is more than 6 degrees below the horizon)--
    (1) Operate an aircraft unless it has lighted position lights;
    (2) Park or move an aircraft in, or in dangerous proximity to, a night
  flight operations area of an airport unless the aircraft--
    (i) Is clearly illuminated;
    (ii) Has lighted position lights; or
    (iii) is in an area that is marked by obstruction lights;
    (3) Anchor an aircraft unless the aircraft--
    (i) Has lighted anchor lights; or
    (ii) Is in an area where anchor lights are not required on vessels; or
    (b) Operate an aircraft that is equipped with an anticollision light
  system, unless it has lighted anticollision lights. However, the
  anticollision lights need not be lighted when the pilot-in-command determines
  that, because of operating conditions, it would be in the interest of safety
  to turn the lights off.

  [Amdt. 91-247, 61 FR 5171, Feb. 9, 1996]




  Sec. 91.211  Supplemental oxygen.

    (a) General. No person may operate a civil aircraft of U.S. registry--
    (1) At cabin pressure altitudes above 12,500 feet (MSL) up to and including
  14,000 feet (MSL) unless the required minimum flight crew is provided with
  and uses supplemental oxygen for that part of the flight at those altitudes
  that is of more than 30 minutes duration;
    (2) At cabin pressure altitudes above 14,000 feet (MSL) unless the required
  minimum flight crew is provided with and uses supplemental oxygen during the
  entire flight time at those altitudes; and
    (3) At cabin pressure altitudes above 15,000 feet (MSL) unless each
  occupant of the aircraft is provided with supplemental oxygen.
    (b) Pressurized cabin aircraft. (1) No person may operate a civil aircraft
  of U.S. registry with a pressurized cabin--
    (i) At flight altitudes above flight level 250 unless at least a 10-minute
  supply of supplemental oxygen, in addition to any oxygen required to satisfy
  paragraph (a) of this section, is available for each occupant of the aircraft
  for use in the event that a descent is necessitated by loss of cabin
  pressurization; and
    (ii) At flight altitudes above flight level 350 unless one pilot at the
  controls of the airplane is wearing and using an oxygen mask that is secured
  and sealed and that either supplies oxygen at all times or automatically
  supplies oxygen whenever the cabin pressure altitude of the airplane exceeds
  14,000 feet (MSL), except that the one pilot need not wear and use an oxygen
  mask while at or below flight level 410 if there are two pilots at the
  controls and each pilot has a quick-donning type of oxygen mask that can be
  placed on the face with one hand from the ready position within 5 seconds,
  supplying oxygen and properly secured and sealed.
    (2) Notwithstanding paragraph (b)(1)(ii) of this section, if for any reason
  at any time it is necessary for one pilot to leave the controls of the
  aircraft when operating at flight altitudes above flight level 350, the
  remaining pilot at the controls shall put on and use an oxygen mask until the
  other pilot has returned to that crewmember's station.





  Sec. 91.213  Inoperative instruments and equipment.

    (a) Except as provided in paragraph (d) of this section, no person may take
  off an aircraft with inoperative instruments or equipment installed unless
  the following conditions are met:
    (1) An approved Minimum Equipment List exists for that aircraft.
    (2) The aircraft has within it a letter of authorization, issued by the FAA
  Flight Standards district office having jurisdiction over the area in which
  the operator is located, authorizing operation of the aircraft under the
  Minimum Equipment List. The letter of authorization may be obtained by
  written request of the airworthiness certificate holder. The Minimum
  Equipment List and the letter of authorization constitute a supplemental type
  certificate for the aircraft.
    (3) The approved Minimum Equipment List must--
    (i) Be prepared in accordance with the limitations specified in paragraph
  (b) of this section; and
    (ii) Provide for the operation of the aircraft with the instruments and
  equipment in an inoperable condition.
    (4) The aircraft records available to the pilot must include an entry
  describing the inoperable instruments and equipment.
    (5) The aircraft is operated under all applicable conditions and
  limitations contained in the Minimum Equipment List and the letter
  authorizing the use of the list.
    (b) The following instruments and equipment may not be included in a
  Minimum Equipment List:
    (1) Instruments and equipment that are either specifically or otherwise
  required by the airworthiness requirements under which the aircraft is type
  certificated and which are essential for safe operations under all operating
  conditions.
    (2) Instruments and equipment required by an airworthiness directive to be
  in operable condition unless the airworthiness directive provides otherwise.
    (3) Instruments and equipment required for specific operations by this
  part.
    (c) A person authorized to use an approved Minimum Equipment List issued
  for a specific aircraft under Part 121, 125, or 135 of this chapter shall use
  that Minimum Equipment List in connection with operations conducted with that
  aircraft under this part without additional approval requirements.
    (d) Except for operations conducted in accordance with paragraph (a) or (c)
  of this section, a person may takeoff an aircraft in operations conducted
  under this part with inoperative instruments and equipment without an
  approved Minimum Equipment List provided--
    (1) The flight operation is conducted in a--
    (i) Rotorcraft, nonturbine-powered airplane, glider, or lighter-than-air
  aircraft for which a master Minimum Equipment List has not been developed; or
    (ii) Small rotorcraft, nonturbine-powered small airplane, glider, or
  lighter-than-air aircraft for which a Master Minimum Equipment List has been
  developed; and
    (2) The inoperative instruments and equipment are not--
    (i) Part of the VFR-day type certification instruments and equipment
  prescribed in the applicable airworthiness regulations under which the
  aircraft was type certificated;
    (ii) Indicated as required on the aircraft's equipment list, or on the
  Kinds of Operations Equipment List for the kind of flight operation being
  conducted;
    (iii) Required by Sec. 91.205 or any other rule of this part for the
  specific kind of flight operation being conducted; or
    (iv) Required to be operational by an airworthiness directive; and
    (3) The inoperative instruments and equipment are--
    (i) Removed from the aircraft, the cockpit control placarded, and the
  maintenance recorded in accordance with Sec. 43.9 of this chapter; or
    (ii) Deactivated and placarded "Inoperative." If deactivation of the
  inoperative instrument or equipment involves maintenance, it must be
  accomplished and recorded in accordance with part 43 of this chapter; and
    (4) A determination is made by a pilot, who is certificated and
  appropriately rated under part 61 of this chapter, or by a person, who is
  certificated and appropriately rated to perform maintenance on the aircraft,
  that the inoperative instrument or equipment does not constitute a hazard to
  the aircraft.
    An aircraft with inoperative instruments or equipment as provided in
  paragraph (d) of this section is considered to be in a properly altered
  condition acceptable to the Administrator.
    (e) Notwithstanding any other provision of this section, an aircraft with
  inoperable instruments or equipment may be operated under a special flight
  permit issued in accordance with Secs. 21.197 and 21.199 of this chapter.

  




  Sec. 91.215  ATC transponder and altitude reporting equipment and use.

    (a) All airspace: U.S.-registered civil aircraft. For operations not
  conducted under part 121, 127 or 135 of this chapter, ATC transponder
  equipment installed must meet the performance and environmental requirements
  of any class of TSO-C74b (Mode A) or any class of TSO-C74c (Mode A with
  altitude reporting capability) as appropriate, or the appropriate class of
  TSO-C112 (Mode S).
    (b) All airspace. Unless otherwise authorized or directed by ATC, no person
  may operate an aircraft in the airspace described in paragraphs (b)(1)
  through (b)(5) of this section, unless that aircraft is equipped with an
  operable coded radar beacon transponder having either Mode 3/A 4096 code
  capability, replying to Mode 3/A interrogations with the code specified by
  ATC, or a Mode S capability, replying to Mode 3/A interrogations with the
  code specified by ATC and intermode and Mode S interrogations in accordance
  with the applicable provisions specified in TSO C-112, and that aircraft is
  equipped with automatic pressure altitude reporting equipment having a Mode C
  capability that automatically replies to Mode C interrogations by
  transmitting pressure altitude information in 100-foot increments. This
  requirement applies--
    (1) All aircraft. In Class A, Class B, and Class C airspace areas;
    (2) All aircraft. In all airspace within 30 nautical miles of an airport
  listed in appendix D, section 1 of this part from the surface upward to
  10,000 feet MSL;
    (3) Notwithstanding paragraph (b)(2) of this section, any aircraft which
  was not originally certificated with an engine-driven electrical system or
  which has not subsequently been certified with such a system installed,
  balloon or glider may conduct operations in the airspace within 30 nautical
  miles of an airport listed in appendix D, section 1 of this part provided
  such operations are conducted--
    (i) Outside any Class A, Class B, or Class C airspace area; and
    (ii) Below the altitude of the ceiling of a Class B or Class C airspace
  area designated for an airport or 10,000 feet MSL, whichever is lower; and
    (4) All aircraft in all airspace above the ceiling and within the lateral
  boundaries of a Class B or Class C airspace area designated for an airport
  upward to 10,000 feet MSL; and
    (5) All aircraft except any aircraft which was not originally certificated
  with an engine-driven electrical system or which has not subsequently been
  certified with such a system installed, balloon, or glider----
    (i) In all airspace of the 48 contiguous states and the District of
  Columbia at and above 10,000 feet MSL, excluding the airspace at and below
  2,500 feet above the surface; and
    (ii) In the airspace from the surface to 10,000 feet MSL within a 10-
  nautical-mile radius of any airport listed in appendix D, section 2 of this
  part, excluding the airspace below 1,200 feet outside of the lateral
  boundaries of the surface area of the airspace designated for that airport.
    (c) Transponder-on operation. While in the airspace as specified in
  paragraph (b) of this section or in all controlled airspace, each person
  operating an aircraft equipped with an operable ATC transponder maintained in
  accordance with Sec. 91.413 of this part shall operate the transponder,
  including Mode C equipment if installed, and shall reply on the appropriate
  code or as assigned by ATC.
    (d) ATC authorized deviations. Requests for ATC authorized deviations
  must be made to the ATC facility having jurisdiction over the concerned
  airspace within the time periods specified as follows:
    (1) For operation of an aircraft with an operating transponder but without
  operating automatic pressure altitude reporting equipment having a Mode C
  capability, the request may be made at any time.
    (2) For operation of an aircraft with an inoperative transponder to the
  airport of ultimate destination, including any intermediate stops, or to
  proceed to a place where suitable repairs can be made or both, the request
  may be made at any time.
    (3) For operation of an aircraft that is not equipped with a transponder,
  the request must be made at least one hour before the proposed operation.

  (Approved by the Office of Management and Budget under OMB control number
  2120-0005)

  [Doc. No. 25753, 54 FR 34291, Aug. 18, 1989, as amended by Amdt. 91-221, 56
  FR 469, Jan. 4, 1991; Amdt. No. 91-227, 56 FR 65660, Dec. 17, 1991; 57 FR
  328, Jan. 3, 1992; Amdt. No. 91-229, 57 FR 34618, Aug. 5, 1992]





  Sec. 91.217  Data correspondence between automatically reported pressur
    altitude data and the pilot's altitude reference.

    No person may operate any automatic pressure altitude reporting equipment
  associated with a radar beacon transponder--
    (a) When deactivation of that equipment is directed by ATC;
    (b) Unless, as installed, that equipment was tested and calibrated to
  transmit altitude data corresponding within 125 feet (on a 95 percent
  probability basis) of the indicated or calibrated datum of the altimeter
  normally used to maintain flight altitude, with that altimeter referenced to
  29.92 inches of mercury for altitudes from sea level to the maximum operating
  altitude of the aircraft; or
    (c) Unless the altimeters and digitizers in that equipment meet the
  standards of TSO-C10b and TSO-C88, respectively.





  Sec. 91.219  Altitude alerting system or device: Turbojet-powered civil
    airplanes.

    (a) Except as provided in paragraph (d) of this section, no person may
  operate a turbojet-powered U.S.-registered civil airplane unless that
  airplane is equipped with an approved altitude alerting system or device that
  is in operable condition and meets the requirements of paragraph (b) of this
  section.
    (b) Each altitude alerting system or device required by paragraph (a) of
  this section must be able to--
    (1) Alert the pilot--
    (i) Upon approaching a preselected altitude in either ascent or descent, by
  a sequence of both aural and visual signals in sufficient time to establish
  level flight at that preselected altitude; or
    (ii) Upon approaching a preselected altitude in either ascent or descent,
  by a sequence of visual signals in sufficient time to establish level flight
  at that preselected altitude, and when deviating above and below that
  preselected altitude, by an aural signal;
    (2) Provide the required signals from sea level to the highest operating
  altitude approved for the airplane in which it is installed;
    (3) Preselect altitudes in increments that are commensurate with the
  altitudes at which the aircraft is operated;
    (4) Be tested without special equipment to determine proper operation of
  the alerting signals; and
    (5) Accept necessary barometric pressure settings if the system or device
  operates on barometric pressure. However, for operation below 3,000 feet AGL,
  the system or device need only provide one signal, either visual or aural, to
  comply with this paragraph. A radio altimeter may be included to provide the
  signal if the operator has an approved procedure for its use to determine DH
  or MDA, as appropriate.
    (c) Each operator to which this section applies must establish and assign
  procedures for the use of the altitude alerting system or device and each
  flight crewmember must comply with those procedures assigned to him.
    (d) Paragraph (a) of this section does not apply to any operation of an
  airplane that has an experimental certificate or to the operation of any
  airplane for the following purposes:
    (1) Ferrying a newly acquired airplane from the place where possession of
  it was taken to a place where the altitude alerting system or device is to be
  installed.
    (2) Continuing a flight as originally planned, if the altitude alerting
  system or device becomes inoperative after the airplane has taken off;
  however, the flight may not depart from a place where repair or replacement
  can be made.
    (3) Ferrying an airplane with any inoperative altitude alerting system or
  device from a place where repairs or replacements cannot be made to a place
  where it can be made.
    (4) Conducting an airworthiness flight test of the airplane.
    (5) Ferrying an airplane to a place outside the United States for the
  purpose of registering it in a foreign country.
    (6) Conducting a sales demonstration of the operation of the airplane.
    (7) Training foreign flight crews in the operation of the airplane before
  ferrying it to a place outside the United States for the purpose of
  registering it in a foreign country.





  Sec. 91.221  Traffic alert and collision avoidance system equipment anduse.

    (a) All airspace: U.S.-registered civil aircraft. Any traffic alert and
  collision avoidance system installed in a U.S.-registered civil aircraft must
  be approved by the Administrator.
    (b) Traffic alert and collision avoidance system, operation required. Each
  person operating an aircraft equipped with an operable traffic alert and
  collision avoidance system shall have that system on and operating.




  Secs. 91.223--91.299  [Reserved]






                       Subpart D--Special Flight Operations

    Source: 54 FR 34291, Aug. 18, 1989, unless otherwise noted.

 



  Sec. 91.301  [Reserved]

  Sec. 91.303  Aerobatic flight.

    No person may operate an aircraft in aerobatic flight--
    (a) Over any congested area of a city, town, or settlement;
    (b) Over an open air assembly of persons;
    (c) Within the lateral boundaries of the surface areas of Class B, Class C,
  Class D, or Class E airspace designated for an airport;
    (d) Within 4 nautical miles of the center line of any Federal airway;
    (e) Below an altitude of 1,500 feet above the surface; or
    (f) When flight visibility is less than 3 statute miles.

  For the purposes of this section, aerobatic flight means an intentional
  maneuver involving an abrupt change in an aircraft's attitude, an abnormal
  attitude, or abnormal acceleration, not necessary for normal flight.

  [54 FR 34291, Aug. 18, 1989, as amended by Amdt. 91-227, 56 FR 65661,
  Dec. 17, 1991]





  Sec. 91.305  Flight test areas.

    No person may flight test an aircraft except over open water, or sparsely
  populated areas, having light air traffic.



  Sec. 91.307  Parachutes and parachuting.

    (a) No pilot of a civil aircraft may allow a parachute that is available
  for emergency use to be carried in that aircraft unless it is an approved
  type and--
    (1) If a chair type (canopy in back), it has been packed by a certificated
  and appropriately rated parachute rigger within the preceding 120 days; or
    (2) If any other type, it has been packed by a certificated and
  appropriately rated parachute rigger--
    (i) Within the preceding 120 days, if its canopy, shrouds, and harness are
  composed exclusively of nylon, rayon, or other similar synthetic fiber or
  materials that are substantially resistant to damage from mold, mildew, or
  other fungi and other rotting agents propagated in a moist environment; or
    (ii) Within the preceding 60 days, if any part of the parachute is composed
  of silk, pongee, or other natural fiber, or materials not specified in
  paragraph (a)(2)(i) of this section.
    (b) Except in an emergency, no pilot in command may allow, and no person
  may make, a parachute jump from an aircraft within the United States except
  in accordance with Part 105.
    (c) Unless each occupant of the aircraft is wearing an approved parachute,
  no pilot of a civil aircraft carrying any person (other than a crewmember)
  may execute any intentional maneuver that exceeds--
    (1) A bank of 60 degrees relative to the horizon; or
    (2) A nose-up or nose-down attitude of 30 degrees relative to the horizon.
    (d) Paragraph (c) of this section does not apply to--
    (1) Flight tests for pilot certification or rating; or
    (2) Spins and other flight maneuvers required by the regulations for any
  certificate or rating when given by--
    (i) A certificated flight instructor; or
    (ii) An airline transport pilot instructing in accordance with Sec. 61.169
  of this chapter.
    (e) For the purposes of this section, "approved parachute" means--
    (1) A parachute manufactured under a type certificate or a technical
  standard order (C-23 series); or
    (2) A personnel-carrying military parachute identified by an NAF, AAF, or
  AN drawing number, an AAF order number, or any other military designation or
  specification number.





  Sec. 91.309  Towing: Gliders.

    (a) No person may operate a civil aircraft towing a glider unless--
    (1) The pilot in command of the towing aircraft is qualified under Sec.
  61.69 of this chapter;
    (2) The towing aircraft is equipped with a tow-hitch of a kind, and
  installed in a manner, that is approved by the Administrator;
    (3) The towline used has breaking strength not less than 80 percent of the
  maximum certificated operating weight of the glider and not more than twice
  this operating weight. However, the towline used may have a breaking strength
  more than twice the maximum certificated operating weight of the glider if--
    (i) A safety link is installed at the point of attachment of the towline to
  the glider with a breaking strength not less than 80 percent of the maximum
  certificated operating weight of the glider and not greater than twice this
  operating weight.
    (ii) A safety link is installed at the point of attachment of the towline
  to the towing aircraft with a breaking strength greater, but not more than 25
  percent greater, than that of the safety link at the towed glider end of the
  towline and not greater than twice the maximum certificated operating weight
  of the glider;
    (4) Before conducting any towing operation within the lateral boundaries of
  the surface areas of Class B, Class C, Class D, or Class E airspace
  designated for an airport, or before making each towing flight within such
  controlled airspace if required by ATC, the pilot in command notifies the
  control tower. If a control tower does not exist or is not in operation, the
  pilot in command must notify the FAA flight service station serving that
  controlled airspace before conducting any towing operations in that airspace;
  and
    (5) The pilots of the towing aircraft and the glider have agreed upon a
  general course of action, including takeoff and release signals, airspeeds,
  and emergency procedures for each pilot.
    (b) No pilot of a civil aircraft may intentionally release a towline, after
  release of a glider, in a manner that endangers the life or property of
  another.

  [54 FR 34291, Aug. 18, 1989, as amended by Amdt. 91-227, 56 FR 65661,
  Dec. 17, 1991]


  Sec. 91.311  Towing: Other than under Sec. 91.309.

    No pilot of a civil aircraft may tow anything with that aircraft (other
  than under Sec. 91.309) except in accordance with the terms of a certificate
  of waiver issued by the Administrator.




  Sec. 91.313  Restricted category civil aircraft: Operating limitations.

    (a) No person may operate a restricted category civil aircraft--
    (1) For other than the special purpose for which it is certificated; or
    (2) In an operation other than one necessary to accomplish the work
  activity directly associated with that special purpose.
    (b) For the purpose of paragraph (a) of this section, operating a
  restricted category civil aircraft to provide flight crewmember training in a
  special purpose operation for which the aircraft is certificated is
  considered to be an operation for that special purpose.
    (c) No person may operate a restricted category civil aircraft carrying
  persons or property for compensation or hire. For the purposes of this
  paragraph, a special purpose operation involving the carriage of persons or
  material necessary to accomplish that operation, such as crop dusting,
  seeding, spraying, and banner towing (including the carrying of required
  persons or material to the location of that operation), and operation for the
  purpose of providing flight crewmember training in a special purpose
  operation, are not considered to be the carriage of persons or property for
  compensation or hire.
    (d) No person may be carried on a restricted category civil aircraft unless
  that person--
    (1) Is a flight crewmember;
    (2) Is a flight crewmember trainee;
    (3) Performs an essential function in connection with a special purpose
  operation for which the aircraft is certificated; or
    (4) Is necessary to accomplish the work activity directly associated with
  that special purpose.
    (e) Except when operating in accordance with the terms and conditions of a
  certificate of waiver or special operating limitations issued by the
  Administrator, no person may operate a restricted category civil aircraft
  within the United States--
    (1) Over a densely populated area;
    (2) In a congested airway; or
    (3) Near a busy airport where passenger transport operations are conducted.
    (f) This section does not apply to nonpassenger-carrying civil rotorcraft
  external-load operations conducted under Part 133 of this chapter.
    (g) No person may operate a small restricted-category civil airplane
  manufactured after July 18, 1978, unless an approved shoulder harness is
  installed for each front seat. The shoulder harness must be designed to
  protect each occupant from serious head injury when the occupant experiences
  the ultimate inertia forces specified in Sec. 23.561(b)(2) of this chapter.
  The shoulder harness installation at each flight crewmember station must
  permit the crewmember, when seated and with the safety belt and shoulder
  harness fastened, to perform all functions necessary for flight operation.
  For purposes of this paragraph--
    (1) The date of manufacture of an airplane is the date the inspection
  acceptance records reflect that the airplane is complete and meets the FAA-
  approved type design data; and
    (2) A front seat is a seat located at a flight crewmember station or any
  seat located alongside such a seat.

 




  Sec. 91.315  Limited category civil aircraft: Operating limitations.

