← The Saudi aviation reference, in one place.
14 CFR Part 091 - General Operating and Flight Rules
Reproduced for study. Always verify against the official GACAR at gaca.gov.sa.
684 14 CFR Ch. I (1–1–25 Edition) § 89.545
(2) A petition to reconsider the re-
scission of the Administrator’s accept-ance of a declaration of compliance must show that the petitioner is an in-terested party and has been adversely affected by the decision of the FAA. The petition must also demonstrate at least one of the following:
(i) The petitioner adduces a signifi-
cant additional fact not previously pre-sented to the FAA.
(ii) The Administrator made a mate-
rial error of fact in the decision to re-scind acceptance of the declaration of compliance.
(iii) The Administrator did not cor-
rectly interpret a law, regulation, or precedent.
(3) Upon consideration of the infor-
mation submitted by the petitioner, the Administrator will notify the peti-tioner and the person who submitted the declaration of compliance (if dif-ferent) of the decision on whether to reinstate the Administrator’s accept-ance of the declaration of compliance.
(c) Inapplicability of part 13, subpart D,
of this chapter. Part 13, subpart D, of
this chapter does not apply to the pro-cedures of paragraphs (a) and (b) of this section.
§ 89.545 Record retention.
A person who submits a declaration
of compliance under this subpart that is accepted by the Administrator must retain the following information for as long as the standard remote identifica-tion unmanned aircraft or remote iden-tification broadcast module listed on that declaration of compliance is pro-duced plus an additional 24 calendar months, and must make available for inspection by the Administrator the following:
(a) The means of compliance, all doc-
umentation, and substantiating data related to the means of compliance used.
(b) Records of all test results. (c) Any other information necessary
to demonstrate compliance with the means of compliance so that the stand-ard remote identification unmanned aircraft or remote identification broad-cast module meets the remote identi-fication requirements and the design and production requirements of this part. PART 91—GENERAL OPERATING
AND FLIGHT RULES
SPECIAL FEDERAL AVIATION REGULATION NO.
SPECIAL FEDERAL AVIATION REGULATION NO.
SPECIAL FEDERAL AVIATION REGULATION NO.
SPECIAL FEDERAL AVIATION REGULATION NO.
Subpart A—General
Sec.
91.1 Applicability. 91.3 Responsibility and authority of the
pilot in command.
91.5 Pilot in command of aircraft requiring
more than one required pilot.
91.7 Civil aircraft airworthiness. 91.9 Civil aircraft flight manual, marking,
and placard requirements.
91.11 Prohibition on interference with crew-
members.
91.13 Careless or reckless operation. 91.15 Dropping objects. 91.17 Alcohol or drugs. 91.19 Carriage of narcotic drugs, marihuana,
and depressant or stimulant drugs or substances.
91.21 Portable electronic devices. 91.23 Truth-in-leasing clause requirement in
leases and conditional sales contracts.
91.25 Aviation Safety Reporting Program:
Prohibition against use of reports for en-forcement purposes.
91.27–91.99 [Reserved]
Subpart B—Flight Rules
GENERAL
91.101 Applicability.
91.103 Preflight action. 91.105 Flight crewmembers at stations. 91.107 Use of safety belts, shoulder har-
nesses, and child restraint systems.
91.108 Use of supplemental restraint sys-
tems.
91.109 Flight instruction; Simulated instru-
ment flight and certain flight tests.
91.111 Operating near other aircraft. 91.113 Right-of-way rules: Except water op-
erations.
91.115 Right-of-way rules: Water operations. 91.117 Aircraft speed. 91.119 Minimum safe altitudes: General. 91.121 Altimeter settings. 91.123 Compliance with ATC clearances and
instructions.
91.125 ATC light signals. 91.126 Operating on or in the vicinity of an
airport in Class G airspace.
91.127 Operating on or in the vicinity of an
airport in Class E airspace.
91.129 Operations in Class D airspace.
685 Federal Aviation Administration, DOT Pt. 91
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 na-
tional disaster areas in the State of Ha-waii.
91.139 Emergency air traffic rules. 91.141 Flight restrictions in the proximity
of the Presidential and other parties.
91.143 Flight limitation in the proximity of
space flight operations.
91.144 Temporary restriction on flight oper-
ations during abnormally high baro-metric pressure conditions.
91.145 Management of aircraft operations in
the vicinity of aerial demonstrations and major sporting events.
91.146 Passenger-carrying flights for the
benefit of a charitable, nonprofit, or community event.
