ELECTRONIC CODE OF FEDERAL REGULATIONS
e-CFR data is current as of November 9, 2020
PART 91—GENERAL OPERATING AND FLIGHT RULES
Special Federal Aviation Regulation No. 60—Air Traffic Control System Emergency Operation
§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 on interference with crewmembers.
§91.13 Careless or reckless operation.
§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.
§91.105 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.
§91.119 Minimum safe altitudes: General.
§91.123 Compliance with ATC clearances and instructions.
§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 in the vicinity of disaster/hazard areas.
§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.
§91.146 Passenger-carrying flights for the benefit of a charitable, nonprofit, or community event.
§91.147 Passenger carrying flights for compensation or hire.
§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.
§91.167 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.
§91.180 Operations within airspace designated as Reduced Vertical Separation Minimum airspace.
§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.
§91.193 Certificate of authorization for certain Category II operations.
Subpart C—Equipment, Instrument, and Certificate Requirements
§91.203 Civil aircraft: Certifications required.
§91.207 Emergency locator transmitters.
§91.213 Inoperative instruments and equipment.
§91.215 ATC transponder and altitude reporting equipment and use.
§91.219 Altitude alerting system or device: Turbojet-powered civil airplanes.
§91.221 Traffic alert and collision avoidance system equipment and use.
§91.223 Terrain awareness and warning system.
§91.225 Automatic Dependent Surveillance-Broadcast (ADS-B) Out equipment and use.
§91.227 Automatic Dependent Surveillance-Broadcast (ADS-B) Out equipment performance requirements.
Subpart D—Special Flight Operations
§91.307 Parachutes and parachuting.
§91.309 Towing: Gliders and unpowered ultralight vehicles.
§91.311 Towing: Other than under §91.309.
§91.313 Restricted category civil aircraft: Operating limitations.
§91.315 Limited category civil aircraft: Operating limitations.
§91.317 Provisionally certificated civil aircraft: Operating limitations.
§91.319 Aircraft having experimental certificates: Operating limitations.
§91.321 Carriage of candidates in elections.
§91.323 Increased maximum certificated weights for certain airplanes operated in Alaska.
§91.325 Primary category aircraft: Operating limitations.
Subpart E—Maintenance, Preventive Maintenance, and Alterations
§91.407 Operation after maintenance, preventive maintenance, rebuilding, or alteration.
§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.
§91.419 Transfer of maintenance records.
§91.421 Rebuilt engine maintenance records.
Subpart F—Large and Turbine-Powered Multiengine Airplanes and Fractional Ownership Program Aircraft
§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 Communication and navigation equipment for overwater operations.
§91.515 Flight altitude rules.
§91.517 Passenger information.
§91.527 Operating in icing conditions.
§91.529 Flight engineer requirements.
§91.531 Second in command requirements.
§91.533 Flight attendant requirements.
Subpart G—Additional Equipment and Operating Requirements for Large and Transport Category Aircraft
§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 data recorders and cockpit voice recorders.
§91.611 Authorization for ferry flight with one engine inoperative.
§91.613 Materials for compartment interiors.
§91.703 Operations of civil aircraft of U.S. registry outside of the United States.
§91.706 Operations within airspace designed as Reduced Vertical Separation Minimum Airspace.
§91.707 Flights between Mexico or Canada and the United States.
§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.
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.
§91.815 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.
§91.853 Final compliance: Civil subsonic airplanes.
§91.855 Entry and nonaddition rule.
§91.857 Stage 2 operations outside of the 48 contiguous United States.
§91.858 Special flight authorizations for non-revenue Stage 2 operations.
§91.859 Modification to meet Stage 3, Stage 4, or Stage 5 noise levels.
§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.
§91.881 Final compliance: Civil subsonic jet airplanes weighing 75,000 pounds or less.
§91.883 Special flight authorizations for jet airplanes weighing 75,000 pounds or less.
§91.903 Policy and procedures.
§91.905 List of rules subject to waivers.
Subpart K—Fractional Ownership Operations
§91.1003 Management contract between owner and program manager.
§91.1005 Prohibitions and limitations.
§91.1007 Flights conducted under part 121 or part 135 of this chapter.
§91.1009 Clarification of operational control.
§91.1011 Operational control responsibilities and delegation.
§91.1013 Operational control briefing and acknowledgment.
§91.1014 Issuing or denying management specifications.
§91.1015 Management specifications.
§91.1017 Amending program manager’s management specifications.
§91.1019 Conducting tests and inspections.
§91.1021 Internal safety reporting and incident/accident response.
§91.1023 Program operating manual requirements.
§91.1025 Program operating manual contents.
§91.1029 Flight scheduling and locating requirements.
§91.1031 Pilot in command or second in command: Designation required.
§91.1033 Operating information required.
§91.1039 IFR takeoff, approach and landing minimums.
§91.1041 Aircraft proving and validation tests.
§91.1045 Additional equipment requirements.
§91.1047 Drug and alcohol misuse education program.
§91.1050 Employment of former FAA employees.
§91.1051 Pilot safety background check.
§91.1053 Crewmember experience.
§91.1055 Pilot operating limitations and pairing requirement.
§91.1057 Flight, duty and rest time requirements: All crewmembers.
§91.1059 Flight time limitations and rest requirements: One or two pilot crews.
§91.1061 Augmented flight crews.
§91.1062 Duty periods and rest requirements: Flight attendants.
§91.1063 Testing and training: Applicability and terms used.
§91.1065 Initial and recurrent pilot testing requirements.
§91.1067 Initial and recurrent flight attendant crewmember testing requirements.
§91.1069 Flight crew: Instrument proficiency check requirements.
§91.1071 Crewmember: Tests and checks, grace provisions, training to accepted standards.
§91.1073 Training program: General.
§91.1075 Training program: Special rules.
§91.1077 Training program and revision: Initial and final approval.
§91.1079 Training program: Curriculum.
§91.1081 Crewmember training requirements.
§91.1083 Crewmember emergency training.
§91.1085 Hazardous materials recognition training.
§91.1087 Approval of aircraft simulators and other training devices.
§91.1089 Qualifications: Check pilots (aircraft) and check pilots (simulator).
§91.1091 Qualifications: Flight instructors (aircraft) and flight instructors (simulator).
§91.1097 Pilot and flight attendant crewmember training programs.
§91.1099 Crewmember initial and recurrent training requirements.
§91.1101 Pilots: Initial, transition, and upgrade ground training.
§91.1103 Pilots: Initial, transition, upgrade, requalification, and differences flight training.
§91.1105 Flight attendants: Initial and transition ground training.
§91.1109 Aircraft maintenance: Inspection program.
§91.1111 Maintenance training.
§91.1113 Maintenance recordkeeping.
§91.1115 Inoperable instruments and equipment.
§91.1411 Continuous airworthiness maintenance program use by fractional ownership program manager.
§91.1413 CAMP: Responsibility for airworthiness.
§91.1415 CAMP: Mechanical reliability reports.
§91.1417 CAMP: Mechanical interruption summary report.
§91.1423 CAMP: Maintenance organization.
§91.1425 CAMP: Maintenance, preventive maintenance, and alteration programs.
§91.1427 CAMP: Manual requirements.
§91.1429 CAMP: Required inspection personnel.
§91.1431 CAMP: Continuing analysis and surveillance.
§91.1433 CAMP: Maintenance and preventive maintenance training program.
§91.1435 CAMP: Certificate requirements.
§91.1437 CAMP: Authority to perform and approve maintenance.
§91.1439 CAMP: Maintenance recording requirements.
§91.1441 CAMP: Transfer of maintenance records.
§91.1443 CAMP: Airworthiness release or aircraft maintenance log entry.
Subpart L—Continued Airworthiness and Safety Improvements
§91.1501 Purpose and definition.
§91.1505 Repairs assessment for pressurized fuselages.
§91.1507 Fuel tank system inspection program.
Subpart M—Special Federal Aviation Regulations
Subpart N—Mitsubishi MU-2B Series Special Training, Experience, and Operating Requirements
§91.1703 Compliance and eligibility.
§91.1705 Required pilot training.
§91.1707 Training program hours.
§91.1709 Training program approval.
§91.1711 Aeronautical experience.
§91.1713 Instruction, checking, and evaluation.
§91.1715 Currency requirements and flight review.
§91.1717 Operating requirements.
§91.1719 Credit for prior training.
§91.1721 Incorporation by reference.
Appendix A to Part 91—Category II Operations: Manual, Instruments, Equipment, and Maintenance
Appendix B to Part 91—Authorizations To Exceed Mach 1 (§91.817)
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(f), 106(g), 1155, 40101, 40103, 40105, 40113, 40120, 44101, 44111, 44701, 44704, 44709, 44711, 44712, 44715, 44716, 44717, 44722, 46306, 46315, 46316, 46504, 46506-46507, 47122, 47508, 47528-47531, 47534, Pub. L. 114-190, 130 Stat. 615 (49 U.S.C. 44703 note); articles 12 and 29 of the Convention on International Civil Aviation (61 Stat. 1180), (126 Stat. 11).
Special Federal Aviation Regulation 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°09′30″ N., long. 114°03′00″ W.; northeast to lat. 36°14′00″ N., long. 113°09′50″ W.; thence northeast along the boundary of the Grand Canyon National Park to lat. 36°24′47″ N., long. 112°52′00″ W.; to lat. 36°30′30″ N., long. 112°36′15″ W. to lat. 36°21′30″ N., long. 112°00′00″ W. to lat. 36°35′30″ N., long. 111°53′10″ W., to lat. 36°53′00″ N., long. 111°36′45″ W. to lat. 36°53′00″ N., long. 111°33′00″W.; to lat. 36°19′00″ N., long. 111°50′50″ W.; to lat. 36°17′00″ N., long. 111°42′00″ W.; to lat. 35°59′30″ N., long. 111°42′00″ W.; to lat. 35°57′30″ N., long. 112°03′55″ W.; thence counterclockwise via the 5 statute mile radius of the Grand Canyon Airport airport reference point (lat. 35°57′09″ N., long. 112°08′47″ W.) to lat. 35°57′30″ N., long. 112°14′00″ W.; to lat. 35°57′30″ N., long. 113°11′00″ W.; to lat. 35°42′30″ N., long. 113°11′00″ W.; to 35°38′30″ N.; long. 113°27′30″ W.; thence counterclockwise via the 5 statute mile radius of the Peach Springs VORTAC to lat. 35°41′20″ N., long. 113°36′00″ W.; to lat. 35°55′25″ N., long. 113°49′10″ W.; to lat. 35°57′45″ N., 113°45′20″ W.; thence northwest along the park boundary to lat. 36°02′20″ N., long. 113°50′15″ W.; to 36°00′10″ N., long. 113°53′45″ W.; thence to the point of beginning.
