676
14 CFR Ch. I (1–1–24 Edition)
§ 89.545
(2) A petition to reconsider the re-
scission of the Administrator’s accept-
ance of a declaration of compliance
must show that the petitioner is an in-
terested party and has been adversely
affected by the decision of the FAA.
The petition must also demonstrate at
least one of the following:
(i) The petitioner adduces a signifi-
cant additional fact not previously pre-
sented to the FAA.
(ii) The Administrator made a mate-
rial error of fact in the decision to re-
scind acceptance of the declaration of
compliance.
(iii) The Administrator did not cor-
rectly interpret a law, regulation, or
precedent.
(3) Upon consideration of the infor-
mation submitted by the petitioner,
the Administrator will notify the peti-
tioner and the person who submitted
the declaration of compliance (if dif-
ferent) of the decision on whether to
reinstate the Administrator’s accept-
ance of the declaration of compliance.
(c)
Inapplicability of part 13, subpart D,
of this chapter. Part 13, subpart D, of
this chapter does not apply to the pro-
cedures of paragraphs (a) and (b) of this
section.
§ 89.545
Record retention.
A person who submits a declaration
of compliance under this subpart that
is accepted by the Administrator must
retain the following information for as
long as the standard remote identifica-
tion unmanned aircraft or remote iden-
tification broadcast module listed on
that declaration of compliance is pro-
duced plus an additional 24 calendar
months, and must make available for
inspection by the Administrator the
following:
(a) The means of compliance, all doc-
umentation, and substantiating data
related to the means of compliance
used.
(b) Records of all test results.
(c) Any other information necessary
to demonstrate compliance with the
means of compliance so that the stand-
ard remote identification unmanned
aircraft or remote identification broad-
cast module meets the remote identi-
fication requirements and the design
and production requirements of this
part.
PART 91—GENERAL OPERATING
AND FLIGHT RULES
S
PECIAL
F
EDERAL
A
VIATION
R
EGULATION
N
O
.
50–2
S
PECIAL
F
EDERAL
A
VIATION
R
EGULATION
N
O
.
60
S
PECIAL
F
EDERAL
A
VIATION
R
EGULATION
N
O
.
97
S
PECIAL
F
EDERAL
A
VIATION
R
EGULATION
N
O
.
104
Subpart A—General
Sec.
91.1
Applicability.
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 crew-
members.
91.13
Careless or reckless operation.
91.15
Dropping objects.
91.17
Alcohol or drugs.
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.
91.25
Aviation Safety Reporting Program:
Prohibition against use of reports for en-
forcement purposes.
91.27–91.99
[Reserved]
Subpart B—Flight Rules
G
ENERAL
91.101
Applicability.
91.103
Preflight action.
91.105
Flight crewmembers at stations.
91.107
Use of safety belts, shoulder har-
nesses, and child restraint systems.
91.109
Flight instruction; Simulated instru-
ment flight and certain flight tests.
91.111
Operating near other aircraft.
91.113
Right-of-way rules: Except water op-
erations.
91.115
Right-of-way rules: Water operations.
91.117
Aircraft speed.
91.119
Minimum safe altitudes: General.
91.121
Altimeter settings.
91.123
Compliance with ATC clearances and
instructions.
91.125
ATC light signals.
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.
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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 na-
tional disaster areas in the State of Ha-
waii.
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.
91.144
Temporary restriction on flight oper-
ations during abnormally high baro-
metric pressure conditions.
91.145
Management of aircraft operations in
the vicinity of aerial demonstrations and
major sporting events.
91.146
Passenger-carrying flights for the
benefit of a charitable, nonprofit, or
community event.
91.147
Passenger carrying flights for com-
pensation or hire.
91.148–91.149
[Reserved]
V
ISUAL
F
LIGHT
R
ULES
91.151
Fuel requirements for flight in VFR
conditions.
91.153
VFR flight plan: Information re-
quired.
91.155
Basic VFR weather minimums.
91.157
Special VFR weather minimums.
91.159
VFR cruising altitude or flight level.
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.
91.162–91.165
[Reserved]
I
NSTRUMENT
F
LIGHT
R
ULES
91.167
Fuel requirements for flight in IFR
conditions.
91.169
IFR flight plan: Information required.
91.171
VOR equipment check for IFR oper-
ations.
91.173
ATC clearance and flight plan re-
quired.
91.175
Takeoff and landing under IFR.
91.176
Straight-in landing operations below
DA/DH or MDA using an enhanced flight
vision system (EFVS) under IFR.
91.177
Minimum altitudes for IFR oper-
ations.
91.179
IFR cruising altitude or flight level.
91.180
Operations within airspace des-
ignated as Reduced Vertical Separation
Minimum airspace.
91.181
Course to be flown.
91.183
IFR communications.
91.185
IFR operations: Two-way radio com-
munications failure.
91.187
Operation under IFR in controlled
airspace: Malfunction reports.
91.189
Category II and III operations: Gen-
eral operating rules.
91.191
Category II and Category III manual.
91.193
Certificate of authorization for cer-
tain Category II operations.
91.195–91.199
[Reserved]
Subpart C—Equipment, Instrument, and
Certificate Requirements
91.201
[Reserved]
91.203
Civil aircraft: Certifications required.
91.205
Powered civil aircraft with standard
category U.S. airworthiness certificates:
Instrument and equipment requirements.
91.207
Emergency locator transmitters.
91.209
Aircraft lights.
91.211
Supplemental oxygen.
91.213
Inoperative instruments and equip-
ment.
91.215
ATC transponder and altitude report-
ing equipment and use.
91.217
Data correspondence between auto-
matically reported pressure altitude data
and the pilot’s altitude reference.
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 sys-
tem.
91.225
Automatic Dependent Surveillance-
Broadcast (ADS–B) Out equipment and
use.
91.227
Automatic Dependent Surveillance-
Broadcast (ADS–B) Out equipment per-
formance requirements.
91.228–91.299
[Reserved]
Subpart D—Special Flight Operations
91.301
[Reserved]
91.303
Aerobatic flight.
91.305
Flight test areas.
91.307
Parachutes and parachuting.
91.309
Towing: Gliders and unpowered ultra-
light vehicles.
91.311
Towing: Other than under § 91.309.
91.313
Restricted category civil aircraft: Op-
erating limitations.
91.315
Limited category civil aircraft: Oper-
ating limitations.
91.317
Provisionally certificated civil air-
craft: Operating limitations.
91.319
Aircraft having experimental certifi-
cates: 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.
91.326
[Reserved]
91.327
Aircraft having a special airworthi-
ness certificate in the light-sport cat-
egory: Operating limitations.
91.328–91.399
[Reserved]
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Subpart E—Maintenance, Preventive
Maintenance, and Alterations
91.401
Applicability.
91.403
General.
91.405
Maintenance required.
91.407
Operation after maintenance, preven-
tive maintenance, rebuilding, or alter-
ation.
91.409
Inspections.
91.410
[Reserved]
91.411
Altimeter system and altitude report-
ing equipment tests and inspections.
91.413
ATC transponder tests and inspec-
tions.
91.415
Changes to aircraft inspection pro-
grams.
91.417
Maintenance records.
91.419
Transfer of maintenance records.
91.421
Rebuilt engine maintenance records.
91.423–91.499
[Reserved]
Subpart F—Large and Turbine-Powered
Multiengine Airplanes and Fractional
Ownership Program Aircraft
91.501
Applicability.
91.503
Flying equipment and operating in-
formation.
91.505
Familiarity with operating limita-
tions and emergency equipment.
91.507
Equipment requirements: Over-the-
top or night VFR operations.
91.509
Survival equipment for overwater op-
erations.
91.511
Communication and navigation
equipment for overwater operations.
91.513
Emergency equipment.
91.515
Flight altitude rules.
91.517
Passenger information.
91.519
Passenger briefing.
91.521
Shoulder harness.
91.523
Carry-on baggage.
91.525
Carriage of cargo.
91.527
Operating in icing conditions.
91.529
Flight engineer requirements.
91.531
Second in command requirements.
91.533
Flight attendant requirements.
91.535
Stowage of food, beverage, and pas-
senger service equipment during aircraft
movement on the surface, takeoff, and
landing.
91.537–91.599
[Reserved]
Subpart G—Additional Equipment and Op-
erating Requirements for Large and
Transport Category Aircraft
91.601
Applicability.
91.603
Aural speed warning device.
91.605
Transport category civil airplane
weight limitations.
91.607
Emergency exits for airplanes car-
rying 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.
91.615–91.699
[Reserved]
Subpart H—Foreign Aircraft Operations
and Operations of U.S.-Registered Civil
Aircraft Outside of the United States;
and Rules Governing Persons on Board
Such Aircraft
91.701
Applicability.
91.702
Persons on board.
91.703
Operations of civil aircraft of U.S.
registry outside of the United States.
91.705
[Reserved]
91.706
Operations within airspace designed
as Reduced Vertical Separation Min-
imum Airspace.
91.707
Flights between Mexico or Canada
and the United States.
91.709
Operations to Cuba.
91.711
Special rules for foreign civil air-
craft.
91.713
Operation of civil aircraft of Cuban
registry.
91.715
Special flight authorizations for for-
eign civil aircraft.
91.717–91.799
[Reserved]
Subpart I—Operating Noise Limits
91.801
Applicability: Relation to part 36.
91.803
Part 125 operators: Designation of ap-
plicable regulations.
91.805
Final compliance: Subsonic airplanes.
91.807–91.813
[Reserved]
91.815
Agricultural and fire fighting air-
planes: Noise operating limitations.
91.817
Civil aircraft sonic boom.
91.818
Special flight authorization to exceed
Mach 1.
91.819
Civil supersonic airplanes that do not
comply with part 36.
91.821
Civil supersonic airplanes: Noise lim-
its.
91.823–91.849
[Reserved]
91.851
Definitions.
91.853
Final compliance: Civil subsonic air-
planes.
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.
91.861
Base level.
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 re-
quirements.
91.873
Waivers from final compliance.
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91.875
Annual progress reports.
91.877
Annual reporting of Hawaiian oper-
ations.
91.879–91.880
[Reserved]
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.
91.884–91.899
[Reserved]
Subpart J—Waivers
91.901
[Reserved]
91.903
Policy and procedures.
91.905
List of rules subject to waivers.
91.907–91.999
[Reserved]
Subpart K—Fractional Ownership
Operations
91.1001
Applicability.
91.1002
Compliance date.
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 ac-
knowledgment.
91.1014
Issuing or denying management
specifications.
91.1015
Management specifications.
91.1017
Amending program manager’s man-
agement specifications.
91.1019
Conducting tests and inspections.
91.1021
Internal safety reporting and inci-
dent/accident response.
91.1023
Program operating manual require-
ments.
91.1025
Program operating manual contents.
91.1027
Recordkeeping.
91.1029
Flight scheduling and locating re-
quirements.
91.1031
Pilot in command or second in com-
mand: Designation required.
91.1033
Operating information required.
91.1035
Passenger awareness.
91.1037
Large transport category airplanes:
Turbine engine powered; Limitations;
Destination and alternate airports.
91.1039
IFR takeoff, approach and landing
minimums.
91.1041
Aircraft proving and validation
tests.
91.1043
[Reserved]
91.1045
Additional equipment requirements.
91.1047
Drug and alcohol misuse education
program.
91.1049
Personnel.
91.1050
Employment of former FAA employ-
ees.
91.1051
Pilot safety background check.
91.1053
Crewmember experience.
91.1055
Pilot operating limitations and pair-
ing requirement.
91.1057
Flight, duty and rest time require-
ments; All crewmembers.
91.1059
Flight time limitations and rest re-
quirements: 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 attend-
ant 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: Ini-
tial 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 device.
91.1089
Qualifications: Check pilots (air-
craft) and check pilots (simulator).
91.1091
Qualifications: Flight instructors
(aircraft) and flight instructors (simu-
lator).
91.1093
Initial and transition training and
checking: Check pilots (aircraft), check
pilots (simulator).
91.1095
Initial and transition training and
checking: Flight instructors (aircraft),
flight instructors (simulator).
91.1097
Pilot and flight attendant crew-
member training programs.
91.1099
Crewmember initial and recurrent
training requirements.
91.1101
Pilots: Initial, transition, and up-
grade ground training.
91.1103
Pilots: Initial, transition, upgrade,
requalification, and differences flight
training.
91.1105
Flight attendants: Initial and transi-
tion ground training.
91.1107
Recurrent training.
91.1109
Aircraft maintenance: Inspection
program.
91.1111
Maintenance training.
91.1113
Maintenance recordkeeping.
91.1115
Inoperable instruments and equip-
ment.
91.1411
Continuous airworthiness mainte-
nance program use by fractional owner-
ship program manager.
91.1413
CAMP: Responsibility for airworthi-
ness.
91.1415
CAMP: Mechanical reliability re-
ports.
91.1417
CAMP: Mechanical interruption
summary report.
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91.1423
CAMP: Maintenance organization.
91.1425
CAMP: Maintenance, preventive
maintenance, and alteration programs.
91.1427
CAMP: Manual requirements.
91.1429
CAMP: Required inspection per-
sonnel.
91.1431
CAMP: Continuing analysis and sur-
veillance.
91.1433
CAMP: Maintenance and preventive
maintenance training program.
91.1435
CAMP: Certificate requirements.
91.1437
CAMP: Authority to perform and ap-
prove maintenance.
91.1439
CAMP: Maintenance recording re-
quirements.
91.1441
CAMP: Transfer of maintenance
records.
91.1443
CAMP: Airworthiness release or air-
craft maintenance log entry.
Subpart L—Continued Airworthiness and
Safety Improvements
91.1501
Purpose and definition.
91.1503
[Reserved]
91.1505
Repairs assessment for pressurized
fuselages.
91.1507
Fuel tank system inspection pro-
gram.
Subpart M—Special Federal Aviation
Regulations
91.1603
Special Federal Aviation Regulation
No. 112—Prohibition Against Certain
Flights in the Territory and Airspace of
Libya.
91.1605
Special Federal Aviation Regulation
No. 77—Prohibition Against Certain
Flights in the Baghdad Flight Informa-
tion Region (FIR) (ORBB).
91.1607
[Reserved]
§ 91.1609
Special Federal Aviation Regula-
tion No. 114—Prohibition Against Cer-
tain Flights in the Damascus Flight In-
formation Region (FIR) (OSTT).
91.1611
Special Federal Aviation Regulation
No. 115—Prohibition Against Certain
Flights in Specified Areas of the Sanaa
Flight Information Region (FIR) (OYSC).
91.1613
Special Federal Aviation Regulation
No. 107—Prohibition Against Certain
Flights in the Territory and Airspace of
Somalia.
91.1615
Special Federal Aviation Regulation
No. 79—Prohibition Against Certain
Flights in the Pyongyang Flight Infor-
mation Region (FIR) (ZKKP).
91.1617
Special Federal Aviation Regulation
No. 117—Prohibition Against Certain
Flights in the Tehran Flight Information
Region (FIR) (OIIX).
91.1619
Special Federal Aviation Regulation
No. 119—Prohibition Against Certain
Flights in the Kabul Flight Information
Region (FIR) (OAKX).
Subpart N—Mitsubishi MU–2B Series Spe-
cial Training, Experience, and Oper-
ating Requirements
91.1701
Applicability.
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 evalua-
tion.
91.1715
Currency requirements and flight re-
view.
91.1717
Operating requirements.
91.1719
Credit for prior training.
91.1721
Incorporation by reference.
A
PPENDIX
A
TO
P
ART
91—C
ATEGORY
II O
PER
-
ATIONS
: M
ANUAL
, I
NSTRUMENTS
, E
QUIP
-
MENT
,
AND
M
AINTENANCE
A
PPENDIXES
B—C
TO
P
ART
91 [R
ESERVED
]
A
PPENDIX
D
TO
P
ART
91—A
IRPORTS
/L
OCA
-
TIONS
: S
PECIAL
O
PERATING
R
ESTRICTIONS
A
PPENDIX
E
TO
P
ART
91—A
IRPLANE
F
LIGHT
R
ECORDER
S
PECIFICATIONS
A
PPENDIX
F
TO
P
ART
91—H
ELICOPTER
F
LIGHT
R
ECORDER
S
PECIFICATIONS
A
PPENDIX
G
TO
P
ART
91—O
PERATIONS IN
R
E
-
DUCED
V
ERTICAL
S
EPARATION
M
INIMUM
(RVSM) A
IRSPACE
A
UTHORITY
: 49 U.S.C. 106(f), 106(g), 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).
S
PECIAL
F
EDERAL
A
VIATION
R
EGULATION
N
O
. 50–2—S
PECIAL
F
LIGHT
R
ULES IN
THE
V
ICINITY OF THE
G
RAND
C
ANYON
N
ATIONAL
P
ARK
, AZ
Section 1. Applicability. This rule prescribes
special operating rules for all persons oper-
ating aircraft in the following airspace, des-
ignated 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 begin-
ning 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.,
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Federal Aviation Administration, DOT
Pt. 91, SFAR No. 50–2
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 stat-
ute 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 north-
west 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 begin-
ning.
Section 3. Aircraft operations: general. Ex-
cept 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 fol-
lowing procedures:
N
OTE
: The following procedures do not re-
lieve the pilot from see-and-avoid responsi-
bility or compliance with FAR 91.119.
(1) Unless necessary to maintain a safe dis-
tance from other aircraft or terrain—
(i) Remain clear of the areas described in
Section 4; and
(ii) Remain at or above the following alti-
tudes 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 cor-
ridors 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 respon-
sible Flight Standards office and is con-
ducted 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 op-
erations of aircraft necessary for law en-
forcement, firefighting, emergency medical
treatment/evacuation of persons in the vicin-
ity of the Park; for support of Park mainte-
nance or activities; or for aerial access to
and maintenance of other property located
within the Special Flight Rules Area. Au-
thorization may be issued on a continuing
basis.
(c)(1) Prior to November 1, 1988, is con-
ducted in accordance with a specific author-
ization to operate in that airspace incor-
porated in the operator’s part 135 operations
specifications in accordance with the provi-
sions of SFAR 50–1, notwithstanding the pro-
visions of Sections 4 and 5; and
(2) On or after November 1, 1988, is con-
ducted in accordance with a specific author-
ization to operate in that airspace incor-
porated in the operated in the operator’s op-
erations specifications and approved by the
responsible Flight Standards office in ac-
cordance 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 safe-
ty 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 bound-
ary 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 coun-
terclockwise 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
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14 CFR Ch. I (1–1–24 Edition)
Pt. 91, SFAR No. 60
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 Cor-
ridor.’’
(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 be-
ginning 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 fol-
lowing airspace designated as the ‘‘Tuckup
Corridor’’: at or above 10,500 feet MSL within
2 nautical miles either side of a line extend-
ing 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 au-
thorized by the responsible Flight Standards
office for a purpose listed in Section 3(b), no
person may operate an aircraft in the Spe-
cial 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. Ap-
plicability, Section 4, Flight-free zones, and
Section 5. Minimum flight altitudes, expire
on April 19, 2001.
N
OTE
: [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]
S
PECIAL
F
EDERAL
A
VIATION
R
EGULATION
N
O
. 60—A
IR
T
RAFFIC
C
ONTROL
S
YS
-
TEM
E
MERGENCY
O
PERATION
1. Each person shall, before conducting any
operation under the Federal Aviation Regu-
lations (14 CFR chapter I), be familiar with
all available information concerning that op-
eration, including Notices to Airmen issued
under § 91.139 and, when activated, the provi-
sions 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 air-
port of intended operation for any flight con-
tained in the October 1, 1990, OAG.
2. Notwithstanding any provision of the
Federal Aviation Regulations to the con-
trary, 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 Di-
rector of the Office of Air Traffic Systems
Management (Director) pursuant to para-
graph 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 pro-
visions of the National Air Traffic Reduced
Complement Operations Plan.
3. Prior to or in connection with the imple-
mentation 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 air-
space 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 em-
ployees.
c. Implement, at any airport, traffic man-
agement procedures, that may include reduc-
tion of flight operations. Reduction of flight
operations will be accomplished, to the ex-
tent practical, on a pro rata basis among and
between air carrier, commercial operator,
and general aviation operations. Flights can-
celled 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 au-
thorized to suspend or modify any airspace
designation.
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Federal Aviation Administration, DOT
Pt. 91, SFAR No. 97
5. Notice of restrictions, prohibitions, pro-
cedures and other actions taken by the Di-
rector under this regulation with respect to
the operation of the Air Traffic Control sys-
tem 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 con-
siders necessary for the safe and efficient op-
eration 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 Avia-
tion (61 stat. 1180); 42 U.S.C. 4321
et 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]
S
PECIAL
F
EDERAL
A
VIATION
R
EGULATION
N
O
. 97—S
PECIAL
O
PERATING
R
ULES
FOR
THE
C
ONDUCT
OF
I
NSTRUMENT
F
LIGHT
R
ULES
(IFR) A
REA
N
AVIGA
-
TION
(RNAV) O
PERATIONS
USING
G
LOBAL
P
OSITIONING
S
YSTEMS
(GPS)
IN
A
LASKA
Those persons identified in Section 1 may
conduct IFR en route RNAV operations in
the State of Alaska and its airspace on pub-
lished air traffic routes using TSO C145a/
C146a navigation systems as the only means
of IFR navigation. Despite contrary provi-
sions of parts 71, 91, 95, 121, 125, and 135 of
this chapter, a person may operate aircraft
in accordance with this SFAR if the fol-
lowing 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 air-
space over and near Alaska (as set forth in
paragraph c of this section) at Special Min-
imum 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 pro-
vided that they comply with the require-
ments 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 spe-
cial 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 fol-
lowing definitions and abbreviations apply.
Area navigation (RNAV). RNAV is a method
of navigation that permits aircraft oper-
ations 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 de-
termination system that uses satellite rang-
ing signals to determine user location. It en-
compasses all satellite ranging technologies,
including GPS and additional satellites.
Components of the GNSS include GPS, the
Global Orbiting Navigation Satellite Sys-
tem, and WAAS satellites.
Global Positioning System (GPS). GPS is a
satellite-based radio navigational, posi-
tioning, and time transfer system. The sys-
tem provides highly accurate position and
velocity information and precise time on a
continuous global basis to properly equipped
users.
Minimum crossing altitude (MCA). The min-
imum crossing altitude (MCA) applies to the
operation of an aircraft proceeding to a high-
er minimum en route altitude when crossing
specified fixes.
Required navigation system. Required navi-
gation 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 out-
side the operational service volume of
ground-based navigation aids and are de-
picted on the published Low Altitude and
High Altitude En Route Charts using the
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14 CFR Ch. I (1–1–24 Edition)
Pt. 91, SFAR No. 104
color blue and with the suffix ‘‘G.’’ For ex-
ample, 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 facili-
ties such as VOR facilities.
Wide Area Augmentation System (WAAS).
WAAS is an augmentation to GPS that cal-
culates 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 as-
sessment to GNSS users to support en route
through precision approach navigation.
Users of the system include all aircraft ap-
plying 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 oper-
ations and maintenance personnel on re-
quired navigation equipment used under this
SFAR.
b. Use authorized procedures for normal,
abnormal, and emergency situations unique
to these operations, including degraded navi-
gation capabilities, and satellite system out-
ages.
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 op-
erations in accordance with this SFAR.
e. In order to operate under this SFAR, a
certificate holder must be authorized in op-
erations specifications.
Section 4.
Equipment Requirements
a. The certificate holder must have prop-
erly installed, certificated, and functional
dual required navigation systems as defined
in section 2 of this SFAR for the en route op-
erations 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, certifi-
cated, 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]
S
PECIAL
F
EDERAL
A
VIATION
R
EGULATION
N
O
. 104—P
ROHIBITION
A
GAINST
C
ER
-
TAIN
F
LIGHTS BY
S
YRIAN
A
IR
C
AR
-
RIERS TO THE
U
NITED
S
TATES
1.
Applicability. This Special Federal Avia-
tion 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 pro-
vided 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 com-
mand of an aircraft of any air carrier de-
scribed in paragraph 1 may deviate from this
SFAR to the extent required by that emer-
gency. 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 op-
erations or the aircraft involved in the devi-
ation, including a description of the devi-
ation 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]
Subpart A—General
S
OURCE
: 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 air-
craft within the United States, includ-
ing the waters within 3 nautical miles
of the U.S. coast.
(b) Each person operating an aircraft
in the airspace overlying the waters be-
tween 3 and 12 nautical miles from the
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Federal Aviation Administration, DOT
§ 91.9
coast of the United States must com-
ply 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 speci-
fied.
(d) This part also establishes require-
ments 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 air-
craft is directly responsible for, and is
the final authority as to, the operation
of that aircraft.
(b) In an in-flight emergency requir-
ing immediate action, the pilot in com-
mand may deviate from any rule of
this part to the extent required to
meet that emergency.
(c) Each pilot in command who devi-
ates from a rule under paragraph (b) of
this section shall, upon the request of
the Administrator, send a written re-
port of that deviation to the Adminis-
trator.
(Approved by the Office of Management and
Budget under control number 2120–0005)
§ 91.5
Pilot in command of aircraft re-
quiring 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 air-
craft unless it is in an airworthy condi-
tion.
(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 un-
airworthy 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 oper-
ate a civil aircraft without complying
with the operating limitations speci-
fied in the approved Airplane or Rotor-
craft Flight Manual, markings, and
placards, or as otherwise prescribed by
the certificating authority of the coun-
try of registry.
(b) No person may operate a U.S.-reg-
istered civil aircraft—
(1) For which an Airplane or Rotor-
craft Flight Manual is required by § 21.5
of this chapter unless there is available
in the aircraft a current, approved Air-
plane or Rotorcraft Flight Manual or
the manual provided for in § 121.141(b);
and
(2) For which an Airplane or Rotor-
craft Flight Manual is not required by
§ 21.5 of this chapter, unless there is
available in the aircraft a current ap-
proved Airplane or Rotorcraft Flight
Manual, approved manual material,
markings, and placards, or any com-
bination thereof.
(c) No person may operate a U.S.-reg-
istered civil aircraft unless that air-
craft is identified in accordance with
part 45 or 48of this chapter.
(d) Any person taking off or landing
a helicopter certificated under part 29
of this chapter at a heliport con-
structed over water may make such
momentary flight as is necessary for
takeoff or landing through the prohib-
ited 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
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§ 91.11
is equipped with floats or other emer-
gency flotation gear adequate to ac-
complish a safe emergency ditching on
open water.