91.147 Passenger-carrying flights for com-
pensation or hire.
91.148–91.149 [Reserved]
V
ISUAL FLIGHT RULES
91.151 Fuel requirements for flight in VFR
conditions.
91.153 VFR flight plan: Information re-
quired.
91.155 Basic VFR weather minimums. 91.157 Special VFR weather minimums. 91.159 VFR cruising altitude or flight level. 91.161 Special awareness training required
for pilots flying under visual flight rules within a 60-nautical mile radius of the Washington, DC VOR/DME.
91.162–91.165 [Reserved]
I
NSTRUMENT 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 oper-
ations.
91.173 ATC clearance and flight plan re-
quired.
91.175 Takeoff and landing under IFR. 91.176 Straight-in landing operations below
DA/DH or MDA using an enhanced flight vision system (EFVS) under IFR.
91.177 Minimum altitudes for IFR oper-
ations.
91.179 IFR cruising altitude or flight level. 91.180 Operations within airspace des-
ignated as Reduced Vertical Separation Minimum airspace.
91.181 Course to be flown. 91.183 IFR communications. 91.185 IFR operations: Two-way radio com-
munications failure.
91.187 Operation under IFR in controlled
airspace: Malfunction reports.
91.189 Category II and III operations: Gen-
eral operating rules. 91.191 Category II and Category III manual.
91.193 Certificate of authorization for cer-
tain Category II operations.
91.195–91.199 [Reserved]
Subpart C—Equipment, Instrument, and
Certificate Requirements
91.201 [Reserved]
91.203 Civil aircraft: Certifications required. 91.205 Powered civil aircraft with standard
category U.S. airworthiness certificates: Instrument and equipment requirements.
91.207 Emergency locator transmitters. 91.209 Aircraft lights. 91.211 Supplemental oxygen. 91.213 Inoperative instruments and equip-
ment.
91.215 ATC transponder and altitude report-
ing equipment and use.
91.217 Data correspondence between auto-
matically reported pressure altitude data and the pilot’s altitude reference.
91.219 Altitude alerting system or device:
Turbojet-powered civil airplanes.
91.221 Traffic alert and collision avoidance
system equipment and use.
91.223 Terrain awareness and warning sys-
tem.
91.225 Automatic Dependent Surveillance-
Broadcast (ADS–B) Out equipment and use.
91.227 Automatic Dependent Surveillance-
Broadcast (ADS–B) Out equipment per-formance requirements.
91.228–91.299 [Reserved]
Subpart D—Special Flight Operations
91.301 [Reserved]
91.303 Aerobatic flight. 91.305 Flight test areas. 91.307 Parachutes and parachuting. 91.309 Towing: Gliders and unpowered ultra-
light vehicles.
91.311 Towing: Other than under §91.309. 91.313 Restricted category civil aircraft: Op-
erating limitations.
91.315 Limited category civil aircraft: Oper-
ating limitations.
91.317 Provisionally certificated civil air-
craft: Operating limitations.
91.319 Aircraft having experimental certifi-
cates: Operating limitations.
91.321 Carriage of candidates in elections. 91.323 Increased maximum certificated
weights for certain airplanes operated in Alaska.
91.325 Primary category aircraft: Operating
limitations.
91.326 Exception to operating certain air-
craft for the purposes of flight training, flightcrew member checking, or flightcrew member testing.
91.327 Aircraft having a special airworthi-
ness certificate in the light-sport cat-egory: Operating limitations.
686 14 CFR Ch. I (1–1–25 Edition) Pt. 91
91.328–91.399 [Reserved]
Subpart E—Maintenance, Preventive
Maintenance, and Alterations
91.401 Applicability.
91.403 General. 91.405 Maintenance required. 91.407 Operation after maintenance, preven-
tive maintenance, rebuilding, or alter-ation.
91.409 Inspections. 91.410 [Reserved] 91.411 Altimeter system and altitude report-
ing equipment tests and inspections.
91.413 ATC transponder tests and inspec-
tions.
91.415 Changes to aircraft inspection pro-
grams.
91.417 Maintenance records. 91.419 Transfer of maintenance records. 91.421 Rebuilt engine maintenance records. 91.423–91.499 [Reserved]
Subpart F—Large and Turbine-Powered
Multiengine Airplanes and Fractional Ownership Program Aircraft
91.501 Applicability.
91.503 Flying equipment and operating in-
formation.
91.505 Familiarity with operating limita-
tions and emergency equipment.
91.507 Equipment requirements: Over-the-
top or night VFR operations.
