Note: See Section 91.851 for Stage 2 Phase Out Information
WAIS Document Retrieval

[Code of Federal Regulations]
[Title 14, Volume 2, Parts 60 to 139]
[Revised as of January 1, 1998]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR91]

[Page 167-263]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION (Continued)
 
PART 91--GENERAL OPERATING AND FLIGHT RULES

                  Special Federal Aviation Regulations

SFAR No. 29-4
SFAR No. 50-2
SFAR No. 51-1
SFAR No. 60
SFAR No. 61-2
SFAR No. 62
SFAR No. 64
SFAR No. 65-1
SFAR No. 66-2
SFAR No. 67
SFAR No. 71
SFAR No. 77
SFAR No. 78
SFAR No. 79

                           Subpart A--General

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

                         Subpart B--Flight Rules

                                 General

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

                           Visual Flight Rules

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

                         Instrument Flight Rules

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

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91.193  Certificate of authorization for certain Category II operations.
91.195--91.199  [Reserved]

     Subpart C--Equipment, Instrument, and Certificate Requirements

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

                  Subpart D--Special Flight Operations

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

     Subpart E--Maintenance, Preventive Maintenance, and Alterations

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

       Subpart F--Large and Turbine-Powered Multiengine Airplanes

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

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          as Reduced Vertical Separation Minimum Airspace.
91.707  Flights between Mexico or Canada and the United States.
91.709  Operations to Cuba.
91.711  Special rules for foreign civil aircraft.
91.713  Operation of civil aircraft of Cuban registry.
91.715  Special flight authorizations for foreign civil aircraft.
91.717--91.799  [Reserved]

                    Subpart I--Operating Noise Limits

91.801  Applicability: Relation to part 36.
91.803  Part 125 operators: Designation of applicable regulations.
91.805  Final compliance: Subsonic airplanes.
91.807  Phased compliance under parts 121, 125, and 135: Subsonic 
          airplanes.
91.809  Replacement airplanes.
91.811  Service to small communities exemption: Two-engine, subsonic 
          airplanes.
91.813  Compliance plans and status: U.S. operations of subsonic 
          airplanes.
91.815  Agricultural and fire fighting airplanes: Noise operating 
          limitations.
91.817  Civil aircraft sonic boom.
91.819  Civil supersonic airplanes that do not comply with part 36.
91.821  Civil supersonic airplanes: Noise limits.
91.823--91.849  [Reserved]
91.851  Definitions.
91.853  Final compliance: Civil subsonic airplanes.
91.855  Entry and nonaddition rule.
91.857  Stage 2 operations outside of the 48 contiguous United States, 
          and authorization for maintenance.
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.
91.877  Annual reporting of Hawaiian operations.
91.879--91.899  [Reserved]

                           Subpart J--Waivers

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

                          Appendices to Part 91

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

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

                  Special Federal Aviation Regulations

           SFAR No. 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.

[[Page 170]]

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

(Secs. 313(a), 601(a), and 603, Federal Aviation Act of 1958 (49 U.S.C. 
1354(a), 1421(a), and 1423) and section 6(c), Department of 
Transportation Act (49 U.S.C. 1655(c)))
[Doc. No. 14237, 48 FR 632, Jan. 6, 1983, as amended by Amdt. 91-211, 54 
FR 34331, Aug. 18, 1989]

SFAR No. 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. 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

[[Page 171]]

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. 9. Termination date. Sections 1. Applicability, Section 4, 
Flight-free zones, and Section 5. Minimum flight altitudes, expire on 
0901 UTC, January 31, 1999.

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[GRAPHIC] [TIFF OMITTED] TC26SE91.000


[SFAR 50-2, 53 FR 20273, June 2, 1988; 53 FR 21988, June 13, 1988; 53 FR 
32603, Aug. 26, 1988, as amended at 53 FR 36947, Sept. 22, 1988; 54 FR 
11927, Mar. 22, 1989; 54 FR 34331, Aug. 18, 1989; 55 FR 13445, Apr. 10, 
1990; 55 FR 15320, Apr. 23, 1990; 57 FR 26766, June 15, 1992; 60 FR 
31610, June 15, 1995; 60 FR 65913, Dec. 20, 1995; 62 FR 8864, Feb. 26, 
1997; 62 FR 66250, Dec. 17, 1997]

[[Page 173]]


    Effective Date Note: By Doc. No. 28537, 62 FR 66250, Dec. 17, 1997, 
Special Federal Aviation Regulation No. 50-2 was amended by revising 
section 9, effective Jan. 16, 1998. For the convenience of the user, the 
superseded text is set forth as follows:

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

                                * * * * *

    Sec. 9. Termination date. Sections 1. Applicability, Section 4, 
Flight-free zones, and Section 5. Minimum flight altitudes, expire on 
0901 UTC, January 31, 1998.

                                * * * * *

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

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

    Authority: 49 U.S.C. app. 1303, 1348, 1354(a), 1421, and 1422; 49 
U.S.C. 106(g).
[Doc. No. 87-AWA-31, SFAR 51-1, 53 FR 3812, Feb. 9, 1988, as amended by 
Amdt. 91-227, 56 FR 65652, Dec. 17, 1991]

 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

[[Page 174]]

operations will be accomplished, to the extent practical, on a pro rata 
basis among and between air carrier, commercial operator, and general 
aviation operations. Flights cancelled under this SFAR at a high density 
traffic airport will be considered to have been operated for purposes of 
part 93 of the Federal Aviation Regulations.
    4. The Director may activate the National Air Traffic Reduced 
Complement Operations Plan at any time he finds that it is necessary for 
the safety and efficiency of the National Airspace System. Upon 
activation of the RCOP and notwithstanding any provision of the FAR to 
the contrary, the Director is authorized to suspend or modify any 
airspace designation.
    5. Notice of restrictions, prohibitions, procedures and other 
actions taken by the Director under this regulation with respect to the 
operation of the Air Traffic Control system will be announced in Notices 
to Airmen issued pursuant to Sec. 91.139 of the Federal Aviation 
Regulations.
    6. The Director may delegate his authority under this regulation to 
the extent he considers necessary for the safe and efficient operation 
of the National Air Traffic Control System.

    Authority: 49 U.S.C. app. 1301(7), 1303, 1344, 1348, 1352 through 
1355, 1401, 1421 through 1431, 1471, 1472, 1502, 1510, 1522, and 2121 
through 2125; articles 12, 29, 31, and 32(a) of the Convention on 
International Civil Aviation (61 stat. 1180); 42 U.S.C. 4321 et seq.; 
E.O. 11514, 35 FR 4247, 3 CFR, 1966-1970 Comp., p. 902; 49 U.S.C. 
106(g).
[Doc. No. 26351, 55 FR 40760, Oct. 4, 1990, as amended by Amdt. 91-227, 
56 FR 65652, Dec. 17, 1991]

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

    1. Applicability. This Special Federal Aviation Regulation (SFAR) 
No. 61-2 applies to all aircraft operations originating from, landing 
in, or overflying the territory of the United States.
    2. Special flight restrictions. Except as provided in paragraphs 3 
and 4 of this SFAR No. 61-2--
    (a) No person shall operate an aircraft on a flight to any point in 
Iraq, or to any intermediate point on a flight where the ultimate 
destination is any point in Iraq or that includes a landing at any point 
in Iraq in its intended itinerary, from any point in the United States;
    (b) No person shall operate an aircraft on a flight to any point in 
the United States from any point in Iraq, or from any intermediate point 
on a flight where the origin is in Iraq, or from any point on a flight 
which includes a departure from any point in Iraq in its intended 
itinerary; or
    (c) No person shall operate an aircraft over the territory of the 
United States if that aircraft's flight itinerary includes any landing 
at or departure from any point in Iraq.
    3. Permitted operations. This SFAR shall not prohibit the flight 
operations between the United States and Iraq described in section 2 of 
this SFAR by an aircraft authorized to conduct such operations by the 
United States Government in consultation with the committee established 
by UN Security Council Resolution 661 (1990), and in accordance with UN 
Security Council Resolution 666 (1990).
    4. Emergency situations. In an emergency that requires immediate 
decision and action for the safety of the flight, the pilot in command 
of an aircraft may deviate from this SFAR to the extent required by that 
emergency. Except for U.S. air carriers and commercial operators that 
are subject to the requirements of 14 CFR 121.557, 121.559, or 135.19, 
each person who deviates from this rule shall, within ten (10) days of 
the deviation, excluding Saturdays, Sundays, and Federal holidays, 
submit to the nearest FAA Flight Standards District Office a complete 
report of the operations or the aircraft involved in the deviation, 
including a description of the deviation and the reasons therefore.
    5. Duration. This SFAR No. 61-2 shall remain in effect until further 
notice.
[Doc. No. 26380, 60 FR 49139, Sept. 21, 1995]

   Special Federal Aviation Regulation No. 62--Suspension of Certain 
    Aircraft Operations from the Transponder with Automatic Pressure 
                Altitude Reporting Capability Requirement

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

[[Page 175]]

Mode C veil airspace overlying that airport, consistent with established 
traffic patterns, noise abatement procedures, and safety.
    Section 2. Effective until December 30, 1993. Airports at which the 
provisions of Sec. 91.215(b)(2) do not apply.
    (1) Airports within a 30-nautical-mile radius of The William B. 
Hartsfield Atlanta International Airport.

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

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

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

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

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

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

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

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

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

[[Page 176]]

                                                                        
------------------------------------------------------------------------

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

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

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

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

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

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

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

                                                                        
------------------------------------------------------------------------
                                                                   Alt. 
              Aiport name                       Arpt ID           (AGL) 
------------------------------------------------------------------------
Dillingham Airfield Airport, Mokuleia,   HDH                       2,500
 HI.                                                                    
------------------------------------------------------------------------

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

                                                                        
------------------------------------------------------------------------
                                                                   Alt. 
               Airport name                      Arpt. ID         (AGL) 
------------------------------------------------------------------------
Ainsworth Airport, Cleveland, TX.........  OT6                     1,200
Ausinia Ranch Airport, Texas City, TX....  TS50                    1,200
Bailes Airport, Angleton, TX.............  7R9                     1,200
Biggin Hill Airport, Hockley, TX.........  TX49                    1,200
Cleveland Municipal Airport, Cleveland,    6R3                     1,200
 TX.                                                                    
Covey Trails Airport, Fulshear, TX.......  80XS                    1,200
Creasy Airport, Santa Fe, TX.............  5TA5                    1,200
Custom Aire Service Airport, Angleton, TX  81D                     1,200
Fay Ranch Airport, Cedar Lane, TX........  OT2                     1,200
Flying C Ranch Airport, Needville, TX....  XS25                    1,200
Freeman Property Airport, Katy, TX.......  61T                     1,200
Garrett Ranch Airport, Danbury, TX.......  77XS                    1,200
Gum Island Airport, Dayton, TX...........  3T6                     1,200

[[Page 177]]

                                                                        
H & S Airfield Airport, Damon, TX........  XS21                    1,200
Harbican Airpark Airport, Katy, TX.......  9XS9                    1,200
Harold Freeman Farm Airport, Katy, TX....  8XS1                    1,200
HHI Hitchcock Heliport, Hitchcock, TX....  6TA5                    1,200
Hoffpauir Airport, Katy, TX..............  59T                     1,200
Horn-Katy Hawk International Airport,      57T                     1,200
 Katy, TX.                                                              
Johnnie Volk Field Airport, Hitchcock, TX  37R                     1,200
King Air Airport, Katy, TX...............  55T                     1,200
Lake Bay Gall Airport, Cleveland, TX.....  OT5                     1,200
Lake Bonanza Airport, Montgomery, TX.....  33TA                    1,200
Lane Airpark Airport, Rosenberg, TX......  T54                     1,200
Meyer Field Airport, Rosharon, TX........  TA33                    1,200
Prairie Aire Field Airport, Damon, TX....  4TA0                    1,200
R W J Airpark Airport, Baytown, TX.......  54TX                    1,200
Westheimer Air Park Airport, Houston, TX.  5TA4                    1,200
------------------------------------------------------------------------

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

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

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

                                                                        
------------------------------------------------------------------------
                                                                   Alt. 
              Airport name                      Arpt ID           (AGL) 
------------------------------------------------------------------------
Sky Ranch Estates Airport, Sandy         3L2                       2,500
 Valley, NV.                                                            
------------------------------------------------------------------------

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

                                                                        
------------------------------------------------------------------------
                                                                  Alt.  
              Airport name                      Arpt ID           (AGL) 
------------------------------------------------------------------------
Bernard Manor Airport, Earle, AR.......  M65                       2,500
Holly Springs-Marshall County Airport,   M41                       2,500
 Holly Springs, MS.                                                     
McNeely Airport, Earle, AR.............  M63                       2,500
Price Field Airport, Joiner, AR........  80M                       2,500
Tucker Field Airport, Hughes, AR.......  78M                       2,500
Tunica Airport, Tunica, MS.............  30M                       2,500
Tunica Municipal Airport, Tunica, MS...  M97                       2,500
------------------------------------------------------------------------

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

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

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

                                                                        
------------------------------------------------------------------------
                                                                  Alt.  
              Airport name                      Arpt ID           (AGL) 
------------------------------------------------------------------------
Bollinger SPB, Larose, LA..............  L38                       1,500
Clovelly Airport, Cut Off, LA..........  LA09                      1,500
------------------------------------------------------------------------

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

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

[[Page 178]]

                                                                        
Solberg-Hunterdon Airport, Readington,   N51                       2,000
 NJ.                                                                    
------------------------------------------------------------------------

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

                                                                        
------------------------------------------------------------------------
                                                                  Alt.  
              Airport name                      Arpt ID           (AGL) 
------------------------------------------------------------------------
Arthur Dunn Air Park Airport,            X21                       1,400
 Titusville, FL.                                                        
Space Center Executive Airport,          TIX                       1,400
 Titusville, FL.                                                        
------------------------------------------------------------------------

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

                                                                        
------------------------------------------------------------------------
                                                                  Alt.  
              Airport name                      Arpt ID           (AGL) 
------------------------------------------------------------------------
Ginns Airport, West Grove, PA..........  78N                       1,000
Hammonton Municipal Airport, Hammonton,  N81                       1,000
 NJ.                                                                    
Li Calzi Airport, Bridgeton, NJ........  N50                       1,000
New London Airport, New London, PA.....  N01                       1,000
Wide Sky Airpark Airport, Bridgeton, NJ  N39                       1,000
------------------------------------------------------------------------

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

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

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

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

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

                                                                        
------------------------------------------------------------------------
                                                                  Alt.  
              Airport name                      Arpt ID           (AGL) 
------------------------------------------------------------------------
Bolinder Field-Tooele Valley Airport,    TVY                       2,500
 Tooele, UT.                                                            
Cedar Valley Airport, Cedar Fort, UT...  UT10                      2,500
Morgan County Airport, Morgan, UT......  42U                       2,500
Tooele Municipal Airport, Tooele, UT...  U26                       2,500
------------------------------------------------------------------------

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

                                                                        
------------------------------------------------------------------------
                                                                  Alt.  
              Airport name                      Arpt ID           (AGL) 
------------------------------------------------------------------------
Firstair Field Airport, Monroe, WA.....  WA38                      1,500
Gower Field Airport, Olympia, WA.......  6WAZ                      1,500
Harvey Field Airport, Snohomish, WA....  S43                       1,500
------------------------------------------------------------------------

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

                                                                        
------------------------------------------------------------------------
                                                                  Alt.  
              Airport name                      Arpt ID           (AGL) 
------------------------------------------------------------------------
Hernando County Airport, Brooksville,    BKV                       1,500
 FL.                                                                    
Lakeland Municipal Airport, Lakeland,    LAL                       1,500
 FL.                                                                    
Zephyrhills Municipal Airport,           ZPH                       1,500
 Zephyrhills, FL.                                                       
------------------------------------------------------------------------

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

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

[[Page 179]]

                                                                        
U.S. Naval Weapons Center, Dahlgren Lab  NDY                       1,000
 Airport, Dahlgren, VA.                                                 
------------------------------------------------------------------------