[Docket No. 18334, 54 FR 34292, Aug. 18, 1989,
as amended by ; Docket No. FAA–2022–1355,
Amdt. No. 91–366, 87 FR 75846, Dec. 9, 2022]
§ 91.11
Prohibition on interference
with crewmembers.
No person may assault, threaten, in-
timidate, or interfere with a crew-
member in the performance of the
crewmember’s duties aboard an air-
craft being operated.
§ 91.13
Careless or reckless operation.
(a)
Aircraft operations for the purpose
of air navigation. No person may oper-
ate 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 receiv-
ing or discharging persons or cargo), in
a careless or reckless manner so as to
endanger the life or property of an-
other.
§ 91.15
Dropping objects.
No pilot in command of a civil air-
craft 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 air-
craft—
(1) Within 8 hours after the consump-
tion of any alcoholic beverage;
(2) While under the influence of alco-
hol;
(3) While using any drug that affects
the person’s faculties in any way con-
trary to safety; or
(4) While having an alcohol con-
centration of 0.04 or greater in a blood
or breath specimen. Alcohol concentra-
tion means grams of alcohol per deci-
liter 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 med-
ical patient under proper care) to be
carried in that aircraft.
(c) A crewmember shall do the fol-
lowing:
(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 au-
thorized under State or local law to
conduct the test or to have the test
conducted; and
(ii) The law enforcement officer is re-
questing submission to the test to in-
vestigate a suspected violation of State
or local law governing the same or sub-
stantially similar conduct prohibited
by paragraph (a)(1), (a)(2), or (a)(4) of
this section.
(2) Whenever the FAA has a reason-
able 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 clin-
ic, 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 crew-
member that indicates an alcohol con-
centration in the blood or breath speci-
men.
(d) Whenever the Administrator has a
reasonable basis to believe that a per-
son 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 re-
sults of each test taken within 4 hours
after acting or attempting to act as a
crewmember that indicates the pres-
ence 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 qualifica-
tions for any airman certificate or pos-
sible violations of this chapter and
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§ 91.23
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 stim-
ulant drugs or substances.
(a) Except as provided in paragraph
(b) of this section, no person may oper-
ate a civil aircraft within the United
States with knowledge that narcotic
drugs, marihuana, and depressant or
stimulant drugs or substances as de-
fined 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 author-
ized 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 oper-
ate, nor may any operator or pilot in
command of an aircraft allow the oper-
ation 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 op-
erated 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 de-
vice that the operator of the aircraft
has determined will not cause inter-
ference with the navigation or commu-
nication 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 para-
graph (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 require-
ment 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 in-
volving 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 fol-
lowing with respect to each such air-
craft:
(1) Identification of the Federal Avia-
tion Regulations under which the air-
craft has been maintained and in-
spected during the 12 months preceding
the execution of the lease or contract
of conditional sale, and certification by
the parties thereto regarding the air-
craft’s status of compliance with appli-
cable maintenance and inspection re-
quirements in this part for the oper-
ation 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 per-
son’s responsibilities for compliance
with applicable Federal Aviation Regu-
lations.
(3) A statement that an explanation
of factors bearing on operational con-
trol 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 condi-
tional sale when—
(i) The party to whom the aircraft is
furnished is a foreign air carrier or cer-
tificate 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 oper-
ating under part 121, 125, and 141 of this
chapter, or a person operating under
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§ 91.25
part 135 of this chapter having author-
ity 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 execu-
tion of the contract, except as a new
aircraft under a dealer’s aircraft reg-
istration certificate issued in accord-
ance 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 condi-
tional 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 re-
view upon request by the Adminis-
trator, and
(3) The lessee or conditional buyer, or
the registered owner if the lessee is not
a citizen of the United States, has noti-
fied by telephone or in person the re-
sponsible Flight Standards office. Un-
less otherwise authorized by that of-
fice, 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 de-
parture;
(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 fi-
nancial information obtained from a
person. It is, therefore, privileged and
confidential and will not be made
available by the FAA for public inspec-
tion 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 fur-
nishing 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 Pro-
gram: Prohibition against use of re-
ports for enforcement purposes.
The Administrator of the FAA will
not use reports submitted to the Na-
tional Aeronautics and Space Adminis-
tration under the Aviation Safety Re-
porting Program (or information de-
rived 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
S
OURCE
: Docket No. 18334, 54 FR 34294, Aug.
18, 1989, unless otherwise noted.
G
ENERAL
§ 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 con-
cerning that flight. This information
must include—
(a) For a flight under IFR or a flight
not in the vicinity of an airport,
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§ 91.107
weather reports and forecasts, fuel re-
quirements, alternatives available if
the planned flight cannot be com-
pleted, 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 fol-
lowing takeoff and landing distance in-
formation:
(1) For civil aircraft for which an ap-
proved 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 sec-
tion, other reliable information appro-
priate to the aircraft, relating to air-
craft performance under expected val-
ues of airport elevation and runway
slope, aircraft gross weight, and wind
and temperature.
§ 91.105
Flight crewmembers at sta-
tions.
(a) During takeoff and landing, and
while en route, each required flight
crewmember shall—
(1) Be at the crewmember station un-
less the absence is necessary to per-
form duties in connection with the op-
eration 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 sta-
tion 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 sys-
tems.
(a) Unless otherwise authorized by
the Administrator—
(1) No pilot may take off a U.S.-reg-
istered civil aircraft (except a free bal-
loon that incorporates a basket or gon-
dola, or an airship type certificated be-
fore 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 per-
son’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 en-
sures that each person on board has
been notified to fasten his or her safety
belt and, if installed, his or her shoul-
der harness.
(3) Except as provided in this para-
graph, each person on board a U.S.-reg-
istered civil aircraft (except a free bal-
loon that incorporates a basket or gon-
dola or an airship type certificated be-
fore 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 dur-
ing 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 seat-
ing and safety belt requirements. Not-
withstanding the preceding require-
ments of this paragraph, a person may:
(i) Be held by an adult who is occu-
pying an approved seat or berth, pro-
vided that the person being held has
not reached his or her second birthday
and does not occupy or use any re-
straining 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 re-
quirement of this chapter, occupy an
approved child restraint system fur-
nished by the operator or one of the
persons described in paragraph
(a)(3)(iii)(A) of this section provided
that:
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§ 91.109
(A) The child is accompanied by a
parent, guardian, or attendant des-
ignated by the child’s parent or guard-
ian 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 ap-
proved child restraint system bears one
or more labels as follows:
(
1) Seats manufactured to U.S. stand-
ards between January 1, 1981, and Feb-
ruary 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. stand-
ards on or after February 26, 1985, must
bear two labels:
(
i) ‘‘This child restraint system con-
forms to all applicable Federal motor
vehicle safety standards’’; and
(
ii) ‘‘THIS RESTRAINT IS CER-
TIFIED FOR USE IN MOTOR VEHI-
CLES AND AIRCRAFT’’ in red let-
tering;
(
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 Na-
tions;
(
iii) That the seat or child restraint
device furnished by the operator was
approved by the FAA through Type
Certificate or Supplemental Type Cer-
tificate; or
(
iv) That the seat or child restraint
device furnished by the operator, or
one of the persons described in para-
graph (a)(3)(iii)(A) of this section, was
approved by the FAA in accordance
with § 21.8(d) of this chapter or Tech-
nical 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 har-
ness-type child restraint systems, and
lap held child restraints are not ap-
proved for use in aircraft; and
(C) The operator complies with the
following requirements:
(
1) The restraint system must be
properly secured to an approved for-
ward-facing seat or berth;
(
2) The child must be properly se-
cured 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 sec-
tion does not apply to operations con-
ducted under part 121, 125, or 135 of this
chapter. Paragraph (a)(3) of this sec-
tion 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 air-
craft (except a manned free balloon)
that is being used for flight instruction
unless that aircraft has fully func-
tioning dual controls. However, instru-
ment 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 con-
trols, when—
(1) The instructor has determined
that the flight can be conducted safely;
and
(2) The person manipulating the con-
trols has at least a private pilot certifi-
cate with appropriate category and
class ratings.
(b) An airplane equipped with a sin-
gle, 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 re-
cent flight experience or an instrument
proficiency check required by § 61.57
when—
(1) The airplane is equipped with op-
erable rudder pedals at both pilot sta-
tions;
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§ 91.113
(2) The pilot manipulating the con-
trols 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 in-
structor have determined the flight can
be conducted safely.
(c) No person may operate a civil air-
craft 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 train-
ing for a solo cross-country endorse-
ment under § 61.93 of this chapter, a
flight instructor certificate with an ap-
propriate sport pilot rating and meets
the requirements of § 61.412 of this
chapter.
(2) The safety pilot has adequate vi-
sion forward and to each side of the
aircraft, or a competent observer in the
aircraft adequately supplements the vi-
sion 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, func-
tioning, throwover control wheel, in
place of fixed, dual controls of the ele-
vator and ailerons, when—
(i) The safety pilot has determined
that the flight can be conducted safely;
and
(ii) The person manipulating the con-
trols has at least a private pilot certifi-
cate with appropriate category and
class ratings.
(d) No person may operate a civil air-
craft that is being used for a flight test
for an airline transport pilot certifi-
cate 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 arrange-
ment with the pilot in command of
each aircraft in the formation.
(c) No person may operate an air-
craft, 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 air-
craft on water.
(b)
General. When weather conditions
permit, regardless of whether an oper-
ation is conducted under instrument
flight rules or visual flight rules, vigi-
lance shall be maintained by each per-
son 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 ap-
proximately 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 cat-
egories—
(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 rotor-
craft.
However, an aircraft towing or re-
fueling other aircraft has the right-of-
way over all other engine-driven air-
craft.
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§ 91.115
(e)
Approaching head-on. When air-
craft are approaching each other head-
on, or nearly so, each pilot of each air-
craft 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, ex-
cept that they shall not take advan-
tage 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 op-
erations.
(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 air-
craft 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 air-
craft, 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 air-
craft, or an aircraft and a vessel, ap-
proach so as to involve risk of colli-
sion, each aircraft or vessel shall pro-
ceed with careful regard to existing
circumstances, including the limita-
tions of the respective craft.
§ 91.117
Aircraft speed.
(a) Unless otherwise authorized by
the Administrator, no person may op-
erate 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 re-
quired 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 sec-
tion.
(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 oper-
ated 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: Gen-
eral.
Except when necessary for takeoff or
landing, no person may operate an air-
craft below the following altitudes:
(a)
Anywhere. An altitude allowing, if
a power unit fails, an emergency land-
ing without undue hazard to persons or
property on the surface.
(b)
Over congested areas. Over any
congested area of a city, town, or set-
tlement, 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 pop-
ulated areas. In those cases, the air-
craft may not be operated closer than
500 feet to any person, vessel, vehicle,
or structure.
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§ 91.123
(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, pro-
vided each person operating the heli-
copter complies with any routes or al-
titudes specifically prescribed for heli-
copters 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 air-
craft;
(ii) If there is no station within the
area prescribed in paragraph (a)(1)(i) of
this section, the current reported al-
timeter setting of an appropriate avail-
able 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 de-
parture; or
(2) At or above 18,000 feet MSL, to
29.92
″
Hg.
(b) The lowest usable flight level is
determined by the atmospheric pres-
sure 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 pre-
scribed 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 re-
ported altimeter setting:
Current altimeter setting
Adjust-
ment
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 clear-
ances and instructions.
(a) When an ATC clearance has been
obtained, no pilot in command may de-
viate 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 clari-
fication from ATC.
(b) Except in an emergency, no per-
son 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 no-
tify 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 de-
tailed 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
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§ 91.125
been issued to the pilot of another air-
craft for radar air traffic control pur-
poses.
(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:
Color and type of
signal
Meaning with re-
spect to aircraft on
the surface
Meaning with re-
spect to aircraft in
flight
Steady green ........
Cleared for takeoff
Cleared to land.
Flashing green ......
Cleared to taxi ......
Return for landing
(to be followed
by steady green
at proper time).
Steady red ............
Stop ......................
Give way to other
aircraft and con-
tinue circling.
Flashing red ..........
Taxi clear of run-
way in use.
Airport unsafe—do
not land.
Flashing white ......
Return to starting
point on airport.
Not applicable.
Alternating red and
green.
Exercise extreme
caution.
Exercise extreme
caution.
§ 91.126
Operating on or in the vicinity
of an airport in Class G airspace.
(a)
General. Unless otherwise author-
ized 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 approach-
ing to land at an airport without an op-
erating control tower in Class G air-
space—
(1) Each pilot of an airplane must
make all turns of that airplane to the
left unless the airport displays ap-
proved 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 nec-
essary 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 ap-
proved performance information in the
Airplane Flight Manual for the appli-
cable conditions. However, each pilot
in command has the final authority
and responsibility for the safe oper-
ation of the pilot’s airplane, and may
use a different flap setting for that air-
plane if the pilot determines that it is
necessary in the interest of safety.
(d)
Communications with control tow-
ers. Unless otherwise authorized or re-
quired by ATC, no person may operate
an aircraft to, from, through, or on an
airport having an operational control
tower unless two-way radio commu-
nications are maintained between that
aircraft and the control tower. Commu-
nications 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 fa-
cility having jurisdiction over the
Class E airspace area, each person op-
erating 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 air-
craft must comply with any traffic pat-
terns established for that airport in
part 93 of this chapter.
(c)
Communications with control tow-
ers. Unless otherwise authorized or re-
quired by ATC, no person may operate
an aircraft to, from, through, or on an
airport having an operational control
tower unless two-way radio commu-
nications are maintained between that
aircraft and the control tower. Commu-
nications 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
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§ 91.129
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 air-
space.
(a)
General. Unless otherwise author-
ized or required by the ATC facility
having jurisdiction over the Class D
airspace area, each person operating an
aircraft in Class D airspace must com-
ply 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 pri-
mary 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 devi-
ate from any provision of this section
under the provisions of an ATC author-
ization issued by the ATC facility hav-
ing jurisdiction over the airspace con-
cerned. ATC may authorize a deviation
on a continuing basis or for an indi-
vidual flight, as appropriate.
(c)
Communications. Each person oper-
ating an aircraft in Class D airspace
must meet the following two-way radio
communications requirements:
(1)
Arrival or through flight. Each per-
son must establish two-way radio com-
munications with the ATC facility (in-
cluding foreign ATC in the case of for-
eign airspace designated in the United
States) providing air traffic services
prior to entering that airspace and
thereafter maintain those communica-
tions while within that airspace.
(2)
Departing flight. Each person—
(i) From the primary airport or sat-
ellite airport with an operating control
tower must establish and maintain
two-way radio communications with
the control tower, and thereafter as in-
structed by ATC while operating in the
Class D airspace area; or
(ii) From a satellite airport without
an operating control tower, must es-
tablish 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 per-
son 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) Un-
less required by the applicable dis-
tance-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 fur-
ther descent is required for a safe land-
ing.
(2) Each pilot operating a large or
turbine-powered airplane approaching
to land on a runway served by an in-
strument approach procedure with
vertical guidance, if the airplane is so
equipped, must:
(i) Operate that airplane at an alti-
tude 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, oper-
ate 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 indi-
cator must maintain an altitude at or
above the glide path until a lower alti-
tude is necessary for a safe landing.
(4) Paragraphs (e)(2) and (e)(3) of this
section do not prohibit normal brack-
eting maneuvers above or below the
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14 CFR Ch. I (1–1–24 Edition)
§ 91.130
glide path that are conducted for the
purpose of remaining on the glide path.
(f)
Approaches. Except when con-
ducting 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 op-
erating an airplane; or
(2) Avoid the flow of fixed-wing air-
craft, if operating a helicopter.
(g)
Departures. No person may oper-
ate an aircraft departing from an air-
port except in compliance with the fol-
lowing:
(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 alti-
tude of 1,500 feet above the surface as
rapidly as practicable.
(h)
Noise abatement. Where a formal
runway use program has been estab-
lished 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 oper-
ation 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 op-
erating control tower, operate an air-
craft on a runway or taxiway, or take
off or land an aircraft, unless an appro-
priate 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 air-
space.
(a)
General. Unless otherwise author-
ized 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 des-
ignated. 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 sat-
ellite airport within a Class C airspace
area except in compliance with FAA
arrival and departure traffic patterns.
(c)
Communications. Each person oper-
ating an aircraft in Class C airspace
must meet the following two-way radio
communications requirements:
(1)
Arrival or through flight. Each per-
son must establish two-way radio com-
munications with the ATC facility (in-
cluding foreign ATC in the case of for-
eign airspace designated in the United
States) providing air traffic services
prior to entering that airspace and
thereafter maintain those communica-
tions while within that airspace.
(2)
Departing flight. Each person—
(i) From the primary airport or sat-
ellite airport with an operating control
tower must establish and maintain
two-way radio communications with
the control tower, and thereafter as in-
structed by ATC while operating in the
Class C airspace area; or
(ii) From a satellite airport without
an operating control tower, must es-
tablish 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 hav-
ing jurisdiction over the Class C air-
space 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 devi-
ate from any provision of this section
under the provisions of an ATC author-
ization issued by the ATC facility hav-
ing jurisdiction over the airspace con-
cerned. ATC may authorize a deviation
on a continuing basis or for an indi-
vidual 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]
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§ 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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§ 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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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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14 CFR Ch. I (1–1–24 Edition)
§ 91.141
control system and during which nor-
mal flight operations under this chap-
ter cannot be conducted consistent
with the required levels of safety and
efficiency—
(1) The Administrator issues an im-
mediately effective air traffic rule or
regulation in response to that emer-
gency condition; and
(2) The Administrator or the Asso-
ciate Administrator for Air Traffic
may utilize the NOTAM system to pro-
vide notification of the issuance of the
rule or regulation.
Those NOTAMs communicate informa-
tion concerning the rules and regula-
tions that govern flight operations, the
use of navigation facilities, and des-
ignation of that airspace in which the
rules and regulations apply.
(c) When a NOTAM has been issued
under this section, no person may oper-
ate an aircraft, or other device gov-
erned 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 prox-
imity 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 fig-
ures contrary to the restrictions estab-
lished by the Administrator and pub-
lished in a Notice to Airmen (NOTAM).
§ 91.143
Flight limitation in the prox-
imity 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 cer-
tificate issued by the Federal Aviation
Administration, within areas des-
ignated 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 condi-
tions.
(a)
Special flight restrictions. When any
information indicates that barometric
pressure on the route of flight cur-
rently 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 No-
tice to Airmen issued under this sec-
tion.
(b)
Waivers. The Administrator is au-
thorized to waive any restriction
issued under paragraph (a) of this sec-
tion to permit emergency supply,
transport, or medical services to be de-
livered 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 oper-
ations in the vicinity of aerial dem-
onstrations 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 prop-
erty on the surface or in the air, to
maintain air safety and efficiency, or
to prevent the unsafe congestion of air-
craft in the vicinity of an aerial dem-
onstration or major sporting event.
These demonstrations and events may
include:
(1) United States Naval Flight Dem-
onstration Team (Blue Angels);
(2) United States Air Force Air Dem-
onstration 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;
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§ 91.146
(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 fol-
lowing 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 per-
formance aircraft.
(10) Impact on non-participating air-
craft.
(11) Weather minimums.
(12) Emergency procedures that will
be in effect.
(c) A NOTAM issued under this sec-
tion 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 proce-
dures 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 des-
ignated airspace area, except in accord-
ance 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 air-
craft will vary depending on the aerial
demonstration and the factors listed in
paragraph (b) of this section. The re-
stricted 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 air-
craft 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 main-
tain air safety and efficiency, or to pre-
vent the unsafe congestion of aircraft
will vary depending on the size of the
event and the factors listed in para-
graph (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 sec-
tion 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 Admin-
istrator may exclude the following
flights from the provisions of this sec-
tion:
(1) Essential military.
(2) Medical and rescue.
(3) Presidential and Vice Presi-
dential.
(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, non-
profit, 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 chari-
table organization recognized by the
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§ 91.146
Department of the Treasury whose do-
nors 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 char-
itable 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 pro-
motion of aviation safety.
(b) Passenger-carrying flights in air-
planes, powered-lift, or rotorcraft for
the benefit of a charitable, nonprofit,
or community event identified in para-
graph (c) of this section are not subject
to the certification requirements of
part 119 of this chapter or the drug and
alcohol testing requirements in part
120 of this chapter, provided the fol-
lowing conditions are satisfied and the
limitations in paragraphs (c) and (d) of
this section are not exceeded:
(1) The flight is nonstop and begins
and ends at the same airport and is
conducted within a 25-statute mile ra-
dius of that airport;
(2) The flight is conducted from a
public airport that is adequate for the
aircraft used, or from another location
the FAA approves for the operation;
(3) The aircraft 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 aircraft holds a standard air-
worthiness 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 aircraft 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 ac-
cordance 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 op-
erator has secured a letter of agree-
ment 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 se-
ries of flights are limited to one com-
munity event per year, with no event
lasting more than three consecutive
days.
(d) Pilots and sponsors of events de-
scribed 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 de-
scribed in this section must furnish to
the responsible Flight Standards office
for the area where the event is sched-
uled:
(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 cal-
endar year;
(2) A photocopy of each pilot in com-
mand’s pilot certificate, medical cer-
tificate, 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 par-
ticipated 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; Docket
No. FAA–2022–1563; Amdt. Nos. 91–370, 88 FR
48087, July 26, 2023]
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§ 91.153
§ 91.147
Passenger carrying flights for
compensation or hire.
Each Operator conducting passenger-
carrying flights for compensation or
hire must meet the following require-
ments unless all flights are conducted
under § 91.146.
(a) For the purposes of this section
and for drug and alcohol testing,
Oper-
ator means any person conducting non-
stop passenger-carrying flights in an
airplane, powered-lift, or rotorcraft 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 con-
ducted within a 25-statute mile radius
of that airport.
(b) An Operator must comply with
the safety provisions of part 136, sub-
part 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 fol-
lowing 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 dif-
ferent 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 Author-
ization 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; Docket No.
FAA–2022–1563; Amdt. Nos. 91–370, 88 FR
48087, July 26, 2023]
§§ 91.148–91.149
[Reserved]
V
ISUAL
F
LIGHT
R
ULES
§ 91.151
Fuel requirements for flight in
VFR conditions.
(a) No person may begin a flight in
an airplane under VFR conditions un-
less (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 other-
wise authorized by ATC, each person
filing a VFR flight plan shall include in
it the following information:
(1) The aircraft identification num-
ber 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 air-
craft in the formation.
(3) The full name and address of the
pilot in command or, in the case of a
formation flight, the formation com-
mander.
(4) The point and proposed time of de-
parture.
(5) The proposed route, cruising alti-
tude (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 air-
craft, 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.
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14 CFR Ch. I (1–1–24 Edition)
§ 91.155
(b)
Cancellation. When a flight plan
has been activated, the pilot in com-
mand, 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 per-
son 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 cor-
responding altitude and class of air-
space in the following table:
Airspace Flight
visibility
Distance from
clouds
Class A ....................
Not Applicable ....
Not Applicable.
Class B ....................
3 statute miles ....
Clear of Clouds.
Class C ....................
3 statute miles ....
500 feet below.
.............................
1,000 feet above.
.............................
2,000 feet hori-
zontal.
Class D ....................
3 statute miles ....
500 feet below.
.............................
1,000 feet above.
.............................
2,000 feet hori-
zontal.
Class E:
Less than
10,000 feet
MSL.
3 statute miles ....
500 feet below.
.............................
1,000 feet above.
.............................
2,000 feet hori-
zontal.
At or above
10,000 feet
MSL.
5 statute miles ....
1,000 feet below.
.............................
1,000 feet above.
.............................
1 statute mile hor-
izontal.
Class G:
1,200 feet or
less above
the surface
(regardless of
MSL altitude)
For aircraft other
than helicopters:
Day, except as
provided in
§ 91.155(b).
1 statute mile ......
Clear of clouds.
Night, except as
provided in
§ 91.155(b).
3 statute miles ....
500 feet below.
.............................
1,000 feet above.
.............................
2,000 feet hori-
zontal.
For helicopters:
Day ...................
1
⁄
2
statute mile ....
Clear of clouds
Night, except as
provided in
§ 91.155(b).
1 statute mile ......
Clear of clouds.
More than 1,200
feet above the
surface but
less than
10,000 feet
MSL
Day ............
1 statute mile ......
500 feet below.
Airspace Flight
visibility
Distance from
clouds
.............................
1,000 feet above.
.............................
2,000 feet hori-
zontal.
Night ..........
3 statute miles ....
500 feet below.
.............................
1,000 feet above.
.............................
2,000 feet hori-
zontal.
More than 1,200
feet above the
surface and at
or above
10,000 feet
MSL.
5 statute miles ....
1,000 feet below.
.............................
1,000 feet above.
.............................
1 statute mile hor-
izontal.
(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 op-
erated clear of clouds in an airport
traffic pattern within
1
⁄
2
mile of the
runway or helipad of intended landing
if the flight visibility is not less than
1
⁄
2
statute mile.
(2)
Airplane, powered parachute, or
weight-shift-control aircraft. If the visi-
bility 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
1
⁄
2
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 lat-
eral 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, with-
in the lateral boundaries of the surface
areas of Class B, Class C, Class D, or
Class E airspace designated for an air-
port—
(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 op-
erating in the traffic pattern is at least
3 statute miles.
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§ 91.161
(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 mini-
mums.
(a) Except as provided in appendix D,
section 3, of this part, special VFR op-
erations may be conducted under the
weather minimums and requirements
of this section, instead of those con-
tained in § 91.155, below 10,000 feet MSL
within the airspace contained by the
upward extension of the lateral bound-
aries of the controlled airspace des-
ignated 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 less below the
horizon) unless—
(i) The person being granted the ATC
clearance meets the applicable require-
ments for instrument flight under part
61 of this chapter; and
(ii) The aircraft is equipped as re-
quired 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 re-
ported, unless flight visibility is at
least 1 statute mile. For the purposes
of this paragraph, the term flight visi-
bility includes the visibility from the
cockpit of an aircraft in takeoff posi-
tion 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 capa-
bilities.
(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; Docket No. FAA–2022–1355, Amdt. No.
91–366, 87 FR 75846, Dec. 9, 2022]
§ 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 air-
craft 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 de-
grees 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 de-
grees 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 re-
quired 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 com-
pletion.
(b)
Special Awareness Training. The
Special Awareness Training consists of
information to educate pilots about the
procedures for flying in the Wash-
ington, DC area and, more generally, in
other types of special use airspace.
