This page created 11-21-99
Sec. 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.
Effective Date Note: At 54 FR 34291, August 18, 1989,
Sec. 91.7 was
revised effective August 18, 1990, as set out above.
Sec. 91.17 Alcohol or drugs.
(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 .04 percent by weight or more alcohol
in the blood.
(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 percentage by weight of alcohol in the blood, 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 Administrator has a reasonable
basis to believe that a
person may have violated paragraph (a)(1), (a)(2), or (a)(4)
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
percentage
by weight of alcohol in the blood.
(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.
Effective Date Note: At 54 FR 34291, August 18, 1989,
Sec. 91.17 was
revised effective August 18, 1990, as set out above.
Sec. 91.103 Preflight action.
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.
Effective Date Note: At 54 FR 34291, August 18, 1989,
Sec. 91.103 was
revised effective August 18, 1990, as set out above.
Sec. 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 either a label showing
approval
of a foreign government or a label showing that the seat was
manufactured
under the standards of the United Nations;
(4) Notwithstanding any other provision of this
section, 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 Sec. 91.105.
[Amdt. 91-231, 57 FR 42671, Sept. 15, 1992, as amended by Amdt.
91-250, 61
FR 28421, June 4, 1996]
Federal Register Notes
61 FR 28416, No. 108, June 4, 1996
SUMMARY: This action withdraws FAA approval for the use of booster
seats and
vest- and harness-type child restraint systems in aircraft during
takeoff,
landing, and movement on the surface. In addition, this action
emphasizes the
existing prohibition in all aircraft against the use of lap
held child
restraint systems (including belly belts). This action is needed
because the
FAA has determined that, during an aircraft crash, the banned
devices may put
children in a potentially worse situation than the allowable
alternatives.
EFFECTIVE DATE: September 3, 1996.
Sec. 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.
Effective Date Note: At 54 FR 34291, August 18, 1989,
Sec. 91.111 was
added effective August 18, 1990.
Sec. 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,
airplane, or rotorcraft;
and
(3) An airship has the right-of-way over an 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.
Effective Date Note: At 54 FR 34291, August 18, 1989,
Sec. 91.113 was
added effective August 18, 1990.
Sec. 91.123 Compliance with ATC clearances and instructions.
(a) When an ATC clearance has been obtained, no pilot
in command may
deviate 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 clarification
from ATC.
(b) Except in an emergency, no person 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 notify 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 detailed
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 been
issued to the pilot of another aircraft for radar air traffic
control
purposes.
(Approved by the Office of Management and Budget under OMB control
number
2120-0005)
[54 FR 34291, Aug. 18, 1989, as amended by Amdt. 91-227, 56 FR
65658, Dec.
17, 1991; Amdt. 91-244, 60 FR 50679, Sept. 29, 1995]
Federal Register Notes
60 FR 50676, No. 189, Sept. 29, 1995
SUMMARY: This action codifies the previously announced policy
extended to
pilots during the initial testing of the Traffic Alert and Collision
Avoidance System (TCAS) during the Limited Implementation Plan
for TCAS, and
during the actual implementation of TCAS under the TCAS Transition
Plan
(TTP). This policy permitted pilots to deviate from an air traffic
control
(ATC) clearance, in non-emergency situations, when responding
to a TCAS
resolution advisory (RA). The language contained in current
regulations
suggests that deviation from an ATC clearance is authorized
only in an
emergency situation. The intended effect of this action is to
add the TCAS RA
as a reason to deviate from a clearance, and to require that
whenever a pilot
deviates from an ATC clearance, ATC will be advised as soon
as possible.
EFFECTIVE DATE: October 30, 1995.
Sec. 91.125 ATC light signals.
ATC light signals have the meaning shown in the following table:
Meaning with respect to
Meaning with respect to
Color and type of signal
aircraft on the surface
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 continue circling.
Flashing red
Taxi clear of runway in use
Airport unsafe--do not land.
Flashing white
Return to starting point
Not applicable.
on airport
Alternating red and green
Exercise extreme caution
Exercise extreme caution.
Effective Date Note: At 54 FR 34291, August 18, 1989,
Sec. 91.125 was
revised effective August 18, 1990, as set out above.
Sec. 91.126 Operating on or in the vicinity of an airport in Class G airspace.
(a) General. Unless otherwise authorized 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 approaching to land
at an airport without an
operating control tower in Class G airspace--
(1) Each pilot of an airplane must make all turns
of that airplane to the
left unless the airport displays approved 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 must avoid the flow
of fixed-wing aircraft.
(c) Flap settings. Except when necessary 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
approved performance information in the Airplane Flight Manual
for the
applicable conditions. However, each pilot in command has the
final authority
and responsibility for the safe operation of the pilot's airplane,
and may
use a different flap setting for that airplane if the pilot
determines that
it is necessary in the interest of safety.
(d) Communications with control towers. Unless otherwise
authorized or
required by ATC, no person may operate an aircraft to, from,
through, or on
an airport having an operational control tower unless two-way
radio
communications are maintained between that aircraft and the
control tower.
Communications 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
Sec. 91.185.
[Amdt. 91-227, 56 FR 65659, Dec. 17, 1991, as amended by Amdt.