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

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


    Authority: 49 U.S.C. app. 1301(7), 1303, 1344, 1348, 1352 through 
1355, 1401, 1421 through 1431, 1471, 1472, 1502, 1510, 1522, and 2121 
through 2125; articles 12, 29, 31, and 32(a) of the Convention on 
International Civil Aviation (61 stat. 1180); 42 U.S.C. 4321 et seq.; 
E.O. 11514, 35 FR 4247, 3 CFR, 1966-1970 Comp., p. 902; 49 U.S.C. 
106(g).
[Doc. No. 26242, 55 FR 50307, Dec. 5, 1990, as amended by Amdt. 91-227, 
56 FR 65652, Dec. 17, 1991; 57 FR 30822, July 10, 1992; Amdt. 91-227, 56 
FR 65652, Dec. 17, 1991; 58 FR 48728, Sept. 17, 1993; 58 FR 60552, Nov. 
17, 1993]

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

[[Page 180]]

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.
[58 FR 31641, June 3, 1993; Amdt. 91-232, 58 FR 62035, Nov. 24, 1993]

   Special Federal Aviation Regulation No. 65-1--Prohibition Against 
           Certain Flights Between the United States and Libya

    1. Applicability. This Special Federal Aviation Regulation (SFAR) 
No. 65-1 applies to all aircraft operations originating from, landing 
in, or overflying the territory of the United States.
    2. Special flight restrictions. Except as provided in paragraphs 3 
and 4 of this SFAR No. 65-1--
    (a) No person shall operate an aircraft on a flight to any point in 
Libya, or to any intermediate point on a flight where the ultimate 
destination is any point in Libya or that includes a landing at any 
point in Libya in its

[[Page 181]]

intended itinerary, from any point in the United States;
    (b) No person shall operate an aircraft on a flight to any point in 
the United States from any point in Libya, or from any intermediate 
point on a flight where the origin is in Libya, or from any point on a 
flight which includes a departure from any point in Libya in its 
intended itinerary; or
    (c) No person shall operate an aircraft over the territory of the 
United States if that aircraft's flight itinerary includes any landing 
at or departure from any point in Libya.
    3. Permitted operations. This SFAR shall not prohibit the flight 
operations between the United States and Libya described in section 2 of 
this SFAR by an aircraft authorized to conduct such operations by the 
United States Government in consultation with the committee established 
by UN Security Council Resolution 748 (1992), as affirmed by UN Security 
Council Resolution 883 (1993).
    4. Emergency situations. In an emergency that requires immediate 
decision and action for the safety of the flight, the pilot in command 
of an aircraft may deviate from this SFAR to the extent required by that 
emergency. Except for U.S. air carriers and commercial operators that 
are subject to the requirements of 14 CFR 121.557, 121.559, or 135.19, 
each person who deviates from this rule shall, within ten (10) days of 
the deviation, excluding Saturdays, Sundays, and Federal holidays, 
submit to the nearest FAA Flight Standards District Office a complete 
report of the operations or the aircraft involved in the deviation, 
including a description of the deviation and the reasons therefor.
    5. Duration. This SFAR No. 65-1 shall remain in effect until further 
notice.
[SFAR 65-1, 60 FR 48644, Sept. 20, 1995]

   Special Federal Aviation Regulation No. 66-2--Prohibition Against 
 Certain Flights between the United States and the Federal Republic of 
                   Yugoslavia (Serbia and Montenegro)

    1. Applicability. This Special Federal Aviation Regulation (SFAR) 
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 paragraphs 3 
and 4 of this SFAR No. 66-2--
    (a) No person shall operate an aircraft from any point in the United 
States to any point in the Federal Republic of Yugoslavia (Serbia and 
Montenegro) (hereinafter ``Serbia and Montenegro''), a flight having any 
intermediate or ultimate destination in Serbia and Montenegro, or a 
flight that includes a landing at any point in Serbia and Montenegro in 
its intended itinerary;
    (b) No person shall operate an aircraft to any point in the United 
States from any point in Serbia and Montenegro, or a flight from any 
intermediate point of departure where the origin of the flight is in 
Serbia and Montenegro, or a flight that includes a departure from any 
point in Serbia and Montenegro in its intended itinerary; or
    (c) No person shall operate an aircraft over the territory of the 
United States if that aircraft's flight itinerary includes any landing 
at or departure from any point in Serbia and Montenegro.
    3. Permitted operations. This SFAR shall not prohibit the flight 
operations between the United States, Serbia and Montenegro described in 
section 2 of this SFAR by an aircraft authorized to conduct such 
operations by the United States Government.
    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 as 
soon as possible to the air traffic control facility having 
jurisdiction.
    5. Expiration. This Special Federal Aviation Regulation expires June 
2, 1997.
[SFAR 66-2, 60 FR 28477, May 31, 1995]

    Effective Date Note: By Doc. No. 26903, 61 FR 631, Jan. 9, 1996, 
Special Federal Aviation Regulation 66-2 was suspended indefinitely.

Special Federal Aviation Regulation No. 67--Prohibition Against Cetrain 
        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:
    a. Where such operations are authorized either by the exemption 
issued by the Administrator or by another agency of the United States 
Government with the approval of the FAA; or

b. East of 071 deg.35' east longitude.

[[Page 182]]

    4. Emergency situations. in an emergency that requires immedicate 
decision and action fo the safety of the flight, the pilot in command of 
an aircraft may deviate fromthis 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 deviated 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, 1998.
[SFAR 67, 59 FR 25283, May 13, 1994, as amended by 60 FR 25981, May 15, 
1995; 61 FR 24431, May 14, 1996; 62 FR 26892, May 15, 1997]

    Effective Date Note: By Doc. No. 27744, 62 FR 26892, May 15, 1997, 
SFAR 67 is effective May 9, 1997 through May 10, 1998.

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

    Section 1. Applicability. This Special Federal Aviation Regulation 
prescribes operating rules for airplane and helicopter visual flight 
rules air tour flights conducted in the State of Hawaii under 14 CFR 
parts 91, 121, and 135. This rule does not apply to:
    (a) Operations conducted under 14 CFR part 121 in airplanes with a 
passenger seating configuration of more than 30 seats or a payload 
capacity of more than 7,500 pounds.
    (b) Flights conducted in gliders or hot air balloons.
    Section 2. Definitions. For the purposes of this SFAR:
    ``Air tour'' means any sightseeing flight conducted under visual 
flight rules in an airplane or helicopter for compensation or hire.
    ``Air tour operator'' means any person who conducts an air tour.
    Section 3. Helicopter flotation equipment. No person may conduct an 
air tour in Hawaii in a single-engine helicopter beyond the shore of any 
island, regardless of whether the helicopter is within gliding distance 
of the shore, unless:
    (a) The helicopter is amphibious or is equipped with floats adequate 
to accomplish a safe emergency ditching and approved flotation gear is 
easily accessible for each occupant; or
    (b) Each person on board the helicopter is wearing approved 
flotation gear.
    Section 4. Helicopter performance plan. Each operator must complete 
a performance plan before each helicopter air tour flight. The 
performance plan must be based on the information in the Rotorcraft 
Flight Manual (RFM), considering the maximum density altitude for which 
the operation is planned for the flight to determine the following:
    (a) Maximum gross weight and center of gravity (CG) limitations for 
hovering in ground effect;
    (b) Maximum gross weight and CG limitations for hovering out of 
ground effect; and,
    (c) Maximum combination of weight, altitude, and temperature for 
which height-velocity information in the RFM. is valid.
    The pilot in command (PIC) must comply with the performance plan.
    Section 5. Helicopter operating limitations. Except for approach to 
and transition from a hover, the PIC shall operate the helicopter at a 
combination of height and forward speed (including hover) that would 
permit a safe landing in event of engine power loss, in accordance with 
the height-speed envelope for that helicopter under current weight and 
aircraft altitude.
    Section 6. Minimum flight altitudes. Except when necessary for 
takeoff and landing, or operating in compliance with an air traffic 
control clearance, or as otherwise authorized by the Administrator, no 
person may conduct an air tour in Hawaii:
    (a) Below an altitude of 1,500 feet above the surface over all areas 
of the State of Hawaii, and,
    (b) Closer than 1,500 feet to any person or property; or,
    (c) Below any altitude prescribed by federal statute or regulation.
    Section 7. Passenger briefing. Before takeoff, each PIC of an air 
tour flight of Hawaii with a flight segment beyond the ocean shore of 
any island shall ensure that each passenger has been briefed on the 
following, in addition to requirements set forth in 14 CFR 91.107, 
121.571, or 135.117:
    (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, 2000.
[SFAR 71, 59 FR 49145, Sept. 26, 1994, as amended at 60 FR 65913, Dec. 
20, 1995; 62 FR 58859, Oct. 30, 1997]

Special Federal Aviation Regulation No. 77--Prohibition Against Certain 
            Flights Within the Territory and Airspace of Iraq

    1. Applicability. This rule applies to the following persons:
    (a) All U.S. air carriers or commercial operators;

[[Page 183]]

    (b) All persons exercising the privileges of an airman certificate 
issued by the FAA except such persons operating U.S.-registered aircraft 
for a foreign air carrier; or
    (c) All operators of 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 paragraphs 3 and 4 of 
this SFAR, no person described in paragraph 1 may conduct flight 
operations over or within the territory and airspace of Iraq.
    3. Permitted operations. This SFAR does not prohibit persons 
described in paragraph 1 from conducting flight operations over or 
within the territory and airspace of Iraq where such operations are 
authorized either by exemption issued by the Administrator or by another 
agency of the United States Government.
    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 or commercial operators that are 
subject to the requirements of 14 CFR parts 119, 121, or 135, 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 therefore.
    5. Expiration. This Special Federal Aviation Regulation will remain 
in effect until further notice.
[Doc. No. 28691, 61 FR 54021, Oct. 16, 1996]

 SFAR No. 78--Special Operating Rules for Commercial Air Tour Operators 
           in the Vicinity of the Rocky Mountain National Park

    Section 1. Applicability. This Special Federal Aviation Regulation 
prescribes operating rules for commercial air tour flight operations 
within the lateral boundaries of the Rocky Mountain National Park, CO.
    Sec. 2. Definition. For the purpose of this SFAR: ``commercial air 
tour'' means: the operation of an aircraft carrying passengers for 
compensation or hire for aerial sightseeing.
    Sec. 3. Restriction. No person may conduct a commercial air tour 
operation in the airspace over Rocky Mountain National Park, CO.
    Expiration: This SFAR will expire on the adoption of a final rule in 
Docket No. 27643.
[Doc. No. 28577, 62 FR 1205, Jan. 8, 1997]

   SFAR No. 79--Prohibition Against Certain Flights Within the Flight 
 Information Region (FIR) of the Democratic People's Republic of Korea 
                                 (DPRK)

    1. Applicability. This rule applies to the following persons:
    (a) All U.S. air carriers or commercial operators.
    (b) All persons exercising the privileges of an airman certificate 
issued by the FAA, except such persons operating U.S.-registered 
aircraft for a foreign air carrier.
    (c) All operators of aircraft registered in the United States except 
where the operator of such aircraft is a foreign air carrier.
    2. Flight prohibition. (a) Except as provided in paragraphs 2(b), 3, 
and 4 of this SFAR, no person described in paragraph 1 may conduct 
flight operations through the Pyongyang FIR.
    (b) Flight operations within the Pyongyang FIR east of 132 degrees 
east longitude are prohibited until the FAA determines, based on 
information from the DPRK civil aviation authority, that the proper 
level of operational overflight safety can be assured. The FAA will 
amend this SFAR and publish a notice to airmen (NOTAM) to permit flights 
east of 132 degrees east longitude once this determination is made.
    3. Permitted operations. This SFAR does not prohibit persons 
described in paragraph 1 from conducting flight operations within the 
Pyongyang FIR where such operations are authorized either by exemption 
issued by the Administrator or by another agency of the United States 
Government with FAA approval.
    4. Emergency situations. In an emergency that requires immediate 
decision and action for the safety of the flight, the pilot in command 
on 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 parts 121, 125, or 135, 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 therefore.
    5. Expiration. This Special Federal Aviation Regulation No. 79 will 
remain in effect until further notice.
[Doc. No. 28831, 62 FR 20078, Apr. 24, 1997]

                           Subpart A--General

    Source: Docket No. 18334, 54 FR 34292, Aug. 18, 1989, unless 
otherwise noted.

[[Page 184]]

Sec. 91.1  Applicability.

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

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

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

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

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

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

Sec. 91.7  Civil aircraft airworthiness.

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

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

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

[[Page 185]]

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

[[Page 186]]

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 or a 
person operating under part 121, 125, and 141 of this chapter, or a 
person operating under part 135 of this chapter having authority to 
engage in on-demand 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--

[[Page 187]]

    (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, OK 73125;
    (2) A copy of the lease or contract that complies with the 
requirements of paragraph (a) of this section is carried in the 
aircraft. The copy of the lease or contract shall be made available for 
review upon request by the Administrator, and
    (3) The lessee or conditional buyer, or the registered owner if the 
lessee is not a citizen of the United States, has notified by telephone 
or in person the FAA Flight Standards district office nearest the 
airport where the flight will originate. Unless otherwise authorized by 
that office, the notification shall be given at least 48 hours before 
takeoff in the case of the first flight of that aircraft under that 
lease or contract and inform the FAA of--
    (i) The location of the airport of departure;
    (ii) The departure time; and
    (iii) The registration number of the aircraft involved.
    (d) The copy of the lease or contract furnished to the FAA under 
paragraph (c) of this section is commercial or financial information 
obtained from a person. It is, therefore, privileged and confidential 
and will not be made available by the FAA for public inspection or 
copying under 5 U.S.C. 552(b)(4) unless recorded with the FAA under part 
49 of this chapter.
    (e) For the purpose of this section, a lease means any agreement by 
a person to furnish an aircraft to another person for compensation or 
hire, whether with or without flight crewmembers, other than an 
agreement for the sale of an aircraft and a contract of conditional sale 
under section 101 of the Federal Aviation Act of 1958. The person 
furnishing the aircraft is referred to as the lessor, and the person to 
whom it is furnished the lessee.

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

[Doc. No. 18334, 54 FR 34292, Aug. 18, 1989, as amended by Amdt. 91-212, 
54 FR 39293, Sept. 25, 1989; Amdt. 91-253, 62 FR 13253, Mar. 19, 1997]

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

    Source: Docket No. 18334, 54 FR 34294, Aug. 18, 1989, unless 
otherwise noted.