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14 CFR Ch. I (1–1–24 Edition)
§§ 91.162–91.165
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 Adminis-
tration.
(d)
Emergency declared. The failure to
complete the Special Awareness Train-
ing 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 communica-
tions when operating under IFR as de-
scribed 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]
I
NSTRUMENT
F
LIGHT
R
ULES
§ 91.167
Fuel requirements for flight in
IFR conditions.
(a) No person may operate a civil air-
craft in IFR conditions unless it car-
ries enough fuel (considering weather
reports and forecasts and weather con-
ditions) 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 heli-
copters, 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 proce-
dure to, or a special instrument ap-
proach 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 ar-
rival, 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 air-
port 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 other-
wise 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 proce-
dure to, or a special instrument ap-
proach 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 ar-
rival, the ceiling will be at least 2,000
feet above the airport elevation and
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§ 91.171
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 air-
port 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 mini-
ma. Unless otherwise authorized by the
Administrator, no person may include
an alternate airport in an IFR flight
plan unless appropriate weather re-
ports or weather forecasts, or a com-
bination of them, indicate that, at the
estimated time of arrival at the alter-
nate airport, the ceiling and visibility
at that airport will be at or above the
following weather minima:
(1) If an instrument approach proce-
dure 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 speci-
fied the following standard approach
minima:
(A)
For a precision approach procedure.
Ceiling 600 feet and visibility 2 statute
miles.
(B)
For a nonprecision approach proce-
dure. 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 proce-
dure 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 com-
mand, 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 air-
craft under IFR using the VOR system
of radio navigation unless the VOR
equipment of that aircraft—
(1) Is maintained, checked, and in-
spected 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 sec-
tion.
(b) Except as provided in paragraph
(c) of this section, each person con-
ducting a VOR check under paragraph
(a)(2) of this section shall—
(1) Use, at the airport of intended de-
parture, 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 max-
imum permissible indicated bearing
error is plus or minus 4 degrees); or
(2) Use, at the airport of intended de-
parture, a point on the airport surface
designated as a VOR system check-
point by the Administrator, or, outside
the United States, by an appropriate
authority (the maximum permissible
bearing error is plus or minus 4 de-
grees);
(3) If neither a test signal nor a des-
ignated checkpoint on the surface is
available, use an airborne checkpoint
designated by the Administrator or,
outside the United States, by an appro-
priate authority (the maximum per-
missible 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
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14 CFR Ch. I (1–1–24 Edition)
§ 91.173
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 vari-
ation between the published radial and
the indicated bearing is 6 degrees).
(c) If dual system VOR (units inde-
pendent 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 sec-
tion. 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 para-
graph (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 ra-
diated by a repair station, as specified
in paragraph (b)(1) of this section, is
used, an entry must be made in the air-
craft log or other record by the repair
station certificate holder or the certifi-
cate holder’s representative certifying
to the bearing transmitted by the re-
pair 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 air-
ports. 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 para-
graph does not apply to United States
military aircraft.
(b)
Authorized DA/DH or MDA. For the
purpose of this section, when the ap-
proach 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 ap-
plicable, no pilot may operate an air-
craft, 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 un-
less that descent rate will allow touch-
down 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 Cat-
egory III approach where any necessary
visual reference requirements are spec-
ified by the Administrator, at least one
of the following visual references for
the intended runway is distinctly visi-
ble and identifiable to the pilot:
(i) The approach light system, except
that the pilot may not descend below
100 feet above the touchdown zone ele-
vation 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 touch-
down zone markings.
(viii) The touchdown zone lights.
(ix) The runway or runway markings.
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§ 91.175
(x) The runway lights.
(d)
Landing. No pilot operating an
aircraft, except a military aircraft of
the United States, may land that air-
craft 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 vis-
ibility prescribed in the standard in-
strument 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 appro-
priate missed approach procedure when
either of the following conditions exist:
(1) Whenever operating an aircraft
pursuant to paragraph (c) of this sec-
tion or § 91.176 of this part, and the re-
quirements of that paragraph or sec-
tion are not met at either of the fol-
lowing times:
(i) When the aircraft is being oper-
ated below MDA; or
(ii) Upon arrival at the missed ap-
proach point, including a DA/DH where
a DA/DH is specified and its use is re-
quired, 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 air-
port 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 heli-
copters, having two engines or less—1
statute mile visibility.
(ii) For aircraft having more than
two engines—
1
⁄
2
statute mile visibility.
(iii) For helicopters—
1
⁄
2
statute mile
visibility.
(3) Except as provided in paragraph
(f)(4) of this section, no pilot may take-
off under IFR from a civil airport hav-
ing published obstacle departure proce-
dures (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 as-
signed 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 opera-
tors, the pilot uses a takeoff obstacle
clearance or avoidance procedure that
ensures compliance with the applicable
airplane performance operating limita-
tions requirements under part 121, sub-
part 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 com-
pliance 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 ap-
proach 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 sec-
tion and shall be the visibility min-
imum for takeoff or landing on that
runway.
(2)
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14 CFR Ch. I (1–1–24 Edition)
§ 91.176
RVR (feet)
Visibility
(statute
miles)
1,600 ..................................................................
1
⁄
4
2,400 ..................................................................
1
⁄
2
3,200 ..................................................................
5
⁄
8
4,000 ..................................................................
3
⁄
4
4,500 ..................................................................
7
⁄
8
5,000 ..................................................................
1
6,000 ..................................................................
1
1
⁄
4
(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 ap-
plicable, but also may be used in con-
junction 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 com-
plying 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 ap-
proach procedure unless a different al-
titude is assigned by ATC. After the
aircraft is so established, published al-
titudes apply to descent within each
succeeding route or approach segment
unless a different altitude is assigned
by ATC. Upon reaching the final ap-
proach course or fix, the pilot may ei-
ther complete the instrument approach
in accordance with a procedure ap-
proved for the facility or continue a
surveillance or precision radar ap-
proach to a landing.
(j)
Limitation on procedure turns. In
the case of a radar vector to a final ap-
proach 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 compo-
nents of an ILS are the localizer, glide
slope, and outer marker, and, when in-
stalled for use with Category II or Cat-
egory III instrument approach proce-
dures, an inner marker. The following
means may be used to substitute for
the outer marker: Compass locator;
precision approach radar (PAR) or air-
port 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 de-
termined by the appropriate 14 CFR
part 97 approach procedure, letter of
authorization, or operations specifica-
tions 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 en-
hanced 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 un-
less paragraph (d) of this section ap-
plies, no person may conduct an EFVS
operation in an aircraft, except a mili-
tary 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 require-
ments are met:
(1)
Equipment. (i) The aircraft must
be equipped with an operable EFVS
that meets the applicable airworthi-
ness requirements. The EFVS must:
(A) Have an electronic means to pro-
vide a display of the forward external
scene topography (the applicable nat-
ural 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, in-
cluding 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 im-
agery, information and symbology are
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§ 91.176
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 pro-
vided by a radio altimeter or other de-
vice capable of providing equivalent
performance, command guidance as ap-
propriate 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 dis-
play flare prompt or flare guidance.
(C) Present the displayed EFVS sen-
sor imagery, attitude symbology, flight
path vector, and flight path angle ref-
erence 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 ref-
erence 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 im-
agery, aircraft flight information, and
flight symbology such that they do not
adversely obscure the pilot’s outside
view or field of view through the cock-
pit window.
(F) Have display characteristics, dy-
namics, 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 dis-
play that provides the pilot monitoring
with EFVS sensor imagery. Any sym-
bology displayed may not adversely ob-
scure the sensor imagery of the runway
environment.
(2)
Operations. (i) The pilot con-
ducting the EFVS operation may not
use circling minimums.
(ii) Each required pilot flightcrew
member must have adequate knowl-
edge of, and familiarity with, the air-
craft, 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 equip-
ment 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 mon-
itor 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 touch-
down zone of the runway of intended
landing.
(vii) Each required pilot flightcrew
member must meet the following re-
quirements—
(A) A person exercising the privileges
of a pilot certificate issued under this
chapter, any person serving as a re-
quired 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 oper-
ator, must be qualified in accordance
with part 61 and, as applicable, the
training, testing, and qualification pro-
visions 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 reg-
istered aircraft, must be qualified in
accordance with the training require-
ments 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 oper-
ation in accordance with a letter of au-
thorization for the use of EFVS unless
the operation is conducted in an air-
craft that has been issued an experi-
mental 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
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14 CFR Ch. I (1–1–24 Edition)
§ 91.176
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 authoriza-
tion must submit an application in a
form and manner prescribed by the Ad-
ministrator.
(ix) A person conducting operations
under subpart K of this part must con-
duct 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 chap-
ter must conduct the operation in ac-
cordance 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 author-
izing the use of EFVS or, for a holder
of a part 125 letter of deviation author-
ity, a letter of authorization for the
use of EFVS.
(xii) A person conducting an EFVS
operation during an authorized Cat-
egory II or Category III operation must
conduct the operation in accordance
with operations specifications, man-
agement specifications, or a letter of
authorization authorizing EFVS oper-
ations during authorized Category II or
Category III operations.
(3)
Visibility and visual reference re-
quirements. 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 en-
hanced flight visibility observed by use
of an EFVS is not less than the visi-
bility prescribed in the instrument ap-
proach procedure being used.
(ii) From the authorized DA/DH to
100 feet above the touchdown zone ele-
vation of the runway of intended land-
ing, any approach light system or both
the runway threshold and the touch-
down zone are distinctly visible and
identifiable to the pilot using an
EFVS.
(A) The pilot must identify the run-
way threshold using at least one of the
following visual references—
(
1) The beginning of the runway land-
ing 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 land-
ing 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 in-
tended landing and below that altitude,
the enhanced flight visibility using
EFVS must be sufficient for one of the
following visual references to be dis-
tinctly visible and identifiable to the
pilot—
(A) The runway threshold;
(B) The lights or markings of the
threshold;
(C) The runway touchdown zone land-
ing surface; or
(D) The lights or markings of the
touchdown zone.
(4)
Additional requirements. The Ad-
ministrator may prescribe additional
equipment, operational, and visibility
and visual reference requirements to
account for specific equipment charac-
teristics, operational procedures, or ap-
proach characteristics. These require-
ments will be specified in an operator’s
operations specifications, management
specifications, or letter of authoriza-
tion authorizing the use of EFVS.
(b)
EFVS operations to 100 feet above
the touchdown zone elevation. Except as
specified in paragraph (d) of this sec-
tion, no person may conduct an EFVS
operation in an aircraft, except a mili-
tary aircraft of the United States, at
any airport below the authorized DA/
DH or MDA to 100 feet above the touch-
down zone elevation unless the fol-
lowing requirements are met:
(1)
Equipment. (i) The aircraft must
be equipped with an operable EFVS
that meets the applicable airworthi-
ness requirements.
(ii) The EFVS must meet the require-
ments 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 con-
ducting the EFVS operation may not
use circling minimums.
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§ 91.176
(ii) Each required pilot flightcrew
member must have adequate knowl-
edge of, and familiarity with, the air-
craft, 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 equip-
ment 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 de-
scent 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 re-
quirements—
(A) A person exercising the privileges
of a pilot certificate issued under this
chapter, any person serving as a re-
quired 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 oper-
ator, must be qualified in accordance
with part 61 and, as applicable, the
training, testing, and qualification pro-
visions 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 reg-
istered aircraft, must be qualified in
accordance with the training require-
ments 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 con-
duct 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 chap-
ter must conduct the operation in ac-
cordance 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 author-
izing the use of EFVS or, for a holder
of a part 125 letter of deviation author-
ity, a letter of authorization for the
use of EFVS.
(x) A person conducting an EFVS op-
eration during an authorized Category
II or Category III operation must con-
duct the operation in accordance with
operations specifications, management
specifications, or a letter of authoriza-
tion authorizing EFVS operations dur-
ing authorized Category II or Category
III operations.
(3)
Visibility and Visual Reference Re-
quirements. 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 au-
thorized DA/DH and land unless:
(i) The pilot determines that the en-
hanced flight visibility observed by use
of an EFVS is not less than the visi-
bility prescribed in the instrument ap-
proach procedure being used.
(ii) From the authorized MDA or DA/
DH to 100 feet above the touchdown
zone elevation of the runway of in-
tended landing, any approach light sys-
tem or both the runway threshold and
the touchdown zone are distinctly visi-
ble and identifiable to the pilot using
an EFVS.
(A) The pilot must identify the run-
way threshold using at least one of the
following visual references–
(
1) The beginning of the runway land-
ing 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 land-
ing 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 in-
tended landing and below that altitude,
the flight visibility must be sufficient
for one of the following visual ref-
erences to be distinctly visible and
identifiable to the pilot without reli-
ance on the EFVS—
(A) The runway threshold;
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14 CFR Ch. I (1–1–24 Edition)
§ 91.177
(B) The lights or markings of the
threshold;
(C) The runway touchdown zone land-
ing 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 re-
quirements 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 re-
quirements 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 deter-
mined that the operations can be con-
ducted safely in accordance with oper-
ating limitations issued for that pur-
pose.
[Docket FAA–2013–0485, Amdt. 91–345, 81 FR
90172, Dec. 13, 2016; 82 FR 2193, Jan. 9, 2017]
§ 91.177
Minimum altitudes for IFR op-
erations.
(a)
Operation of aircraft at minimum al-
titudes. Except when necessary for
takeoff or landing, or unless otherwise
authorized by the FAA, no person may
operate an aircraft under IFR below—
(1) The applicable minimum altitudes
prescribed in parts 95 and 97 of this
chapter. However, if both a MEA and a
MOCA are prescribed for a particular
route or route segment, a person may
operate an aircraft below the MEA
down to, but not below, the MOCA, pro-
vided the applicable navigation signals
are available. For aircraft using VOR
for navigation, this applies only when
the aircraft is within 22 nautical miles
of that VOR (based on the reasonable
estimate by the pilot operating the air-
craft of that distance); or
(2) If no applicable minimum altitude
is prescribed in parts 95 and 97 of this
chapter, then—
(i) In the case of operations over an
area designated as a mountainous area
in part 95 of this chapter, an altitude of
2,000 feet above the highest obstacle
within a horizontal distance of 4 nau-
tical miles from the course to be flown;
or
(ii) In any other case, an altitude of
1,000 feet above the highest obstacle
within a horizontal distance of 4 nau-
tical miles from the course to be flown.
(b)
Climb. Climb to a higher minimum
IFR altitude shall begin immediately
after passing the point beyond which
that minimum altitude applies, except
that when ground obstructions inter-
vene, the point beyond which that
higher minimum altitude applies shall
be crossed at or above the applicable
MCA.
[Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as
amended by Amdt. 91–296, 72 FR 31678, June
7, 2007; Amdt. 91–315, 75 FR 30690, June 2, 2010]
§ 91.179
IFR cruising altitude or flight
level.
Unless otherwise authorized by ATC,
the following rules apply—
(a)
In controlled airspace. Each person
operating an aircraft under IFR in
level cruising flight in controlled air-
space shall maintain the altitude or
flight level assigned that aircraft by
ATC. However, if the ATC clearance as-
signs ‘‘VFR conditions on-top,’’ that
person shall maintain an altitude or
flight level as prescribed by § 91.159.
(b)
In uncontrolled airspace. Except
while in a holding pattern of 2 minutes
or less or while turning, each person
operating an aircraft under IFR in
level cruising flight in uncontrolled
airspace shall maintain an appropriate
altitude as follows:
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§ 91.183
(1) When operating below 18,000 feet
MSL and—
(i) On a magnetic course of zero de-
grees through 179 degrees, any odd
thousand foot MSL altitude (such as
3,000, 5,000, or 7,000); or
(ii) On a magnetic course of 180 de-
grees through 359 degrees, any even
thousand foot MSL altitude (such as
2,000, 4,000, or 6,000).
(2) When operating at or above 18,000
feet MSL but below flight level 290,
and—
(i) On a magnetic course of zero de-
grees through 179 degrees, any odd
flight level (such as 190, 210, or 230); or
(ii) On a magnetic course of 180 de-
grees through 359 degrees, any even
flight level (such as 180, 200, or 220).
(3) When operating at flight level 290
and above in non-RVSM airspace, and—
(i) On a magnetic course of zero de-
grees through 179 degrees, any flight
level, at 4,000-foot intervals, beginning
at and including flight level 290 (such
as flight level 290, 330, or 370); or
(ii) On a magnetic course of 180 de-
grees through 359 degrees, any flight
level, at 4,000-foot intervals, beginning
at and including flight level 310 (such
as flight level 310, 350, or 390).
(4) When operating at flight level 290
and above in airspace designated as Re-
duced Vertical Separation Minimum
(RVSM) airspace and—
(i) On a magnetic course of zero de-
grees through 179 degrees, any odd
flight level, at 2,000-foot intervals be-
ginning at and including flight level 290
(such as flight level 290, 310, 330, 350,
370, 390, 410); or
(ii) On a magnetic course of 180 de-
grees through 359 degrees, any even
flight level, at 2000-foot intervals be-
ginning at and including flight level 300
(such as 300, 320, 340, 360, 380, 400).
[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; Amdt. 91–
296, 72 FR 31679, June 7, 2007]
§ 91.180
Operations within airspace
designated as Reduced Vertical
Separation Minimum airspace.
(a) Except as provided in paragraph
(b) of this section, no person may oper-
ate a civil aircraft in airspace des-
ignated as Reduced Vertical Separa-
tion Minimum (RVSM) airspace unless:
(1) The operator and the operator’s
aircraft comply with the minimum
standards of appendix G of this part;
and
(2) The operator is authorized by the
Administrator or the country of reg-
istry to conduct such operations.
(b) The Administrator may authorize
a deviation from the requirements of
this section.
[Amdt. 91–276, 68 FR 70133, Dec. 17, 2003]
§ 91.181
Course to be flown.
Unless otherwise authorized by ATC,
no person may operate an aircraft
within controlled airspace under IFR
except as follows:
(a) On an ATS route, along the cen-
terline of that airway.
(b) On any other route, along the di-
rect course between the navigational
aids or fixes defining that route. How-
ever, this section does not prohibit ma-
neuvering the aircraft to pass well
clear of other air traffic or the maneu-
vering of the aircraft in VFR condi-
tions to clear the intended flight path
both before and during climb or de-
scent.
[Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as
amended by Amdt. 91–296, 72 FR 31679, June
7, 2007]
§ 91.183
IFR communications.
Unless otherwise authorized by ATC,
the pilot in command of each aircraft
operated under IFR in controlled air-
space must ensure that a continuous
watch is maintained on the appropriate
frequency and must report the fol-
lowing as soon as possible—
(a) The time and altitude of passing
each designated reporting point, or the
reporting points specified by ATC, ex-
cept that while the aircraft is under
radar control, only the passing of those
reporting points specifically requested
by ATC need be reported;
(b) Any unforecast weather condi-
tions encountered; and
(c) Any other information relating to
the safety of flight.
[Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as
amended by Amdt. 91–296, 72 FR 31679, June
7, 2007]
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§ 91.185
§ 91.185
IFR operations: Two-way
radio communications failure.
(a)
General. Unless otherwise author-
ized by ATC, each pilot who has two-
way radio communications failure
when operating under IFR shall comply
with the rules of this section.
(b)
VFR conditions. If the failure oc-
curs in VFR conditions, or if VFR con-
ditions are encountered after the fail-
ure, each pilot shall continue the flight
under VFR and land as soon as prac-
ticable.
(c)
IFR conditions. If the failure oc-
curs in IFR conditions, or if paragraph
(b) of this section cannot be complied
with, each pilot shall continue the
flight according to the following:
(1)
Route. (i) By the route assigned in
the last ATC clearance received;
(ii) If being radar vectored, by the di-
rect route from the point of radio fail-
ure to the fix, route, or airway speci-
fied in the vector clearance;
(iii) In the absence of an assigned
route, by the route that ATC has ad-
vised may be expected in a further
clearance; or
(iv) In the absence of an assigned
route or a route that ATC has advised
may be expected in a further clearance,
by the route filed in the flight plan.
(2)
Altitude. At the highest of the fol-
lowing altitudes or flight levels for the
route segment being flown:
(i) The altitude or flight level as-
signed in the last ATC clearance re-
ceived;
(ii) The minimum altitude (con-
verted, if appropriate, to minimum
flight level as prescribed in § 91.121(c))
for IFR operations; or
(iii) The altitude or flight level ATC
has advised may be expected in a fur-
ther clearance.
(3)
Leave clearance limit. (i) When the
clearance limit is a fix from which an
approach begins, commence descent or
descent and approach as close as pos-
sible to the expect-further-clearance
time if one has been received, or if one
has not been received, as close as pos-
sible to the estimated time of arrival
as calculated from the filed or amended
(with ATC) estimated time en route.
(ii) If the clearance limit is not a fix
from which an approach begins, leave
the clearance limit at the expect-fur-
ther-clearance time if one has been re-
ceived, or if none has been received,
upon arrival over the clearance limit,
and proceed to a fix from which an ap-
proach begins and commence descent
or descent and approach as close as
possible to the estimated time of ar-
rival as calculated from the filed or
amended (with ATC) estimated time en
route.
[Doc. No. 18334, 54 FR 34294, Aug. 18, 1989;
Amdt. 91–211, 54 FR 41211, Oct. 5, 1989]
§ 91.187
Operation under IFR in con-
trolled airspace: Malfunction re-
ports.
(a) The pilot in command of each air-
craft operated in controlled airspace
under IFR shall report as soon as prac-
tical to ATC any malfunctions of navi-
gational, approach, or communication
equipment occurring in flight.
(b) In each report required by para-
graph (a) of this section, the pilot in
command shall include the—
(1) Aircraft identification;
(2) Equipment affected;
(3) Degree to which the capability of
the pilot to operate under IFR in the
ATC system is impaired; and
(4) Nature and extent of assistance
desired from ATC.
§ 91.189
Category II and III operations:
General operating rules.
(a) No person may operate a civil air-
craft in a Category II or III operation
unless—
(1) The flight crew of the aircraft
consists of a pilot in command and a
second in command who hold the ap-
propriate authorizations and ratings
prescribed in § 61.3 of this chapter;
(2) Each flight crewmember has ade-
quate knowledge of, and familiarity
with, the aircraft and the procedures to
be used; and
(3) The instrument panel in front of
the pilot who is controlling the aircraft
has appropriate instrumentation for
the type of flight control guidance sys-
tem that is being used.
(b) Unless otherwise authorized by
the Administrator, no person may op-
erate a civil aircraft in a Category II or
Category III operation unless each
ground component required for that op-
eration and the related airborne equip-
ment is installed and operating.
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§ 91.191
(c)
Authorized DA/DH. For the pur-
pose of this section, when the approach
procedure being used provides for and
requires the use of a DA/DH, the au-
thorized DA/DH is the highest of the
following:
(1) The DA/DH prescribed by the ap-
proach procedure.
(2) The DA/DH prescribed for the
pilot in command.
(3) The DA/DH for which the aircraft
is equipped.
(d) Except as provided in § 91.176 of
this part or unless otherwise author-
ized by the Administrator, no pilot op-
erating an aircraft in a Category II or
Category III approach that provides
and requires the use of a DA/DH may
continue the approach below the au-
thorized decision height unless the fol-
lowing conditions are met:
(1) The aircraft is in a position from
which a descent to a landing on the in-
tended runway can be made at a nor-
mal rate of descent using normal ma-
neuvers, and where that descent rate
will allow touchdown to occur within
the touchdown zone of the runway of
intended landing.
(2) At least one of the following vis-
ual 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 ele-
vation 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 touchdown zone or touch-
down zone markings.
(vi) The touchdown zone lights.
(e) Except as provided in § 91.176 of
this part or unless otherwise author-
ized by the Administrator, each pilot
operating an aircraft shall imme-
diately execute an appropriate missed
approach whenever, prior to touch-
down, the requirements of paragraph
(d) of this section are not met.
(f) No person operating an aircraft
using a Category III approach without
decision height may land that aircraft
except in accordance with the provi-
sions of the letter of authorization
issued by the Administrator.
(g) Paragraphs (a) through (f) of this
section do not apply to operations con-
ducted by certificate holders operating
under part 121, 125, 129, or 135 of this
chapter, or holders of management
specifications issued in accordance
with subpart K of this part. Holders of
operations specifications or manage-
ment specifications may operate a civil
aircraft in a Category II or Category
III operation only in accordance with
their operations specifications or man-
agement specifications, as applicable.
[Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as
amended by Amdt. 91–280, 68 FR 54560, Sept.
17, 2003; Amdt. 91–296, 72 FR 31679, June 7,
2007; Docket FAA–2013–0485, Amdt. 91–345, 81
FR 90175, Dec. 13, 2016]
§ 91.191
Category II and Category III
manual.
(a) Except as provided in paragraph
(c) of this section, after August 4, 1997,
no person may operate a U.S.-reg-
istered civil aircraft in a Category II or
a Category III operation unless—
(1) There is available in the aircraft a
current and approved Category II or
Category III manual, as appropriate,
for that aircraft;
(2) The operation is conducted in ac-
cordance with the procedures, instruc-
tions, and limitations in the appro-
priate manual; and
(3) The instruments and equipment
listed in the manual that are required
for a particular Category II or Cat-
egory III operation have been inspected
and maintained in accordance with the
maintenance program contained in the
manual.
(b) Each operator must keep a cur-
rent copy of each approved manual at
its principal base of operations and
must make each manual available for
inspection upon request by the Admin-
istrator.
(c) This section does not apply to op-
erations conducted by a certificate
holder operating under part 121 or part
135 of this chapter or a holder of man-
agement specifications issued in ac-
cordance with subpart K of this part.
[Doc. No. 26933, 61 FR 34560, July 2, 1996, as
amended by Amdt. 91–280, 68 FR 54560, Sept.
17, 2003]
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14 CFR Ch. I (1–1–24 Edition)
§ 91.193
§ 91.193
Certificate of authorization
for certain Category II operations.
The Administrator may issue a cer-
tificate of authorization authorizing
deviations from the requirements of
§§ 91.189, 91.191, and 91.205(f) for the op-
eration of small aircraft identified as
Category A aircraft in § 97.3 of this
chapter in Category II operations if the
Administrator finds that the proposed
operation can be safely conducted
under the terms of the certificate.
Such authorization does not permit op-
eration of the aircraft carrying persons
or property for compensation or hire.
§§ 91.195–91.199
[Reserved]
Subpart C—Equipment, Instru-
ment, and Certificate Re-
quirements
S
OURCE
: Docket No. 18334, 54 FR 34304, Aug.