Section 3. Aircraft operations: general. Except in an emergency, no person may operate an aircraft in the Special Flight Rules, Area under VFR on or after September 22, 1988, or under IFR on or after April 6, 1989, unless the operation—
(a) Is conducted in accordance with the following procedures:
NOTE: The following procedures do not relieve the pilot from see-and-avoid responsibility or compliance with FAR 91.119.
(1) Unless necessary to maintain a safe distance from other aircraft or terrain—
(i) Remain clear of the areas described in Section 4; and
(ii) Remain at or above the following altitudes in each sector of the canyon:
Eastern section from Lees Ferry to North Canyon and North Canyon to Boundary Ridge: as prescribed in Section 5.
Boundary Ridge to Supai Point (Yumtheska Point): 10,000 feet MSL.
Western section from Diamond Creek to the Grant Wash Cliffs: 8,000 feet MSL.
(2) Proceed through the four flight corridors describe in Section 4 at the following altitudes unless otherwise authorized in writing by the responsible Flight Standards office:
Northbound
11,500 or
13,500 feet MSL
Southbound
>10,500 or
>12,500 feet MSL
(b) Is authorized in writing by the responsible Flight Standards office and is conducted in compliance with the conditions contained in that authorization. Normally authorization will be granted for operation in the areas described in Section 4 or below the altitudes listed in Section 5 only for operations of aircraft necessary for law enforcement, firefighting, emergency medical treatment/evacuation of persons in the vicinity of the Park; for support of Park maintenance or activities; or for aerial access to and maintenance of other property located within the Special Flight Rules Area. Authorization may be issued on a continuing basis.
(c)(1) Prior to November 1, 1988, is conducted in accordance with a specific authorization to operate in that airspace incorporated in the operator’s part 135 operations specifications in accordance with the provisions of SFAR 50-1, notwithstanding the provisions of Sections 4 and 5; and
(2) On or after November 1, 1988, is conducted in accordance with a specific authorization to operate in that airspace incorporated in the operated in the operator’s operations specifications and approved by the responsible Flight Standards office in accordance with the provisions of SFAR 50-2.
(d) Is a search and rescue mission directed by the U.S. Air Force Rescue Coordination Center.
(e) Is conducted within 3 nautical miles of Whitmore Airstrip, Pearce Ferry Airstrip, North Rim Airstrip, Cliff Dwellers Airstrip, or Marble Canyon Airstrip at an altitudes less than 3,000 feet above airport elevation, for the purpose of landing at or taking off from that facility. Or
(f) Is conducted under an IFR clearance and the pilot is acting in accordance with ATC instructions. An IFR flight plan may not be filed on a route or at an altitude that would require operation in an area described in Section 4.
Section 4. Flight-free zones. Except in an emergency or if otherwise necessary for safety of flight, or unless otherwise authorized by the responsible Flight Standards 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°59′30″ N., Long. 111°46′20″ W. to 35°59′30″ N., Long. 111°52′45″ W.; to Lat. 36°04′50″ N., Long. 111°52′00″ W.; to Lat. 36°06′00″ N., Long. 111°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°59′30″ N., Long. 111°55′30″ W.; to Lat. 35°59′30″ N., Long. 112°04′00″ W.; thence counterclockwise via the 5 statute mile radius of the Grand Canyon Airport point (Lat. 35°57′09″ N., Long. 112°08′47″ W.) to Lat. 36°01′30″ N., Long. 112°11′00″ W.; to Lat. 36°06′15″ N., Long. 112°12′50″ W.; to Lat. 36°14′40″ N., Long. 112°08′50″ W.; to Lat. 36°14′40″ N., Long. 111°57′30″ W.; to Lat. 36°12′30″ N., Long. 111°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°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°04′00″ N., Long. 112°16′40″ W.; northwest along the park boundary to a point at Lat. 36°12′47″ N., Long. 112°30′53″ W.; to Lat. 36°21′15″ N., Long. 112°20′20″ W.; east along the park boundary to Lat. 36°21′15″ N., Long. 112°13′55″ W.; to Lat. 36°14′40″ N., Long. 112°11′25″ W.; to the point of origin. The area between the Thunder River/Toroweap and Shinumo Flight Free Zones is designated the “Fossil Canyon Corridor.”
(d) Toroweap/Thunder River Flight-Free Zone. Within an area bounded by a line beginning at Lat. 36°22′45″N., Long. 112°20′35″ W.; thence northwest along the boundary of the Grand Canyon National Park to Lat. 36°17′48″ N., Long. 113°03′15″ W.; to Lat. 36°15′00″ N., Long. 113°07′10″ W.; to Lat. 36°10′30″ N., Long. 113°07′10″ W.; thence east along the Colorado River to the confluence of Havasu Canyon (Lat. 36°18′40″ N., Long. 112°45′45″ W.;) including that area within a 1.5 nautical mile radius of Toroweap Overlook (Lat. 36°12′45″N., Long. 113°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°24′47″ N., Long. 112°48′50″ W. and Lat. 36°17′10″ N., Long. 112°48′50″ W.; to the point of origin.
Section 5. Minimum flight altitudes. Except in an emergency or if otherwise necessary for safety of flight, or unless otherwise authorized by the responsible Flight Standards 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.
Section 9. Termination date. Section 1. Applicability, Section 4, Flight-free zones, and Section 5. Minimum flight altitudes, expire on April 19, 2001.
NOTE: [Removed]
[66 FR 1003, Jan. 4, 2001, as amended at 66 FR 16584, Mar. 26, 2001; 72 FR 9846, Mar. 6, 2007; Docket FAA-2018-0119, Amdt. 91-350, 83 FR 9171, Mar. 5, 2018]
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 §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 §91.139 of the Federal Aviation Regulations.
b. When the National Air Traffic Reduced Complement Operations Plan is activated pursuant to paragraph 4 of this regulation, except in accordance with the pertinent provisions of the National Air Traffic Reduced Complement Operations Plan.
3. Prior to or in connection with the implementation of the RCOP, and as conditions warrant, the Director is authorized to:
a. Restrict, prohibit, or permit VFR and/or IFR operations at any airport, Class B airspace area, Class C airspace area, or other class of controlled airspace.
b. Give priority at any airport to flights that are of military necessity, or are medical emergency flights, Presidential flights, and flights transporting critical Government employees.
c. Implement, at any airport, traffic management procedures, that may include reduction of flight operations. Reduction of flight operations will be accomplished, to the extent practical, on a pro rata basis among and between air carrier, commercial operator, and general aviation operations. Flights cancelled under this SFAR at a high density traffic airport will be considered to have been operated for purposes of part 93 of the Federal Aviation Regulations.
4. The Director may activate the National Air Traffic Reduced Complement Operations Plan at any time he finds that it is necessary for the safety and efficiency of the National Airspace System. Upon activation of the RCOP and notwithstanding any provision of the FAR to the contrary, the Director is authorized to suspend or modify any airspace designation.
5. Notice of restrictions, prohibitions, procedures and other actions taken by the Director under this regulation with respect to the operation of the Air Traffic Control system will be announced in Notices to Airmen issued pursuant to §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. 4321et 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. 97—Special Operating Rules for the Conduct of Instrument Flight Rules (IFR) Area Navigation (RNAV) Operations using Global Positioning Systems (GPS) in Alaska
Those persons identified in Section 1 may conduct IFR en route RNAV operations in the State of Alaska and its airspace on published air traffic routes using TSO C145a/C146a navigation systems as the only means of IFR navigation. Despite contrary provisions of parts 71, 91, 95, 121, 125, and 135 of this chapter, a person may operate aircraft in accordance with this SFAR if the following requirements are met.
Section 1. Purpose, use, and limitations
a. This SFAR permits TSO C145a/C146a GPS (RNAV) systems to be used for IFR en route operations in the United States airspace over and near Alaska (as set forth in paragraph c of this section) at Special Minimum En Route Altitudes (MEA) that are outside the operational service volume of ground-based navigation aids, if the aircraft operation also meets the requirements of sections 3 and 4 of this SFAR.
b. Certificate holders and part 91 operators may operate aircraft under this SFAR provided that they comply with the requirements of this SFAR.
c. Operations conducted under this SFAR are limited to United States Airspace within and near the State of Alaska as defined in the following area description:
From 62°00′00.000″ N, Long. 141°00′00.00″ W.; to Lat. 59°47′54.11″ N., Long. 135°28′38.34″ W.; to Lat. 56°00′04.11″ N., Long. 130°00′07.80″ W.; to Lat. 54°43′00.00″ N., Long. 130°37′00.00″ W.; to Lat. 51°24′00.00″ N., Long. 167°49′00.00″ W.; to Lat. 50°08′00.00″ N., Long. 176°34′00.00″ W.; to Lat. 45°42′00.00″ N., Long. −162°55′00.00″ E.; to Lat. 50°05′00.00″ N., Long. −159°00′00.00″ E.; to Lat. 54°00′00.00″ N., Long. −169°00′00.00″E.; to Lat. 60°00 00.00″ N., Long. −180°00′ 00.00″ E; to Lat. 65°00′00.00″ N., Long. 168°58′23.00″ W.; to Lat. 90°00′00.00″ N., Long. 00°00′0.00″ W.; to Lat. 62°00′00.000″ N, Long. 141°00′00.00″ W.
(d) No person may operate an aircraft under IFR during the en route portion of flight below the standard MEA or at the special MEA unless the operation is conducted in accordance with sections 3 and 4 of this SFAR.
Section 2. Definitions and abbreviations
For the purposes of this SFAR, the following definitions and abbreviations apply.
Area navigation (RNAV). RNAV is a method of navigation that permits aircraft operations on any desired flight path.
Area navigation (RNAV) route. RNAV route is a published route based on RNAV that can be used by suitably equipped aircraft.
Certificate holder. A certificate holder means a person holding a certificate issued under part 119 or part 125 of this chapter or holding operations specifications issued under part 129 of this chapter.
Global Navigation Satellite System (GNSS). GNSS is a world-wide position and time determination system that uses satellite ranging signals to determine user location. It encompasses all satellite ranging technologies, including GPS and additional satellites. Components of the GNSS include GPS, the Global Orbiting Navigation Satellite System, and WAAS satellites.
Global Positioning System (GPS). GPS is a satellite-based radio navigational, positioning, and time transfer system. The system provides highly accurate position and velocity information and precise time on a continuous global basis to properly equipped users.
Minimum crossing altitude (MCA). The minimum crossing altitude (MCA) applies to the operation of an aircraft proceeding to a higher minimum en route altitude when crossing specified fixes.
