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698 

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. 

(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 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. 

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699 

Federal Aviation Administration, DOT 

§ 91.139 

(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 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, and the operation is not con-
ducted 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 notifica-

tions made with an FSS or ATC facil-
ity under this section shall include the 
following information: 

(1) Aircraft identification, type and 

color. 

(2) Radio communications fre-

quencies to be used. 

(3) Proposed times of entry of, and 

exit from, the designated area. 

(4) Name of news media or organiza-

tion 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 de-

termined, pursuant to a request and 
justification provided by the Governor 
of the State of Hawaii, or the Gov-
ernor’s designee, that an inhabited 
area within a declared national dis-
aster area in the State of Hawaii is in 
need of protection for humanitarian 
reasons, the Administrator will issue a 
Notice to Airmen (NOTAM) desig-
nating an area within which temporary 
flight restrictions apply. The Adminis-
trator will designate the extent and du-
ration of the temporary flight restric-
tions necessary to provide for the pro-

tection 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 des-
ignated area unless at least one of the 
following conditions is met: 

(1) That person has obtained author-

ization 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 en-

forcement officials. 

(3) The aircraft is carrying persons 

involved in an emergency or a legiti-
mate 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 compli-
ance with the conditions and restric-
tions established by the official in 
charge of on-scene emergency response 
activities. 

(5) The aircraft is operating in ac-

cordance with an ATC clearance or in-
struction. 

(c) A NOTAM issued under this sec-

tion is effective for 90 days or until the 
national disaster area designation is 
terminated, whichever comes first, un-
less 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 des-
ignates the official who is authorized 
to issue NOTAMs on behalf of the Ad-
ministrator in certain matters under 
this section. 

(b) Whenever the Administrator de-

termines that an emergency condition 
exists, or will exist, relating to the 
FAA’s ability to operate the air traffic 

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