91-239, 59 FR
11693, Mar. 11, 1994]
Federal Register Notes
59 FR 11692, No. 48, Mar. 11, 1994
SUMMARY: This action reinstates the requirement for pilots to
establish and
maintain two-way radio communications with an operating control
tower in
Class E and Class G airspace areas. This action also adds a
paragraph to Sec.
91.130 of the Federal Aviation Regulations (FAR), for simplification
and
clarification, that allows an aircraft operator to deviate from
any provision
of Sec. 91.130 under the provisions of an air traffic control
(ATC)
authorization. This action is necessary to reinstate and clarify
certain
operating rules that existed prior to the Airspace Reclassification
final
rule, which became effective September 16, 1993.
EFFECTIVE DATE: This amendment is effective on March 11, 1994.
Sec. 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 facility having
jurisdiction over
the Class E airspace area, each person operating an aircraft
on or in the
vicinity of an airport in a Class E airspace area must comply
with the
requirements of Sec. 91.126.
(b) Departures. Each pilot of an aircraft must comply
with any traffic
patterns established for that airport in part 93 of this chapter.
(c) Communications with control towers. Unless otherwise
authorized or
required by ATC, no person may operate an aircraft to, from,
through, or on
an airport having an operational control tower unless two-way
radio
communications are maintained between that aircraft and the
control tower.
Communications 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
Sec. 91.185.
[Amdt. 91-227, 56 FR 65659, Dec. 17, 1991, as amended by Amdt.
91-239, 59 FR
11693, Mar. 11, 1994]
Federal Register Notes
59 FR 11692, No. 48, Mar. 11, 1994
SUMMARY: This action reinstates the requirement for pilots to
establish and
maintain two-way radio communications with an operating control
tower in
Class E and Class G airspace areas. This action also adds a
paragraph to Sec.
91.130 of the Federal Aviation Regulations (FAR), for simplification
and
clarification, that allows an aircraft operator to deviate from
any provision
of Sec. 91.130 under the provisions of an air traffic control
(ATC)
authorization. This action is necessary to reinstate and clarify
certain
operating rules that existed prior to the Airspace Reclassification
final
rule, which became effective September 16, 1993.
EFFECTIVE DATE: This amendment is effective on March 11, 1994.
Sec. 91.129 Operations in Class D airspace.
(a) General. Unless otherwise authorized or required
by the ATC facility
having jurisdiction over the Class D airspace area, each person
operating an
aircraft in Class D airspace must comply with the applicable
provisions of
this section. In addition, each person must comply with Secs.
91.126 and
91.127. For the purpose of this section, the primary 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 deviate from any
provision of this section
under the provisions of an ATC authorization issued by the ATC
facility
having jurisdiction over the airspace concerned. ATC may authorize
a
deviation on a continuing basis or for an individual flight,
as appropriate.
(c) Communications. Each person operating an aircraft
in Class D airspace
must meet the following two-way radio communications requirements:
(1) Arrival or through flight. Each person must
establish two-way radio
communications with the ATC facility (including foreign ATC
in the case of
foreign airspace designated in the United States) providing
air traffic
services prior to entering that airspace and thereafter maintain
those
communications while within that airspace.
(2) Departing flight. Each person--
(i) From the primary airport or satellite airport
with an operating control
tower must establish and maintain two-way radio communications
with the
control tower, and thereafter as instructed by ATC while operating
in the
Class D airspace area; or
(ii) From a satellite airport without an operating
control tower, must
establish 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 person 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 Sec. 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,
each pilot of--
(1) A large or turbine-powered airplane shall, unless
otherwise required
by the applicable distance from cloud criteria, 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 further descent is required
for a safe
landing;
(2) A large or turbine-powered airplane approaching
to land on a runway
served by an instrument landing system (ILS), if the airplane
is ILS
equipped, shall fly that airplane at an altitude at or above
the glide slope
between the outer marker (or point of interception of glide
slope, if
compliance with the applicable distance from clouds criteria
requires
interception closer in) and the middle marker; and
(3) An airplane approaching to land on a runway
served by a visual
approach slope indicator shall maintain an altitude at or above
the glide
slope until a lower altitude is necessary for safe landing.
Paragraphs (e)(2) and (e)(3) of this section do not prohibit
normal
bracketing maneuvers above or below the glide slope that are
conducted for
the purpose of remaining on the glide slope.
(f) Approaches. Except when conducting 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 operating
an airplane; or
(2) Avoid the flow of fixed-wing aircraft, if operating
a helicopter.
(g) Departures. No person may operate an aircraft
departing from an airport
except in compliance with the following:
(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
altitude of 1,500 feet above the surface as rapidly as practicable.
(h) Noise abatement. Where a formal runway use program
has been established
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
operation of
the aircraft as prescribed in Sec. 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
operating control tower, operate an aircraft on a runway or
taxiway, or take
off or land an aircraft, unless an appropriate clearance is
received from
ATC. A clearance to "taxi to" the takeoff runway assigned to
the aircraft is
not a clearance to cross that assigned takeoff runway, or to
taxi on that
runway at any point, but is a clearance to cross other runways
that intersect
the taxi route to that assigned takeoff runway. A clearance
to "taxi to" any
point other than an assigned takeoff runway is clearance to
cross all runways
that intersect the taxi route to that point.