                                 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:

[[Page 188]]

    (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.
[Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as amended by Amdt. 91-231, 
57 FR 42671, Sept. 15, 1992]

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

    (a) Unless otherwise authorized by the Administrator--
    (1) No pilot may take off a U.S.-registered civil aircraft (except a 
free balloon that incorporates a basket or gondola, or an airship type 
certificated before November 2, 1987) unless the pilot in command of 
that aircraft ensures that each person on board is briefed on how to 
fasten and unfasten that person's safety belt and, if installed, 
shoulder harness.
    (2) No pilot may cause to be moved on the surface, take off, or land 
a U.S.-registered civil aircraft (except a free balloon that 
incorporates a basket or gondola, or an airship type certificated before 
November 2, 1987) unless the pilot in command of that aircraft ensures 
that each person on board has been notified to fasten his or her safety 
belt and, if installed, his or her shoulder harness.
    (3) Except as provided in this paragraph, each person on board a 
U.S.-registered civil aircraft (except a free balloon that incorporates 
a basket or gondola or an airship type certificated before November 2, 
1987) must occupy an approved seat or berth with a safety belt and, if 
installed, shoulder harness, properly secured about him or her during 
movement on the surface, takeoff, and landing. For seaplane and float 
equipped rotorcraft operations during movement on the surface, the 
person pushing off the seaplane or rotorcraft from the dock and the 
person mooring the seaplane or rotorcraft at the dock are excepted from 
the preceding seating and safety belt requirements. Notwithstanding the 
preceding requirements of this paragraph, a person may:
    (i) Be held by an adult who is occupying an approved seat or berth, 
provided that the person being held has not reached his or her second 
birthday and does not occupy or use any restraining device;
    (ii) Use the floor of the aircraft as a seat, provided that the 
person is on board for the purpose of engaging in sport parachuting; or
    (iii) Notwithstanding any other requirement of this chapter, occupy 
an approved child restraint system furnished by the operator or one of 
the persons described in paragraph (a)(3)(iii)(A) of this section 
provided that:
    (A) The child is accompanied by a parent, guardian, or attendant 
designated by the child's parent or guardian to attend to the safety of 
the child during the flight;
    (B) Except as provided in paragraph (a)(3)(iii)(B)(4) of this 
action, the approved child restraint system bears one or more labels as 
follows:

[[Page 189]]

    (1) Seats manufactured to U.S. standards between January 1, 1981, 
and February 25, 1985, must bear the label: ``This child restraint 
system conforms to all applicable Federal motor vehicle safety 
standards'';
    (2) Seats manufactured to U.S. standards on or after February 26, 
1985, must bear two labels:
    (i) ``This child restraint system conforms to all applicable Federal 
motor vehicle safety standards''; and
    (ii) ``THIS RESTRAINT IS CERTIFIED FOR USE IN MOTOR VEHICLES AND 
AIRCRAFT'' in red lettering;
    (3) Seats that do not qualify under paragraphs (a)(3)(iii)(B)(1) and 
(a)(3)(iii)(B)(2) of this section must bear either a label showing 
approval of a foreign government or a label showing that the seat was 
manufactured under the standards of the United Nations;
    (4) Notwithstanding any other provision of this section, booster-
type child restraint systems (as defined in Federal Motor Vehicle Safety 
Standard No. 213 (49 CFR 571.213)), vest- and harness-type child 
restraint systems, and lap held child restraints are not approved for 
use in aircraft; and
    (C) The operator complies with the following requirements:
    (1) The restraint system must be properly secured to an approved 
forward-facing seat or berth;
    (2) The child must be properly secured in the restraint system and 
must not exceed the specified weight limit for the restraint system; and
    (3) The restraint system must bear the appropriate label(s).
    (b) Unless otherwise stated, this section does not apply to 
operations conducted under part 121, 125, or 135 of this chapter. 
Paragraph (a)(3) of this section does not apply to persons subject to 
Sec. 91.105.
[Doc. No. 26142, 57 FR 42671, Sept. 15, 1992, as amended by Amdt. 91-
250, 61 FR 28421, June 4, 1996]

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

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

Sec. 91.111  Operating near other aircraft.

    (a) No person may operate an aircraft so close to another aircraft 
as to create a collision hazard.

[[Page 190]]

    (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.

[[Page 191]]

    (c) No person may operate an aircraft in the airspace underlying a 
Class B airspace area designated for an airport or in a VFR corridor 
designated through such a Class B airspace area, at an indicated 
airspeed of more than 200 knots (230 mph).
    (d) If the minimum safe airspeed for any particular operation is 
greater than the maximum speed prescribed in this section, the aircraft 
may be operated at that minimum speed.
[Doc. No. 18334, 54 FR 34292, Aug. 18, 1989, as amended by Amdt. 91-219, 
55 FR 34708, Aug. 24, 1990; Amdt. 91-227, 56 FR 65657, Dec. 17, 1991; 
Amdt. 91-233, 58 FR 43554, Aug. 17, 1993]

Sec. 91.119  Minimum safe altitudes: General.

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

Sec. 91.121  Altimeter settings.

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

                                                                        
------------------------------------------------------------------------
                                                                 Lowest 
                                                                 usable 
                   Current altimeter setting                     flight 
                                                                  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:

                                                                        
------------------------------------------------------------------------
                                                              Adjustment
                  Current altimeter setting                     factor  
------------------------------------------------------------------------
29.92 (or higher)...........................................       None 
29.91 through 29.42.........................................        500 
29.41 through 28.92.........................................      1,000 
28.91 through 28.42.........................................      1,500 
28.41 through 27.92.........................................      2,000 
27.91 through 27.42.........................................      2,500 
27.41 through 26.92.........................................      3,000 
------------------------------------------------------------------------

Sec. 91.123  Compliance with ATC clearances and instructions.

    (a) When an ATC clearance has been obtained, no pilot in command may 
deviate from that clearance unless an amended clearance is obtained, an 
emergency exists, or the deviation is in response to a traffic alert and 
collision avoidance system resolution advisory. However, except in Class 
A airspace, a

[[Page 192]]

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

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

[Doc. No. 18834, 54 FR 34294, Aug. 18, 1989, as amended by Amdt. 91-227, 
56 FR 65658, Dec. 17, 1991; Amdt. 91-244, 60 FR 50679, Sept. 29, 1995]

Sec. 91.125  ATC light signals.

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

                                                                        
------------------------------------------------------------------------
                                     Meaning with                       
                                      respect to         Meaning with   
    Color and type of signal        aircraft on the       respect to    
                                        surface       aircraft in flight
------------------------------------------------------------------------
Steady green....................  Cleared for         Cleared to land.  
                                   takeoff.                             
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       Airport unsafe--do
                                   runway in use.      not land.        
Flashing white..................  Return to starting  Not applicable.   
                                   point on airport.                    
Alternating red and green.......  Exercise extreme    Exercise extreme  
                                   caution.            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.
[Doc. No. 24458, 56 FR 65658, Dec. 17, 1991, as amended by Amdt. 91-239, 
59 FR 11693, Mar. 11, 1994]

[[Page 193]]

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.
[Doc. No. 24458, 56 FR 65658, Dec. 17, 1991, as amended by Amdt. 91-239, 
59 FR 11693, Mar. 11, 1994]

Sec. 91.129  Operations in Class D airspace.

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

[[Page 194]]

    (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 cloud 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 a 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.
[Doc. No. 24458, 56 FR 65658, Dec. 17, 1991, as amended by Amdt. 91-234, 
58 FR 48793, Sept. 20, 1993]

Sec. 91.130  Operations in Class C airspace.

    (a) General. Unless otherwise authorized by ATC, each aircraft 
operation in Class C airspace must be conducted in compliance with this 
section and Sec. 91.129. For the purpose of this section, the primary 
airport is the airport for which the Class C airspace area is 
designated. A satellite airport is any other airport within the Class C 
airspace area.
    (b) Traffic patterns. No person may take off or land an aircraft at 
a satellite airport within a Class C airspace area except in compliance 
with FAA arrival and departure traffic patterns.
    (c) Communications. Each person operating an aircraft in Class C 
airspace must meet the following two-way radio communications 
requirements:
    (1) Arrival or through flight. Each person must establish two-way 
radio communications with the ATC facility (including foreign ATC in the 
case of foreign airspace designated in the United States) providing air 
traffic services prior to entering that airspace and thereafter maintain 
those communications while within that airspace.
    (2) Departing flight. Each person--
    (i) From the primary airport or satellite airport with an operating 
control tower must establish and maintain two-way radio communications 
with the control tower, and thereafter as instructed by ATC while 
operating in the Class C airspace area; or

[[Page 195]]

    (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.
[Doc. No. 24458, 56 FR 65659, Dec. 17, 1991, as amended by Amdt. 91-232, 
58 FR 40736, July 30, 1993; Amdt. 91-239, 59 FR 11693, Mar. 11, 1994]

Sec. 91.131  Operations in Class B airspace.

    (a) Operating rules. No person may operate an aircraft within a 
Class B airspace area except in compliance with Sec. 91.129 and the 
following rules:
    (1) The operator must receive an ATC clearance from the ATC facility 
having jurisdiction for that area before operating an aircraft in that 
area.
    (2) Unless otherwise authorized by ATC, each person operating a 
large turbine engine-powered airplane to or from a primary airport for 
which a Class B airspace area is designated must operate at or above the 
designated floors of the Class B airspace area while within the lateral 
limits of that area.
    (3) Any person conducting pilot training operations at an airport 
within a Class B airspace area must comply with any procedures 
established by ATC for such operations in that area.
    (b) Pilot requirements. (1) No person may take off or land a civil 
aircraft at an airport within a Class B airspace area or operate a civil 
aircraft within a Class B airspace area unless--
    (i) The pilot in command holds at least a private pilot certificate; 
or
    (ii) The aircraft is operated by a student pilot or recreational 
pilot who seeks private pilot certification and has met the requirements 
of Sec. 61.95 of this chapter.
    (2) Notwithstanding the provisions of paragraph (b)(1)(ii) of this 
section, no person may take off or land a civil aircraft at those 
airports listed in section 4 of appendix D of this part unless the pilot 
in command holds at least a private pilot certificate.
    (c) Communications and navigation equipment requirements. Unless 
otherwise authorized by ATC, no person may operate an aircraft within a 
Class B airspace area unless that aircraft is equipped with--
    (1) For IFR operation. An operable VOR or TACAN receiver; and
    (2) For all operations. An operable two-way radio capable of 
communications with ATC on appropriate frequencies for that Class B 
airspace area.
    (d) Transponder requirements. No person may operate an aircraft in a 
Class B airspace area unless the aircraft is equipped with the 
applicable operating transponder and automatic altitude reporting 
equipment specified in paragraph (a) of Sec. 91.215, except as provided 
in paragraph (d) of that section.
[Doc. No. 24458, 56 FR 65658, Dec. 17, 1991]

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

[[Page 196]]

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.
[Doc. No. 24458, 56 FR 65659, Dec. 17, 1991]

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

[[Page 197]]

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.
[Doc. No. 26476, 56 FR 23178, May 20, 1991]

Sec. 91.139  Emergency air traffic rules.

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

[[Page 198]]

    (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 
          and other parties.

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

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

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

Sec. 91.144  Temporary restriction on flight operations during 
          abnormally high barometric pressure conditions.

    (a) Special flight restrictions. When any information indicates that 
barometric pressure on the route of flight currently exceeds or will 
exceed 31 inches of mercury, no person may operate an aircraft or 
initiate a flight contrary to the requirements established by the 
Administrator and published in a Notice to Airmen issued under this 
section.
    (b) Waivers. The Administrator is authorized to waive any 
restriction issued under paragraph (a) of this section to permit 
emergency supply, transport, or medical services to be delivered to 
isolated communities, where the operation can be conducted with an 
acceptable level of safety.
[Amdt. 91-240, 59 FR 17452, Apr. 12, 1994; 59 FR 37669, July 25, 1994]

Secs. 91.145--91.149  [Reserved]

                           Visual Flight Rules

Sec. 91.151  Fuel requirements for flight in VFR conditions.

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

Sec. 91.153  VFR flight plan: Information required.

    (a) Information required. Unless otherwise authorized by ATC, each 
person filing a VFR flight plan shall include in it the following 
information:
    (1) The aircraft identification number and, if necessary, its radio 
call sign.
    (2) The type of the aircraft or, in the case of a formation flight, 
the type of each aircraft and the number of aircraft in the formation.
    (3) The full name and address of the pilot in command or, in the 
case of a formation flight, the formation commander.
    (4) The point and proposed time of departure.

[[Page 199]]

    (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:

                                                                        
------------------------------------------------------------------------
                                                          Distance from 
           Airspace                Flight visibility         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      1 statute mile........  Clear of clouds.
 Sec.  91.155(b).                                                       
Night, except as provided in    3 statute miles.......  500 feet below. 
 Sec.  91.155(b).                                       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  5 statute miles.......  1,000 feet      
 surface and at or above                                 below.         
 10,000 feet MSL.                                       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

[[Page 200]]

of a Class E airspace area is considered to be within the airspace 
directly below that area.
[Doc. No. 24458, 56 FR 65660, Dec. 17, 1991, as amended by Amdt. 91-235, 
58 FR 51968, Oct. 5, 1993]

Sec. 91.157  Special VFR weather minimums.

    (a) Except as provided in appendix D, section 3, of this part, 
special VFR operations may be conducted under the weather minimums and 
requirements of this section, instead of those contained in Sec. 91.155, 
below 10,000 feet MSL within the airspace contained by the upward 
extension of the lateral boundaries of the controlled airspace 
designated to the surface for an airport.
    (b) Special VFR operations may only be conducted--
    (1) With an ATC clearance;
    (2) Clear of clouds;
    (3) Except for helicopters, when flight visibility is at least 1 
statute mile; and
    (4) Except for helicopters, between sunrise and sunset (or in 
Alaska, when the sun is 6 degrees or more below the horizon) unless--
    (i) The person being granted the ATC clearance meets the applicable 
requirements for instrument flight under part 61 of this chapter; and
    (ii) The aircraft is equipped as required in Sec. 91.205(d).
    (c) No person may take off or land an aircraft (other than a 
helicopter) under special VFR--
    (1) Unless ground visibility is at least 1 statute mile; or
    (2) If ground visibility is not reported, unless flight visibility 
is at least 1 statute mile.
[Amdt. 91-235, 58 FR 51968, Oct. 5, 1993, as amended by Amdt. 91-247, 60 
FR 66874, Dec. 27, 1995]

Sec. 91.159  VFR cruising altitude or flight level.

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

Secs. 91.161--91.165  [Reserved]

                         Instrument Flight Rules

Sec. 91.167  Fuel requirements for flight in IFR conditions.

    (a) Except as provided in paragraph (b) of this section, no person 
may operate a civil aircraft in IFR conditions unless it carries enough 
fuel (considering weather reports and forecasts and weather conditions) 
to--
    (1) Complete the flight to the first airport of intended landing;
    (2) Fly from that airport to the alternate airport; and
    (3) Fly after that for 45 minutes at normal cruising speed or, for 
helicopters, fly after that for 30 minutes at normal cruising speed.
    (b) Paragraph (a)(2) of this section does not apply if--
    (1) Part 97 of this chapter prescribes a standard instrument 
approach procedure for the first airport of intended landing; and

[[Page 201]]

    (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

[[Page 202]]

    (4) If no check signal or point is available, while in flight--
    (i) Select a VOR radial that lies along the centerline of an 
established VOR airway;
    (ii) Select a prominent ground point along the selected radial 
preferably more than 20 nautical miles from the VOR ground facility and 
maneuver the aircraft directly over the point at a reasonably low 
altitude; and
    (iii) Note the VOR bearing indicated by the receiver when over the 
ground point (the maximum permissible variation between the published 
radial and the indicated bearing is 6 degrees).
    (c) If dual system VOR (units independent of each other except for 
the antenna) is installed in the aircraft, the person checking the 
equipment may check one system against the other in place of the check 
procedures specified in paragraph (b) of this section. Both systems 
shall be tuned to the same VOR ground facility and note the indicated 
bearings to that station. The maximum permissible variation between the 
two indicated bearings is 4 degrees.
    (d) Each person making the VOR operational check, as specified in 
paragraph (b) or (c) of this section, shall enter the date, place, 
bearing error, and sign the aircraft log or other record. In addition, 
if a test signal radiated by a repair station, as specified in paragraph 
(b)(1) of this section, is used, an entry must be made in the aircraft 
log or other record by the repair station certificate holder or the 
certificate holder's representative certifying to the bearing 
transmitted by the repair station for the check and the date of 
transmission.

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

Sec. 91.173  ATC clearance and flight plan required.

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

Sec. 91.175  Takeoff and landing under IFR.

    (a) Instrument approaches to civil airports.
    Unless otherwise authorized by the Administrator, when an instrument 
letdown to a civil airport is necessary, each person operating an 
aircraft, except a military aircraft of the United States, shall use a 
standard instrument approach procedure prescribed for the airport in 
part 97 of this chapter.
    (b) Authorized DH or MDA. For the purpose of this section, when the 
approach procedure being used provides for and requires the use of a DH 
or MDA, the authorized DH or MDA is the highest of the following:
    (1) The DH or MDA prescribed by the approach procedure.
    (2) The DH or MDA prescribed for the pilot in command.
    (3) The DH or MDA for which the aircraft is equipped.
    (c) Operation below DH or MDA. Where a DH or MDA is applicable, no 
pilot may operate an aircraft, except a military aircraft of the United 
States, at any airport below the authorized MDA or continue an approach 
below the authorized DH unless--
    (1) The aircraft is continuously in a position from which a descent 
to a landing on the intended runway can be made at a normal rate of 
descent using normal maneuvers, and for operations conducted under part 
121 or part 135 unless that descent rate will allow touchdown to occur 
within the touchdown zone of the runway of intended landing;
    (2) The flight visibility is not less than the visibility prescribed 
in the standard instrument approach being used; and
    (3) Except for a Category II or Category III approach where any 
necessary visual reference requirements are specified by the 
Administrator, at least one of the following visual references for the 
intended runway is distinctly visible and identifiable to the pilot:
    (i) The approach light system, except that the pilot may not descend 
below 100 feet above the touchdown zone elevation using the approach 
lights as a reference unless the red terminating bars or the red side 
row bars are also distinctly visible and identifiable.
    (ii) The threshold.

[[Page 203]]

    (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.
    (2)

                                                                        
------------------------------------------------------------------------
                                                              Visibility
                         RVR (feet)                            (statute 
                                                                miles)  
------------------------------------------------------------------------
1,600......................................................        \1/4\
2,400......................................................        \1/2\
3,200......................................................        \5/8\
4,000......................................................        \3/4\
4,500......................................................        \7/8\
5,000......................................................            1
6,000......................................................       1\1/4\
------------------------------------------------------------------------

    (i) Operations on unpublished routes and use of radar in instrument 
approach procedures. When radar is approved at certain locations for ATC 
purposes, it may be used not only for surveillance and precision radar 
approaches, as applicable, but also may be used in conjunction with 
instrument approach procedures predicated on other types of radio 
navigational aids. Radar vectors may be authorized to provide course 
guidance through the segments of an approach to the final course or fix. 
When operating on an unpublished route or while being radar vectored, 
the pilot, when an approach clearance is received, shall, in addition to 
complying with Sec. 91.177, maintain the last altitude assigned to that 
pilot until the aircraft is established on a segment of

[[Page 204]]

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).

[[Page 205]]

    (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

[[Page 206]]

amended (with ATC) estimated time en route.
[Doc. No. 18334, 54 FR 34294, Aug. 18, 1989; Amdt. 91-211, 54 FR 41211, 
Oct. 5, 1989]

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

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

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

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

[[Page 207]]

121, 125, 129, or 135 of this chapter unless the operation is conducted 
in accordance with that certificate holder's operations specifications.

Sec. 91.191  Category II and Category III manual.

    (a) Except as provided in paragraph (c) of this section, after 
August 4, 1997, no person may operate a U.S.-registered civil aircraft 
in a Category II or a Category III operation unless--
    (1) There is available in the aircraft a current and approved 
Category II or Category III manual, as appropriate, for that aircraft;
    (2) The operation is conducted in accordance with the procedures, 
instructions, and limitations in the appropriate manual; and
    (3) The instruments and equipment listed in the manual that are 
required for a particular Category II or Category III operation have 
been inspected and maintained in accordance with the maintenance program 
contained in the manual.
    (b) Each operator must keep a current copy of each approved manual 
at its principal base of operations and must make each manual available 
for inspection upon request by the Administrator.
    (c) This section does not apply to operations conducted by a holder 
of a certificate issued under part 121 or part 135 of this chapter.
[Doc. No. 26933, 61 FR 34560, July 2, 1996]

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

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

Secs. 91.195--91.199  [Reserved]

     Subpart C--Equipment, Instrument, and Certificate Requirements

    Source: Docket No. 18334, 54 FR 34304, Aug. 18, 1989, unless 
otherwise noted.

Sec. 91.201  [Reserved]

Sec. 91.203  Civil aircraft: Certifications required.

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

[[Page 208]]

    (c) No person may operate an aircraft with a fuel tank installed 
within the passenger compartment or a baggage compartment unless the 
installation was accomplished pursuant to part 43 of this chapter, and a 
copy of FAA Form 337 authorizing that installation is on board the 
aircraft.
    (d) No person may operate a civil airplane (domestic or foreign) 
into or out of an airport in the United States unless it complies with 
the fuel venting and exhaust emissions requirements of part 34 of this 
chapter.
[Doc. No. 18334, 54 FR 34292, Aug. 18, 1989, as amended by Amdt. 91-218, 
55 FR 32861, Aug. 10, 1990]

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

    (a) General. Except as provided in paragraphs (c)(3) and (e) of this 
section, no person may operate a powered civil aircraft with a standard 
category U.S. airworthiness certificate in any operation described in 
paragraphs (b) through (f) of this section unless that aircraft contains 
the instruments and equipment specified in those paragraphs (or FAA-
approved equivalents) for that type of operation, and those instruments 
and items of equipment are in operable condition.
    (b) Visual-flight rules (day). For VFR flight during the day, the 
following instruments and equipment are required:
    (1) Airspeed indicator.
    (2) Altimeter.
    (3) Magnetic direction indicator.
    (4) Tachometer for each engine.
    (5) Oil pressure gauge for each engine using pressure system.
    (6) Temperature gauge for each liquid-cooled engine.
    (7) Oil temperature gauge for each air-cooled engine.
    (8) Manifold pressure gauge for each altitude engine.
    (9) Fuel gauge indicating the quantity of fuel in each tank.
    (10) Landing gear position indicator, if the aircraft has a 
retractable landing gear.
    (11) For small civil airplanes certificated after March 11, 1996, in 
accordance with part 23 of this chapter, an approved aviation red or 
aviation white anticollision light system. In the event of failure of 
any light of the anticollision light system, operation of the aircraft 
may continue to a location where repairs or replacement can be made.
    (12) If the aircraft is operated for hire over water and beyond 
power-off gliding distance from shore, approved flotation gear readily 
available to each occupant and at least one pyrotechnic signaling 
device. As used in this section, ``shore'' means that area of the land 
adjacent to the water which is above the high water mark and excludes 
land areas which are intermittently under water.
    (13) An approved safety belt with an approved metal-to-metal 
latching device for each occupant 2 years of age or older.
    (14) For small civil airplanes manufactured after July 18, 1978, an 
approved shoulder harness for each front seat. The shoulder harness must 
be designed to protect the occupant from serious head injury when the 
occupant experiences the ultimate inertia forces specified in 
Sec. 23.561(b)(2) of this chapter. Each shoulder harness installed at a 
flight crewmember station must permit the crewmember, when seated and 
with the safety belt and shoulder harness fastened, to perform all 
functions necessary for flight operations. For purposes of this 
paragraph--
    (i) The date of manufacture of an airplane is the date the 
inspection acceptance records reflect that the airplane is complete and 
meets the FAA-approved type design data; and
    (ii) A front seat is a seat located at a flight crewmember station 
or any seat located alongside such a seat.
    (15) An emergency locator transmitter, if required by Sec. 91.207.
    (16) For normal, utility, and acrobatic category airplanes with a 
seating configuration, excluding pilot seats, of 9 or less, manufactured 
after December 12, 1986, a shoulder harness for--
    (i) Each front seat that meets the requirements of Sec. 23.785 (g) 
and (h) of this chapter in effect on December 12, 1985;
    (ii) Each additional seat that meets the requirements of 
Sec. 23.785(g) of this chapter in effect on December 12, 1985.
    (17) For rotorcraft manufactured after September 16, 1992, a 
shoulder

[[Page 209]]

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 <plus-minus>80 degrees of pitch and 
<plus-minus>120 degrees of roll and installed in accordance with 
Sec. 29.1303(g) of this chapter.
    (4) Slip-skid indicator.
    (5) Sensitive altimeter adjustable for barometric pressure.
    (6) A clock displaying hours, minutes, and seconds with a sweep-
second pointer or digital presentation.
    (7) Generator or alternator of adequate capacity.
    (8) Gyroscopic pitch and bank indicator (artificial horizon).
    (9) Gyroscopic direction indicator (directional gyro or equivalent).
    (e) Flight at and above 24,000 ft. MSL (FL 240). If VOR navigational 
equipment is required under paragraph (d)(2) of this section, no person 
may operate a U.S.-registered civil aircraft within the 50 states and 
the District of Columbia at or above FL 240 unless that aircraft is 
equipped with approved distance measuring equipment (DME). When DME 
required by this paragraph fails at and above FL 240, the pilot in 
command of the aircraft shall notify ATC immediately, and then may 
continue operations at and above FL 240 to the next airport of intended 
landing at which repairs or replacement of the equipment can be made.
    (f) Category II operations. The requirements for Category II 
operations are the instruments and equipment specified in--
    (1) Paragraph (d) of this section; and
    (2) Appendix A to this part.
    (g) Category III operations. The instruments and equipment required 
for Category III operations are specified in paragraph (d) of this 
section.
    (h) Exclusions. Paragraphs (f) and (g) of this section do not apply 
to operations conducted by a holder of a certificate issued under part 
121 or part 135 of this chapter.
[Doc. No. 18334, 54 FR 34292, Aug. 18, 1989, as amended by Amdt. 91-220, 
55 FR 43310, Oct. 26, 1990; Amdt. 91-223, 56 FR 41052, Aug. 16, 1991; 
Amdt. 91-231, 57 FR 42672, Sept. 15, 1992; Amdt. 91-248, 61 FR 5171, 
Feb. 9, 1996; Amdt. 91-251, 61 FR 34560, July 2, 1996]

Sec. 91.207  Emergency locator transmitters.

    (a) Except as provided in paragraphs (e) and (f) of this section, no 
person may operate a U.S.-registered civil airplane unless--

[[Page 210]]

    (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,

[[Page 211]]

modification, or replacement, subject to the following:
    (i) No person may operate the aircraft unless the aircraft records 
contain an entry which includes the date of initial removal, the make, 
model, serial number, and reason for removing the transmitter, and a 
placard located in view of the pilot to show ``ELT not installed.''
    (ii) No person may operate the aircraft more than 90 days after the 
ELT is initially removed from the aircraft.
[Doc. No. 18334, 54 FR 34304, Aug. 18, 1989, as amended by Amdt. 91-242, 
59 FR 32057, June 21, 1994; 59 FR 34578, July 6, 1994]

Sec. 91.209  Aircraft lights.

    No person may:
    (a) During the period from sunset to sunrise (or, in Alaska, during 
the period a prominent unlighted object cannot be seen from a distance 
of 3 statute miles or the sun is more than 6 degrees below the 
horizon)--
    (1) Operate an aircraft unless it has lighted position lights;
    (2) Park or move an aircraft in, or in dangerous proximity to, a 
night flight operations area of an airport unless the aircraft--
    (i) Is clearly illuminated;
    (ii) Has lighted position lights; or
    (iii) is in an area that is marked by obstruction lights;
    (3) Anchor an aircraft unless the aircraft--
    (i) Has lighted anchor lights; or
    (ii) Is in an area where anchor lights are not required on vessels; 
or
    (b) Operate an aircraft that is equipped with an anticollision light 
system, unless it has lighted anticollision lights. However, the 
anticollision lights need not be lighted when the pilot-in-command 
determines that, because of operating conditions, it would be in the 
interest of safety to turn the lights off.
[Doc. No. 27806, 61 FR 5171, Feb. 9, 1996]

Sec. 91.211  Supplemental oxygen.

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

Sec. 91.213  Inoperative instruments and equipment.

    (a) Except as provided in paragraph (d) of this section, no person 
may take

[[Page 212]]

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.

[[Page 213]]

    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.

[[Page 214]]

    (2) For operation of an aircraft with an inoperative transponder to 
the airport of ultimate destination, including any intermediate stops, 
or to proceed to a place where suitable repairs can be made or both, the 
request may be made at any time.
    (3) For operation of an aircraft that is not equipped with a 
transponder, the request must be made at least one hour before the 
proposed operation.

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

[Doc. No. 18334, 54 FR 34304, Aug. 18, 1989, as amended by Amdt. 91-221, 
56 FR 469, Jan. 4, 1991; Amdt. 91-227, 56 FR 65660, Dec. 17, 1991; Amdt. 
91-227, 7 FR 328, Jan. 3, 1992; Amdt. 91-229, 57 FR 34618, Aug. 5, 1992]

Sec. 91.217  Data correspondence between automatically reported pressure 
          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.

[[Page 215]]

    (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 and 
          use.

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

Secs. 91.223--91.299  [Reserved]

                  Subpart D--Special Flight Operations

    Source: Docket No. 18334, 54 FR 34308, Aug. 18, 1989, unless 
otherwise noted.

Sec. 91.301  [Reserved]

Sec. 91.303  Aerobatic flight.

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

For the purposes of this section, aerobatic flight means an intentional 
maneuver involving an abrupt change in an aircraft's attitude, an 
abnormal attitude, or abnormal acceleration, not necessary for normal 
flight.
[Doc. No. 18834, 54 FR 34308, Aug. 18, 1989, as amended by Amdt. 91-227, 
56 FR 65661, Dec. 17, 1991]

Sec. 91.305  Flight test areas.

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

Sec. 91.307  Parachutes and parachuting.

    (a) No pilot of a civil aircraft may allow a parachute that is 
available for emergency use to be carried in that aircraft unless it is 
an approved type and--
    (1) If a chair type (canopy in back), it has been packed by a 
certificated and appropriately rated parachute rigger within the 
preceding 120 days; or
    (2) If any other type, it has been packed by a certificated and 
appropriately rated parachute rigger--
    (i) Within the preceding 120 days, if its canopy, shrouds, and 
harness are composed exclusively of nylon, rayon, or other similar 
synthetic fiber or materials that are substantially resistant to damage 
from mold, mildew, or other fungi and other rotting agents propagated in 
a moist environment; or
    (ii) Within the preceding 60 days, if any part of the parachute is 
composed of silk, pongee, or other natural fiber, or materials not 
specified in paragraph (a)(2)(i) of this section.
    (b) Except in an emergency, no pilot in command may allow, and no 
person may make, a parachute jump from an aircraft within the United 
States except in accordance with part 105.
    (c) Unless each occupant of the aircraft is wearing an approved 
parachute, no pilot of a civil aircraft carrying any person (other than 
a crewmember) may execute any intentional maneuver that exceeds--
    (1) A bank of 60 degrees relative to the horizon; or
    (2) A nose-up or nose-down attitude of 30 degrees relative to the 
horizon.

[[Page 216]]

    (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. 61.67 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.
[Doc. No. 18334, 54 FR 34308, Aug. 18, 1989, as amended by Amdt. 91-255, 
62 FR 68137, Dec. 30, 1997]

    Effective Date Note: By Doc. No. 25910, 62 FR 68137, Dec. 30, 1997, 
in Sec. 91.307, paragraph (d)(2)(ii) was amended by removing ``61.169'' 
and inserting in its place ``61.67'', effective Jan. 29, 1998.

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.
[Doc. No. 18834, 54 FR 34308, Aug. 18, 1989, as amended by Amdt. 91-227, 
56 FR 65661, Dec. 17, 1991]

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

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

Sec. 91.313  Restricted category civil aircraft: Operating limitations.

    (a) No person may operate a restricted category civil aircraft--
    (1) For other than the special purpose for which it is certificated; 
or
    (2) In an operation other than one necessary to accomplish the work 
activity directly associated with that special purpose.
    (b) For the purpose of paragraph (a) of this section, operating a 
restricted category civil aircraft to provide flight crewmember training 
in a special purpose operation for which the aircraft is certificated is 
considered to be an operation for that special purpose.

[[Page 217]]

    (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

[[Page 218]]

manual or other appropriate document. However, when operating in direct 
conjunction with the type or supplemental type certification of the 
aircraft, that person shall operate under the experimental aircraft 
limitations of Sec. 21.191 of this chapter and when flight testing, 
shall operate under the requirements of Sec. 91.305 of this part.
    (f) Each person operating a provisionally certificated civil 
aircraft shall establish approved procedures for--
    (1) The use and guidance of flight and ground personnel in operating 
under this section; and
    (2) Operating in and out of airports where takeoffs or approaches 
over populated areas are necessary. No person may operate that aircraft 
except in compliance with the approved procedures.
    (g) Each person operating a provisionally certificated civil 
aircraft shall ensure that each flight crewmember is properly 
certificated and has adequate knowledge of, and familiarity with, the 
aircraft and procedures to be used by that crewmember.
    (h) Each person operating a provisionally certificated civil 
aircraft shall maintain it as required by applicable regulations and as 
may be specially prescribed by the Administrator.
    (i) Whenever the manufacturer, or the Administrator, determines that 
a change in design, construction, or operation is necessary to ensure 
safe operation, no person may operate a provisionally certificated civil 
aircraft until that change has been made and approved. Section 21.99 of 
this chapter applies to operations under this section.
    (j) Each person operating a provisionally certificated civil 
aircraft--
    (1) May carry in that aircraft only persons who have a proper 
interest in the operations allowed by this section or who are 
specifically authorized by both the manufacturer and the Administrator; 
and
    (2) Shall advise each person carried that the aircraft is 
provisionally certificated.
    (k) The Administrator may prescribe additional limitations or 
procedures that the Administrator considers necessary, including 
limitations on the number of persons who may be carried in the aircraft.

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

[Doc. No. 18334, 54 FR 34308, Aug. 18, 1989, as amended by Amdt. 91-212, 
54 FR 39293, Sept. 25, 1989]

Sec. 91.319  Aircraft having experimental certificates: Operating 
          limitations.

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

[[Page 219]]

limitations on the persons that may be carried in the aircraft.

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

Sec. 91.321  Carriage of candidates in Federal elections.

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

Sec. 91.323  Increased maximum certificated weights for certain 
          airplanes 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) A certificate holder conducting operations under part 121 or 
part 135 of this chapter; or
    (2) The U.S. Department of Interior in conducting its game and fish 
law enforcement activities or its management, fire detection, and fire 
suppression activities concerning public lands.
    (b) The maximum certificated weight approved under this section may 
not exceed--
    (1) 12,500 pounds;
    (2) 115 percent of the maximum weight listed in the FAA aircraft 
specifications;
    (3) The weight at which the airplane meets the positive maneuvering 
load factor requirement for the normal category specified in Sec. 23.337 
of this chapter; or
    (4) The weight at which the airplane meets the climb performance 
requirements under which it was type certificated.
    (c) In determining the maximum certificated weight, the 
Administrator considers the structural soundness of the airplane and the 
terrain to be traversed.
    (d) The maximum certificated weight determined under this section is 
added to the airplane's operation limitations and is identified as the 
maximum weight authorized for operations within the State of Alaska.
[Doc. No. 18334, 54 FR 34308, Aug. 18, 1989; Amdt. 91-211, 54 FR 41211, 
Oct. 5, 1989, as amended by Amdt. 91-253, 62 FR 13253, Mar. 19, 1997]

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.
[Doc. No. 23345, 57 FR 41370, Sept. 9, 1992]

Secs. 91.326--91.399  [Reserved]

     Subpart E--Maintenance, Preventive Maintenance, and Alterations

    Source: Docket No. 18334, 54 FR 34311, Aug. 18, 1989, unless 
otherwise noted.

Sec. 91.401  Applicability.

    (a) This subpart prescribes rules governing the maintenance, 
preventive maintenance, and alterations of U.S.-

[[Page 220]]

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, 
          rebuilding, or alteration.

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

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

Sec. 91.409  Inspections.

    (a) Except as provided in paragraph (c) of this section, no person 
may operate an aircraft unless, within the preceding 12 calendar months, 
it has had--
    (1) An annual inspection in accordance with part 43 of this chapter 
and

[[Page 221]]

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

[[Page 222]]

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,

[[Page 223]]

number of system operations, or any combination of these.
    (h) Changes from one inspection program to another. When an operator 
changes from one inspection program under paragraph (f) of this section 
to another, the time in service, calendar times, or cycles of operation 
accumulated under the previous program must be applied in determining 
inspection due times under the new program.

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

[Doc. No. 18334, 54 FR 34311, Aug. 18, 1989; Amdt. 91-211, 54 FR 41211, 
Oct. 5, 1989]

Sec. 91.411  Altimeter system and altitude reporting equipment tests and 
          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;

[[Page 224]]

    (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

[[Page 225]]

(NTSB). In addition, the owner or operator shall present Form 337 
described in paragraph (d) of this section for inspection upon request 
of any law enforcement officer.
    (d) When a fuel tank is installed within the passenger compartment 
or a baggage compartment pursuant to part 43 of this chapter, a copy of 
FAA Form 337 shall be kept on board the modified aircraft by the owner 
or operator.

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

Sec. 91.419  Transfer of maintenance records.

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

Sec. 91.421  Rebuilt engine maintenance records.

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

Secs. 91.423--91.499  [Reserved]

       Subpart F--Large and Turbine-Powered Multiengine Airplanes

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

Sec. 91.501  Applicability.

    (a) This subpart prescribes operating rules, in addition to those 
prescribed in other subparts of this part, governing the operation of 
large and of turbojet-powered multiengine civil airplanes of U.S. 
registry. The operating rules in this subpart do not apply to those 
airplanes when they are required to be operated under parts 121, 125, 
129, 135, and 137 of this chapter. (Section 91.409 prescribes an 
inspection program for large and for turbine-powered (turbojet and 
turboprop) multiengine airplanes of U.S. registry when they are operated 
under this part or part 129 or 137.)
    (b) Operations that may be conducted under the rules in this subpart 
instead of those in parts 121, 129, 135, and 137 of this chapter when 
common carriage is not involved, include--
    (1) Ferry or training flights;
    (2) Aerial work operations such as aerial photography or survey, or 
pipeline patrol, but not including fire fighting operations;
    (3) Flights for the demonstration of an airplane to prospective 
customers when no charge is made except for those specified in paragraph 
(d) of this section;

[[Page 226]]

    (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.

[[Page 227]]

    (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 
          equipment.

    (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 
          operations.

    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.

[[Page 228]]

    (e) As used in this section, the term shore means that area of the 
land adjacent to the water which is above the high water mark and 
excludes land areas which are intermittently under water.

Sec. 91.511  Radio equipment for overwater operations.

    (a) Except as provided in paragraphs (c), (d), and (f) of this 
section, no person may take off an airplane for a flight over water more 
than 30 minutes flying time or 100 nautical miles from the nearest shore 
unless it has at least the following operable equipment:
    (1) Radio communication equipment appropriate to the facilities to 
be used and able to transmit to, and receive from, any place on the 
route, at least one surface facility:
    (i) Two transmitters.
    (ii) Two microphones.
    (iii) Two headsets or one headset and one speaker.
    (iv) Two independent receivers.
    (2) Appropriate electronic navigational equipment consisting of at 
least two independent electronic navigation units capable of providing 
the pilot with the information necessary to navigate the airplane within 
the airspace assigned by air traffic control. However, a receiver that 
can receive both communications and required navigational signals may be 
used in place of a separate communications receiver and a separate 
navigational signal receiver or unit.
    (b) For the purposes of paragraphs (a)(1)(iv) and (a)(2) of this 
section, a receiver or electronic navigation unit is independent if the 
function of any part of it does not depend on the functioning of any 
part of another receiver or electronic navigation unit.
    (c) Notwithstanding the provisions of paragraph (a) of this section, 
a person may operate an airplane on which no passengers are carried from 
a place where repairs or replacement cannot be made to a place where 
they can be made, if not more than one of each of the dual items of 
radio communication and navigational equipment specified in paragraphs 
(a)(1) (i) through (iv) and (a)(2) of this section malfunctions or 
becomes inoperative.
    (d) Notwithstanding the provisions of paragraph (a) of this section, 
when both VHF and HF communications equipment are required for the route 
and the airplane has two VHF transmitters and two VHF receivers for 
communications, only one HF transmitter and one HF receiver is required 
for communications.
    (e) As used in this section, the term shore means that area of the 
land adjacent to the water which is above the high-water mark and 
excludes land areas which are intermittently under water.
    (f) Notwithstanding the requirements in paragraph (a)(2) of this 
section, a person may operate in the Gulf of Mexico, the Caribbean Sea, 
and the Atlantic Ocean west of a line which extends from 44 deg.47'00' N 
/ 67 deg.00'00' W to 39 deg.00'00' N / 67 deg.00'00' W to 38 deg.30'00' 
N / 60 deg.00'00' W south along the 60 deg.00'00' W longitude line to 
the point where the line intersects with the northern coast of South 
America, when:
    (1) A single long-range navigation system is installed, operational, 
and appropriate for the route; and
    (2) Flight conditions and the aircraft's capabilities are such that 
no more than a 30-minute gap in two-way radio very high frequency 
communications is expected to exist.
[Doc. No. 18334, 54 FR 34314, Aug. 18, 1989, as amended by Amdt. 91-249, 
61 FR 7190, Feb. 26, 1996]

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

[[Page 229]]

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

[[Page 230]]

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.
[Doc. No. 26142, 57 FR 42672, Sept. 15, 1992]

Sec. 91.519  Passenger briefing.

    (a) Before each takeoff the pilot in command of an airplane carrying 
passengers shall ensure that all passengers have been orally briefed 
on--
    (1) Smoking. Each passenger shall be briefed on when, where, and 
under what conditions smoking is prohibited. This briefing shall include 
a statement, as appropriate, that the Federal Aviation Regulations 
require passenger compliance with lighted passenger information signs 
and no smoking placards, prohibit smoking in lavatories, and require 
compliance with crewmember instructions with regard to these items;
    (2) Use of safety belts and shoulder harnesses. Each passenger shall 
be briefed on when, where, and under what conditions it is necessary to 
have his or her safety belt and, if installed, his or her shoulder 
harness fastened about him or her. This briefing shall include a 
statement, as appropriate, that Federal Aviation Regulations require 
passenger compliance with the lighted passenger sign and/or crewmember 
instructions with regard to these items;
    (3) Location and means for opening the passenger entry door and 
emergency exits;
    (4) Location of survival equipment;
    (5) Ditching procedures and the use of flotation equipment required 
under Sec. 91.509 for a flight over water; and
    (6) The normal and emergency use of oxygen equipment installed on 
the airplane.
    (b) The oral briefing required by paragraph (a) of this section 
shall be given by the pilot in command or a member of the crew, but need 
not be given when the pilot in command determines that the passengers 
are familiar with the contents of the briefing. It may be supplemented 
by printed cards for the use of each passenger containing--
    (1) A diagram of, and methods of operating, the emergency exits; and
    (2) Other instructions necessary for use of emergency equipment.
    (c) Each card used under paragraph (b) must be carried in convenient 
locations on the airplane for the use of each passenger and must contain 
information that is pertinent only to the type and model airplane on 
which it is used.
[Doc. No. 18334, 54 FR 34314, Aug. 18, 1989, as amended by Amdt. 91-231, 
57 FR 42672, Sept. 15, 1992]

Sec. 91.521  Shoulder harness.

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

Sec. 91.523  Carry-on baggage.

    No pilot in command of an airplane having a seating capacity of more 
than 19 passengers may permit a passenger to stow baggage aboard that 
airplane except--

[[Page 231]]

    (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.

[[Page 232]]

    (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 second 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.
[Doc. No. 26142, 57 FR 42672, Sept. 15, 1992]

[[Page 233]]

Secs. 91.536--91.599  [Reserved]

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

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

Sec. 91.601  Applicability.

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

Sec. 91.603  Aural speed warning device.

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

Sec. 91.605  Transport category civil airplane weight limitations.

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

Sec. 91.607  Emergency exits for airplanes carrying passengers for hire.

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

[[Page 234]]

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.

                                                                        
------------------------------------------------------------------------
                                                           Corresponding
                                          Maximum number     number of  
              Airplane type                of occupants        exits    
                                           including all  authorized for
                                            crewmembers    passenger use
------------------------------------------------------------------------
B-307...................................              61               4
B-377...................................              96               9
C-46....................................              67               4
CV-240..................................              53               6
CV-340 and CV-440.......................              53               6
DC-3....................................              35               4
DC-3 (Super)............................              39               5
DC-4....................................              86               5
DC-6....................................              87               7
DC-6B...................................             112              11
L-18....................................              17               3
L-049, L-649, L-749.....................              87               7
L-1049 series...........................              96               9
M-202...................................              53               6
M-404...................................              53               7
Viscount 700 series.....................              53               7
------------------------------------------------------------------------

    (b) Occupants in addition to those authorized under paragraph (a) of 
this section may be carried as follows:
    (1) For each additional floor-level exit at least 24 inches wide by 
48 inches high, with an unobstructed 20-inch-wide access aisleway 
between the exit and the main passenger aisle, 12 additional occupants.
    (2) For each additional window exit located over a wing that meets 
the requirements of the airworthiness standards under which the airplane 
was type certificated or that is large enough to inscribe an ellipse 
19 x 26 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;

[[Page 235]]

    (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.

[[Page 236]]

    (g) In the event of an accident or occurrence requiring immediate 
notification to the National Transportation Safety Board under part 830 
of its regulations that results in the termination of the flight, any 
operator who has installed approved flight recorders and approved 
cockpit voice recorders shall keep the recorded information for at least 
60 days or, if requested by the Administrator or the Board, for a longer 
period. Information obtained from the record is used to assist in 
determining the cause of accidents or occurrences in connection with the 
investigation under part 830. The Administrator does not use the cockpit 
voice recorder record in any civil penalty or certificate action.
[Doc. No. 18334, 54 FR 34318, Aug. 18, 1989, as amended by Amdt. 91-226, 
56 FR 51621, Oct. 11, 1991; Amdt. 91-228, 57 FR 19353, May 5, 1992]

Sec. 91.611  Authorization for ferry flight with one engine inoperative.

    (a) General. The holder of an air carrier operating certificate or 
an operating certificate issued under part 125 may conduct a ferry 
flight of a four-engine airplane or a turbine-engine-powered airplane 
equipped with three engines, with one engine inoperative, to a base for 
the purpose of repairing that engine subject to the following:
    (1) The airplane model has been test flown and found satisfactory 
for safe flight in accordance with paragraph (b) or (c) of this section, 
as appropriate. However, each operator who before November 19, 1966, has 
shown that a model of airplane with an engine inoperative is 
satisfactory for safe flight by a test flight conducted in accordance 
with performance data contained in the applicable Airplane Flight Manual 
under paragraph (a)(2) of this section need not repeat the test flight 
for that model.
    (2) The approved Airplane Flight Manual contains the following 
performance data and the flight is conducted in accordance with that 
data:
    (i) Maximum weight.
    (ii) Center of gravity limits.
    (iii) Configuration of the inoperative propeller (if applicable).
    (iv) Runway length for takeoff (including temperature 
accountability).
    (v) Altitude range.
    (vi) Certificate limitations.
    (vii) Ranges of operational limits.
    (viii) Performance information.
    (ix) Operating procedures.
    (3) The operator has FAA approved procedures for the safe operation 
of the airplane, including specific requirements for--
    (i) Limiting the operating weight on any ferry flight to the minimum 
necessary for the flight plus the necessary reserve fuel load;
    (ii) A limitation that takeoffs must be made from dry runways 
unless, based on a showing of actual operating takeoff techniques on wet 
runways with one engine inoperative, takeoffs with full controllability 
from wet runways have been approved for the specific model aircraft and 
included in the Airplane Flight Manual:
    (iii) Operations from airports where the runways may require a 
takeoff or approach over populated areas; and
    (iv) Inspection procedures for determining the operating condition 
of the operative engines.
    (4) No person may take off an airplane under this section if--
    (i) The initial climb is over thickly populated areas; or
    (ii) Weather conditions at the takeoff or destination airport are 
less than those required for VFR flight.
    (5) Persons other than required flight crewmembers shall not be 
carried during the flight.
    (6) No person may use a flight crewmember for flight under this 
section unless that crewmember is thoroughly familiar with the operating 
procedures for one-engine inoperative ferry flight contained in the 
certificate holder's manual and the limitations and performance 
information in the Airplane Flight Manual.
    (b) Flight tests: reciprocating-engine-powered airplanes. The 
airplane performance of a reciprocating-engine-powered airplane with one 
engine inoperative must be determined by flight test as follows:
    (1) A speed not less than 1.3 V<INF>S1</INF> 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

[[Page 237]]

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 V<INF>R</INF> and V<INF>2</INF>, 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 V<INF>2</INF> 
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.

[[Page 238]]

Sec. 91.613  Materials for compartment interiors.

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

Secs. 91.615--91.699  [Reserved]

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

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

Sec. 91.701  Applicability.

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

Sec. 91.703  Operations of civil aircraft of U.S. registry outside of 
          the 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 operating within airspace designated as Minimum Navigation 
Performance Specifications (MNPS) airspace, comply with Sec. 91.705. 
When operating within airspace designated as Reduced Vertical Separation 
Minimum (RVSM) airspace, comply with Sec. 91.706.
    (b) Annex 2 to the Convention on International Civil Aviation, Ninth 
Edition--July 1990, with Amendments through Amendment 32 effective 
February 19, 1996, 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. Sec. 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-200, Federal Aviation 
Administration, 800 Independence Avenue SW., Washington, DC 20591; or at 
the Office of the Federal Register, 800 North Capitol Street, NW., Suite 
700, Washington, DC. 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.
[Doc. No. 18834, 54 FR 34320, Aug. 18, 1989, as amended by Amdt. 91-227, 
56 FR 65661, Dec. 17, 1991; Amdt. 91-254, 62 FR 17487, Apr. 9, 1997]

Sec. 91.705  Operations within airspace designated as Minimum Navigation 
          Performance Specification Airspace.

    (a) Except as provided in paragraph (b) of this section, no person 
may operate a civil aircraft of U.S. registry in airspace designated as 
Minimum Navigation Performance Specifications airspace unless--
    (1) The aircraft has approved navigation performance capability that 
complies with the requirements of appendix C of this part; and
    (2) The operator is authorized by the Administrator to perform such 
operations.
    (b) The Administrator may authorize a deviation from the 
requirements of this section in accordance with Section 3 of appendix C 
to this part.
[Doc. No. 28870, 62 FR 17487, Apr. 9, 1997]

[[Page 239]]

Sec. 91.706  Operations within airspace designed as Reduced Vertical 
          Separation Minimum Airspace.

    (a) Except as provided in paragraph (b) of this section, no person 
may operate a civil aircraft of U.S. registry in airspace designated as 
Reduced Vertical Separation Minimum (RVSM) airspace unless:
    (1) The operator and the operator's aircraft comply with the 
requirements of appendix G of this part; and
    (2) The operator is authorized by the Administrator to conduct such 
operations.
    (b) The Administrator may authorize a deviation from the 
requirements of this section in accordance with Section 5 of appendix G 
to this part.
[Doc. No. 28870, 62 FR 17487, Apr. 9, 1997]

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 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

[[Page 240]]

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.
[Doc. No. 18834, 54 FR 34320, Aug. 18, 1989, as amended by Amdt. 91-227, 
56 FR 65661, Dec. 17, 1991]

Sec. 91.713  Operation of civil aircraft of Cuban registry.

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

Sec. 91.715  Special flight authorizations for foreign civil aircraft.

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

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

[Doc. No. 18334, 54 FR 34320, Aug. 18, 1989, as amended by Amdt. 91-212, 
54 FR 39293, Sept. 25, 1989]

Secs. 91.717--91.799  [Reserved]

                    Subpart I--Operating Noise Limits

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

Sec. 91.801  Applicability: Relation to part 36.

    (a) This subpart prescribes operating noise limits and related 
requirements that apply, as follows, to the operation of civil aircraft 
in the United States.
    (1) Sections 91.803, 91.805, 91.807, 91.809, and 91.811 apply to 
civil subsonic turbojet airplanes with maximum weights of more than 
75,000 pounds and--
    (i) If U.S. registered, that have standard airworthiness 
certificates; or
    (ii) If foreign registered, that would be required by this chapter 
to have a U.S. standard airworthiness certificate in order to conduct 
the operations intended for the airplane were it registered in the 
United States. Those sections apply to operations to or from airports in 
the United States under

[[Page 241]]

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 91.877 of this subpart prescribe 
operating noise limits and related requirements that apply to any civil 
subsonic turbojet airplane with a maximum certificated weight of more 
than 75,000 pounds operating to or from an airport in the 48 contiguous 
United States and the District of Columbia under this part, part 121, 
125, 129, or 135 of this chapter on and after September 25, 1991.
    (d) Section 91.877 prescribes reporting requirements that apply to 
any civil subsonic turbojet airplane with a maximum weight of more than 
75,000 pounds operated by an air carrier or foreign air carrier between 
the contiguous United States and the State of Hawaii, between the State 
of Hawaii and any point outside of the 48 contiguous United States, or 
between the islands of Hawaii in turnaround service, under part 121 or 
129 of this chapter on or after November 5, 1990.
[Doc. No. 18334, 54 FR 34321, Aug. 18, 1989; Amdt. 91-211, 54 FR 41211, 
Oct. 5, 1989, as amended by Amdt. 91-225, 56 FR 48658, Sept. 25, 1991; 
Amdt. 91-252, 61 FR 66185, Dec. 16, 1996]

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

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

[[Page 242]]

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

[[Page 243]]

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, 
          subsonic 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

[[Page 244]]

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

[[Page 245]]

    (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;  Quiet nacelles + 1-ring.
                      B-720B.                                           
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-   Quiet nacelles + double 
                      737-200.                   wall fan duct          
                                                 treatment.             
E                    B-747-100 (pre-December    Fixed lip inlets + sound
                      1971); B-747-200 (pre-     absorbing material     
                      December 1971).            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

[[Page 246]]

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 M<INF>M0</INF> exceeds a Mach number 
of 1, to or from an airport in the United States, unless--
    (1) Information available to the flight crew includes flight 
limitations that ensure that flights entering or leaving the United 
States will not cause a sonic boom to reach the surface within the 
United States; and
    (2) The operator complies with the flight limitations prescribed in 
paragraph (b)(1) of this section or complies with conditions and 
limitations in an authorization to exceed Mach 1 issued under appendix B 
of this part.

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

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

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

Sec. 91.821  Civil supersonic airplanes: Noise limits.

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

Secs. 91.823--91.849  [Reserved]

Sec. 91.851  Definitions.

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

[[Page 247]]

pounds or more that complies with Stage 2 noise levels as defined in 
part 36 of this chapter.
    Stage 3 airplane means a civil subsonic turbojet airplane with a 
maximum certificated weight of 75,000 pounds or more that complies with 
Stage 3 noise levels as defined in part 36 of this chapter.
[Doc. No. 26433, 56 FR 48658, Sept. 25, 1991, as amended by Amdt. 91-
252, 61 FR 66185, Dec. 16, 1996]

Sec. 91.853  Final compliance: Civil subsonic airplanes.

Except as provided in Sec. 91.873, after December 31, 1999, no person 
shall operate to or from any airport in the contiguous United States any 
airplane subject to Sec. 91.801(c) of this subpart, unless that airplane 
has been shown to comply with Stage 3 noise levels.
[Doc. No. 26433, 56 FR 48658, Sept. 25, 1991]

Sec. 91.855  Entry and nonaddition rule.

    No person may operate any airplane subject to Sec. 91.801(c) of this 
subpart to or from an airport in the contiguous United States unless one 
or more of the following apply:
    (a) The airplane complies with Stage 3 noise levels.
    (b) The airplane complies with Stage 2 noise levels and was owned by 
a U.S. person on and since November 5, 1990. Stage 2 airplanes that meet 
these criteria and are leased to foreign airlines are also subject to 
the return provisions of paragraph (e) of this section.
    (c) The airplane complies with Stage 2 noise levels, is owned by a 
non-U.S. person, and is the subject of a binding lease to a U.S. person 
effective before and on September 25, 1991. Any such airplane may be 
operated for the term of the lease in effect on that date, and any 
extensions thereof provided for in that lease.
    (d) The airplane complies with Stage 2 noise levels and is operated 
by a foreign air carrier.
    (e) The airplane complies with Stage 2 noise levels and is operated 
by a foreign operator other than for the purpose of foreign air 
commerce.
    (f) The airplane complies with Stage 2 noise levels and--
    (1) On November 5, 1990, was owned by:
    (i) A corporation, trust, or partnership organized under the laws of 
the United States or any State (including individual States, 
territories, possessions, and the District of Columbia);
    (ii) An individual who is a citizen of the United States; or
    (iii) An entity owned or controlled by a corporation, trust, 
partnership, or individual described in paragraph (f)(1) (i) or (ii) of 
this section; and
    (2) Enters into the United States not later than 6 months after the 
expiration of a lease agreement (including any extensions thereof) 
between an owner described in paragraph (f)(1) of this section and a 
foreign airline.
    (g) The airplane complies with Stage 2 noise levels and was 
purchased by the importer under a written contract executed before 
November 5, 1990.
    (h) Any Stage 2 airplane described in this section is eligible for 
operation in the contiguous United States only as provided under 
Sec. 91.865 or 91.867.
[Doc. No. 26433, 56 FR 48658, Sept. 25, 1991; 56 FR 51167, Oct. 10, 
1991]

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

    An operator of a Stage 2 airplane that is operating only between 
points outside the contiguous United States on or after November 5, 
1990, shall--
    (a) Include in its operations specifications a statement that such 
airplane may not be used to provide air transportation to or from any 
airport in the contiguous United States.
    (b) Obtain a special flight authorization to operate that airplane 
into the contiguous United States for the purpose of maintenance. The 
special flight authorization must include a statement indicating that 
this regulation is the basis for the authorization.
[Doc. No. 26433, 56 FR 48658, Sept. 25, 1991, as amended by Amdt. 91-
252, 61 FR 66185, Dec. 16, 1996]

Sec. 91.859  Modification to meet Stage 3 noise levels.

    For an airplane subject to Sec. 91.801(c) of this subpart and 
otherwise prohibited from operation to or from an airport in the 
contiguous United States

[[Page 248]]

by Sec. 91.855, any person may apply for a special flight authorization 
for that airplane to operate in the contiguous United States for the 
purpose of obtaining modifications to meet Stage 3 noise levels.
[Doc. No. 26433, 56 FR 48658, Sept. 25, 1991]

Sec. 91.861  Base level.

    (a) U.S. Operators. The base level of a U.S. operator is equal to 
the number of owned or leased Stage 2 airplanes subject to 
Sec. 91.801(c) of this subpart that were listed on that operator's 
operations specifications for operations to or from airports in the 
contiguous United States on any one day selected by the operator during 
the period January 1, 1990, through July 1, 1991, plus or minus 
adjustments made pursuant to paragraphs (a) (1) and (2).
    (1) The base level of a U.S. operator shall be increased by a number 
equal to the total of the following--
    (i) The number of Stage 2 airplanes returned to service in the 
United States pursuant to Sec. 91.855(f);
    (ii) The number of Stage 2 airplanes purchased pursuant to 
Sec. 91.855(g); and
    (iii) Any U.S. operator base level acquired with a Stage 2 airplane 
transferred from another person under Sec. 91.863.
    (2) The base level of a U.S. operator shall be decreased by the 
amount of U.S. operator base level transferred with the corresponding 
number of Stage 2 airplanes to another person under Sec. 91.863.
    (b) Foreign air carriers. The base level of a foreign air carrier is 
equal to the number of owned or leased Stage 2 airplanes that were 
listed on that carrier's U.S. operations specifications on any one day 
during the period January 1, 1990, through July 1, 1991, plus or minus 
any adjustments to the base levels made pursuant to paragraphs (b) (1) 
and (2).
    (1) The base level of a foreign air carrier shall be increased by 
the amount of foreign air carrier base level acquired with a Stage 2 
airplane from another person under Sec. 91.863.
    (2) The base level of a foreign air carrier shall be decreased by 
the amount of foreign air carrier base level transferred with a Stage 2 
airplane to another person under Sec. 91.863.
    (c) New entrants do not have a base level.
[Doc. No. 26433, 56 FR 48659, Sept. 25, 1991; 56 FR 51167, Oct. 10, 
1991]

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

    (a) Stage 2 airplanes may be transferred with or without the 
corresponding amount of base level. Base level may not be transferred 
without the corresponding number of Stage 2 airplanes.
    (b) No portion of a U.S. operator's base level established under 
Sec. 91.861(a) may be used for operations by a foreign air carrier. No 
portion of a foreign air carrier's base level established under 
Sec. 91.861(b) may be used for operations by a U.S. operator.
    (c) Whenever a transfer of Stage 2 airplanes with base level occurs, 
the transferring and acquiring parties shall, within 10 days, jointly 
submit written notification of the transfer to the FAA, Office of 
Environment and Energy. Such notification shall state:
    (1) The names of the transferring and acquiring parties;
    (2) The name, address, and telephone number of the individual 
responsible for submitting the notification on behalf of the 
transferring and acquiring parties;
    (3) The total number of Stage 2 airplanes transferred, listed by 
airplane type, model, series, and serial number;
    (4) The corresponding amount of base level transferred and whether 
it is U.S. operator or foreign air carrier base level; and
    (5) The effective date of the transaction.
    (d) If, taken as a whole, a transaction or series of transactions 
made pursuant to this section does not produce an increase or decrease 
in the number of Stage 2 airplanes for either the acquiring or 
transferring operator, such transaction or series of transactions may 
not be used to establish compliance with the requirements of 
Sec. 91.865.
[Doc. No. 26433, 56 FR 48659, Sept. 25, 1991]

Sec. 91.865  Phased compliance for operators with base level.

    Except as provided in paragraph (a) of this section, each operator 
that operates an airplane under part 91, 121,

[[Page 249]]

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. 91.801(c) of this subpart.
    (a) This section does not apply to new entrants covered by 
Sec. 91.867 or to foreign operators not engaged in foreign air commerce.
    (b) Each operator that chooses to comply with this paragraph 
pursuant to any interim compliance requirement shall reduce the number 
of Stage 2 airplanes it operates that are eligible for operation in the 
contiguous United States to a maximum of:
    (1) After December 31, 1994, 75 percent of the base level held by 
the operator;
    (2) After December 31, 1996, 50 percent of the base level held by 
the operator;
    (3) After December 31, 1998, 25 percent of the base level held by 
the operator.
    (c) Except as provided under Sec. 91.871, the number of Stage 2 
airplanes that must be reduced at each compliance date contained in 
paragraph (b) of this section shall be determined by reference to the 
amount of base level held by the operator on that compliance date, as 
calculated under Sec. 91.861.
    (d) Each operator that chooses to comply with this paragraph 
pursuant to any interim compliance requirement shall operate a fleet 
that consists of:
    (1) After December 31, 1994, not less than 55 percent Stage 3 
airplanes;
    (2) After December 31, 1996, not less than 65 percent Stage 3 
airplanes;
    (3) After December 31, 1998, not less than 75 percent Stage 3 
airplanes.
    (e) Calculations resulting in fractions may be rounded to permit the 
continued operation of the next whole number of Stage 2 airplanes.
[Doc. No. 26433, 56 FR 48659, Sept. 25, 1991]

Sec. 91.867  Phased compliance for new entrants.

    (a) New entrant U.S. air carriers.
    (1) A new entrant initiating operations under part 121 of this 
chapter on or before December 31, 1994, may initiate service without 
regard to the percentage of its fleet composed of Stage 3 airplanes.
    (2) After December 31, 1994, at least 25 percent of the fleet of a 
new entrant must comply with Stage 3 noise levels.
    (3) After December 31, 1996, at least 50 percent of the fleet of a 
new entrant must comply with Stage 3 noise levels.
    (4) After December 31, 1998, at least 75 percent of the fleet of a 
new entrant must comply with Stage 3 noise levels.
    (b) New entrant foreign air carriers.
    (1) A new entrant foreign air carrier initiating part 129 operations 
on or before December 31, 1994, may initiate service without regard to 
the percentage of its fleet composed of Stage 3 airplanes.
    (2) After December 31, 1994, at least 25 percent of the fleet on 
U.S. operations specifications of a new entrant foreign air carrier must 
comply with Stage 3 noise levels.
    (3) After December 31, 1996, at least 50 percent of the fleet on 
U.S. operations specifications of a new entrant foreign air carrier must 
comply with Stage 3 noise levels.
    (4) After December 31, 1998, at least 75 percent of the fleet on 
U.S. operations specifications of a new entrant foreign air carrier must 
comply with Stage 3 noise levels.
    (c) Calculations resulting in fractions may be rounded to permit the 
continued operation of the next whole number of Stage 2 airplanes.
[Doc. No. 26433, 56 FR 48659, Sept. 25, 1991, as amended by Amdt. 91-
252, 61 FR 66185, Dec. 16, 1996]

Sec. 91.869  Carry-forward compliance.

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

[[Page 250]]

    (2) The number of Stage 3 airplanes it would otherwise be required 
to operate in its fleet following a subsequent interim compliance date 
to meet the percentage requirements specified in Sec. 91.865(d).
[Doc. No. 26433, 56 FR 48659, Sept. 25, 1991; 56 FR 65783, Dec. 18, 
1991]

Sec. 91.871  Waivers from interim compliance requirements.

    (a) Any U.S. operator or foreign air carrier subject to the 
requirements of Sec. 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 Sec. 91.865 or 91.867 at a 
particular interim compliance date is financially onerous, physically 
impossible, or technologically infeasible, or that it would have an 
adverse effect on competition or on service to small communities.
    (e) The conditions of any waiver granted under this section shall be 
determined by the circumstances presented in the application, but in no 
case may the term extend beyond the next interim compliance date.
    (f) A summary of any request for a waiver under this section will be 
published in the Federal Register, and public comment will be invited. 
Unless the Secretary finds that circumstances require otherwise, the 
public comment period will be at least 14 days.
[Doc. No. 26433, 56 FR 48660, Sept. 25, 1991]

Sec. 91.873  Waivers from final compliance.

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

[[Page 251]]

require otherwise, the public comment period will be at least 14 days.
[Doc. No. 26433, 56 FR 48660, Sept. 25, 1991; 56 FR 51167 Oct. 10, 1991]

Sec. 91.875  Annual progress reports.

    (a) Each operator subject to Sec. 91.865 or Sec. 91.867 of this 
chapter shall submit an annual report to the FAA, Office of Environment 
and Energy, on the progress it has made toward complying with the 
requirements of that section. Such reports shall be submitted no later 
than 45 days after the end of a calendar year. All progress reports must 
provide the information through the end of the calendar year, be 
certified by the operator as true and complete (under penalty of 18 
U.S.C. 1001), and include the following information:
    (1) The name and address of the operator;
    (2) The name, title, and telephone number of the person designated 
by the operator to be responsible for ensuring the accuracy of the 
information in the report;
    (3) The operator's progress during the reporting period toward 
compliance with the requirements of Sec. 91.853, Sec. 91.865 or 
Sec. 91.867. For airplanes on U.S. operations specifications, each 
operator shall identify the airplanes by type, model, series, and serial 
number.
    (i) Each Stage 2 airplane added or removed from operation or U.S. 
operations specifications (grouped separately by those airplanes 
acquired with and without base level);
    (ii) Each Stage 2 airplane modified to Stage 3 noise levels 
(identifying the manufacturer and model of noise abatement retrofit 
equipment;
    (iii) Each Stage 3 airplane on U.S. operations specifications as of 
the last day of the reporting period; and
    (iv) For each Stage 2 airplane transferred or acquired, the name and 
address of the recipient or transferor; and, if base level was 
transferred, the person to or from whom base level was transferred or 
acquired pursuant to Section 91.863 along with the effective date of 
each base level transaction, and the type of base level transferred or 
acquired.
    (b) Each operator subject to Sec. 91.865 or Sec. 91.867 of this 
chapter shall submit an initial progress report covering the period from 
January 1, 1990, through December 31, 1991, 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

[[Page 252]]

    (2) By operating a fleet that consists of at least the minimum 
required percentage of Stage 3 airplanes under Sec. 91.865(d).

(Approved by the Office of Management and Budget under control number 
2120-0553)

[Doc. No. 26433, 56 FR 48660, Sept. 25, 1991; 56 FR 51168, Oct. 10, 
1991, as amended by 57 FR 5977, Feb. 19, 1992]

Sec. 91.877  Annual reporting of Hawaiian operations.

    (a) Each air carrier or foreign air carrier subject to Sec. 91.865 
or Sec. 91.867 of this part that conducts operations between the 
contiguous United States and the State of Hawaii, between the State of 
Hawaii and any point outside of the contiguous United States, or between 
the islands of Hawaii in turnaround service, on or since November 5, 
1990, shall include in its annual report the information described in 
paragraph (c) of this section.
    (b) Each air carrier or foreign air carrier not subject to 
Sec. 91.865 or Sec. 91.867 of this part that conducts operations between 
the contiguous U.S. and the State of Hawaii, between the State of Hawaii 
and any point outside of the contiguous United States, or between the 
islands of Hawaii in turnaround service, on or since November 5, 1990, 
shall submit an annual report to the FAA, Office of Environment and 
Energy, on its compliance with the Hawaiian operations provisions of 49 
U.S.C. 47528. Such reports shall be submitted no later than 45 days 
after the end of a calendar year. All progress reports must provide the 
information through the end of the calendar year, be certified by the 
operator as true and complete (under penalty of 18 U.S.C. 1001), and 
include the following information--
    (1) The name and address of the air carrier or foreign air carrier;
    (2) The name, title, and telephone number of the person designated 
by the air carrier or foreign air carrier to be responsible for ensuring 
the accuracy of the information in the report; and
    (3) The information specified in paragraph (c) of this section.
    (c) The following information must be included in reports filed 
pursuant to this section--
    (1) For operations conducted between the contiguous United States 
and the State of Hawaii--
    (i) The number of Stage 2 airplanes used to conduct such operations 
as of November 5, 1990;
    (ii) Any change to that number during the calendar year being 
reported, including the date of such change;
    (2) For air carriers that conduct inter-island turnaround service in 
the State of Hawaii--
    (i) The number of Stage 2 airplanes used to conduct such operations 
as of November 5, 1990;
    (ii) Any change to that number during the calendar year being 
reported, including the date of such change;
    (iii) For an air carrier that provided inter-island trunaround 
service within the state of Hawaii on November 5, 1990, the number 
reported under paragraph (c)(2)(i) of this section may include all Stage 
2 airplanes with a maximum certificated takeoff weight of more than 
75,000 pounds that were owned or leased by the air carrier on November 
5, 1990, regardless of whether such airplanes were operated by that air 
carrier or foreign air carrier on that date.
    (3) For operations conducted between the State of Hawaii and a point 
outside the contiguous United States--
    (i) The number of Stage 2 airplanes used to conduct such operations 
as of November 5, 1990; and
    (ii) Any change to that number during the calendar year being 
reported, including the date of such change.
    (d) Reports or amended reports for years predating this regulation 
are required to be filed concurrently with the next annual report.
[Doc. No. 28213, 61 FR 66185, Dec. 16, 1996]

Secs. 91.879--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

[[Page 253]]

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.
[Doc. No. 18334, 54 FR 34325, Aug. 18, 1989]

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.
[Doc. No. 18334, 54 FR 34325, Aug. 18, 1989, as amended by Amdt. 91-227, 
56 FR 65661, Dec. 17, 1991]

Secs. 91.907--91.999  [Reserved]

                          Appendices to Part 91

  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

[[Page 254]]

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.

[[Page 255]]

    (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

[[Page 256]]

checks to determine the ability of each listed instrument and item of 
equipment specified in section 2(a) of this appendix to perform as 
approved for Category II operations including a procedure for recording 
functional flight checks.
    (6) A procedure for assuring that the pilot is informed of all 
defects in listed instruments and items of equipment.
    (7) A procedure for assuring that the condition of each listed 
instrument and item of equipment upon which maintenance is performed is 
at least equal to its Category II approval condition before it is 
returned to service for Category II operations.
    (8) A procedure for an entry in the maintenance records required by 
Sec. 43.9 of this chapter that shows the date, airport, and reasons for 
each discontinued Category II operation because of a malfunction of a 
listed instrument or item of equipment.
    (b) Bench check. A bench check required by this section must comply 
with this paragraph.
    (1) It must be performed by a certificated repair station holding 
one of the following ratings as appropriate to the equipment checked:
    (i) An instrument rating.
    (ii) A radio rating.
    (iii) A rating issued under subpart D of part 145 of this chapter.
    (2) It must consist of removal of an instrument or item of equipment 
and performance of the following:
    (i) A visual inspection for cleanliness, impending failure, and the 
need for lubrication, repair, or replacement of parts;
    (ii) Correction of items found by that visual inspection; and
    (iii) Calibration to at least the manufacturer's specifications 
unless otherwise specified in the approved Category II manual for the 
aircraft in which the instrument or item of equipment is installed.
    (c) Extensions. After the completion of one maintenance cycle of 12 
calendar months, a request to extend the period for checks, tests, and 
inspections is approved if it is shown that the performance of 
particular equipment justifies the requested extension.
[Doc. No. 18334, 54 FR 34325, Aug. 18, 1989]

  Appendix B to Part 91--Authorizations to Exceed Mach 1 (Sec. 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

[[Page 257]]

until it is suspended or terminated by the Administrator. Such an 
authorization may be amended or suspended by the Administrator at any 
time if the Administrator finds that such action is necessary to protect 
the environment. Within 30 days of notification of amendnent, the holder 
of the authorization must request reconsideration or the amendnent 
becomes final. Within 30 days of notification of suspension, the holder 
of the authorization must request reconsideration or the authorization 
is automatically terminated. If reconsideration is requested within the 
30-day period, the amendment or suspension continues until the holder 
shows why the authorization should not be amended or terminated. Upon 
such showing, the Administrator may terminate or amend the authorization 
if the Administrator finds that such action is necessary to protect the 
environment, or he may reinstate the authorization without amendment if 
he finds that termination or amendnent is not necessary to protect the 
environment.
    (b) Findings and actions by the Administrator under this section do 
not affect any certificate issued under title VI of the Federal Aviation 
Act of 1958.
[Doc. No. 18334, 54 FR 34327, Aug. 18, 1989]

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

                                Section 1

    NAT MNPS airspace is that volume of airspace between FL 285 and FL 
420 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<SUP>-4</SUP> (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<SUP>-5</SUP> (less than 1 hour in 7,693 
flight hours.)

                                Section 3

    Air traffic control (ATC) may authorize an aircraft operator to 
deviate from the requirements of Sec. 91.705 for a specific flight if, 
at the time of flight plan filing for that flight, ATC determines that 
the aircraft may be provided appropriate separation and that the flight 
will not interfere with, or impose a burden upon, the operations of 
other aircraft which meet the requirements of Sec. 91.705.
[Doc. No. 18334, 54 FR 34327, Aug. 18, 1989, as amended by Amdt. 91-254, 
62 FR 17487, Apr. 9, 1997]

      Appendix D to Part 91--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)

[[Page 258]]

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.

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

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

    Section 4. Locations at which solo student pilot activity is not 
permitted.
    Pursuant to Sec. 91.131(b)(2), solo student pilot operations are not 
permitted at any of the following airports.
Atlanta, GA (The William B. Hartsfield Atlanta International Airport)
Boston, MA (General Edward Lawrence Logan International Airport)
Chicago, IL (Chicago-O'Hare International Airport)
Dallas, TX (Dallas/Fort Worth Regional Airport)
Los Angeles, CA (Los Angeles International Airport)
Miami, FL (Miami International Airport)
Newark, NJ (Newark International Airport)
New York, NY (John F. Kennedy International Airport)
New York, NY (LaGuardia Airport)
San Francisco, CA (San Francisco International Airport)
Washington, DC (Washington National Airport)
Andrews Air Force Base, MD
[Amdt. 91-227, 56 FR 65661, Dec. 17, 1991, as amended by Amdt. 91-235, 
58 FR 51968, Oct. 5, 1993; Amdt. 91-236, 59 FR 2918, Jan. 19, 1994; 
Amdt. 91-237, 59 FR 6547, Feb. 11, 1994; 59 FR 37667, July 25, 1994]

    Effective Date Note: By Amdt. 91-236, 59 FR 2918, Jan. 19, 1994, as 
corrected by Amdt. 91-237, 59 FR 6547, Feb. 11, 1994, appendix D to part 
91 was amended in sections 1 and 3 in the Denver, CO entry by revising 
``Stapleton'' to read ``Denver'' effective March 9, 1994. By Amdt. 91-
238, 59 FR 10958, Mar. 9, 1994, the effective date was delayed to May 
15, 1994. By Amdt. 91-241, 59 FR 24916,

[[Page 259]]

May 13, 1994, the effective date was suspended indefinitely.

                         Appendix E to Part 91--Airplane Flight Recorder Specifications                         
----------------------------------------------------------------------------------------------------------------
                                                      Installed system <SUP>1                                        
                                                       minimum accuracy    Sampling interval   Resolution <SUP>4 read
           Parameters                    Range           (to recovered       (per second)             out       
                                                             data)                                              
----------------------------------------------------------------------------------------------------------------
Relative Time (From Recorded on   8 hr minimum......  <plus-minus>0.125%  1.................  1 sec.            
 Prior to Takeoff).                                    per hour.                                                
Indicated Airspeed..............  Vso to VD (KIAS)..  <plus-minus>5% or   1.................  1% <SUP>3              
                                                       <plus-minus>10                                           
                                                       kts., whichever                                          
                                                       is greater.                                              
                                                       Resolution 2 kts.                                        
                                                       below 175 KIAS.                                          
Altitude........................  -1,000 ft. to max   <plus-minus>100 to  11................  25 to 150 ft.     
                                   cert. alt. of A/C.  <plus-minus>700                                          
                                                       ft. (see Table 1,                                        
                                                       TSO C51-a).                                              
Magnetic Heading................  360 deg...........  <plus-minus>5 deg.  1.................  1 deg.            
Vertical Acceleration...........  -3g to +6g........  <plus-minus>0.2g    4 (or 1 per second  0.03g.            
                                                       in addition to      where peaks, ref.                    
                                                       <plus-minus>0.3g    to 1g are                            
                                                       maximum datum.      recorded).                           
Longitudinal Acceleration.......  <plus-minus>1.0g..  <plus-minus>1.5%    2.................  0.01g.            
                                                       max. range                                               
                                                       excluding datum                                          
                                                       error of <plus-                                          
                                                       minus>5%.                                                
Pitch Attitude..................  100% of usable....  <plus-minus>2 deg.  1.................  0.8 deg.          
Roll Attitude...................  <plus-minus>60 deg  <plus-minus>2 deg.  1.................  0.8 deg.          
                                   . or 100% of                                                                 
                                   usable range,                                                                
                                   whichever is                                                                 
                                   greater.                                                                     
Stabilizer Trim Position, or....  Full Range........  <plus-minus>3%      1.................  1% <SUP>3              
                                                       unless higher                                            
                                                       uniquely required.                                       
Pitch Control Position..........                                                                                
Engine Power, Each Engine:        Full Range........  <plus-minus>3%      1.................  1% <SUP>3              
                                                       unless higher                                            
                                                       uniquely required.                                       
    Fan or N <SUP>1 Speed or EPR or    Maximum Range.....  <plus-minus>5%....  1.................  1% <SUP>3              
     Cockpit indications Used                                                                                   
     for Aircraft Certification                                                                                 
     OR.                                                                                                        
    Prop. speed and Torque        ..................  ..................  1 (prop Speed)....  1%<SUP>3               
     (Sample Once/Sec as Close                                            1 (torque)........  1% <SUP>3              
     together as Practicable).                                                                                  
Altitude Rate <SUP>2 (need depends on  <plus-minus>8,000   <plus-minus>10%.    1.................  250 fpm. below    
 altitude resolution).             fpm.                Resolution 250                          12,000           
                                                       fpm below 12,000                                         
                                                       ft. indicated.                                           
Angle of Attack <SUP>2 (need depends   -20 deg. to 40      <plus-minus>2 deg.  1.................  0.8%<SUP>3             
 on altitude resolution).          deg. or 100% of                                                              
                                   usable range.                                                                
Radio Transmitter Keying          On/Off............  ..................  1.................                    
 (Discrete).                                                                                                    
TE Flaps (Discrete or Analog)...  Each discrete       ..................  1.................                    
                                   position (U, D, T/                                                           
                                   O, AAP) OR.                                                                  
LE Flaps (Discrete or Analog)...  Analog 0-100%       <plus-minus>3%....  1.................  1%<SUP>3               
                                   range.                                                                       
                                  Each discrete       ..................  1.................                    
                                   position (U, D, T/                                                           
                                   O, AAP) OR.                                                                  
Thrust Reverser, Each Engine      Analog 0-100%       <plus-minus>3 deg.  1.................  1%<SUP>3               
 (Discrete).                       range.             ..................  ..................                    
                                  Stowed or full                                                                
                                   reverse.                                                                     
Spoiler/Speedbrake (Discrete)...  Stowed or out.....  ..................  1.................                    
Autopilot Engaged (Discrete)....  Engaged or          ..................  1.................                    
                                   Disengaged.                                                                  
----------------------------------------------------------------------------------------------------------------
<SUP>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.                                              
<SUP>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.                                                                                    
<SUP>3 Per cent of full range.                                                                                       
<SUP>4 This column applies to aircraft manufactured after October 11, 1991.                                          

[Doc. No. 18334, 54 FR 34327, Aug. 18, 1989]

[[Page 260]]


                        Appendix F to Part 91--Helicopter Flight Recorder Specifications                        
----------------------------------------------------------------------------------------------------------------
                                                       Installed system                                         
                                                          \1\ minimum      Sampling interval   Resolution 3 read
           Parameters                    Range           accuracy (to        (per second)             out       
                                                        recovered data)                                         
----------------------------------------------------------------------------------------------------------------
Relative Time (From Recorded on   4 hr minimum......  <plus-minus>0.125%  1.................  1 sec.            
 Prior to Takeoff).                                    per hour.                                                
Indicated Airspeed..............  VM in to VD (KIAS)  <plus-minus>5% or   1.................  1 kt.             
                                   (minimum airspeed   <plus-minus>10                                           
                                   signal attainable   kts., whichever                                          
                                   with installed      is greater.                                              
                                   pilot-static                                                                 
                                   system).                                                                     
Altitude........................  -1,000 ft. to       <plus-minus>100 to  1.................  25 to 150 ft.     
                                   20,000 ft.          <plus-minus>700                                          
                                   pressure altitude.  ft. (see Table 1,                                        
                                                       TSO C51-a).                                              
Magnetic Heading................  360 deg...........  <plus-minus>5 deg.  1.................  1 deg.            
Vertical Acceleration...........  -3g to +6g........  <plus-minus>0.2g    4 (or 1 per second  0.05g.            
                                                       in addition to      where peaks, ref.                    
                                                       <plus-minus>0.3g    to 1g are                            
                                                       maximum datum.      recorded).                           
Longitudinal Acceleration.......  <plus-minus>1.0g..  <plus-minus>1.5%    2.................  0.03g.            
                                                       max. range                                               
                                                       excluding datum                                          
                                                       error of <plus-                                          
                                                       minus>5%.                                                
Pitch Attitude..................  100% of usable      <plus-minus>2 deg.  1.................  0.8 deg.          
                                   range.                                                                       
Roll Attitude...................  <plus-minus>60 or   <plus-minus>2 deg.  1.................  0.8 deg.          
                                   100% of usable                                                               
                                   range, whichever                                                             
                                   is greater.                                                                  
Altitude Rate...................  <plus-minus>8,000   <plus-minus>10%     1.................  250 fpm below     
                                   fpm.                Resolution 250                          12,000.          
                                                       fpm below 12,000                                         
                                                       ft. indicated.                                           
                                                                                                                
    Engine Power, Each Engine                                                                                   
                                                                                                                
Main Rotor Speed................  Maximum Range.....  <plus-minus>5%....  1.................  1%2.              
Free or Power Turbine...........  Maximum Range.....  <plus-minus>5%....  1.................  1%2.              
Engine Torque...................  Maximum Range.....  <plus-minus>5%....  1.................  1%2.              
                                                                                                                
    Flight Control Hydraulic                                                                                    
            Pressure                                                                                            
                                                                                                                
Primary (Discrete)..............  High/Low..........  ..................  1.................                    
Secondary--if applicable          High/Low..........  ..................  1.................                    
 (Discrete).                                                                                                    
Radio Transmitter Keying          On/Off............  ..................  1.................                    
 (Discrete).                                                                                                    
Autopilot Engaged (Discrete)....  Engaged or          ..................  1.................                    
                                   Disengaged.                                                                  
SAS Status-Engaged (Discrete)...  Engaged or          ..................  1.................                    
                                   Disengaged.                                                                  
SAS Fault Status (Discrete).....  Fault/OK..........  ..................  1.................                    
                                                                                                                
         Flight Controls                                                                                        
                                                                                                                
Collective......................  Full range........  <plus-minus>3%....  2.................  1%2.              
Pedal Position..................  Full range........  <plus-minus>3%....  2.................  1%2.              
Lat. Cyclic.....................  Full range........  <plus-minus>3%....  2.................  1%2.              
Long. Cyclic....................  Full range........  <plus-minus>3%....  2.................  1%2.              
Controllable Stabilator Position  Full range........  <plus-minus>3%....  2.................  1%2.              
----------------------------------------------------------------------------------------------------------------
\1\ When data sources are aircraft instruments (except altimeters) of acceptable quality to fly the aircraft the
  recording system excluding these sensors (but including all other characteristics of the recording system)    
  shall contribute no more than half of the values in this column.                                              
\2\ Per cent of full range.                                                                                     
\3\ This column applies to aircraft manufactured after October 11, 1991.                                        

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

Appendix G to Part 91--Operations in Reduced Vertical Separation Minimum 
                             (RVSM) Airspace

                         Section 1. Definitions

    Reduced Vertical Separation Minimum (RVSM) Airspace. Within RVSM 
airspace, air traffic control (ATC) separates aircraft by a minimum of 
1,000 feet vertically between flight level (FL) 290 and FL 410 
inclusive. RVSM airspace is special qualification airspace; the operator 
and the aircraft used by the operator must be approved by the 
Administrator. Air-traffic control notifies operators of RVSM by 
providing route planing information. Section 8 of this appendix 
identifies airspace where RVSM may be applied.

[[Page 261]]

    RVSM Group Aircraft. Aircraft within a group of aircraft, approved 
as a group by the Administrator, in which each of the aircraft satisfy 
each of the following:
    (a) The aircraft have been manufactured to the same design, and have 
been approved under the same type certificate, amended type certificate, 
or supplemental type certificate.
    (b) The static system of each aircraft is installed in a manner and 
position that is the same as those of the other aircraft in the group. 
The same static source error correction is incorporated in each aircraft 
of the group.
    (c) The avionics units installed in each aircraft to meet the 
minimum RVSM equipment requirements of this appendix are:
    (1) Manufactured to the same manufacturer specification and have the 
same part number; or
    (2) Of a different manufacturer or part number, if the applicant 
demonstrates that the equipment provides equivalent system performance.
    RVSM Nongroup Aircraft. An aircraft that is approved for RVSM 
operations as an individual aircraft.
    RVSM Flight envelope. An RVSM flight envelope includes the range of 
Mach number, weight divided by atmospheric pressure ratio, and altitudes 
over which an aircraft is approved to be operated in cruising flight 
within RVSM airspace. RVSM flight envelopes are defined as follows:
    (a) The full RVSM flight envelope is bounded as follows:
    (1) The altitude flight envelope extends from FL 290 upward to the 
lowest altitude of the following:
    (i) FL 410 (the RVSM altitude limit);
    (ii) The maximum certificated altitude for the aircraft; or
    (iii) The altitude limited by cruise thrust, buffet, or other flight 
limitations.
    (2) The airspeed flight envelope extends:
    (i) From the airspeed of the slats/flaps-up maximum endurance 
(holding) airspeed, or the maneuvering airspeed, whichever is lower;
    (ii) To the maximum operating airspeed (V<INF>mo</INF>/
M<INF>mo</INF>), or airspeed limited by cruise thrust buffet, or other 
flight limitations, whichever is lower.
    (3) All permissible gross weights within the flight envelopes 
defined in paragraphs (1) and (2) of this definition.
    (b) The basic RVSM flight envelope is the same as the full RVSM 
flight envelope except that the airspeed flight envelope extends:
    (1) From the airspeed of the slats/flaps-up maximum endurance 
(holding) airspeed, or the maneuver airspeed, whichever is lower;
    (2) To the upper Mach/airspeed boundary defined for the full RVSM 
flight envelope, or a specified lower value not less than the long-range 
cruise Mach number plus .04 Mach, unless further limited by available 
cruise thrust, buffet, or other flight limitations.

                      Section 2. Aircraft Approval

    (a) An operator may be authorized to conduct RVSM operations if the 
Administrator finds that its aircraft comply with this section.
    (b) The applicant for authorization shall submit the appropriate 
data package for aircraft approval. The package must consist of at least 
the following:
    (1) An identification of the RVSM aircraft group or the nongroup 
aircraft;
    (2) A definition of the RVSM flight envelopes applicable to the 
subject aircraft;
    (3) Documentation that establishes compliance with the applicable 
RVSM aircraft requirements of this section; and
    (4) The conformity tests used to ensure that aircraft approved with 
the data package meet the RVSM aircraft requirements.
    (c) Altitude-keeping equipment: All aircraft. To approve an aircraft 
group or a nongroup aircraft, the Administrator must find that the 
aircraft meets the following requirements:
    (1) The aircraft must be equipped with two operational independent 
altitude measurement systems.
    (2) The aircraft must be equipped with at least one automatic 
altitude control system that controls the aircraft altitude--
    (i) Within a tolerance band of #65 feet about an acquired altitude 
when the aircraft is operated in straight and level flight under 
nonturbulent, nongust conditions; or
    (ii) Within a tolerance band of #130 feet under nonturbulent, 
nongust conditions for aircraft for which application for type 
certification occurred on or before April 9, 1997 that are equipped with 
an automatic altitude control system with flight management/performance 
system inputs.
    (3) The aircraft must be equipped with an altitude alert system that 
signals an alert when the altitude displayed to the flight crew deviates 
from the selected altitude by more than:
    (i) #300 feet for aircraft for which application for type 
certification was made on or before April 9, 1997; or
    (ii) #200 feet for aircraft for which application for type 
certification is made after April 9, 1997.
    (d) Altimetry system error containment: Group aircraft for which 
application for type certification was made on or before April 9, 1997. 
To approve group aircraft for which application for type certification 
was made on or before April 9, 1997, the Administrator must find that 
the altimetry system error (ASE) is contained as follows:
    (1) At the point in the basic RVSM flight envelope where mean ASE 
reaches its largest

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absolute value, the absolute value may not exceed 80 feet.
    (2) At the point in the basic RVSM flight envelope where mean ASE 
plus three standard deviations reaches its largest absolute value, the 
absolute value may not exceed 200 feet.
    (3) At the point in the full RVSM flight envelope where mean ASE 
reaches its largest absolute value, the absolute value may not exceed 
120 feet.
    (4) At the point in the full RVSM flight envelope where mean ASE 
plus three standard deviations reaches its largest absolute value, the 
absolute value may not exceed 245 feet.
    (5) Necessary operating restrictions. If the applicant demonstrates 
that its aircraft otherwise comply with the ASE containment 
requirements, the Administrator may establish an operating restriction 
on that applicant's aircraft to restrict the aircraft from operating in 
areas of the basic RVSM flight envelope where the absolute value of mean 
ASE exceeds 80 feet, and/or the absolute value of mean ASE plus three 
standard deviations exceeds 200 feet; or from operating in areas of the 
full RVSM flight envelope where the absolute value of the mean ASE 
exceeds 120 feet and/or the absolute value of the mean ASE plus three 
standard deviations exceeds 245 feet.
    (e) Altimetry system error containment: Group aircraft for which 
application for type certification is made after April 9, 1997. To 
approve group aircraft for which application for type certification is 
made after April 9, 1997, the Administrator must find that the altimetry 
system error (ASE) is contained as follows:
    (1) At the point in the full RVSM flight envelope where mean ASE 
reaches its largest absolute value, the absolute value may not exceed 80 
feet.
    (2) At the point in the full RVSM flight envelope where mean ASE 
plus three standard deviations reaches its largest absolute value, the 
absolute value may not exceed 200 feet.
    (f) Altimetry system error containment: Nongroup aircraft. To 
approve a nongroup aircraft, the Administrator must find that the 
altimetry system error (ASE) is contained as follows:
    (1) For each condition in the basic RVSM flight envelope, the 
largest combined absolute value for residual static source error plus 
the avionics error may not exceed 160 feet.
    (2) For each condition in the full RVSM flight envelope, the largest 
combined absolute value for residual static source error plus the 
avionics error may not exceed 200 feet.
    (g) If the Administrator finds that the applicant's aircraft comply 
with this section, the Administrator notifies the applicant in writing.

                    Section 3. Operator Authorization

    (a) Authority for an operator to conduct flight in airspace where 
RVSM is applied is issued in operations specifications or a Letter of 
Authorization, as appropriate. To issue an RVSM authorization, the 
Administrator must find that the operator's aircraft have been approved 
in accordance with Section 2 of this appendix and that the operator 
complies with this section.
    (b) An applicant for authorization to operate within RVSM airspace 
shall apply in a form and manner prescribed by the Administrator. The 
application must include the following:
    (1) An approved RVSM maintenance program outlining procedures to 
maintain RVSM aircraft in accordance with the requirements of this 
appendix. Each program must contain the following:
    (i) Periodic inspections, functional flight tests, and maintenance 
and inspection procedures, with acceptable maintenance practices, for 
ensuring continued compliance with the RVSM aircraft requirements.
    (ii) A quality assurance program for ensuring continuing accuracy 
and reliability of test equipment used for testing aircraft to determine 
compliance with the RVSM aircraft requirements.
    (iii) Procedures for returning noncompliant aircraft to service.
    (2) For an applicant who operates under part 121 or 135, initial and 
recurring pilot training requirements.
    (3) Policies and Procedures. An applicant who operates under part 
121 or 135 shall submit RVSM policies and procedures that will enable it 
to conduct RVSM operations safely.
    (c) Validation and Demonstration. In a manner prescribed by the 
Administrator, the operator must provide evidence that:
    (1) It is capable to operate and maintain each aircraft or aircraft 
group for which it applies for approval to operate in RVSM airspace; and
    (2) Each pilot has an adequate knowledge of RVSM requirements, 
policies, and procedures.

                       Section 4. RVSM Operations

    (a) Each person requesting a clearance to operate within RVSM 
airspace shall correctly annotate the flight plan filed with air traffic 
control with the status of the operator and aircraft with regard to RVSM 
approval. Each operator shall verify RVSM applicability for the flight 
planned route through the appropriate flight planning information 
sources.
    (b) No person may show, on the flight plan filed with air traffic 
control, an operator or aircraft as approved for RVSM operations, or 
operate on a route or in an area where RVSM approval is required, 
unless:

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    (1) The operator is authorized by the Administrator to perform such 
operations; and
    (2) The aircraft has been approved and complies with the 
requirements of Section 2 of this appendix.

                 Section 5. Deviation Authority Approval

    The Administrator may authorize an aircraft operator to deviate from 
the requirements of Sec. 91.706 for a specific flight in RVSM airspace 
if that operator has not been approved in accordance with Section 3 of 
this appendix, and if:
    (2) The operator submits an appropriate request with the air traffic 
control center controlling the airspace, (request should be made at 
least 48 hours in advance of the operation unless prevented by 
exceptional circumstances); and
    (b) At the time of filing the flight plan 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 on, the 
operations of operators who have been approved for RVSM operations in 
accordance with Section 3 of this appendix.

              Section 6. Reporting Altitude-Keeping Errors

    Each operator shall report to the Administrator each event in which 
the operator's aircraft has exhibited the following altitude-keeping 
performance:
    (a) Total vertical error of 300 feet or more;
    (b) Altimetry system error of 245 feet or more; or
    (c) Assigned altitude deviation of 300 feet or more.

              Section 7. Removal or Amendment of Authority

    The Administrator may amend operations specifications to revoke or 
restrict an RVSM authorization, or may revoke or restrict an RVSM letter 
of authorization, if the Administrator determines that the operator is 
not complying, or is unable to comply, with this appendix or subpart H 
of this part. Examples of reasons for amendment, revocation, or 
restriction include, but are not limited to, an operator's:
    (a) Committing one or more altitude-keeping errors in RVSM airspace;
    (b) Failing to make an effective and timely response to identify and 
correct an altitude-keeping error; or
    (c) Failing to report an altitude-keeping error.

                     Section 8. Airspace Designation

    RVSM may be applied in the following ICAO Flight Information Regions 
(FIR's): New York Oceanic, Gander Oceanic, Sondrestrom FIR, Reykjavik 
Oceanic, Shanwick Oceanic, and Santa Maria Oceanic.
    RVSM may be effective in the Minimum Navigation Performance 
Specification (MNPS) airspace with the NAT. The MNPS airspace within the 
NAT is defined by the volume of airspace FL 285 and FL 420 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 
boundaries of control areas Reykjavik Oceanic, Gander Oceanic, and New 
York Oceanic, excluding the areas west of 60 degrees west and south of 
38 degrees 30 minutes north.
[Doc. No. 28870, 62 FR 17487, Apr. 9, 1997]