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PART 91—GENERAL OPERATING AND FLIGHT RULES Section Contents § 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 crewmembers. § 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 enforcement purposes. §§ 91.27-91.99 [Reserved] General § 91.101 Applicability. § 91.103 Preflight action. § 91.105 Flight crewmembers at stations. § 91.107 Use of safety belts, shoulder harnesses, and child restraint systems. § 91.109 Flight instruction; Simulated instrument flight and certain flight tests. § 91.111 Operating near other aircraft. § 91.113 Right-of-way rules: Except water operations. § 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. § 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 national disaster areas in the State of Hawaii. § 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 operations during abnormally high barometric pressure conditions. § 91.145 Management of aircraft operations in the vicinity of aerial demonstrations and major sporting events. §§ 91.146-91.149 [Reserved] Visual Flight Rules § 91.151 Fuel requirements for flight in VFR conditions. § 91.153 VFR flight plan: Information required. § 91.155 Basic VFR weather minimums. § 91.157 Special VFR weather minimums. § 91.159 VFR cruising altitude or flight level. §§ 91.161-91.165 [Reserved] Instrument Flight Rules § 91.167 Fuel requirements for flight in IFR conditions. § 91.169 IFR flight plan: Information required. § 91.171 VOR equipment check for IFR operations. § 91.173 ATC clearance and flight plan required. § 91.175 Takeoff and landing under IFR. § 91.177 Minimum altitudes for IFR operations. § 91.179 IFR cruising altitude or flight level. § 91.180 Operations within airspace designated as Reduced Vertical Separation Minimum airspace. § 91.181 Course to be flown. § 91.183 IFR radio communications. § 91.185 IFR operations: Two-way radio communications failure. § 91.187 Operation under IFR in controlled airspace: Malfunction reports. § 91.189 Category II and III operations: General operating rules. § 91.191 Category II and Category III manual. § 91.193 Certificate of authorization for certain Category II operations. §§ 91.195-91.199 [Reserved] § 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 equipment. § 91.215 ATC transponder and altitude reporting equipment and use. § 91.217 Data correspondence between automatically 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 system. §§ 91.224-91.299 [Reserved] § 91.301 [Reserved] § 91.303 Aerobatic flight. § 91.305 Flight test areas. § 91.307 Parachutes and parachuting. § 91.309 Towing: Gliders and unpowered ultralight vehicles. § 91.311 Towing: Other than under §91.309. § 91.313 Restricted category civil aircraft: Operating limitations. § 91.315 Limited category civil aircraft: Operating limitations. § 91.317 Provisionally certificated civil aircraft: Operating limitations. § 91.319 Aircraft having experimental certificates: 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. § 91.327 Aircraft having a special airworthiness certificate in the light-sport category: Operating limitations. §§ 91.326-91.399 [Reserved] § 91.401 Applicability. § 91.403 General. § 91.405 Maintenance required. § 91.407 Operation after maintenance, preventive maintenance, rebuilding, or alteration. § 91.409 Inspections. § 91.410 Special maintenance program requirements. § 91.411 Altimeter system and altitude reporting equipment tests and inspections. § 91.413 ATC transponder tests and inspections. § 91.415 Changes to aircraft inspection programs. § 91.417 Maintenance records. § 91.419 Transfer of maintenance records. § 91.421 Rebuilt engine maintenance records. §§ 91.423-91.499 [Reserved] § 91.501 Applicability. § 91.503 Flying equipment and operating information. § 91.505 Familiarity with operating limitations and emergency equipment. § 91.507 Equipment requirements: Over-the-top or night VFR operations. § 91.509 Survival equipment for overwater operations. § 91.511 Radio 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 passenger service equipment during aircraft movement on the surface, takeoff, and landing. §§ 91.536-91.599 [Reserved] § 91.601 Applicability. § 91.603 Aural speed warning device. § 91.605 Transport category civil airplane weight limitations. § 91.607 Emergency exits for airplanes carrying passengers for hire. § 91.609 Flight 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] § 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 Operations within airspace designated as Minimum Navigation Performance Specification Airspace. § 91.706 Operations within airspace designed as Reduced Vertical Separation Minimum Airspace. § 91.707 Flights between Mexico or Canada and the United States. § 91.709 Operations to Cuba. § 91.711 Special rules for foreign civil aircraft. § 91.713 Operation of civil aircraft of Cuban registry. § 91.715 Special flight authorizations for foreign civil aircraft. §§ 91.717-91.799 [Reserved] § 91.801 Applicability: Relation to part 36. § 91.803 Part 125 operators: Designation of applicable regulations. § 91.805 Final compliance: Subsonic airplanes. §§ 91.807-91.813 [Reserved] § 91.815 Agricultural and fire fighting airplanes: Noise operating limitations. § 91.817 Civil aircraft sonic boom. § 91.819 Civil supersonic airplanes that do not comply with part 36. § 91.821 Civil supersonic airplanes: Noise limits. §§ 91.823-91.849 [Reserved] § 91.851 Definitions. § 91.853 Final compliance: Civil subsonic airplanes. § 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 or Stage 4 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 requirements. § 91.873 Waivers from final compliance. § 91.875 Annual progress reports. § 91.877 Annual reporting of Hawaiian operations. §§ 91.879-91.899 [Reserved] § 91.901 [Reserved] § 91.903 Policy and procedures. § 91.905 List of rules subject to waivers. §§ 91.907-91.999 [Reserved]