[Amdt. 91-227, 56 FR 65658, Dec. 17, 1991, as amended by Amdt.
91-234, 58 FR
48793, Sept. 20, 1993]
Sec. 91.130 Operations in Class C airspace.
(a) General. Unless otherwise authorized by ATC,
each aircraft operation in
Class C airspace must be conducted in compliance with this section
and Sec.
91.129. For the purpose of this section, the primary airport
is the airport
for which the Class C airspace area is designated. 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
satellite airport within a Class C airspace area except in compliance
with
FAA arrival and departure traffic patterns.
(c) Communications. Each person operating an aircraft
in Class C airspace
must meet the following two-way radio communications requirements:
(1) Arrival or through flight. Each person must
establish two-way radio
communications with the ATC facility (including foreign ATC
in the case of
foreign airspace designated in the United States) providing
air traffic
services prior to entering that airspace and thereafter maintain
those
communications while within that airspace.
(2) Departing flight. Each person--
(i) From the primary airport or satellite airport
with an operating control
tower must establish and maintain two-way radio communications
with the
control tower, and thereafter as instructed by ATC while operating
in the
Class C airspace area; or
(ii) From a satellite airport without an operating
control tower, must
establish 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 having
jurisdiction over the Class C airspace 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 Sec. 91.215.
(e) Deviations. An operator may deviate from any
provision of this section
under the provisions of an ATC authorization issued by the ATC
facility
having jurisdiction over the airspace concerned. ATC may authorize
a
deviation on a continuing basis or for an individual flight,
as appropriate.
[Amdt. 91-227, 56 FR 65659, Dec. 17, 1991; Amdt. 91-232, 58 FR
40736, July
30, 1993; 58 FR 42643, Aug. 11, 1993, as amended by Amdt. 91-239,
59 FR
11693, Mar. 11, 1994]
Federal Register Notes
59 FR 11692, No. 48, Mar. 11, 1994
SUMMARY: This action reinstates the requirement for pilots to
establish and
maintain two-way radio communications with an operating control
tower in
Class E and Class G airspace areas. This action also adds a
paragraph to Sec.
91.130 of the Federal Aviation Regulations (FAR), for simplification
and
clarification, that allows an aircraft operator to deviate from
any provision
of Sec. 91.130 under the provisions of an air traffic control
(ATC)
authorization. This action is necessary to reinstate and clarify
certain
operating rules that existed prior to the Airspace Reclassification
final
rule, which became effective September 16, 1993.
EFFECTIVE DATE: This amendment is effective on March 11, 1994.
Sec. 91.131 Terminal control areas.
(a) Operating rules. No person may operate an aircraft
within a terminal
control area designated in part 71 of this chapter except in
compliance with
the following rules:
(1) No person may operate an aircraft within a terminal
control area unless
that person has received an appropriate authorization from ATC
prior to
operation of that aircraft in that area.
(2) Unless otherwise authorized by ATC, each person
operating a large
turbine engine-powered airplane to or from a primary airport
shall operate at
or above the designated floors while within the lateral limits
of the
terminal control area.
(3) Any person conducting pilot training operations
at an airport within a
terminal control area shall comply with any procedures established
by ATC for
such operations in terminal control area.
(b) Pilot requirements. (1) No person may takeoff
or land a civil aircraft
at an airport within a terminal control area or operate a civil
aircraft
within a terminal control area unless:
(i) The pilot in command holds at least a private
pilot certificate; or,
(ii) The aircraft is operated by a student pilot
who has met the
requirements of Sec. 61.95.
(2) Notwithstanding the provisions of paragraph
(b)(1)(ii) of this section,
at the following TCA primary airports, no person may takeoff
or land a civil
aircraft unless the pilot in command holds at least a private
pilot
certificate:
(i) Atlanta Hartsfield Airport, GA.
(ii) Boston Logan Airport, MA.
(iii) Chicago O'Hare International Airport, IL.
(iv) Dallas/Fort Worth International Airport, TX.
(v) Los Angeles International Airport, CA.
(vi) Miami International Airport, FL.
(vii) Newark International Airport, NJ.
(viii) New York Kennedy Airport, NY.
(ix) New York La Guardia Airport, NY.
(x) San Francisco International Airport, CA.
(xi) Washington National Airport, DC.
(xii) Andrews Air Force Base, MD
(c) Communications and navigation equipment requirements.
Unless otherwise
authorized by ATC, no person may operate an aircraft within
a terminal
control area unless that aircraft is equipped with--
(1) For IFR operations. An operable VOR or TACAN
receiver; and
(2) For all operations. An operable two-way radio
capable of communications
with ATC on appropriate frequencies for that terminal control
area.
(d) Transponder requirement. No person may operate
an aircraft in a
terminal control area unless the aircraft is equipped with the
applicable
operating transponder and automatic altitude reporting equipment
specified in
paragraph (a) of Sec. 91.215, except as provided in paragraph
(d) of that
section.