Required navigation system. Required navigation system means navigation equipment that meets the performance requirements of TSO C145a/C146a navigation systems certified for IFR en route operations.
Route segment. Route segment is a portion of a route bounded on each end by a fix or NAVAID.
Special MEA. Special MEA refers to the minimum en route altitudes, using required navigation systems, on published routes outside the operational service volume of ground-based navigation aids and are depicted on the published Low Altitude and High Altitude En Route Charts using the color blue and with the suffix “G.” For example, a GPS MEA of 4000 feet MSL would be depicted using the color blue, as 4000G.
Standard MEA. Standard MEA refers to the minimum en route IFR altitude on published routes that uses ground-based navigation aids and are depicted on the published Low Altitude and High Altitude En Route Charts using the color black.
Station referenced. Station referenced refers to radio navigational aids or fixes that are referenced by ground based navigation facilities such as VOR facilities.
Wide Area Augmentation System (WAAS). WAAS is an augmentation to GPS that calculates GPS integrity and correction data on the ground and uses geo-stationary satellites to broadcast GPS integrity and correction data to GPS/WAAS users and to provide ranging signals. It is a safety critical system consisting of a ground network of reference and integrity monitor data processing sites to assess current GPS performance, as well as a space segment that broadcasts that assessment to GNSS users to support en route through precision approach navigation. Users of the system include all aircraft applying the WAAS data and ranging signal.
Section 3. Operational Requirements
To operate an aircraft under this SFAR, the following requirements must be met:
a. Training and qualification for operations and maintenance personnel on required navigation equipment used under this SFAR.
b. Use authorized procedures for normal, abnormal, and emergency situations unique to these operations, including degraded navigation capabilities, and satellite system outages.
c. For certificate holders, training of flight crewmembers and other personnel authorized to exercise operational control on the use of those procedures specified in paragraph b of this section.
d. Part 129 operators must have approval from the State of the operator to conduct operations in accordance with this SFAR.
e. In order to operate under this SFAR, a certificate holder must be authorized in operations specifications.
Section 4. Equipment Requirements
a. The certificate holder must have properly installed, certificated, and functional dual required navigation systems as defined in section 2 of this SFAR for the en route operations covered under this SFAR.
b. When the aircraft is being operated under part 91, the aircraft must be equipped with at least one properly installed, certificated, and functional required navigation system as defined in section 2 of this SFAR for the en route operations covered under this SFAR.
Section 5. Expiration date
This Special Federal Aviation Regulation will remain in effect until rescinded.
[Doc. No. FAA-2003-14305, 68 FR 14077, Mar. 21, 2003]
Special Federal Aviation Regulation No. 104—Prohibition Against Certain Flights by Syrian Air Carriers to the United States
1. Applicability. This Special Federal Aviation Regulation (SFAR) No. 104 applies to any air carrier owned or controlled by Syria that is engaged in scheduled international air services.
2. Special flight restrictions. Except as provided in paragraphs 3 and 4 of this SFAR No. 104, no air carrier described in paragraph 1 may take off from or land in the territory of the United States.
3. Permitted operations. This SFAR does not prohibit overflights of the territory of the United States by any air carrier described in paragraph 1.
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 of any air carrier described in paragraph 1 may deviate from this SFAR to the extent required by that emergency. Each person who deviates from this rule must, within 10 days of the deviation, excluding Saturdays, Sundays, and Federal holidays, submit to the responsible Flight Standards 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. 104 will remain in effect until further notice.
[Doc. No. FAA-2004-17763, 69 FR 31719, June 4, 2004, as amended by Docket FAA-2018-0119, Amdt. 91-350, 83 FR 9171, Mar. 5, 2018]
Special Federal Aviation Regulation No. 118-2—Relief for Certain Persons During the National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Public Health Emergency
For the text of SFAR No. 118-2, see part 61 of this chapter.
[Docket No. FAA-2020-0446, Amdt. No. 91-360, 85 FR 62975, Oct. 6, 2020]]
EFFECTIVE DATE NOTE: By Docket No. FAA-2020-0446, Amdt. No. 91-360, 85 FR 62975, Oct. 6, 2020, SFAR 118-2 to part 91 was added, effective Oct. 1, 2020 through Apr. 30, 2021.
Subpart A—General
SOURCE: Docket No. 18334, 54 FR 34292, Aug. 18, 1989, unless otherwise noted.
§91.1 Applicability.
(a) Except as provided in paragraphs (b), (c), (e), and (f) of this section and §§91.701 and 91.703, this part prescribes rules governing the operation of aircraft 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 must comply with §§91.1 through 91.21; §§91.101 through 91.143; §§91.151 through 91.159; §§91.167 through 91.193; §91.203; §91.205; §§91.209 through 91.217; §91.221, §91.225; §§91.303 through 91.319; §§91.323 through 91.327; §91.605; §91.609; §§91.703 through 91.715; and §91.903.
(c) This part applies to each person on board an aircraft being operated under this part, unless otherwise specified.
(d) This part also establishes requirements for operators to take actions to support the continued airworthiness of each airplane.
(e) This part does not apply to any aircraft or vehicle governed by part 103 of this chapter, or subparts B, C, or D of part 101 of this chapter.
(f) Except as provided in §§107.13, 107.27, 107.47, 107.57, and 107.59 of this chapter, this part does not apply to any aircraft governed by part 107 of this chapter.
[Doc. No. 18334, 54 FR 34292, Aug. 18, 1989, as amended by Amdt. 91-257, 64 FR 1079, Jan. 7, 1999; Amdt. 91-282, 69 FR 44880, July 27, 2004; Amdt. 91-297, 72 FR 63410, Nov. 8, 2007; Amdt. 91-314, 75 FR 30193, May 28, 2010; Docket FAA-2015-0150, Amdt. 91-343, 81 FR 42208, June 28, 2016]
§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)
§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 §61.58 of this chapter.
§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.
§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 §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 §121.141(b); and
(2) For which an Airplane or Rotorcraft Flight Manual is not required by §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.
§91.11 Prohibition on 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.
§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.
§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.
§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 an alcohol concentration of 0.04 or greater in a blood or breath specimen. Alcohol concentration means grams of alcohol per deciliter of blood or grams of alcohol per 210 liters of breath.
(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 alcohol concentration in the blood or breath, 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 FAA has a reasonable basis to believe that a person may have violated paragraph (a)(1), (a)(2), or (a)(4) of this section, on request of the FAA, that person must furnish to the FAA the results, or authorize any clinic, hospital, or doctor, or other person to release to the FAA, the results of each test taken within 4 hours after acting or attempting to act as a crewmember that indicates an alcohol concentration in the blood or breath specimen.
(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.
[Doc. No. 18334, 54 FR 34292, Aug. 18, 1989, as amended by Amdt. 91-291, June 21, 2006]
§91.19 Carriage of narcotic drugs, marihuana, and depressant or stimulant drugs or substances.
(a) Except as provided in paragraph (b) of this section, no person may operate a civil aircraft within the United States with knowledge that narcotic drugs, marihuana, and depressant or stimulant drugs or substances as defined in Federal or State statutes are carried in the aircraft.
(b) Paragraph (a) of this section does not apply to any carriage of narcotic drugs, marihuana, and depressant or stimulant drugs or substances authorized by or under any Federal or State statute or by any Federal or State agency.
§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.
§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 responsible Flight Standards 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, 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 §47.61 of this chapter.
(c) No person may operate a large civil aircraft of U.S. registry that is subject to a lease or contract of conditional sale to which paragraph (a) of this section applies, unless—
(1) The lessee or conditional buyer, or the registered owner if the lessee is not a citizen of the United States, has mailed a copy of the lease or contract that complies with the requirements of paragraph (a) of this section, within 24 hours of its execution, to the Aircraft Registration Branch, Attn: Technical Section, P.O. Box 25724, Oklahoma City, 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 responsible Flight Standards office. 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; Amdt. 91-267, 66 FR 21066, Apr. 27, 2001; Docket FAA-2018-0119, Amdt. 91-350, 83 FR 9171, Mar. 5, 2018]
§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.
§§91.27-91.99 [Reserved]
Subpart B—Flight Rules
SOURCE: Docket No. 18334, 54 FR 34294, Aug. 18, 1989, unless otherwise noted.
GENERAL
§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.
§91.103 Preflight action.
Each pilot in command shall, before beginning a flight, become familiar with all available information concerning that flight. This information must include—
(a) For a flight under IFR or a flight not in the vicinity of an airport, weather reports and forecasts, fuel requirements, alternatives available if the planned flight cannot be completed, and any known traffic delays of which the pilot in command has been advised by ATC;
(b) For any flight, runway lengths at airports of intended use, and the following takeoff and landing distance information:
(1) For civil aircraft for which an approved Airplane or Rotorcraft Flight Manual containing takeoff and landing distance data is required, the takeoff and landing distance data contained therein; and
(2) For civil aircraft other than those specified in paragraph (b)(1) of this section, other reliable information appropriate to the aircraft, relating to aircraft performance under expected values of airport elevation and runway slope, aircraft gross weight, and wind and temperature.
§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]
§91.107 Use of safety belts, shoulder harnesses, and child restraint systems.
(a) Unless otherwise authorized by the Administrator—
(1) No pilot may take off a U.S.-registered civil aircraft (except a free balloon that incorporates a basket or gondola, or an airship type certificated before November 2, 1987) unless the pilot in command of that aircraft ensures that each person on board is briefed on how to fasten and unfasten that person’s safety belt and, if installed, shoulder harness.
(2) No pilot may cause to be moved on the surface, take off, or land a U.S.-registered civil aircraft (except a free balloon that incorporates a basket or gondola, or an airship type certificated before November 2, 1987) unless the pilot in command of that aircraft ensures that each person on board has been notified to fasten his or her safety belt and, if installed, his or her shoulder harness.
