title-14-part-91-sec91-137

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.

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.

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