[Amdt. 91-227, 56 FR 65659, Dec. 17, 1991]
Federal Register Notes
56 FR 65638, No. 242, Dec. 17, 1991
SUMMARY: This final rule amends the Federal Aviation
Regulations (FAR) to
adopt certain recommendations of the National Airspace Review
(NAR)
concerning changes to regulations and procedures in regard to
airspace
classifications. These changes are intended to: (1) Simplify
airspace
designations; (2) achieve international commonality of airspace
designations;
(3) increase standardization of equipment requirements for operations
in
various classifications of airspace; (4) describe appropriate
pilot
certificate requirements, visual flight rules (VFR) visibility
and distance
from cloud rules, and air traffic services offered in each class
of airspace;
and (5) satisfy the responsibilities of the United States as
a member of the
International Civil Aviation Organization (ICAO). The final
rule also amends
the requirement for minimum distance from clouds in certain
airspace areas
and the requirements for communications with air traffic control
(ATC) in
certain airspace areas; eliminates airport radar service areas
(ARSAs),
control zones, and terminal control areas (TCAs) as airspace
classifications;
and eliminates the term "airport traffic area." The FAA believes
simplified
airspace classifications will reduce existing airspace complexity
and thereby
enhance safety.
EFFECTIVE DATE: These regulations become effective
September 16, 1993,
except that Secs. 11.61(c), 91.215(d), 71.601, 71.603, 71.605,
71.607, and
71.609 and Part 75 become effective December 12, 1991, and except
that
amendatory instruction number 20, Sec. 71.1 is effective as
of September 15,
1993, and that Secs. 71.11 and 71.19 become effective October
15, 1992. The
incorporation by reference of FAA Order 7400.7 in Sec. 71.1
(amendatory
instruction number 20) is approved by the Director of the Federal
Register
as of December 17, 1991, through September 15, 1993. The incorporation
by
reference of FAA Order 7400.9 in Sec. 71.1 (amendatory instruction
number 24)
is approved by the Director of the Federal Register as of September
16,
1993 through September 15, 1994.
Sec. 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
operations for which the restricted area was designated may
deviate from the
rules of this subpart that are not compatible with the operation
of the
aircraft.
Effective Date Note: At 54 FR 34291, August 18, 1989,
Sec. 91.133 was
added effective August 18, 1990.
Sec. 91.137 Temporary flight restrictions.
(a) The Administrator will issue a Notice to Airmen
(NOTAM) designating 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 surface;
(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 restrictions.
(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
operated under the direction of the official in charge of on
scene emergency
response activities.
(2) The aircraft is carrying law enforcement officials.
(3) The aircraft is operating under the ATC approved
IFR flight plan.
(4) The operation is conducted directly to or from
an airport within the
area, or is necessitated by the impracticability of VFR flight
above or
around the area due to weather, or terrain; 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 activities 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 authorized by the official in charge of on scene emergency
response
activities.
(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 directly to or from
an airport within the
area, or is necessitated by the impracticability of VFR flight
above or
around the area due to weather or terrain, and the operation
is not conducted
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 notifications made with
an FSS or ATC facility
under this section shall include the following information:
(1) Aircraft identification, type and color.
(2) Radio communications frequencies to be used.
(3) Proposed times of entry of, and exit from, the
designated area.
(4) Name of news media or organization and purpose
of flight.
(5) Any other information requested by ATC.
Effective Date Note: At 54 FR 34291, August 18, 1989,
Sec. 91.137 was
added effective August 18, 1990.
Sec. 91.151 Fuel requirements for flight in VFR conditions.
(a) No person may begin a flight in an airplane 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--
(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.
Effective Date Note: At 54 FR 34291, August 18, 1989,
Sec. 91.151 was
added effective August 18, 1990.
Sec. 91.155 Basic VFR weather minimums.
(a) Except as provided in paragraph (b) of this section
and Sec. 91.157, no
person 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
corresponding altitude and class of airspace 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 horizontal.
Class D
3 statute miles
500 feet below.
1,000 feet above.
2,000 feet horizontal.
Class E:
Less than 10,000 feet MSL
3 statute miles
500 feet below.
1,000 feet above.
2,000 feet horizontal
At or above 10,000 feet MSL
5 statute miles
1,000 feet below.
1,000 feet above.
1 statute mile horizontal.
Class G:
1,200 feet or less above the
surface (regardless of MSL
altitude)
Day, except as provided in Sec.
91.155(b)
1 statute mile
Clear of clouds.
Night, except as provided in
Sec. 91.155(b)
3 statute miles
500 feet below.
1,000 feet above.
2,000 feet horizontal.
More than 1,200 feet above the
surface but less than 10,000
feet MSL
Day
1 statute mile
500 feet below.
1,000 feet above.
2,000 feet horizontal.
Night
3 statute miles
500 feet below.
1,000 feet above.
2,000 feet horizontal.
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 horizontal.
(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 operated clear
of clouds if operated at
a speed that allows the pilot adequate opportunity to see any
air traffic or
obstruction in time to avoid a collision.
(2) Airplane. When the visibility is less than 3
statute miles but not less
than 1 statute mile during night hours, an airplane may be operated
clear of
clouds if operated in an airport traffic pattern within one-half
mile of the
runway.