(3) Except as provided in this paragraph, each person on board a U.S.-registered civil aircraft (except a free balloon that incorporates a basket or gondola or an airship type certificated before November 2, 1987) must occupy an approved seat or berth with a safety belt and, if installed, shoulder harness, properly secured about him or her during movement on the surface, takeoff, and landing. For seaplane and float equipped rotorcraft operations during movement on the surface, the person pushing off the seaplane or rotorcraft from the dock and the person mooring the seaplane or rotorcraft at the dock are excepted from the preceding seating and safety belt requirements. Notwithstanding the preceding requirements of this paragraph, a person may:
(i) Be held by an adult who is occupying an approved seat or berth, provided that the person being held has not reached his or her second birthday and does not occupy or use any restraining device;
(ii) Use the floor of the aircraft as a seat, provided that the person is on board for the purpose of engaging in sport parachuting; or
(iii) Notwithstanding any other requirement of this chapter, occupy an approved child restraint system furnished by the operator or one of the persons described in paragraph (a)(3)(iii)(A) of this section provided that:
(A) The child is accompanied by a parent, guardian, or attendant designated by the child’s parent or guardian to attend to the safety of the child during the flight;
(B) Except as provided in paragraph (a)(3)(iii)(B)(4) of this action, the approved child restraint system bears one or more labels as follows:
(1) Seats manufactured to U.S. standards between January 1, 1981, and February 25, 1985, must bear the label: “This child restraint system conforms to all applicable Federal motor vehicle safety standards”;
(2) Seats manufactured to U.S. standards on or after February 26, 1985, must bear two labels:
(i) “This child restraint system conforms to all applicable Federal motor vehicle safety standards”; and
(ii) “THIS RESTRAINT IS CERTIFIED FOR USE IN MOTOR VEHICLES AND AIRCRAFT” in red lettering;
(3) Seats that do not qualify under paragraphs (a)(3)(iii)(B)(1) and (a)(3)(iii)(B)(2) of this section must bear a label or markings showing:
(ii) That the seat was manufactured under the standards of the United Nations;
(iii) That the seat or child restraint device furnished by the operator was approved by the FAA through Type Certificate or Supplemental Type Certificate; or
(iv) That the seat or child restraint device furnished by the operator, or one of the persons described in paragraph (a)(3)(iii)(A) of this section, was approved by the FAA in accordance with §21.8(d) of this chapter or Technical Standard Order C-100b or a later version. The child restraint device manufactured by AmSafe, Inc. (CARES, Part No. 4082) and approved by the FAA in accordance with §21.305(d) (2010 ed.) of this chapter may continue to bear a label or markings showing FAA approval in accordance with §21.305(d) (2010 ed.) of this chapter.
(4) Except as provided in §91.107(a)(3)(iii)(B)(3)(iii) and §91.107(a)(3)(iii)(B)(3)(iv), 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 §91.105.
[Doc. No. 26142, 57 FR 42671, Sept. 15, 1992, as amended by Amdt. 91-250, 61 FR 28421, June 4, 1996; Amdt. 91-289, 70 FR 50906, Aug. 26, 2005; Amdt. 91-292, 71 FR 40009, July 14, 2006; Amdt. 91-317, 75 FR 48857, Aug. 12, 2010; Amdt. 91-332, 79 FR 28812, May 20, 2014]
§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 an airplane that is equipped with a single, functioning throwover control wheel that controls the elevator and ailerons, in place of fixed, dual controls, 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) An airplane equipped with a single, functioning throwover control wheel that controls the elevator and ailerons, in place of fixed, dual controls may be used for flight instruction to conduct a flight review required by §61.56 of this chapter, or to obtain recent flight experience or an instrument proficiency check required by §61.57 when—
(1) The airplane is equipped with operable rudder pedals at both pilot stations;
(2) The pilot manipulating the controls is qualified to serve and serves as pilot in command during the entire flight;
(3) The instructor is current and qualified to serve as pilot in command of the airplane, meets the requirements of §61.195(b), and has logged at least 25 hours of pilot-in-command flight time in the make and model of airplane; and
(4) The pilot in command and the instructor have determined the flight can be conducted safely.
(c) 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:
(i) A private pilot certificate with category and class ratings appropriate to the aircraft being flown; or
(ii) For purposes of providing training for a solo cross-country endorsement under §61.93 of this chapter, a flight instructor certificate with an appropriate sport pilot rating and meets the requirements of §61.412 of this chapter.
(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.
(d) 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.
[Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as amended by Amdt. 91-324, 76 FR 54107, Aug. 31, 2011; Amdt. 61-142, 83 FR 30281, June 27, 2018]
§91.111 Operating near other aircraft.
(a) No person may operate an aircraft so close to another aircraft as to create a collision hazard.
(b) No person may operate an aircraft in formation flight except by arrangement with the pilot in command of each aircraft in the formation.
(c) No person may operate an aircraft, carrying passengers for hire, in formation flight.
§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, powered parachute, weight-shift-control aircraft, airplane, or rotorcraft.
(3) An airship has the right-of-way over a powered parachute, weight-shift-control aircraft, 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.
[Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as amended by Amdt. 91-282, 69 FR 44880, July 27, 2004]
§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.
§91.117 Aircraft speed.
(a) Unless otherwise authorized by the Administrator, no person may operate an aircraft below 10,000 feet MSL at an indicated airspeed of more than 250 knots (288 m.p.h.).
(b) Unless otherwise authorized or required by ATC, no person may operate an aircraft at or below 2,500 feet above the surface within 4 nautical miles of the primary airport of a Class C or Class D airspace area at an indicated airspeed of more than 200 knots (230 mph.). This paragraph (b) does not apply to any operations within a Class B airspace area. Such operations shall comply with paragraph (a) of this section.
(c) No person may operate an aircraft in the airspace underlying a Class B airspace area designated for an airport or in a VFR corridor designated through such a Class B airspace area, at an indicated airspeed of more than 200 knots (230 mph).
(d) If the minimum safe airspeed for any particular operation is greater than the maximum speed prescribed in this section, the aircraft may be operated at that minimum speed.
[Doc. No. 18334, 54 FR 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]
§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, powered parachutes, and weight-shift-control aircraft. If the operation is conducted without hazard to persons or property on the surface—
(1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) or (c) of this section, provided each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA; and
(2) A powered parachute or weight-shift-control aircraft may be operated at less than the minimums prescribed in paragraph (c) of this section.
[Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as amended by Amdt. 91-311, 75 FR 5223, Feb. 1, 2010]
§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:
Current altimeter setting |
Lowest usable 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 §§91.119 and 91.177 to the minimum flight level, the pilot shall take the flight level equivalent of the minimum altitude in feet and add the appropriate number of feet specified below, according to the current reported altimeter setting:
Current altimeter setting |
Adjustment 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 |
§91.123 Compliance with ATC clearances and instructions.
(a) When an ATC clearance has been obtained, no pilot in command may deviate from that clearance unless an amended clearance is obtained, an emergency exists, or the deviation is in response to a traffic alert and collision avoidance system resolution advisory. However, except in Class A airspace, a pilot may cancel an IFR flight plan if the operation is being conducted in VFR weather conditions. When a pilot is uncertain of an ATC clearance, that pilot shall immediately request clarification from ATC.
(b) Except in an emergency, no person may operate an aircraft contrary to an ATC instruction in an area in which air traffic control is exercised.
(c) Each pilot in command who, in an emergency, or in response to a traffic alert and collision avoidance system resolution advisory, deviates from an ATC clearance or instruction shall notify ATC of that deviation as soon as possible.
(d) Each pilot in command who (though not deviating from a rule of this subpart) is given priority by ATC in an emergency, shall submit a detailed report of that emergency within 48 hours to the manager of that ATC facility, if requested by ATC.
(e) Unless otherwise authorized by ATC, no person operating an aircraft may operate that aircraft according to any clearance or instruction that has been issued to the pilot of another aircraft for radar air traffic control purposes.
(Approved by the Office of Management and Budget under 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]
§91.125 ATC light signals.
ATC light signals have the meaning shown in the following table:
§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 or a powered parachute 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 §91.185.
[Doc. No. 24458, 56 FR 65658, Dec. 17, 1991, as amended by Amdt. 91-239, 59 FR 11693, Mar. 11, 1994; Amdt. 91-282, 69 FR 44880, July 27, 2004]
§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 §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 §91.185.
[Doc. No. 24458, 56 FR 65658, Dec. 17, 1991, as amended by Amdt. 91-239, 59 FR 11693, Mar. 11, 1994]
§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 §§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 §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. (1) Unless required by the applicable distance-from-cloud criteria, each pilot operating a large or turbine-powered airplane must enter the traffic pattern at an altitude of at least 1,500 feet above the elevation of the airport and maintain at least 1,500 feet until further descent is required for a safe landing.
(2) Each pilot operating a large or turbine-powered airplane approaching to land on a runway served by an instrument approach procedure with vertical guidance, if the airplane is so equipped, must:
(i) Operate that airplane at an altitude at or above the glide path between the published final approach fix and the decision altitude (DA), or decision height (DH), as applicable; or
(ii) If compliance with the applicable distance-from-cloud criteria requires glide path interception closer in, operate that airplane at or above the glide path, between the point of interception of glide path and the DA or the DH.
(3) Each pilot operating an airplane approaching to land on a runway served by a visual approach slope indicator must maintain an altitude at or above the glide path until a lower altitude is necessary for a safe landing.
(4) Paragraphs (e)(2) and (e)(3) of this section do not prohibit normal bracketing maneuvers above or below the glide path that are conducted for the purpose of remaining on the glide path.
(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 §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.
[Doc. No. 24458, 56 FR 65658, Dec. 17, 1991, as amended by Amdt. 91-234, 58 FR 48793, Sept. 20, 1993; Amdt. 91-296, 72 FR 31678, June 7, 2007; 77 FR 28250, May 14, 2012]
§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 §91.129. For the purpose of this section, the primary airport is the airport for which the Class C airspace area is designated. A satellite airport is any other airport within the Class C airspace area.
(b) Traffic patterns. No person may take off or land an aircraft at a satellite airport within a Class C airspace area except in compliance with FAA arrival and departure traffic patterns.
(c) Communications. Each person operating an aircraft in Class C airspace must meet the following two-way radio communications requirements:
(1) Arrival or through flight. Each person must establish two-way radio communications with the ATC facility (including foreign ATC in the case of foreign airspace designated in the United States) providing air traffic services prior to entering that airspace and thereafter maintain those communications while within that airspace.
(2) Departing flight. Each person—
(i) From the primary airport or satellite airport with an operating control tower must establish and maintain two-way radio communications with the control tower, and thereafter as instructed by ATC while operating in the Class C airspace area; or
(ii) From a satellite airport without an operating control tower, must establish and maintain two-way radio communications with the ATC facility having jurisdiction over the Class C airspace area as soon as practicable after departing.
(d) Equipment requirements. Unless otherwise authorized by the ATC having jurisdiction over the Class C airspace area, no person may operate an aircraft within a Class C airspace area designated for an airport unless that aircraft is equipped with the applicable equipment specified in §91.215, and after January 1, 2020, §91.225.
(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; Amdt. 91-314, 75 FR 30193, May 28, 2010]
§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 §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;
(ii) The pilot in command holds a recreational pilot certificate and has met—
(A) The requirements of §61.101(d) of this chapter; or
(B) The requirements for a student pilot seeking a recreational pilot certificate in §61.94 of this chapter;
(iii) The pilot in command holds a sport pilot certificate and has met—
(A) The requirements of §61.325 of this chapter; or
(B) The requirements for a student pilot seeking a recreational pilot certificate in §61.94 of this chapter; or
(iv) The aircraft is operated by a student pilot who has met the requirements of §61.94 or §61.95 of this chapter, as applicable.
