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722 

14 CFR Ch. I (1–1–24 Edition) 

§ 91.209 

(11) On and after January 1, 2004, air-

craft with a maximum payload capac-
ity of more than 18,000 pounds when 
used in air transportation. 

[Doc. No. 18334, 54 FR 34304, Aug. 18, 1989, as 
amended by Amdt. 91–242, 59 FR 32057, June 
21, 1994; 59 FR 34578, July 6, 1994; Amdt. 91– 
265, 65 FR 81319, Dec. 22, 2000; 66 FR 16316, 
Mar. 23, 2001] 

§ 91.209

Aircraft lights. 

No person may: 
(a) During the period from sunset to 

sunrise (or, in Alaska, during the pe-
riod a prominent unlighted object can-
not be seen from a distance of 3 statute 
miles or the sun is more than 6 degrees 
below the horizon)— 

(1) Operate an aircraft unless it has 

lighted position lights; 

(2) Park or move an aircraft in, or in 

dangerous proximity to, a night flight 
operations area of an airport unless the 
aircraft— 

(i) Is clearly illuminated; 
(ii) Has lighted position lights; or 
(iii) is in an area that is marked by 

obstruction lights; 

(3) Anchor an aircraft unless the air-

craft— 

(i) Has lighted anchor lights; or 
(ii) Is in an area where anchor lights 

are not required on vessels; or 

(b) Operate an aircraft that is 

equipped with an anticollision light 
system, unless it has lighted anti-
collision lights. However, the anti-
collision lights need not be lighted 
when the pilot-in-command determines 
that, because of operating conditions, 
it would be in the interest of safety to 
turn the lights off. 

[Doc. No. 27806, 61 FR 5171, Feb. 9, 1996] 

§ 91.211

Supplemental oxygen. 

(a) 

General.  No person may operate a 

civil aircraft of U.S. registry— 

(1) At cabin pressure altitudes above 

12,500 feet (MSL) up to and including 
14,000 feet (MSL) unless the required 
minimum flight crew is provided with 
and uses supplemental oxygen for that 
part of the flight at those altitudes 
that is of more than 30 minutes dura-
tion; 

(2) At cabin pressure altitudes above 

14,000 feet (MSL) unless the required 
minimum flight crew is provided with 
and uses supplemental oxygen during 

the entire flight time at those alti-
tudes; and 

(3) At cabin pressure altitudes above 

15,000 feet (MSL) unless each occupant 
of the aircraft is provided with supple-
mental oxygen. 

(b) 

Pressurized cabin aircraft. (1) No 

person may operate a civil aircraft of 
U.S. registry with a pressurized cabin— 

(i) At flight altitudes above flight 

level 250 unless at least a 10-minute 
supply of supplemental oxygen, in addi-
tion to any oxygen required to satisfy 
paragraph (a) of this section, is avail-
able for each occupant of the aircraft 
for use in the event that a descent is 
necessitated by loss of cabin pressur-
ization; and 

(ii) At flight altitudes above flight 

level 350 unless one pilot at the con-
trols of the airplane is wearing and 
using an oxygen mask that is secured 
and sealed and that either supplies ox-
ygen at all times or automatically sup-
plies oxygen whenever the cabin pres-
sure altitude of the airplane exceeds 
14,000 feet (MSL), except that the one 
pilot need not wear and use an oxygen 
mask while at or below flight level 410 
if there are two pilots at the controls 
and each pilot has a quick-donning 
type of oxygen mask that can be placed 
on the face with one hand from the 
ready position within 5 seconds, sup-
plying oxygen and properly secured and 
sealed. 

(2) Notwithstanding paragraph 

(b)(1)(ii) of this section, if for any rea-
son at any time it is necessary for one 
pilot to leave the controls of the air-
craft when operating at flight altitudes 
above flight level 350, the remaining 
pilot at the controls shall put on and 
use an oxygen mask until the other 
pilot has returned to that crew-
member’s station. 

§ 91.213

Inoperative instruments and 

equipment. 

(a) Except as provided in paragraph 

(d) of this section, no person may take 
off an aircraft with inoperative instru-
ments or equipment installed unless 
the following conditions are met: 

(1) An approved Minimum Equipment 

List exists for that aircraft. 

