title-14-part-99-sec99-13

884

14 CFR Ch. I (1–1–24 Edition)

§ 99.7

Special security instructions.

Each person operating an aircraft in

an ADIZ or Defense Area must, in addi-
tion to the applicable rules of this part,
comply with special security instruc-
tions issued by the Administrator in
the interest of national security, pur-
suant to agreement between the FAA
and the Department of Defense, or be-
tween the FAA and a U.S. Federal se-
curity or intelligence agency.

[69 FR 16756, Mar. 30, 2004]

§ 99.9

Radio requirements.

(a) A person who operates a civil air-

craft into an ADIZ must have a func-
tioning two-way radio, and the pilot
must maintain a continuous listening
watch on the appropriate aeronautical
facility’s frequency.

(b) No person may operate an aircraft

into, within, or whose departure point
is within an ADIZ unless—

(1) The person files a DVFR flight

plan containing the time and point of
ADIZ penetration, and

(2) The aircraft departs within five

minutes of the estimated departure
time contained in the flight plan.

under DVFR in an ADIZ cannot main-
tain two-way radio communications,
the pilot may proceed, in accordance
with original DVFR flight plan, or land
as soon as practicable. The pilot must
report the radio failure to an appro-
priate aeronautical facility as soon as
possible.

(d) If a pilot operating an aircraft

under IFR in an ADIZ cannot maintain
two-way radio communications, the
pilot must proceed in accordance with
§ 91.185 of this chapter.

[Doc. No. FAA–2001–10693, 66 FR 49822, Sept.
28, 2001, as amended at 69 FR 16756, Mar. 30,
2004]

§ 99.11

ADIZ flight plan requirements.

(a) No person may operate an aircraft

into, within, or from a departure point
within an ADIZ, unless the person files,
activates, and closes a flight plan with
the appropriate aeronautical facility,
or is otherwise authorized by air traffic
control.

(b) Unless ATC authorizes an abbre-

viated flight plan—

(1) A flight plan for IFR flight must

contain the information specified in
§ 91.169; and

(2) A flight plan for VFR flight must

contain the information specified in
§ 91.153(a) (1) through (6).

(3) If airport of departure is within

the Alaskan ADIZ and there is no facil-
ity for filing a flight plan then:

(i) Immediately after takeoff or when

within range of an appropriate aero-
nautical facility, comply with provi-
sions of paragraph (b)(1) or (b)(2) as ap-
propriate.

(ii) Proceed according to the instruc-

tions issued by the appropriate aero-
nautical facility.

plan for VFR flight as a DVFR flight
plan.

(d) The pilot in command of an air-

craft for which a flight plan has been
filed must file an arrival or completion
notice with an appropriate aero-
nautical facility.

[Doc. No. 25113, 53 FR 18217, May 20, 1988; 53
FR 44182, Nov. 2, 1988, as amended by Amdt.
99–15, 54 FR 34331, Aug. 18, 1989; 66 FR 49822,
Sept. 28, 2001; 69 FR 16756, Mar. 30, 2004]

§ 99.12

[Reserved]

§ 99.13

Transponder-on requirements.

(a)

Aircraft transponder-on operation.

Each person operating an aircraft into
or out of the United States into, with-
in, or across an ADIZ designated in
subpart B of this part, if that aircraft
is equipped with an operable radar bea-
con transponder, shall operate the
transponder, including altitude encod-
ing equipment if installed, and shall
reply on the appropriate code or as as-
signed by ATC.

(b)

ATC transponder equipment and

use. Effective September 7, 1990, unless
otherwise authorized by ATC, no per-
son may operate a civil aircraft into or
out of the United States into, within,
or across the contiguous U.S. ADIZ
designated in subpart B of this part un-
less that aircraft is equipped with a
coded radar beacon transponder.

(c)

ATC transponder and altitude re-

porting equipment and use. Effective De-
cember 30, 1990, unless otherwise au-
thorized by ATC, no person may oper-
ate a civil aircraft into or out of the
United States into, within, or across

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885

Federal Aviation Administration, DOT

§ 99.43

the contiguous U.S. ADIZ unless that
aircraft is equipped with a coded radar
beacon transponder and automatic
pressure altitude reporting equipment
having altitude reporting capability
that automatically replies to interro-
gations by transmitting pressure alti-
tude information in 100-foot incre-
ments.