(c) Except as provided in Sec. 91.157, no person
may operate an aircraft
beneath the ceiling under VFR within the lateral 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 Sec. 91.157 of this part,
no person may take off
or land an aircraft, or enter the traffic pattern of an airport,
under VFR,
within the lateral boundaries of the surface areas of Class
B, Class C, Class
D, or Class E airspace designated for an airport--
(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 operating in
the traffic
pattern is at least 3 statute miles.
(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.
[Amdt. No. 91-227, 56 FR 65660, Dec. 17, 1991, as amended by
Amdt. 91-235,
58 FR 51968, Oct. 5, 1993; 58 FR 57549, Oct. 26, 1993]
Federal Register Notes
58 FR 51966, No. 191, Oct. 5, 1993
Summary: This action amends certain regulations governing special
visual
flight rules (SVFR) operations. By omission of certain words
and phrases, the
Airspace Reclassification Final Rule inadvertently altered the
applicability
and scope of the part 91 SVFR provisions. Further, some airspace
revisions in
the Terminal Airspace Reconfiguration final rule resulted in
an unintentional
reduction of the amount of airspace within which SVFR operations
could be
conducted at some airports. This action restores the applicability
and scope
of the SVFR provisions and reestablishes the amount of airspace
for SVFR
operations that is essentially equivalent to that which existed
prior to
those amendments.
EFFECTIVE DATE: Upon publication.
Sec. 91.207 Emergency locator transmitters.
(a) Except as provided in paragraphs (e) and (f)
of this section, no person
may operate a U.S.-registered civil airplane 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
commercial 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
section, there must be attached to the airplane 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
that meets the requirements of TSO-C91 may not be used for new
installations.
(b) Each emergency locator transmitter required
by paragraph (a) of this
section must be attached to the airplane in such a manner that
the
probability 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
paragraphs (a) and (b) of this section must be replaced (or
recharged, if the
batteries 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 esxpired, as
established by the
transmitter manufacturer under its approval.
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
batteries (such as water-activated batteries) that are essentially
unaffected
during probable storage intervals.
(d) Each emergency locator transmitter required
by paragraph (a) of this
section must be inspected within 12 calendar months after the
last inspection
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 emergency locator transmitter
is to be
installed; and
(2) Ferry an airplane with an inoperative emergency
locator transmitter
from a place where repairs or replacements cannot be made to
a place where
they can be made.
No person other than required crewmembers may be carried aboard
an airplane
being ferried under paragraph (e) of this section.
(f) Paragraph (a) of this section does not apply
to--
(1) Turbojet-powered aircraft;
(2) Aircraft while engaged in scheduled 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
testing;
(5) New aircraft while engaged in flight operations
incident to their
manufacture, preparation, and delivery;
(6) Aircraft while engaged in flight operations
incident to the aerial
application of chemicals and other substances for agricultural
purposes;
(7) Aircraft certificated by the Administrator for
research and development
purposes;
(8) Aircraft while used for showing compliance with
regulations, crew
training, exhibition, air racing, or market surveys;
(9) Aircraft equipped to carry not more than one
person; and
(10) An aircraft during any period for which the
transmitter has been
temporarily removed for inspection, repair, modification, or
replacement,
subject to the following:
(i) No person may operate the aircraft unless the
aircraft records contain
an entry which includes the date of initial removal, the make,
model, serial
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 aircraft more than
90 days after the ELT is
initially removed from the aircraft.
[Doc. No. 18334, Amdt. 91-211, 54 FR 34291, Aug. 18, 1989, as
amended by
Amdt. 91-242, 59 FR 32057, June 21, 1994; 59 FR 34578, July
6, 1994]
Federal Register Notes
59 FR 32050, No. 118, June 21, 1994
SUMMARY: This rule requires that newly installed emergency locator
transmitters (ELT's) on U.S.-registered aircraft be of an improved
design
that meets the requirements of a revised Technical Standard
Order (TSO) or
later TSO's issued for ELT's. This rule is prompted by unsatisfactory
performance experienced with automatic ELT's manufactured under
the original
TSO. Further, it addresses certain safety recommendations made
by the
National Transportation Safety Board (NTSB) and the search and
rescue (SAR)
community. The FAA is also adopting improved standards for survival
ELT's.
The rule is expected to have a dramatic effect on reducing activation
failures and would increase the likelihood of locating airplanes
after
accidents. In addition, publication of this document coincides
with notice of
the FAA's withdrawal of manufacturing authority for ELT's produced
under TSO-
C91.
EFFECTIVE DATE: This document is effective June 21, 1994.
Sec. 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 duration;
(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 altitudes; and
(3) At cabin pressure altitudes above 15,000 feet
(MSL) unless each
occupant of the aircraft is provided with supplemental 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 addition to any oxygen required
to satisfy
paragraph (a) of this section, is available for each occupant
of the aircraft
for use in the event that a descent is necessitated by loss
of cabin
pressurization; and
(ii) At flight altitudes above flight level 350
unless one pilot at the
controls of the airplane is wearing and using an oxygen mask
that is secured
and sealed and that either supplies oxygen at all times or automatically
supplies oxygen whenever the cabin pressure 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,
supplying oxygen and properly secured and sealed.