Authority: 49 U.S.C. 106(g), 1155, 40103, 40113, 40120, 44101, 44111, 44701, 44704, 44709, 44711, 44712, 44715, 44716, 44717, 44722, 46306, 46315, 46316, 46504, 46506–46507, 47122, 47508, 47528–47531, articles 12 and 29 of the Convention on International Civil Aviation (61 Stat. 1180). Special Federal Aviation Regulation No. SFAR No. 50–2—Special Flight Rules in the Vicinity of the Grand Canyon National Park, AZ Section 1. Applicability. This rule prescribes special operating rules for all persons operating aircraft in the following airspace, designated 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 beginning 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., 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 statute 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 northwest 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 beginning. Section 3. Aircraft operations: general. Except 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 following procedures: Note: The following procedures do not relieve the pilot from see-and-avoid responsibility or compliance with FAR 91.119. (1) Unless necessary to maintain a safe distance from other aircraft or terrain— (i) Remain clear of the areas described in Section 4; and (ii) Remain at or above the following altitudes 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 corridors describe in Section 4 at the following altitudes unless otherwise authorized in writing by the Flight Standards District Office: Northbound 11,500 or 13,500 feet MSL Southbound >10,500 or >12,500 feet MSL (b) Is authorized in writing by the Flight Standards District Office and is conducted 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 operations of aircraft necessary for law enforcement, firefighting, emergency medical treatment/evacuation of persons in the vicinity of the Park; for support of Park maintenance or activities; or for aerial access to and maintenance of other property located within the Special Flight Rules Area. Authorization may be issued on a continuing basis. (c)(1) Prior to November 1, 1988, is conducted in accordance with a specific authorization to operate in that airspace incorporated in the operator's part 135 operations specifications in accordance with the provisions of SFAR 50–1, notwithstanding the provisions of Sections 4 and 5; and (2) On or after November 1, 1988, is conducted in accordance with a specific authorization to operate in that airspace incorporated in the operated in the operator's operations specifications and approved by the Flight Standards District Office in accordance 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 safety of flight, or unless otherwise authorized by the Flight Standards District 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 boundary 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 counterclockwise 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 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 Corridor.” (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 beginning 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 following airspace designated as the “Tuckup Corridor”: at or above 10,500 feet MSL within 2 nautical miles either side of a line extending 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 authorized by the Flight Standards District Office for a purpose listed in Section 3(b), no person may operate an aircraft in the Special 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. Applicability, Section 4, Flight-free zones, and Section 5. Minimum flight altitudes, expire on April 19, 2001. Note: An informational map of the special flight rules areas defined by SFAR 50–2 is available on the Office of Rulemaking's website at http://www.faa.gov/avr/armhome.htm. A paper copy is available from the Office of Rulemaking by calling Linda Williams at (202) 267–9685. [66 FR 1003, Jan. 4, 2001, as amended at 66 FR 16584, Mar. 26, 2001] Special Federal Aviation Regulation No. 60—Air Traffic Control System Emergency Operation 1. Each person shall, before conducting any operation under the Federal Aviation Regulations (14 CFR chapter I), be familiar with all available information concerning that operation, including Notices to Airmen issued under §91.139 and, when activated, the provisions 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 airport of intended operation for any flight contained in the October 1, 1990, OAG. 2. Notwithstanding any provision of the Federal Aviation Regulations to the contrary, 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 