18, 1989, unless otherwise noted.
§ 91.201
[Reserved]
§ 91.203
Civil aircraft: Certifications
required.
(a) Except as provided in § 91.715, no
person may operate a civil aircraft un-
less it has within it the following:
(1) An appropriate and current air-
worthiness certificate. Each U.S. air-
worthiness certificate used to comply
with this subparagraph (except a spe-
cial flight permit, a copy of the appli-
cable operations specifications issued
under § 21.197(c) of this chapter, appro-
priate sections of the air carrier man-
ual required by parts 121 and 135 of this
chapter containing that portion of the
operations specifications issued under
§ 21.197(c), or an authorization under
§ 91.611) must have on it the registra-
tion number assigned to the aircraft
under part 47 or 48 of this chapter.
However, the airworthiness certificate
need not have on it an assigned special
identification number before 10 days
after that number is first affixed to the
aircraft. A revised airworthiness cer-
tificate having on it an assigned spe-
cial identification number, that has
been affixed to an aircraft, may only be
obtained upon application to the re-
sponsible Flight Standards office.
(2) An effective U.S. registration cer-
tificate issued to its owner or, for oper-
ation within the United States, the
second copy of the Aircraft registra-
tion Application as provided for in
§ 47.31(c), a Certificate of Aircraft reg-
istration as provided in part 48, or a
registration certification issued under
the laws of a foreign country.
(b) No person may operate a civil air-
craft unless the airworthiness certifi-
cate required by paragraph (a) of this
section or a special flight authoriza-
tion issued under § 91.715 is displayed at
the cabin or cockpit entrance so that it
is legible to passengers or crew.
(c) No person may operate an aircraft
with a fuel tank installed within the
passenger compartment or a baggage
compartment unless the installation
was accomplished pursuant to part 43
of this chapter, and a copy of FAA
Form 337 authorizing that installation
is on board the aircraft.
(d) No person may operate a civil air-
plane (domestic or foreign) into or out
of an airport in the United States un-
less it complies with the fuel venting
and exhaust emissions requirements of
part 34 of this chapter.
[Doc. No. 18334, 54 FR 34292, Aug. 18, 1989, as
amended by Amdt. 91–218, 55 FR 32861, Aug.
10, 1990; Amdt. 91–318, 75 FR 41983, July 20,
2010; Amdt. 91–338, 80 FR 78648, Dec. 16, 2015;
Docket FAA–2018–0119, Amdt. 91–350, 83 FR
9171, Mar. 5, 2018; Docket No. FAA–2022–1355,
Amdt. No. 91–366, 87 FR 75846, Dec. 9, 2022]
§ 91.205
Powered civil aircraft with
standard category U.S. airworthi-
ness certificates: Instrument and
equipment requirements.
(a)
General. Except as provided in
paragraphs (c)(3) and (e) of this section,
no person may operate a powered civil
aircraft with a standard category U.S.
airworthiness certificate in any oper-
ation described in paragraphs (b)
through (f) of this section unless that
aircraft contains the instruments and
equipment specified in those para-
graphs (or FAA-approved equivalents)
for that type of operation, and those
instruments and items of equipment
are in operable condition.
(b)
Visual-flight rules (day). For VFR
flight during the day, the following in-
struments and equipment are required:
(1) Airspeed indicator.
(2) Altimeter.
(3) Magnetic direction indicator.
(4) Tachometer for each engine.
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§ 91.205
(5) Oil pressure gauge for each engine
using pressure system.
(6) Temperature gauge for each liq-
uid-cooled engine.
(7) Oil temperature gauge for each
air-cooled engine.
(8) Manifold pressure gauge for each
altitude engine.
(9) Fuel gauge indicating the quan-
tity of fuel in each tank.
(10) Landing gear position indicator,
if the aircraft has a retractable landing
gear.
(11) For small civil airplanes certifi-
cated after March 11, 1996, in accord-
ance with part 23 of this chapter, an
approved aviation red or aviation white
anticollision light system. In the event
of failure of any light of the anti-
collision light system, operation of the
aircraft may continue to a location
where repairs or replacement can be
made.
(12) If the aircraft is operated for hire
over water and beyond power-off glid-
ing distance from shore, approved flo-
tation gear readily available to each
occupant and, unless the aircraft is op-
erating under part 121 of this sub-
chapter, at least one pyrotechnic sig-
naling device. As used in this section,
‘‘shore’’ means that area of the land
adjacent to the water which is above
the high water mark and excludes land
areas which are intermittently under
water.
(13) An approved safety belt with an
approved metal-to-metal latching de-
vice, or other approved restraint sys-
tem for each occupant 2 years of age or
older.
(14) For small civil airplanes manu-
factured after July 18, 1978, an ap-
proved shoulder harness or restraint
system for each front seat. For small
civil airplanes manufactured after De-
cember 12, 1986, an approved shoulder
harness or restraint system for all
seats. Shoulder harnesses installed at
flightcrew stations must permit the
flightcrew member, when seated and
with the safety belt and shoulder har-
ness fastened, to perform all functions
necessary for flight operations. For
purposes of this paragraph—
(i) The date of manufacture of an air-
plane is the date the inspection accept-
ance records reflect that the airplane is
complete and meets the FAA-approved
type design data; and
(ii) A front seat is a seat located at a
flightcrew member station or any seat
located alongside such a seat.
(15) An emergency locator trans-
mitter, if required by § 91.207.
(16) [Reserved]
(17) For rotorcraft manufactured
after September 16, 1992, a shoulder
harness for each seat that meets the
requirements of § 27.2 or § 29.2 of this
chapter in effect on September 16, 1991.
(c)
Visual flight rules (night). For VFR
flight at night, the following instru-
ments and equipment are required:
(1) Instruments and equipment speci-
fied in paragraph (b) of this section.
(2) Approved position lights.
(3) An approved aviation red or avia-
tion white anticollision light system
on all U.S.-registered civil aircraft.
Anticollision light systems initially in-
stalled after August 11, 1971, on aircraft
for which a type certificate was issued
or applied for before August 11, 1971,
must at least meet the anticollision
light standards of part 23, 25, 27, or 29
of this chapter, as applicable, that were
in effect on August 10, 1971, except that
the color may be either aviation red or
aviation white. In the event of failure
of any light of the anticollision light
system, operations with the aircraft
may be continued to a stop where re-
pairs or replacement can be made.
(4) If the aircraft is operated for hire,
one electric landing light.
(5) An adequate source of electrical
energy for all installed electrical and
radio equipment.
(6) One spare set of fuses, or three
spare fuses of each kind required, that
are accessible to the pilot in flight.
(d)
Instrument flight rules. For IFR
flight, the following instruments and
equipment are required:
(1) Instruments and equipment speci-
fied in paragraph (b) of this section,
and, for night flight, instruments and
equipment specified in paragraph (c) of
this section.
(2) Two-way radio communication
and navigation equipment suitable for
the route to be flown.
(3) Gyroscopic rate-of-turn indicator,
except on the following aircraft:
(i) Airplanes with a third attitude in-
strument system usable through flight
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14 CFR Ch. I (1–1–24 Edition)
§ 91.207
attitudes of 360 degrees of pitch and
roll and installed in accordance with
the instrument requirements pre-
scribed in § 121.305(j) of this chapter;
and
(ii) Rotorcraft with a third attitude
instrument system usable through
flight attitudes of
±
80 degrees of pitch
and
±
120 degrees of roll and installed in
accordance with § 29.1303(g) of this
chapter.
(4) Slip-skid indicator.
(5) Sensitive altimeter adjustable for
barometric pressure.
(6) A clock displaying hours, min-
utes, and seconds with a sweep-second
pointer or digital presentation.
(7) Generator or alternator of ade-
quate capacity.
(8) Gyroscopic pitch and bank indi-
cator (artificial horizon).
(9) Gyroscopic direction indicator (di-
rectional gyro or equivalent).
(e)
Flight at and above 24,000 feet MSL
(FL 240). If VOR navigation equipment
is required under paragraph (d)(2) of
this section, no person may operate a
U.S.-registered civil aircraft within the
50 states and the District of Columbia
at or above FL 240 unless that aircraft
is equipped with approved DME or a
suitable RNAV system. When the DME
or RNAV system required by this para-
graph fails at and above FL 240, the
pilot in command of the aircraft must
notify ATC immediately, and then may
continue operations at and above FL
240 to the next airport of intended
landing where repairs or replacement
of the equipment can be made.
(f)
Category II operations. The require-
ments for Category II operations are
the instruments and equipment speci-
fied in—
(1) Paragraph (d) of this section; and
(2) Appendix A to this part.
(g)
Category III operations. The instru-
ments and equipment required for Cat-
egory III operations are specified in
paragraph (d) of this section.
(h)
Night vision goggle operations. For
night vision goggle operations, the fol-
lowing instruments and equipment
must be installed in the aircraft, func-
tioning in a normal manner, and ap-
proved for use by the FAA:
(1) Instruments and equipment speci-
fied in paragraph (b) of this section, in-
struments and equipment specified in
paragraph (c) of this section;
(2) Night vision goggles;
(3) Interior and exterior aircraft
lighting system required for night vi-
sion goggle operations;
(4) Two-way radio communications
system;
(5) Gyroscopic pitch and bank indi-
cator (artificial horizon);
(6) Generator or alternator of ade-
quate capacity for the required instru-
ments and equipment; and
(7) Radar altimeter.
(i)
Exclusions. Paragraphs (f) and (g)
of this section do not apply to oper-
ations conducted by a holder of a cer-
tificate issued under part 121 or part
135 of this chapter.
[Doc. No. 18334, 54 FR 34292, Aug. 18, 1989, as
amended by Amdt. 91–220, 55 FR 43310, Oct.
26, 1990; Amdt. 91–223, 56 FR 41052, Aug. 16,
1991; Amdt. 91–231, 57 FR 42672, Sept. 15, 1992;
Amdt. 91–248, 61 FR 5171, Feb. 9, 1996; Amdt.
91–251, 61 FR 34560, July 2, 1996; Amdt. 91–285,
69 FR 77599, Dec. 27, 2004; Amdt. 91–296, 72 FR
31679, June 7, 2007; Amdt. 91–309, 74 FR 42563,
Aug. 21, 2009; Docket FAA–2015–1621, Amdt.
91–346, 81 FR 96700, Dec. 30, 2016]
§ 91.207
Emergency locator transmit-
ters.
(a) Except as provided in paragraphs
(e) and (f) of this section, no person
may operate a U.S.-registered civil air-
plane unless—
(1) There is attached to the airplane
an approved automatic type emergency
locator transmitter that is in operable
condition for the following operations,
except that after June 21, 1995, an
emergency locator transmitter that
meets the requirements of TSO-C91
may not be used for new installations:
(i) Those operations governed by the
supplemental air carrier and commer-
cial operator rules of parts 121 and 125;
(ii) Charter flights governed by the
domestic and flag air carrier rules of
part 121 of this chapter; and
(iii) Operations governed by part 135
of this chapter; or
(2) For operations other than those
specified in paragraph (a)(1) of this sec-
tion, there must be attached to the air-
plane an approved personal type or an
approved automatic type emergency
locator transmitter that is in operable
condition, except that after June 21,
1995, an emergency locator transmitter
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§ 91.207
that meets the requirements of TSO-
C91 may not be used for new installa-
tions.
(b) Each emergency locator trans-
mitter required by paragraph (a) of this
section must be attached to the air-
plane in such a manner that the prob-
ability of damage to the transmitter in
the event of crash impact is minimized.
Fixed and deployable automatic type
transmitters must be attached to the
airplane as far aft as practicable.
(c) Batteries used in the emergency
locator transmitters required by para-
graphs (a) and (b) of this section must
be replaced (or recharged, if the bat-
teries are rechargeable)—
(1) When the transmitter has been in
use for more than 1 cumulative hour;
or
(2) When 50 percent of their useful
life (or, for rechargeable batteries, 50
percent of their useful life of charge)
has expired, as established by the
transmitter manufacturer under its ap-
proval.
The new expiration date for replacing
(or recharging) the battery must be
legibly marked on the outside of the
transmitter and entered in the aircraft
maintenance record. Paragraph (c)(2)
of this section does not apply to bat-
teries (such as water-activated bat-
teries) that are essentially unaffected
during probable storage intervals.
(d) Each emergency locator trans-
mitter required by paragraph (a) of this
section must be inspected within 12
calendar months after the last inspec-
tion for—
(1) Proper installation;
(2) Battery corrosion;
(3) Operation of the controls and
crash sensor; and
(4) The presence of a sufficient signal
radiated from its antenna.
(e) Notwithstanding paragraph (a) of
this section, a person may—
(1) Ferry a newly acquired airplane
from the place where possession of it
was taken to a place where the emer-
gency locator transmitter is to be in-
stalled; and
(2) Ferry an airplane with an inoper-
ative emergency locator transmitter
from a place where repairs or replace-
ments cannot be made to a place where
they can be made.
No person other than required crew-
members may be carried aboard an air-
plane being ferried under paragraph (e)
of this section.
(f) Paragraph (a) of this section does
not apply to—
(1) Before January 1, 2004, turbojet-
powered aircraft;
(2) Aircraft while engaged in sched-
uled flights by scheduled air carriers;
(3) Aircraft while engaged in training
operations conducted entirely within a
50-nautical mile radius of the airport
from which such local flight operations
began;
(4) Aircraft while engaged in flight
operations incident to design and test-
ing;
(5) New aircraft while engaged in
flight operations incident to their man-
ufacture, preparation, and delivery;
(6) Aircraft while engaged in flight
operations incident to the aerial appli-
cation of chemicals and other sub-
stances for agricultural purposes;
(7) Aircraft certificated by the Ad-
ministrator for research and develop-
ment purposes;
(8) Aircraft while used for showing
compliance with regulations, crew
training, exhibition, air racing, or mar-
ket surveys;
(9) Aircraft equipped to carry not
more than one person.
(10) An aircraft during any period for
which the transmitter has been tempo-
rarily removed for inspection, repair,
modification, or replacement, subject
to the following:
(i) No person may operate the air-
craft unless the aircraft records con-
tain an entry which includes the date
of initial removal, the make, model, se-
rial number, and reason for removing
the transmitter, and a placard located
in view of the pilot to show ‘‘ELT not
installed.’’
(ii) No person may operate the air-
craft more than 90 days after the ELT
is initially removed from the aircraft;
and
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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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§ 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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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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§ 91.219
operating automatic pressure altitude
reporting equipment having a Mode C
capability, the request may be made at
any time.
(2) For operation of an aircraft with
an inoperative transponder to the air-
port of ultimate destination, including
any intermediate stops, or to proceed
to a place where suitable repairs can be
made or both, the request may be made
at any time.
(3) For operation of an aircraft that
is not equipped with a transponder, the
request must be made at least one hour
before the proposed operation.
(e)
Unmanned aircraft. (1) The require-
ments of paragraph (b) of this section
do not apply to a person operating an
unmanned aircraft under this part un-
less the operation is conducted under a
flight plan and the person operating
the unmanned aircraft maintains two-
way communication with ATC.
(2) No person may operate an un-
manned aircraft under this part with a
transponder on unless:
(i) The operation is conducted under
a flight plan and the person operating
the unmanned aircraft maintains two-
way communication with ATC; or
(ii) The use of a transponder is other-
wise authorized by the Administrator.
(Approved by the Office of Management and
Budget under control number 2120–0005)
[Doc. No. 18334, 54 FR 34304, Aug. 18, 1989, as
amended by Amdt. 91–221, 56 FR 469, Jan. 4,
1991; Amdt. 91–227, 56 FR 65660, Dec. 17, 1991;
Amdt. 91–227, 7 FR 328, Jan. 3, 1992; Amdt. 91–
229, 57 FR 34618, Aug. 5, 1992; Amdt. 91–267, 66
FR 21066, Apr. 27, 2001; Amdt. 91–355, 84 FR
34287, July 18, 2019; Amdt. No. 91–361, 86 FR
4512, Jan. 15, 2021; Docket No. FAA–2023–1836;
Amdt. No. 91–371, 88 FR 71476, Oct. 17, 2023]
§ 91.217
Data correspondence between
automatically reported pressure al-
titude data and the pilot’s altitude
reference.
(a) No person may operate any auto-
matic pressure altitude reporting
equipment associated with a radar bea-
con transponder—
(1) When deactivation of that equip-
ment is directed by ATC;
(2) Unless, as installed, that equip-
ment was tested and calibrated to
transmit altitude data corresponding
within 125 feet (on a 95 percent prob-
ability basis) of the indicated or cali-
brated datum of the altimeter nor-
mally used to maintain flight altitude,
with that altimeter referenced to 29.92
inches of mercury for altitudes from
sea level to the maximum operating al-
titude of the aircraft; or
(3) Unless the altimeters and
digitizers in that equipment meet the
standards of TSO-C10b and TSO-C88, re-
spectively.
(b) No person may operate any auto-
matic pressure altitude reporting
equipment associated with a radar bea-
con transponder or with ADS–B Out
equipment unless the pressure altitude
reported for ADS–B Out and Mode C/S
is derived from the same source for air-
craft equipped with both a transponder
and ADS–B Out.
[Doc. No. 18334, 54 FR 34304, Aug. 18, 1989, as
amended by Amdt. 91–314, 75 FR 30193, May
28, 2010]
§ 91.219
Altitude alerting system or de-
vice: Turbojet-powered civil air-
planes.
(a) Except as provided in paragraph
(d) of this section, no person may oper-
ate a turbojet-powered U.S.-registered
civil airplane unless that airplane is
equipped with an approved altitude
alerting system or device that is in op-
erable condition and meets the require-
ments of paragraph (b) of this section.
(b) Each altitude alerting system or
device required by paragraph (a) of this
section must be able to—
(1) Alert the pilot—
(i) Upon approaching a preselected
altitude in either ascent or descent, by
a sequence of both aural and visual sig-
nals in sufficient time to establish
level flight at that preselected alti-
tude; or
(ii) Upon approaching a preselected
altitude in either ascent or descent, by
a sequence of visual signals in suffi-
cient time to establish level flight at
that preselected altitude, and when de-
viating above and below that
preselected altitude, by an aural sig-
nal;
(2) Provide the required signals from
sea level to the highest operating alti-
tude approved for the airplane in which
it is installed;
(3) Preselect altitudes in increments
that are commensurate with the alti-
tudes at which the aircraft is operated;
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14 CFR Ch. I (1–1–24 Edition)
§ 91.221
(4) Be tested without special equip-
ment to determine proper operation of
the alerting signals; and
(5) Accept necessary barometric pres-
sure settings if the system or device
operates on barometric pressure. How-
ever, for operation below 3,000 feet
AGL, the system or device need only
provide one signal, either visual or
aural, to comply with this paragraph.
A radio altimeter may be included to
provide the signal if the operator has
an approved procedure for its use to de-
termine DA/DH or MDA, as appro-
priate.
(c) Each operator to which this sec-
tion applies must establish and assign
procedures for the use of the altitude
alerting system or device and each
flight crewmember must comply with
those procedures assigned to him.
(d) Paragraph (a) of this section does
not apply to any operation of an air-
plane that has an experimental certifi-
cate or to the operation of any airplane
for the following purposes:
(1) Ferrying a newly acquired air-
plane from the place where possession
of it was taken to a place where the al-
titude alerting system or device is to
be installed.
(2) Continuing a flight as originally
planned, if the altitude alerting system
or device becomes inoperative after the
airplane has taken off; however, the
flight may not depart from a place
where repair or replacement can be
made.
(3) Ferrying an airplane with any in-
operative altitude alerting system or
device from a place where repairs or re-
placements cannot be made to a place
where it can be made.
(4) Conducting an airworthiness
flight test of the airplane.
(5) Ferrying an airplane to a place
outside the United States for the pur-
pose of registering it in a foreign coun-
try.
(6) Conducting a sales demonstration
of the operation of the airplane.
(7) Training foreign flight crews in
the operation of the airplane before
ferrying it to a place outside the
United States for the purpose of reg-
istering it in a foreign country.
[Doc. No. 18334, 54 FR 34304, Aug. 18, 1989, as
amended by Amdt. 91–296, 72 FR 31679, June
7, 2007]
§ 91.221
Traffic alert and collision
avoidance system equipment and
use.
(a)
All airspace: U.S.-registered civil
aircraft. Any traffic alert and collision
avoidance system installed in a U.S.-
registered civil aircraft must be ap-
proved by the Administrator.
(b)
Traffic alert and collision avoidance
system, operation required. Each person
operating an aircraft equipped with an
operable traffic alert and collision
avoidance system shall have that sys-
tem on and operating.
§ 91.223
Terrain awareness and warn-
ing system.
(a)
Airplanes manufactured after March
29, 2002. Except as provided in para-
graph (d) of this section, no person may
operate a turbine-powered U.S.-reg-
istered airplane configured with six or
more passenger seats, excluding any
pilot seat, unless that airplane is
equipped with an approved terrain
awareness and warning system that as
a minimum meets the requirements for
Class B equipment in Technical Stand-
ard Order (TSO)–C151.
(b)
Airplanes manufactured on or before
March 29, 2002. Except as provided in
paragraph (d) of this section, no person
may operate a turbine-powered U.S.-
registered airplane configured with six
or more passenger seats, excluding any
pilot seat, after March 29, 2005, unless
that airplane is equipped with an ap-
proved terrain awareness and warning
system that as a minimum meets the
requirements for Class B equipment in
Technical Standard Order (TSO)–C151.
(Approved by the Office of Management and
Budget under control number 2120–0631)
(c)
Airplane Flight Manual. The Air-
plane Flight Manual shall contain ap-
propriate procedures for—
(1) The use of the terrain awareness
and warning system; and
(2) Proper flight crew reaction in re-
sponse to the terrain awareness and
warning system audio and visual warn-
ings.
(d)
Exceptions. Paragraphs (a) and (b)
of this section do not apply to—
(1) Parachuting operations when con-
ducted entirely within a 50 nautical
mile radius of the airport from which
such local flight operations began.
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§ 91.225
(2) Firefighting operations.
(3) Flight operations when incident
to the aerial application of chemicals
and other substances.
[Doc. No. 29312, 65 FR 16755, Mar. 29, 2000]
§ 91.225
Automatic Dependent Surveil-
lance-Broadcast (ADS–B) Out equip-
ment and use.
(a) After January 1, 2020, unless oth-
erwise authorized by ATC, no person
may operate an aircraft in Class A air-
space unless the aircraft has equipment
installed that—
(1) Meets the performance require-
ments in–
(i) TSO–C166b and Section 2 of RTCA
DO–260B (as referenced in TSO–C166b);
or
(ii) TSO–C166c and Section 2 of RTCA
DO–260C as modified by DO–260C—
Change 1 (as referenced in TSO–C166c);
and
(2) Meets the requirements of § 91.227.
(b) After January 1, 2020, except as
prohibited in paragraph (h)(2) of this
section or unless otherwise authorized
by ATC, no person may operate an air-
craft below 18,000 feet MSL and in air-
space described in paragraph (d) of this
section unless the aircraft has equip-
ment installed that—
(1) Meets the performance require-
ments in—
(i) TSO–C166b and Section 2 of RTCA
DO–260B (as referenced in TSO–C166b);
(ii) TSO–C166c and Section 2 of RTCA
DO–260C as modified by DO–260C—
Change 1 (as referenced in TSO–C166c);
(iii) TSO–C154c and Section 2 of
RTCA DO–282B (as referenced in TSO–
C154c); or
(iv) TSO–C154d and Section 2 of
RTCA DO–282C (as referenced in TSO–
C154d);
(2) Meets the requirements of § 91.227.
(c) Operators with equipment in-
stalled with an approved deviation
under § 21.618 of this chapter also are in
compliance with this section.
(d) After January 1, 2020, except as
prohibited in paragraph (i)(2) of this
section or unless otherwise authorized
by ATC, no person may operate an air-
craft in the following airspace unless
the aircraft has equipment installed
that meets the requirements in para-
graph (b) of this section:
(1) Class B and Class C airspace areas;
(2) Except as provided for in para-
graph (e) of this section, within 30 nau-
tical miles of an airport listed in ap-
pendix D, section 1 to this part from
the surface upward to 10,000 feet MSL;
(3) Above the ceiling and within the
lateral boundaries of a Class B or Class
C airspace area designated for an air-
port upward to 10,000 feet MSL;
(4) Except as provided in paragraph
(e) of this section, Class E airspace
within 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 sur-
face; and
(5) Class E airspace at and above 3,000
feet MSL over the Gulf of Mexico from
the coastline of the United States out
to 12 nautical miles.
(e) The requirements of paragraph (b)
of this section do not apply to any air-
craft that was not originally certifi-
cated with an engine-driven electrical
system, or that has not subsequently
been certified with such a system in-
stalled, including balloons and gliders.
These aircraft may conduct operations
without ADS–B Out in the airspace
specified in paragraph (d)(4) of this sec-
tion. These aircraft may also conduct
operations in the airspace specified in
paragraph (d)(2) of this section if those
operations are conducted—
(1) Outside any Class B or Class C air-
space area; and
(2) 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.
(f) Except as prohibited in paragraph
(i)(2) of this section, each person oper-
ating an aircraft equipped with ADS–B
Out must operate this equipment in
the transmit mode at all times unless—
(1) Otherwise authorized by the FAA
when the aircraft is performing a sen-
sitive government mission for national
defense, homeland security, intel-
ligence or law enforcement purposes
and transmitting would compromise
the operations security of the mission
or pose a safety risk to the aircraft,
crew, or people and property in the air
or on the ground; or
(2) Otherwise directed by ATC when
transmitting would jeopardize the safe
execution of air traffic control func-
tions.
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14 CFR Ch. I (1–1–24 Edition)
§ 91.225
(g) Requests for ATC authorized devi-
ations from the requirements of this
section must be made to the ATC facil-
ity having jurisdiction over the con-
cerned airspace within the time periods
specified as follows:
(1) For operation of an aircraft with
an inoperative ADS–B Out, to the air-
port of ultimate destination, including
any intermediate stops, or to proceed
to a place where suitable repairs can be
made or both, the request may be made
at any time.
(2) For operation of an aircraft that
is not equipped with ADS–B Out, the
request must be made at least 1 hour
before the proposed operation.