(2) Notwithstanding the provisions of paragraphs (b)(1)(ii), (b)(1)(iii) and (b)(1)(iv) of this section, no person may take off or land a civil aircraft at those airports listed in section 4 of appendix D to 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 or an operable and suitable RNAV system; 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) Other equipment requirements. No person may operate an aircraft in a Class B airspace area unless the aircraft is equipped with—
(1) The applicable operating transponder and automatic altitude reporting equipment specified in §91.215 (a), except as provided in §91.215 (e), and
(2) After January 1, 2020, the applicable Automatic Dependent Surveillance-Broadcast Out equipment specified in §91.225.
[Doc. No. 24458, 56 FR 65658, Dec. 17, 1991, as amended by Amdt. 91-282, 69 FR 44880, July 27, 2004; Amdt. 91-296, 72 FR 31678, June 7, 2007; Amdt. 91-314, 75 FR 30193, May 28, 2010]
§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.
§91.135 Operations in Class A airspace.
Except as provided in paragraph (d) of this section, each person operating an aircraft in Class A airspace must conduct that operation under instrument flight rules (IFR) and in compliance with the following:
(a) Clearance. Operations may be conducted only under an ATC clearance received prior to entering the airspace.
(b) Communications. Unless otherwise authorized by ATC, each aircraft operating in Class A airspace must be equipped with a two-way radio capable of communicating with ATC on a frequency assigned by ATC. Each pilot must maintain two-way radio communications with ATC while operating in Class A airspace.
(c) Equipment requirements. 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 §91.215, and after January 1, 2020, §91.225.
(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, as amended by Amdt. 91-314, 75 FR 30193, May 28, 2010]
§91.137 Temporary flight restrictions in the vicinity of disaster/hazard areas.
(a) The Administrator will issue a Notice to Airmen (NOTAM) designating an area within which temporary flight restrictions apply and specifying the hazard or condition requiring their imposition, whenever he determines it is necessary in order to—
(1) Protect persons and property on the surface or in the air from a hazard associated with an incident on the surface;
(2) Provide a safe environment for the operation of disaster relief aircraft; or
(3) Prevent an unsafe congestion of sightseeing and other aircraft above an incident or event which may generate a high degree of public interest.
The Notice to Airmen will specify the hazard or condition that requires the imposition of temporary flight restrictions.
(b) When a NOTAM has been issued under paragraph (a)(1) of this section, no person may operate an aircraft within the designated area unless that aircraft is participating in the hazard relief activities and is being operated under the direction of the official in charge of on scene emergency response activities.
(c) When a NOTAM has been issued under paragraph (a)(2) of this section, no person may operate an aircraft within the designated area unless at least one of the following conditions are met:
(1) The aircraft is participating in hazard relief activities and is being operated under the direction of the official in charge of on scene emergency response activities.
(2) The aircraft is carrying law enforcement officials.
(3) The aircraft is operating under the ATC approved IFR flight plan.
(4) The operation is conducted directly to or from an airport within the area, or is necessitated by the impracticability of VFR flight above or around the area due to weather, or terrain; notification is given to the Flight Service Station (FSS) or ATC facility specified in the NOTAM to receive advisories concerning disaster relief aircraft operations; and the operation does not hamper or endanger relief activities and is not conducted for the purpose of observing the disaster.
(5) The aircraft is carrying properly accredited news representatives, and, prior to entering the area, a flight plan is filed with the appropriate FAA or ATC facility specified in the Notice to Airmen and the operation is conducted above the altitude used by the disaster relief aircraft, unless otherwise authorized by the official in charge of on scene emergency response activities.
(d) When a NOTAM has been issued under paragraph (a)(3) of this section, no person may operate an aircraft within the designated area unless at least one of the following conditions is met:
(1) The operation is conducted directly to or from an airport within the area, or is necessitated by the impracticability of VFR flight above or around the area due to weather or terrain, and the operation is not conducted for the purpose of observing the incident or event.
(2) The aircraft is operating under an ATC approved IFR flight plan.
(3) The aircraft is carrying incident or event personnel, or law enforcement officials.
(4) The aircraft is carrying properly accredited news representatives and, prior to entering that area, a flight plan is filed with the appropriate FSS or ATC facility specified in the NOTAM.
(e) Flight plans filed and notifications made with an FSS or ATC facility under this section shall include the following information:
(1) Aircraft identification, type and color.
(2) Radio communications frequencies to be used.
(3) Proposed times of entry of, and exit from, the designated area.
(4) Name of news media or organization and purpose of flight.
(5) Any other information requested by ATC.
§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 area unless at least one of the following conditions is met:
(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.
(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, as amended by Amdt. 91-270, 66 FR 47377, Sept. 11, 2001]
§91.139 Emergency air traffic rules.
(a) This section prescribes a process for utilizing Notices to Airmen (NOTAMs) to advise of the issuance and operations under emergency air traffic rules and regulations and designates the official who is authorized to issue NOTAMs on behalf of the Administrator in certain matters under this section.
(b) Whenever the Administrator determines that an emergency condition exists, or will exist, relating to the FAA’s ability to operate the air traffic control system and during which normal flight operations under this chapter cannot be conducted consistent with the required levels of safety and efficiency—
(1) The Administrator issues an immediately effective air traffic rule or regulation in response to that emergency condition; and
(2) The Administrator or the Associate Administrator for Air Traffic may utilize the NOTAM system to provide notification of the issuance of the rule or regulation.
Those NOTAMs communicate information concerning the rules and regulations that govern flight operations, the use of navigation facilities, and designation of that airspace in which the rules and regulations apply.
(c) When a NOTAM has been issued under this section, no person may operate an aircraft, or other device governed by the regulation concerned, within the designated airspace except in accordance with the authorizations, terms, and conditions prescribed in the regulation covered by the NOTAM.
§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).
§91.143 Flight limitation in the proximity of space flight operations.
When a Notice to Airmen (NOTAM) is issued in accordance with this section, 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 NOTAM for space flight operation except when authorized by ATC.
[Doc. No. FAA-2004-19246, 69 FR 59753, Oct. 5, 2004]
§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]
§91.145 Management of aircraft operations in the vicinity of aerial demonstrations and major sporting events.
(a) The FAA will issue a Notice to Airmen (NOTAM) designating an area of airspace in which a temporary flight restriction applies when it determines that a temporary flight restriction is necessary to protect persons or property on the surface or in the air, to maintain air safety and efficiency, or to prevent the unsafe congestion of aircraft in the vicinity of an aerial demonstration or major sporting event. These demonstrations and events may include:
(1) United States Naval Flight Demonstration Team (Blue Angels);
(2) United States Air Force Air Demonstration Squadron (Thunderbirds);
(3) United States Army Parachute Team (Golden Knights);
(4) Summer/Winter Olympic Games;
(5) Annual Tournament of Roses Football Game;
(6) World Cup Soccer;
(7) Major League Baseball All-Star Game;
(8) World Series;
(9) Kodak Albuquerque International Balloon Fiesta;
(10) Sandia Classic Hang Gliding Competition;
(11) Indianapolis 500 Mile Race;
(12) Any other aerial demonstration or sporting event the FAA determines to need a temporary flight restriction in accordance with paragraph (b) of this section.
(b) In deciding whether a temporary flight restriction is necessary for an aerial demonstration or major sporting event not listed in paragraph (a) of this section, the FAA considers the following factors:
(1) Area where the event will be held.
(2) Effect flight restrictions will have on known aircraft operations.
(3) Any existing ATC airspace traffic management restrictions.
(4) Estimated duration of the event.
(5) Degree of public interest.
(6) Number of spectators.
(7) Provisions for spectator safety.
(8) Number and types of participating aircraft.
(9) Use of mixed high and low performance aircraft.
(10) Impact on non-participating aircraft.
(11) Weather minimums.
(12) Emergency procedures that will be in effect.
(c) A NOTAM issued under this section will state the name of the aerial demonstration or sporting event and specify the effective dates and times, the geographic features or coordinates, and any other restrictions or procedures governing flight operations in the designated airspace.
(d) When a NOTAM has been issued in accordance with this section, no person may operate an aircraft or device, or engage in any activity within the designated airspace area, except in accordance with the authorizations, terms, and conditions of the temporary flight restriction published in the NOTAM, unless otherwise authorized by:
(1) Air traffic control; or
(2) A Flight Standards Certificate of Waiver or Authorization issued for the demonstration or event.
(e) For the purpose of this section:
(1) Flight restricted airspace area for an aerial demonstration—The amount of airspace needed to protect persons and property on the surface or in the air, to maintain air safety and efficiency, or to prevent the unsafe congestion of aircraft will vary depending on the aerial demonstration and the factors listed in paragraph (b) of this section. The restricted airspace area will normally be limited to a 5 nautical mile radius from the center of the demonstration and an altitude 17000 mean sea level (for high performance aircraft) or 13000 feet above the surface (for certain parachute operations), but will be no greater than the minimum airspace necessary for the management of aircraft operations in the vicinity of the specified area.
(2) Flight restricted area for a major sporting event—The amount of airspace needed to protect persons and property on the surface or in the air, to maintain air safety and efficiency, or to prevent the unsafe congestion of aircraft will vary depending on the size of the event and the factors listed in paragraph (b) of this section. The restricted airspace will normally be limited to a 3 nautical mile radius from the center of the event and 2500 feet above the surface but will not be greater than the minimum airspace necessary for the management of aircraft operations in the vicinity of the specified area.
(f) A NOTAM issued under this section will be issued at least 30 days in advance of an aerial demonstration or a major sporting event, unless the FAA finds good cause for a shorter period and explains this in the NOTAM.
(g) When warranted, the FAA Administrator may exclude the following flights from the provisions of this section:
(1) Essential military.
(2) Medical and rescue.
(3) Presidential and Vice Presidential.
(4) Visiting heads of state.
(5) Law enforcement and security.
(6) Public health and welfare.
[Doc. No. FAA-2000-8274, 66 FR 47378, Sept. 11, 2001]
§91.146 Passenger-carrying flights for the benefit of a charitable, nonprofit, or community event.
(a) Definitions. For purposes of this section, the following definitions apply:
Charitable event means an event that raises funds for the benefit of a charitable organization recognized by the Department of the Treasury whose donors may deduct contributions under section 170 of the Internal Revenue Code (26 U.S.C. Section 170).
Community event means an event that raises funds for the benefit of any local or community cause that is not a charitable event or non-profit event.
Non-profit event means an event that raises funds for the benefit of a non-profit organization recognized under State or Federal law, as long as one of the organization’s purposes is the promotion of aviation safety.
(b) Passenger carrying flights for the benefit of a charitable, nonprofit, or community event identified in paragraph (c) of this section are not subject to the certification requirements of part 119 or the drug and alcohol testing requirements in part 120 of this chapter, provided the following conditions are satisfied and the limitations in paragraphs (c) and (d) are not exceeded:
(1) The flight is nonstop and begins and ends at the same airport and is conducted within a 25-statute mile radius of that airport;
(2) The flight is conducted from a public airport that is adequate for the airplane or helicopter used, or from another location the FAA approves for the operation;
(3) The airplane or helicopter has a maximum of 30 seats, excluding each crewmember seat, and a maximum payload capacity of 7,500 pounds;
(4) The flight is not an aerobatic or a formation flight;
(5) Each airplane or helicopter holds a standard airworthiness certificate, is airworthy, and is operated in compliance with the applicable requirements of subpart E of this part;
(6) Each flight is made during day VFR conditions;
(7) Reimbursement of the operator of the airplane or helicopter is limited to that portion of the passenger payment for the flight that does not exceed the pro rata cost of owning, operating, and maintaining the aircraft for that flight, which may include fuel, oil, airport expenditures, and rental fees;
(8) The beneficiary of the funds raised is not in the business of transportation by air;
(9) A private pilot acting as pilot in command has at least 500 hours of flight time;
(10) Each flight is conducted in accordance with the safety provisions of part 136, subpart A of this chapter; and
(11) Flights are not conducted over a national park, unit of a national park, or abutting tribal lands, unless the operator has secured a letter of agreement from the FAA, as specified under subpart B of part 136 of this chapter, and is operating in accordance with that agreement during the flights.
(c) (1) Passenger-carrying flights or series of flights are limited to a total of four charitable events or non-profit events per year, with no event lasting more than three consecutive days.
(2) Passenger-carrying flights or series of flights are limited to one community event per year, with no event lasting more than three consecutive days.
(d) Pilots and sponsors of events described in this section are limited to no more than 4 events per calendar year.
(e) At least seven days before the event, each sponsor of an event described in this section must furnish to the responsible Flight Standards office for the area where the event is scheduled:
(1) A signed letter detailing the name of the sponsor, the purpose of the event, the date and time of the event, the location of the event, all prior events under this section participated in by the sponsor in the current calendar year;
(2) A photocopy of each pilot in command’s pilot certificate, medical certificate, and logbook entries that show the pilot is current in accordance with §§61.56 and 61.57 of this chapter and that any private pilot has at least 500 hours of flight time; and
(3) A signed statement from each pilot that lists all prior events under this section in which the pilot has participated during the current calendar year.
[Doc. No. FAA-1998-4521, 72 FR 6910, Feb. 13, 2007, as amended by Amdt. 91-308, 74 FR 32804, July 9, 2009; Docket FAA-2018-0119, Amdt. 91-350, 83 FR 9171, Mar. 5, 2018]
§91.147 Passenger carrying flights for compensation or hire.
Each Operator conducting passenger-carrying flights for compensation or hire must meet the following requirements unless all flights are conducted under §91.146.
(a) For the purposes of this section and for drug and alcohol testing, Operator means any person conducting nonstop passenger-carrying flights in an airplane or helicopter for compensation or hire in accordance with §§119.1(e)(2), 135.1(a)(5), or 121.1(d), of this chapter that begin and end at the same airport and are conducted within a 25-statute mile radius of that airport.
(b) An Operator must comply with the safety provisions of part 136, subpart A of this chapter, and apply for and receive a Letter of Authorization from the responsible Flight Standards office.
(c) Each application for a Letter of Authorization must include the following information:
(1) Name of Operator, agent, and any d/b/a (doing-business-as) under which that Operator does business;
(2) Principal business address and mailing address;
(3) Principal place of business (if different from business address);
(4) Name of person responsible for management of the business;
(5) Name of person responsible for aircraft maintenance;
(6) Type of aircraft, registration number(s), and make/model/series; and
(7) An Antidrug and Alcohol Misuse Prevention Program registration.
(d) The Operator must register and implement its drug and alcohol testing programs in accordance with part 120 of this chapter.
(e) The Operator must comply with the provisions of the Letter of Authorization received.
[Doc. No. FAA-1998-4521, 72 FR 6911, Feb. 13, 2007, as amended by Amdt. 91-307, 74 FR 22652, May 14, 2009; Amdt. 91-320, 76 FR 8893, Feb. 16, 2011; Docket FAA-2018-0119, Amdt. 91-350, 83 FR 9171, Mar. 5, 2018]
§§91.148-91.149 [Reserved]
VISUAL FLIGHT RULES
§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.
§91.153 VFR flight plan: Information required.
(a) Information required. Unless otherwise authorized by ATC, each person filing a VFR flight plan shall include in it the following information:
(1) The aircraft identification number and, if necessary, its radio call sign.
(2) The type of the aircraft or, in the case of a formation flight, the type of each aircraft and the number of aircraft in the formation.
(3) The full name and address of the pilot in command or, in the case of a formation flight, the formation commander.
(4) The point and proposed time of departure.
(5) The proposed route, cruising altitude (or flight level), and true airspeed at that altitude.
(6) The point of first intended landing and the estimated elapsed time until over that point.
(7) The amount of fuel on board (in hours).
(8) The number of persons in the aircraft, except where that information is otherwise readily available to the FAA.
(9) Any other information the pilot in command or ATC believes is necessary for ATC purposes.
(b) Cancellation. When a flight plan has been activated, the pilot in command, upon canceling or completing the flight under the flight plan, shall notify an FAA Flight Service Station or ATC facility.
§91.155 Basic VFR weather minimums.
(a) Except as provided in paragraph (b) of this section and §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:
(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 in an airport traffic pattern within ½ mile of the runway or helipad of intended landing if the flight visibility is not less than ½ statute mile.
(2) Airplane, powered parachute, or weight-shift-control aircraft. If the visibility is less than 3 statute miles but not less than 1 statute mile during night hours and you are operating in an airport traffic pattern within ½ mile of the runway, you may operate an airplane, powered parachute, or weight-shift-control aircraft clear of clouds.
(c) Except as provided in §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 §91.157 of this part, no person may take off or land an aircraft, or enter the traffic pattern of an airport, under VFR, within the lateral boundaries of the surface areas of Class B, Class C, Class D, or Class E airspace designated for an airport—
(1) Unless ground visibility at that airport is at least 3 statute miles; or
(2) If ground visibility is not reported at that airport, unless flight visibility during landing or takeoff, or while operating in the traffic pattern is at least 3 statute miles.
(e) For the purpose of this section, an aircraft operating at the base altitude of a Class E airspace area is considered to be within the airspace directly below that area.
[Doc. No. 24458, 56 FR 65660, Dec. 17, 1991, as amended by Amdt. 91-235, 58 FR 51968, Oct. 5, 1993; Amdt. 91-282, 69 FR 44880, July 27, 2004; Amdt. 91-330, 79 FR 9972, Feb. 21, 2014; Amdt. 91-330A, 79 FR 41125, July 15, 2014]
§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 §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 §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. For the purposes of this paragraph, the term flight visibility includes the visibility from the cockpit of an aircraft in takeoff position if:
(i) The flight is conducted under this part 91; and
(ii) The airport at which the aircraft is located is a satellite airport that does not have weather reporting capabilities.
(d) The determination of visibility by a pilot in accordance with paragraph (c)(2) of this section is not an official weather report or an official ground visibility report.
[Amdt. 91-235, 58 FR 51968, Oct. 5, 1993, as amended by Amdt. 91-247, 60 FR 66874, Dec. 27, 1995; Amdt. 91-262, 65 FR 16116, Mar. 24, 2000]
§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, maintain the altitude or flight level assigned by ATC.
[Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as amended by Amdt. 91-276, 68 FR 61321, Oct. 27, 2003; 68 FR 70133, Dec. 17, 2003]
§91.161 Special awareness training required for pilots flying under visual flight rules within a 60-nautical mile radius of the Washington, DC VOR/DME.
(a) Operations within a 60-nautical mile radius of the Washington, DC VOR/DME under visual flight rules (VFR). Except as provided under paragraph (e) of this section, no person may serve as a pilot in command or as second in command of an aircraft while flying within a 60-nautical mile radius of the DCA VOR/DME, under VFR, unless that pilot has completed Special Awareness Training and holds a certificate of training completion.
(b) Special Awareness Training. The Special Awareness Training consists of information to educate pilots about the procedures for flying in the Washington, DC area and, more generally, in other types of special use airspace. This free training is available on the FAA’s Web site. Upon completion of the training, each person will need to print out a copy of the certificate of training completion.
(c) Inspection of certificate of training completion. Each person who holds a certificate for completing the Special Awareness Training must present it for inspection upon request from:
(1) An authorized representative of the FAA;
(2) An authorized representative of the National Transportation Safety Board;
(3) Any Federal, State, or local law enforcement officer; or
(4) An authorized representative of the Transportation Security Administration.
(d) Emergency declared. The failure to complete the Special Awareness Training course on flying in and around the Washington, DC Metropolitan Area is not a violation of this section if an emergency is declared by the pilot, as described under §91.3(b), or there was a failure of two-way radio communications when operating under IFR as described under §91.185.
(e) Exceptions. The requirements of this section do not apply if the flight is being performed in an aircraft of an air ambulance operator certificated to conduct part 135 operations under this chapter, the U.S. Armed Forces, or a law enforcement agency.
[Doc. No. FAA-2006-25250, 73 FR 46803, Aug. 12, 2008]
§§91.162-91.165 [Reserved]
INSTRUMENT FLIGHT RULES
§91.167 Fuel requirements for flight in IFR conditions.
(a) 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) Except as provided in paragraph (b) of this section, 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 to, or a special instrument approach procedure has been issued by the Administrator to the operator for, the first airport of intended landing; and
(2) Appropriate weather reports or weather forecasts, or a combination of them, indicate the following:
(i) For aircraft other than helicopters. For at least 1 hour before and for 1 hour after the estimated time of arrival, the ceiling will be at least 2,000 feet above the airport elevation and the visibility will be at least 3 statute miles.
(ii) For helicopters. At the estimated time of arrival and for 1 hour after the estimated time of arrival, the ceiling will be at least 1,000 feet above the airport elevation, or at least 400 feet above the lowest applicable approach minima, whichever is higher, and the visibility will be at least 2 statute miles.