Director of the Office of Air Traffic Systems Management (Director) pursuant to paragraph 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 provisions of the National Air Traffic Reduced Complement Operations Plan. 3. Prior to or in connection with the implementation 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 airspace 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 employees. c. Implement, at any airport, traffic management procedures, that may include reduction of flight operations. Reduction of flight operations will be accomplished, to the extent practical, on a pro rata basis among and between air carrier, commercial operator, and general aviation operations. Flights cancelled 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 authorized to suspend or modify any airspace designation. 5. Notice of restrictions, prohibitions, procedures and other actions taken by the Director under this regulation with respect to the operation of the Air Traffic Control system 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 considers necessary for the safe and efficient operation 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 Aviation (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] Section 1. Applicability. This Special Federal Aviation Regulation prescribes operating rules for airplane and helicopter visual flight rules air tour flights conducted in the State of Hawaii under 14 CFR parts 91, 121, and 135. This rule does not apply to: (a) Operations conducted under 14 CFR part 121 in airplanes with a passenger seating configuration of more than 30 seats or a payload capacity of more than 7,500 pounds. (b) Flights conducted in gliders or hot air balloons. Section 2. Definitions. For the purposes of this SFAR: “Air tour” means any sightseeing flight conducted under visual flight rules in an airplane or helicopter for compensation or hire. “Air tour operator” means any person who conducts an air tour. Section 3. Helicopter flotation equipment. No person may conduct an air tour in Hawaii in a single-engine helicopter beyond the shore of any island, regardless of whether the helicopter is within gliding distance of the shore, unless: (a) The helicopter is amphibious or is equipped with floats adequate to accomplish a safe emergency ditching and approved flotation gear is easily accessible for each occupant; or (b) Each person on board the helicopter is wearing approved flotation gear. Section 4. Helicopter performance plan. Each operator must complete a performance plan before each helicopter air tour flight. The performance plan must be based on the information in the Rotorcraft Flight Manual (RFM), considering the maximum density altitude for which the operation is planned for the flight to determine the following: (a) Maximum gross weight and center of gravity (CG) limitations for hovering in ground effect; (b) Maximum gross weight and CG limitations for hovering out of ground effect; and, (c) Maximum combination of weight, altitude, and temperature for which height-velocity information in the RFM. is valid. The pilot in command (PIC) must comply with the performance plan. Section 5. Helicopter operating limitations. Except for approach to and transition from a hover, the PIC shall operate the helicopter at a combination of height and forward speed (including hover) that would permit a safe landing in event of engine power loss, in accordance with the height-speed envelope for that helicopter under current weight and aircraft altitude. Section 6. Minimum flight altitudes. Except when necessary for takeoff and landing, or operating in compliance with an air traffic control clearance, or as otherwise authorized by the Administrator, no person may conduct an air tour in Hawaii: (a) Below an altitude of 1,500 feet above the surface over all areas of the State of Hawaii, and, (b) Closer than 1,500 feet to any person or property; or, (c) Below any altitude prescribed by federal statute or regulation. Section 7. Passenger briefing. Before takeoff, each PIC of an air tour flight of Hawaii with a flight segment beyond the ocean shore of any island shall ensure that each passenger has been briefed on the following, in addition to requirements set forth in 14 CFR 91.107, 121.571, or 135.117: (a) Water ditching procedures; (b) Use of required flotation equipment; and (c) Emergency egress from the aircraft in event of a water landing. Section 8. Termination date. This SFAR No. 71 shall remain in effect until further notice. [SFAR 71, 59 FR 49145, Sept. 26, 1994, as amended at 60 FR 65913, Dec. 20, 1995; 62 FR 58859, Oct. 30, 1997; 65 FR 58612, Sept. 29, 2000; 68 FR 60839, Oct. 23, 2003] 1. Applicability. This rule applies to the following persons: (a) All U.S. air carriers or commercial operators; (b) All persons exercising the privileges of an airman certificate issued by the FAA except such persons operating U.S.-registered aircraft for a foreign air carrier; or (c) All operators of aircraft registered in the United States except where the operator of such aircraft is a foreign air carrier. 