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723 

Federal Aviation Administration, DOT 

§ 91.213 

(2) The aircraft has within it a letter 

of authorization, issued by the respon-
sible Flight Standards office, author-
izing operation of the aircraft under 
the Minimum Equipment List. The let-
ter of authorization may be obtained 
by written request of the airworthiness 
certificate holder. The Minimum 
Equipment List and the letter of au-
thorization constitute a supplemental 
type certificate for the aircraft. 

(3) The approved Minimum Equip-

ment List must— 

(i) Be prepared in accordance with 

the limitations specified in paragraph 
(b) of this section; and 

(ii) Provide for the operation of the 

aircraft with the instruments and 
equipment in an inoperable condition. 

(4) The aircraft records available to 

the pilot must include an entry de-
scribing the inoperable instruments 
and equipment. 

(5) The aircraft is operated under all 

applicable conditions and limitations 
contained in the Minimum Equipment 
List and the letter authorizing the use 
of the list. 

(b) The following instruments and 

equipment may not be included in a 
Minimum Equipment List: 

(1) Instruments and equipment that 

are either specifically or otherwise re-
quired by the airworthiness require-
ments under which the aircraft is type 
certificated and which are essential for 
safe operations under all operating 
conditions. 

(2) Instruments and equipment re-

quired by an airworthiness directive to 
be in operable condition unless the air-
worthiness directive provides other-
wise. 

(3) Instruments and equipment re-

quired for specific operations by this 
part. 

(c) A person authorized to use an ap-

proved Minimum Equipment List 
issued for a specific aircraft under sub-
part K of this part, part 121, 125, or 135 
of this chapter must use that Minimum 
Equipment List to comply with the re-
quirements in this section. 

(d) Except for operations conducted 

in accordance with paragraph (a) or (c) 
of this section, a person may takeoff an 
aircraft in operations conducted under 
this part with inoperative instruments 

and equipment without an approved 
Minimum Equipment List provided— 

(1) The flight operation is conducted 

in a— 

(i) Rotorcraft, non-turbine-powered 

airplane, glider, lighter-than-air air-
craft, powered parachute, or weight- 
shift-control aircraft, for which a mas-
ter minimum equipment list has not 
been developed; or 

(ii) Small rotorcraft, nonturbine- 

powered small airplane, glider, or 
lighter-than-air aircraft for which a 
Master Minimum Equipment List has 
been developed; and 

(2) The inoperative instruments and 

equipment are not— 

(i) Part of the VFR-day type certifi-

cation instruments and equipment pre-
scribed in the applicable airworthiness 
regulations under which the aircraft 
was type certificated; 

(ii) Indicated as required on the air-

craft’s equipment list, or on the Kinds 
of Operations Equipment List for the 
kind of flight operation being con-
ducted; 

(iii) Required by § 91.205 or any other 

rule of this part for the specific kind of 
flight operation being conducted; or 

(iv) Required to be operational by an 

airworthiness directive; and 

(3) The inoperative instruments and 

equipment are— 

(i) Removed from the aircraft, the 

cockpit control placarded, and the 
maintenance recorded in accordance 
with § 43.9 of this chapter; or 

(ii) Deactivated and placarded ‘‘In-

operative.’’ If deactivation of the inop-
erative instrument or equipment in-
volves maintenance, it must be accom-
plished and recorded in accordance 
with part 43 of this chapter; and 

(4) A determination is made by a 

pilot, who is certificated and appro-
priately rated under part 61 of this 
chapter, or by a person, who is certifi-
cated and appropriately rated to per-
form maintenance on the aircraft, that 
the inoperative instrument or equip-
ment does not constitute a hazard to 
the aircraft. 

An aircraft with inoperative instru-

ments or equipment as provided in 
paragraph (d) of this section is consid-
ered to be in a properly altered condi-
tion acceptable to the Administrator. 

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724 

14 CFR Ch. I (1–1–24 Edition) 

§ 91.215 

(e) Notwithstanding any other provi-

sion of this section, an aircraft with in-
operable instruments or equipment 
may be operated under a special flight 
permit issued in accordance with 
§§ 21.197 and 21.199 of this chapter. 