(h) For unmanned aircraft:
(1) No person may operate an un-
manned aircraft under a flight plan and
in two way communication with ATC
unless:
(i) That aircraft has equipment in-
stalled that meets the performance re-
quirements in TSO–C166b (including
Section 2 of RTCA DO–260B, as ref-
erenced in TSO–C166b), TSO–C166c (in-
cluding Section 2 of RTCA DO–260C as
modified by DO–260C—Change 1, as ref-
erenced in TSO–C166c), TSO–C154c (in-
cluding Section 2 of RTCA DO–282B, as
referenced in TSO–C154c), or TSO–C154d
(including Section 2 of RTCA DO–282C,
as referenced in TSO–C154d); and
(ii) The equipment meets the require-
ments of § 91.227.
(2) No person may operate an un-
manned aircraft under this part with
Automatic Dependent Surveillance-
Broadcast Out equipment in transmit
mode unless:
(i) The operation is conducted under
a flight plan and the person operating
that unmanned aircraft maintains two-
way communication with ATC; or
(ii) The use of ADS–B Out is other-
wise authorized by the Administrator.
(i) The standards required in this sec-
tion are incorporated by reference with
the approval of the Director of the Of-
fice of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. This in-
corporation by reference (IBR) mate-
rial is available for inspection at the
FAA and the National Archives and
Records Administration (NARA). Con-
tact the FAA at: Office of Rulemaking
(ARM–1), 800 Independence Avenue SW,
Washington, DC 20590 (telephone 202–
267–9677). For information on the avail-
ability of this material at NARA, visit
https://www.archives.gov/federal-register/
cfr/ibr-locations.html
or email
fr.inspection@nara.gov. This material is
also available from the following
sources in this paragraph (i).
(1) U.S. Department of Transpor-
tation, Subsequent Distribution Office,
DOT Warehouse M30, Ardmore East
Business Center, 3341 Q 75th Avenue,
Landover, MD 20785; telephone (301)
322–5377; website:
www.faa.gov/aircraft/
air
l
cert/design
l
approvals/tso/
(select
the link ‘‘Search Technical Standard
Orders’’).
(i) TSO–C166b, Extended Squitter
Automatic Dependent Surveillance-
Broadcast (ADS–B) and Traffic Infor-
mation Service-Broadcast (TIS–B)
Equipment Operating on the Radio
Frequency of 1090 Megahertz (MHz),
December 2, 2009.
(ii) TSO–C166c, Extended Squitter
Automatic Dependent Surveillance-
Broadcast (ADS–B) and Traffic Infor-
mation Service-Broadcast (TIS–B)
Equipment Operating on the Radio
Frequency of 1090 Megahertz (MHz),
March 10, 2023.
(iii) TSO–C154c, Universal Access
Transceiver (UAT) Automatic Depend-
ent Surveillance-Broadcast (ADS–B)
Equipment Operating on the Frequency
of 978 MHz, December 2, 2009.
(iv) TSO–C154d, Universal Access
Transceiver (UAT) Automatic Depend-
ent Surveillance-Broadcast (ADS–B)
Equipment Operating on the Radio
Frequency of 978 Megahertz (MHz),
March 10, 2023.
(2) RTCA, Inc., 1150 18th St. NW,
Suite 910, Washington, DC 20036; tele-
phone (202) 833–9339; website:
www.rtca.org/products.
(i) RTCA DO–260B, Minimum Oper-
ational Performance Standards for 1090
MHz Extended Squitter Automatic De-
pendent Surveillance-Broadcast (ADS–
B) and Traffic Information Services-
Broadcast (TIS–B), Section 2, Equip-
ment Performance Requirements and
Test Procedures, December 2, 2009.
(ii) RTCA DO–260C, Minimum Oper-
ational Performance Standards for 1090
MHz Extended Squitter Automatic De-
pendent Surveillance-Broadcast (ADS–
B) and Traffic Information Services-
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Federal Aviation Administration, DOT
§ 91.227
Broadcast (TIS–B), Section 2, Equip-
ment Performance Requirements and
Test Procedures, December 17, 2020.
(iii) RTCA DO–260C, Minimum Oper-
ational Performance Standards for 1090
MHz Extended Squitter Automatic De-
pendent Surveillance—Broadcast
(ADS–B) and Traffic Information Serv-
ices—Broadcast (TIS–B), Change 1,
January 25, 2022.
(iv) RTCA DO–282B, Minimum Oper-
ational Performance Standards for
Universal Access Transceiver (UAT)
Automatic Dependent Surveillance-
Broadcast (ADS–B), Section 2, Equip-
ment Performance Requirements and
Test Procedures, December 2, 2009.
(v) RTCA DO–282C, Minimum Oper-
ational Performance Standards
(MOPS) for Universal Access Trans-
ceiver (UAT) Automatic Dependent
Surveillance-Broadcast (ADS–B), Sec-
tion 2, Equipment Performance Re-
quirements and Test Procedures, June
23, 2022.
[Doc. No. FAA–2007–29305, 75 FR 30193, May
28, 2010; Amdt. 91–314–A, 75 FR 37712, June 30,
2010, as amended at Amdt. 91–316, 75 FR 37712,
June 30, 2010; Amdt. 91–336, 80 FR 6900, Feb.
9, 2015; Amdt. 91–336A, 80 FR 11537, Mar. 4,
2015; Amdt. 91–355, 84 FR 34287, July 18, 2019;
Amdt. No. 91–361, 86 FR 4513, Jan. 15, 2021;
Docket No. FAA–2023–1836; Amdt. No. 91–371,
88 FR 71476, Oct. 17, 2023]
§ 91.227
Automatic Dependent Surveil-
lance-Broadcast (ADS–B) Out equip-
ment performance requirements.
(a)
Definitions. For the purposes of
this section:
ADS–B Out is a function of an air-
craft’s onboard avionics that periodi-
cally broadcasts the aircraft’s state
vector (3-dimensional position and 3-di-
mensional velocity) and other required
information as described in this sec-
tion.
Navigation Accuracy Category for Posi-
tion (NAC
P
) specifies the accuracy of a
reported aircraft’s position.
Navigation Accuracy Category for Ve-
locity (NAC
V
) specifies the accuracy of a
reported aircraft’s velocity.
Navigation Integrity Category (NIC)
specifies an integrity containment ra-
dius around an aircraft’s reported posi-
tion.
Position Source refers to the equip-
ment installed onboard an aircraft used
to process and provide aircraft position
(for example, latitude, longitude, and
velocity) information.
Source Integrity Level (SIL) indicates
the probability of the reported hori-
zontal position exceeding the contain-
ment radius defined by the NIC on a
per sample or per hour basis.
System Design Assurance (SDA) indi-
cates the probability of an aircraft
malfunction causing false or mis-
leading information to be transmitted.
Total latency is the total time be-
tween when the position is measured
and when the position is transmitted
by the aircraft.
Uncompensated latency is the time for
which the aircraft does not compensate
for latency.
(b)
1090 MHz ES and UAT Broadcast
Links and Power Requirements—
(1) Aircraft operating in Class A air-
space must have equipment installed
that meets the antenna and power out-
put requirements of Class A1S, A1, A2,
A3, B1S, or B1 equipment as defined in
TSO–C166b and Section 2 of RTCA DO–
260B (as referenced in TSO–C166b), or
TSO–C166c and Section 2 of RTCA DO–
260C as modified by DO–260C—Change 1
(as referenced in TSO–C166c).
(2) Aircraft operating in airspace des-
ignated for ADS–B Out, but outside of
Class A airspace, must have equipment
installed that meets the antenna and
output power requirements of either:
(i) Class A1S, A1, A2, A3, B1S, or B1
as defined in TSO–C166b and Section 2
of RTCA DO–260B (as referenced in
TSO–C166b) or TSO–C166c and Section 2
of RTCA DO–260C as modified by DO–
260C—Change 1 (as referenced in TSO–
C166c); or
(ii) Class A1S, A1H, A2, A3, B1S, or B1
equipment as defined in TSO–C154c and
Section 2 of RTCA DO–282B (as ref-
erenced in TSO–C154c), or TSO–C154d
and Section 2 of RTCA DO–282C (as ref-
erenced in TSO–C154d).
(c)
ADS–B Out Performance Require-
ments for NAC
P,
NAC
V
, NIC, SDA, and
SIL—
(1) For aircraft broadcasting ADS–B
Out as required under § 91.225 (a) and
(b)—
(i) The aircraft’s NAC
P
must be less
than 0.05 nautical miles;
(ii) The aircraft’s NAC
V
must be less
than 10 meters per second;
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14 CFR Ch. I (1–1–24 Edition)
§ 91.227
(iii) The aircraft’s NIC must be less
than 0.2 nautical miles;
(iv) The aircraft’s SDA must be less
than or equal to 10
¥
5
per flight hour;
and
(v) The aircraft’s SIL must be less
than or equal to 10
¥
7
per flight hour or
per sample.
(2) Changes in NAC
P
, NAC
V
, SDA, and
SIL must be broadcast within 10 sec-
onds.
(3) Changes in NIC must be broadcast
within 12 seconds.
(d)
Minimum Broadcast Message Ele-
ment Set for ADS–B Out. Each aircraft
must broadcast the following informa-
tion, as defined in TSO–C166b (includ-
ing Section 2 of RTCA DO–260B, as ref-
erenced in TSO–C166b), TSO–C166c (in-
cluding Section 2 of RTCA DO–260C as
modified by DO–260C—Change 1, as ref-
erenced in TSO–C166c), TSO–C154c (in-
cluding Section 2 of RTCA DO–282B, as
referenced in TSO–C154c), or TSO–C154d
(including Section 2 of RTCA DO–282C,
as referenced in TSO–C154d). The pilot
must enter information for message
elements listed in paragraphs (d)(7)
through (10) of this section during the
appropriate phase of flight.
(1) The length and width of the air-
craft;
(2) An indication of the aircraft’s
latitude and longitude;
(3) An indication of the aircraft’s bar-
ometric pressure altitude;
(4) An indication of the aircraft’s ve-
locity;
(5) An indication if a collision avoid-
ance system is installed and operating
in a mode that can generate resolution
advisory alerts;
(6) If an operable collision avoidance
system is installed, an indication if a
resolution advisory is in effect;
(7) An indication of the Mode A
transponder code specified by ATC;
(8) An indication of the aircraft iden-
tification that is submitted on the
flight plan or used for communicating
with ATC, except when the pilot has
not filed a flight plan, has not re-
quested ATC services, and is using a
TSO–C154c or TSO–C154d self-assigned
temporary 24-bit address;
(9) An indication if the flightcrew has
identified an emergency, radio commu-
nication failure, or unlawful inter-
ference;
(10) An indication of the aircraft’s
‘‘IDENT’’ to ATC;
(11) An indication of the aircraft as-
signed ICAO 24-bit address, except
when the pilot has not filed a flight
plan, has not requested ATC services,
and is using a TSO–C154c or TSO–C154d
self-assigned temporary 24-bit address;
(12) An indication of the aircraft’s
emitter category;
(13) An indication of whether an
ADS–B In capability is available;
(14) An indication of the aircraft’s
geometric altitude;
(15) An indication of the Navigation
Accuracy Category for Position
(NAC
P
);
(16) An indication of the Navigation
Accuracy Category for Velocity
(NAC
V
);
(17) An indication of the Navigation
Integrity Category (NIC);
(18) An indication of the System De-
sign Assurance (SDA); and
(19) An indication of the Source In-
tegrity Level (SIL).
(e)
ADS–B Latency Requirements—
(1) The aircraft must transmit its
geometric position no later than 2.0
seconds from the time of measurement
of the position to the time of trans-
mission.
(2) Within the 2.0 total latency allo-
cation, a maximum of 0.6 seconds can
be uncompensated latency. The air-
craft must compensate for any latency
above 0.6 seconds up to the maximum
2.0 seconds total by extrapolating the
geometric position to the time of mes-
sage transmission.
(3) The aircraft must transmit its po-
sition and velocity at least once per
second while airborne or while moving
on the airport surface.
(4) The aircraft must transmit its po-
sition at least once every 5 seconds
while stationary on the airport surface.
(f)
Equipment with an approved devi-
ation. Operators with equipment in-
stalled with an approved deviation
under § 21.618 of this chapter also are in
compliance with this section.
(g)
Incorporation by reference. The
standards required in this section are
incorporated by reference with the ap-
proval of the Director of the Office of
the Federal Register under 5 U.S.C.
552(a) and 1 CFR part 51. This incorpo-
ration by reference (IBR) material is
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§ 91.303
available for inspection at the FAA and
the National Archives and Records Ad-
ministration (NARA). Contact the FAA
at: Office of Rulemaking (ARM–1), 800
Independence Avenue SW, Washington,
DC 20590 (telephone 202–267–9677). For
information on the availability of this
material at NARA, visit
www.archives.gov/federal-register/cfr/ibr-
locations.html
or email
fr.inspection@nara.gov. This material is
also available from the following
sources indicated in this paragraph (g).
(1) U.S. Department of Transpor-
tation, Subsequent Distribution Office,
DOT Warehouse M30, Ardmore East
Business Center, 3341 Q 75th Avenue,
Landover, MD 20785; telephone (301)
322–5377; website:
www.faa.gov/aircraft/
air
l
cert/design
l
approvals/tso/
(select
the link ‘‘Search Technical Standard
Orders’’).
(i) TSO–C166b, Extended Squitter
Automatic Dependent Surveillance-
Broadcast (ADS–B) and Traffic Infor-
mation Service-Broadcast (TIS–B)
Equipment Operating on the Radio
Frequency of 1090 Megahertz (MHz),
December 2, 2009.
(ii) TSO–C166c, Extended Squitter
Automatic Dependent Surveillance-
Broadcast (ADS–B) and Traffic Infor-
mation Service-Broadcast (TIS–B)
Equipment Operating on the Radio
Frequency of 1090 Megahertz (MHz),
March 10, 2023.
(iii) TSO–C154c, Universal Access
Transceiver (UAT) Automatic Depend-
ent Surveillance-Broadcast (ADS–B)
Equipment Operating on the Frequency
of 978 MHz, December 2, 2009.
(iv) TSO–C154d, Universal Access
Transceiver (UAT) Automatic Depend-
ent Surveillance-Broadcast (ADS–B)
Equipment Operating on the Radio
Frequency of 978 Megahertz (MHz),
March 10, 2023.
(2) RTCA, Inc., 1150 18th St. NW,
Suite 910, Washington, DC 20036; tele-
phone (202) 833–9339; website:
www.rtca.org/products.
(i) RTCA DO–260B, Minimum Oper-
ational Performance Standards for 1090
MHz Extended Squitter Automatic De-
pendent Surveillance-Broadcast (ADS–
B) and Traffic Information Services-
Broadcast (TIS–B), Section 2, Equip-
ment Performance Requirements and
Test Procedures, December 2, 2009.
(ii) RTCA DO–260C, Minimum Oper-
ational Performance Standards for 1090
MHz Extended Squitter Automatic De-
pendent Surveillance-Broadcast (ADS–
B) and Traffic Information Services-
Broadcast (TIS–B), Section 2, Equip-
ment Performance Requirements and
Test Procedures, December 17, 2020.
(iii) RTCA DO–260C, Minimum Oper-
ational Performance Standards for 1090
MHz Extended Squitter Automatic De-
pendent Surveillance-Broadcast (ADS–
B) and Traffic Information Services-
Broadcast (TIS–B), Change 1, January
25, 2022.
(iv) RTCA DO–282B, Minimum Oper-
ational Performance Standards for
Universal Access Transceiver (UAT)
Automatic Dependent Surveillance-
Broadcast (ADS–B), Section 2, Equip-
ment Performance Requirements and
Test Procedures, December 2, 2009.
(v) RTCA DO–282C, Minimum Oper-
ational Performance Standards
(MOPS) for Universal Access Trans-
ceiver (UAT) Automatic Dependent
Surveillance-Broadcast (ADS–B), Sec-
tion 2, Equipment Performance Re-
quirements and Test Procedures, June
23, 2022.
[Doc. No. FAA–2007–29305, 75 FR 30194, May
28, 2010; Amdt. 91–314–A, 75 FR 37712, June 30,
2010, as amended at Amdt. 91–316, 75 FR 37712,
June 30, 2010; Docket No. FAA–2023–1836;
Amdt. No. 91–371, 88 FR 71477, Oct. 17, 2023]
§§ 91.228–91.299
[Reserved]
Subpart D—Special Flight
Operations
S
OURCE
: Docket No. 18334, 54 FR 34308, Aug.
18, 1989, unless otherwise noted.
§ 91.301
[Reserved]
§ 91.303
Aerobatic flight.
No person may operate an aircraft in
aerobatic flight—
(a) Over any congested area of a city,
town, or settlement;
(b) Over an open air assembly of per-
sons;
(c) Within the lateral boundaries of
the surface areas of Class B, Class C,
Class D, or Class E airspace designated
for an airport;
(d) Within 4 nautical miles of the
center line of any Federal airway;
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14 CFR Ch. I (1–1–24 Edition)
§ 91.305
(e) Below an altitude of 1,500 feet
above the surface; or
(f) When flight visibility is less than
3 statute miles.
For the purposes of this section, aero-
batic flight means an intentional ma-
neuver involving an abrupt change in
an aircraft’s attitude, an abnormal at-
titude, or abnormal acceleration, not
necessary for normal flight.
[Doc. No. 18834, 54 FR 34308, Aug. 18, 1989, as
amended by Amdt. 91–227, 56 FR 65661, Dec.
17, 1991]
§ 91.305
Flight test areas.
No person may flight test an aircraft
except over open water, or sparsely
populated areas, having light air traf-
fic.
§ 91.307
Parachutes and parachuting.
(a) No pilot of a civil aircraft may
allow a parachute that is available for
emergency use to be carried in that
aircraft unless it is an approved type
and has been packed by a certificated
and appropriately rated parachute rig-
ger—
(1) Within the preceding 180 days, if
its canopy, shrouds, and harness are
composed exclusively of nylon, rayon,
or other similar synthetic fiber or ma-
terials that are substantially resistant
to damage from mold, mildew, or other
fungi and other rotting agents propa-
gated in a moist environment; or
(2) Within the preceding 60 days, if
any part of the parachute is composed
of silk, pongee, or other natural fiber
or materials not specified in paragraph
(a)(1) of this section.
(b) Except in an emergency, no pilot
in command may allow, and no person
may conduct, a parachute operation
from an aircraft within the United
States except in accordance with part
105 of this chapter.
(c) Unless each occupant of the air-
craft is wearing an approved parachute,
no pilot of a civil aircraft carrying any
person (other than a crewmember) may
execute any intentional maneuver that
exceeds—
(1) A bank of 60 degrees relative to
the horizon; or
(2) A nose-up or nose-down attitude
of 30 degrees relative to the horizon.
(d) Paragraph (c) of this section does
not apply to—
(1) Flight tests for pilot certification
or rating; or
(2) Spins and other flight maneuvers
required by the regulations for any cer-
tificate or rating when given by—
(i) A certificated flight instructor; or
(ii) An airline transport pilot in-
structing in accordance with § 61.67 of
this chapter.
(e) For the purposes of this section,
approved parachute means—
(1) A parachute manufactured under
a type certificate or a technical stand-
ard order (C–23 series); or
(2) A personnel-carrying military
parachute identified by an NAF, AAF,
or AN drawing number, an AAF order
number, or any other military designa-
tion or specification number.
[Doc. No. 18334, 54 FR 34308, Aug. 18, 1989, as
amended by Amdt. 91–255, 62 FR 68137, Dec.
30, 1997; Amdt. 91–268, 66 FR 23553, May 9,
2001; Amdt. 91–305, 73 FR 69530, Nov. 19, 2008]
§ 91.309
Towing: Gliders and
unpowered ultralight vehicles.
(a) No person may operate a civil air-
craft towing a glider or unpowered
ultralight vehicle unless—
(1) The pilot in command of the tow-
ing aircraft is qualified under § 61.69 of
this chapter;
(2) The towing aircraft is equipped
with a tow-hitch of a kind, and in-
stalled in a manner, that is approved
by the Administrator;
(3) The towline used has breaking
strength not less than 80 percent of the
maximum certificated operating
weight of the glider or unpowered
ultralight vehicle and not more than
twice this operating weight. However,
the towline used may have a breaking
strength more than twice the max-
imum certificated operating weight of
the glider or unpowered ultralight ve-
hicle if—
(i) A safety link is installed at the
point of attachment of the towline to
the glider or unpowered ultralight ve-
hicle with a breaking strength not less
than 80 percent of the maximum cer-
tificated operating weight of the glider
or unpowered ultralight vehicle and
not greater than twice this operating
weight;
(ii) A safety link is installed at the
point of attachment of the towline to
the towing aircraft with a breaking
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§ 91.313
strength greater, but not more than 25
percent greater, than that of the safety
link at the towed glider or unpowered
ultralight vehicle end of the towline
and not greater than twice the max-
imum certificated operating weight of
the glider or unpowered ultralight ve-
hicle;
(4) Before conducting any towing op-
eration within the lateral boundaries
of the surface areas of Class B, Class C,
Class D, or Class E airspace designated
for an airport, or before making each
towing flight within such controlled
airspace if required by ATC, the pilot
in command notifies the control tower.
If a control tower does not exist or is
not in operation, the pilot in command
must notify the FAA flight service sta-
tion serving that controlled airspace
before conducting any towing oper-
ations in that airspace; and
(5) The pilots of the towing aircraft
and the glider or unpowered ultralight
vehicle have agreed upon a general
course of action, including takeoff and
release signals, airspeeds, and emer-
gency procedures for each pilot.
(b) No pilot of a civil aircraft may in-
tentionally release a towline, after re-
lease of a glider or unpowered ultra-
light vehicle, in a manner that endan-
gers the life or property of another.
[Doc. No. 18834, 54 FR 34308, Aug. 18, 1989, as
amended by Amdt. 91–227, 56 FR 65661, Dec.
17, 1991; Amdt. 91–282, 69 FR 44880, July 27,
2004]
§ 91.311
Towing: Other than under
§ 91.309.
No pilot of a civil aircraft may tow
anything with that aircraft (other than
under § 91.309) except in accordance
with the terms of a certificate of waiv-
er issued by the Administrator.
§ 91.313
Restricted category civil air-
craft: Operating limitations.
(a) No person may operate a re-
stricted category civil aircraft—
(1) For other than the special purpose
for which it is certificated; or
(2) In an operation other than one
necessary to accomplish the work ac-
tivity directly associated with that
special purpose.
(b) For the purpose of paragraph (a)
of this section, the following oper-
ations are considered necessary to ac-
complish the work activity directly as-
sociated with a special purpose oper-
ation:
(1) Flights conducted for flight crew-
member training in a special purpose
operation for which the aircraft is cer-
tificated.
(2) Flights conducted to satisfy pro-
ficiency check and recent flight experi-
ence requirements under part 61 of this
chapter provided the flight crew-
member holds the appropriate cat-
egory, class, and type ratings and is
employed by the operator to perform
the appropriate special purpose oper-
ation.
(3) Flights conducted to relocate the
aircraft for delivery, repositioning, or
maintenance.
(c) No person may operate a re-
stricted category civil aircraft car-
rying persons or property for com-
pensation or hire. For the purposes of
this paragraph (c), a special purpose
operation involving the carriage of per-
sons or material necessary to accom-
plish that operation, such as crop dust-
ing, seeding, spraying, and banner tow-
ing (including the carrying of required
persons or material to the location of
that operation), an operation for the
purpose of providing flight crew-
member training in a special purpose
operation, and an operation conducted
under the authority provided in para-
graph (h) of this section are not consid-
ered to be the carriage of persons or
property for compensation or hire.
(d) No person may be carried on a re-
stricted category civil aircraft unless
that person—
(1) Is a flight crewmember;
(2) Is a flight crewmember trainee;
(3) Performs an essential function in
connection with a special purpose oper-
ation for which the aircraft is certifi-
cated;
(4) Is necessary to accomplish the
work activity directly associated with
that special purpose; or
(5) Is necessary to accomplish an op-
eration under paragraph (h) of this sec-
tion.
(e) Except when operating in accord-
ance with the terms and conditions of
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14 CFR Ch. I (1–1–24 Edition)
§ 91.315
a certificate of waiver or special oper-
ating limitations issued by the Admin-
istrator, no person may operate a re-
stricted category civil aircraft within
the United States—
(1) Over a densely populated area;
(2) In a congested airway; or
(3) Near a busy airport where pas-
senger transport operations are con-
ducted.
(f) This section does not apply to
nonpassenger-carrying civil rotorcraft
external-load operations conducted
under part 133 of this chapter.
(g) No person may operate a small re-
stricted-category civil airplane manu-
factured after July 18, 1978, unless an
approved shoulder harness or restraint
system is installed for each front seat.
The shoulder harness or restraint sys-
tem installation at each flightcrew sta-
tion must permit the flightcrew mem-
ber, when seated and with the safety
belt and shoulder harness fastened or
the restraint system engaged, to per-
form all functions necessary for flight
operation. For purposes of this para-
graph—
(1) The date of manufacture of an air-
plane is the date the inspection accept-
ance records reflect that the airplane is
complete and meets the FAA-approved
type design data; and
(2) A front seat is a seat located at a
flight crewmember station or any seat
located alongside such a seat.
(h)(1) An operator may apply for de-
viation authority from the provisions
of paragraph (a) of this section to con-
duct operations for the following pur-
poses:
(i) Flight training and the practical
test for issuance of a type rating pro-
vided—
(A) The pilot being trained and tested
holds at least a commercial pilot cer-
tificate with the appropriate category
and class ratings for the aircraft type;
(B) The pilot receiving flight training
is employed by the operator to perform
a special purpose operation; and
(C) The flight training is conducted
by the operator who employs the pilot
to perform a special purpose operation.
(ii) Flights to designate an examiner
or qualify an FAA inspector in the air-
craft type and flights necessary to pro-
vide continuing oversight and evalua-
tion of an examiner.
(2) The FAA will issue this deviation
authority as a letter of deviation au-
thority.
(3) The FAA may cancel or amend a
letter of deviation authority at any
time.
(4) An applicant must submit a re-
quest for deviation authority in a form
and manner acceptable to the Adminis-
trator at least 60 days before the date
of intended operations. A request for
deviation authority must contain a
complete description of the proposed
operation and justification that estab-
lishes a level of safety equivalent to
that provided under the regulations for
the deviation requested.
[Docket No. 18334, 54 FR 34308, Aug. 18, 1989,
as amended by Docket FAA–2015–1621, Amdt.
91–346, 81 FR 96700, Dec. 30, 2016; Amdt. 60–6,
83 FR 30281, June 27, 2018]
§ 91.315
Limited category civil aircraft:
Operating limitations.
No person may operate a limited cat-
egory civil aircraft carrying persons or
property for compensation or hire.
§ 91.317
Provisionally certificated civil
aircraft: Operating limitations.
(a) No person may operate a provi-
sionally certificated civil aircraft un-
less that person is eligible for a provi-
sional airworthiness certificate under
§ 21.213 of this chapter.
(b) No person may operate a provi-
sionally certificated civil aircraft out-
side the United States unless that per-
son has specific authority to do so from
the Administrator and each foreign
country involved.
(c) Unless otherwise authorized by
the Executive Director, Flight Stand-
ards Service, no person may operate a
provisionally certificated civil aircraft
in air transportation.
(d) Unless otherwise authorized by
the Administrator, no person may op-
erate a provisionally certificated civil
aircraft except—
(1) In direct conjunction with the
type or supplemental type certification
of that aircraft;
(2) For training flight crews, includ-
ing simulated air carrier operations;
(3) Demonstration flight by the man-
ufacturer for prospective purchasers;
(4) Market surveys by the manufac-
turer;
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§ 91.319
(5) Flight checking of instruments,
accessories, and equipment that do not
affect the basic airworthiness of the
aircraft; or
(6) Service testing of the aircraft.
(e) Each person operating a provi-
sionally certificated civil aircraft shall
operate within the prescribed limita-
tions displayed in the aircraft or set
forth in the provisional aircraft flight
manual or other appropriate document.
However, when operating in direct con-
junction with the type or supplemental
type certification of the aircraft, that
person shall operate under the experi-
mental aircraft limitations of § 21.191 of
this chapter and when flight testing,
shall operate under the requirements of
§ 91.305 of this part.
(f) Each person operating a provision-
ally certificated civil aircraft shall es-
tablish approved procedures for—
(1) The use and guidance of flight and
ground personnel in operating under
this section; and
(2) Operating in and out of airports
where takeoffs or approaches over pop-
ulated areas are necessary. No person
may operate that aircraft except in
compliance with the approved proce-
dures.
(g) Each person operating a provi-
sionally certificated civil aircraft shall
ensure that each flight crewmember is
properly certificated and has adequate
knowledge of, and familiarity with, the
aircraft and procedures to be used by
that crewmember.
(h) Each person operating a provi-
sionally certificated civil aircraft shall
maintain it as required by applicable
regulations and as may be specially
prescribed by the Administrator.
(i) Whenever the manufacturer, or
the Administrator, determines that a
change in design, construction, or oper-
ation is necessary to ensure safe oper-
ation, no person may operate a provi-
sionally certificated civil aircraft until
that change has been made and ap-
proved. Section 21.99 of this chapter ap-
plies to operations under this section.
(j) Each person operating a provision-
ally certificated civil aircraft—
(1) May carry in that aircraft only
persons who have a proper interest in
the operations allowed by this section
or who are specifically authorized by
both the manufacturer and the Admin-
istrator; and
(2) Shall advise each person carried
that the aircraft is provisionally cer-
tificated.
(k) The Administrator may prescribe
additional limitations or procedures
that the Administrator considers nec-
essary, including limitations on the
number of persons who may be carried
in the aircraft.
(Approved by the Office of Management and
Budget under control number 2120–0005)
[Doc. No. 18334, 54 FR 34308, Aug. 18, 1989, as
amended by Amdt. 91–212, 54 FR 39293, Sept.
25, 1989; Docket FAA–2018–0119, Amdt. 91–350,
83 FR 9171, Mar. 5, 2018]
§ 91.319
Aircraft having experimental
certificates: Operating limitations.
(a) No person may operate an aircraft
that has an experimental certificate—
(1) For other than the purpose for
which the certificate was issued; or
(2) Carrying persons or property for
compensation or hire.
(b) No person may operate an aircraft
that has an experimental certificate
outside of an area assigned by the Ad-
ministrator until it is shown that—
(1) The aircraft is controllable
throughout its normal range of speeds
and throughout all the maneuvers to
be executed; and
(2) The aircraft has no hazardous op-
erating characteristics or design fea-
tures.
(c) Unless otherwise authorized by
the Administrator in special operating
limitations, no person may operate an
aircraft that has an experimental cer-
tificate over a densely populated area
or in a congested airway. The Adminis-
trator may issue special operating lim-
itations for particular aircraft to per-
mit takeoffs and landings to be con-
ducted over a densely populated area or
in a congested airway, in accordance
with terms and conditions specified in
the authorization in the interest of
safety in air commerce.
(d) Each person operating an aircraft
that has an experimental certificate
shall—
(1) Advise each person carried of the
experimental nature of the aircraft;
(2) Operate under VFR, day only, un-
less otherwise specifically authorized
by the Administrator; and
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§ 91.321
(3) Notify the control tower of the ex-
perimental nature of the aircraft when
operating the aircraft into or out of
airports with operating control towers.
(e) No person may operate an aircraft
that is issued an experimental certifi-
cate under § 21.191(i) of this chapter for
compensation or hire, except a person
may operate an aircraft issued an ex-
perimental certificate under
§ 21.191(i)(1) for compensation or hire
to—
(1) Tow a glider that is a light-sport
aircraft or unpowered ultralight vehi-
cle in accordance with § 91.309; or
(2) Conduct flight training in an air-
craft which that person provides prior
to January 31, 2010.
(f) No person may lease an aircraft
that is issued an experimental certifi-
cate under § 21.191(i) of this chapter, ex-
cept in accordance with paragraph
(e)(1) of this section.
(g) No person may operate an aircraft
issued an experimental certificate
under § 21.191(i)(1) of this chapter to
tow a glider that is a light-sport air-
craft or unpowered ultralight vehicle
for compensation or hire or to conduct
flight training for compensation or
hire in an aircraft which that persons
provides unless within the preceding
100 hours of time in service the aircraft
has—
(1) Been inspected by a certificated
repairman (light-sport aircraft) with a
maintenance rating, an appropriately
rated mechanic, or an appropriately
rated repair station in accordance with
inspection procedures developed by the
aircraft manufacturer or a person ac-
ceptable to the FAA; or
(2) Received an inspection for the
issuance of an airworthiness certificate
in accordance with part 21 of this chap-
ter.
(h) The FAA may issue deviation au-
thority providing relief from the provi-
sions of paragraph (a) of this section
for the purpose of conducting flight
training. The FAA will issue this devi-
ation authority as a letter of deviation
authority.
(1) The FAA may cancel or amend a
letter of deviation authority at any
time.
(2) An applicant must submit a re-
quest for deviation authority to the
FAA at least 60 days before the date of
intended operations. A request for devi-
ation authority must contain a com-
plete description of the proposed oper-
ation and justification that establishes
a level of safety equivalent to that pro-
vided under the regulations for the de-
viation requested.
(i) The Administrator may prescribe
additional limitations that the Admin-
istrator considers necessary, including
limitations on the persons that may be
carried in the aircraft.
(j) No person may operate an aircraft
that has an experimental certificate
under § 61.113(i) of this chapter unless
the aircraft is carrying not more than
6 occupants.
(Approved by the Office of Management and
Budget under control number 2120–0005)
[Doc. No. 18334, 54 FR 34308, Aug. 18, 1989, as
amended by Amdt. 91–282, 69 FR 44881, July
27, 2004; Docket FAA–2016–9157, Amdt. 91–347,
82 FR 3167, Jan. 11, 2017]
§ 91.321
Carriage of candidates in elec-
tions.
(a) As an aircraft operator, you may
receive payment for carrying a can-
didate, agent of a candidate, or person
traveling on behalf of a candidate, run-
ning for Federal, State, or local elec-
tion, without having to comply with
the rules in parts 121, 125 or 135 of this
chapter, under the following condi-
tions:
(1) Your primary business is not as an
air carrier or commercial operator;
(2) You carry the candidate, agent, or
person traveling on behalf of a can-
didate, under the rules of part 91; and
(3) By Federal, state or local law, you
are required to receive payment for
carrying the candidate, agent, or per-
son traveling on behalf of a candidate.
For federal elections, the payment may
not exceed the amount required by the
Federal Election Commission. For a
state or local election, the payment
may not exceed the amount required
under the applicable state or local law.
(b) For the purposes of this section,
for Federal elections, the terms
can-
didate and election have the same mean-
ing as set forth in the regulations of
the Federal Election Commission. For
State or local elections, the terms
can-
didate and election have the same mean-
ing as provided by the applicable State
or local law and those terms relate to
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§ 91.327
candidates for election to public office
in State and local government elec-
tions.
[Doc. No. FAA–2005–20168, 70 FR 4982, Jan. 31,
2005]
§ 91.323
Increased maximum certifi-
cated weights for certain airplanes
operated in Alaska.
(a) Notwithstanding any other provi-
sion of the Federal Aviation Regula-
tions, the Administrator will approve,
as provided in this section, an increase
in the maximum certificated weight of
an airplane type certificated under
Aeronautics Bulletin No. 7–A of the
U.S. Department of Commerce dated
January 1, 1931, as amended, or under
the normal category of part 4a of the
former Civil Air Regulations (14 CFR
part 4a, 1964 ed.) if that airplane is op-
erated in the State of Alaska by—
(1) A certificate holder conducting
operations under part 121 or part 135 of
this chapter; or
(2) The U.S. Department of Interior
in conducting its game and fish law en-
forcement activities or its manage-
ment, fire detection, and fire suppres-
sion activities concerning public lands.
(b) The maximum certificated weight
approved under this section may not
exceed—
(1) 12,500 pounds;
(2) 115 percent of the maximum
weight listed in the FAA aircraft speci-
fications;
(3) The weight at which the airplane
meets the positive maneuvering load
factor
n, where n=2.1+(24,000/(W+10,000))
and W=design maximum takeoff
weight, except that n need not be more
than 3.8; or
(4) The weight at which the airplane
meets the climb performance require-
ments under which it was type certifi-
cated.
(c) In determining the maximum cer-
tificated weight, the Administrator
considers the structural soundness of
the airplane and the terrain to be tra-
versed.
(d) The maximum certificated weight
determined under this section is added
to the airplane’s operation limitations
and is identified as the maximum
weight authorized for operations with-
in the State of Alaska.
[Doc. No. 18334, 54 FR 34308, Aug. 18, 1989;
Amdt. 91–211, 54 FR 41211, Oct. 5, 1989, as
amended by Amdt. 91–253, 62 FR 13253, Mar.
19, 1997; Docket FAA–2015–1621, Amdt. 91–346,
81 FR 96700, Dec. 30, 2016]
§ 91.325
Primary category aircraft: Op-
erating limitations.
(a) No person may operate a primary
category aircraft carrying persons or
property for compensation or hire.
(b) No person may operate a primary
category aircraft that is maintained by
the pilot-owner under an approved spe-
cial inspection and maintenance pro-
gram except—
(1) The pilot-owner; or
(2) A designee of the pilot-owner, pro-
vided that the pilot-owner does not re-
ceive compensation for the use of the
aircraft.
[Doc. No. 23345, 57 FR 41370, Sept. 9, 1992]
§ 91.327
Aircraft having a special air-
worthiness certificate in the light-
sport category: Operating limita-
tions.
(a) No person may operate an aircraft
that has a special airworthiness certifi-
cate in the light-sport category for
compensation or hire except—
(1) To tow a glider or an unpowered
ultralight vehicle in accordance with
§ 91.309 of this chapter; or
(2) To conduct flight training.
(b) No person may operate an aircraft
that has a special airworthiness certifi-
cate in the light-sport category un-
less—
(1) The aircraft is maintained by a
certificated repairman with a light-
sport aircraft maintenance rating, an
appropriately rated mechanic, or an
appropriately rated repair station in
accordance with the applicable provi-
sions of part 43 of this chapter and
maintenance and inspection procedures
developed by the aircraft manufacturer
or a person acceptable to the FAA;
(2) A condition inspection is per-
formed once every 12 calendar months
by a certificated repairman (light-sport
aircraft) with a maintenance rating, an
appropriately rated mechanic, or an
appropriately rated repair station in
accordance with inspection procedures
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14 CFR Ch. I (1–1–24 Edition)
§§ 91.328–91.399
developed by the aircraft manufacturer
or a person acceptable to the FAA;
(3) The owner or operator complies
with all applicable airworthiness direc-
tives;
(4) The owner or operator complies
with each safety directive applicable to
the aircraft that corrects an existing
unsafe condition. In lieu of complying
with a safety directive an owner or op-
erator may—
(i) Correct the unsafe condition in a
manner different from that specified in
the safety directive provided the per-
son issuing the directive concurs with
the action; or
(ii) Obtain an FAA waiver from the
provisions of the safety directive based
on a conclusion that the safety direc-
tive was issued without adhering to the
applicable consensus standard;
(5) Each alteration accomplished
after the aircraft’s date of manufacture
meets the applicable and current con-
sensus standard and has been author-
ized by either the manufacturer or a
person acceptable to the FAA;
(6) Each major alteration to an air-
craft product produced under a con-
sensus standard is authorized, per-
formed and inspected in accordance
with maintenance and inspection pro-
cedures developed by the manufacturer
or a person acceptable to the FAA; and
(7) The owner or operator complies
with the requirements for the record-
ing of major repairs and major alter-
ations performed on type-certificated
products in accordance with § 43.9(d) of
this chapter, and with the retention re-
quirements in § 91.417.
(c) No person may operate an aircraft
issued a special airworthiness certifi-
cate in the light-sport category to tow
a glider or unpowered ultralight vehi-
cle for compensation or hire or conduct
flight training for compensation or
hire in an aircraft which that persons
provides unless within the preceding
100 hours of time in service the aircraft
has—
(1) Been inspected by a certificated
repairman with a light-sport aircraft
maintenance rating, an appropriately
rated mechanic, or an appropriately
rated repair station in accordance with
inspection procedures developed by the
aircraft manufacturer or a person ac-
ceptable to the FAA and been approved
for return to service in accordance
with part 43 of this chapter; or
(2) Received an inspection for the
issuance of an airworthiness certificate
in accordance with part 21 of this chap-
ter.
(d) Each person operating an aircraft
issued a special airworthiness certifi-
cate in the light-sport category must
operate the aircraft in accordance with
the aircraft’s operating instructions,
including any provisions for necessary
operating equipment specified in the
aircraft’s equipment list.
(e) Each person operating an aircraft
issued a special airworthiness certifi-
cate in the light-sport category must
advise each person carried of the spe-
cial nature of the aircraft and that the
aircraft does not meet the airworthi-
ness requirements for an aircraft
issued a standard airworthiness certifi-
cate.
(f) The FAA may prescribe additional
limitations that it considers necessary.
[Doc. No. FAA–2001–11133, 69 FR 44881, July
27, 2004]
§§ 91.328–91.399
[Reserved]
Subpart E—Maintenance, Preven-
tive Maintenance, and Alter-
ations
S
OURCE
: Docket No. 18334, 54 FR 34311, Aug.
18, 1989, unless otherwise noted.
§ 91.401
Applicability.
(a) This subpart prescribes rules gov-
erning the maintenance, preventive
maintenance, and alterations of U.S.-
registered civil aircraft operating with-
in or outside of the United States.
(b) Sections 91.405, 91.409, 91.411,
91.417, and 91.419 of this subpart do not
apply to an aircraft maintained in ac-
cordance with a continuous airworthi-
ness maintenance program as provided
in part 121, 129, or §§ 91.1411 or
135.411(a)(2) of this chapter.
(c) Sections 91.405 and 91.409 of this
part do not apply to an airplane in-
spected in accordance with part 125 of
this chapter.
[Doc. No. 18334, 54 FR 34311, Aug. 18, 1989, as
amended by Amdt. 91–267, 66 FR 21066, Apr.
27, 2001; Amdt. 91–280, 68 FR 54560, Sept. 17,
2003]
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§ 91.409
§ 91.403
General.
(a) The owner or operator of an air-
craft is primarily responsible for main-
taining that aircraft in an airworthy
condition, including compliance with
part 39 of this chapter.
(b) No person may perform mainte-
nance, preventive maintenance, or al-
terations on an aircraft other than as
prescribed in this subpart and other ap-
plicable regulations, including part 43
of this chapter.
(c) No person may operate an aircraft
for which a manufacturer’s mainte-
nance manual or instructions for con-
tinued airworthiness has been issued
that contains an airworthiness limita-
tions section unless the mandatory re-
placement times, inspection intervals,
and related procedures specified in that
section or alternative inspection inter-
vals and related procedures set forth in
an operations specification approved
by the Administrator under part 121 or
135 of this chapter or in accordance
with an inspection program approved
under § 91.409(e) have been complied
with.
(d) A person must not alter an air-
craft based on a supplemental type cer-
tificate unless the owner or operator of
the aircraft is the holder of the supple-
mental type certificate, or has written
permission from the holder.
[Doc. No. 18334, 54 FR 34311, Aug. 18, 1989, as
amended by Amdt. 91–267, 66 FR 21066, Apr.
27, 2001; Amdt. 91–293, 71 FR 56005, Sept. 26,
2006]
§ 91.405
Maintenance required.
Each owner or operator of an air-
craft—
(a) Shall have that aircraft inspected
as prescribed in subpart E of this part
and shall between required inspections,
except as provided in paragraph (c) of
this section, have discrepancies re-
paired as prescribed in part 43 of this
chapter;
(b) Shall ensure that maintenance
personnel make appropriate entries in
the aircraft maintenance records indi-
cating the aircraft has been approved
for return to service;
(c) Shall have any inoperative instru-
ment or item of equipment, permitted
to be inoperative by § 91.213(d)(2) of this
part, repaired, replaced, removed, or
inspected at the next required inspec-
tion; and
(d) When listed discrepancies include
inoperative instruments or equipment,
shall ensure that a placard has been in-
stalled as required by § 43.11 of this
chapter.
§ 91.407
Operation after maintenance,
preventive maintenance, rebuild-
ing, or alteration.
(a) No person may operate any air-
craft that has undergone maintenance,
preventive maintenance, rebuilding, or
alteration unless—
(1) It has been approved for return to
service by a person authorized under
§ 43.7 of this chapter; and
(2) The maintenance record entry re-
quired by § 43.9 or § 43.11, as applicable,
of this chapter has been made.
(b) No person may carry any person
(other than crewmembers) in an air-
craft that has been maintained, re-
built, or altered in a manner that may
have appreciably changed its flight
characteristics or substantially af-
fected its operation in flight until an
appropriately rated pilot with at least
a private pilot certificate flies the air-
craft, makes an operational check of
the maintenance performed or alter-
ation made, and logs the flight in the
aircraft records.
(c) The aircraft does not have to be
flown as required by paragraph (b) of
this section if, prior to flight, ground
tests, inspection, or both show conclu-
sively that the maintenance, preven-
tive maintenance, rebuilding, or alter-
ation has not appreciably changed the
flight characteristics or substantially
affected the flight operation of the air-
craft.
(Approved by the Office of Management and
Budget under control number 2120–0005)
§ 91.409
Inspections.
(a) Except as provided in paragraph
(c) of this section, no person may oper-
ate an aircraft unless, within the pre-
ceding 12 calendar months, it has had—
(1) An annual inspection in accord-
ance with part 43 of this chapter and
has been approved for return to service
by a person authorized by § 43.7 of this
chapter; or
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§ 91.409
(2) An inspection for the issuance of
an airworthiness certificate in accord-
ance with part 21 of this chapter.
No inspection performed under para-
graph (b) of this section may be sub-
stituted for any inspection required by
this paragraph unless it is performed
by a person authorized to perform an-
nual inspections and is entered as an
‘‘annual’’ inspection in the required
maintenance records.
(b) Except as provided in paragraph
(c) of this section, no person may oper-
ate an aircraft carrying any person
(other than a crewmember) for hire,
and no person may give flight instruc-
tion for hire in an aircraft which that
person provides, unless within the pre-
ceding 100 hours of time in service the
aircraft has received an annual or 100-
hour inspection and been approved for
return to service in accordance with
part 43 of this chapter or has received
an inspection for the issuance of an air-
worthiness certificate in accordance
with part 21 of this chapter. The 100-
hour limitation may be exceeded by
not more than 10 hours while en route
to reach a place where the inspection
can be done. The excess time used to
reach a place where the inspection can
be done must be included in computing
the next 100 hours of time in service.
(c) Paragraphs (a) and (b) of this sec-
tion do not apply to—
(1) An aircraft that carries a special
flight permit, a current experimental
certificate, or a light-sport or provi-
sional airworthiness certificate;
(2) An aircraft inspected in accord-
ance with an approved aircraft inspec-
tion program under part 125 or 135 of
this chapter and so identified by the
registration number in the operations
specifications of the certificate holder
having the approved inspection pro-
gram;
(3) An aircraft subject to the require-
ments of paragraph (d) or (e) of this
section; or
(4) Turbine-powered rotorcraft when
the operator elects to inspect that
rotorcraft in accordance with para-
graph (e) of this section.
(d)
Progressive inspection. Each reg-
istered owner or operator of an aircraft
desiring to use a progressive inspection
program must submit a written request
to the responsible Flight Standards of-
fice, and shall provide—
(1) A certificated mechanic holding
an inspection authorization, a certifi-
cated airframe repair station, or the
manufacturer of the aircraft to super-
vise or conduct the progressive inspec-
tion;
(2) A current inspection procedures
manual available and readily under-
standable to pilot and maintenance
personnel containing, in detail—
(i) An explanation of the progressive
inspection, including the continuity of
inspection responsibility, the making
of reports, and the keeping of records
and technical reference material;
(ii) An inspection schedule, speci-
fying the intervals in hours or days
when routine and detailed inspections
will be performed and including in-
structions for exceeding an inspection
interval by not more than 10 hours
while en route and for changing an in-
spection interval because of service ex-
perience;
(iii) Sample routine and detailed in-
spection forms and instructions for
their use; and
(iv) Sample reports and records and
instructions for their use;
(3) Enough housing and equipment
for necessary disassembly and proper
inspection of the aircraft; and
(4) Appropriate current technical in-
formation for the aircraft.
The frequency and detail of the pro-
gressive inspection shall provide for
the complete inspection of the aircraft
within each 12 calendar months and be
consistent with the manufacturer’s
recommendations, field service experi-
ence, and the kind of operation in
which the aircraft is engaged. The pro-
gressive inspection schedule must en-
sure that the aircraft, at all times, will
be airworthy and will conform to all
applicable FAA aircraft specifications,
type certificate data sheets, airworthi-
ness directives, and other approved
data. If the progressive inspection is
discontinued, the owner or operator
shall immediately notify the respon-
sible Flight Standards office, in writ-
ing, of the discontinuance. After the
discontinuance, the first annual inspec-
tion under § 91.409(a)(1) is due within 12
calendar months after the last com-
plete inspection of the aircraft under
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§ 91.409
the progressive inspection. The 100-
hour inspection under § 91.409(b) is due
within 100 hours after that complete
inspection. A complete inspection of
the aircraft, for the purpose of deter-
mining when the annual and 100-hour
inspections are due, requires a detailed
inspection of the aircraft and all its
components in accordance with the
progressive inspection. A routine in-
spection of the aircraft and a detailed
inspection of several components is not
considered to be a complete inspection.
(e)
Large airplanes (to which part 125 is
not applicable), turbojet multiengine air-
planes, turbopropeller-powered multien-
gine airplanes, and turbine-powered
rotorcraft. No person may operate a
large airplane, turbojet multiengine
airplane, turbopropeller-powered mul-
tiengine airplane, or turbine-powered
rotorcraft unless the replacement
times for life-limited parts specified in
the aircraft specifications, type data
sheets, or other documents approved by
the Administrator are complied with
and the airplane or turbine-powered
rotorcraft, including the airframe, en-
gines, propellers, rotors, appliances,
survival equipment, and emergency
equipment, is inspected in accordance
with an inspection program selected
under the provisions of paragraph (f) of
this section, except that, the owner or
operator of a turbine-powered rotor-
craft may elect to use the inspection
provisions of § 91.409(a), (b), (c), or (d) in
lieu of an inspection option of
§ 91.409(f).
(f)
Selection of inspection program
under paragraph (e) of this section. The
registered owner or operator of each
airplane or turbine-powered rotorcraft
described in paragraph (e) of this sec-
tion must select, identify in the air-
craft maintenance records, and use one
of the following programs for the in-
spection of the aircraft:
(1) A continuous airworthiness in-
spection program that is part of a con-
tinuous airworthiness maintenance
program currently in use by a person
holding an air carrier operating certifi-
cate or an operating certificate issued
under part 121 or 135 of this chapter and
operating that make and model air-
craft under part 121 of this chapter or
operating that make and model under
part 135 of this chapter and maintain-
ing it under § 135.411(a)(2) of this chap-
ter.
(2) An approved aircraft inspection
program approved under § 135.419 of this
chapter and currently in use by a per-
son holding an operating certificate
issued under part 135 of this chapter.
(3) A current inspection program rec-
ommended by the manufacturer.
(4) Any other inspection program es-
tablished by the registered owner or
operator of that airplane or turbine-
powered rotorcraft and approved by the
Administrator under paragraph (g) of
this section. However, the Adminis-
trator may require revision of this in-
spection program in accordance with
the provisions of § 91.415.
Each operator shall include in the se-
lected program the name and address
of the person responsible for scheduling
the inspections required by the pro-
gram and make a copy of that program
available to the person performing in-
spections on the aircraft and, upon re-
quest, to the Administrator.
(g)
Inspection program approved under
paragraph (e) of this section. Each oper-
ator of an airplane or turbine-powered
rotorcraft desiring to establish or
change an approved inspection program
under paragraph (f)(4) of this section
must submit the program for approval
to the responsible Flight Standards of-
fice. The program must be in writing
and include at least the following in-
formation:
(1) Instructions and procedures for
the conduct of inspections for the par-
ticular make and model airplane or
turbine-powered rotorcraft, including
necessary tests and checks. The in-
structions and procedures must set
forth in detail the parts and areas of
the airframe, engines, propellers, ro-
tors, and appliances, including survival
and emergency equipment required to
be inspected.
(2) A schedule for performing the in-
spections that must be performed
under the program expressed in terms
of the time in service, calendar time,
number of system operations, or any
combination of these.
(h)
Changes from one inspection pro-
gram to another. When an operator
changes from one inspection program
under paragraph (f) of this section to
another, the time in service, calendar
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14 CFR Ch. I (1–1–24 Edition)
§ 91.410
times, or cycles of operation accumu-
lated under the previous program must
be applied in determining inspection
due times under the new program.
(Approved by the Office of Management and
Budget under control number 2120–0005)
[Doc. No. 18334, 54 FR 34311, Aug. 18, 1989;
Amdt. 91–211, 54 FR 41211, Oct. 5, 1989; Amdt.
91–267, 66 FR 21066, Apr. 27, 2001; Amdt. 91–282,
69 FR 44882, July 27, 2004; Docket FAA–2018–
0119, Amdt. 91–350, 83 FR 9171, Mar. 5, 2018]
§ 91.410
[Reserved]
§ 91.411
Altimeter system and altitude
reporting equipment tests and in-
spections.
(a) No person may operate an air-
plane, or helicopter, in controlled air-
space under IFR unless—
(1) Within the preceding 24 calendar
months, each static pressure system,
each altimeter instrument, and each
automatic pressure altitude reporting
system has been tested and inspected
and found to comply with appendices E
and F of part 43 of this chapter;
(2) Except for the use of system drain
and alternate static pressure valves,
following any opening and closing of
the static pressure system, that system
has been tested and inspected and
found to comply with paragraph (a),
appendix E, of part 43 of this chapter;
and
(3) Following installation or mainte-
nance on the automatic pressure alti-
tude reporting system of the ATC
transponder where data correspondence
error could be introduced, the inte-
grated system has been tested, in-
spected, and found to comply with
paragraph (c), appendix E, of part 43 of
this chapter.
(b) The tests required by paragraph
(a) of this section must be conducted
by—
(1) The manufacturer of the airplane,
or helicopter, on which the tests and
inspections are to be performed;
(2) A certificated repair station prop-
erly equipped to perform those func-
tions and holding—
(i) An instrument rating, Class I;
(ii) A limited instrument rating ap-
propriate to the make and model of ap-
pliance to be tested;
(iii) A limited rating appropriate to
the test to be performed;
(iv) An airframe rating appropriate
to the airplane, or helicopter, to be
tested; or
(3) A certificated mechanic with an
airframe rating (static pressure system
tests and inspections only).
(c) Altimeter and altitude reporting
equipment approved under Technical
Standard Orders are considered to be
tested and inspected as of the date of
their manufacture.
(d) No person may operate an air-
plane, or helicopter, in controlled air-
space under IFR at an altitude above
the maximum altitude at which all al-
timeters and the automatic altitude re-
porting system of that airplane, or hel-
icopter, have been tested.
[Doc. No. 18334, 54 FR 34308, Aug. 18, 1989, as
amended by Amdt. 91–269, 66 FR 41116, Aug. 6,
2001; 72 FR 7739, Feb. 20, 2007]
§ 91.413
ATC transponder tests and in-
spections.
(a) No persons may use an ATC trans-
ponder that is specified in 91.215(a),
121.345(c), or § 135.143(c) of this chapter
unless, within the preceding 24 cal-
endar months, the ATC transponder
has been tested and inspected and
found to comply with appendix F of
part 43 of this chapter; and
(b) Following any installation or
maintenance on an ATC transponder
where data correspondence error could
be introduced, the integrated system
has been tested, inspected, and found
to comply with paragraph (c), appendix
E, of part 43 of this chapter.
(c) The tests and inspections speci-
fied in this section must be conducted
by—
(1) A certificated repair station prop-
erly equipped to perform those func-
tions and holding—
(i) A radio rating, Class III;
(ii) A limited radio rating appro-
priate to the make and model trans-
ponder to be tested;
(iii) A limited rating appropriate to
the test to be performed;
(2) A holder of a continuous air-
worthiness maintenance program as
provided in part 121 or § 135.411(a)(2) of
this chapter; or
(3) The manufacturer of the aircraft
on which the transponder to be tested
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Federal Aviation Administration, DOT
§ 91.417
is installed, if the transponder was in-
stalled by that manufacturer.
[Doc. No. 18334, 54 FR 34311, Aug. 18, 1989, as
amended by Amdt. 91–267, 66 FR 21066, Apr.
27, 2001; Amdt. 91–269, 66 FR 41116, Aug. 6,
2001]
§ 91.415
Changes to aircraft inspection
programs.
(a) Whenever the Administrator finds
that revisions to an approved aircraft
inspection program under § 91.409(f)(4)
or § 91.1109 are necessary for the contin-
ued adequacy of the program, the
owner or operator must, after notifica-
tion by the Administrator, make any
changes in the program found to be
necessary by the Administrator.
(b) The owner or operator may peti-
tion the Administrator to reconsider
the notice to make any changes in a
program in accordance with paragraph
(a) of this section.
(c) The petition must be filed with
the Executive Director, Flight Stand-
ards Service within 30 days after the
certificate holder or fractional owner-
ship program manager receives the no-
tice.
(d) Except in the case of an emer-
gency requiring immediate action in
the interest of safety, the filing of the
petition stays the notice pending a de-
cision by the Administrator.
[Doc. No. 18334, 54 FR 34311, Aug. 18, 1989, as
amended by Amdt. 91–280, 68 FR 54560, Sept.
17, 2003; Docket FAA–2018–0119, Amdt. 91–350,
83 FR 9171, Mar. 5, 2018]
§ 91.417
Maintenance records.
(a) Except for work performed in ac-
cordance with §§ 91.411 and 91.413, each
registered owner or operator shall keep
the following records for the periods
specified in paragraph (b) of this sec-
tion:
(1) Records of the maintenance, pre-
ventive maintenance, and alteration
and records of the 100-hour, annual,
progressive, and other required or ap-
proved inspections, as appropriate, for
each aircraft (including the airframe)
and each engine, propeller, rotor, and
appliance of an aircraft. The records
must include—
(i) A description (or reference to data
acceptable to the Administrator) of the
work performed; and
(ii) The date of completion of the
work performed; and
(iii) The signature, and certificate
number of the person approving the
aircraft for return to service.
(2) Records containing the following
information:
(i) The total time in service of the
airframe, each engine, each propeller,
and each rotor.
(ii) The current status of life-limited
parts of each airframe, engine, pro-
peller, rotor, and appliance.
(iii) The time since last overhaul of
all items installed on the aircraft
which are required to be overhauled on
a specified time basis.
(iv) The current inspection status of
the aircraft, including the time since
the last inspection required by the in-
spection program under which the air-
craft and its appliances are main-
tained.
(v) The current status of applicable
airworthiness directives (AD) and safe-
ty directives including, for each, the
method of compliance, the AD or safe-
ty directive number and revision date.
If the AD or safety directive involves
recurring action, the time and date
when the next action is required.
(vi) Copies of the forms prescribed by
§ 43.9(d) of this chapter for each major
alteration to the airframe and cur-
rently installed engines, rotors, propel-
lers, and appliances.
(b) The owner or operator shall re-
tain the following records for the peri-
ods prescribed:
(1) The records specified in paragraph
(a)(1) of this section shall be retained
until the work is repeated or super-
seded by other work or for 1 year after
the work is performed.
(2) The records specified in paragraph
(a)(2) of this section shall be retained
and transferred with the aircraft at the
time the aircraft is sold.
(3) A list of defects furnished to a
registered owner or operator under
§ 43.11 of this chapter shall be retained
until the defects are repaired and the
aircraft is approved for return to serv-
ice.
(c) The owner or operator shall make
all maintenance records required to be
kept by this section available for in-
spection by the Administrator or any
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14 CFR Ch. I (1–1–24 Edition)
§ 91.419
authorized representative of the Na-
tional Transportation Safety Board
(NTSB). In addition, the owner or oper-
ator shall present Form 337 described
in paragraph (d) of this section for in-
spection upon request of any law en-
forcement officer.
(d) When a fuel tank is installed
within the passenger compartment or a
baggage compartment pursuant to part
43 of this chapter, a copy of FAA Form
337 shall be kept on board the modified
aircraft by the owner or operator.
(Approved by the Office of Management and
Budget under control number 2120–0005)
[Doc. No. 18334, 54 FR 34311, Aug. 18, 1989, as
amended by Amdt. 91–311, 75 FR 5223, Feb. 1,
2010; Amdt. 91–323, 76 FR 39260, July 6, 2011]
§ 91.419
Transfer of maintenance
records.
Any owner or operator who sells a
U.S.-registered aircraft shall transfer
to the purchaser, at the time of sale,
the following records of that aircraft,
in plain language form or in coded form
at the election of the purchaser, if the
coded form provides for the preserva-
tion and retrieval of information in a
manner acceptable to the Adminis-
trator:
(a) The records specified in
§ 91.417(a)(2).
(b) The records specified in
§ 91.417(a)(1) which are not included in
the records covered by paragraph (a) of
this section, except that the purchaser
may permit the seller to keep physical
custody of such records. However, cus-
tody of records by the seller does not
relieve the purchaser of the responsi-
bility under § 91.417(c) to make the
records available for inspection by the
Administrator or any authorized rep-
resentative of the National Transpor-
tation Safety Board (NTSB).
§ 91.421
Rebuilt engine maintenance
records.
(a) The owner or operator may use a
new maintenance record, without pre-
vious operating history, for an aircraft
engine rebuilt by the manufacturer or
by an agency approved by the manufac-
turer.
(b) Each manufacturer or agency
that grants zero time to an engine re-
built by it shall enter in the new
record—
(1) A signed statement of the date the
engine was rebuilt;
(2) Each change made as required by
airworthiness directives; and
(3) Each change made in compliance
with manufacturer’s service bulletins,
if the entry is specifically requested in
that bulletin.
(c) For the purposes of this section, a
rebuilt engine is a used engine that has
been completely disassembled, in-
spected, repaired as necessary, reas-
sembled, tested, and approved in the
same manner and to the same toler-
ances and limits as a new engine with
either new or used parts. However, all
parts used in it must conform to the
production drawing tolerances and lim-
its for new parts or be of approved
oversized or undersized dimensions for
a new engine.
§§ 91.423–91.499
[Reserved]
Subpart F—Large and Turbine-
Powered Multiengine Air-
planes and Fractional Owner-
ship Program Aircraft
S
OURCE
: Docket No. 18334, 54 FR 34314, Aug.
18, 1989, unless otherwise noted.
§ 91.501
Applicability.
(a) This subpart prescribes operating
rules, in addition to those prescribed in
other subparts of this part, governing
the operation of large airplanes of U.S.
registry, turbojet-powered multiengine
civil airplanes of U.S. registry, and
fractional ownership program aircraft
of U.S. registry that are operating
under subpart K of this part in oper-
ations not involving common carriage.
The operating rules in this subpart do
not apply to those aircraft when they
are required to be operated under parts
121, 125, 129, 135, and 137 of this chapter.
(Section 91.409 prescribes an inspection
program for large and for turbine-pow-
ered (turbojet and turboprop) multien-
gine airplanes and turbine-powered
rotorcraft of U.S. registry when they
are operated under this part or part 129
or 137.)
(b) Operations that may be conducted
under the rules in this subpart instead
of those in parts 121, 129, 135, and 137 of
this chapter when common carriage is
not involved, include—
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§ 91.501
(1) Ferry or training flights;
(2) Aerial work operations such as
aerial photography or survey, or pipe-
line patrol, but not including fire fight-
ing operations;
(3) Flights for the demonstration of
an airplane to prospective customers
when no charge is made except for
those specified in paragraph (d) of this
section;
(4) Flights conducted by the operator
of an airplane for his personal trans-
portation, or the transportation of his
guests when no charge, assessment, or
fee is made for the transportation;
(5) Carriage of officials, employees,
guests, and property of a company on
an airplane operated by that company,
or the parent or a subsidiary of the
company or a subsidiary of the parent,
when the carriage is within the scope
of, and incidental to, the business of
the company (other than transpor-
tation by air) and no charge, assess-
ment or fee is made for the carriage in
excess of the cost of owning, operating,
and maintaining the airplane, except
that no charge of any kind may be
made for the carriage of a guest of a
company, when the carriage is not
within the scope of, and incidental to,
the business of that company;
(6) The carriage of company officials,
employees, and guests of the company
on an airplane operated under a time
sharing, interchange, or joint owner-
ship agreement as defined in paragraph
(c) of this section;
(7) The carriage of property (other
than mail) on an airplane operated by
a person in the furtherance of a busi-
ness or employment (other than trans-
portation by air) when the carriage is
within the scope of, and incidental to,
that business or employment and no
charge, assessment, or fee is made for
the carriage other than those specified
in paragraph (d) of this section;
(8) The carriage on an airplane of an
athletic team, sports group, choral
group, or similar group having a com-
mon purpose or objective when there is
no charge, assessment, or fee of any
kind made by any person for that car-
riage; and
(9) The carriage of persons on an air-
plane operated by a person in the fur-
therance of a business other than
transportation by air for the purpose of
selling them land, goods, or property,
including franchises or distributor-
ships, when the carriage is within the
scope of, and incidental to, that busi-
ness and no charge, assessment, or fee
is made for that carriage.
(10) Any operation identified in para-
graphs (b)(1) through (b)(9) of this sec-
tion when conducted—
(i) By a fractional ownership program
manager, or
(ii) By a fractional owner in a frac-
tional ownership program aircraft op-
erated under subpart K of this part, ex-
cept that a flight under a joint owner-
ship arrangement under paragraph
(b)(6) of this section may not be con-
ducted. For a flight under an inter-
change agreement under paragraph
(b)(6) of this section, the exchange of
equal time for the operation must be
properly accounted for as part of the
total hours associated with the frac-
tional owner’s share of ownership.
(c) As used in this section—
(1) A
time sharing agreement means an
arrangement whereby a person leases
his airplane with flight crew to another
person, and no charge is made for the
flights conducted under that arrange-
ment other than those specified in
paragraph (d) of this section;
(2) An
interchange agreement means an
arrangement whereby a person leases
his airplane to another person in ex-
change for equal time, when needed, on
the other person’s airplane, and no
charge, assessment, or fee is made, ex-
cept that a charge may be made not to
exceed the difference between the cost
of owning, operating, and maintaining
the two airplanes;
(3) A
joint ownership agreement means
an arrangement whereby one of the
registered joint owners of an airplane
employs and furnishes the flight crew
for that airplane and each of the reg-
istered joint owners pays a share of the
charge specified in the agreement.
(d) The following may be charged, as
expenses of a specific flight, for trans-
portation as authorized by paragraphs
(b) (3) and (7) and (c)(1) of this section:
(1) Fuel, oil, lubricants, and other ad-
ditives.
(2) Travel expenses of the crew, in-
cluding food, lodging, and ground
transportation.
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§ 91.503
(3) Hangar and tie-down costs away
from the aircraft’s base of operation.
(4) Insurance obtained for the specific
flight.
(5) Landing fees, airport taxes, and
similar assessments.
(6) Customs, foreign permit, and
similar fees directly related to the
flight.
(7) In flight food and beverages.
(8) Passenger ground transportation.
(9) Flight planning and weather con-
tract services.
(10) An additional charge equal to 100
percent of the expenses listed in para-
graph (d)(1) of this section.
[Doc. No. 18334, 54 FR 34314, Aug. 18, 1989, as
amended by Amdt. 91–280, 68 FR 54560, Sept.
17, 2003]
§ 91.503
Flying equipment and oper-
ating information.
(a) The pilot in command of an air-
plane shall ensure that the following
flying equipment and aeronautical
charts and data, in current and appro-
priate form, are accessible for each
flight at the pilot station of the air-
plane:
(1) A flashlight having at least two
size ‘‘D’’ cells, or the equivalent, that
is in good working order.
(2) A cockpit checklist containing
the procedures required by paragraph
(b) of this section.
(3) Pertinent aeronautical charts.
(4) For IFR, VFR over-the-top, or
night operations, each pertinent navi-
gational en route, terminal area, and
approach and letdown chart.
(5) In the case of multiengine air-
planes, one-engine inoperative climb
performance data.
(b) Each cockpit checklist must con-
tain the following procedures and shall
be used by the flight crewmembers
when operating the airplane:
(1) Before starting engines.
(2) Before takeoff.
(3) Cruise.
(4) Before landing.
(5) After landing.
(6) Stopping engines.
(7) Emergencies.
(c) Each emergency cockpit checklist
procedure required by paragraph (b)(7)
of this section must contain the fol-
lowing procedures, as appropriate:
(1) Emergency operation of fuel, hy-
draulic, electrical, and mechanical sys-
tems.
(2) Emergency operation of instru-
ments and controls.
(3) Engine inoperative procedures.
(4) Any other procedures necessary
for safety.
(d) The equipment, charts, and data
prescribed in this section shall be used
by the pilot in command and other
members of the flight crew, when perti-
nent.
§ 91.505
Familiarity with operating
limitations and emergency equip-
ment.
(a) Each pilot in command of an air-
plane shall, before beginning a flight,
become familiar with the Airplane
Flight Manual for that airplane, if one
is required, and with any placards, list-
ings, instrument markings, or any
combination thereof, containing each
operating limitation prescribed for
that airplane by the Administrator, in-
cluding those specified in § 91.9(b).
(b) Each required member of the crew
shall, before beginning a flight, become
familiar with the emergency equip-
ment installed on the airplane to which
that crewmember is assigned and with
the procedures to be followed for the
use of that equipment in an emergency
situation.
§ 91.507
Equipment requirements:
Over-the-top or night VFR oper-
ations.
No person may operate an airplane
over-the-top or at night under VFR un-
less that airplane is equipped with the
instruments and equipment required
for IFR operations under § 91.205(d) and
one electric landing light for night op-
erations. Each required instrument and
item of equipment must be in operable
condition.
§ 91.509
Survival equipment for
overwater operations.
(a) No person may take off an air-
plane for a flight over water more than
50 nautical miles from the nearest
shore unless that airplane is equipped
with a life preserver or an approved flo-
tation means for each occupant of the
airplane.
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§ 91.511
(b) Except as provided in paragraph
(c) of this section, no person may take
off an airplane for flight over water
more than 30 minutes flying time or 100
nautical miles from the nearest shore,
whichever is less, unless it has on
board the following survival equip-
ment:
(1) A life preserver, equipped with an
approved survivor locator light, for
each occupant of the airplane.
(2) Enough liferafts (each equipped
with an approved survival locator
light) of a rated capacity and buoyancy
to accommodate the occupants of the
airplane.
(3) At least one pyrotechnic signaling
device for each liferaft.
(4) One self-buoyant, water-resistant,
portable emergency radio signaling de-
vice that is capable of transmission on
the appropriate emergency frequency
or frequencies and not dependent upon
the airplane power supply.
(5) A lifeline stored in accordance
with § 25.1411(g) of this chapter.
(c) A fractional ownership program
manager under subpart K of this part
may apply for a deviation from para-
graphs (b)(2) through (5) of this section
for a particular over water operation or
the Administrator may amend the
management specifications to require
the carriage of all or any specific items
of the equipment listed in paragraphs
(b)(2) through (5) of this section.
(d) The required life rafts, life pre-
servers, and signaling devices must be
installed in conspicuously marked lo-
cations and easily accessible in the
event of a ditching without appreciable
time for preparatory procedures.
(e) A survival kit, appropriately
equipped for the route to be flown,
must be attached to each required life
raft.
(f) As used in this section, the term
shore means that area of the land adja-
cent to the water that is above the
high water mark and excludes land
areas that are intermittently under
water.
[Doc. No. 18334, 54 FR 34314, Aug. 18, 1989, as
amended by Amdt. 91–280, 68 FR 54561, Sept.
17, 2003]
§ 91.511
Communication and naviga-
tion equipment for overwater oper-
ations.
(a) Except as provided in paragraphs
(c), (d), and (f) of this section, no per-
son operating under this subpart may
take off an airplane for a flight over
water more than 30 minutes flying
time or 100 nautical miles from the
nearest shore unless it has at least the
following operable equipment:
(1) Radio communication equipment
appropriate to the facilities to be used
and able to transmit to, and receive
from, at least one communication fa-
cility from any place along the route:
(i) Two transmitters.
(ii) Two microphones.
(iii) Two headsets or one headset and
one speaker.
(iv) Two independent receivers.
(2) Appropriate electronic naviga-
tional equipment consisting of at least
two independent electronic navigation
units capable of providing the pilot
with the information necessary to
navigate the airplane within the air-
space assigned by air traffic control.
However, a receiver that can receive
both communications and required
navigational signals may be used in
place of a separate communications re-
ceiver and a separate navigational sig-
nal receiver or unit.
(b) For the purposes of paragraphs
(a)(1)(iv) and (a)(2) of this section, a re-
ceiver or electronic navigation unit is
independent if the function of any part
of it does not depend on the func-
tioning of any part of another receiver
or electronic navigation unit.
(c) Notwithstanding the provisions of
paragraph (a) of this section, a person
may operate an airplane on which no
passengers are carried from a place
where repairs or replacement cannot be
made to a place where they can be
made, if not more than one of each of
the dual items of radio communication
and navigational equipment specified
in paragraphs (a)(1) (i) through (iv) and
(a)(2) of this section malfunctions or
becomes inoperative.
(d) Notwithstanding the provisions of
paragraph (a) of this section, when
both VHF and HF communications
equipment are required for the route
and the airplane has two VHF trans-
mitters and two VHF receivers for
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14 CFR Ch. I (1–1–24 Edition)
§ 91.513
communications, only one HF trans-
mitter and one HF receiver is required
for communications.
(e) As used in this section, the term
shore means that area of the land adja-
cent to the water which is above the
high-water mark and excludes land
areas which are intermittently under
water.
(f) Notwithstanding the requirements
in paragraph (a)(2) of this section, a
person may operate in the Gulf of Mex-
ico, the Caribbean Sea, and the Atlan-
tic Ocean west of a line which extends
from 44
°
47
′
00
″
N / 67
°
00
′
00
″
W to 39
°
00
′
00
″
N / 67
°
00
′
00
″
W to 38
°
30
′
00
″
N / 60
°
00
′
00
″
W
south along the 60
°
00
′
00
″
W longitude
line to the point where the line inter-
sects with the northern coast of South
America, when:
(1) A single long-range navigation
system is installed, operational, and
appropriate for the route; and
(2) Flight conditions and the air-
craft’s capabilities are such that no
more than a 30-minute gap in two-way
radio very high frequency communica-
tions is expected to exist.
[Doc. No. 18334, 54 FR 34314, Aug. 18, 1989, as
amended by Amdt. 91–249, 61 FR 7190, Feb. 26,
1996; Amdt. 91–296, 72 FR 31679, June 7, 2007;
Docket No. FAA–2022–1355, Amdt. No. 91–366,
87 FR 75846, Dec. 9, 2022]
§ 91.513
Emergency equipment.
(a) No person may operate an air-
plane unless it is equipped with the
emergency equipment listed in this
section.
(b) Each item of equipment—
(1) Must be inspected in accordance
with § 91.409 to ensure its continued
serviceability and immediate readiness
for its intended purposes;
(2) Must be readily accessible to the
crew;
(3) Must clearly indicate its method
of operation; and
(4) When carried in a compartment or
container, must have that compart-
ment or container marked as to con-
tents and date of last inspection.
(c) Hand fire extinguishers must be
provided for use in crew, passenger, and
cargo compartments in accordance
with the following:
(1) The type and quantity of extin-
guishing agent must be suitable for the
kinds of fires likely to occur in the
compartment where the extinguisher is
intended to be used.
(2) At least one hand fire extin-
guisher must be provided and located
on or near the flight deck in a place
that is readily accessible to the flight
crew.
(3) At least one hand fire extin-
guisher must be conveniently located
in the passenger compartment of each
airplane accommodating more than six
but less than 31 passengers, and at
least two hand fire extinguishers must
be conveniently located in the pas-
senger compartment of each airplane
accommodating more than 30 pas-
sengers.
(4) Hand fire extinguishers must be
installed and secured in such a manner
that they will not interfere with the
safe operation of the airplane or ad-
versely affect the safety of the crew
and passengers. They must be readily
accessible and, unless the locations of
the fire extinguishers are obvious,
their stowage provisions must be prop-
erly identified.
(d) First aid kits for treatment of in-
juries likely to occur in flight or in
minor accidents must be provided.
(e) Each airplane accommodating
more than 19 passengers must be
equipped with a crash axe.
(f) Each passenger-carrying airplane
must have a portable battery-powered
megaphone or megaphones readily ac-
cessible to the crewmembers assigned
to direct emergency evacuation, in-
stalled as follows:
(1) One megaphone on each airplane
with a seating capacity of more than 60
but less than 100 passengers, at the
most rearward location in the pas-
senger cabin where it would be readily
accessible to a normal flight attendant
seat. However, the Administrator may
grant a deviation from the require-
ments of this subparagraph if the Ad-
ministrator finds that a different loca-
tion would be more useful for evacu-
ation of persons during an emergency.
(2) On each airplane with a seating
capacity of 100 or more passengers, one
megaphone installed at the forward end
and one installed at the most rearward
location where it would be readily ac-
cessible to a normal flight attendant
seat.
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Federal Aviation Administration, DOT
§ 91.519
§ 91.515
Flight altitude rules.
(a) Notwithstanding § 91.119, and ex-
cept as provided in paragraph (b) of
this section, no person may operate an
airplane under VFR at less than—
(1) One thousand feet above the sur-
face, or 1,000 feet from any mountain,
hill, or other obstruction to flight, for
day operations; and
(2) The altitudes prescribed in § 91.177,
for night operations.
(b) This section does not apply—
(1) During takeoff or landing;
(2) When a different altitude is au-
thorized by a waiver to this section
under subpart J of this part; or
(3) When a flight is conducted under
the special VFR weather minimums of
§ 91.157 with an appropriate clearance
from ATC.
§ 91.517
Passenger information.
(a) Except as provided in paragraph
(b) of this section, no person may oper-
ate an airplane carrying passengers un-
less it is equipped with signs that are
visible to passengers and flight attend-
ants to notify them when smoking is
prohibited and when safety belts must
be fastened. The signs must be so con-
structed that the crew can turn them
on and off. They must be turned on
during airplane movement on the sur-
face, for each takeoff, for each landing,
and when otherwise considered to be
necessary by the pilot in command.
(b) The pilot in command of an air-
plane that is not required, in accord-
ance with applicable aircraft and
equipment requirements of this chap-
ter, to be equipped as provided in para-
graph (a) of this section shall ensure
that the passengers are notified orally
each time that it is necessary to fasten
their safety belts and when smoking is
prohibited.
(c) If passenger information signs are
installed, no passenger or crewmember
may smoke while any ‘‘no smoking’’
sign is lighted nor may any passenger
or crewmember smoke in any lavatory.
(d) Each passenger required by
§ 91.107(a)(3) to occupy a seat or berth
shall fasten his or her safety belt about
him or her and keep it fastened while
any ‘‘fasten seat belt’’ sign is lighted.
(e) Each passenger shall comply with
instructions given him or her by crew-
members regarding compliance with
paragraphs (b), (c), and (d) of this sec-
tion.
[Doc. No. 26142, 57 FR 42672, Sept. 15, 1992]
§ 91.519
Passenger briefing.
(a) Before each takeoff the pilot in
command of an airplane carrying pas-
sengers shall ensure that all passengers
have been orally briefed on—
(1)
Smoking. Each passenger shall be
briefed on when, where, and under what
conditions smoking is prohibited. This
briefing shall include a statement, as
appropriate, that the Federal Aviation
Regulations require passenger compli-
ance with lighted passenger informa-
tion signs and no smoking placards,
prohibit smoking in lavatories, and re-
quire compliance with crewmember in-
structions with regard to these items;
(2)
Use of safety belts and shoulder har-
nesses. Each passenger shall be briefed
on when, where, and under what condi-
tions it is necessary to have his or her
safety belt and, if installed, his or her
shoulder harness fastened about him or
her. This briefing shall include a state-
ment, as appropriate, that Federal
Aviation Regulations require passenger
compliance with the lighted passenger
sign and/or crewmember instructions
with regard to these items;
(3) Location and means for opening
the passenger entry door and emer-
gency exits;
(4) Location of survival equipment;
(5) Ditching procedures and the use of
flotation equipment required under
§ 91.509 for a flight over water; and
(6) The normal and emergency use of
oxygen equipment installed on the air-
plane.
(b) The oral briefing required by
paragraph (a) of this section shall be
given by the pilot in command or a
member of the crew, but need not be
given when the pilot in command de-
termines that the passengers are famil-
iar with the contents of the briefing. It
may be supplemented by printed cards
for the use of each passenger con-
taining—
(1) A diagram of, and methods of op-
erating, the emergency exits; and
(2) Other instructions necessary for
use of emergency equipment.
(c) Each card used under paragraph
(b) must be carried in convenient loca-
tions on the airplane for the use of
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14 CFR Ch. I (1–1–24 Edition)
§ 91.521
each passenger and must contain infor-
mation that is pertinent only to the
type and model airplane on which it is
used.
(d) For operations under subpart K of
this part, the passenger briefing re-
quirements of § 91.1035 apply, instead of
the requirements of paragraphs (a)
through (c) of this section.
[Doc. No. 18334, 54 FR 34314, Aug. 18, 1989, as
amended by Amdt. 91–231, 57 FR 42672, Sept.
15, 1992; Amdt. 91–280, 68 FR 54561, Sept. 17,
2003]
§ 91.521
Shoulder harness.
(a) No person may operate a trans-
port category airplane that was type
certificated after January 1, 1958, un-
less it is equipped at each seat at a
flight deck station with a combined
safety belt and shoulder harness that
meets the applicable requirements
specified in § 25.785 of this chapter, ex-
cept that—
(1) Shoulder harnesses and combined
safety belt and shoulder harnesses that
were approved and installed before
March 6, 1980, may continue to be used;
and
(2) Safety belt and shoulder harness
restraint systems may be designed to
the inertia load factors established
under the certification basis of the air-
plane.
(b) No person may operate a trans-
port category airplane unless it is
equipped at each required flight at-
tendant seat in the passenger compart-
ment with a combined safety belt and
shoulder harness that meets the appli-
cable requirements specified in § 25.785
of this chapter, except that—
(1) Shoulder harnesses and combined
safety belt and shoulder harnesses that
were approved and installed before
March 6, 1980, may continue to be used;
and
(2) Safety belt and shoulder harness
restraint systems may be designed to
the inertia load factors established
under the certification basis of the air-
plane.
§ 91.523
Carry-on baggage.
No pilot in command of an airplane
having a seating capacity of more than
19 passengers may permit a passenger
to stow baggage aboard that airplane
except—
(a) In a suitable baggage or cargo
storage compartment, or as provided in
§ 91.525; or
(b) Under a passenger seat in such a
way that it will not slide forward under
crash impacts severe enough to induce
the ultimate inertia forces specified in
§ 25.561(b)(3) of this chapter, or the re-
quirements of the regulations under
which the airplane was type certifi-
cated. Restraining devices must also
limit sideward motion of under-seat
baggage and be designed to withstand
crash impacts severe enough to induce
sideward forces specified in § 25.561(b)(3)
of this chapter.
§ 91.525
Carriage of cargo.
(a) No pilot in command may permit
cargo to be carried in any airplane un-
less—
(1) It is carried in an approved cargo
rack, bin, or compartment installed in
the airplane;
(2) It is secured by means approved
by the Administrator; or
(3) It is carried in accordance with
each of the following:
(i) It is properly secured by a safety
belt or other tiedown having enough
strength to eliminate the possibility of
shifting under all normally anticipated
flight and ground conditions.
(ii) It is packaged or covered to avoid
possible injury to passengers.
(iii) It does not impose any load on
seats or on the floor structure that ex-
ceeds the load limitation for those
components.
(iv) It is not located in a position
that restricts the access to or use of
any required emergency or regular
exit, or the use of the aisle between the
crew and the passenger compartment.
(v) It is not carried directly above
seated passengers.
(b) When cargo is carried in cargo
compartments that are designed to re-
quire the physical entry of a crew-
member to extinguish any fire that
may occur during flight, the cargo
must be loaded so as to allow a crew-
member to effectively reach all parts
of the compartment with the contents
of a hand fire extinguisher.
§ 91.527
Operating in icing conditions.
(a) No pilot may take off an airplane
that has frost, ice, or snow adhering to
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§ 91.531
any propeller, windshield, stabilizing
or control surface; to a powerplant in-
stallation; or to an airspeed, altimeter,
rate of climb, or flight attitude instru-
ment system or wing, except that take-
offs may be made with frost under the
wing in the area of the fuel tanks if au-
thorized by the FAA.
(b) No pilot may fly under IFR into
known or forecast light or moderate
icing conditions, or under VFR into
known light or moderate icing condi-
tions, unless—
(1) The aircraft has functioning deic-
ing or anti-icing equipment protecting
each rotor blade, propeller, windshield,
wing, stabilizing or control surface,
and each airspeed, altimeter, rate of
climb, or flight attitude instrument
system;
(2) The airplane has ice protection
provisions that meet section 34 of Spe-
cial Federal Aviation Regulation No.
23; or
(3) The airplane meets transport cat-
egory airplane type certification provi-
sions, including the requirements for
certification for flight in icing condi-
tions.
(c) Except for an airplane that has
ice protection provisions that meet the
requirements in section 34 of Special
Federal Aviation Regulation No. 23, or
those for transport category airplane
type certification, no pilot may fly an
airplane into known or forecast severe
icing conditions.
(d) If current weather reports and
briefing information relied upon by the
pilot in command indicate that the
forecast icing conditions that would
otherwise prohibit the flight will not
be encountered during the flight be-
cause of changed weather conditions
since the forecast, the restrictions in
paragraphs (b) and (c) of this section
based on forecast conditions do not
apply.
[Doc. No. 18334, 54 FR 34314, Aug. 18, 1989, as
amended by Amdt. 91–310, 74 FR 62696, Dec. 1,
2009]
§ 91.529
Flight engineer requirements.
(a) No person may operate the fol-
lowing airplanes without a flight crew-
member holding a current flight engi-
neer certificate:
(1) An airplane for which a type cer-
tificate was issued before January 2,
1964, having a maximum certificated
takeoff weight of more than 80,000
pounds.
(2) An airplane type certificated after
January 1, 1964, for which a flight engi-
neer is required by the type certifi-
cation requirements.
(b) No person may serve as a required
flight engineer on an airplane unless,
within the preceding 6 calendar
months, that person has had at least 50
hours of flight time as a flight engineer
on that type airplane or has been
checked by the Administrator on that
type airplane and is found to be famil-
iar and competent with all essential
current information and operating pro-
cedures.
§ 91.531
Second in command require-
ments.
(a) Except as provided in paragraph
(b) of this section, no person may oper-
ate the following airplanes without a
pilot designated as second in command:
(1) Any airplane that is type certifi-
cated for more than one required pilot.
(2) Any large airplane.
(3) Any commuter category airplane.
(b) A person may operate the fol-
lowing airplanes without a pilot des-
ignated as second in command:
(1) Any airplane certificated for oper-
ation with one pilot.
(2) A large airplane or turbojet-pow-
ered multiengine airplane that holds a
special airworthiness certificate, if:
(i) The airplane was originally de-
signed with only one pilot station; or
(ii) The airplane was originally de-
signed with more than one pilot sta-
tion, but single pilot operations were
permitted by the airplane flight man-
ual or were otherwise permitted by a
branch of the United States Armed
Forces or the armed forces of a foreign
contracting State to the Convention on
International Civil Aviation.
(c) No person may designate a pilot
to serve as second in command, nor
may any pilot serve as second in com-
mand, of an airplane required under
this section to have two pilots unless
that pilot meets the qualifications for
second in command prescribed in § 61.55
of this chapter.
[Docket FAA–2016–6142, Amdt. 91–351, 83 FR
30282, June 27, 2018]
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14 CFR Ch. I (1–1–24 Edition)
§ 91.533
§ 91.533
Flight attendant require-
ments.
(a) No person may operate an air-
plane unless at least the following
number of flight attendants are on
board the airplane:
(1) For airplanes having more than 19
but less than 51 passengers on board,
one flight attendant.
(2) For airplanes having more than 50
but less than 101 passengers on board,
two flight attendants.
(3) For airplanes having more than
100 passengers on board, two flight at-
tendants plus one additional flight at-
tendant for each unit (or part of a unit)
of 50 passengers above 100.
(b) No person may serve as a flight
attendant on an airplane when required
by paragraph (a) of this section unless
that person has demonstrated to the
pilot in command familiarity with the
necessary functions to be performed in
an emergency or a situation requiring
emergency evacuation and is capable of
using the emergency equipment in-
stalled on that airplane.
§ 91.535
Stowage of food, beverage,
and passenger service equipment
during aircraft movement on the
surface, takeoff, and landing.
(a) No operator may move an aircraft
on the surface, take off, or land when
any food, beverage, or tableware fur-
nished by the operator is located at
any passenger seat.
(b) No operator may move an aircraft
on the surface, take off, or land unless
each food and beverage tray and seat
back tray table is secured in its stowed
position.
(c) No operator may permit an air-
craft to move on the surface, take off,
or land unless each passenger serving
cart is secured in its stowed position.
(d) No operator may permit an air-
craft to move on the surface, take off,
or land unless each movie screen that
extends into the aisle is stowed.
(e) Each passenger shall comply with
instructions given by a crewmember
with regard to compliance with this
section.
[Doc. No. 26142, 57 FR 42672, Sept. 15, 1992]
§§ 91.536–91.599
[Reserved]
Subpart G—Additional Equipment
and Operating Requirements
for Large and Transport Cat-
egory Aircraft
S
OURCE
: Docket No. 18334, 54 FR 34318, Aug.
18, 1989, unless otherwise noted.
§ 91.601
Applicability.
This subpart applies to operation of
large and transport category U.S.-reg-
istered civil aircraft.
§ 91.603
Aural speed warning device.
No person may operate a transport
category airplane in air commerce un-
less that airplane is equipped with an
aural speed warning device that com-
plies with § 25.1303(c)(1).
§ 91.605
Transport category civil air-
plane weight limitations.
(a) No person may take off any trans-
port category airplane (other than a
turbine-engine-powered airplane cer-
tificated after September 30, 1958) un-
less—
(1) The takeoff weight does not ex-
ceed the authorized maximum takeoff
weight for the elevation of the airport
of takeoff;
(2) The elevation of the airport of
takeoff is within the altitude range for
which maximum takeoff weights have
been determined;
(3) Normal consumption of fuel and
oil in flight to the airport of intended
landing will leave a weight on arrival
not in excess of the authorized max-
imum landing weight for the elevation
of that airport; and
(4) The elevations of the airport of in-
tended landing and of all specified al-
ternate airports are within the altitude
range for which the maximum landing
weights have been determined.
(b) No person may operate a turbine-
engine-powered transport category air-
plane certificated after September 30,
1958, contrary to the Airplane Flight
Manual, or take off that airplane un-
less—
(1) The takeoff weight does not ex-
ceed the takeoff weight specified in the
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Federal Aviation Administration, DOT
§ 91.607
Airplane Flight Manual for the ele-
vation of the airport and for the ambi-
ent temperature existing at the time of
takeoff;
(2) Normal consumption of fuel and
oil in flight to the airport of intended
landing and to the alternate airports
will leave a weight on arrival not in ex-
cess of the landing weight specified in
the Airplane Flight Manual for the ele-
vation of each of the airports involved
and for the ambient temperatures ex-
pected at the time of landing;
(3) The takeoff weight does not ex-
ceed the weight shown in the Airplane
Flight Manual to correspond with the
minimum distances required for take-
off, considering the elevation of the
airport, the runway to be used, the ef-
fective runway gradient, the ambient
temperature and wind component at
the time of takeoff, and, if operating
limitations exist for the minimum dis-
tances required for takeoff from wet
runways, the runway surface condition
(dry or wet). Wet runway distances as-
sociated with grooved or porous fric-
tion course runways, if provided in the
Airplane Flight Manual, may be used
only for runways that are grooved or
treated with a porous friction course
(PFC) overlay, and that the operator
determines are designed, constructed,
and maintained in a manner acceptable
to the Administrator.
(4) Where the takeoff distance in-
cludes a clearway, the clearway dis-
tance is not greater than one-half of—
(i) The takeoff run, in the case of air-
planes certificated after September 30,
1958, and before August 30, 1959; or
(ii) The runway length, in the case of
airplanes certificated after August 29,
1959.
(c) No person may take off a turbine-
engine-powered transport category air-
plane certificated after August 29, 1959,
unless, in addition to the requirements
of paragraph (b) of this section—
(1) The accelerate-stop distance is no
greater than the length of the runway
plus the length of the stopway (if
present); and
(2) The takeoff distance is no greater
than the length of the runway plus the
length of the clearway (if present); and
(3) The takeoff run is no greater than
the length of the runway.
[Doc. No. 18334, 54 FR 34318, Aug. 18, 1989, as
amended by Amdt. 91–256, 63 FR 8321, Feb. 18,
1998]
§ 91.607
Emergency exits for airplanes
carrying passengers for hire.
(a) Notwithstanding any other provi-
sion of this chapter, no person may op-
erate a large airplane (type certificated
under the Civil Air Regulations effec-
tive before April 9, 1957) in passenger-
carrying operations for hire, with more
than the number of occupants—
(1) Allowed under Civil Air Regula-
tions § 4b.362 (a), (b), and (c) as in effect
on December 20, 1951; or
(2) Approved under Special Civil Air
Regulations SR–387, SR–389, SR–389A,
or SR–389B, or under this section as in
effect.
However, an airplane type listed in the
following table may be operated with
up to the listed number of occupants
(including crewmembers) and the cor-
responding number of exits (including
emergency exits and doors) approved
for the emergency exit of passengers or
with an occupant-exit configuration
approved under paragraph (b) or (c) of
this section.
Airplane type
Maximum num-
ber of occupants
including all
crewmembers
Corresponding
number of exits
authorized for
passenger use
B–307 ........................
61 4
B–377 ........................
96 9
C–46 ..........................
67 4
CV–240 ......................
53 6
CV–340 and CV–440
53
6
DC–3 .........................
35 4
DC–3 (Super) ............
39
5
DC–4 .........................
86 5
DC–6 .........................
87 7
DC–6B .......................
112 11
L–18 ...........................
17 3
L–049, L–649, L–749
87
7
L–1049 series ............
96
9
M–202 ........................
53 6
M–404 ........................
53 7
Viscount 700 series ...
53
7
(b) Occupants in addition to those au-
thorized under paragraph (a) of this
section may be carried as follows:
(1) For each additional floor-level
exit at least 24 inches wide by 48 inches
high, with an unobstructed 20-inch-
wide access aisleway between the exit
and the main passenger aisle, 12 addi-
tional occupants.
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14 CFR Ch. I (1–1–24 Edition)
§ 91.609
(2) For each additional window exit
located over a wing that meets the re-
quirements of the airworthiness stand-
ards under which the airplane was type
certificated or that is large enough to
inscribe an ellipse 19
×
26 inches, eight
additional occupants.
(3) For each additional window exit
that is not located over a wing but that
otherwise complies with paragraph
(b)(2) of this section, five additional oc-
cupants.
(4) For each airplane having a ratio
(as computed from the table in para-
graph (a) of this section) of maximum
number of occupants to number of
exits greater than 14:1, and for each
airplane that does not have at least
one full-size, door-type exit in the side
of the fuselage in the rear part of the
cabin, the first additional exit must be
a floor-level exit that complies with
paragraph (b)(1) of this section and
must be located in the rear part of the
cabin on the opposite side of the fuse-
lage from the main entrance door.
However, no person may operate an
airplane under this section carrying
more than 115 occupants unless there is
such an exit on each side of the fuse-
lage in the rear part of the cabin.
(c) No person may eliminate any ap-
proved exit except in accordance with
the following:
(1) The previously authorized max-
imum number of occupants must be re-
duced by the same number of addi-
tional occupants authorized for that
exit under this section.
(2) Exits must be eliminated in ac-
cordance with the following priority
schedule: First, non-over-wing window
exits; second, over-wing window exits;
third, floor-level exits located in the
forward part of the cabin; and fourth,
floor-level exits located in the rear of
the cabin.
(3) At least one exit must be retained
on each side of the fuselage regardless
of the number of occupants.
(4) No person may remove any exit
that would result in a ratio of max-
imum number of occupants to approved
exits greater than 14:1.
(d) This section does not relieve any
person operating under part 121 of this
chapter from complying with § 121.291.
§ 91.609
Flight data recorders and
cockpit voice recorders.
(a) No holder of an air carrier oper-
ating certificate or an operating cer-
tificate may conduct any operation
under this part with an aircraft listed
in the holder’s operations specifica-
tions or current list of aircraft used in
air transportation unless that aircraft
complies with any applicable flight re-
corder and cockpit voice recorder re-
quirements of the part under which its
certificate is issued except that the op-
erator may—
(1) Ferry an aircraft with an inoper-
ative flight recorder or cockpit voice
recorder from a place where repair or
replacement cannot be made to a place
where they can be made;
(2) Continue a flight as originally
planned, if the flight recorder or cock-
pit voice recorder becomes inoperative
after the aircraft has taken off;
(3) Conduct an airworthiness flight
test during which the flight recorder or
cockpit voice recorder is turned off to
test it or to test any communications
or electrical equipment installed in the
aircraft; or
(4) Ferry a newly acquired aircraft
from the place where possession of it is
taken to a place where the flight re-
corder or cockpit voice recorder is to
be installed.
(b) Notwithstanding paragraphs (c)
and (e) of this section, an operator
other than the holder of an air carrier
or a commercial operator certificate
may—
(1) Ferry an aircraft with an inoper-
ative flight recorder or cockpit voice
recorder from a place where repair or
replacement cannot be made to a place
where they can be made;
(2) Continue a flight as originally
planned if the flight recorder or cock-
pit voice recorder becomes inoperative
after the aircraft has taken off;
(3) Conduct an airworthiness flight
test during which the flight recorder or
cockpit voice recorder is turned off to
test it or to test any communications
or electrical equipment installed in the
aircraft;
(4) Ferry a newly acquired aircraft
from a place where possession of it was
taken to a place where the flight re-
corder or cockpit voice recorder is to
be installed; or
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Federal Aviation Administration, DOT
§ 91.609
(5) Operate an aircraft:
(i) For not more than 15 days while
the flight recorder and/or cockpit voice
recorder is inoperative and/or removed
for repair provided that the aircraft
maintenance records contain an entry
that indicates the date of failure, and a
placard is located in view of the pilot
to show that the flight recorder or
cockpit voice recorder is inoperative.
(ii) For not more than an additional
15 days, provided that the requirements
in paragraph (b)(5)(i) are met and that
a certificated pilot, or a certificated
person authorized to return an aircraft
to service under § 43.7 of this chapter,
certifies in the aircraft maintenance
records that additional time is required
to complete repairs or obtain a replace-
ment unit.
(c)(1) No person may operate a U.S.
civil registered, multiengine, turbine-
powered airplane or rotorcraft having a
passenger seating configuration, ex-
cluding any pilot seats of 10 or more
that has been manufactured after Octo-
ber 11, 1991, unless it is equipped with
one or more approved flight recorders
that utilize a digital method of record-
ing and storing data and a method of
readily retrieving that data from the
storage medium, that are capable of re-
cording the data specified in appendix
E to this part, for an airplane, or ap-
pendix F to this part, for a rotorcraft,
of this part within the range, accuracy,
and recording interval specified, and
that are capable of retaining no less
than 8 hours of aircraft operation.
(2) All airplanes subject to paragraph
(c)(1) of this section that are manufac-
tured before April 7, 2010, by April 7,
2012, must meet the requirements of
§ 23.1459(a)(7) or § 25.1459(a)(8) of this
chapter, as applicable.
(3) All airplanes and rotorcraft sub-
ject to paragraph (c)(1) of this section
that are manufactured on or after
April 7, 2010, must meet the flight data
recorder requirements of § 23.1459,
§ 25.1459, § 27.1459, or § 29.1459 of this
chapter, as applicable, and retain at
least the last 25 hours of recorded in-
formation using a recorder that meets
the standards of TSO–C124a, or later re-
vision.
(d) Whenever a flight recorder, re-
quired by this section, is installed, it
must be operated continuously from
the instant the airplane begins the
takeoff roll or the rotorcraft begins
lift-off until the airplane has com-
pleted the landing roll or the rotorcraft
has landed at its destination.
(e) Unless otherwise authorized by
the Administrator, after October 11,
1991, no person may operate a U.S. civil
registered multiengine, turbine-pow-
ered airplane or rotorcraft having a
passenger seating configuration of six
passengers or more and for which two
pilots are required by type certifi-
cation or operating rule unless it is
equipped with an approved cockpit
voice recorder that:
(1) Is installed in compliance with
§ 23.1457(a)(1) and (2), (b), (c), (d)(1)(i),
(2) and (3), (e), (f), and (g); § 25.1457(a)(1)
and (2), (b), (c), (d)(1)(i), (2) and (3), (e),
(f), and (g); § 27.1457(a)(1) and (2), (b),
(c), (d)(1)(i), (2) and (3), (e), (f), and (g);
or § 29.1457(a)(1) and (2), (b), (c), (d)(1)(i),
(2) and (3), (e), (f), and (g) of this chap-
ter, as applicable; and
(2) Is operated continuously from the
use of the checklist before the flight to
completion of the final checklist at the
end of the flight.
(f) In complying with this section, an
approved cockpit voice recorder having
an erasure feature may be used, so that
at any time during the operation of the
recorder, information recorded more
than 15 minutes earlier may be erased
or otherwise obliterated.
(g) In the event of an accident or oc-
currence requiring immediate notifica-
tion to the National Transportation
Safety Board under 49 CFR part 830 of
its regulations that results in the ter-
mination of the flight, any operator
who has installed approved flight re-
corders and approved cockpit voice re-
corders shall keep the recorded infor-
mation for at least 60 days or, if re-
quested by the Administrator or the
Board, for a longer period. Information
obtained from the record is used to as-
sist in determining the cause of acci-
dents or occurrences in connection
with the investigation under 49 CFR
part 830. The Administrator does not
use the cockpit voice recorder record
in any civil penalty or certificate ac-
tion.
(h) All airplanes required by this sec-
tion to have a cockpit voice recorder
and a flight data recorder, that are
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14 CFR Ch. I (1–1–24 Edition)
§ 91.611
manufactured before April 7, 2010, must
by April 7, 2012, have a cockpit voice
recorder that also—
(1) Meets the requirements of
§ 23.1457(d)(6) or § 25.1457(d)(6) of this
chapter, as applicable; and
(2) If transport category, meets the
requirements of § 25.1457(a)(3), (a)(4),
and (a)(5) of this chapter.
(i) All airplanes or rotorcraft re-
quired by this section to have a cockpit
voice recorder and flight data recorder,
that are manufactured on or after
April 7, 2010, must have a cockpit voice
recorder installed that also—
(1) Is installed in accordance with the
requirements of § 23.1457 (except for
paragraphs (a)(6) and (d)(5)); § 25.1457
(except for paragraphs (a)(6) and (d)(5));
§ 27.1457 (except for paragraphs (a)(6)
and (d)(5)); or § 29.1457 (except for para-
graphs (a)(6) and (d)(5)) of this chapter,
as applicable; and
(2) Retains at least the last 2 hours of
recorded information using a recorder
that meets the standards of TSO–C123a,
or later revision.
(3) For all airplanes or rotorcraft
manufactured on or after April 6, 2012,
also meets the requirements of
§ 23.1457(a)(6) and (d)(5); § 25.1457(a)(6)
and (d)(5); § 27.1457(a)(6) and (d)(5); or
§ 29.1457(a)(6) and (d)(5) of this chapter,
as applicable.
(j) All airplanes or rotorcraft re-
quired by this section to have a cockpit
voice recorder and a flight data re-
corder, that install datalink commu-
nication equipment on or after April 6,
2012, must record all datalink messages
as required by the certification rule ap-
plicable to the aircraft.
(k) An aircraft operated under this
part under deviation authority from
part 125 of this chapter must comply
with all of the applicable flight data
recorder requirements of part 125 appli-
cable to the aircraft, notwithstanding
such deviation authority.
[Doc. No. 18334, 54 FR 34318, Aug. 18, 1989, as
amended by Amdt. 91–226, 56 FR 51621, Oct.
11, 1991; Amdt. 91–228, 57 FR 19353, May 5,
1992; Amdt. 91–300, 73 FR 12564, Mar. 7, 2008;
Amdt. 91–304, 73 FR 73178, Dec. 2, 2008; Amdt.
91–300, 74 FR 32800, July 9, 2009; Amdt. 91–313,
75 FR 17045, Apr. 5, 2010; Docket No. FAA–
2022–1355, Amdt. No. 91–366, 87 FR 75846, Dec.
9, 2022]
§ 91.611
Authorization for ferry flight
with one engine inoperative.
(a)
General. The holder of an air car-
rier operating certificate or an oper-
ating certificate