2. Flight prohibition. No person may conduct flight operations over or within the territory of Iraq except as provided in paragraphs 3 and 4 of this SFAR or except as follows: (a) Overflights of Iraq may be conducted above flight level (FL) 200 subject to the approval of, and in accordance with the conditions established by, the appropriate authorities of Iraq. (b) Flights departing from countries adjacent to Iraq whose climb performance will not permit operation above FL 200 prior to entering Iraqi airspace may operate at altitudes below FL 200 within Iraq to the extent necessary to permit a climb above FL 200, subject to the approval of, and in accordance with the conditions established by, the appropriate authorities of Iraq. (c) [Reserved] 3. Permitted operations. This SFAR does not prohibit persons described in paragraph 1 from conducting flight operations within the territory and airspace of Iraq when such operations are authorized either by another agency of the United States Government with the approval of the FAA or by an exemption issued by the Administrator. 4. Emergency situations. In an emergency that requires immediate decision and action for the safety of the flight, the pilot in command of an aircraft may deviate from this SFAR to the extent required by that emergency. Except for U.S. air carriers or commercial operators that are subject to the requirements of 14 CFR parts 119, 121, or 135, each person who deviates from this rule shall, within ten (10) days of the deviation, excluding Saturdays, Sundays, and Federal holidays, submit to the nearest FAA Flight Standards District Office a complete report of the operations of the aircraft involved in the deviation including a description of the deviation and the reasons therefore. 5. Expiration. This Special Federal Aviation Regulation will remain in effect until further notice. [Doc. No. 28691, 61 FR 54021, Oct. 16, 1996, as amended by Doc. No. FAA–2003–14766, 68 FR 17870, Apr. 11, 2003; 68 FR 65382, Nov. 19, 2003] 1. Applicability. This rule applies to the following persons: (a) All U.S. air carriers or commercial operators. (b) All persons exercising the privileges of an airman certificate issued by the FAA, except such persons operating U.S.-registered aircraft for a foreign air carrier. (c) All operators of aircraft registered in the United States except where the operator of such aircraft is a foreign air carrier. 2. Flight Prohibition. Except as provided in paragraphs 3 and 4 of this SFAR, no person described in paragraph 1 may conduct flight operations through the Pyongyang FIR west of 132 degrees east longitude. 3. Permitted Operations. This SFAR does not prohibit persons described in paragraph 1 from conducting flight operations within the Pyongyang FIR west of 132 degrees east longitude where such operations are authorized either by exemption issued by the Administrator or by another agency of the United States Government with FAA approval. 4. Emergency situations. In an emergency that requires immediate decision and action for the safety of the flight, the pilot in command on an aircraft may deviate from this SFAR to the extent required by that emergency. Except for U.S. air carriers and commercial operators that are subject to the requirements of 14 CFR parts 121, 125, or 135, each person who deviates from this rule shall, within ten (10) days of the deviation, excluding Saturdays, Sundays, and Federal holidays, submit to the nearest FAA Flight Standards District Office a complete report of the operations of the aircraft involved in the deviation, including a description of the deviation and the reasons therefore. 5. Expiration. This Special Federal Aviation Regulation No. 79 will remain in effect until further notice. [Doc. No. 28831, 62 FR 20078, Apr. 24, 1997, as amended at 63 FR 8017, Feb. 17, 1998; 63 FR 19286, Apr. 17, 1998] 1. Applicability. This Special Federal Aviation Regulation (SFAR) No. 87 applies to all U.S. air carriers or commercial operators, all persons exercising the privileges of an airman certificate issued by the FAA unless that person is engaged in the operation of a U.S.-registered aircraft for a foreign air carrier, and all operators using aircraft registered in the United States except where the operator of such aircraft is a foreign air carrier. 2. Flight prohibition. Except as provided in paragraphs 3 and 4 of this SFAR, no person described in paragraph 1 may conduct flight operations within the territory and airspace of Ethiopia north of 12 degrees north latitude. 3. Permitted operations. This SFAR does not prohibit persons described in paragraph 1 from conducting flight operations within the territory and airspace of Ethiopia where such operations are authorized either by exemption issued by the Administrator or by an authorization issued by another agency of the United States Government with the approval of the FAA. 4. Emergency situations. In an emergency that requires immediate decision and action for the safety of the flight, the pilot in command of an aircraft may deviate from this SFAR to the extent required by that emergency. Except for U.S. air carriers and commercial operators that are subject to the requirements of 14 CFR 121.557, 121.559, or 135.19, each person who deviates from this rule shall, within ten (10) days of the deviation, excluding Saturdays, Sundays, and Federal holidays, submit to the nearest FAA Flight Standards District Office a complete report of the operations of the aircraft involved in the deviation, including a description of the deviation and the reasons therefor. 