    No person may operate a limited category civil aircraft carrying persons or
  property for compensation or hire.





  Sec. 91.317  Provisionally certificated civil aircraft: Operating
    limitations.

    (a) No person may operate a provisionally certificated civil aircraft
  unless that person is eligible for a provisional airworthiness certificate
  under Sec. 21.213 of this chapter.
    (b) No person may operate a provisionally certificated civil aircraft
  outside the United States unless that person has specific authority to do so
  from the Administrator and each foreign country involved.
    (c) Unless otherwise authorized by the Director, Flight Standards Service,
  no person may operate a provisionally certificated civil aircraft in air
  transportation.
    (d) Unless otherwise authorized by the Administrator, no person may operate
  a provisionally certificated civil aircraft except--
    (1) In direct conjunction with the type or supplemental type certification
  of that aircraft;
    (2) For training flight crews, including simulated air carrier operations;
    (3) Demonstration flight by the manufacturer for prospective purchasers;
    (4) Market surveys by the manufacturer;
    (5) Flight checking of instruments, accessories, and equipment that do not
  affect the basic airworthiness of the aircraft; or
    (6) Service testing of the aircraft.
    (e) Each person operating a provisionally certificated civil aircraft shall
  operate within the prescribed limitations displayed in the aircraft or set
  forth in the provisional aircraft flight manual or other appropriate
  document. However, when operating in direct conjunction with the type or
  supplemental type certification of the aircraft, that person shall operate
  under the experimental aircraft limitations of Sec. 21.191 of this chapter
  and when flight testing, shall operate under the requirements of Sec. 91.305
  of this part.
    (f) Each person operating a provisionally certificated civil aircraft shall
  establish approved procedures for--
    (1) The use and guidance of flight and ground personnel in operating under
  this section; and
    (2) Operating in and out of airports where takeoffs or approaches over
  populated areas are necessary. No person may operate that aircraft except in
  compliance with the approved procedures.
    (g) Each person operating a provisionally certificated civil aircraft shall
  ensure that each flight crewmember is properly certificated and has adequate
  knowledge of, and familiarity with, the aircraft and procedures to be used by
  that crewmember.
    (h) Each person operating a provisionally certificated civil aircraft shall
  maintain it as required by applicable regulations and as may be specially
  prescribed by the Administrator.
    (i) Whenever the manufacturer, or the Administrator, determines that a
  change in design, construction, or operation is necessary to ensure safe
  operation, no person may operate a provisionally certificated civil aircraft
  until that change has been made and approved. Section 21.99 of this chapter
  applies to operations under this section.
    (j) Each person operating a provisionally certificated civil aircraft--
    (1) May carry in that aircraft only persons who have a proper interest in
  the operations allowed by this section or who are specifically authorized by
  both the manufacturer and the Administrator; and
    (2) Shall advise each person carried that the aircraft is provisionally
  certificated.
    (k) The Administrator may prescribe additional limitations or procedures
  that the Administrator considers necessary, including limitations on the
  number of persons who may be carried in the aircraft.

  (Approved by the Office of Management and Budget under OMB control number
  2120-0005)

  [Doc. No. 18334, 54 FR 34292, Aug. 18, 1989, as amended by Amdt. 91-212, 54
  FR 39293, Sept. 25, 1989]




  Sec. 91.319  Aircraft having experimental certificates: Operating
    limitations.

    (a) No person may operate an aircraft that has an experimental
  certificate--
    (1) For other than the purpose for which the certificate was issued; or
    (2) Carrying persons or property for compensation or hire.
    (b) No person may operate an aircraft that has an experimental certificate
  outside of an area assigned by the Administrator until it is shown that--
    (1) The aircraft is controllable throughout its normal range of speeds and
  throughout all the maneuvers to be executed; and
    (2) The aircraft has no hazardous operating characteristics or design
  features.
    (c) Unless otherwise authorized by the Administrator in special operating
  limitations, no person may operate an aircraft that has an experimental
  certificate over a densely populated area or in a congested airway. The
  Administrator may issue special operating limitations for particular aircraft
  to permit takeoffs and landings to be conducted over a densely populated area
  or in a congested airway, in accordance with terms and conditions specified
  in the authorization in the interest of safety in air commerce.
    (d) Each person operating an aircraft that has an experimental certificate
  shall--
    (1) Advise each person carried of the experimental nature of the aircraft;
    (2) Operate under VFR, day only, unless otherwise specifically authorized
  by the Administrator; and
    (3) Notify the control tower of the experimental nature of the aircraft
  when operating the aircraft into or out of airports with operating control
  towers.
    (e) The Administrator may prescribe additional limitations that the
  Administrator considers necessary, including limitations on the persons that
  may be carried in the aircraft.

  (Approved by the Office of Management and Budget under OMB control number
  2120-0005)




  Sec. 91.321  Carriage of candidates in Federal elections.

    (a) An aircraft operator, other than one operating an aircraft under the
  rules of part 121, 125, or 135 of this chapter, may receive payment for the
  carriage of a candidate in a Federal election, an agent of the candidate, or
  a person traveling on behalf of the candidate, if--
    (1) That operator's primary business is not as an air carrier or commercial
  operator;
    (2) The carriage is conducted under the rules of this part 91; and
    (3) The payment for the carriage is required, and does not exceed the
  amount required to be paid, by regulations of the Federal Election Commission
  (11 CFR et seq.).
    (b) For the purposes of this section, the terms "candidate" and "election"
  have the same meaning as that set forth in the regulations of the Federal
  Election Commission.




  Sec. 91.323  Increased maximum certificated weights for certain airplans
    operated in Alaska.

    (a) Notwithstanding any other provision of the Federal Aviation
  Regulations, the Administrator will approve, as provided in this section, an
  increase in the maximum certificated weight of an airplane type certificated
  under Aeronautics Bulletin No. 7-A of the U.S. Department of Commerce dated
  January 1, 1931, as amended, or under the normal category of part 4a of the
  former Civil Air Regulations (14 CFR Part 4a, 1964 ed.) if that airplane is
  operated in the State of Alaska by--
    (1) An air taxi operator or other air carrier; or
    (2) The U.S. Department of Interior in conducting its game and fish law
  enforcement activities or its management, fire detection, and fire
  suppression activities concerning public lands.
    (b) The maximum certificated weight approved under this section may not
  exceed--
    (1) 12,500 pounds;
    (2) 115 percent of the maximum weight listed in the FAA aircraft
  specifications;
    (3) The weight at which the airplane meets the positive maneuvering load
  factor requirement for the normal category specified in Sec. 23.337 of this
  chapter; or
    (4) The weight at which the airplane meets the climb performance
  requirements under which it was type certificated.
    (c) In determining the maximum certificated weight, the Administrator
  considers the structural soundness of the airplane and the terrain to be
  traversed.
    (d) The maximum certificated weight determined under this section is added
  to the airplane's operation limitations and is identified as the maximum
  weight authorized for operations within the State of Alaska.

  [Doc. No. 18334, 54 FR 34308, Aug. 18, 1989; 54 FR 41211, Oct. 5, 1989]




  Sec. 91.325  Primary Category Aircraft: Operating limitations.

    (a) No person may operate a primary category aircraft carrying persons or
  property for compensation or hire.
    (b) No person may operate a primary category aircraft that is maintained by
  the pilot-owner under an approved special inspection and maintenance program
  except--
    (1) The pilot-owner; or
    (2) A designee of the pilot-owner, provided that the pilot-owner does not
  receive compensation for the use of the aircraft.

  [Amdt. 91-230, 57 FR 41370, Sept. 9, 1992]





  Secs. 91.326--91.399  [Reserved]



         Subpart E--Maintenance, Preventive Maintenance, and Alterations

    Source: 54 FR 34291, Aug. 18, 1989, unless otherwise noted.

  Sec. 91.401  Applicability.

    (a) This subpart prescribes rules governing the maintenance, preventive
  maintenance, and alterations of U.S.-registered civil aircraft operating
  within or outside of the United States.
    (b) Sections 91.405, 91.409, 91.411, 91.417, and 91.419 of this subpart do
  not apply to an aircraft maintained in accordance with a continuous
  airworthiness maintenance program as provided in part 121, 127, 129, or Sec.
  135.411(a)(2) of this chapter.
    (c) Sections 91.405 and 91.409 of this part do not apply to an airplane
  inspected in accordance with part 125 of this chapter.





  Sec. 91.403  General.

    (a) The owner or operator of an aircraft is primarily responsible for
  maintaining that aircraft in an airworthy condition, including compliance
  with part 39 of this chapter.
    (b) No person may perform maintenance, preventive maintenance, or
  alterations on an aircraft other than as prescribed in this subpart and other
  applicable regulations, including part 43 of this chapter.
    (c) No person may operate an aircraft for which a manufacturer's
  maintenance manual or instructions for continued airworthiness has been
  issued that contains an airworthiness limitations section unless the
  mandatory replacement times, inspection intervals, and related procedures
  specified in that section or alternative inspection intervals and related
  procedures set forth in an operations specification approved by the
  Administrator under part 121, 127 or 135 of this chapter or in accordance
  with an inspection program approved under Sec. 91.409(e) have been complied
  with.

 



  Sec. 91.405  Maintenance required.

    Each owner or operator of an aircraft--
    (a) Shall have that aircraft inspected as prescribed in subpart E of this
  part and shall between required inspections, except as provided in paragraph
  (c) of this section, have discrepancies repaired as prescribed in part 43 of
  this chapter;
    (b) Shall ensure that maintenance personnel make appropriate entries in the
  aircraft maintenance records indicating the aircraft has been approved for
  return to service;
    (c) Shall have any inoperative instrument or item of equipment, permitted
  to be inoperative by Sec. 91.213(d)(2) of this part, repaired, replaced,
  removed, or inspected at the next required inspection; and
    (d) When listed discrepancies include inoperative instruments or equipment,
  shall ensure that a placard has been installed as required by Sec. 43.11 of
  this chapter.




  Sec. 91.407  Operation after maintenance, preventive maintenance, rebuiding,
    or alteration.

    (a) No person may operate any aircraft that has undergone maintenance,
  preventive maintenance, rebuilding, or alteration unless--
    (1) It has been approved for return to service by a person authorized under
  Sec. 43.7 of this chapter; and
    (2) The maintenance record entry required by Sec. 43.9 or Sec. 43.11, as
  applicable, of this chapter has been made.
    (b) No person may carry any person (other than crewmembers) in an aircraft
  that has been maintained, rebuilt, or altered in a manner that may have
  appreciably changed its flight characteristics or substantially affected its
  operation in flight until an appropriately rated pilot with at least a
  private pilot certificate flies the aircraft, makes an operational check of
  the maintenance performed or alteration made, and logs the flight in the
  aircraft records.
    (c) The aircraft does not have to be flown as required by paragraph (b) of
  this section if, prior to flight, ground tests, inspection, or both show
  conclusively that the maintenance, preventive maintenance, rebuilding, or
  alteration has not appreciably changed the flight characteristics or
  substantially affected the flight operation of the aircraft.

  (Approved by the Office of Management and Budget under OMB control number
  2120-0005)




  Sec. 91.409  Inspections.

    (a) Except as provided in paragraph (c) of this section, no person may
  operate an aircraft unless, within the preceding 12 calendar months, it has
  had--
    (1) An annual inspection in accordance with part 43 of this chapter and has
  been approved for return to service by a person authorized by Sec. 43.7 of
  this chapter; or
    (2) An inspection for the issuance of an airworthiness certificate in
  accordance with part 21 of this chapter.

  No inspection performed under paragraph (b) of this section may be
  substituted for any inspection required by this paragraph unless it is
  performed by a person authorized to perform annual inspections and is entered
  as an "annual" inspection in the required maintenance records.
    (b) Except as provided in paragraph (c) of this section, no person may
  operate an aircraft carrying any person (other than a crewmember) for hire,
  and no person may give flight instruction for hire in an aircraft which that
  person provides, unless within the preceding 100 hours of time in service the
  aircraft has received an annual or 100-hour inspection and been approved for
  return to service in accordance with part 43 of this chapter or has received
  an inspection for the issuance of an airworthiness certificate in accordance
  with part 21 of this chapter. The 100-hour limitation may be exceeded by not
  more than 10 hours while en route to reach a place where the inspection can
  be done. The excess time used to reach a place where the inspection can be
  done must be included in computing the next 100 hours of time in service.
    (c) Paragraphs (a) and (b) of this section do not apply to--
    (1) An aircraft that carries a special flight permit, a current
  experimental certificate, or a provisional airworthiness certificate;
    (2) An aircraft inspected in accordance with an approved aircraft
  inspection program under part 125, 127, or 135 of this chapter and so
  identified by the registration number in the operations specifications of the
  certificate holder having the approved inspection program;
    (3) An aircraft subject to the requirements of paragraph (d) or (e) of this
  section; or
    (4) Turbine-powered rotorcraft when the operator elects to inspect that
  rotorcraft in accordance with paragraph (e) of this section.
    (d) Progressive inspection. Each registered owner or operator of an
  aircraft desiring to use a progressive inspection program must submit a
  written request to the FAA Flight Standards district office having
  jurisdiction over the area in which the applicant is located, and shall
  provide--
    (1) A certificated mechanic holding an inspection authorization, a
  certificated airframe repair station, or the manufacturer of the aircraft to
  supervise or conduct the progressive inspection;
    (2) A current inspection procedures manual available and readily
  understandable to pilot and maintenance personnel containing, in detail--
    (i) An explanation of the progressive inspection, including the continuity
  of inspection responsibility, the making of reports, and the keeping of
  records and technical reference material;
    (ii) An inspection schedule, specifying the intervals in hours or days when
  routine and detailed inspections will be performed and including instructions
  for exceeding an inspection interval by not more than 10 hours while en route
  and for changing an inspection interval because of service experience;
    (iii) Sample routine and detailed inspection forms and instructions for
  their use; and
    (iv) Sample reports and records and instructions for their use;
    (3) Enough housing and equipment for necessary disassembly and proper
  inspection of the aircraft; and
    (4) Appropriate current technical information for the aircraft.

  The frequency and detail of the progressive inspection shall provide for the
  complete inspection of the aircraft within each 12 calendar months and be
  consistent with the manufacturer's recommendations, field service experience,
  and the kind of operation in which the aircraft is engaged. The progressive
  inspection schedule must ensure that the aircraft, at all times, will be
  airworthy and will conform to all applicable FAA aircraft specifications,
  type certificate data sheets, airworthiness directives, and other approved
  data. If the progressive inspection is discontinued, the owner or operator
  shall immediately notify the local FAA Flight Standards district office, in
  writing, of the discontinuance. After the discontinuance, the first annual
  inspection under Sec. 91.409(a)(1) is due within 12 calendar months after the
  last complete inspection of the aircraft under the progressive inspection.
  The 100-hour inspection under Sec. 91.409(b) is due within 100 hours after
  that complete inspection. A complete inspection of the aircraft, for the
  purpose of determining when the annual and 100-hour inspections are due,
  requires a detailed inspection of the aircraft and all its components in
  accordance with the progressive inspection. A routine inspection of the
  aircraft and a detailed inspection of several components is not considered to
  be a complete inspection.
    (e) Large airplanes (to which part 125 is not applicable), turbojet
  multiengine airplanes, turbopropeller-powered multiengine airplanes, and
  turbine-powered rotorcraft. No person may operate a large airplane, turbojet
  multiengine airplane, turbopropeller-powered multiengine airplane, or
  turbine-powered rotorcraft unless the replacement times for life-limited
  parts specified in the aircraft specifications, type data sheets, or other
  documents approved by the Administrator are complied with and the airplane or
  turbine-powered rotorcraft, including the airframe, engines, propellers,
  rotors, appliances, survival equipment, and emergency equipment, is inspected
  in accordance with an inspection program selected under the provisions of
  paragraph (f) of this section, except that, the owner or operator of a
  turbine-powered rotorcraft may elect to use the inspection provisions of Sec.
  91.409(a), (b), (c), or (d) in lieu of an inspection option of Sec.
  91.409(f).
    (f) Selection of inspection program under paragraph (e) of this section.
  The registered owner or operator of each airplane or turbine-powered
  rotorcraft described in paragraph (e) of this section must select, identify
  in the aircraft maintenance records, and use one of the following programs
  for the inspection of the aircraft:
    (1) A continuous airworthiness inspection program that is part of a
  continuous airworthiness maintenance program currently in use by a person
  holding an air carrier operating certificate or an operating certificate
  issued under part 121, 127, or 135 of this chapter and operating that make
  and model aircraft under part 121 of this chapter or operating that make and
  model under part 135 of this chapter and maintaining it under Sec.
  135.411(a)(2) of this chapter.
    (2) An approved aircraft inspection program approved under Sec. 135.419 of
  this chapter and currently in use by a person holding an operating
  certificate issued under part 135 of this chapter.
    (3) A current inspection program recommended by the manufacturer.
    (4) Any other inspection program established by the registered owner or
  operator of that airplane or turbine-powered rotorcraft and approved by the
  Administrator under paragraph (g) of this section. However, the Administrator
  may require revision of this inspection program in accordance with the
  provisions of Sec. 91.415.

  Each operator shall include in the selected program the name and address of
  the person responsible for scheduling the inspections required by the program
  and make a copy of that program available to the person performing
  inspections on the aircraft and, upon request, to the Administrator.
    (g) Inspection program approved under paragraph (e) of this section. Each
  operator of an airplane or turbine-powered rotorcraft desiring to establish
  or change an approved inspection program under paragraph (f)(4) of this
  section must submit the program for approval to the local FAA Flight
  Standards district office having jurisdiction over the area in which the
  aircraft is based. The program must be in writing and include at least the
  following information:
    (1) Instructions and procedures for the conduct of inspections for the
  particular make and model airplane or turbine-powered rotorcraft, including
  necessary tests and checks. The instructions and procedures must set forth in
  detail the parts and areas of the airframe, engines, propellers, rotors, and
  appliances, including survival and emergency equipment required to be
  inspected.
    (2) A schedule for performing the inspections that must be performed under
  the program expressed in terms of the time in service, calendar time, number
  of system operations, or any combination of these.
    (h) Changes from one inspection program to another. When an operator
  changes from one inspection program under paragraph (f) of this section to
  another, the time in service, calendar times, or cycles of operation
  accumulated under the previous program must be applied in determining
  inspection due times under the new program.

  (Approved by the Office of Management and Budget under OMB control number
  2120-0005)

  [Doc No. 18334, 54 FR 34311, Aug. 18, 1989; 54 FR 41211, Oct. 5, 1989]




  Sec. 91.411  Altimeter system and altitude reporting equipment tests an
    inspections.

    (a) No person may operate an airplane, or helicopter, in controlled
  airspace under IFR unless--
    (1) Within the preceding 24 calendar months, each static pressure system,
  each altimeter instrument, and each automatic pressure altitude reporting
  system has been tested and inspected and found to comply with appendix E of
  part 43 of this chapter;
    (2) Except for the use of system drain and alternate static pressure
  valves, following any opening and closing of the static pressure system, that
  system has been tested and inspected and found to comply with paragraph (a),
  appendices E and F, of part 43 of this chapter; and
    (3) Following installation or maintenance on the automatic pressure
  altitude reporting system of the ATC transponder where data correspondence
  error could be introduced, the integrated system has been tested, inspected,
  and found to comply with paragraph (c), appendix E, of part 43 of this
  chapter.
    (b) The tests required by paragraph (a) of this section must be conducted
  by--
    (1) The manufacturer of the airplane, or helicopter, on which the tests and
  inspections are to be performed;
    (2) A certificated repair station properly equipped to perform those
  functions and holding--
    (i) An instrument rating, Class I;
    (ii) A limited instrument rating appropriate to the make and model of
  appliance to be tested;
    (iii) A limited rating appropriate to the test to be performed;
    (iv) An airframe rating appropriate to the airplane, or helicopter, to be
  tested; or
    (v) A limited rating for a manufacturer issued for the appliance in
  accordance with Sec. 145.101(b)(4) of this chapter; or
    (3) A certificated mechanic with an airframe rating (static pressure system
  tests and inspections only).
    (c) Altimeter and altitude reporting equipment approved under Technical
  Standard Orders are considered to be tested and inspected as of the date of
  their manufacture.
    (d) No person may operate an airplane, or helicopter, in controlled
  airspace under IFR at an altitude above the maximum altitude at which all
  altimeters and the automatic altitude reporting system of that airplane, or
  helicopter, have been tested.




  Sec. 91.413  ATC transponder tests and inspections.

    (a) No persons may use an ATC transponder that is specified in 91.215(a),
  121.345(c), 127.123(b), or Sec. 135.143(c) of this chapter unless, within the
  preceding 24 calendar months, the ATC transponder has been tested and
  inspected and found to comply with appendix F of part 43 of this chapter; and
    (b) Following any installation or maintenance on an ATC transponder where
  data correspondence error could be introduced, the integrated system has been
  tested, inspected, and found to comply with paragraph (c), appendix E, of
  part 43 of this chapter.
    (c) The tests and inspections specified in this section must be conducted
  by--
    (1) A certificated repair station properly equipped to perform those
  functions and holding--
    (i) A radio rating, Class III;
    (ii) A limited radio rating appropriate to the make and model transponder
  to be tested;
    (iii) A limited rating appropriate to the test to be performed;
    (iv) A limited rating for a manufacturer issued for the transponder in
  accordance with Sec. 145.101(b)(4) of this chapter; or
    (2) A holder of a continuous airworthiness maintenance program as provided
  in part 121, 127 or Sec. 135.411(a)(2) of this chapter; or
    (3) The manufacturer of the aircraft on which the transponder to be tested
  is installed, if the transponder was installed by that manufacturer.





  Sec. 91.415  Changes to aircraft inspection programs.

    (a) Whenever the Administrator finds that revisions to an approved aircraft
  inspection program under Sec. 91.409(f)(4) are necessary for the continued
  adequacy of the program, the owner or operator shall, after notification by
  the Administrator, make any changes in the program found to be necessary by
  the Administrator.
    (b) The owner or operator may petition the Administrator to reconsider the
  notice to make any changes in a program in accordance with paragraph (a) of
  this section.
    (c) The petition must be filed with the FAA Flight Standards district
  office which requested the change to the program within 30 days after the
  certificate holder receives the notice.
    (d) Except in the case of an emergency requiring immediate action in the
  interest of safety, the filing of the petition stays the notice pending a
  decision by the Administrator.




  Sec. 91.417  Maintenance records.

    (a) Except for work performed in accordance with Secs. 91.411 and 91.413,
  each registered owner or operator shall keep the following records for the
  periods specified in paragraph (b) of this section:
    (1) Records of the maintenance, preventive maintenance, and alteration and
  records of the 100-hour, annual, progressive, and other required or approved
  inspections, as appropriate, for each aircraft (including the airframe) and
  each engine, propeller, rotor, and appliance of an aircraft. The records must
  include--
    (i) A description (or reference to data acceptable to the Administrator) of
  the work performed; and
    (ii) The date of completion of the work performed; and
    (iii) The signature, and certificate number of the person approving the
  aircraft for return to service.
    (2) Records containing the following information:
    (i) The total time in service of the airframe, each engine, each propeller,
  and each rotor.
    (ii) The current status of life-limited parts of each airframe, engine,
  propeller, rotor, and appliance.
    (iii) The time since last overhaul of all items installed on the aircraft
  which are required to be overhauled on a specified time basis.
    (iv) The current inspection status of the aircraft, including the time
  since the last inspection required by the inspection program under which the
  aircraft and its appliances are maintained.
    (v) The current status of applicable airworthiness directives (AD)
  including, for each, the method of compliance, the AD number, and revision
  date. If the AD involves recurring action, the time and date when the next
  action is required.
    (vi) Copies of the forms prescribed by Sec. 43.9(a) of this chapter for
  each major alteration to the airframe and currently installed engines,
  rotors, propellers, and appliances.
    (b) The owner or operator shall retain the following records for the
  periods prescribed:
    (1) The records specified in paragraph (a)(1) of this section shall be
  retained until the work is repeated or superseded by other work or for 1 year
  after the work is performed.
    (2) The records specified in paragraph (a)(2) of this section shall be
  retained and transferred with the aircraft at the time the aircraft is sold.
    (3) A list of defects furnished to a registered owner or operator under
  Sec. 43.11 of this chapter shall be retained until the defects are repaired
  and the aircraft is approved for return to service.
    (c) The owner or operator shall make all maintenance records required to be
  kept by this section available for inspection by the Administrator or any
  authorized representative of the National Transportation Safety Board (NTSB).
  In addition, the owner or operator shall present Form 337 described in
  paragraph (d) of this section for inspection upon request of any law
  enforcement officer.
    (d) When a fuel tank is installed within the passenger compartment or a
  baggage compartment pursuant to part 43 of this chapter, a copy of FAA Form
  337 shall be kept on board the modified aircraft by the owner or operator.

  (Approved by the Office of Management and Budget under OMB control number
  2120-0005)




  Sec. 91.419  Transfer of maintenance records.

    Any owner or operator who sells a U.S.-registered aircraft shall transfer
  to the purchaser, at the time of sale, the following records of that
  aircraft, in plain language form or in coded form at the election of the
  purchaser, if the coded form provides for the preservation and retrieval of
  information in a manner acceptable to the Administrator:
    (a) The records specified in Sec. 91.417(a)(2).
    (b) The records specified in Sec. 91.417(a)(1) which are not included in
  the records covered by paragraph (a) of this section, except that the
  purchaser may permit the seller to keep physical custody of such records.
  However, custody of records by the seller does not relieve the purchaser of
  the responsibility under Sec. 91.417(c) to make the records available for
  inspection by the Administrator or any authorized representative of the
  National Transportation Safety Board (NTSB).




  Sec. 91.421  Rebuilt engine maintenance records.

   (a) The owner or operator may use a new maintenance record, without
  previous operating history, for an aircraft engine rebuilt by the
  manufacturer or by an agency approved by the manufacturer.
    (b) Each manufacturer or agency that grants zero time to an engine rebuilt
  by it shall enter in the new record--
    (1) A signed statement of the date the engine was rebuilt;
    (2) Each change made as required by airworthiness directives; and
    (3) Each change made in compliance with manufacturer's service bulletins,
  if the entry is specifically requested in that bulletin.
    (c) For the purposes of this section, a rebuilt engine is a used engine
  that has been completely disassembled, inspected, repaired as necessary,
  reassembled, tested, and approved in the same manner and to the same
  tolerances and limits as a new engine with either new or used parts. However,
  all parts used in it must conform to the production drawing tolerances and
  limits for new parts or be of approved oversized or undersized dimensions for
  a new engine.




  Secs. 91.423--91.499  [Reserved]






           Subpart F--Large and Turbine-Powered Multiengine Airplanes

    Source: Docket No. 18334, 54 FR 34314, Aug. 18, 1989, unless otherwise
  noted.




  Sec. 91.501  Applicability.

    (a) This subpart prescribes operating rules, in addition to those
  prescribed in other subparts of this part, governing the operation of large
  and of turbojet-powered multiengine civil airplanes of U.S. registry. The
  operating rules in this subpart do not apply to those airplanes when they are
  required to be operated under parts 121, 125, 129, 135, and 137 of this
  chapter. (Section 91.409 prescribes an inspection program for large and for
  turbine-powered (turbojet and turboprop) multiengine airplanes of U.S.
  registry when they are operated under this part or part 129 or 137.)
    (b) Operations that may be conducted under the rules in this subpart
  instead of those in parts 121, 129, 135, and 137 of this chapter when common
  carriage is not involved, include--
    (1) Ferry or training flights;
    (2) Aerial work operations such as aerial photography or survey, or
  pipeline patrol, but not including fire fighting operations;
    (3) Flights for the demonstration of an airplane to prospective customers
  when no charge is made except for those specified in paragraph (d) of this
  section;
    (4) Flights conducted by the operator of an airplane for his personal
  transportation, or the transportation of his guests when no charge,
  assessment, or fee is made for the transportation;
    (5) Carriage of officials, employees, guests, and property of a company on
  an airplane operated by that company, or the parent or a subsidiary of the
  company or a subsidiary of the parent, when the carriage is within the scope
  of, and incidental to, the business of the company (other than transportation
  by air) and no charge, assessment or fee is made for the carriage in excess
  of the cost of owning, operating, and maintaining the airplane, except that
  no charge of any kind may be made for the carriage of a guest of a company,
  when the carriage is not within the scope of, and incidental to, the business
  of that company;
    (6) The carriage of company officials, employees, and guests of the company
  on an airplane operated under a time sharing, interchange, or joint ownership
  agreement as defined in paragraph (c) of this section;
    (7) The carriage of property (other than mail) on an airplane operated by a
  person in the furtherance of a business or employment (other than
  transportation by air) when the carriage is within the scope of, and
  incidental to, that business or employment and no charge, assessment, or fee
  is made for the carriage other than those specified in paragraph (d) of this
  section;
    (8) The carriage on an airplane of an athletic team, sports group, choral
  group, or similar group having a common purpose or objective when there is no
  charge, assessment, or fee of any kind made by any person for that carriage;
  and
    (9) The carriage of persons on an airplane operated by a person in the
  furtherance of a business other than transportation by air for the purpose of
  selling them land, goods, or property, including franchises or
  distributorships, when the carriage is within the scope of, and incidental
  to, that business and no charge, assessment, or fee is made for that
  carriage.
    (c) As used in this section--
    (1) A "time sharing agreement" means an arrangement whereby a person leases
  his airplane with flight crew to another person, and no charge is made for
  the flights conducted under that arrangement other than those specified in
  paragraph (d) of this section;
    (2) An "interchange agreement" means an arrangement whereby a person leases
  his airplane to another person in exchange for equal time, when needed, on
  the other person's airplane, and no charge, assessment, or fee is made,
  except that a charge may be made not to exceed the difference between the
  cost of owning, operating, and maintaining the two airplanes;
    (3) A "joint ownership agreement" means an arrangement whereby one of the
  registered joint owners of an airplane employs and furnishes the flight crew
  for that airplane and each of the registered joint owners pays a share of the
  charge specified in the agreement.
    (d) The following may be charged, as expenses of a specific flight, for
  transportation as authorized by paragraphs (b) (3) and (7) and (c)(1) of this
  section:
    (1) Fuel, oil, lubricants, and other additives.
    (2) Travel expenses of the crew, including food, lodging, and ground
  transportation.
    (3) Hangar and tie-down costs away from the aircraft's base of operation.
    (4) Insurance obtained for the specific flight.
    (5) Landing fees, airport taxes, and similar assessments.
    (6) Customs, foreign permit, and similar fees directly related to the
  flight.
    (7) In flight food and beverages.
    (8) Passenger ground transportation.
    (9) Flight planning and weather contract services.
    (10) An additional charge equal to 100 percent of the expenses listed in
  paragraph (d)(1) of this section.






  Sec. 91.503  Flying equipment and operating information.

    (a) The pilot in command of an airplane shall ensure that the following
  flying equipment and aeronautical charts and data, in current and appropriate
  form, are accessible for each flight at the pilot station of the airplane:
    (1) A flashlight having at least two size "D" cells, or the equivalent,
  that is in good working order.
    (2) A cockpit checklist containing the procedures required by paragraph (b)
  of this section.
    (3) Pertinent aeronautical charts.
    (4) For IFR, VFR over-the-top, or night operations, each pertinent
  navigational en route, terminal area, and approach and letdown chart.
    (5) In the case of multiengine airplanes, one-engine inoperative climb
  performance data.
    (b) Each cockpit checklist must contain the following procedures and shall
  be used by the flight crewmembers when operating the airplane:
    (1) Before starting engines.
    (2) Before takeoff.
    (3) Cruise.
    (4) Before landing.
    (5) After landing.
    (6) Stopping engines.
    (7) Emergencies.
    (c) Each emergency cockpit checklist procedure required by paragraph (b)(7)
  of this section must contain the following procedures, as appropriate:
    (1) Emergency operation of fuel, hydraulic, electrical, and mechanical
  systems.
    (2) Emergency operation of instruments and controls.
    (3) Engine inoperative procedures.
    (4) Any other procedures necessary for safety.
    (d) The equipment, charts, and data prescribed in this section shall be
  used by the pilot in command and other members of the flight crew, when
  pertinent.






  Sec. 91.505  Familiarity with operating limitations and emergency equipent.

    (a) Each pilot in command of an airplane shall, before beginning a flight,
  become familiar with the Airplane Flight Manual for that airplane, if one is
  required, and with any placards, listings, instrument markings, or any
  combination thereof, containing each operating limitation prescribed for that
  airplane by the Administrator, including those specified in Sec. 91.9(b).
    (b) Each required member of the crew shall, before beginning a flight,
  become familiar with the emergency equipment installed on the airplane to
  which that crewmember is assigned and with the procedures to be followed for
  the use of that equipment in an emergency situation.






  Sec. 91.507  Equipment requirements: Over-the-top or night VFR operatios.

    No person may operate an airplane over-the-top or at night under VFR unless
  that airplane is equipped with the instruments and equipment required for IFR
  operations under Sec. 91.205(d) and one electric landing light for night
  operations. Each required instrument and item of equipment must be in
  operable condition.






  Sec. 91.509  Survival equipment for overwater operations.

    (a) No person may take off an airplane for a flight over water more than 50
  nautical miles from the nearest shore unless that airplane is equipped with a
  life preserver or an approved flotation means for each occupant of the
  airplane.
    (b) No person may take off an airplane for a flight over water more than 30
  minutes flying time or 100 nautical miles from the nearest shore unless it
  has on board the following survival equipment:
    (1) A life preserver, equipped with an approved survivor locator light, for
  each occupant of the airplane.
    (2) Enough liferafts (each equipped with an approved survival locator
  light) of a rated capacity and buoyancy to accommodate the occupants of the
  airplane.
    (3) At least one pyrotechnic signaling device for each liferaft.
    (4) One self-buoyant, water-resistant, portable emergency radio signaling
  device that is capable of transmission on the appropriate emergency frequency
  or frequencies and not dependent upon the airplane power supply.
    (5) A lifeline stored in accordance with Sec. 25.1411(g) of this chapter.
    (c) The required liferafts, life preservers, and signaling devices must be
  installed in conspicuously marked locations and easily accessible in the
  event of a ditching without appreciable time for preparatory procedures.
    (d) A survival kit, appropriately equipped for the route to be flown, must
  be attached to each required liferaft.
    (e) As used in this section, the term shore means that area of the land
  adjacent to the water which is above the high water mark and excludes land
  areas which are intermittently under water.






  Sec. 91.511  Radio equipment for overwater operations.

    (a) Except as provided in paragraphs (c), (d), and (f) of this section, no   
person  may take off an airplane for a flight over water more than 30 minutes   
flying time or 100 nautical miles from the nearest shore unless it has at least   
the following operable equipment:
    (1) Radio communication equipment appropriate to the facilities to be used
  and able to transmit to, and receive from, any place on the route, at least
  one surface facility:
    (i) Two transmitters.
    (ii) Two microphones.
    (iii) Two headsets or one headset and one speaker.
    (iv) Two independent receivers.
    (2) Appropriate electronic navigational equipment consisting of at least
  two independent electronic navigation units capable of providing the pilot
  with the information necessary to navigate the airplane within the airspace
  assigned by air traffic control. However, a receiver that can receive both
  communications and required navigational signals may be used in place of a
  separate communications receiver and a separate navigational signal receiver
  or unit.
    (b) For the purposes of paragraphs (a)(1)(iv) and (a)(2) of this section, a
  receiver or electronic navigation unit is independent if the function of any
  part of it does not depend on the functioning of any part of another receiver
  or electronic navigation unit.
    (c) Notwithstanding the provisions of paragraph (a) of this section, a
  person may operate an airplane on which no passengers are carried from a
  place where repairs or replacement cannot be made to a place where they can
  be made, if not more than one of each of the dual items of radio
  communication and navigational equipment specified in paragraphs (a)(1) (i)
  through (iv) and (a)(2) of this section malfunctions or becomes inoperative.
    (d) Notwithstanding the provisions of paragraph (a) of this section, when
  both VHF and HF communications equipment are required for the route and the
  airplane has two VHF transmitters and two VHF receivers for communications,
  only one HF transmitter and one HF receiver is required for communications.
    (e) As used in this section, the term "shore" means that area of the land
  adjacent to the water which is above the high-water mark and excludes land
  areas which are intermittently under water.
    (f) Notwithstanding the requirements in paragraph (a)(2) of this section, a
  person may operate in the Gulf of Mexico, the Caribbean Sea, and the Atlantic
  Ocean west of a line which extends from 44 deg.47'00" N / 67 deg.00'00" W to
  39 deg.00'00" N / 67 deg.00'00" W to 38 deg.30'00" N / 60 deg.00'00" W south
  along the 60 deg.00'00" W longitude line to the point where the line
  intersects with the northern coast of South America, when:
    (1) A single long-range navigation system is installed, operational, and
  appropriate for the route; and
    (2) Flight conditions and the aircraft's capabilities are such that no more
  than a 30-minute gap in two-way radio very high frequency communications is
  expected to exist.




  Sec. 91.513  Emergency equipment.

    (a) No person may operate an airplane unless it is equipped with the
  emergency equipment listed in this section.
    (b) Each item of equipment--
    (1) Must be inspected in accordance with Sec. 91.409 to ensure its
  continued serviceability and immediate readiness for its intended purposes;
    (2) Must be readily accessible to the crew;
    (3) Must clearly indicate its method of operation; and
    (4) When carried in a compartment or container, must have that compartment
  or container marked as to contents and date of last inspection.
    (c) Hand fire extinguishers must be provided for use in crew, passenger,
  and cargo compartments in accordance with the following:
    (1) The type and quantity of extinguishing agent must be suitable for the
  kinds of fires likely to occur in the compartment where the extinguisher is
  intended to be used.
    (2) At least one hand fire extinguisher must be provided and located on or
  near the flight deck in a place that is readily accessible to the flight
  crew.
    (3) At least one hand fire extinguisher must be conveniently located in the
  passenger compartment of each airplane accommodating more than six but less
  than 31 passengers, and at least two hand fire extinguishers must be
  conveniently located in the passenger compartment of each airplane
  accommodating more than 30 passengers.
    (4) Hand fire extinguishers must be installed and secured in such a manner
  that they will not interfere with the safe operation of the airplane or
  adversely affect the safety of the crew and passengers. They must be readily
  accessible and, unless the locations of the fire extinguishers are obvious,
  their stowage provisions must be properly identified.
    (d) First aid kits for treatment of injuries likely to occur in flight or
  in minor accidents must be provided.
    (e) Each airplane accommodating more than 19 passengers must be equipped
  with a crash axe.
    (f) Each passenger-carrying airplane must have a portable battery-powered
  megaphone or megaphones readily accessible to the crewmembers assigned to
  direct emergency evacuation, installed as follows:
    (1) One megaphone on each airplane with a seating capacity of more than 60
  but less than 100 passengers, at the most rearward location in the passenger
  cabin where it would be readily accessible to a normal flight attendant seat.
  However, the Administrator may grant a deviation from the requirements of
  this subparagraph if the Administrator finds that a different location would
  be more useful for evacuation of persons during an emergency.
    (2) On each airplane with a seating capacity of 100 or more passengers, one
  megaphone installed at the forward end and one installed at the most rearward
  location where it would be readily accessible to a normal flight attendant
  seat.






  Sec. 91.515  Flight altitude rules.

    (a) Notwithstanding Sec. 91.119, and except as provided in paragraph (b) of
  this section, no person may operate an airplane under VFR at less than--
    (1) One thousand feet above the surface, or 1,000 feet from any mountain,
  hill, or other obstruction to flight, for day operations; and
    (2) The altitudes prescribed in Sec. 91.177, for night operations.
    (b) This section does not apply--
    (1) During takeoff or landing;
    (2) When a different altitude is authorized by a waiver to this section
  under subpart J of this part; or
    (3) When a flight is conducted under the special VFR weather minimums of
  Sec. 91.157 with an appropriate clearance from ATC.






  Sec. 91.517   Passenger information.

    (a) Except as provided in paragraph (b) of this section, no person may
  operate an airplane carrying passengers unless it is equipped with signs that
  are visible to passengers and flight attendants to notify them when smoking
  is prohibited and when safety belts must be fastened. The signs must be so
  constructed that the crew can turn them on and off. They must be turned on
  during airplane movement on the surface, for each takeoff, for each landing,
  and when otherwise considered to be necessary by the pilot in command.
    (b) The pilot in command of an airplane that is not required, in accordance
  with applicable aircraft and equipment requirements of this chapter, to be
  equipped as provided in paragraph (a) of this section shall ensure that the
  passengers are notified orally each time that it is necessary to fasten their
  safety belts and when smoking is prohibited.
    (c) If passenger information signs are installed, no passenger or
  crewmember may smoke while any "no smoking" sign is lighted nor may any
  passenger or crewmember smoke in any lavatory.
    (d) Each passenger required by Sec. 91.107(a)(3) to occupy a seat or berth
  shall fasten his or her safety belt about him or her and keep it fastened
  while any "fasten seat belt" sign is lighted.
    (e) Each passenger shall comply with instructions given him or her by
  crewmembers regarding compliance with paragraphs (b), (c), and (d) of this
  section.

  [Dkt. No. 26142, Amdt. 91-231, 57 FR 42672, Sept. 15, 1992]



  Sec. 91.519  Passenger briefing.

    (a) Before each takeoff the pilot in command of an airplane carrying
  passengers shall ensure that all passengers have been orally briefed on--
    (1) Smoking: Each passenger shall be briefed on when, where, and under what
  conditions smoking is prohibited. This briefing shall include a statement, as
  appropriate, that the Federal Aviation Regulations require passenger
  compliance with lighted passenger information signs and no smoking placards,
  prohibit smoking in lavatories, and require compliance with crewmember
  instructions with regard to these items;
    (2) Use of safety belts and shoulder harnesses: Each passenger shall be
  briefed on when, where, and under what conditions it is necessary to have his
  or her safety belt and, if installed, his or her shoulder harness fastened
  about him or her. This briefing shall include a statement, as appropriate,
  that Federal Aviation Regulations require passenger compliance with the
  lighted passenger sign and/or crewmember instructions with regard to these
  items;
    (3) Location and means for opening the passenger entry door and emergency
  exits;
    (4) Location of survival equipment;
    (5) Ditching procedures and the use of flotation equipment required under
  Sec. 91.509 for a flight over water; and
    (6) The normal and emergency use of oxygen equipment installed on the
  airplane.
    (b) The oral briefing required by paragraph (a) of this section shall be
  given by the pilot in command or a member of the crew, but need not be given
  when the pilot in command determines that the passengers are familiar with
  the contents of the briefing. It may be supplemented by printed cards for the
  use of each passenger containing--
    (1) A diagram of, and methods of operating, the emergency exits; and
    (2) Other instructions necessary for use of emergency equipment.
    (c) Each card used under paragraph (b) must be carried in convenient
  locations on the airplane for the use of each passenger and must contain
  information that is pertinent only to the type and model airplane on which it
  is used.

  [Dkt. No. 18334, Amdt. 91-211, 54 FR 34314, Aug. 18, 1989, as amended by
  Amdt. 91-231, 57 FR 42672, Sept. 15, 1992]





  Sec. 91.521  Shoulder harness.

    (a) No person may operate a transport category airplane that was type
  certificated after January 1, 1958, unless it is equipped at each seat at a
  flight deck station with a combined safety belt and shoulder harness that
  meets the applicable requirements specified in Sec. 25.785 of this chapter,
  except that--
    (1) Shoulder harnesses and combined safety belt and shoulder harnesses that
  were approved and installed before March 6, 1980, may continue to be used;
  and
    (2) Safety belt and shoulder harness restraint systems may be designed to
  the inertia load factors established under the certification basis of the
  airplane.
    (b) No person may operate a transport category airplane unless it is
  equipped at each required flight attendant seat in the passenger compartment
  with a combined safety belt and shoulder harness that meets the applicable
  requirements specified in Sec. 25.785 of this chapter, except that--
    (1) Shoulder harnesses and combined safety belt and shoulder harnesses that
  were approved and installed before March 6, 1980, may continue to be used;
  and
    (2) Safety belt and shoulder harness restraint systems may be designed to
  the inertia load factors established under the certification basis of the
  airplane.






  Sec. 91.523  Carry-on baggage.

    No pilot in command of an airplane having a seating capacity of more than
  19 passengers may permit a passenger to stow baggage aboard that airplane
  except--
    (a) In a suitable baggage or cargo storage compartment, or as provided in
  Sec. 91.525; or
    (b) Under a passenger seat in such a way that it will not slide forward
  under crash impacts severe enough to induce the ultimate inertia forces
  specified in Sec. 25.561(b)(3) of this chapter, or the requirements of the
  regulations under which the airplane was type certificated. Restraining
  devices must also limit sideward motion of under-seat baggage and be designed
  to withstand crash impacts severe enough to induce sideward forces specified
  in Sec. 25.561(b)(3) of this chapter.






  Sec. 91.525  Carriage of cargo.

    (a) No pilot in command may permit cargo to be carried in any airplane
  unless--
    (1) It is carried in an approved cargo rack, bin, or compartment installed
  in the airplane;
    (2) It is secured by means approved by the Administrator; or
    (3) It is carried in accordance with each of the following:
    (i) It is properly secured by a safety belt or other tiedown having enough
  strength to eliminate the possibility of shifting under all normally
  anticipated flight and ground conditions.
    (ii) It is packaged or covered to avoid possible injury to passengers.
    (iii) It does not impose any load on seats or on the floor structure that
  exceeds the load limitation for those components.
    (iv) It is not located in a position that restricts the access to or use of
  any required emergency or regular exit, or the use of the aisle between the
  crew and the passenger compartment.
    (v) It is not carried directly above seated passengers.
    (b) When cargo is carried in cargo compartments that are designed to
  require the physical entry of a crewmember to extinguish any fire that may
  occur during flight, the cargo must be loaded so as to allow a crewmember to
  effectively reach all parts of the compartment with the contents of a hand
  fire extinguisher.






  Sec. 91.527  Operating in icing conditions.

    (a) No pilot may take off an airplane that has--
    (1) Frost, snow, or ice adhering to any propeller, windshield, or
  powerplant installation or to an airspeed, altimeter, rate of climb, or
  flight attitude instrument system;
    (2) Snow or ice adhering to the wings or stabilizing or control surfaces;
  or
    (3) Any frost adhering to the wings or stabilizing or control surfaces,
  unless that frost has been polished to make it smooth.
    (b) Except for an airplane that has ice protection provisions that meet the
  requirements in section 34 of Special Federal Aviation Regulation No. 23, or
  those for transport category airplane type certification, no pilot may fly--
    (1) Under IFR into known or forecast moderate icing conditions; or
    (2) Under VFR into known light or moderate icing conditions unless the
  aircraft has functioning de-icing or anti-icing equipment protecting each
  propeller, windshield, wing, stabilizing or control surface, and each
  airspeed, altimeter, rate of climb, or flight attitude instrument system.
    (c) Except for an airplane that has ice protection provisions that meet the
  requirements in section 34 of Special Federal Aviation Regulation No. 23, or
  those for transport category airplane type certification, no pilot may fly an
  airplane into known or forecast severe icing conditions.
    (d) If current weather reports and briefing information relied upon by the
  pilot in command indicate that the forecast icing conditions that would
  otherwise prohibit the flight will not be encountered during the flight
  because of changed weather conditions since the forecast, the restrictions in
  paragraphs (b) and (c) of this section based on forecast conditions do not
  apply.






  Sec. 91.529  Flight engineer requirements.

    (a) No person may operate the following airplanes without a flight
  crewmember holding a current flight engineer certificate:
    (1) An airplane for which a type certificate was issued before January 2,
  1964, having a maximum certificated takeoff weight of more than 80,000
  pounds.
    (2) An airplane type certificated after January 1, 1964, for which a flight
  engineer is required by the type certification requirements.
    (b) No person may serve as a required flight engineer on an airplane
  unless, within the preceding 6 calendar months, that person has had at least
  50 hours of flight time as a flight engineer on that type airplane or has
  been checked by the Administrator on that type airplane and is found to be
  familiar and competent with all essential current information and operating
  procedures.






  Sec. 91.531  Second in command requirements.

    (a) Except as provided in paragraph (b) of this section, no person may
  operate the following airplanes without a pilot who is designated as second
  in command of that airplane:
    (1) A large airplane, except that a person may operate an airplane
  certificated under SFAR 41 without a pilot who is designated as second in
  command if that airplane is certificated for operation with one pilot.
    (2) A turbojet-powered multiengine airplane for which two pilots are
  required under the type certification requirements for that airplane.
    (3) A commuter category airplane, except that a person may operate a
  commuter category airplane notwithstanding paragraph (a)(1) of this section,
  that has a passenger seating configuration, excluding pilot seats, of nine or
  less without a pilot who is designated as second in command if that airplane
  is type certificated for operations with one pilot.
    (b) The Administrator may issue a letter of authorization for the operation
  of an airplane without compliance with the requirements of paragraph (a) of
  this section if that airplane is designed for and type certificated with only
  one pilot station. The authorization contains any conditions that the
  Administrator finds necessary for safe operation.
    (c) No person may designate a pilot to serve as second in command, nor may
  any pilot serve as second in command, of an airplane required under this
  section to have two pilots unless that pilot meets the qualifications for
  seoond in command prescribed in Sec. 61.55 of this chapter.






  Sec. 91.533  Flight attendant requirements.

    (a) No person may operate an airplane unless at least the following number
  of flight attendants are on board the airplane:
    (1) For airplanes having more than 19 but less than 51 passengers on board,
  one flight attendant.
    (2) For airplanes having more than 50 but less than 101 passengers on
  board, two flight attendants.
    (3) For airplanes having more than 100 passengers on board, two flight
  attendants plus one additional flight attendant for each unit (or part of a
  unit) of 50 passengers above 100.
    (b) No person may serve as a flight attendant on an airplane when required
  by paragraph (a) of this section unless that person has demonstrated to the
  pilot in command familiarity with the necessary functions to be performed in
  an emergency or a situation requiring emergency evacuation and is capable of
  using the emergency equipment installed on that airplane.






  Sec. 91.535   Stowage of food, beverage, and passenger service equipment
    during aircraft movement on the surface, takeoff, and landing.

    (a) No operator may move an aircraft on the surface, take off, or land when
  any food, beverage, or tableware furnished by the operator is located at any
  passenger seat.
    (b) No operator may move an aircraft on the surface, take off, or land
  unless each food and beverage tray and seat back tray table is secured in its
  stowed position.
    (c) No operator may permit an aircraft to move on the surface, take off, or
  land unless each passenger serving cart is secured in its stowed position.
    (d) No operator may permit an aircraft to move on the surface, take off, or
  land unless each movie screen that extends into the aisle is stowed.
    (e) Each passenger shall comply with instructions given by a crewmember
  with regard to compliance with this section.

  [Amdt. 91-231, 57 FR 42672, Sept. 15, 1992]




  Secs. 91.536--91.599  [Reserved]






    Subpart G--Additional Equipment and Operating Requirements for Large and
                           Transport Category Aircraft

    Source: Docket No. 18334, 54 FR 34318, Aug. 18, 1989, unless otherwise
  noted.




  Sec. 91.601  Applicability.

    This subpart applies to operation of large and transport category U.S.-
  registered civil aircraft.






  Sec. 91.603  Aural speed warning device.

    No person may operate a transport category airplane in air commerce unless
  that airplane is equipped with an aural speed warning device that complies
  with Sec. 25.1303(c)(1).






  Sec. 91.605  Transport category civil airplane weight limitations.

    (a) No person may take off any transport category airplane (other than a
  turbine-engine-powered airplane certificated after September 30, 1958)
  unless--
    (1) The takeoff weight does not exceed the authorized maximum takeoff
  weight for the elevation of the airport of takeoff;
    (2) The elevation of the airport of takeoff is within the altitude range
  for which maximum takeoff weights have been determined;
    (3) Normal consumption of fuel and oil in flight to the airport of intended
  landing will leave a weight on arrival not in excess of the authorized
  maximum landing weight for the elevation of that airport; and
    (4) The elevations of the airport of intended landing and of all specified
  alternate airports are within the altitude range for which the maximum
  landing weights have been determined.
    (b) No person may operate a turbine-engine-powered transport category
  airplane certificated after September 30, 1958, contrary to the Airplane
  Flight Manual, or take off that airplane unless--
    (1) The takeoff weight does not exceed the takeoff weight specified in the
  Airplane Flight Manual for the elevation of the airport and for the ambient
  temperature existing at the time of takeoff;
    (2) Normal consumption of fuel and oil in flight to the airport of intended
  landing and to the alternate airports will leave a weight on arrival not in
  excess of the landing weight specified in the Airplane Flight Manual for the
  elevation of each of the airports involved and for the ambient temperatures
  expected at the time of landing;
    (3) The takeoff weight does not exceed the weight shown in the Airplane
  Flight Manual to correspond with the minimum distances required for takeoff
  considering the elevation of the airport, the runway to be used, the
  effective runway gradient, and the ambient temperature and wind component
  existing at the time of takeoff; and
    (4) Where the takeoff distance includes a clearway, the clearway distance
  is not greater than one-half of--
    (i) The takeoff run, in the case of airplanes certificated after September
  30, 1958, and before August 30, 1959; or
    (ii) The runway length, in the case of airplanes certificated after August
  29, 1959.
    (c) No person may take off a turbine-engine-powered transport category
  airplane certificated after August 29, 1959, unless, in addition to the
  requirements of paragraph (b) of this section--
    (1) The accelerate-stop distance is no greater than the length of the
  runway plus the length of the stopway (if present); and
    (2) The takeoff distance is no greater than the length of the runway plus
  the length of the clearway (if present); and
    (3) The takeoff run is no greater than the length of the runway.






  Sec. 91.607  Emergency exits for airplanes carrying passengers for hire

    (a) Notwithstanding any other provision of this chapter, no person may
  operate a large airplane (type certificated under the Civil Air Regulations
  effective before April 9, 1957) in passenger-carrying operations for hire,
  with more than the number of occupants--
    (1) Allowed under Civil Air Regulations Sec. 4b.362 (a), (b), and (c) as in
  effect on December 20, 1951; or
    (2) Approved under Special Civil Air Regulations SR-387, SR-389, SR-389A,
  or SR-389B, or under this section as in effect.

  However, an airplane type listed in the following table may be operated with
  up to the listed number of occupants (including crewmembers) and the
  corresponding number of exits (including emergency exits and doors) approved
  for the emergency exit of passengers or with an occupant-exit configuration
  approved under paragraph (b) or (c) of this section.

                                        Maximum    Corresponding
                                       number of     number of
                                       occupants       exits
                                       including    authorized
                                          all      for passenger
                    Airplane type     crewmembers       use

                 B-307                         61              4
                 B-377                         96              9
                 C-46                          67              4
                 CV-240                        53              6
                 CV-340 and CV-440             53              6
                 DC-3                          35              4
                 DC-3 (Super)                  39              5
                 DC-4                          86              5
                 DC-6                          87              7
                 DC-6B                        112             11
                 L-18                          17              3
                 L-049, L-649, L-749           87              7
                 L-1049 series                 96              9
                 M-202                         53              6
                 M-404                         53              7
                 Viscount 700 series           53              7

    (b) Occupants in addition to those authorized under paragraph (a) of this
  section may be carried as follows:
    (1) For each additional floor-level exit at least 24 inches wide by 48
  inches high, with an unobstructed 20-inch-wide access aisleway between the
  exit and the main passenger aisle, 12 additional occupants.
    (2) For each additional window exit located over a wing that meets the
  requirements of the airworthiness standards under which the airplane was type
  certificated or that is large enough to inscribe an ellipse 19x26 inches,
  eight additional occupants.
    (3) For each additional window exit that is not located over a wing but
  that otherwise complies with paragraph (b)(2) of this section, five
  additional occupants.
    (4) For each airplane having a ratio (as computed from the table in
  paragraph (a) of this section) of maximum number of occupants to number of
  exits greater than 14:1, and for each airplane that does not have at least
  one full-size, door-type exit in the side of the fuselage in the rear part of
  the cabin, the first additional exit must be a floor-level exit that complies
  with paragraph (b)(1) of this section and must be located in the rear part of
  the cabin on the opposite side of the fuselage from the main entrance door.
  However, no person may operate an airplane under this section carrying more
  than 115 occupants unless there is such an exit on each side of the fuselage
  in the rear part of the cabin.
    (c) No person may eliminate any approved exit except in accordance with the
  following:
    (1) The previously authorized maximum number of occupants must be reduced
  by the same number of additional occupants authorized for that exit under
  this section.
    (2) Exits must be eliminated in accordance with the following priority
  schedule: First, non-over-wing window exits; second, over-wing window exits;
  third, floor-level exits located in the forward part of the cabin; and
  fourth, floor-level exits located in the rear of the cabin.
    (3) At least one exit must be retained on each side of the fuselage
  regardless of the number of occupants.
    (4) No person may remove any exit that would result in a ratio of maximum
  number of occupants to approved exits greater than 14:1.
    (d) This section does not relieve any person operating under part 121 of
  this chapter from complying with Sec. 121.291.






  Sec. 91.609  Flight recorders and cockpit voice recorders.

    (a) No holder of an air carrier operating certificate or an operating
  certificate may conduct any operation under this part with an aircraft listed
  in the holder's operations specifications or current list of aircraft used in
  air transportation unless that aircraft complies with any applicable flight
  recorder and cockpit voice recorder requirements of the part under which its
  certificate is issued except that the operator may--
    (1) Ferry an aircraft with an inoperative flight recorder or cockpit voice
  recorder from a place where repair or replacement cannot be made to a place
  where they can be made;
    (2) Continue a flight as originally planned, if the flight recorder or
  cockpit voice recorder becomes inoperative after the aircraft has taken off;
    (3) Conduct an airworthiness flight test during which the flight recorder
  or cockpit voice recorder is turned off to test it or to test any
  communications or electrical equipment installed in the aircraft; or
    (4) Ferry a newly acquired aircraft from the place where possession of it
  is taken to a place where the flight recorder or cockpit voice recorder is to
  be installed.
    (b) Notwithstanding paragraphs (c) and (e) of this section, an operator
  other than the holder of an air carrier or a commercial operator certificate
  may--
    (1) Ferry an aircraft with an inoperative flight recorder or cockpit voice
  recorder from a place where repair or replacement cannot be made to a place
  where they can be made;
    (2) Continue a flight as originally planned if the flight recorder or
  cockpit voice recorder becomes inoperative after the aircraft has taken off;
    (3) Conduct an airworthiness flight test during which the flight recorder
  or cockpit voice recorder is turned off to test it or to test any
  communications or electrical equipment installed in the aircraft;
    (4) Ferry a newly acquired aircraft from a place where possession of it was
  taken to a place where the flight recorder or cockpit voice recorder is to be
  installed; or
    (5) Operate an aircraft:
    (i) For not more than 15 days while the flight recorder and/or cockpit
  voice recorder is inoperative and/or removed for repair provided that the
  aircraft maintenance records contain an entry that indicates the date of
  failure, and a placard is located in view of the pilot to show that the
  flight recorder or cockpit voice recorder is inoperative.
    (ii) For not more than an additional 15 days, provided that the
  requirements in paragraph (b)(5)(i) are met and that a certificated pilot, or
  a certificated person authorized to return an aircraft to service under Sec.
  43.7 of this chapter, certifies in the aircraft maintenance records that
  additional time is required to complete repairs or obtain a replacement unit.
    (c) No person may operate a U.S. civil registered, multiengine, turbine-
  powered airplane or rotorcraft having a passenger seating configuration,
  excluding any pilot seats of 10 or more that has been manufactured after
  October 11, 1991, unless it is equipped with one or more approved flight
  recorders that utilize a digital method of recording and storing data and a
  method of readily retrieving that data from the storage medium, that are
  capable of recording the data specified in appendix E to this part, for an
  airplane, or appendix F to this part, for a rotorcraft, of this part within
  the range, accuracy, and recording interval specified, and that are capable
  of retaining no less than 8 hours of aircraft operation.
    (d) Whenever a flight recorder, required by this section, is installed, it
  must be operated continuously from the instant the airplane begins the
  takeoff roll or the rotorcraft begins lift-off until the airplane has
  completed the landing roll or the rotorcraft has landed at its destination.
    (e) Unless otherwise authorized by the Administrator, after October 11,
  1991, no person may operate a U.S. civil registered multiengine, turbine-
  powered airplane or rotorcraft having a passenger seating configuration of
  six passengers or more and for which two pilots are required by type
  certification or operating rule unless it is equipped with an approved
  cockpit voice recorder that:
    (1) Is installed in compliance with Sec. 23.1457(a) (1) and (2), (b), (c),
  (d), (e), (f), and (g); Sec. 25.1457(a) (1) and (2), (b), (c), (d), (e), (f),
  and (g); Sec. 27.1457(a) (1) and (2), (b), (c), (d), (e), (f), and (g); or
  Sec. 29.1457(a) (1) and (2), (b), (c), (d), (e), (f), and (g) of this
  chapter, as applicable; and
    (2) Is operated continuously from the use of the checklist before the
  flight to completion of the final checklist at the end of the flight.
    (f) In complying with this section, an approved cockpit voice recorder
  having an erasure feature may be used, so that at any time during the
  operation of the recorder, information recorded more than 15 minutes earlier
  may be erased or otherwise obliterated.
    (g) In the event of an accident or occurrence requiring immediate
  notification to the National Transportation Safety Board under part 830 of
  its regulations that results in the termination of the flight, any operator
  who has installed approved flight recorders and approved cockpit voice
  recorders shall keep the recorded information for at least 60 days or, if
  requested by the Administrator or the Board, for a longer period. Information
  obtained from the record is used to assist in determining the cause of
  accidents or occurrences in connection with the investigation under part 830.
  The Administrator does not use the cockpit voice recorder record in any civil
  penalty or certificate action.

  [Doc. No. 18334, Amdt. 91-211, 54 FR 34318, Aug. 18, 1989, as amended by
  Amdt. 91-226, 56 FR 51621, Oct. 11, 1991; Amdt. 91-228, 57 FR 19353, May 5,
  1992]




  Sec. 91.611  Authorization for ferry flight with one engine inoperative

    (a) General. The holder of an air carrier operating certificate or an
  operating certificate issued under Part 125 may conduct a ferry flight of a
  four-engine airplane or a turbine-engine-powered airplane equipped with three
  engines, with one engine inoperative, to a base for the purpose of repairing
  that engine subject to the following:
    (1) The airplane model has been test flown and found satisfactory for safe
  flight in accordance with paragraph (b) or (c) of this section, as
  appropriate. However, each operator who before November 19, 1966, has shown
  that a model of airplane with an engine inoperative is satisfactory for safe
  flight by a test flight conducted in accordance with performance data
  contained in the applicable Airplane Flight Manual under paragraph (a)(2) of
  this section need not repeat the test flight for that model.
    (2) The approved Airplane Flight Manual contains the following performance
  data and the flight is conducted in accordance with that data:
    (i) Maximum weight.
    (ii) Center of gravity limits.
    (iii) Configuration of the inoperative propeller (if applicable).
    (iv) Runway length for takeoff (including temperature accountability).
    (v) Altitude range.
    (vi) Certificate limitations.
    (vii) Ranges of operational limits.
    (viii) Performance information.
    (ix) Operating procedures.
    (3) The operator has FAA approved procedures for the safe operation of the
  airplane, including specific requirements for--
    (i) Limiting the operating weight on any ferry flight to the minimum
  necessary for the flight plus the necessary reserve fuel load;
    (ii) A limitation that takeoffs must be made from dry runways unless, based
  on a showing of actual operating takeoff techniques on wet runways with one
  engine inoperative, takeoffs with full controllability from wet runways have
  been approved for the specific model aircraft and included in the Airplane
  Flight Manual:
    (iii) Operations from airports where the runways may require a takeoff or
  approach over populated areas; and
    (iv) Inspection procedures for determining the operating condition of the
  operative engines.
    (4) No person may take off an airplane under this section if--
    (i) The initial climb is over thickly populated areas; or
    (ii) Weather conditions at the takeoff or destination airport are less than
  those required for VFR flight.
    (5) Persons other than required flight crewmembers shall not be carried
  during the flight.
    (6) No person may use a flight crewmember for flight under this section
  unless that crewmember is thoroughly familiar with the operating procedures
  for one-engine inoperative ferry flight contained in the certificate holder's
  manual and the limitations and performance information in the Airplane Flight
  Manual.
    (b) Flight tests: reciprocating-engine-powered airplanes. The airplane
  performance of a reciprocating-engine-powered airplane with one engine
  inoperative must be determined by flight test as follows:
    (1) A speed not less than 1.3 VS1 must be chosen at which the airplane may
  be controlled satisfactorily in a climb with the critical engine inoperative
  (with its propeller removed or in a configuration desired by the operator and
  with all other engines operating at the maximum power determined in paragraph
  (b)(3) of this section.
    (2) The distance required to accelerate to the speed listed in paragraph
  (b)(1) of this section and to climb to 50 feet must be determined with--
    (i) The landing gear extended;
    (ii) The critical engine inoperative and its propeller removed or in a
  configuration desired by the operator; and
    (iii) The other engines operating at not more than maximum power
  established under paragraph (b)(3) of this section.
    (3) The takeoff, flight and landing procedures, such as the approximate
  trim settings, method of power application, maximum power, and speed must be
  established.
    (4) The performance must be determined at a maximum weight not greater than
  the weight that allows a rate of climb of at least 400 feet per minute in the
  en route configuration set forth in Sec. 25.67(d) of this chapter in effect
  on January 31, 1977, at an altitude of 5,000 feet.
    (5) The performance must be determined using temperature accountability for
  the takeoff field length, computed in accordance with Sec. 25.61 of this
  chapter in effect on January 31, 1977.
    (c) Flight tests: Turbine-engine-powered airplanes. The airplane
  performance of a turbine-engine-powered airplane with one engine inoperative
  must be determined by flight tests, including at least three takeoff tests,
  in accordance with the following:
    (1) Takeoff speeds VR and V2, not less than the corresponding speeds under
  which the airplane was type certificated under Sec. 25.107 of this chapter,
  must be chosen at which the airplane may be controlled satisfactorily with
  the critical engine inoperative (with its propeller removed or in a
  configuration desired by the operator, if applicable) and with all other
  engines operating at not more than the power selected for type certification
  as set forth in Sec. 25.101 of this chapter.
    (2) The minimum takeoff field length must be the horizontal distance
  required to accelerate and climb to the 35-foot height at V2 speed (including
  any additional speed increment obtained in the tests) multiplied by 115
  percent and determined with--
    (i) The landing gear extended;
    (ii) The critical engine inoperative and its propeller removed or in a
  configuration desired by the operator (if applicable); and
    (iii) The other engine operating at not more than the power selected for
  type certification as set forth in Sec. 25.101 of this chapter.
    (3) The takeoff, flight, and landing procedures such as the approximate
  trim setting, method of power application, maximum power, and speed must be
  established. The airplane must be satisfactorily controllable during the
  entire takeoff run when operated according to these procedures.
    (4) The performance must be determined at a maximum weight not greater than
  the weight determined under Sec. 25.121(c) of this chapter but with--
    (i) The actual steady gradient of the final takeoff climb requirement not
  less than 1.2 percent at the end of the takeoff path with two critical
  engines inoperative; and
    (ii) The climb speed not less than the two-engine inoperative trim speed
  for the actual steady gradient of the final takeoff climb prescribed by
  paragraph (c)(4)(i) of this section.
    (5) The airplane must be satisfactorily controllable in a climb with two
  critical engines inoperative. Climb performance may be shown by calculations
  based on, and equal in accuracy to, the results of testing.
    (6) The performance must be determined using temperature accountability for
  takeoff distance and final takeoff climb computed in accordance with Sec.
  25.101 of this chapter.

  For the purpose of paragraphs (c)(4) and (5) of this section, "two critical
  engines" means two adjacent engines on one side of an airplane with four
  engines, and the center engine and one outboard engine on an airplane with
  three engines.






  Sec. 91.613  Materials for compartment interiors.

    No person may operate an airplane that conforms to an amended or
  supplemental type certificate issued in accordance with SFAR No. 41 for a
  maximum certificated takeoff weight in excess of 12,500 pounds unless within
  1 year after issuance of the initial airworthiness certificate under that
  SFAR the airplane meets the compartment interior requirements set forth in
  Sec. 25.853 (a), (b), (b-1), (b-2), and (b-3) of this chapter in effect on
  September 26, 1978.






  Secs. 91.615--91.699  [Reserved]






    Subpart H--Foreign Aircraft Operations and Operations of U.S.-Registered
                   Civil Aircraft Outside of the United States

    Source: Docket No. 18334, 54 FR 34320, Aug. 18, 1989, unless otherwise
  noted.




  Sec. 91.701  Applicability.

    This subpart applies to the operations of civil aircraft of U.S. registry
  outside of the United States and the operations of foreign civil aircraft
  within the United States.






  Sec. 91.703  Operations of civil aircraft of U.S. registry outside of te
      United States.

    (a) Each person operating a civil aircraft of U.S. registry outside of the
  United States shall--
    (1) When over the high seas, comply with annex 2 (Rules of the Air) to the
  Convention on International Civil Aviation and with Secs. 91.117(c), 91.127,
  91.129, and 91.131;
    (2) When within a foreign country, comply with the regulations relating to
  the flight and maneuver of aircraft there in force;
    (3) Except for Secs. 91.307(b), 91.309, 91.323, and 91.711, comply with
  this part so far as it is not inconsistent with applicable regulations of the
  foreign country where the aircraft is operated or annex 2 of the Convention
  on International Civil Aviation; and
    (4) When over the North Atlantic within airspace designated as Minimum
  Navigation Performance Specifications airspace, comply with Sec. 91.705.
    (b) Annex 2 to the Convention on International Civil Aviation, Eighth
  Edition--July 1986, with amendments through Amendment 28 effective November
  1987, to which reference is made in this part, is incorporated into this part
  and made a part hereof as provided in 5 U.S.C. 552 and pursuant to 1 CFR part
  51. annex 2 (including a complete historic file of changes thereto) is
  available for public inspection at the Rules Docket, AGC-10, Federal Aviation
  Administration, 800 Independence Avenue SW., Washington, DC 20591. In
  addition, Annex 2 may be purchased from the International Civil Aviation
  Organization (Attention: Distribution Officer), P.O. Box 400, Succursale,
  Place de L'Aviation Internationale, 1000 Sherbrooke Street West, Montreal,
  Quebec, Canada H3A 2R2.

  [Dkt. 18334, 54 FR 34320, Aug., 18, 1989, as amended by Amdt. 91-227, 56 FR
  65661, Dec. 17, 1991]


  Sec. 91.705  Operations within the North Atlantic Minimum Navigation
    Performance Specifications Airspace.

    No person may operate a civil aircraft of U.S. registry in North Atlantic
  (NAT) airspace designated as Minimum Navigation Performance Specifications
  (MNPS) airspace unless--
    (a) The aircraft has approved navigation performance capability which
  complies with the requirements of Appendix C of this part; and
    (b) The operator is authorized by the Administrator to perform such
  operations.
    (c) The Administrator authorizes deviations from the requirements of this
  section in accordance with section 3 of appendix C to this part.






  Sec. 91.707  Flights between Mexico or Canada and the United States.

    Unless otherwise authorized by ATC, no person may operate a civil aircraft
  between Mexico or Canada and the United States without filing an IFR or VFR
  flight plan, as appropriate.






  Sec. 91.709  Operations to Cuba.

    No person may operate a civil aircraft from the United States to Cuba
  unless--
    (a) Departure is from an international airport of entry designated in Sec.
  6.13 of the Air Commerce Regulations of the Bureau of Customs (19 CFR 6.13);
  and
    (b) In the case of departure from any of the 48 contiguous States or the
  District of Columbia, the pilot in command of the aircraft has filed--
    (1) A DVFR or IFR flight plan as prescribed in Sec. 99.11 or Sec. 99.13 of
  this chapter; and
    (2) A written statement, within 1 hour before departure, with the Office of
  Immigration and Naturalization Service at the airport of departure,
  containing--
    (i) All information in the flight plan;
    (ii) The name of each occupant of the aircraft;
    (iii) The number of occupants of the aircraft; and
    (iv) A description of the cargo, if any.
  This section does not apply to the operation of aircraft by a scheduled air
  carrier over routes authorized in operations specifications issued by the
  Administrator.

  (Approved by the Office of Management and Budget under OMB control number
  2120-0005)






  Sec. 91.711  Special rules for foreign civil aircraft.

    (a) General. In addition to the other applicable regulations of this part,
  each person operating a foreign civil aircraft within the United States shall
  comply with this section.
    (b) VFR. No person may conduct VFR operations which require two-way radio
  communications under this part unless at least one crewmember of that
  aircraft is able to conduct two-way radio communications in the English
  language and is on duty during that operation.
    (c) IFR. No person may operate a foreign civil aircraft under IFR unless--
    (1) That aircraft is equipped with--
    (i) Radio equipment allowing two-way radio communication with ATC when it
  is operated in controlled airspace; and
    (ii) Radio navigational equipment appropriate to the navigational
  facilities to be used;
    (2) Each person piloting the aircraft--
    (i) Holds a current United States instrument rating or is authorized by his
  foreign airman certificate to pilot under IFR; and
    (ii) Is thoroughly familiar with the United States en route, holding, and
  letdown procedures; and
    (3) At least one crewmember of that aircraft is able to conduct two-way
  radiotelephone communications in the English language and that crewmember is
  on duty while the aircraft is approaching, operating within, or leaving the
  United States.
    (d) Over water. Each person operating a foreign civil aircraft over water
  off the shores of the United States shall give flight notification or file a
  flight plan in accordance with the Supplementary Procedures for the ICAO
  region concerned.
    (e) Flight at and above FL 240. If VOR navigational equipment is required
  under paragraph (c)(1)(ii) of this section, no person may operate a foreign
  civil aircraft within the 50 States and the District of Columbia at or above
  FL 240, unless the aircraft is equipped with distance measuring equipment
  (DME) capable of receiving and indicating distance information from the
  VORTAC facilities to be used. When DME required by this paragraph fails at
  and above FL 240, the pilot in command of the aircraft shall notify ATC
  immediately and may then continue operations at and above FL 240 to the next
  airport of intended landing at which repairs or replacement of the equipment
  can be made. However, paragraph (e) of this section does not apply to foreign
  civil aircraft that are not equipped with DME when operated for the following
  purposes and if ATC is notified prior to each takeoff:
    (1) Ferry flights to and from a place in the United States where repairs or
  alterations are to be made.
    (2) Ferry flights to a new country of registry.
    (3) Flight of a new aircraft of U.S. manufacture for the purpose of--
    (i) Flight testing the aircraft;
    (ii) Training foreign flight crews in the operation of the aircraft; or
    (iii) Ferrying the aircraft for export delivery outside the United States.
    (4) Ferry, demonstration, and test flight of an aircraft brought to the
  United States for the purpose of demonstration or testing the whole or any
  part thereof.

  [Dkt. 18334, 54 FR 34320, Aug. 18, 1989, as amended by Amdt. 91-227, 56 FR
  65661, Dec. 17, 1991]





  Sec. 91.713  Operation of civil aircraft of Cuban registry.

    No person may operate a civil aircraft of Cuban registry except in
  controlled airspace and in accordance with air traffic clearance or air
  traffic control instructions that may require use of specific airways or
  routes and landings at specific airports.



  Sec. 91.715  Special flight authorizations for foreign civil aircraft.

    (a) Foreign civil aircraft may be operated without airworthiness
  certificates required under Sec. 91.203 if a special flight authorization for
  that operation is issued under this section. Application for a special flight
  authorization must be made to the Flight Standards Division Manager or
  Aircraft Certification Directorate Manager of the FAA region in which the
  applicant is located or to the region within which the U.S. point of entry is
  located. However, in the case of an aircraft to be operated in the U.S. for
  the purpose of demonstration at an airshow, the application may be made to
  the Flight Standards Division Manager or Aircraft Certification Directorate
  Manager of the FAA region in which the airshow is located.
    (b) The Administrator may issue a special flight authorization for a
  foreign civil aircraft subject to any conditions and limitations that the
  Administrator considers necessary for safe operation in the U.S. airspace.
    (c) No person may operate a foreign civil aircraft under a special flight
  authorization unless that operation also complies with part 375 of the
  Special Regulations of the Department of Transportation (14 CFR part 375).

  (Approved by the Office of Management and Budget under OMB control number
  2120-0005)

  [Doc. No. 18334, 54 FR 34292, Aug. 18, 1989, as amended by Amdt. 91-212, 54
  FR 39293, Sept. 25, 1989]






  Secs. 91.717--91.799  [Reserved]






                        Subpart I--Operating Noise Limits

    Source: Docket No. 18334, 54 FR 34321, Aug. 18, 1989, unless otherwise
  noted.



  Sec. 91.801  Applicability: Relation to Part 36.
(a) This subpart prescribes operating noise limits and related requirements
  that apply, as follows, to the operation of civil aircraft in the United
  States.
    (1) Sections 91.803, 91.805, 91.807, 91.809, and 91.811 apply to civil
  subsonic turbojet airplanes with maximum weights of more than 75,000 pounds
  and--
    (i) If U.S. registered, that have standard airworthiness certificates; or
    (ii) If foreign registered, that would be required by this chapter to have
  a U.S. standard airworthiness certificate in order to conduct the operations
  intended for the airplane were it registered in the United States. Those
  sections apply to operations to or from airports in the United States under
  this part and parts 121, 125, 129, and 135 of this chapter.
    (2) Section 91.813 applies to U.S. operators of civil subsonic turbojet
  airplanes covered by this subpart. This section applies to operators
  operating to or from airports in the United States under this part and parts
  121, 125, and 135, but not to those operating under part 129 of this chapter.
    (3) Sections 91.803, 91.819, and 91.821 apply to U.S.-registered civil
  supersonic airplanes having standard airworthiness certificates and to
  foreign-registered civil supersonic airplanes that, if registered in the
  United States, would be required by this chapter to have U.S. standard
  airworthiness certificates in order to conduct the operations intended for
  the airplane. Those sections apply to operations under this part and under
  parts 121, 125, 129, and 135 of this chapter.
    (b) Unless otherwise specified, as used in this subpart "part 36" refers to
  14 CFR part 36, including the noise levels under appendix C of that part,
  notwithstanding the provisions of that part excepting certain airplanes from
  the specified noise requirements. For purposes of this subpart, the various
  stages of noise levels, the terms used to describe airplanes with respect to
  those levels, and the terms "subsonic airplane" and "supersonic airplane"
  have the meanings specified under part 36 of this chapter. For purposes of
  this subpart, for subsonic airplanes operated in foreign air commerce in the
  United States, the Administrator may accept compliance with the noise
  requirements under annex 16 of the International Civil Aviation Organization
  when those requirements have been shown to be substantially compatible with,
  and achieve results equivalent to those achievable under, part 36 for that
  airplane. Determinations made under these provisions are subject to the
  limitations of Sec. 36.5 of this chapter as if those noise levels were part
  36 noise levels.
    (c) Sections 91.851 through 9l.877 of this subpart prescribe operating
  noise limits and related requirements that apply to any civil subsonic
  turbojet airplane with a maximum certificated weight of more than 75,000
  pounds operating to or from an airport in the 48 contiguous United States and
  the District of Columbia under this part, part 121, 125, 129, or 135 of this
  chapter on and after September 25, 1991.
    (d) Section 91.877 prescribes reporting requirements that apply to any
  civil subsonic turbojet airplane with a maximum weight of more than 75,000
  pounds operated by an air carrier or foreign air carrier between the
  contiguous United States and the State of Hawaii, between the State of Hawaii
  and any point outside of the 48 contiguous United States, or between the
  islands of Hawaii in turnaround service, under part 121 or 129 of this
  chapter on or after November 5, 1990.

  [Doc. No. 18334, 54 FR 34321, Aug. 18, 1989; 54 FR 41211, Oct. 5, 1989, as
  amended by Amdt. 91-255, 56 FR 48658, Sept. 25, 1991; Amdt. 91-252, 61 FR
  66185, Dec. 16, 1996]




  Sec. 91.803  Part 125 operators: Designation of applicable regulations.

    For airplanes covered by this subpart and operated under part 125 of this
  chapter, the following regulations apply as specified:
    (a) For each airplane operation to which requirements prescribed under this
  subpart applied before November 29, 1980, those requirements of this subpart
  continue to apply.
    (b) For each subsonic airplane operation to which requirements prescribed
  under this subpart did not apply before November 29, 1980, because the
  airplane was not operated in the United States under this part or part 121,
  129, or 135 of this chapter, the requirements prescribed under Secs. 91.805,
  91.809, 91.811, and 91.813 of this subpart apply.
    (c) For each supersonic airplane operation to which requirements prescribed
  under this subpart did not apply before November 29, 1980, because the
  airplane was not operated in the United States under this part or part 121,
  129, or 135 of this chapter, the requirements of Secs. 91.819 and 91.821 of
  this subpart apply.
    (d) For each airplane required to operate under part 125 for which a
  deviation under that part is approved to operate, in whole or in part, under
  this part or part 121, 129, or 135 of this chapter, notwithstanding the
  approval, the requirements prescribed under paragraphs (a), (b), and (c) of
  this section continue to apply.






  Sec. 91.805  Final compliance: Subsonic airplanes.

    Except as provided in Secs. 91.809 and 91.811, on and after January 1,
  1985, no person may operate to or from an airport in the United States any
  subsonic airplane covered by this subpart unless that airplane has been shown
  to comply with Stage 2 or Stage 3 noise levels under part 36 of this chapter.






  Sec. 91.807  Phased compliance under Parts 121, 125, and 135: Subsonic
    airplanes.

    (a) General. Each person operating airplanes under part 121, 125, or 135 of
  this chapter, as prescribed under Sec. 91.803 of this subpart, regardless of
  the state of registry of the airplane, shall comply with this section with
  respect to subsonic airplanes covered by this subpart.
    (b) Compliance schedules. Except for airplanes shown to be operated in
  foreign air commerce under paragraph (c) of this section or covered by an
  exemption (including those issued under Sec. 91.811), airplanes operated by
  U.S. operators in air commerce in the United States must be shown to comply
  with Stage 2 or Stage 3 noise levels under part 36 of this chapter, in
  accordance with the following schedule, or they may not be operated to or
  from airports in the United States:
    (1) By January 1, 1981--
    (i) At least one quarter of the airplanes that have four engines with no
  bypass ratio or with a bypass ratio less than two; and
    (ii) At least half of the airplanes powered by engines with any other
  bypass ratio or by another number of engines.
    (2) By January 1, 1983--
    (i) At least one-half of the airplanes that have four engines with no
  bypass ratio or with a bypass ratio less than two; and
    (ii) All airplanes powered by engines with any other bypass ratio or by
  another number of engines.
    (c) Apportionment of airplanes. For purposes of paragraph (b) of this
  section, a person operating airplanes engaged in domestic and foreign air
  commerce in the United States may elect not to comply with the phased
  schedule with respect to that portion of the airplanes operated by that
  person shown, under an approved method of apportionment, to be engaged in
  foreign air commerce in the United States.






  Sec. 91.809  Replacement airplanes.

    A Stage 1 airplane may be operated after the otherwise applicable
  compliance dates prescribed under Secs. 91.805 and 91.807 if, under an
  approved plan, a replacement airplane has been ordered by the operator under
  a binding contract as follows:
    (a) For replacement of an airplane powered by two engines, until January 1,
  1986, but not after the date specified in the plan, if the contract is
  entered into by January 1, 1983, and specifies delivery before January 1,
  1986, of a replacement airplane which has been shown to comply with Stage 3
  noise levels under part 36 of this chapter.
    (b) For replacement of an airplane powered by three engines, until January
  1, 1985, but not after the date specified in the plan, if the contract is
  entered into by January 1, 1983, and specifies delivery before January 1,
  1985, of a replacement airplane which has been shown to comply with Stage 3
  noise levels under part 36 of this chapter.
    (c) For replacement of any other airplane, until January 1, 1985, but not
  after the date specified in the plan, if the contract specifies delivery
  before January 1, 1985, of a replacement airplane which--
    (1) Has been shown to comply with Stage 2 or Stage 3 noise levels under
  part 36 of this chapter prior to issuance of an original standard
  airworthiness certificate; or
    (2) Has been shown to comply with Stage 3 noise levels under part 36 of
  this chapter prior to issuance of a standard airworthiness certificate other
  than original issue.
    (d) Each operator of a Stage 1 airplane for which approval of a replacement
  plan is requested under this section shall submit to the Director, Office of
  Environment and Energy, an application constituting the proposed replacement
  plan (or revised plan) that contains the information specified under this
  paragraph and which is certified (under penalty of 18 U.S.C. 1001) as true
  and correct. Each application for approval must provide information
  corresponding to that specified in the contract, upon which the FAA may rely
  in considering its approval, as follows:
    (1) Name and address of the applicant. .
    (2) Aircraft type and model and registration number for each airplane to be
  replaced under the plan.
    (3) Aircraft type and model of each replacement airplane.
    (4) Scheduled dates of delivery and introduction into service of each
  replacement airplane.
    (5) Names and addresses of the parties to the contract and any other
  persons who may effectively cancel the contract or otherwise control the
  performance of any party.
    (6) Information specifying the anticipated disposition of the airplanes to
  be replaced.
    (7) A statement that the contract represents a legally enforceable, mutual
  agreement for delivery of an eligible replacement airplane.
    (8) Any other information or documentation requested by the Director,
  Office of Environment and Energy, reasonably necessary to determine whether
  the plan should be approved.






  Sec. 91.811  Service to small communities exemption: Two-engine, subsonc
    airplanes.

    (a) A Stage l airplane powered by two engines may be operated after the
  compliance dates prescribed under Secs. 91.805, 91.807, and 91.809 when, with
  respect to that airplane, the Administrator issues an exemption to the
  operator from the noise level requirements under this subpart. Each exemption
  issued under this section terminates on the earliest of the following dates:
    (1) For an exempted airplane sold, or otherwise disposed of, to another
  person on or after January 1, 1983, on the date of delivery to that person.
    (2) For an exempted airplane with a seating configuration of 100 passenger
  seats or less, on January 1, 1988.
    (3) For an exempted airplane with a seating configuration of more than 100
  passenger seats, on January 1, 1985.
    (b) For the purpose of this section, the seating configuration of an
  airplane is governed by that shown to exist on December 1, 1979, or an
  earlier date established for that airplane by the Administrator.






  Sec. 91.813  Compliance plans and status: U.S. operations of subsonic
    airplanes.

    (a) Each U.S. operator of a civil subsonic airplane covered by this subpart
  (regardless of the state of registry) shall submit to the Director, Office of
  Environment and Energy, in accordance with this section, the operator's
  current compliance status and plan for achieving and maintaining compliance
  with the applicable noise level requirements of this subpart. If appropriate,
  an operator may substitute for the required plan a notice, certified as true
  (under penalty of 18 U.S.C. 1001) by that operator, that no change in the
  plan or status of any airplane affected by the plan has occurred since the
  date of the plan most recently submitted under this section.
    (b) Each compliance plan, including each revised plan, must contain the
  information specified under paragraph (c) of this section for each airplane
  covered by this section that is operated by the operator. Unless otherwise
  approved by the Administrator, compliance plans must provide the required
  plan and status information as it exists on the date 30 days before the date
  specified for submission of the plan. Plans must be certified by the operator
  as true and complete (under penalty of 18 U.S.C. 1001) and be submitted for
  each airplane covered by this section on or before 90 days after initially
  commencing operation of airplanes covered by this section, whichever is
  later, and thereafter--
    (1) Thirty days after any change in the operator's fleet or compliance
  planning decisions that has a separate or cumulative effect on 10 percent or
  more of the airplanes in either class of airplanes covered by Sec. 91.807(b);
  and
    (2) Thirty days after each compliance date applicable to that airplane
  under this subpart, and annually thereafter through 1985, or until any later
  date for that airplane prescribed under this subpart, on the anniversary of
  that submission date, to show continuous compliance with this subpart.
    (c) Each compliance plan submitted under this section must identify the
  operator and include information regarding the compliance plan and status for
  each airplane covered by the plan as follows:
    (1) Name and address of the airplane operator.
    (2) Name and telephone number of the person designated by the operator to
  be responsible for the preparation of the compliance plan and its submission.
    (3) The total number of airplanes covered by this section and in each of
  the following classes and subclasses:
    (i) For airplanes engaged in domestic air commerce--
    (A) Airplanes powered by four turbojet engines with no bypass ratio or with
  a bypass ratio less than two;
    (B) Airplanes powered by engines with any other bypass ratio or by another
  number of engines; and
    (C) Airplanes covered by an exemption issued under Sec. 91.811 of this
  subpart.
    (ii) For airplanes engaged in foreign air commerce under an approved
  apportionment plan--
    (A) Airplanes powered by four turbojet engines with no bypass ratio or with
  a bypass ratio less than two;
    (B) Airplanes powered by engines with any other bypass ratio or by another
  number of engines; and
    (C) Airplanes covered by an exemption issued under Sec. 91.811 of this
  subpart.
    (4) For each airplane covered by this section--
    (i) Aircraft type and model;
    (ii) Aircraft registration number;
    (iii) Aircraft manufacturer serial number;
    (iv) Aircraft powerplant make and model;
    (v) Aircraft year of manufacture;
    (vi) Whether part 36 noise level compliance has been shown, "Yes/No";
    (vii) The appropriate code prescribed under paragraph (c)(5) of this
  section which indicates the acoustical technology installed, or to be
  installed, on the airplane;
    (viii) For airplanes on which acoustical technology has been or will be
  applied, following the appropriate code entry, the actual or scheduled month
  and year of installation on the airplane;
    (ix) For DC-8 and B-707 airplanes operated in domestic U.S. air commerce
  which have been or will be retired from service in the United States without
  replacement between January 24, 1977, and January 1, 1985, the appropriate
  code prescribed under paragraph (c)(5) of this section followed by the actual
  or scheduled month and year of retirement of the airplane from service;
    (x) For DC-8 and B-707 airplanes operated in foreign air commerce in the
  United States which have been or will be retired from service in the United
  States without replacement between April 14, 1980, and January 1, 1985, the
  appropriate code prescribed under paragraph (c)(5) of this section followed
  by the actual or scheduled month and year of retirement of the airplane from
  service;
    (xi) For airplanes covered by an approved replacement plan under Sec.
  91.807(c) of this subpart, the appropriate code prescribed under paragraph
  (c)(5) of this section followed by the scheduled month and year for
  replacement of the airplane;
    (xii) For airplanes designated as "engaged in foreign commerce" in
  accordance with an approved method of apportionment under Sec. 91.807(c) of
  this subpart, the appropriate code prescribed under paragraph (c)(5) of this
  section;
    (xiii) For airplanes covered by an exemption issued to the operator
  granting relief from noise level requirements of this subpart, the
  appropriate code prescribed under paragraph (c)(5) of this section followed
  by the actual or scheduled month and year of expiration of the exemption and
  the appropriate code and applicable dates which indicate the compliance
  strategy planned or implemented for the airplane;
    (xiv) For all airplanes covered by this section, the number of spare
  shipsets of acoustical components needed for continuous compliance and the
  number available on demand to the operator in support of those airplanes; and
    (xv) For airplanes for which none of the other codes prescribed under
  paragraph (c)(5) of this section describes either the technology applied or
  to be applied to the airplane in accordance with the certification
  requirements under Parts 21 and 36 of this chapter, or the compliance
  strategy or methodology following the code "OTH," enter the date of any
  certificate action and attach an addendum to the plan explaining the nature
  and the extent of the certificated technology, strategy, or methodology
  employed, with reference to the type certificate documentation.

                (5) Table of Acoustical Technology/Strategy Codes

   Code         Airplane type/model                Certificate technology

   A     B-707-120B; B-707-320B/C; B-720B    Quiet nacelles + 1-ring.
   B     B-727-100                           Double wall fan duct treatment.
   C     B-727-200                           Double wall fan duct treatment
                                              (pre-January 1977 installations
                                              and amended type certificate).
   D     B-727-200; B-737-100; B-737-200     Quiet nacelles + double wall fan
                                              duct treatment.
   E     B-747-100 (pre-December 1971); B-   Fixed lip inlets + sound absorbing
          747-200 (pre-December 1971)         material treatment.
   F     DC-8                                New extended inlet and bullet with
                                              treatment + fan duct treatment
                                              areas.
   G     DC-9                                P-36 sound absorbing material
                                              treatment kit.
   H     BAC-111-200                         Silencer kit (BAC Acoustic Report
                                              522).
   I     BAC-111-400                         Silencer kit (BAC Acoustic Report
                                              598).
   J     B-707; DC-8                         Reengined with high bypass ratio
                                              turbojet engines + quiet nacelles
                                              (if certificated under stage 3
                                              noise level requirements).

    REP--For airplanes covered by an approved replacement plan under Sec.
  91.807(c) of this subpart.
    EFC--For airplanes designated as "engaged in foreign commerce" in
  accordance with an approved method of apportionment under Sec. 91.811 of this
  subpart.
    RET--For DC-8 and B-707 airplanes operated in domestic U.S. air commerce
  and retired from service in the United States without replacement between
  January 24, 1977, and January 1, 1985. RFC--For DC-8 and B-707 airplanes
  operated by U.S. operators in foreign air commerce in the United States and
  retired from service in the United States without replacement between April
  14, 1980, and January 1, 1985.
    EXD--For airplanes exempted from showing compliance with the noise level
  requirements of this subpart.
    OTH--For airplanes for which no other prescribed code describes either the
  certificated technology applied or to be applied to the airplane, or the
  compliance strategy or methodology. (An addendum must explain the nature and
  extent of technology, strategy, or methodology and reference the type
  certificate documentation.)






  Sec. 91.815  Agricultural and fire fighting airplanes: Noise operating
    limitations.

    (a) This section applies to propeller-driven, small airplanes having
  standard airworthiness certificates that are designed for "agricultural
  aircraft operations" (as defined in Sec. 137.3 of this chapter, as effective
  on January 1, 1966) or for dispensing fire fighting materials.
    (b) If the Airplane Flight Manual, or other approved manual material
  information, markings, or placards for the airplane indicate that the
  airplane has not been shown to comply with the noise limits under part 36 of
  this chapter, no person may operate that airplane, except--
    (1) To the extent necessary to accomplish the work activity directly
  associated with the purpose for which it is designed;
    (2) To provide flight crewmember training in the special purpose operation
  for which the airplane is designed; and
    (3) To conduct "nondispensing aerial work operations" in accordance with
  the requirements under Sec. 137.29(c) of this chapter.






  Sec. 91.817  Civil aircraft sonic boom.

    (a) No person may operate a civil aircraft in the United States at a true
  flight Mach number greater than 1 except in compliance with conditions and
  limitations in an authorization to exceed Mach 1 issued to the operator under
  appendix B of this part.
    (b) In addition, no person may operate a civil aircraft for which the
  maximum operating limit speed MM0 exceeds a Mach number of 1, to or from an
  airport in the United States, unless--
    (1) Information available to the flight crew includes flight limitations
  that ensure that flights entering or leaving the United States will not cause
  a sonic boom to reach the surface within the United States; and
    (2) The operator complies with the flight limitations prescribed in
  paragraph (b)(1) of this section or complies with conditions and limitations
  in an authorization to exceed Mach 1 issued under appendix B of this part.

  (Approved by the Office of Management and Budget under OMB control number
  2120-0005)






  Sec. 91.819  Civil supersonic airplanes that do not comply with Part 36

    (a) Applicability. This section applies to civil supersonic airplanes that
  have not been shown to comply with the Stage 2 noise limits of Part 36 in
  effect on October 13, 1977, using applicable trade-off provisions, and that
  are operated in the United States, after July 31, 1978.
    (b) Airport use. Except in an emergency, the following apply to each person
  who operates a civil supersonic airplane to or from an airport in the United
  States:
    (1) Regardless of whether a type design change approval is applied for
  under part 21 of this chapter, no person may land or take off an airplane
  covered by this section for which the type design is changed, after July 31,
  1978, in a manner constituting an "acoustical change" under Sec. 21.93 unless
  the acoustical change requirements of part 36 are complied with.
    (2) No flight may be scheduled, or otherwise planned, for takeoff or
  landing after 10 p.m. and before 7 a.m. local time.






  Sec. 91.821  Civil supersonic airplanes: Noise limits.

    Except for Concorde airplanes having flight time before January 1, 1980, no
  person may operate in the United States, a civil supersonic airplane that
  does not comply with Stage 2 noise limits of part 36 in effect on October 13,
  1977, using applicable trade-off provisions.






  Secs. 91.823--91.849  [Reserved]






  Sec. 91.851  Definitions.

    For the purposes of Sec. 91.851 through 91.877 of this subpart:
    Contiguous United States means the area encompassed by the 48 contiguous
  United States and the District of Columbia.
    Fleet means those civil subsonic turbojet airplanes with a maximum
  certificated weight of more than 75,000 pounds that are listed on an
  operator's operations specifications as eligible for operation in the
  contiguous United States.
    Import means a change in ownership of an airplane from a non-U.S. person to
  a U.S. person when the airplane is brought into the United States for
  operation.
    Operations specifications means an enumeration of airplanes by type, model,
  series, and serial number operated by the operator or foreign air carrier on
  a given day, regardless of how or whether such airplanes are formally listed
  or designated by the operator.
    Owner means any person that has indicia of ownership sufficient to register
  the airplane in the United States pursuant to part 47 of this chapter.
    New entrant means an air carrier or foreign air carrier that, on or before
  November 5, 1990, did not conduct operations under part 121 or 129 of this chapter                                                                                            using an airplane covered by this subpart to or from any airport in the contiguous  United States, but that initiates such operation after that date.
    Stage 2 noise levels mean the requirements for Stage 2 noise levels as
  defined in part 36 of this chapter in effect on November 5, 1990.
    Stage 3 noise levels mean the requirements for Stage 3 noise levels as
  defined in part 36 of this chapter in effect on November 5, 1990.
    Stage 2 airplane means a civil subsonic turbojet airplane with a maximum
  certificated weight of 75,000 pounds or more that complies with Stage 2 noise
  levels as defined in part 36 of this chapter.
    Stage 3 airplane means a civil subsonic turbojet airplane with a maximum
  certificated weight of 75,000 pounds or more that complies with Stage 3 noise
  levels as defined in part 36 of this chapter.

  [Doc. No. 26433, Amdt. No. 91-225, 56 FR 48658, Sept. 25, 1991; Amdt. 91-252, 61 FR  
  66185, Dec. 16, 1996]




  Sec. 91.853  Final compliance: Civil subsonic airplanes.

  Except as provided in Sec. 91.873, after December 31, 1999, no person shall
  operate to or from any airport in the contiguous United States any airplane
  subject to Sec. 91.801(c) of this subpart, unless that airplane has been
  shown to comply with Stage 3 noise levels.

  [Doc. No. 26433, Amdt. No. 91-225, 56 FR 48658, Sept. 25, 1991]

 


  Sec. 91.855  Entry and nonaddition rule.

    No person may operate any airplane subject to Sec. 91.801(c) of this
  subpart to or from an airport in the contiguous United States unless one or
  more of the following apply:
    (a) The airplane complies with Stage 3 noise levels.
    (b) The airplane complies with Stage 2 noise levels and was owned by a U.S.
  person on and since November 5, 1990. Stage 2 airplanes that meet these
  criteria and are leased to foreign airlines are also subject to the return
  provisions of paragraph (e) of this section.
    (c) The airplane complies with Stage 2 noise levels, is owned by a non-U.S.
  person, and is the subject of a binding lease to a U.S. person effective
  before and on September 25, 1991. Any such airplane may be operated for the
  term of the lease in effect on that date, and any extensions thereof provided
  for in that lease.
    (d) The airplane complies with Stage 2 noise levels and is operated by a
  foreign air carrier.
    (e) The airplane complies with Stage 2 noise levels and is operated by a
  foreign operator other than for the purpose of foreign air commerce.
    (f) The airplane complies with Stage 2 noise levels and--
    (1) On November 5, 1990, was owned by:
    (i) A corporation, trust, or partnership organized under the laws of the
  United States or any State (including individual States, territories,
  possessions, and the District of Columbia);
    (ii) An individual who is a citizen of the United States; or
    (iii) An entity owned or controlled by a corporation, trust, partnership,
  or individual described in paragraph (f)(1) (i) or (ii) of this section; and
    (2) Enters into the United States not later than 6 months after the
  expiration of a lease agreement (including any extensions thereof) between an
  owner described in paragraph (f)(1) of this section and a foreign airline.
    (g) The airplane complies with Stage 2 noise levels and was purchased by
  the importer under a written contract executed before November 5, 1990.
    (h) Any Stage 2 airplane described in this section is eligible for
  operation in the contiguous United States only as provided under Sec. 91.865
  or 91.867.

  [Doc. No. 26433, Amdt. No. 91-225, 56 FR 48658, Sept. 25, 1991; 56 FR 51167,
  Oct. 10, 1991]


  Sec. 91.857  Stage 2 operations outside of the 48 contiguous United States,
  and authorization for maintenance.

  An operator of a Stage 2 airplane that is operating only between points
  outside the contiguous United States on or after November 5, 1990, shall--
    (a) Include in its operations specifications a statement that such airplane
  may not be used to provide air transportation to or from any airport in the
  contiguous United States.
    (b) Obtain a special flight authorization to operate that airplane into the
  contiguous United States for the purpose of maintenance. The special flight
  authorization must include a statement indicating that this regulation is the
  basis for the authorization.

  [Doc. No. 26433, Amdt. No. 91-225, 56 FR 48658, Sept. 25, 1991; Amdt. 91-252, 61 FR 
  66185, Dec. 16, 1996]




  Sec. 91.859  Modification to meet Stage 3 noise levels.

  For an airplane subject to Sec. 91.801(c) of this subpart and otherwise
  prohibited from operation to or from an airport in the contiguous United
  States by Sec. 91.855, any person may apply for a special flight
  authorization for that airplane to operate in the contiguous United States
  for the purpose of obtaining modifications to meet Stage 3 noise levels.

  [Doc. No. 26433, Amdt. No 91-225, 56 FR 48658, Sept. 25, 1991]




  Sec. 91.861  Base level.

    (a) U.S. Operators. The base level of a U.S. operator is equal to the
  number of owned or leased Stage 2 airplanes subject to Sec. 91.801(c) of this
  subpart that were listed on that operator's operations specifications for
  operations to or from airports in the contiguous United States on any one day
  selected by the operator during the period January 1, 1990, through July 1,
  1991, plus or minus adjustments made pursuant to paragraphs (a) (1) and (2).
    (1) The base level of a U.S. operator shall be increased by a number equal
  to the total of the following--
    (i) The number of Stage 2 airplanes returned to service in the United
  States pursuant to Sec. 91.855(f);
    (ii) The number of Stage 2 airplanes purchased pursuant to Sec. 91.855(g);
  and
    (iii) Any U.S. operator base level acquired with a Stage 2 airplane
  transferred from another person under Sec. 91.863.
    (2) The base level of a U.S. operator shall be decreased by the amount of
  U.S. operator base level transferred with the corresponding number of Stage 2
  airplanes to another person under Sec. 91.863.
    (b) Foreign air carriers. The base level of a foreign air carrier is equal
  to the number of owned or leased Stage 2 airplanes that were listed on that
  carrier's U.S. operations specifications on any one day during the period
  January 1, 1990, through July 1, 1991, plus or minus any adjustments to the
  base levels made pursuant to paragraphs (b) (1) and (2).
    (1) The base level of a foreign air carrier shall be increased by the
  amount of foreign air carrier base level acquired with a Stage 2 airplane
  from another person under Sec. 91.863.
    (2) The base level of a foreign air carrier shall be decreased by the
  amount of foreign air carrier base level transferred with a Stage 2 airplane
  to another person under Sec. 91.863.
    (c) New entrants do not have a base level.

  [Doc. No. 26433, Amdt. No. 91-225, 56 FR 48659, Sept. 25, 1991; 56 FR 51167,
  Oct. 10, 1991]





  Sec. 91.863  Transfers of Stage 2 airplanes with base level.

    (a) Stage 2 airplanes may be transferred with or without the corresponding
  amount of base level. Base level may not be transferred without the
  corresponding number of Stage 2 airplanes.
    (b) No portion of a U.S. operator's base level established under Sec.
  91.861(a) may be used for operations by a foreign air carrier. No portion of
  a foreign air carrier's base level established under Sec. 91.861(b) may be
  used for operations by a U.S. operator.
    (c) Whenever a transfer of Stage 2 airplanes with base level occurs, the
  transferring and acquiring parties shall, within 10 days, jointly submit
  written notification of the transfer to the FAA, Office of Environment and
  Energy. Such notification shall state:
    (1) The names of the transferring and acquiring parties;
    (2) The name, address, and telephone number of the individual responsible
  for submitting the notification on behalf of the transferring and acquiring
  parties;
    (3) The total number of Stage 2 airplanes transferred, listed by airplane
  type, model, series, and serial number;
    (4) The corresponding amount of base level transferred and whether it is
  U.S. operator or foreign air carrier base level; and
    (5) The effective date of the transaction.
    (d) If, taken as a whole, a transaction or series of transactions made
  pursuant to this section does not produce an increase or decrease in the
  number of Stage 2 airplanes for either the acquiring or transferring
  operator, such transaction or series of transactions may not be used to
  establish compliance with the requirements of Sec. 91.865.

  [Doc. No. 26433, Amdt. No. 91-225, 56 FR 48659, Sept. 25, 1991]




  Sec. 91.865  Phased compliance for operators with base level.

    Except as provided in paragraph (a) of this section, each operator that
  operates an airplane under part 91, 121, 125, 129, or 135 of this chapter,
  regardless of the national registry of the airplane, shall comply with
  paragraph (b) or (d) of this section at each interim compliance date with
  regard to its subsonic airplane fleet covered by Sec. 91.80l(c) of this
  subpart.
    (a) This section does not apply to new entrants covered by Sec. 91.867 or
  to foreign operators not engaged in foreign air commerce.
    (b) Each operator that chooses to comply with this paragraph pursuant to
  any interim compliance requirement shall reduce the number of Stage 2
  airplanes it operates that are eligible for operation in the contiguous
  United States to a maximum of:
    (1) After December 31, 1994, 75 percent of the base level held by the
  operator;
    (2) After December 31, 1996, 50 percent of the base level held by the
  operator;
    (3) After December 31, 1998, 25 percent of the base level held by the
  operator.
    (c) Except as provided under Sec. 91.871, the number of Stage 2 airplanes
  that must be reduced at each compliance date contained in paragraph (b) of
  this section shall be determined by reference to the amount of base level
  held by the operator on that compliance date, as calculated under Sec.
  91.861.
    (d) Each operator that chooses to comply with this paragraph pursuant to
  any interim compliance requirement shall operate a fleet that consists of:
    (1) After December 31, 1994, not less than 55 percent Stage 3 airplanes;
    (2) After December 31, 1996, not less than 65 percent Stage 3 airplanes;
    (3) After December 31, 1998, not less than 75 percent Stage 3 airplanes.
    (e) Calculations resulting in fractions may be rounded to permit the
  continued operation of the next whole number of Stage 2 airplanes.

  [Doc. No. 26433, Amdt. No. 91-225, 56 FR 48659, Sept. 25, 1991]




  Sec. 91.867  Phased compliance for new entrants.

    (a) New entrant U.S. air carriers.
    (1) A new entrant initiating operations under part 121 of this chapter 
on or before December 31, 1994, may initiate service without regard to the          percentage of its fleet composed of Stage 3 airplanes.
    (2) After December 31, 1994, at least 25 percent of the fleet of a new
  entrant must comply with Stage 3 noise levels.
    (3) After December 31, 1996, at least 50 percent of the fleet of a new
  entrant must comply with Stage 3 noise levels.
    (4) After December 31, 1998, at least 75 percent of the fleet of a new
  entrant must comply with Stage 3 noise levels.
    (b) New entrant foreign air carriers.
    (1) A new entrant foreign air carrier initiating part 129 operations on or
  before December 31, 1994, may initiate service without regard to the
  percentage of its fleet composed of Stage 3 airplanes.
    (2) After December 31, 1994, at least 25 percent of the fleet on U.S.
  operations specifications of a new entrant foreign air carrier must comply
  with Stage 3 noise levels.
    (3) After December 31, 1996, at least 50 percent of the fleet on U.S.
  operations specifications of a new entrant foreign air carrier must comply
  with Stage 3 noise levels.
    (4) After December 31, 1998, at least 75 percent of the fleet on U.S.
  operations specifications of a new entrant foreign air carrier must comply
  with Stage 3 noise levels.
    (c) Calculations resulting in fractions may be rounded to permit the
  continued operation of the next whole number of Stage 2 airplanes.

  [Doc. No. 26433, Amdt. No. 91-225, 56 FR 48659, Sept. 25, 1991; Amdt. 91-252, 61 FR
  66185, Dec. 16, 1996]




  Sec. 91.869  Carry-forward compliance.

    (a) Any operator that exceeds the requirements of paragraph (b) of Sec.
  91.865 of this part on or before December 31, 1994, or on or before December
  31, 1996, may claim a credit that may be applied at a subsequent interim
  compliance date.
    (b) Any operator that eliminates or modifies more Stage 2 airplanes
  pursuant to Sec. 91.865(b) than required as of December 31, 1994, or December
  31, 1996, may count the number of additional Stage 2 airplanes reduced as a
  credit toward--
    (1) The number of Stage 2 airplanes it would otherwise be required to
  reduce following a subsequent interim compliance date specified in Sec.
  91.865(b); or
    (2) The number of Stage 3 airplanes it would otherwise be required to
  operate in its fleet following a subsequent interim compliance date to meet
  the percentage requirements specified in Sec. 91.865(d).

  [Doc. No. 26433, Amdt. No. 91-225, 56 FR 48659, Sept. 25, 1991; 56 FR 51257,
  Oct. 10, 1991; 56 FR 65783, Dec. 18, 1991]





  Sec. 91.871  Waivers from interim compliance requirements.

    (a) Any U.S. operator or foreign air carrier subject to the requirements of
  Secs. 91.865 or 91.867 of this subpart may request a waiver from any
  individual compliance requirement.
    (b) Applications must be filed with the Secretary of Transportation at
  least 120 days prior to the compliance date from which the waiver is
  requested.
    (c) Applicants must show that a grant of waiver would be in the public
  interest, and must include in its application its plans and activities for
  modifying its fleet, including evidence of good faith efforts to comply with
  the requirements of Sec. 91.865 or Sec. 91.867. The application should
  contain all information the applicant considers relevant, including, as
  appropriate, the following:
    (1) The applicant's balance sheet and cash flow positions;
    (2) The composition of the applicant's current fleet; and
    (3) The applicant's delivery position with respect to new airplanes or
  noise-abatement equipment.
    (d) Waivers will be granted only upon a showing by the applicant that
  compliance with the requirements of Secs. 91.865 or 91.867 at a particular
  interim compliance date is financially onerous, physically impossible, or
  technologically infeasible, or that it would have an adverse effect on
  competition or on service to small communities.
    (e) The conditions of any waiver granted under this section shall be
  determined by the circumstances presented in the application, but in no case
  may the term extend beyond the next interim compliance date.
    (f) A summary of any request for a waiver under this section will be
  published in the Federal Register, and public comment will be invited. Unless
  the Secretary finds that circumstances require otherwise, the public comment
  period will be at least 14 days.

  [Doc. No. 26433, Amdt. No. 91-225, 56 FR 48660, Sept. 25, 1991]




  Sec. 91.873  Waivers from final compliance.

    (a) A U.S. air carrier may apply for a waiver from the prohibition
  contained in Sec. 91.853 for its remaining Stage 2 airplanes, provided that,
  by July 1, 1999, at least 85 percent of the airplanes used by the carrier to
  provide service to or from an airport in the contiguous United States will
  comply with the Stage 3 noise levels.
    (b) An application for the waiver described in paragraph (a) of this
  section must be filed with the Secretary of Transportation no later than
  January 1, 1999. Such application must include a plan with firm orders for
  replacing or modifying all airplanes to comply with Stage 3 noise levels at
  the earliest practicable time.
    (c) To be eligible to apply for the waiver under this section, a new
  entrant U.S. air carrier must initiate service no later than January 1, 1999,
  and must comply fully with all provisions of this section.
    (d) The Secretary may grant a waiver under this section if the Secretary
  finds that granting such waiver is in the public interest. In making such a
  finding, the Secretary shall include consideration of the effect of granting
  such waiver on competition in the air carrier industry and the effect on
  small community air service, and any other information submitted by the
  applicant that the Secretary considers relevant.
    (e) The term of any waiver granted under this section shall be determined
  by the circumstances presented in the application, but in no case will the
  waiver permit the operation of any Stage 2 airplane covered by this
  subchapter in the contiguous United States after December 31, 2003.
    (f) A summary of any request for a waiver under this section will be
  published in the Federal Register, and public comment will be invited. Unless
  the secretary finds that circumstances require otherwise, the public comment
  period will be at least 14 days.

  [Doc. No. 26433, Amdt. No. 91-225, 56 FR 48660, Sept. 25, 1991; 56 FR 51167,
  Oct. 10, 1991]




  Sec. 91.875  Annual progress reports.

    (a) Each operator subject to Sec. 91.865 or Sec. 91.867 of this chapter
  shall submit an annual report to the FAA, Office of Environment and Energy,
  on the progress it has made toward complying with the requirements of that
  section. Such reports shall be submitted no later than 45 days after the end
  of a calendar year. All progress reports must provide the information through
  the end of the calendar year, be certified by the operator as true and
  complete (under penalty of 18 U.S.C. 1001), and include the following
  information:
    (1) The name and address of the operator;
    (2) The name, title, and telephone number of the person designated by the
  operator to be responsible for ensuring the accuracy of the information in
  the report;
    (3) The operator's progress during the reporting period toward compliance
  with the requirements of Sec. 91.853, Sec. 91.865 or Sec. 91.867. For
  airplanes on U.S. operations specifications, each operator shall identify the
  airplanes by type, model, series, and serial number.
    (i) Each Stage 2 airplane added or removed from operation or U.S.
  operations specifications (grouped separately by those airplanes acquired
  with and without base level);
    (ii) Each Stage 2 airplane modified to Stage 3 noise levels (identifying
  the manufacturer and model of noise abatement retrofit equipment;
    (iii) Each Stage 3 airplane on U.S. operations specifications as of the
  last day of the reporting period; and
    (iv) For each Stage 2 airplane transferred or acquired, the name and
  address of the recipient or transferor; and, if base level was transferred,
  the person to or from whom base level was transferred or acquired pursuant to
  Section 91.863 along with the effective date of each base level transaction,
  and the type of base level transferred or acquired.
    (b) Each operator subject to Sec. 91.865 or Sec. 91.867 of this chapter
  shall submit an initial progress report covering the period from January 1,
  1990, through December 31, 199l, and provide:
    (1) For each operator subject to Sec. 91.865:
    (i) The date used to establish its base level pursuant to Sec. 91.861(a);
  and
    (ii) a list of those Stage 2 airplanes (by type, model, series and serial
  number) in its base level, including adjustments made pursuant to Sec. 91.861
  after the date its base level was established.
    (2) For each U.S. operator:
    (i) A plan to meet the compliance schedules in Sec. 91.865 or Sec. 91.867
  and the final compliance date of Sec. 91.853, including the schedule for
  delivery of replacement Stage 3 airplanes or the installation of noise
  abatement retrofit equipment; and
    (ii) A separate list (by type, model, series, and serial number) of those
  airplanes included in the operator's base level, pursuant to Sec.
  91.861(a)(1) (i) and (ii), under the categories "returned" or "purchased,"
  along with the date each was added to its operations specifications.
    (c) Each operator subject to Sec. 91.865 or Sec. 91.867 of this chapter
  shall submit subsequent annual progress reports covering the calendar year
  preceding the report and including any changes in the information provided in
  paragraphs (a) and (b) of this section; including the use of any carry-
  forward credits pursuant to Sec. 91.869.
    (d) An operator may request, in any report, that specific planning data be
  considered proprietary.
    (e) If an operator's actions during any reporting period cause it to
  achieve compliance with Sec. 91.853, the report should include a statement to
  that effect. Further progress reports are not required unless there is any
  change in the information reported pursuant to paragraph (a) of this section.
    (f) For each U.S. operator subject to Sec. 91.865, progress reports
  submitted for calendar years 1994, 1996, and 1998, shall also state how the
  operator achieved compliance with the requirements of that section, i.e.--
    (1) By reducing the number of Stage 2 airplanes in its fleet to no more
  than the maximum permitted percentage of its base level under Sec. 91.865(b),
  or
    (2) By operating a fleet that consists of at least the minimum required
  percentage of Stage 3 airplanes under Sec. 91.865(d).

  [Doc. No. 26433, Amdt. No. 91-225, 56 FR 48660, Sept. 25, 1991; 56 FR 51168,
  Oct. 10, 1991]

    Editorial note: At 57 FR 5977, Feb. 19, 1992, the reporting requirements of
  Sec. 91.875 were approved by OMB on November 6, 1991, and have been assigned
  OMB Control Number 2120-0553.



  Sec. 91.877  Annual reporting of Hawaiian operations.

    (a) Each air carrier or foreign air carrier subject to Sec. 91.865 or Sec.
  91.867 of this part that conducts operations between the contiguous United
  States and the State of Hawaii, between the State of Hawaii and any point
  outside of the contiguous United States, or between the islands of Hawaii in
  turnaround service, on or since November 5, 1990, shall include in its annual
  report the information described in paragraph (c) of this section.
    (b) Each air carrier or foreign air carrier not subject to Sec. 91.865 or
  Sec. 91.867 of this part that conducts operations between the contiguous U.S.
  and the State of Hawaii, between the State of Hawaii and any point outside of
  the contiguous United States, or between the islands of Hawaii in turnaround
  service, on or since November 5, 1990, shall submit an annual report to the
  FAA, Office of Environment and Energy, on its compliance with the Hawaiian
  operations provisions of 49 U.S.C. 47528. Such reports shall be submitted no
  later than 45 days after the end of a calendar year. All progress reports
  must provide the information through the end of the calendar year, be
  certified by the operator as true and complete (under penalty of 18 U.S.C.
  1001), and include the following information--
    (1) The name and address of the air carrier or foreign air carrier;
    (2) The name, title, and telephone number of the person designated by the
  air carrier or foreign air carrier to be responsible for ensuring the
  accuracy of the information in the report; and
    (3) The information specified in paragraph (c) of this section.
    (c) The following information must be included in reports filed pursuant to
  this section--
    (1) For operations conducted between the contiguous United States and the
  State of Hawaii--
    (i) The number of Stage 2 airplanes used to conduct such operations as of
  November 5, 1990;
    (ii) Any change to that number during the calendar year being reported,
  including the date of such change;
    (2) For air carriers that conduct inter-island turnaround service in the
  State of Hawaii--
    (i) The number of Stage 2 airplanes used to conduct such operations as of
  November 5, 1990;
    (ii) Any change to that numberndar year being reported,
  including the date of such change;
    (iii) For an air carrier that provided inter-island trunaround service
  within the state of Hawaii on November 5, 1990, the number reported under
  paragraph (c)(2)(i) of this section may include all Stage 2 airplanes with a
  maximum certificated takeoff weight of more than 75,000 pounds that were
  owned or leased by the air carrier on November 5, 1990, regardless of whether
  such airplanes were operated by that air carrier or foreign air carrier on
  that date.
    (3) For operations conducted between the State of Hawaii and a point
  outside the contiguous United States--
    (i) The number of Stage 2 airplanes used to conduct such operations as of
  November 5, 1990; and
    (ii) Any change to that number during the calendar year being reported,
  including the date of such change.
    (d) Reports or amended reports for years predating this regulation are
  required to be filed concurrently with the next annual report.

  [Amdt. 91-252, 61 FR 66185, Dec. 16, 1996]



  Secs. 91.878--91.899  [Reserved]




                               Subpart J--Waivers

    Source: Docket No. 18334, 54 FR 34325, Aug. 18, 1989, unless otherwise
  noted.



  Sec. 91.901  [Reserved]




  Sec. 91.903  Policy and procedures.

    (a) The Administrator may issue a certificate of waiver authorizing the
  operation of aircraft in deviation from any rule listed in this subpart if
  the Administrator finds that the proposed operation can be safely conducted
  under the terms of that certificate of waiver.
    (b) An application for a certificate of waiver under this part is made on a
  form and in a manner prescribed by the Administrator and may be submitted to
  any FAA office.
    (c) A certificate of waiver is effective as specified in that certificate
  of waiver.






  Sec. 91.905  List of rules subject to waivers.

  Sec.
  91.107  Use of safety belts.
  91.111  Operating near other aircraft.
  91.113  Right-of-way rules: Except water operations.
  91.115  Right-of-way rules: Water operations.
  91.117  Aircraft speed.
  91.119  Minimum safe altitudes: General.
  91.121  Altimeter settings.
  91.123  Compliance with ATC clearances and instructions.
  91.125  ATC light signals.
  91.126  Operating on or in the vicinity of an airport in Class G airspace.
  91.127  Operating on or in the vicinity of an airport in Class E airspace.
  91.129  Operations in Class D airspace.
  91.130  Operations in Class C airspace.
  91.131  Operations in Class B airspace.
  91.133  Restricted and prohibited areas.
  91.135  Operations in Class A airspace.
  91.137  Temporary flight restrictions.
  91.141  Flight restrictions in the proximity of the Presidential and other
      parties.
  91.143  Flight limitation in the proximity of space flight operations.
  91.153  VFR flight plan: Information required.
  91.155  Basic VFR weather minimums
  91.157  Special VFR weather minimums.
  91.159  VFR cruising altitude or flight level.
  91.169  IFR flight plan: Information required.
  91.173  ATC clearance and flight plan required.
  91.175  Takeoff and landing under IFR.
  91.177  Minimum altitudes for IFR operations.
  91.179  IFR cruising altitude or flight level.
  91.181  Course to be flown.
  91.183  IFR radio communications.
  91.185  IFR operations: Two-way radio communications failure.
  91.187  Operation under IFR in controlled airspace: Malfunction reports.
  91.209  Aircraft lights.
  91.303  Aerobatic flights.
  91.305  Flight test areas.
  91.311  Towing: Other than under Sec. 91.309.
  91.313(e)  Restricted category civil aircraft: Operating limitations.
  91.515  Flight altitude rules.
  91.705  Operations within the North Atlantic Minimum Navigation Performance
      Specifications Airspace.
  91.707  Flights between Mexico or Canada and the United States.
  91.713  Operation of civil aircraft of Cuban registry.

  [Dkt. 18334, 54 FR 34325, Aug. 18, 1989, as amended by Amdt. 91-227, 56 FR
  65661, Dec. 17, 1991]




  Secs. 91.907--91.999  [Reserved]




  Appendix A to Part 91--Category II Operations: Manual, Instruments,
      Equipment, and Maintenance

                              1. Category II Manual

    (a) Application for approval. An applicant for approval of a Category II
  manual or an amendment to an approved Category II manual must submit the
  proposed manual or amendment to the Flight Standards District Office having
  jurisdiction of the area in which the applicant is located. If the
  application requests an evaluation program, it must include the following:
    (1) The location of the aircraft and the place where the demonstrations are
  to be conducted; and
    (2) The date the demonstrations are to commence (at least 10 days after
  filing the application).
    (b) Contents. Each Category II manual must contain:
    (1) The registration number, make, and model of the aircraft to which it
  applies;
    (2) A maintenance program as specified in section 4 of this appendix; and
    (3) The procedures and instructions related to recognition of decision
  height, use of runway visual range information, approach monitoring, the
  decision region (the region between the middle marker and the decision
  height), the maximum permissible deviations of the basic ILS indicator within
  the decision region, a missed approach, use of airborne low approach
  equipment, minimum altitude for the use of the autopilot, instrument and
  equipment failure warning systems, instrument failure, and other procedures,
  instructions, and limitations that may be found necessary by the
  Administrator.

                      2. Required Instruments and Equipment

    The instruments and equipment listed in this section must be installed in
  each aircraft operated in a Category II operation. This section does not
  require duplication of instruments and equipment required by Sec. 91.205 or
  any other provisions of this chapter.
    (a) Group I. (1) Two localizer and glide slope receiving systems. Each
  system must provide a basic ILS display and each side of the instrument panel
  must have a basic ILS display. However, a single localizer antenna and a
  single glide slope antenna may be used.
    (2) A communications system that does not affect the operation of at least
  one of the ILS systems.
    (3) A marker beacon receiver that provides distinctive aural and visual
  indications of the outer and the middle markers.
    (4) Two gyroscopic pitch and bank indicating systems.
    (5) Two gyroscopic direction indicating systems.
    (6) Two airspeed indicators.
    (7) Two sensitive altimeters adjustable for barometric pressure, each
  having a placarded correction for altimeter scale error and for the wheel
  height of the aircraft. After June 26, 1979, two sensitive altimeters
  adjustable for barometric pressure, having markings at 20-foot intervals and
  each having a placarded correction for altimeter scale error and for the
  wheel height of the aircraft.
    (8) Two vertical speed indicators.
    (9) A flight control guidance system that consists of either an automatic
  approach coupler or a flight director system. A flight director system must
  display computed information as steering command in relation to an ILS
  localizer and, on the same instrument, either computed information as pitch
  command in relation to an ILS glide slope or basic ILS glide slope
  information. An automatic approach coupler must provide at least automatic
  steering in relation to an ILS localizer. The flight control guidance system
  may be operated from one of the receiving systems required by subparagraph
  (1) of this paragraph.
    (10) For Category II operations with decision heights below 150 feet either
  a marker beacon receiver providing aural and visual indications of the inner
  marker or a radio altimeter.
    (b) Group II. (1) Warning systems for immediate detection by the pilot of
  system faults in items (1), (4), (5), and (9) of Group I and, if installed
  for use in Category III operations, the radio altimeter and autothrottle
  system.
    (2) Dual controls.
    (3) An externally vented static pressure system with an alternate static
  pressure source.
    (4) A windshield wiper or equivalent means of providing adequate cockpit
  visibility for a safe visual transition by either pilot to touchdown and
  rollout.
    (5) A heat source for each airspeed system pitot tube installed or an
  equivalent means of preventing malfunctioning due to icing of the pitot
  system.

                      3. Instruments and Equipment Approval

    (a) General. The instruments and equipment required by section 2 of this
  appendix must be approved as provided in this section before being used in
  Category II operations. Before presenting an aircraft for approval of the
  instruments and equipment, it must be shown that since the beginning of the
  12th calendar month before the date of submission--
    (1) The ILS localizer and glide slope equipment were bench checked
  according to the manufacturer's instructions and found to meet those
  standards specified in RTCA Paper 23-63/DO-117 dated March 14, 1963,
  "Standard Adjustment Criteria for Airborne Localizer and Glide Slope
  Receivers," which may be obtained from the RTCA Secretariat, 1425 K St., NW.,
  Washington, DC 20005.
    (2) The altimeters and the static pressure systems were tested and
  inspected in accordance with Appendix E to Part 43 of this chapter; and
    (3) All other instruments and items of equipment specified in section 2(a)
  of this appendix that are listed in the proposed maintenance program were
  bench checked and found to meet the manufacturer's specifications.
    (b) Flight control guidance system. All components of the flight control
  guidance system must be approved as installed by the evaluation program
  specified in paragraph (e) of this section if they have not been approved for
  Category III operations under applicable type or supplemental type
  certification procedures. In addition, subsequent changes to make, model, or
  design of the components must be approved under this paragraph. Related
  systems or devices, such as the autothrottle and computed missed approach
  guidance system, must be approved in the same manner if they are to be used
  for Category II operations.
    (c) Radio altimeter. A radio altimeter must meet the performance criteria
  of this paragraph for original approval and after each subsequent alteration.
    (1) It must display to the flight crew clearly and positively the wheel
  height of the main landing gear above the terrain.
    (2) It must display wheel height above the terrain to an accuracy of plus
  or minus 5 feet or 5 percent, whichever is greater, under the following
  conditions:
    (i) Pitch angles of zero to plus or minus 5 degrees about the mean approach
  attitude.
    (ii) Roll angles of zero to 20 degrees in either direction.
    (iii) Forward velocities from minimum approach speed up to 200 knots.
    (iv) Sink rates from zero to 15 feet per second at altitudes from 100 to
  200 feet.
    (3) Over level ground, it must track the actual altitude of the aircraft
  without significant lag or oscillation.
    (4) With the aircraft at an altitude of 200 feet or less, any abrupt change
  in terrain representing no more than 10 percent of the aircraft's altitude
  must not cause the altimeter to unlock, and indicator response to such
  changes must not exceed 0.1 seconds and, in addition, if the system unlocks
  for greater changes, it must reacquire the signal in less than 1 second.
    (5) Systems that contain a push-to-test feature must test the entire system
  (with or without an antenna) at a simulated altitude of less than 500 feet.
    (6) The system must provide to the flight crew a positive failure warning
  display any time there is a loss of power or an absence of ground return
  signals within the designed range of operating altitudes.
    (d) Other instruments and equipment. All other instruments and items of
  equipment required by Sec. 2 of this appendix must be capable of performing
  as necessary for Category II operations. Approval is also required after each
  subsequent alteration to these instruments and items of equipment.
    (e) Evaluation program--(1) Application. Approval by evaluation is
  requested as a part of the application for approval of the Category II
  manual.
    (2) Demonstrations. Unless otherwise authorized by the Administrator, the
  evaluation program for each aircraft requires the demonstrations specified in
  this paragraph. At least 50 ILS approaches must be flown with at least five
  approaches on each of three different ILS facilities and no more than one
  half of the total approaches on any one ILS facility. All approaches shall be
  flown under simulated instrument conditions to a 100-foot decision height and
  90 percent of the total approaches made must be successful. A successful
  approach is one in which--
    (i) At the 100-foot decision height, the indicated airspeed and heading are
  satisfactory for a normal flare and landing (speed must be plus or minus 5
  knots of programmed airspeed, but may not be less than computed threshold
  speed if autothrottles are used);
    (ii) The aircraft at the 100-foot decision height, is positioned so that
  the cockpit is within, and tracking so as to remain within, the lateral
  confines of the runway extended;
    (iii) Deviation from glide slope after leaving the outer marker does not
  exceed 50 percent of full-scale deflection as displayed on the ILS indicator;
    (iv) No unusual roughness or excessive attitude changes occur after leaving
  the middle marker; and
    (v) In the case of an aircraft equipped with an approach coupler, the
  aircraft is sufficiently in trim when the approach coupler is disconnected at
  the decision height to allow for the continuation of a normal approach and
  landing.
    (3) Records. During the evaluation program the following information must
  be maintained by the applicant for the aircraft with respect to each approach
  and made available to the Adninistrator upon request:
    (i) Each deficiency in airborne instruments and equipment that prevented
  the initiation of an approach.
    (ii) The reasons for discontinuing an approach, including the altitude
  above the runway at which it was discontinued.
    (iii) Speed control at the 100-foot decision height if auto throttles are
  used.
    (iv) Trim condition of the aircraft upon disconnecting the auto coupler
  with respect to continuation to flare and landing.
    (v) Position of the aircraft at the middle marker and at the decision
  height indicated both on a diagram of the basic ILS display and a diagram of
  the runway extended to the middle marker. Estimated touchdown point must be
  indicated on the runway diagram.
    (vi) Compatibility of flight director with the auto coupler, if applicable.
    (vii) Quality of overall system performance.
    (4) Evaluation. A final evaluation of the flight control guidance system is
  made upon successful completion of the demonstrations. If no hazardous
  tendencies have been displayed or are otherwise known to exist, the system is
  approved as installed.

                             4. Maintenance program

    (a) Each maintenance program must contain the following:
    (1) A list of each instrument and item of equipment specified in Sec. 2 of
  this appendix that is installed in the aircraft and approved for Category II
  operations, including the make and model of those specified in Sec. 2(a).
    (2) A schedule that provides for the performance of inspections under
  subparagraph (5) of this paragraph within 3 calendar months after the date of
  the previous inspection. The inspection must be performed by a person
  authorized by part 43 of this chapter, except that each alternate inspection
  may be replaced by a functional flight check. This functional flight check
  must be performed by a pilot holding a Category II pilot authorization for
  the type aircraft checked.
    (3) A schedule that provides for the performance of bench checks for each
  listed instrument and item of equipment that is specified in section 2(a)
  within 12 calendar months after the date of the previous bench check.
    (4) A schedule that provides for the performance of a test and inspection
  of each static pressure system in accordance with appendix E to part 43 of
  this chapter within 12 calendar months after the date of the previous test
  and inspection.
    (5) The procedures for the performance of the periodic inspections and
  functional flight checks to determine the ability of each listed instrument
  and item of equipment specified in section 2(a) of this appendix to perform
  as approved for Category II operations including a procedure for recording
  functional flight checks.
    (6) A procedure for assuring that the pilot is informed of all defects in
  listed instruments and items of equipment.
    (7) A procedure for assuring that the condition of each listed instrument
  and item of equipment upon which maintenance is performed is at least equal
  to its Category II approval condition before it is returned to service for
  Category II operations.
    (8) A procedure for an entry in the maintenance records required by Sec.
  43.9 of this chapter that shows the date, airport, and reasons for each
  discontinued Category II operation because of a malfunction of a listed
  instrument or item of equipment.
    (b) Bench check. A bench check required by this section must comply with
  this paragraph.
    (1) It must be performed by a certificated repair station holding one of
  the following ratings as appropriate to the equipment checked:
    (i) An instrument rating.
    (ii) A radio rating.
    (iii) A rating issued under subpart D of part 145 of this chapter.
    (2) It must consist of removal of an instrument or item of equipment and
  performance of the following:
    (i) A visual inspection for cleanliness, impending failure, and the need
  for lubrication, repair, or replacement of parts;
    (ii) Correction of items found by that visual inspection; and
    (iii) Calibration to at least the manufacturer's specifications unless
  otherwise specified in the approved Category II manual for the aircraft in
  which the instrument or item of equipment is installed.
    (c) Extensions. After the completion of one maintenance cycle of 12
  calendar months, a request to extend the period for checks, tests, and
  inspections is approved if it is shown that the performance of particular
  equipment justifies the requested extension.

  [Doc. No. 18334, Amdt. 91-211, 54 FR 34325, Aug. 18, 1989]



     Appendix B to Part 91--Authorizations to Exceed Mach 1 (section 91.817)

                             Section 1. Application

    (a) An applicant for an authorization to exceed Mach 1 must apply in a form
  and manner prescribed by the Administrator and must comply with this
  appendix.
    (b) In addition, each application for an authorization to exceed Mach 1
  covered by section 2(a) of this appendix must contain all information
  requested by the Administrator necessary to assist him in determining whether
  the designation of a particular test area or issuance of a particular
  authorization is a "major Federal action significantly affecting the quality
  of the human environment" within the meaning of the National Environmental
  Policy Act of 1969 (42 U.S.C. 4321 et seq.), and to assist him in complying
  with that act and with related Executive Orders, guidelines, and orders prior
  to such action.
    (c) In addition, each application for an authorization to exceed Mach 1
  covered by section 2(a) of this appendix must contain--
    (1) Information showing that operation at a speed greater than Mach 1 is
  necessary to accomplish one or more of the purposes specified in section 2(a)
  of this appendix, including a showing that the purpose of the test cannot be
  safely or properly accomplished by overocean testing;
    (2) A description of the test area proposed by the applicant, including an
  environmental analysis of that area meeting the requirements of paragraph (b)
  of this section; and
    (3) Conditions and limitations that will ensure that no measurable sonic
  boom overpressure will reach the surface outside of the designated test area.
    (d) An application is denied if the Administrator finds that such action is
  necessary to protect or enhance the environment.

                               Section 2. Issuance

    (a) For a flight in a designated test area, an authorization to exceed Mach
  1 may be issued when the Administrator has taken the environmental protective
  actions specified in section 1(b) of this appendix and the applicant shows
  one or more of the following:
    (1) The flight is necessary to show compliance with airworthiness
  requirements.
    (2) The flight is necessary to determine the sonic boom characteristics of
  the airplane or to establish means of reducing or eliminating the effects of
  sonic boom.
    (3) The flight is necessary to demonstrate the conditions and limitations
  under which speeds greater than a true flight Mach number of 1 will not cause
  a measurable sonic boom overpressure to reach the surface.
    (b) For a flight outside of a designated test area, an authorization to
  exceed Mach 1 may be issued if the applicant shows conservatively under
  paragraph (a)(3) of this section that--
    (1) The flight will not cause a measurable sonic boom overpressure to reach
  the surface when the aircraft is operated under conditions and limitations
  demonstrated under paragraph (a)(3) of this section; and
    (2) Those conditions and limitations represent all foreseeable operating
  conditions.

                               Section 3. Duration

    (a) An authorization to exceed Mach 1 is effective until it expires or is
  surrendered, or until it is suspended or terminated by the Administrator.
  Such an authorization may be amended or suspended by the Administrator at any
  time if the Administrator finds that such action is necessary to protect the
  environment. Within 30 days of notification of amendnent, the holder of the
  authorization must request reconsideration or the amendnent becomes final.
  Within 30 days of notification of suspension, the holder of the authorization
  must request reconsideration or the authorization is automatically
  terminated. If reconsideration is requested within the 30-day period, the
  amendment or suspension continues until the holder shows why the
  authorization should not be amended or terminated. Upon such showing, the
  Administrator may terminate or amend the authorization if the Administrator
  finds that such action is necessary to protect the environment, or he may
  reinstate the authorization without amendment if he finds that termination or
  amendnent is not necessary to protect the environment.
    (b) Findings and actions by the Administrator under this section do not
  affect any certificate issued under Title VI of the Federal Aviation Act of
  1958.

  [Doc. No. 18334, Amdt. 91-211, 54 FR 34327, Aug. 18, 1989]




      Appendix C to Part 91--Operations in the North Atlantic (NAT) Minimum
              Navigation Performance Specifications (MNPS) Airspace

                                    Section 1

    NAT MNPS airspace is that volume of airspace between FL 275 and FL 400
  extending between latitude 27 degrees north and the North Pole, bounded in
  the east by the eastern boundaries of control areas Santa Maria Oceanic,
  Shanwick Oceanic, and Reykjavik Oceanic and in the west by the western
  boundary of Reykjavik Oceanic Control Area, the western boundary of Gander
  Oceanic Control Area, and the western boundary of New York Oceanic Control
  Area, excluding the areas west of 60 degrees west and south of 38 degrees 30
  minutes north.

                                    Section 2

    The navigation performance capability required for aircraft to be operated
  in the airspace defined in section 1 of this appendix is as follows:
    (a) The standard deviation of lateral track errors shall be less than 6.3
  NM (11.7 Km). Standard deviation is a statistical measure of data about a
  mean value. The mean is zero nautical miles. The overall form of data is such
  that the plus and minus 1 standard deviation about the mean encompasses
  approximately 68 percent of the data and plus or minus 2 deviations
  encompasses approximately 95 percent.
    (b) The proportion of the total flight time spent by aircraft 30 NM (55.6
  Km) or more off the cleared track shall be less than 5.3 x 10-4 (less than 1
  hour in 1,887 flight hours).
    (c) The proportion of the total flight time spent by aircraft between 50 NM
  and 70 NM (92.6 Km and 129.6 Km) off the cleared track shall be less than 13
  x 10-5 (less than 1 hour in 7,693 flight hours.)

                                    Section 3

    Air traffic control (ATC) may authorize an aircraft operator to deviate
  from the requirements of Sec. 91.705 for a specific flight if, at the time of
  flight plan filing for that flight, ATC determines that the aircraft may be
  provided appropriate separation and that the flight will not interfere with,
  or impose a burden upon, the operations of other aircraft which meet the
  requirements of Sec. 91.705.

  [Doc. No. 18334, Amdt. 91-211, 54 FR 34327, Aug. 18, 1989]




  Appendix D--Airports/Locations: Special Operating Restrictions

    Section 1. Locations at which the requirements of Sec. 91.215(b)(2) apply.
    The requirements of Sec. 91.215(b)(2) apply below 10,000 feet above the
  surface within a 30-nautical-mile radius of each location in the following
  list:

  Atlanta, GA (The William B. Hartsfield Atlanta International Airport)
  Baltimore, MD (Baltimore Washington International Airport)
  Boston, MA (General Edward Lawrence Logan International Airport)
  Chantilly, VA (Washington Dulles International Airport)
  Charlotte, NC (Charlotte/Douglas International Airport)
  Chicago, IL Chicago-O'Hare International Airport)
  Cleveland, OH (Cleveland-Hopkins International Airport)
  Dallas, TX (Dallas/Fort Worth Regional Airport)
  Denver, CO (Denver International Airport)
  Detroit, MI (Metropolitan Wayne County Airport)
  Honolulu, HI (Honolulu International Airport)
  Houston, TX (Houston Intercontinental Airport)
  Kansas City, KS (Mid-Continent International Airport)
  Las Vegas, NV (McCarran International Airport)
  Los Angeles, CA (Los Angeles International Airport)
  Memphis, TN (Memphis International Airport)
  Miami, FL (Miami International Airport)
  Minneapolis, MN (Minneapolis-St. Paul International Airport)
  Newark, NJ (Newark International Airport)
  New Orleans, LA (New Orleans International Airport-Moisant Field)
  New York, NY (John F. Kennedy International Airport)
  New York, NY (LaGuardia Airport)
  Orlando, FL (Orlando International Airport)
  Philadelphia, PA (Philadelphia International Airport)
  Phoenix, AZ (Phoenix Sky Harbor International Airport)
  Pittsburgh, PA (Greater Pittsburgh International Airport)
  St. Louis, MO (Lambert-St. Louis International Airport)
  Salt Lake City, UT (Salt Lake City International Airport)
  San Diego, CA (San Diego International Airport)
  San Francisco, CA (San Francisco International Airport)
  Seattle, WA (Seattle-Tacoma International Airport)
  Tampa, FL (Tampa International Airport)
  Washington, DC (Washington National Airport)

    Section 2. Airports at which the requirements of Sec. 91.215(b)(5)(ii)
  apply.
    The requirements of Sec. 91.215(b)(5)(ii) apply to operations in the
  vicinity of each of the following airports:

  Billings, MT (Logan International Airport)

    Section 3. Locations at which fixed-wing Special VFR operations are
  prohibited.
    The Special VFR weather minimums of Sec. 91.157 do not apply to the
  following airports:

  Atlanta, GA (The William B. Hartsfield Atlanta International Airport)
  Baltimore, MD (Baltimore/Washington International Airport)
  Boston, MA (General Edward Lawrence Logan International Airport)
  Buffalo, NY (Greater Buffalo International Airport)
  Chicago, IL (Chicago-O'Hare International Airport)
  Cleveland, OH (Cleveland-Hopkins International Airport)
  Columbus, OH (Port Columbus International Airport)
  Covington, KY (Greater Cincinnati International Airport)
  Dallas, TX (Dallas/Fort Worth Regional Airport)
  Dallas, TX (Love Field)
  Denver, CO (Denver International Airport)
  Detroit, MI (Metropolitan Wayne County Airport)
  Honolulu, HI (Honolulu International Airport)
  Houston, TX (Houston Intercontinental Airport)
  Indianapolis, IN (Indianapolis International Airport)
  Los Angeles, CA (Los Angeles International Airport)
  Louisville, KY (Standiford Field)
  Memphis, TN (Memphis International Airport)
  Miami, FL (Miami International Airport)
  Minneapolis, MN (Minneapolis-St. Paul International Airport)
  Newark, NJ (Newark International Airport)
  New York, NY (John F. Kennedy International Airport)
  New York, NY (LaGuardia Airport)
  New Orleans, LA (New Orleans International Airport-Moisant Field)
  Philadelphia, PA (Philadelphia International Airport)
  Pittsburgh, PA (Greater Pittsburgh International Airport)
  Portland, OR (Portland International Airport)
  San Francisco, CA (San Francisco International Airport)
  Seattle, WA (Seattle-Tacoma International Airport)
  St. Louis, MO (Lambert-St. Louis International Airport)
  Tampa, FL (Tampa International Airport)
  Washington, DC (Washington National Airport)

    Section 4. Locations at which solo student pilot activity is not permitted.
    Pursuant to Sec. 91.131(b)(2), solo student pilot operations are not
  permitted at any of the following airports.
  Atlanta, GA (The William B. Hartsfield Atlanta International Airport)
  Boston, MA (General Edward Lawrence Logan International Airport)
  Chicago, IL (Chicago-O'Hare International Airport)
  Dallas, TX (Dallas/Fort Worth Regional Airport)
  Los Angeles, CA (Los Angeles International Airport)
  Miami, FL (Miami International Airport)
  Newark, NJ (Newark International Airport)
  New York, NY (John F. Kennedy International Airport)
  New York, NY (LaGuardia Airport)
  San Francisco, CA (San Francisco International Airport)
  Washington, DC (Washington National Airport)
  Andrews Air Force Base, MD

  [Amdt. No. 91-227, 56 FR 65661, Dec. 17, 1991, as amended by Amdt. 91-235,
  58 FR 51968, Oct. 5, 1993; 58 FR 57549, Oct. 26, 1993; Amdt. 91-236, 59 FR
  2918, Jan. 19, 1994; Amdt. 91-237, 59 FR 6547, Feb. 11, 1994; Amdt. 91-238,
  59 FR 10958, Mar. 9, 1994; Amdt. 91-241, 59 FR 24916, May 13, 1994; 59 FR
  29716, June 9, 1994; Amdt. 91-243, 60 FR 8166, Feb. 10, 1995]





          Appendix E to Part 91--Airplane Flight Recorder Specifications

                                      Installed
                                      system /1/
                                       minimum
                                    accuracy (to     Sampling
                                      recovered    interval (per  Resolution/4/
      Parameters         Range          data)         second)       read out

   Relative Time     8 hr minimum   +/-0.125% per  1              1 sec.
    (From Recorded                   hour
    on Prior to
    Takeoff)
   Indicated         Vso to VD      +/-5% or +/-   1              1% /3/
    Airspeed          (KIAS)         10 kts.,
                                     whichever is
                                     greater.
                                     Resolution 2
                                     kts. below
                                     175 KIAS
   Altitude          -1,000 ft. to  +/-100 to +/-  11             25 to 150 ft.
                      max cert.      700 ft. (see
                      alt. of A/C    Table 1, TSO
                                     C51-a)
   Magnetic Heading  360 deg.       +/-5 deg.      1              1 deg.
   Vertical          -3g to +6g     +/-0.2g in     4 (or 1 per    0.03g.
    Acceleration                     addition to    second where
                                     +/-0.3g        peaks, ref.
                                     maximum        to 1g are
                                     datum          recorded)
   Longitudinal      +/-1.0g        +/-1.5% max.   2              0.01g.
    Acceleration                     range
                                     excluding
                                     datum error
                                     of +/-5%
   Pitch Attitude    100% of        +/-2 deg.      1              0.8 deg.
                      usable
   Roll Attitude     +/-60 deg. or  +/-2 deg.      1              0.8 deg.
                      100% of
                      usable
                      range,
                      whichever is
                      greater
   Stabilizer Trim   Full Range     +/-3% unless   1              1% /3/
    Position, or                     higher
                                     uniquely
                                     required
   Pitch Control
    Position
   Engine Power,     Full Range     +/-3% unless   1              1% /3/
    Each Engine:                     higher
                                     uniquely
                                     required
     Fan or N1       Maximum Range  +/-5%          1              1% /3/
      Speed or EPR
      or Cockpit
      indications
      Used for
      Aircraft
      Certification
      OR
     Prop. speed                                   1 (prop        1% /3/
      and Torque                                    Speed)
      (Sample Once/                                 1 (torque)1% /3/
      Sec as Close
      together as
      Practicable)
   Altitude Rate/2/  +/-8,000 fpm   +/-10%.        1              250 fpm.
    (need depends                    Resolution                    below 12,000
    on altitude                      250 fpm
    resolution)                      below 12,000
                                     ft.
                                     indicated
   Angle of Attack/2/ -20 deg. to    +/-2 deg.     1              0.8% /3/
    (need depends     40 deg. or
    on altitude       100% of
    resolution)       usable range
   Radio             On/Off                        1
    Transmitter
    Keying
    (Discrete)
   TE Flaps          Each discrete                 1
    (Discrete or      position (U,
    Analog)           D, T/O, AAP)
                      OR
   LE Flaps          Analog 0-100%  +/-3%          1              1% /3/
    (Discrete or      range
    Analog)
                     Each discrete                 1
                      position (U,
                      D, T/O, AAP)
                      OR
   Thrust Reverser,  Analog 0-100%  +/-3 deg.      1              1% /3/
    Each Engine       range
    (Discrete)        Stowed or
                      full reverse
   Spoiler/          Stowed or out                 1
    Speedbrake
    (Discrete)
   Autopilot         Engaged or                    1
    Engaged           Disengaged
    (Discrete)

   /1/ When data sources are aircraft instruments (except altimeters) of
   acceptable quality to fly the aircraft the recording system excluding these
   sensors (but including all other characteristics of the recording system)
   shall contribute no more than half of the values in this column.

   /2/ If data from the altitude encoding altimeter (100 ft. resolution) is
   used, then either one of these parameters should also be recorded. If
   however, altitude is recorded at a minimum resolution of 25 feet, then
   these two parameters can be omitted.

   /3/ Per cent of full range.

   /4/ This column applies to aircraft manufactured after October 11, 1991.

  [Doc. No. 18334, Amdt. 91-211, 54 FR 34327, Aug. 18, 1989]




                Appendix F to Part 91--Helicopter Flight Recorder
                                 Specifications

                                    Installed
                                     system /1/
                                     minimum
                                  accuracy (to     Sampling
                                    recovered    interval (per  Resolution /3/
     Parameters        Range          data)         second)       read out

    Relative Time  4 hr minimum   +/-0.125% per  1              1 sec.
     (From                         hour
     Recorded on
     Prior to
     Takeoff)
    Indicated      VM in to VD    +/-5% or +/-   1              1 kt.
     Airspeed       (KIAS)         10 kts.,
                    (minimum       whichever is
                    airspeed       greater
                    signal
                    attainable
                    with
                    installed
                    pilot-static
                    system)
    Altitude       -1,000 ft. to  +/-100 to +/-  1              25 to 150 ft.
                    20,000 ft.     700 ft. (see
                    pressure       Table 1, TSO
                    altitude       C51-a)
    Magnetic       360 deg.       +/-5 deg.      1              1 deg.
     Heading
    Vertical       -3g to +6g     +/-0.2g in     4 (or 1 per    0.05g.
     Acceleration                  addition to    second where
                                   +/-0.3g        peaks, ref.
                                   maximum        to 1g are
                                   datum          recorded)
    Longitudinal   +/-1.0g        +/-1.5% max.   2              0.03g.
     Acceleration                  range
                                   excluding
                                   datum error
                                   of +/-
    Pitch          100% of        +/-2 deg.      1              0.8 deg.
     Attitude       usable range
    Roll Attitude  +/-60 or 100%  +/-2 deg.      1              0.8 deg.
                    of usable
                    range,
                    whichever is
                    greater
    Altitude Rate  +/-8,000 fpm   +/-10%         1              250 fpm below
                                   Resolution                    12,000.
                                   250 fpm
                                   below 12,000
                                   ft.
                                   indicated

    Engine Power,
     Each Engine

    Main Rotor     Maximum Range  +/-5%          1              1% /2/.
     Speed
    Free or Power  Maximum Range  +/-5%          1              1% /2/.
     Turbine
    Engine Torque  Maximum Range  +/-5%          1              1% /2/.

    Flight
     Control
     Hydraulic
     Pressure

    Primary        High/Low                      1
     (Discrete)
    Secondary--if  High/Low                      1
     applicable
     (Discrete)
    Radio          On/Off                        1
     Transmitter
     Keying
     (Discrete)
    Autopilot      Engaged or                    1
     Engaged        Disengaged
     (Discrete)
    SAS Status-    Engaged or                    1
     Engaged        Disengaged
     (Discrete)
    SAS Fault      Fault/OK                      1
     Status
     (Discrete)

    Flight
     Controls

    Collective     Full range     +/-3%          2              1% /2/.
    Pedal          Full range     +/-3%          2              1% /2/.
     Position
    Lat. Cyclic    Full range     +/-3%          2              1% /2/.
    Long. Cyclic   Full range     +/-3%          2              1% /2/.
    Controllable   Full range     +/-3%          2              1% /2/.
     Stabilator
     Position

    /1/ When data sources are aircraft instruments (except altimeters) of
    acceptable quality to fly the aircraft the recording system excluding
    these sensors (but including all other characteristics of the recording
    system) shall contribute no more than half of the values in this column.

    /2/ Per cent of full range.

    /3/ This column applies to aircraft manufactured after October 11, 1991..

  [Doc. No. 18334, Amdt. 91-211, 54 FR 34328, Aug. 18, 1989; 54 FR 41211,
  Oct. 5, 1989; 54 FR 53036, Dec. 26, 1989]

 14 CFR 91 * Amendment 91-252 *  Dec. 16, 1996