Title 14--Aeronautics and Space
CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
SUBCHAPTER F--AIR TRAFFIC AND GENERAL OPERATING RULES
PART 91--GENERAL OPERATING AND FLIGHT RULES
Special Federal Aviation Regulations
SFAR No. 29-4 -- Limited IFR Operations of Rotorcraft
SFAR No. 41 -- Amended or Supplemental Type Certificate for Maximum
Takeoff Weight in Excess of 12,500 Pounds
SFAR No. 50-2 -- Special Flight Rules in the Vicinity of the Grand
Canyon National Park, AZ.
SFAR No. 51-1 -- Special Flight Rules in the Vicinity of Los Angeles
International Airport
SFAR No. 60 -- Air Traffic Control System Emergency Operation
SFAR No. 64 -- Special Flight Authorizations for Noise Restricted Aircraft
SFAR No. 66 -- Prohibition Against Certain Flights Between the United States and
Yugoslavia
SFAR No. 67 -- Prohibition Against Certain Flights Within the Territory and
Airspace of Afghanistan
SFAR No. 71--Special Operating Rules for Air Tour Operators in the State of
Hawaii
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.
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 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 Smoking and safety belt signs.
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.
91.537-91.599 [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 communi.
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]
91.853 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 Phased compliance for new entrants.
91.869 Carry-forward compliance.
91.871 Waivers from interim compliance requirements.
91.873 Waivers from final compliance.
91.875 Annual progress reports.
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-Category II Operations: Manual, Instruments, Equipment, and
Maintenance
Appendix B-Authorizations to Exceed Mach 1 ( 91.817)
Appendix C-Operations in the North Atlantic (NAT) Minimum Navigation
Performance Specifications (MNPS) Airspace
Appendix D-Airports/Locations: Special Operating Restrictions.
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.
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.
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 Part 135 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) Notwithstanding the provisions of Federal Aviation Regulations Sec.
135.1(b)(2), nonstop 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 Part 135.
(b) No person holding or required to hold an operating certificate under
Part 135 may operate an aircraft 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, 1995.
[ ...Illustration appears here... ]
Grand Canyon National Park (Flight Map)
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.
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.
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.
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.
Special Federal Aviation Regulation (SFAR) No. 67
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,
1995.
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 parts 91 and 135 of
the Federal Aviation Regulations. This rule does not apply to 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 Sec. 91.107 or 135.117:
(a) Water ditching procedures;
(b) Use of required flotation equipment; and
(c) Emergency egress from the aircraft in event of a water landing.'
Section 8. Termination date. This Special Federal Aviation Regulation
expires on October 26, 1997.
Issued in Washington, DC, on September 22, 1994.
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.
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.
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.
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 a seat or berth if that person has
not reached his or her second birthday;
(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) 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." Vest- and harness-
type child restraint systems manufactured before February 26, 1985, bearing
such a label are not approved for the purposes of this section;
(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; 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.
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.
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, a pilot in command may not
deviate from that clearance, except in an emergency, unless that pilot
obtains an amended clearance. However, except in Class A airspace, this
paragraph does not prohibit that pilot from canceling 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 must 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, 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.
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.
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.
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.
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.
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.
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).
Effective Date Note: At 54 FR 34291, August 18, 1989, Sec. 91.141 was
added effective August 18, 1990.
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.
Effective Date Note: At 54 FR 34291, August 18, 1989, Sec. 91.143 was
added effective August 18, 1990.
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.
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.
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 deg. or more above 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.
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.
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.
(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.
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 manual.
(a) No person may operate a civil aircraft of United States registry in a
Category II operation unless--
(1) There is available in the aircraft a current, approved Category II
manual for that aircraft;
(2) The operation is conducted in accordance with the procedures,
instructions, and limitations in that manual; and
(3) The instruments and equipment listed in the manual that are required
for a particular Category II operation have been inspected and maintained in
accordance with the maintenance program contained in that manual.
(b) Each operator shall keep a current copy of the approved manual at its
principal base of operations and shall make it available for inspection upon
request of the Administrator.
(c) This section does not apply to operations conducted by the holder of a
certificate issued under part 121 of this chapter.
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
Sec. 91.201 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 his baggage aboard that airplane
except--
(a) In a suitable baggage or cargo storage compartment, or as provided in
Sec. 91.203; 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. After December 4,
1979, 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. 91.203 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.
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) 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.
(12) An approved safety belt with an approved metal-to-metal latching
device for each occupant 2 years of age or older.
(13) 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.
(14) An emergency locator transmitter, if required by Sec. 91.207.
(15) 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.
(16) 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. For Category II operations the instruments and
equipment specified in paragraph (d) of this section and appendix A to this
part are required. This paragraph does not apply to operations conducted by
the holder of a certificate issued under part 121 of this chapter.
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.
Sec. 91.209 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. 91.209 Aircraft lights.
No person may, 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)--
(a) Operate an aircraft unless it has lighted position lights;
(b) Park or move an aircraft in, or in dangerous proximity to, a night
flight operations area of an airport unless the aircraft--
(1) Is clearly illuminated;
(2) Has lighted position lights; or
(3) Is in an area which is marked by obstruction lights;
(c) Anchor an aircraft unless the aircraft--
(1) Has lighted anchor lights; or
(2) Is in an area where anchor lights are not required on vessels; or
(d) Operate an aircraft, required by Sec. 91.205(c)(3) to be equipped with
an anticollision light system, unless it has approved and lighted aviation
red or aviation white 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.
Sec. 91.211 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, he has had at least 50 hours
of flight time as a flight engineer on that type airplane, or the
Administrator has checked him on that type airplane and determined that he is
familiar and competent with all essential current information and operating
procedures.
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.
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
Sec. 91.301 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 91.303, 91.305, 91.306, and 91.307 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, 123, 129, and 135 of this chapter.
(2) Section 91.308 applies to U.S. operators of civil subsonic turbojet
airplanes covered by this subpart. That section applies to operators
operating to or from airports in the United States under this part and Parts
121, 123, 125, and 135 but not to those operating under Part 129 of this
chapter.
(3) Sections 91.302, 91.309 and 91.311 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 a U.S. standard
airworthiness certificate in order to conduct the operations intended for the
airplane. Those sections apply to operations under this part and under Parts
121, 123, 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.
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.
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.
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.
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.
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.
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.
Secs. 91.326--91.399 [Reserved]
Subpart E--Maintenance, Preventive Maintenance, and Alterations
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.
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.
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.
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
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) and (d) 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.
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.
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.
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.
Secs. 91.536--91.599 [Reserved]
Subpart G--Additional Equipment and Operating Requirements for Large and
Transport Category Aircraft
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) 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.
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
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.
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.
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).
Secs. 91.717--91.799 [Reserved]
Subpart I--Operating Noise Limits
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.875 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.
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.
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 91.875 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, 125, 129, or 135
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.
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.
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.
Sec. 91.857 Airplanes imported to points outside the contiguous United
States.
An operator of a Stage 2 airplane that was imported into a noncontiguous
State, territory, or possession of the 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.
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.
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.
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.
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.
Sec. 91.867 Phased compliance for new entrants.
(a) New entrant U.S. air carriers.
(1) A new entrant initiating operations under part 121, 125, or 135 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.
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).
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.
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.
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).
Secs. 91.877--91.899 [Reserved]
Subpart J--Waivers
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.
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. 91.33 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 marker.
(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 paragraph (1)
of this paragraph (a).
(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 II operations, the radio altimeter and auto throttle
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 touch down and
roll out.
(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, 2000 K Street
NW., Washington, D.C. 20006, at cost of 50 cents per copy, payment in cash or
by check or money order payable to the Radio Technical Commission for
Aeronautics;
(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 II operations under applicable type or supplemental type
certification procedures. In addition, subsequent changes to make, model or
design of these components must be approved under this paragraph. Related
systems or devices such as the auto throttle 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
altitude.
(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 second 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 section 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 programed airspeed but may not be less than computed threshold
speed, if auto throttles 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 Administrator 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 touch down 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 section 2
of this ppendix that is installed in the aircraft and approved for Category
II operations, including the make and model of those specified in section
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.
(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.
Effective Date Note: At 54 FR 34291, August 18, 1989, Appendix A was
replaced effective August 18, 1990. For the convenience of the user, the new
text is set forth as follows:
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.
Appendix B to Part 91--Authorizations to Exceed Mach 1 (Sec. 91.55)
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, that he deems 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 insure 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.
Sec. 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 is necessary 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.
Sec. 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 he finds that such action is necessary to
protect the environment. Within 30 days of notification of amendment, the
holder of the authorization must request reconsideration or the amendment
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, in
his opinion, the authorization should not be amended or terminated. Upon such
showing, the Administrator may terminate or amend the authorization if he
finds that such action is necessary to protect the environment, or he may
reinstate the authorization without amendment if he finds that termination or
amendment 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.
(Sec. 307(c), 313(a), 611, Federal Aviation Act of 1958, 49 U.S.C. 1348(c),
1354(a), 1431; sec. 2(b)(2), 6(c), Department of Transportation Act, 49
U.S.C. 1651(b)(2), 1655(c), Title I of the National Environmental Policy Act
of 1969, 42 U.S.C. 4321 et seq., E. O. 11514, Protection and Enhancement of
Environmental Quality, Mar. 5, 1970)
Effective Date Note: At 54 FR 34291, August 18, 1989, Appendix B was
replaced effective August 18, 1990. For the convenience of the user, the new
text is set forth as follows:
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.
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 Sec. 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 one standard deviation about the mean encompasses
approximately 68 percent of the data and plus or minus two 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
one 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 one hour in 7,693 flight hours).
Section 3. Air traffic control (ATC) may authorize an aircraft operator to
deviate from the requirements of Sec. 91.20 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. 91.20.
(Secs. 307, 313(a), 601, 604, and 1102, Federal Aviation Act of 1958, as
amended (49 U.S.C. 1348, 1354(a), 1421, 1424, and 1502); sec. 6(c),
Department of Transportation Act (49 U.S.C. 1655(c)))
[Amdt. No. 91-144, 42 FR 64881, Dec. 29, 1977, as amended by Amdt. 91-193, 50
FR 51193, Dec. 13, 1985]
Effective Date Note: At 54 FR 34291, August 18, 1989, Appendix C was
replaced effective August 18, 1990. For the convenience of the user, the new
text is set forth as follows:
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.
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
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.
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.