5. Expiration. This Special Federal Aviation Regulation shall remain in effect until further notice. [Doc. No. FAA–2000–7360; 65 FR 31215, May 16, 2000] Those persons identified in Section 1 may conduct IFR en route RNAV operations in the State of Alaska and its airspace on published air traffic routes using TSO C145a/C146a navigation systems as the only means of IFR navigation. Despite contrary provisions of parts 71, 91, 95, 121, 125, and 135 of this chapter, a person may operate aircraft in accordance with this SFAR if the following 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 airspace over and near Alaska (as set forth in paragraph c of this section) at Special Minimum 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 provided that they comply with the requirements 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 special 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 following definitions and abbreviations apply. Area navigation (RNAV). RNAV is a method of navigation that permits aircraft operations 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 determination system that uses satellite ranging signals to determine user location. It encompasses all satellite ranging technologies, including GPS and additional satellites. Components of the GNSS include GPS, the Global Orbiting Navigation Satellite System, and WAAS satellites. Global Positioning System (GPS). GPS is a satellite-based radio navigational, positioning, and time transfer system. The system provides highly accurate position and velocity information and precise time on a continuous global basis to properly equipped users. Minimum crossing altitude (MCA). The minimum crossing altitude (MCA) applies to the operation of an aircraft proceeding to a higher minimum en route altitude when crossing specified fixes. Required navigation system. Required navigation 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 outside the operational service volume of ground-based navigation aids and are depicted on the published Low Altitude and High Altitude En Route Charts using the color blue and with the suffix “G.” For example, 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 facilities such as VOR facilities. Wide Area Augmentation System (WAAS). WAAS is an augmentation to GPS that calculates 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 assessment to GNSS users to support en route through precision approach navigation. Users of the system include all aircraft applying 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 operations and maintenance personnel on required navigation equipment used under this SFAR. b. Use authorized procedures for normal, abnormal, and emergency situations unique to these operations, including degraded navigation capabilities, and satellite system outages. 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 operations in accordance with this SFAR. e. In order to operate under this SFAR, a certificate holder must be authorized in operations specifications. Section 4. Equipment Requirements a. The certificate holder must have properly installed, certificated, and functional dual required navigation systems as defined in section 2 of this SFAR for the en route operations 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, certificated, 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] SFAR NO. 104—Prohibition Against Certain Flights by Syrian Air Carriers to the United States 1. Applicability. This Special Federal Aviation 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 provided 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 command of an aircraft of any air carrier described in paragraph 1 may deviate from this SFAR to the extent required by that emergency. Each person who deviates from this rule must, within 10 days of the deviation, excluding Saturdays, Sundays, and Federal holidays, submit to the nearest FAA Flight Standards District Office a complete report of the operations or the aircraft involved in the deviation, including a description of the deviation 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] Source: Docket No. 18334, 54 FR 34292, Aug. 18, 1989, unless otherwise noted. § 91.1 Applicability. (a) Except as provided in paragraphs (b) and (c) of this section and §§91.701 and 91.703, this part prescribes rules governing the operation of aircraft (other than moored balloons, kites, unmanned rockets, and unmanned free balloons, which are governed by part 101 of this chapter, and ultralight vehicles operated in accordance with part 103 of this chapter) within the United States, including the waters within 3 nautical miles of the U.S. coast. (b) Each person operating an aircraft in the airspace overlying the waters between 3 and 12 nautical miles from the coast of the United States must comply 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; §§91.303 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 specified. [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] § 91.3 Responsibility