91.509 Survival equipment for overwater op-
erations.
91.511 Communication and navigation
equipment for overwater operations.
91.513 Emergency equipment. 91.515 Flight altitude rules. 91.517 Passenger information. 91.519 Passenger briefing. 91.521 Shoulder harness. 91.523 Carry-on baggage. 91.525 Carriage of cargo. 91.527 Operating in icing conditions. 91.529 Flight engineer requirements. 91.531 Second in command requirements. 91.533 Flight attendant requirements. 91.535 Stowage of food, beverage, and pas-
senger service equipment during aircraft movement on the surface, takeoff, and landing.
91.537–91.599 [Reserved]
Subpart G—Additional Equipment and Op-
erating Requirements for Large and Transport Category Aircraft
91.601 Applicability.
91.603 Aural speed warning device. 91.605 Transport category civil airplane
weight limitations.
91.607 Emergency exits for airplanes car-
rying passengers for hire. 91.609 Flight data recorders and cockpit
voice recorders.
91.611 Authorization for ferry flight with
one engine inoperative.
91.613 Materials for compartment interiors. 91.615–91.699 [Reserved]
Subpart H—Foreign Aircraft Operations
and Operations of U.S.-Registered Civil Aircraft Outside of the United States; and Rules Governing Persons on Board Such Aircraft
91.701 Applicability.
91.702 Persons on board. 91.703 Operations of civil aircraft of U.S.
registry outside of the United States.
91.705 [Reserved] 91.706 Operations within airspace designed
as Reduced Vertical Separation Min-imum Airspace.
91.707 Flights between Mexico or Canada
and the United States.
91.709 Operations to Cuba. 91.711 Special rules for foreign civil air-
craft.
91.713 Operation of civil aircraft of Cuban
registry.
91.715 Special flight authorizations for for-
eign civil aircraft.
91.717–91.799 [Reserved]
Subpart I—Operating Noise Limits
91.801 Applicability: Relation to part 36. 91.803 Part 125 operators: Designation of ap-
plicable regulations.
91.805 Final compliance: Subsonic airplanes. 91.807–91.813 [Reserved] 91.815 Agricultural and fire fighting air-
planes: Noise operating limitations.
91.817 Civil aircraft sonic boom. 91.818 Special flight authorization to exceed
Mach 1.
91.819 Civil supersonic airplanes that do not
comply with part 36.
91.821 Civil supersonic airplanes: Noise lim-
its.
91.823–91.849 [Reserved] 91.851 Definitions. 91.853 Final compliance: Civil subsonic air-
planes.
91.855 Entry and nonaddition rule. 91.857 Stage 2 operations outside of the 48
contiguous United States.
91.858 Special flight authorizations for non-
revenue Stage 2 operations.
91.859 Modification to meet Stage 3, Stage
4, or Stage 5 noise levels.
91.861 Base level. 91.863 Transfers of Stage 2 airplanes with
base level.
91.865 Phased compliance for operators with
base level.
91.867 Phased compliance for new entrants. 91.869 Carry-forward compliance.
687 Federal Aviation Administration, DOT Pt. 91
91.871 Waivers from interim compliance re-
quirements.
91.873 Waivers from final compliance. 91.875 Annual progress reports. 91.877 Annual reporting of Hawaiian oper-
ations.
91.879–91.880 [Reserved] 91.881 Final compliance: Civil subsonic jet
airplanes weighing 75,000 pounds or less.
91.883 Special flight authorizations for jet
airplanes weighing 75,000 pounds or less.
91.884–91.899 [Reserved]
Subpart J—Waivers
91.901 [Reserved] 91.903 Policy and procedures. 91.905 List of rules subject to waivers. 91.907–91.999 [Reserved]
Subpart K—Fractional Ownership
Operations
91.1001 Applicability.
91.1002 Compliance date. 91.1003 Management contract between
owner and program manager.
91.1005 Prohibitions and limitations. 91.1007 Flights conducted under part 121 or
part 135 of this chapter.
91.1009 Clarification of operational control. 91.1011 Operational control responsibilities
and delegation.
91.1013 Operational control briefing and ac-
knowledgment.
91.1014 Issuing or denying management
specifications.
91.1015 Management specifications. 91.1017 Amending program manager’s man-
agement specifications.
91.1019 Conducting tests and inspections. 91.1021 Internal safety reporting and inci-
dent/accident response.
91.1023 Program operating manual require-
ments.
91.1025 Program operating manual contents. 91.1027 Recordkeeping. 91.1029 Flight scheduling and locating re-
quirements.