(2) Notwithstanding paragraph (b)(1)(ii) of this
section, if for any reason
at any time it is necessary for one pilot to leave the controls
of the
aircraft 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 crewmember's station.
Effective Date Note: At 54 FR 34291, August 18, 1989,
Sec. 91.211 was
revised effective August 18, 1990, as set out above.
Sec. 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, 127 or 135 of this chapter, ATC transponder
equipment installed must meet the performance and environmental
requirements
of any class of TSO-C74b (Mode A) or any class of TSO-C74c (Mode
A with
altitude reporting capability) as appropriate, or the appropriate
class of
TSO-C112 (Mode S).
(b) All airspace. Unless otherwise authorized or
directed by ATC, no person
may operate an aircraft in the airspace described in paragraphs
(b)(1)
through (b)(5) of this section, unless that aircraft is equipped
with an
operable coded radar beacon transponder having either Mode 3/A
4096 code
capability, replying to Mode 3/A interrogations with the code
specified by
ATC, or a Mode S capability, replying to Mode 3/A interrogations
with the
code specified by ATC and intermode and Mode S interrogations
in accordance
with the applicable provisions specified in TSO C-112, and that
aircraft is
equipped with automatic pressure altitude reporting equipment
having a Mode C
capability that automatically replies to Mode C interrogations
by
transmitting pressure altitude information in 100-foot increments.
This
requirement applies--
(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 engine-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 airspace area designated
for an airport
upward to 10,000 feet MSL; and
(5) All aircraft except any aircraft which was not
originally certificated
with an engine-driven electrical system or which has not subsequently
been
certified with such a system installed, 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 appendix D, section
2 of this
part, excluding 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. While in the airspace
as specified 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 Sec. 91.413 of this part shall operate the transponder,
including Mode C equipment if installed, and shall reply on
the appropriate
code or as assigned by ATC.
(d) ATC authorized deviations. Requests for ATC
authorized deviations
must be made to the ATC facility having jurisdiction over the
concerned
airspace within the time periods specified as follows:
(1) For operation of an aircraft with an operating
transponder but without
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
airport 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.
(Approved by the Office of Management and Budget under OMB control
number
2120-0005)
[Doc. No. 25753, 54 FR 34291, Aug. 18, 1989, as amended by Amdt.
91-221, 56
FR 469, Jan. 4, 1991; Amdt. No. 91-227, 56 FR 65660, Dec. 17,
1991; 57 FR
328, Jan. 3, 1992; Amdt. No. 91-229, 57 FR 34618, Aug. 5, 1992]
Federal Register Notes
57 FR 34614, No. 151, Aug. 5, 1992
SUMMARY: The FAA is rescinding the Mode S transponder requirement
for
aircraft operating under part 91 of the Federal Aviation Regulations.
The
Mode S ground sensors, the bulwark of the Model S system, are
not expected to
be fully operational until late 1995. Therefore, requiring all
aircraft to
have Mode S transponders at this time is not essential for a
safe and
efficient National Airspace System. Until the installation of
the Mode S
ground sensors and studies of their effectiveness are completed,
the FAA has
determined that it is not in the public interest to require
that any
transponder newly installed in a general aviation aircraft after
July 1,
1992, be a Mode S transponder.
EFFECTIVE DATE: July 30, 1992.
Sec. 91.309 Towing: Gliders.
(a) No person may operate a civil aircraft towing
a glider unless--
(1) The pilot in command of the towing aircraft
is qualified under Sec.
61.69 of this chapter;
(2) The towing aircraft is equipped with a tow-hitch
of a kind, and
installed 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 and not
more than twice
this operating weight. However, the towline used may have a
breaking strength
more than twice the maximum certificated operating weight of
the glider if--
(i) A safety link is installed at the point of attachment
of the towline to
the glider with a breaking strength not less than 80 percent
of the maximum
certificated operating weight of the glider 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 strength greater, but
not more than 25
percent greater, than that of the safety link at the towed glider
end of the
towline and not greater than twice the maximum certificated
operating weight
of the glider;
(4) Before conducting any towing operation 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 station
serving that
controlled airspace before conducting any towing operations
in that airspace;
and
(5) The pilots of the towing aircraft and the glider
have agreed upon a
general course of action, including takeoff and release signals,
airspeeds,
and emergency procedures for each pilot.
(b) No pilot of a civil aircraft may intentionally
release a towline, after
release of a glider, in a manner that endangers the life or
property of
another.
[54 FR 34291, Aug. 18, 1989, as amended by Amdt. 91-227, 56 FR
65661,
Dec. 17, 1991]
EFFECTIVE DATE NOTE: Amdt. No. 91-227, 56 FR 65661,
Dec. 17, 1991, revised
paragraph (a)(4) of this section effective September 16, 1993.
For the
convenience of the user, the superseded text in effect until
Sept. 16, 1993,
is set forth as follows:
(a) * * *
(4) Before conducting any towing operation within
a control zone, or before
making each towing flight within a control zone if required
by ATC, the pilot
in command notifies the control tower if one is in operation
in that control
zone. If such a control tower is not in operation, the pilot
in command must
notify the FAA Flight Service Station serving the control zone
before
conducting any towing operation in that control zone; and
Federal Register Notes
56 FR 65638, No. 242, Dec. 17, 1991
SUMMARY: This final rule amends the Federal Aviation
Regulations (FAR) to
adopt certain recommendations of the National Airspace Review
(NAR)
concerning changes to regulations and procedures in regard to
airspace
classifications. These changes are intended to: (1) Simplify
airspace
designations; (2) achieve international commonality of airspace
designations;
(3) increase standardization of equipment requirements for operations
in
various classifications of airspace; (4) describe appropriate
pilot
certificate requirements, visual flight rules (VFR) visibility
and distance
from cloud rules, and air traffic services offered in each class
of airspace;
and (5) satisfy the responsibilities of the United States as
a member of the
International Civil Aviation Organization (ICAO). The final
rule also amends
the requirement for minimum distance from clouds in certain
airspace areas
and the requirements for communications with air traffic control
(ATC) in
certain airspace areas; eliminates airport radar service areas
(ARSAs),
control zones, and terminal control areas (TCAs) as airspace
classifications;
and eliminates the term "airport traffic area." The FAA believes
simplified
airspace classifications will reduce existing airspace complexity
and thereby
enhance safety.
EFFECTIVE DATE: These regulations become effective
September 16, 1993,
except that Secs. 11.61(c), 91.215(d), 71.601, 71.603, 71.605,
71.607, and
71.609 and Part 75 become effective December 12, 1991, and except
that
amendatory instruction number 20, Sec. 71.1 is effective as
of September 15,
1993, and that Secs. 71.11 and 71.19 become effective October
15, 1992. The
incorporation by reference of FAA Order 7400.7 in Sec. 71.1
(amendatory
instruction number 20) is approved by the Director of the Federal
Register
as of December 17, 1991, through September 15, 1993. The incorporation
by
reference of FAA Order 7400.9 in Sec. 71.1 (amendatory instruction
number 24)
is approved by the Director of the Federal Register as of September
16,
1993 through September 15, 1994.
Sec. 91.405 Maintenance required.
Each owner or operator of an aircraft--
(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 repaired as prescribed
in part 43 of
this chapter;
(b) Shall ensure that maintenance personnel make
appropriate entries in the
aircraft maintenance records indicating the aircraft has been
approved for
return to service;
(c) Shall have any inoperative instrument or item
of equipment, permitted
to be inoperative by Sec. 91.213(d)(2) of this part, repaired,
replaced,
removed, or inspected at the next required inspection; and
(d) When listed discrepancies include inoperative
instruments or equipment,
shall ensure that a placard has been installed as required by
Sec. 43.11 of
this chapter.
Effective Date Note: At 54 FR 34291, August 18, 1989,
Sec. 91.405 was
added effective August 18, 1990.
Sec. 91.409 Inspections.
(a) Except as provided in paragraph (c) of this section,
no person may
operate an aircraft unless, within the preceding 12 calendar
months, it has
had--
(1) An annual inspection in accordance with part
43 of this chapter and has
been approved for return to service by a person authorized by
Sec. 43.7 of
this chapter; or
(2) An inspection for the issuance of an airworthiness
certificate in
accordance with part 21 of this chapter.
No inspection performed under paragraph (b) of this section may
be
substituted for any inspection required by this paragraph unless
it is
performed by a person authorized to perform annual 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
operate an aircraft carrying any person (other than a crewmember)
for hire,
and no person may give flight instruction for hire in an aircraft
which that
person provides, unless within the preceding 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 airworthiness 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 section do not
apply to--
(1) An aircraft that carries a special flight permit,
a current
experimental certificate, or a provisional airworthiness certificate;
(2) An aircraft inspected in accordance with an
approved aircraft
inspection program under part 125, 127, or 135 of this chapter
and so
identified by the registration number in the operations specifications
of the
certificate holder having the approved inspection program;
(3) An aircraft subject to the requirements of paragraph
(d) or (e) of this
section; or
(4) Turbine-powered rotorcraft when the operator
elects to inspect that
rotorcraft in accordance with paragraph (e) of this section.
(d) Progressive inspection. Each registered owner
or operator of an
aircraft desiring to use a progressive inspection program must
submit a
written request to the FAA Flight Standards district office
having
jurisdiction over the area in which the applicant is located,
and shall
provide--
(1) A certificated mechanic holding an inspection
authorization, a
certificated airframe repair station, or the manufacturer of
the aircraft to
supervise or conduct the progressive inspection;
(2) A current inspection procedures manual available
and readily
understandable 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, specifying the intervals
in hours or days when
routine and detailed inspections will be performed and including
instructions
for exceeding an inspection interval by not more than 10 hours
while en route
and for changing an inspection interval because of service experience;
(iii) Sample routine and detailed inspection 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 information for
the aircraft.
The frequency and detail of the progressive 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
experience,
and the kind of operation in which the aircraft is engaged.
The progressive
inspection schedule must ensure that the aircraft, at all times,
will be
airworthy and will conform to all applicable FAA aircraft specifications,
type certificate data sheets, airworthiness directives, and
other approved
data. If the progressive inspection is discontinued, the owner
or operator
shall immediately notify the local FAA Flight Standards district
office, in
writing, of the discontinuance. After the discontinuance, the
first annual
inspection under Sec. 91.409(a)(1) is due within 12 calendar
months after the
last complete inspection of the aircraft under the progressive
inspection.
The 100-hour inspection under Sec. 91.409(b) is due within 100
hours after
that complete inspection. A complete inspection of the aircraft,
for the
purpose of determining 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 inspection
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 airplanes, turbopropeller-powered multiengine airplanes,
and
turbine-powered rotorcraft. No person may operate a large airplane,
turbojet
multiengine airplane, turbopropeller-powered multiengine 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, engines,
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 rotorcraft may elect to use the inspection provisions
of Sec.
91.409(a), (b), (c), or (d) in lieu of an inspection option
of Sec.
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 section must select,
identify
in the aircraft maintenance records, and use one of the following
programs
for the inspection of the aircraft:
(1) A continuous airworthiness inspection program
that is part of a
continuous airworthiness maintenance program currently in use
by a person
holding an air carrier operating certificate or an operating
certificate
issued under part 121, 127, or 135 of this chapter and operating
that make
and model aircraft under part 121 of this chapter or operating
that make and
model under part 135 of this chapter and maintaining it under
Sec.
135.411(a)(2) of this chapter.
(2) An approved aircraft inspection program approved
under Sec. 135.419 of
this chapter and currently in use by a person holding an operating
certificate issued under part 135 of this chapter.
(3) A current inspection program recommended by
the manufacturer.
(4) Any other inspection program established 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 Administrator
may require revision of this inspection program in accordance
with the
provisions of Sec. 91.415.
Each operator shall include in the selected program the name
and address of
the person responsible for scheduling the inspections required
by the program
and make a copy of that program available to the person performing
inspections on the aircraft and, upon request, to the Administrator.
(g) Inspection program approved under paragraph
(e) of this section. Each
operator 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 local FAA
Flight
Standards district office having jurisdiction over the area
in which the
aircraft is based. The program must be in writing and include
at least the
following information:
(1) Instructions and procedures for the conduct
of inspections for the
particular make and model airplane or turbine-powered rotorcraft,
including
necessary tests and checks. The instructions and procedures
must set forth in
detail the parts and areas of the airframe, engines, propellers,
rotors, and
appliances, including survival and emergency equipment required
to be
inspected.
(2) A schedule for performing the inspections 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 program to another.
When an operator
changes from one inspection program under paragraph (f) of this
section to
another, the time in service, calendar times, or cycles of operation
accumulated 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 OMB control
number
2120-0005)
[Doc No. 18334, 54 FR 34311, Aug. 18, 1989; 54 FR 41211, Oct. 5, 1989]
Effective Date Note: At 54 FR 34291, August 18, 1989,
Sec. 91.409 was
added effective August 18, 1990.
Sec. 91.411 Altimeter system and altitude reporting equipment tests an inspections.
(a) No person may operate an airplane, or helicopter,
in controlled
airspace 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
appendix E 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),
appendices E and F, of part 43 of this chapter; and
(3) Following installation or maintenance on the
automatic pressure
altitude reporting system of the 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.
(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 properly equipped
to perform those
functions and holding--
(i) An instrument rating, Class I;
(ii) A limited instrument rating appropriate to
the make and model of
appliance 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
(v) A limited rating for a manufacturer issued for
the appliance in
accordance with Sec. 145.101(b)(4) of this chapter; 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 airplane, or helicopter,
in controlled
airspace under IFR at an altitude above the maximum altitude
at which all
altimeters and the automatic altitude reporting system of that
airplane, or
helicopter, have been tested.
Effective Date Note: At 54 FR 34291, August 18, 1989,
Sec. 91.411 was
added effective August 18, 1990.
Sec. 91.417 Maintenance records.
(a) Except for work performed in accordance with
Secs. 91.411 and 91.413,
each registered owner or operator shall keep the following records
for the
periods specified in paragraph (b) of this section:
(1) Records of the maintenance, preventive maintenance,
and alteration and
records of the 100-hour, annual, progressive, and other required
or approved
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,
propeller, 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 inspection program
under which the
aircraft and its appliances are maintained.
(v) The current status of applicable airworthiness
directives (AD)
including, for each, the method of compliance, the AD number,
and revision
date. If the AD involves recurring action, the time and date
when the next
action is required.
(vi) Copies of the forms prescribed by Sec. 43.9(a)
of this chapter for
each major alteration to the airframe and currently installed
engines,
rotors, propellers, and appliances.
(b) The owner or operator shall retain the following
records for the
periods prescribed:
(1) The records specified in paragraph (a)(1) of
this section shall be
retained until the work is repeated or superseded 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
Sec. 43.11 of this chapter shall be retained until the defects
are repaired
and the aircraft is approved for return to service.
(c) The owner or operator shall make all maintenance
records required to be
kept by this section available for inspection by the Administrator
or any
authorized representative of the National Transportation Safety
Board (NTSB).
In addition, the owner or operator shall present Form 337 described
in
paragraph (d) of this section for inspection upon request of
any law
enforcement 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 OMB control
number
2120-0005)
Effective Date Note: At 54 FR 34291, August 18, 1989,
Sec. 91.417 was
added effective August 18, 1990.