(d) Paragraphs (b) and (c) of this sec-

tion do not apply to the operation of an
aircraft which was not originally cer-
tificated with an engine-driven elec-
trical system and which has not subse-
quently been certified with such a sys-
tem installed, a balloon, or a glider.

[Doc. No. 24903, 55 FR 8395, Mar. 7, 1990. Re-
designated at 69 FR 16756, Mar. 30, 2004]

§ 99.15

Position reports.

(a) The pilot of an aircraft operating

in or penetrating an ADIZ under IFR—

(1) In controlled airspace, must make

the position reports required in § 91.183;
and

(2) In uncontrolled airspace, must

make the position reports required in
this section.

(b) No pilot may operate an aircraft

penetrating an ADIZ under DVFR un-
less—

(1) The pilot reports to an appro-

priate aeronautical facility before pen-
etration: the time, position, and alti-
tude at which the aircraft passed the
last reporting point before penetration
and the estimated time of arrival over
the next appropriate reporting point
along the flight route;

(2) If there is no appropriate report-

ing point along the flight route, the
pilot reports at least 15 minutes before
penetration: The estimated time, posi-
tion, and altitude at which the pilot
will penetrate; or

(3) If the departure airport is within

an ADIZ or so close to the ADIZ bound-
ary that it prevents the pilot from
complying with paragraphs (b)(1) or (2)
of this section, the pilot must report
immediately after departure: the time
of departure, the altitude, and the esti-
mated time of arrival over the first re-
porting point along the flight route.

as ATC may require, no pilot in com-
mand of a foreign civil aircraft may
enter the United States through an
ADIZ unless that pilot makes the re-

ports required in this section or reports
the position of the aircraft when it is
not less that one hour and not more
that 2 hours average direct cruising
distance from the United States.

[69 FR 16756, Mar. 30, 2004]

§ 99.17

Deviation from flight plans and

ATC clearances and instructions.

(a) No pilot may deviate from the

provisions of an ATC clearance or ATC
instruction except in accordance with
§ 91.123 of this chapter.

(b) No pilot may deviate from the

filed IFR flight plan when operating an
aircraft in uncontrolled airspace unless
that pilot notifies an appropriate aero-
nautical facility before deviating.

filed DVFR flight plan unless that pilot
notifies an appropriate aeronautical fa-
cility before deviating.

[69 FR 16756, Mar. 30, 2004]

§§ 99.19–99.31

[Reserved]

Subpart B—Designated Air

Defense Identification Zones

§ 99.41

General.

The airspace above the areas de-

scribed in this subpart is established as
an ADIZ. The lines between points de-
scribed in this subpart are great circles
except that the lines joining adjacent
points on the same parallel of latitude
are rhumb lines.

[69 FR 16756, Mar. 30, 2004]

§ 99.43

Contiguous U.S. ADIZ.

The area bounded by a line from

′

N, 65

′

W; 44

′

N; 67

′

W; 43

′

N; 69

′

W; 41

′

N; 69

′

W; 40

′

W; 39

′

N; 73

′

W; 39

′

W; 39

′

N; 73

′

W; 37

′

W; 36

′

N; 75

′

W; 35

′

W; 32

′

N; 80

′

W; 30

′

W; 26

′

N; 79

′

W; 25

′

W; 24

′

N; 81

′

W; 24

′

W; 24

′

N; 82

′

W; 24

′

W; 24

′

N; 82

′

W; 25

′

W; 25

′

N; 81

′

W; 25

′

W; 26

′

N 82

′

W; 27

′

W; 28

′

N; 83

′

W; 29

′

W; 29

′

N; 85

′

W; 30

′

W; 30

′

N; 88

′

W; 28

′

W; 28

′

N; 90

′

W; 29

′

W; 28

′

N; 96

′

W; 27

′

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