91.1031 Pilot in command or second in com-
mand: Designation required.
91.1033 Operating information required. 91.1035 Passenger awareness. 91.1037 Large transport category airplanes:
Turbine engine powered; Limitations; Destination and alternate airports.
91.1039 IFR takeoff, approach and landing
minimums.
91.1041 Aircraft proving and validation
tests.
91.1043 [Reserved] 91.1045 Additional equipment requirements. 91.1047 Drug and alcohol misuse education
program.
91.1049 Personnel. 91.1050 Employment of former FAA employ-
ees. 91.1053 Crewmember experience.
91.1055 Pilot operating limitations and pair-
ing requirement.
91.1057 Flight, duty and rest time require-
ments; All crewmembers.
91.1059 Flight time limitations and rest re-
quirements: One or two pilot crews.
91.1061 Augmented flight crews. 91.1062 Duty periods and rest requirements:
Flight attendants.
91.1063 Testing and training: Applicability
and terms used.
91.1065 Initial and recurrent pilot testing
requirements.
91.1067 Initial and recurrent flight attend-
ant crewmember testing requirements.
91.1069 Flight crew: Instrument proficiency
check requirements.
91.1071 Crewmember: Tests and checks,
grace provisions, training to accepted standards.
91.1073 Training program: General. 91.1075 Training program: Special rules. 91.1077 Training program and revision: Ini-
tial and final approval.
91.1079 Training program: Curriculum. 91.1081 Crewmember training requirements. 91.1083 Crewmember emergency training. 91.1085 Hazardous materials recognition
training.
91.1087 Approval of aircraft simulators and
other training device.
91.1089 Qualifications: Check pilots (air-
craft) and check pilots (simulator).
91.1091 Qualifications: Flight instructors
(aircraft) and flight instructors (simu-lator).
91.1093 Initial and transition training and
checking: Check pilots (aircraft), check pilots (simulator).
91.1095 Initial and transition training and
checking: Flight instructors (aircraft), flight instructors (simulator).
91.1097 Pilot and flight attendant crew-
member training programs.
91.1099 Crewmember initial and recurrent
training requirements.
91.1101 Pilots: Initial, transition, and up-
grade ground training.
91.1103 Pilots: Initial, transition, upgrade,
requalification, and differences flight training.
91.1105 Flight attendants: Initial and transi-
tion ground training.
91.1107 Recurrent training. 91.1109 Aircraft maintenance: Inspection
program.
91.1111 Maintenance training.
91.1113 Maintenance recordkeeping. 91.1115 Inoperable instruments and equip-
ment.
91.1411 Continuous airworthiness mainte-
nance program use by fractional owner-ship program manager.
91.1413 CAMP: Responsibility for airworthi-
ness.
688 14 CFR Ch. I (1–1–25 Edition) Pt. 91, SFAR No. 50–2
91.1415 CAMP: Mechanical reliability re-
ports.
91.1417 CAMP: Mechanical interruption
summary report.
91.1423 CAMP: Maintenance organization. 91.1425 CAMP: Maintenance, preventive
maintenance, and alteration programs.
91.1427 CAMP: Manual requirements. 91.1429 CAMP: Required inspection per-
sonnel.
91.1431 CAMP: Continuing analysis and sur-
veillance.
91.1433 CAMP: Maintenance and preventive
maintenance training program.
91.1435 CAMP: Certificate requirements. 91.1437 CAMP: Authority to perform and ap-
prove maintenance.
91.1439 CAMP: Maintenance recording re-
quirements.
91.1441 CAMP: Transfer of maintenance
records.
91.1443 CAMP: Airworthiness release or air-
craft maintenance log entry.
Subpart L—Continued Airworthiness and
Safety Improvements
91.1501 Purpose and definition.
91.1503 [Reserved] 91.1505 Repairs assessment for pressurized
fuselages.
91.1507 Fuel tank system inspection pro-
gram.
Subpart M—Special Federal Aviation
Regulations
91.1603 Special Federal Aviation Regulation
No. 112—Prohibition Against Certain Flights in the Territory and Airspace of Libya.
91.1605 Special Federal Aviation Regulation
No. 77—Prohibition Against Certain Flights in the Baghdad Flight Informa-tion Region (FIR) (ORBB).
91.1607 [Reserved] 91.1609 Special Federal Aviation Regulation
No. 114—Prohibition Against Certain Flights in the Damascus Flight Informa-tion Region (FIR) (OSTT).
91.1611 Special Federal Aviation Regulation
No. 115—Prohibition Against Certain Flights in Specified Areas of the Sanaa Flight Information Region (FIR) (OYSC).
91.1613 Special Federal Aviation Regulation
No. 107—Prohibition Against Certain Flights in the Territory and Airspace of Somalia.
91.1615 Special Federal Aviation Regulation
No. 79—Prohibition Against Certain Flights in the Pyongyang Flight Infor-mation Region (FIR) (ZKKP).
91.1617 Special Federal Aviation Regulation
No. 117—Prohibition Against Certain Flights in the Tehran Flight Information Region (FIR) (OIIX). 91.1619 Special Federal Aviation Regulation
No. 119—Prohibition Against Certain Flights in the Kabul Flight Information Region (FIR) (OAKX).
Subpart N—Mitsubishi MU–2B Series Spe-
cial Training, Experience, and Oper-ating Requirements
91.1701 Applicability.
91.1703 Compliance and eligibility. 91.1705 Required pilot training. 91.1707 Training program hours. 91.1709 Training program approval. 91.1711 Aeronautical experience. 91.1713 Instruction, checking, and evalua-
tion.
91.1715 Currency requirements and flight re-
view.
91.1717 Operating requirements. 91.1719 Credit for prior training. 91.1721 Incorporation by reference. A
PPENDIX A TOPART91—C ATEGORY II O PER-
ATIONS : M ANUAL , INSTRUMENTS , E QUIP-
MENT , ANDMAINTENANCE
APPENDIXES B—C TOPART91 [R ESERVED ]
APPENDIX D TOPART 91—A IRPORTS /LOCA-
TIONS : SPECIAL OPERATING RESTRICTIONS
APPENDIX E TOPART 91—A IRPLANE FLIGHT
RECORDER SPECIFICATIONS
APPENDIX F TOPART91—H ELICOPTER FLIGHT
RECORDER SPECIFICATIONS
APPENDIX G TOPART91—O PERATIONS IN RE-
DUCED VERTICAL SEPARATION MINIMUM
(RVSM) A IRSPACE
AUTHORITY : 49 U.S.C. 106(f), 40101, 40103,
40105, 40113, 40120, 44101, 44111, 44701, 44704, 44709, 44711, 44712, 44715, 44716, 44717, 44722, 46306, 46315, 46316, 46504, 46506–46507, 47122, 47508, 47528–47531, 47534; Pub. L. 114–190, 130 Stat. 615 (49 U.S.C. 44703 note); Sec. 828 of Pub. L. 118–63, 138 Stat. 1330 (49 U.S.C. 44703 note); articles 12 and 29 of the Convention on International Civil Aviation (61 Stat. 1180), (126 Stat. 11).
SPECIAL FEDERAL AVIATION REGULATION
NO. 50–2—S PECIAL FLIGHT RULES IN
THEVICINITY OF THE GRAND CANYON
NATIONAL PARK, AZ
Section 1. Applicability. This rule prescribes
special operating rules for all persons oper-ating aircraft in the following airspace, des-ignated as the Grand Canyon National Park Special Flight Rules Area:
That airspace extending upward from the
surface up to but not including 14,500 feet MSL within an area bounded by a line begin-ning at lat. 36 °09′30″ N., long. 114 °03′00″ W.;
northeast to lat. 36 °14′00″ N., long. 113 °09′50″
W.; thence northeast along the boundary of the Grand Canyon National Park to lat. 36°24′47″ N., long. 112 °52′00″ W.; to lat. 36 °30′30″
N., long. 112 °36′15″ W. to lat. 36 °21′30″ N., long.
112°00′00″ W. to lat. 36 °35′30″ N., long. 111 °53′10″
689 Federal Aviation Administration, DOT Pt. 91, SFAR No. 50–2
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 stat-ute mile radius of the Peach Springs VORTAC to lat. 35 °41′20″ N., long. 113 °36′00″
W.; to lat. 35 °55′25″ N., long. 113 °49′10″ W.; to
lat. 35 °57′45″ N., 113 °45′20″ W.; thence north-
west along the park boundary to lat. 36 °02′20″
N., long. 113 °50′15″ W.; to 36 °00′10″ N., long.
113°53′45
″ W.; thence to the point of begin-
ning.
Section 3. Aircraft operations: general. Ex-
cept in an emergency, no person may operate an aircraft in the Special Flight Rules, Area under VFR on or after September 22, 1988, or under IFR on or after April 6, 1989, unless the operation—
(a) Is conducted in accordance with the fol-
lowing procedures:
N
OTE: The following procedures do not re-
lieve the pilot from see-and-avoid responsi-bility or compliance with FAR 91.119.
(1) Unless necessary to maintain a safe dis-
tance from other aircraft or terrain—
(i) Remain clear of the areas described in
Section 4; and
(ii) Remain at or above the following alti-
tudes in each sector of the canyon:
Eastern section from Lees Ferry to North
Canyon and North Canyon to Boundary Ridge: as prescribed in Section 5.
Boundary Ridge to Supai Point
(Yumtheska Point): 10,000 feet MSL.
Western section from Diamond Creek to
the Grant Wash Cliffs: 8,000 feet MSL.
(2) Proceed through the four flight cor-
ridors describe in Section 4 at the following altitudes unless otherwise authorized in writing by the responsible Flight Standards office:
Northbound
11,500 or
13,500 feet MSL
Southbound
>10,500 or
>12,500 feet MSL (b) Is authorized in writing by the respon-
sible Flight Standards office and is con-ducted in compliance with the conditions contained in that authorization. Normally authorization will be granted for operation in the areas described in Section 4 or below the altitudes listed in Section 5 only for op-erations of aircraft necessary for law en-forcement, firefighting, emergency medical
treatment/evacuation of persons in the vicin-ity of the Park; for support of Park mainte-nance or activities; or for aerial access to and maintenance of other property located within the Special Flight Rules Area. Au-thorization may be issued on a continuing basis.
(c)(1) Prior to November 1, 1988, is con-
ducted in accordance with a specific author-ization to operate in that airspace incor-porated in the operator’s part 135 operations specifications in accordance with the provi-sions of SFAR 50–1, notwithstanding the pro-visions of Sections 4 and 5; and
(2) On or after November 1, 1988, is con-
ducted in accordance with a specific author-ization to operate in that airspace incor-porated in the operated in the operator’s op-erations specifications and approved by the responsible Flight Standards office in ac-cordance with the provisions of SFAR 50–2.
(d) Is a search and rescue mission directed
by the U.S. Air Force Rescue Coordination Center.
(e) Is conducted within 3 nautical miles of
Whitmore Airstrip, Pearce Ferry Airstrip, North Rim Airstrip, Cliff Dwellers Airstrip, or Marble Canyon Airstrip at an altitudes less than 3,000 feet above airport elevation, for the purpose of landing at or taking off from that facility. Or
(f) Is conducted under an IFR clearance
and the pilot is acting in accordance with ATC instructions. An IFR flight plan may not be filed on a route or at an altitude that would require operation in an area described in Section 4.
Section 4. Flight-free zones. Except in an
emergency or if otherwise necessary for safe-ty of flight, or unless otherwise authorized
by the responsible Flight Standards office for a purpose listed in Section 3(b), no person may operate an aircraft in the Special Flight Rules Area within the following areas:
(a) Desert View Flight-Free Zone. Within
an area bounded by a line beginning at Lat. 35°59′30″ N., Long. 111 °46′20″ W. to 35 °59′30″ N.,
Long. 111 °52′45″ W.; to Lat. 36 °04′50″ N., Long.
111°52′00″ W.; to Lat. 36 °06′00″ N., Long.
111°46′20″ W.; to the point of origin; but not
including the airspace at and above 10,500 feet MSL within 1 mile of the western bound-ary of the zone. The area between the Desert View and Bright Angel Flight-Free Zones is designated the ‘‘Zuni Point Corridor.’’
(b) Bright Angel Flight-Free Zone. Within
an area bounded by a line beginning at Lat. 35°59′30″ N., Long. 111
°55′30″ W.; to Lat.
35°59′30″ N., Long. 112 °04′00″ W.; thence coun-
terclockwise via the 5 statute mile radius of the Grand Canyon Airport point (Lat. 35°57′09″ N., Long. 112 °08′47″ W.) to Lat.
36°01′30″ N., Long. 112 °11′00″ W.; to Lat.
36°06′15″ N., Long. 112 °12′50″ W.; to Lat.
36°14′40″ N., Long. 112 °08′50″ W.; to Lat.
36°14′40″ N., Long. 111 °57′30″ W.; to Lat.
690 14 CFR Ch. I (1–1–25 Edition) Pt. 91, SFAR No. 60
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 Cor-ridor.’’
(c) Shinumo Flight-Free Zone. Within an
area bounded by a line beginning at Lat.
36°04′00″ N., