title-14-part-91-sec91-135

697

Federal Aviation Administration, DOT

§ 91.135

§ 91.131

Operations in Class B air-

space.

(a)

Operating rules. No person may op-

erate an aircraft within a Class B air-
space 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 oper-
ating an aircraft in that area.

(2) Unless otherwise authorized by

ATC, each person operating a large tur-
bine engine-powered airplane to or
from a primary airport for which a
Class B airspace area is designated
must operate at or above the des-
ignated 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 with-
in 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 cer-
tificate 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 cer-
tificate in § 61.94 of this chapter; or

(iv) The aircraft is operated by a stu-

dent pilot who has met the require-
ments 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 com-
mand holds at least a private pilot cer-
tificate.

(c)

Communications and navigation

equipment requirements. Unless other-
wise 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 communica-
tions with ATC on appropriate fre-
quencies for that Class B airspace area.

(d)

Other equipment requirements. No

person may operate an aircraft in a
Class B airspace area unless the air-
craft is equipped with—

(1) The applicable operating trans-

ponder and automatic altitude report-
ing equipment specified in § 91.215 (a),
except as provided in § 91.215 (e), and

(2) After January 1, 2020, the applica-

ble 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 oper-
ations for which the restricted area
was designated may deviate from the
rules of this subpart that are not com-
patible with the operation of the air-
craft.

§ 91.135

Operations in Class A air-

space.

Except as provided in paragraph (d)

of this section, each person operating
an aircraft in Class A airspace must
conduct that operation under instru-
ment flight rules (IFR) and in compli-
ance with the following:

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14 CFR Ch. I (1–1–24 Edition)

§ 91.137

(a)

Clearance. Operations may be con-

ducted only under an ATC clearance re-
ceived prior to entering the airspace.

(b)

Communications. Unless otherwise

authorized by ATC, each aircraft oper-
ating in Class A airspace must be
equipped with a two-way radio capable
of communicating with ATC on a fre-
quency assigned by ATC. Each pilot
must maintain two-way radio commu-
nications with ATC while operating in
Class A airspace.

(c)

Equipment requirements. Unless

otherwise authorized by ATC, no per-
son may operate an aircraft within
Class A airspace unless that aircraft is
equipped with the applicable equip-
ment specified in § 91.215, and after Jan-
uary 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 facil-
ity having jurisdiction of the airspace
concerned. In the case of an inoper-
ative transponder, ATC may imme-
diately approve an operation within a
Class A airspace area allowing flight to
continue, if desired, to the airport of
ultimate destination, including any in-
termediate 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 con-
tinuing 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) desig-
nating 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 sur-
face;

(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 restric-
tions.

(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.

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 op-
erated under the direction of the offi-
cial in charge of on scene emergency
response activities.

(2) The aircraft is carrying law en-

forcement officials.

(3) The aircraft is operating under

the ATC approved IFR flight plan.

(4) The operation is conducted di-

rectly to or from an airport within the
area, or is necessitated by the imprac-
ticability of VFR flight above or
around the area due to weather, or ter-
rain; 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 ac-
tivities 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 author-
ized by the official in charge of on
scene emergency response activities.