and authority of the pilot in command. (a) The pilot in command of an aircraft is directly responsible for, and is the final authority as to, the operation of that aircraft. (b) In an in-flight emergency requiring immediate action, the pilot in command may deviate from any rule of this part to the extent required to meet that emergency. (c) Each pilot in command who deviates from a rule under paragraph (b) of this section shall, upon the request of the Administrator, send a written report of that deviation to the Administrator. (Approved by the Office of Management and Budget under control number 2120–0005) § 91.5 Pilot in command of aircraft requiring 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 aircraft unless it is in an airworthy condition. (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 unairworthy 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 operate a civil aircraft without complying with the operating limitations specified in the approved Airplane or Rotorcraft Flight Manual, markings, and placards, or as otherwise prescribed by the certificating authority of the country of registry. (b) No person may operate a U.S.-registered civil aircraft— (1) For which an Airplane or Rotorcraft Flight Manual is required by §21.5 of this chapter unless there is available in the aircraft a current, approved Airplane or Rotorcraft Flight Manual or the manual provided for in §121.141(b); and (2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. (c) No person may operate a U.S.-registered civil aircraft unless that aircraft is identified in accordance with part 45 of this chapter. (d) Any person taking off or landing a helicopter certificated under part 29 of this chapter at a heliport constructed over water may make such momentary flight as is necessary for takeoff or landing through the prohibited 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 is equipped with floats or other emergency flotation gear adequate to accomplish a safe emergency ditching on open water. § 91.11 Prohibition on interference with crewmembers. No person may assault, threaten, intimidate, or interfere with a crewmember in the performance of the crewmember's duties aboard an aircraft being operated. § 91.13 Careless or reckless operation. (a) Aircraft operations for the purpose of air navigation. No person may operate 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 receiving or discharging persons or cargo), in a careless or reckless manner so as to endanger the life or property of another. No pilot in command of a civil aircraft 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. (a) No person may act or attempt to act as a crewmember of a civil aircraft— (1) Within 8 hours after the consumption of any alcoholic beverage; (2) While under the influence of alcohol; (3) While using any drug that affects the person's faculties in any way contrary to safety; or (4) While having an alcohol concentration of 0.04 or greater in a blood or breath specimen. Alcohol concentration means grams of alcohol per deciliter 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 medical patient under proper care) to be carried in that aircraft. (c) A crewmember shall do the following: (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 authorized under State or local law to conduct the test or to have the test conducted; and (ii) The law enforcement officer is requesting submission to the test to investigate a suspected violation of State or local law governing the same or substantially similar conduct prohibited by paragraph (a)(1), (a)(2), or (a)(4) of this section. (2) Whenever the FAA has a reasonable 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 clinic, 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 crewmember that indicates an alcohol concentration in the blood or breath specimen. (d) Whenever the Administrator has a reasonable basis to believe that a person 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 results of each test taken within 4 hours after acting or attempting to act as a crewmember that indicates the presence 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 qualifications for any airman certificate or possible violations of this chapter and 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 stimulant drugs or substances. (a) Except as provided in paragraph (b) of this section, no person may operate a civil aircraft within the United States with knowledge that narcotic drugs, marihuana, and depressant or stimulant drugs or substances as defined 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 authorized 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 operate, nor may any operator or pilot in command of an aircraft allow the operation 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 operated 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 device that the operator of the aircraft has determined will not cause interference with the navigation or communication 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 paragraph (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 requirement 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 involving 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 following with respect to each such aircraft: (1) Identification of the Federal Aviation Regulations under which the aircraft has been maintained and inspected during the 12 months preceding the execution of the lease or contract of conditional sale, and certification by the parties thereto regarding the aircraft's status of compliance with applicable maintenance and inspection requirements in this part for the operation 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 person's responsibilities for compliance with applicable Federal Aviation Regulations. (3) A statement that an explanation of factors bearing on operational control and pertinent Federal Aviation Regulations can be obtained from the nearest FAA Flight Standards district office. (b) The requirements of paragraph (a) of this section do not apply— (1) To a lease or contract of conditional sale when— (i) The party to whom the aircraft is furnished is a foreign air carrier or certificate 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 operating under part 121, 125, and 141 of this chapter, or a person operating under part 135 of this chapter having authority 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 execution of the contract, except as a new aircraft under a dealer's aircraft registration certificate issued in accordance 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 conditional 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 review upon request by the Administrator, and (3) The lessee or conditional buyer, or the registered owner if the lessee is not a citizen of the United States, has notified by telephone or in person the FAA Flight Standards district office nearest the airport where the flight will originate. Unless otherwise authorized by that office, 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 departure; (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 financial information obtained from a person. It is, therefore, privileged and confidential and will not be made available by the FAA for public inspection 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 furnishing 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] The Administrator of the FAA will not use reports submitted to the National Aeronautics and Space Administration under the Aviation Safety Reporting Program (or information derived therefrom) in any enforcement action except information concerning accidents or criminal offenses which are wholly excluded from the Program. Subpart B—Flight Rules Source: Docket No. 18334, 54 FR 34294, Aug. 18, 1989, unless otherwise noted. General § 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. Each pilot in command shall, before beginning a flight, become familiar with all available information concerning that flight. This information must include— (a) For a flight under IFR or a flight not in the vicinity of an airport, weather reports and forecasts, fuel requirements, alternatives available if the planned flight cannot be completed, 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 following takeoff and landing distance information: (1) For civil aircraft for which an approved 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 section, other reliable information appropriate to the aircraft, relating to aircraft performance under expected values of airport elevation and runway slope, aircraft gross weight, and wind and temperature. § 91.105 Flight crewmembers at stations. (a) During takeoff and landing, and while en route, each required flight crewmember shall— (1) Be at the crewmember station unless the absence is necessary to perform duties in connection with the operation 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 station 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 systems. (a) Unless otherwise authorized by the Administrator— (1) No pilot may take off 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 ensures that each person on board is briefed on how to fasten and unfasten that person'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 ensures that each person on board has been notified to fasten his or her safety belt and, if installed, his or her shoulder harness. (3) Except as provided in this paragraph, each person on board 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) must occupy an approved seat or berth with a safety belt and, if installed, shoulder harness, properly secured about him or her during 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 seating and safety belt requirements. Notwithstanding the preceding requirements of this paragraph, a person may: (i) Be held by an adult who is occupying an approved seat or berth, provided that the person being held has not reached his or her second birthday and does not occupy or use any restraining 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 requirement of this chapter, occupy an approved child restraint system furnished by the operator or one of the persons described in paragraph (a)(3)(iii)(A) of this section provided that: (A) The child is accompanied by a parent, guardian, or attendant designated by the child's parent or guardian 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 approved child restraint system bears one or more labels as follows: (1) Seats manufactured to U.S. standards between January 1, 1981, and February 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. standards on or after February 26, 1985, must bear two labels: (i) “This child restraint system conforms to all applicable Federal motor vehicle safety standards”; and (ii) “THIS RESTRAINT IS CERTIFIED FOR USE IN MOTOR VEHICLES AND AIRCRAFT” in red lettering; (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: (i) That the seat was approved by a foreign government; (ii) That the seat was manufactured under the standards of the United Nations; or (iii) That the seat or child restraint device furnished by the operator was approved by the FAA through Type Certificate or Supplemental Type Certificate. (iv) That the seat or child restraint device furnished by the operator, or one of the persons described in paragraph (a) (3) (iii) (A) of this section, was approved by the FAA in accordance with §21.305(d) or Technical Standard Order C–100b, or a later version. (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 harness-type child restraint systems, and lap held child restraints are not approved for use in aircraft; and (C) The operator complies with the following requirements: (1) The restraint system must be properly secured to an approved forward-facing seat or berth; (2) The child must be properly secured 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 section does not apply to operations conducted under part 121, 125, or 135 of this chapter. Paragraph (a)(3) of this section 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] § 91.109 Flight instruction; Simulated instrument flight and certain flight tests. (a) No person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. However, instrument flight instruction may be given in a single-engine airplane equipped with a single, functioning throwover control wheel in place of fixed, dual controls of the elevator and ailerons when— (1) The instructor has determined that the flight can be conducted safely; and (2) The person manipulating the controls has at least a private pilot certificate with appropriate category and class ratings. (b) No person may operate a civil aircraft in simulated instrument flight unless— (1) The other control seat is occupied by a safety pilot who possesses at least a private pilot certificate with category and class ratings appropriate to the aircraft being flown. (2) The safety pilot has adequate vision forward and to each side of the aircraft, or a competent observer in the aircraft adequately supplements the vision 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, functioning, throwover control wheel, in place of fixed, dual controls of the elevator and ailerons, when— (i) The safety pilot has determined that the flight can be conducted safely; and (ii) The person manipulating the controls has at least a private pilot certificate with appropriate category and class ratings. (c) No person may operate a civil aircraft that is being used for a flight test for an airline transport pilot certificate 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. § 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 arrangement with the pilot in command of each aircraft in the formation. (c) No person may operate an aircraft, 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 aircraft on water. (b) General. When weather conditions permit, regardless of whether an operation is conducted under instrument flight rules or visual flight rules, vigilance shall be maintained by each person 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 approximately 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 categories— (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 rotorcraft. However, an aircraft towing or refueling other aircraft has the right-of-way over all other engine-driven aircraft. (e) Approaching head-on. When aircraft are approaching each other head-on, or nearly so, each pilot of each aircraft 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, except that they shall not take advantage 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 operations. (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 aircraft 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 aircraft, 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 aircraft, or an aircraft and a vessel, approach so as to involve risk of collision, each aircraft or vessel shall proceed with careful regard to existing circumstances, including the limitations of the respective craft. (a) Unless otherwise authorized by the Administrator, no person may operate 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 required 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 section. (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 operated 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: General. Except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes: (a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface. (b) Over congested areas. Over any congested area of a city, town, or settlement, 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 populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. (d) |