[Doc. No. 18334, 54 FR 34304, Aug. 18, 1989, as 
amended by Amdt. 91–280, 68 FR 54560, Sept. 
17, 2003; Amdt. 91–282, 69 FR 44880, July 27, 
2004; Docket FAA–2018–0119, Amdt. 91–350, 83 
FR 9171, Mar. 5, 2018] 

§ 91.215

ATC transponder and altitude 

reporting equipment and use. 

(a) 

All airspace: U.S.-registered civil 

aircraft.  For operations not conducted 
under part 121 or 135 of this chapter, 
ATC transponder equipment installed 
must meet the performance and envi-
ronmental requirements of any class of 
TSO-C74b (Mode A) or any class of 
TSO-C74c (Mode A with altitude report-
ing capability) as appropriate, or the 
appropriate class of TSO-C112 (Mode S). 

(b) 

All airspace. Unless otherwise au-

thorized or directed by ATC, and ex-
cept as provided in paragraph (e)(1) of 
this section, no person may operate an 
aircraft in the airspace described in 
paragraphs (b)(1) through (5) of this 
section, unless that aircraft is equipped 
with an operable coded radar beacon 
transponder having either Mode A 4096 
code capability, replying to Mode A in-
terrogations with the code specified by 
ATC, or a Mode S capability, replying 
to Mode A interrogations with the code 
specified by ATC and Mode S interroga-
tions in accordance with the applicable 
provisions specified in TSO–C112, and 
that aircraft is equipped with auto-
matic pressure altitude reporting 
equipment having a Mode C capability 
that automatically replies to Mode C 
interrogations by transmitting pres-
sure altitude information in 100-foot 
increments. The requirements of this 
paragraph (b) apply to— 

(1) 

All aircraft. In Class A, Class B, 

and Class C airspace areas; 

(2) 

All aircraft. In all airspace within 

30 nautical miles of an airport listed in 
appendix D, section 1 of this part from 
the surface upward to 10,000 feet MSL; 

(3) Notwithstanding paragraph (b)(2) 

of this section, any aircraft which was 
not originally certificated with an en-
gine-driven electrical system or which 
has not subsequently been certified 

with such a system installed, balloon 
or glider may conduct operations in 
the airspace within 30 nautical miles of 
an airport listed in appendix D, section 
1 of this part provided such operations 
are conducted— 

(i) Outside any Class A, Class B, or 

Class C airspace area; and 

(ii) Below the altitude of the ceiling 

of a Class B or Class C airspace area 
designated for an airport or 10,000 feet 
MSL, whichever is lower; and 

(4) All aircraft in all airspace above 

the ceiling and within the lateral 
boundaries of a Class B or Class C air-
space area designated for an airport up-
ward to 10,000 feet MSL; and 

(5) All aircraft except any aircraft 

which was not originally certificated 
with an engine-driven electrical sys-
tem or which has not subsequently 
been certified with such a system in-
stalled, balloon, or glider— 

(i) In all airspace of the 48 contiguous 

states and the District of Columbia at 
and above 10,000 feet MSL, excluding 
the airspace at and below 2,500 feet 
above the surface; and 

(ii) In the airspace from the surface 

to 10,000 feet MSL within a 10-nautical- 
mile radius of any airport listed in ap-
pendix D, section 2 of this part, exclud-
ing the airspace below 1,200 feet outside 
of the lateral boundaries of the surface 
area of the airspace designated for that 
airport. 

(c) 

Transponder-on operation. Except 

as provided in paragraph (e)(2) of this 
section, while in the airspace as speci-
fied in paragraph (b) of this section or 
in all controlled airspace, each person 
operating an aircraft equipped with an 
operable ATC transponder maintained 
in accordance with § 91.413 shall operate 
the transponder, including Mode C 
equipment if installed, and shall reply 
on the appropriate code or as assigned 
by ATC, unless otherwise directed by 
ATC when transmitting would jeop-
ardize the safe execution of air traffic 
control functions. 

(d) 

ATC authorized deviations. Re-

quests for ATC authorized deviations 
must be made to the ATC facility hav-
ing jurisdiction over the concerned air-
space within the time periods specified 
as follows: 

(1) For operation of an aircraft with 

an operating transponder but without 

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