[Doc. No. 98-4390, 65 FR 3546, Jan. 21, 2000]
§91.169 IFR flight plan: Information required.
(a) Information required. Unless otherwise authorized by ATC, each person filing an IFR flight plan must include in it the following information:
(1) Information required under §91.153 (a) of this part;
(2) Except as provided in paragraph (b) of this section, an alternate airport.
(b) Paragraph (a)(2) of this section does not apply if:
(1) Part 97 of this chapter prescribes a standard instrument approach procedure to, or a special instrument approach procedure has been issued by the Administrator to the operator for, the first airport of intended landing; and
(2) Appropriate weather reports or weather forecasts, or a combination of them, indicate the following:
(i) For aircraft other than helicopters. For at least 1 hour before and for 1 hour after the estimated time of arrival, the ceiling will be at least 2,000 feet above the airport elevation and the visibility will be at least 3 statute miles.
(ii) For helicopters. At the estimated time of arrival and for 1 hour after the estimated time of arrival, the ceiling will be at least 1,000 feet above the airport elevation, or at least 400 feet above the lowest applicable approach minima, whichever is higher, and the visibility will be at least 2 statute miles.
(c) IFR alternate airport weather minima. Unless otherwise authorized by the Administrator, no person may include an alternate airport in an IFR flight plan unless appropriate weather reports or weather forecasts, or a combination of them, 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 weather minima:
(1) If an instrument approach procedure has been published in part 97 of this chapter, or a special instrument approach procedure has been issued by the Administrator to the operator, for that airport, the following minima:
(i) For aircraft other than helicopters: The alternate airport minima specified in that procedure, or if none are specified the following standard approach minima:
(A) For a precision approach procedure. Ceiling 600 feet and visibility 2 statute miles.
(B) For a nonprecision approach procedure. Ceiling 800 feet and visibility 2 statute miles.
(ii) For helicopters: Ceiling 200 feet above the minimum for the approach to be flown, and visibility at least 1 statute mile but never less than the minimum visibility for the approach to be flown, and
(2) If no instrument approach procedure has been published in part 97 of this chapter and no special instrument approach procedure has been issued by the Administrator to the operator, for the alternate airport, the ceiling and visibility minima 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.
[Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as amended by Amdt. 91-259, 65 FR 3546, Jan. 21, 2000]
§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 Administrator or, outside the United States, by an appropriate authority (the maximum permissible bearing error is plus or minus 6 degrees); or
(4) If no check signal or point is available, while in flight—
(i) Select a VOR radial that lies along the centerline of an established VOR airway;
(ii) Select a prominent ground point along the selected radial preferably more than 20 nautical miles from the VOR ground facility and maneuver the aircraft directly over the point at a reasonably low altitude; and
(iii) Note the VOR bearing indicated by the receiver when over the ground point (the maximum permissible variation between the published radial and the indicated bearing is 6 degrees).
(c) If dual system VOR (units independent of each other except for the antenna) is installed in the aircraft, the person checking the equipment may check one system against the other in place of the check procedures specified in paragraph (b) of this section. Both systems shall be tuned to the same VOR ground facility and note the indicated bearings to that station. The maximum permissible variation between the two indicated bearings is 4 degrees.
(d) Each person making the VOR operational check, as specified in paragraph (b) or (c) of this section, shall enter the date, place, bearing error, and sign the aircraft log or other record. In addition, if a test signal radiated by a repair station, as specified in paragraph (b)(1) of this section, is used, an entry must be made in the aircraft log or other record by the repair station certificate holder or the certificate holder’s representative certifying to the bearing transmitted by the repair station for the check and the date of transmission.
(Approved by the Office of Management and Budget under control number 2120-0005)
§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.
§91.175 Takeoff and landing under IFR.
(a) Instrument approaches to civil airports. Unless otherwise authorized by the FAA, when it is necessary to use an instrument approach to a civil airport, each person operating an aircraft must use a standard instrument approach procedure prescribed in part 97 of this chapter for that airport. This paragraph does not apply to United States military aircraft.
(b) Authorized DA/DH or MDA. For the purpose of this section, when the approach procedure being used provides for and requires the use of a DA/DH or MDA, the authorized DA/DH or MDA is the highest of the following:
(1) The DA/DH or MDA prescribed by the approach procedure.
(2) The DA/DH or MDA prescribed for the pilot in command.
(3) The DA/DH or MDA appropriate for the aircraft equipment available and used during the approach.
(c) Operation below DA/DH or MDA. Except as provided in §91.176 of this chapter, where a DA/DH or MDA is applicable, no pilot may operate an aircraft, except a military aircraft of the United States, below the authorized MDA or continue an approach below the authorized DA/DH unless—
(1) The aircraft is continuously in a position from which a descent to a landing on the intended runway can be made at a normal rate of descent using normal maneuvers, and for operations conducted under part 121 or part 135 unless that descent rate will allow touchdown to occur within the touchdown zone of the runway of intended landing;
(2) The flight visibility is not less than the visibility prescribed in the standard instrument approach being used; and
(3) Except for a Category II or Category III approach where any necessary visual reference requirements are specified by the Administrator, at least one of the following visual references for the intended runway is distinctly visible and identifiable to the pilot:
(i) The approach light system, except that the pilot may not descend below 100 feet above the touchdown zone elevation using the approach lights as a reference unless the red terminating bars or the red side row bars are also distinctly visible and identifiable.
(ii) The threshold.
(iii) The threshold markings.
(iv) The threshold lights.
(v) The runway end identifier lights.
(vi) The visual glideslope 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—
(1) For operations conducted under §91.176 of this part, the requirements of paragraphs (a)(3)(iii) or (b)(3)(iii), as applicable, of that section are not met; or
(2) For all other operations under this part and parts 121, 125, 129, and 135, 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 operating an aircraft pursuant to paragraph (c) of this section or §91.176 of this part, and the requirements of that paragraph or 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 DA/DH where a DA/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. This paragraph applies to persons operating an aircraft under part 121, 125, 129, or 135 of this chapter.
(1) Unless otherwise authorized by the FAA, no pilot may takeoff from a civil airport under IFR unless the weather conditions at time of takeoff are at or above the weather minimums for IFR takeoff prescribed for that airport under part 97 of this chapter.
(2) If takeoff weather minimums are not prescribed under part 97 of this chapter for a particular airport, the following weather minimums apply to takeoffs under IFR:
(i) For aircraft, other than helicopters, having two engines or less—1 statute mile visibility.
(ii) For aircraft having more than two engines— ½ statute mile visibility.
(iii) For helicopters— ½ statute mile visibility.
(3) Except as provided in paragraph (f)(4) of this section, no pilot may takeoff under IFR from a civil airport having published obstacle departure procedures (ODPs) under part 97 of this chapter for the takeoff runway to be used, unless the pilot uses such ODPs or an alternative procedure or route assigned by air traffic control.
(4) Notwithstanding the requirements of paragraph (f)(3) of this section, no pilot may takeoff from an airport under IFR unless:
(i) For part 121 and part 135 operators, the pilot uses a takeoff obstacle clearance or avoidance procedure that ensures compliance with the applicable airplane performance operating limitations requirements under part 121, subpart I or part 135, subpart I for takeoff at that airport; or
(ii) For part 129 operators, the pilot uses a takeoff obstacle clearance or avoidance procedure that ensures compliance with the airplane performance operating limitations prescribed by the State of the operator for takeoff at that airport.
(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)
RVR (feet) |
Visibility (statute miles) |
1,600 |
¼ |
2,400 |
½ |
3,200 |
⅝ |
4,000 |
¾ |
4,500 |
⅞ |
5,000 |
1 |
6,000 |
1¼ |
(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 §91.177, maintain the last altitude assigned to that pilot until the aircraft is established on a segment of a published route or instrument approach procedure unless a different altitude is assigned by ATC. After the aircraft is so established, published altitudes apply to descent within each succeeding route or approach segment unless a different altitude is assigned by ATC. Upon reaching the final approach course or fix, the pilot may either complete the instrument approach in accordance with a procedure approved for the facility or continue a surveillance or precision radar approach to a landing.
(j) Limitation on procedure turns. In the case of a radar vector to a final approach course or fix, a timed approach from a holding fix, or an approach for which the procedure specifies “No PT,” no pilot may make a procedure turn unless cleared to do so by ATC.
(k) ILS components. The basic components of an ILS are the localizer, glide slope, and outer marker, and, when installed for use with Category II or Category III instrument approach procedures, an inner marker. The following means may be used to substitute for the outer marker: Compass locator; precision approach radar (PAR) or airport surveillance radar (ASR); DME, VOR, or nondirectional beacon fixes authorized in the standard instrument approach procedure; or a suitable RNAV system in conjunction with a fix identified in the standard instrument approach procedure. Applicability of, and substitution for, the inner marker for a Category II or III approach is determined by the appropriate 14 CFR part 97 approach procedure, letter of authorization, or operations specifications issued to an operator.
[Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as amended by Amdt. 91-267, 66 FR 21066, Apr. 27, 2001; Amdt. 91-281, 69 FR 1640, Jan. 9, 2004; Amdt. 91-296, 72 FR 31678, June 7, 2007; Amdt. 91-306, 74 FR 20205, May 1, 2009; Docket FAA-2013-0485, Amdt. 91-345, 81 FR 90172, Dec. 13, 2016; Amdt. 91-345B, 83 FR 10568, Mar. 12, 2018]
§91.176 Straight-in landing operations below DA/DH or MDA using an enhanced flight vision system (EFVS) under IFR.
(a) EFVS operations to touchdown and rollout. Unless otherwise authorized by the Administrator to use an MDA as a DA/DH with vertical navigation on an instrument approach procedure, or unless paragraph (d) of this section applies, no person may conduct an EFVS operation in an aircraft, except a military aircraft of the United States, at any airport below the authorized DA/DH to touchdown and rollout unless the minimums used for the particular approach procedure being flown include a DA or DH, and the following requirements are met:
(1) Equipment. (i) The aircraft must be equipped with an operable EFVS that meets the applicable airworthiness requirements. The EFVS must:
(A) Have an electronic means to provide a display of the forward external scene topography (the applicable natural or manmade features of a place or region especially in a way to show their relative positions and elevation) through the use of imaging sensors, including but not limited to forward-looking infrared, millimeter wave radiometry, millimeter wave radar, or low-light level image intensification.
(B) Present EFVS sensor imagery, aircraft flight information, and flight symbology on a head up display, or an equivalent display, so that the imagery, information and symbology are clearly visible to the pilot flying in his or her normal position with the line of vision looking forward along the flight path. Aircraft flight information and flight symbology must consist of at least airspeed, vertical speed, aircraft attitude, heading, altitude, height above ground level such as that provided by a radio altimeter or other device capable of providing equivalent performance, command guidance as appropriate for the approach to be flown, path deviation indications, flight path vector, and flight path angle reference cue. Additionally, for aircraft other than rotorcraft, the EFVS must display flare prompt or flare guidance.
(C) Present the displayed EFVS sensor imagery, attitude symbology, flight path vector, and flight path angle reference cue, and other cues, which are referenced to the EFVS sensor imagery and external scene topography, so that they are aligned with, and scaled to, the external view.
(D) Display the flight path angle reference cue with a pitch scale. The flight path angle reference cue must be selectable by the pilot to the desired descent angle for the approach and be sufficient to monitor the vertical flight path of the aircraft.
(E) Display the EFVS sensor imagery, aircraft flight information, and flight symbology such that they do not adversely obscure the pilot’s outside view or field of view through the cockpit window.
(F) Have display characteristics, dynamics, and cues that are suitable for manual control of the aircraft to touchdown in the touchdown zone of the runway of intended landing and during rollout.
(ii) When a minimum flightcrew of more than one pilot is required, the aircraft must be equipped with a display that provides the pilot monitoring with EFVS sensor imagery. Any symbology displayed may not adversely obscure the sensor imagery of the runway environment.
(2) Operations. (i) The pilot conducting the EFVS operation may not use circling minimums.
(ii) Each required pilot flightcrew member must have adequate knowledge of, and familiarity with, the aircraft, the EFVS, and the procedures to be used.
(iii) The aircraft must be equipped with, and the pilot flying must use, an operable EFVS that meets the equipment requirements of paragraph (a)(1) of this section.
(iv) When a minimum flightcrew of more than one pilot is required, the pilot monitoring must use the display specified in paragraph (a)(1)(ii) to monitor and assess the safe conduct of the approach, landing, and rollout.
(v) The aircraft must continuously be 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.
(vi) The descent rate must allow touchdown to occur within the touchdown zone of the runway of intended landing.
(vii) Each required pilot flightcrew member must meet the following requirements—
(A) A person exercising the privileges of a pilot certificate issued under this chapter, any person serving as a required pilot flightcrew member of a U.S.-registered aircraft, or any person serving as a required pilot flightcrew member for a part 121, 125, or 135 operator, must be qualified in accordance with part 61 and, as applicable, the training, testing, and qualification provisions of subpart K of this part, part 121, 125, or 135 of this chapter that apply to the operation; or
(B) Each person acting as a required pilot flightcrew member for a foreign air carrier subject to part 129, or any person serving as a required pilot flightcrew member of a foreign registered aircraft, must be qualified in accordance with the training requirements of the civil aviation authority of the State of the operator for the EFVS operation to be conducted.
(viii) A person conducting operations under this part must conduct the operation in accordance with a letter of authorization for the use of EFVS unless the operation is conducted in an aircraft that has been issued an experimental certificate under §21.191 of this chapter for the purpose of research and development or showing compliance with regulations, or the operation is being conducted by a person otherwise authorized to conduct EFVS operations under paragraphs (a)(2)(ix) through (xii) of this section. A person applying to the FAA for a letter of authorization must submit an application in a form and manner prescribed by the Administrator.
(ix) A person conducting operations under subpart K of this part must conduct the operation in accordance with management specifications authorizing the use of EFVS.
(x) A person conducting operations under part 121, 129, or 135 of this chapter must conduct the operation in accordance with operations specifications authorizing the use of EFVS.
(xi) A person conducting operations under part 125 of this chapter must conduct the operation in accordance with operations specifications authorizing the use of EFVS or, for a holder of a part 125 letter of deviation authority, a letter of authorization for the use of EFVS.
(xii) A person conducting an EFVS operation during an authorized Category II or Category III operation must conduct the operation in accordance with operations specifications, management specifications, or a letter of authorization authorizing EFVS operations during authorized Category II or Category III operations.
(3) Visibility and visual reference requirements. No pilot operating under this section or §§121.651, 125.381, or 135.225 of this chapter may continue an approach below the authorized DA/DH and land unless:
(i) The pilot determines that the enhanced flight visibility observed by use of an EFVS is not less than the visibility prescribed in the instrument approach procedure being used.
(ii) From the authorized DA/DH to 100 feet above the touchdown zone elevation of the runway of intended landing, any approach light system or both the runway threshold and the touchdown zone are distinctly visible and identifiable to the pilot using an EFVS.
(A) The pilot must identify the runway threshold using at least one of the following visual references—
(1) The beginning of the runway landing surface;
(2) The threshold lights; or
(3) The runway end identifier lights.
(B) The pilot must identify the touchdown zone using at least one of the following visual references—
(1) The runway touchdown zone landing surface;
(2) The touchdown zone lights;
(3) The touchdown zone markings; or
(4) The runway lights.
(iii) At 100 feet above the touchdown zone elevation of the runway of intended landing and below that altitude, the enhanced flight visibility using EFVS must be sufficient for one of the following visual references to be distinctly visible and identifiable to the pilot—
(A) The runway threshold;
(B) The lights or markings of the threshold;
(C) The runway touchdown zone landing surface; or
(D) The lights or markings of the touchdown zone.
(4) Additional requirements. The Administrator may prescribe additional equipment, operational, and visibility and visual reference requirements to account for specific equipment characteristics, operational procedures, or approach characteristics. These requirements will be specified in an operator’s operations specifications, management specifications, or letter of authorization authorizing the use of EFVS.
(b) EFVS operations to 100 feet above the touchdown zone elevation. Except as specified in paragraph (d) of this section, no person may conduct an EFVS operation in an aircraft, except a military aircraft of the United States, at any airport below the authorized DA/DH or MDA to 100 feet above the touchdown zone elevation unless the following requirements are met:
(1) Equipment. (i) The aircraft must be equipped with an operable EFVS that meets the applicable airworthiness requirements.
(ii) The EFVS must meet the requirements of paragraph (a)(1)(i)(A) through (F) of this section, but need not present flare prompt, flare guidance, or height above ground level.
(2) Operations. (i) The pilot conducting the EFVS operation may not use circling minimums.
(ii) Each required pilot flightcrew member must have adequate knowledge of, and familiarity with, the aircraft, the EFVS, and the procedures to be used.
(iii) The aircraft must be equipped with, and the pilot flying must use, an operable EFVS that meets the equipment requirements of paragraph (b)(1) of this section.
(iv) The aircraft must continuously be 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.
(v) For operations conducted under part 121 or part 135 of this chapter, the descent rate must allow touchdown to occur within the touchdown zone of the runway of intended landing.
(vi) Each required pilot flightcrew member must meet the following requirements—
(A) A person exercising the privileges of a pilot certificate issued under this chapter, any person serving as a required pilot flightcrew member of a U.S.-registered aircraft, or any person serving as a required pilot flightcrew member for a part 121, 125, or 135 operator, must be qualified in accordance with part 61 and, as applicable, the training, testing, and qualification provisions of subpart K of this part, part 121, 125, or 135 of this chapter that apply to the operation; or
(B) Each person acting as a required pilot flightcrew member for a foreign air carrier subject to part 129, or any person serving as a required pilot flightcrew member of a foreign registered aircraft, must be qualified in accordance with the training requirements of the civil aviation authority of the State of the operator for the EFVS operation to be conducted.
(vii) A person conducting operations under subpart K of this part must conduct the operation in accordance with management specifications authorizing the use of EFVS.
(viii) A person conducting operations under part 121, 129, or 135 of this chapter must conduct the operation in accordance with operations specifications authorizing the use of EFVS.
(ix) A person conducting operations under part 125 of this chapter must conduct the operation in accordance with operations specifications authorizing the use of EFVS or, for a holder of a part 125 letter of deviation authority, a letter of authorization for the use of EFVS.
(x) A person conducting an EFVS operation during an authorized Category II or Category III operation must conduct the operation in accordance with operations specifications, management specifications, or a letter of authorization authorizing EFVS operations during authorized Category II or Category III operations.
(3) Visibility and Visual Reference Requirements. No pilot operating under this section or §121.651, §125.381, or §135.225 of this chapter may continue an approach below the authorized MDA or continue an approach below the authorized DA/DH and land unless:
(i) The pilot determines that the enhanced flight visibility observed by use of an EFVS is not less than the visibility prescribed in the instrument approach procedure being used.
(ii) From the authorized MDA or DA/DH to 100 feet above the touchdown zone elevation of the runway of intended landing, any approach light system or both the runway threshold and the touchdown zone are distinctly visible and identifiable to the pilot using an EFVS.
(A) The pilot must identify the runway threshold using at least one of the following visual references-
(1) The beginning of the runway landing surface;
(2) The threshold lights; or
(3) The runway end identifier lights.
(B) The pilot must identify the touchdown zone using at least one of the following visual references—
(1) The runway touchdown zone landing surface;
(2) The touchdown zone lights;
(3) The touchdown zone markings; or
(4) The runway lights.
(iii) At 100 feet above the touchdown zone elevation of the runway of intended landing and below that altitude, the flight visibility must be sufficient for one of the following visual references to be distinctly visible and identifiable to the pilot without reliance on the EFVS—
(A) The runway threshold;
(B) The lights or markings of the threshold;
(C) The runway touchdown zone landing surface; or
(D) The lights or markings of the touchdown zone.
(4) Compliance Date. Beginning on March 13, 2018, a person conducting an EFVS operation to 100 feet above the touchdown zone elevation must comply with the requirements of paragraph (b) of this section.
(c) Public aircraft certification and training requirements. A public aircraft operator, other than the U.S. military, may conduct an EFVS operation under paragraph (a) or (b) of this section only if:
(1) The aircraft meets all of the civil certification and airworthiness requirements of paragraph (a)(1) or (b)(1) of this section, as applicable to the EFVS operation to be conducted; and
(2) The pilot flightcrew member, or any other person who manipulates the controls of an aircraft during an EFVS operation, meets the training, recent flight experience and refresher training requirements of §61.66 of this chapter applicable to EFVS operations.
(d) Exception for Experimental Aircraft. The requirement to use an EFVS that meets the applicable airworthiness requirements specified in paragraphs (a)(1)(i), (a)(2)(iii), (b)(1)(i), and (b)(2)(iii) of this section does not apply to operations conducted in an aircraft issued an experimental certificate under §21.191 of this chapter for the purpose of research and development or showing compliance with regulations, provided the Administrator has determined that the operations can be conducted safely in accordance with operating limitations issued for that purpose.
[Docket FAA-2013-0485, Amdt. 91-345, 81 FR 90172, Dec. 13, 2016; 82 FR 2193, Jan. 9, 2017]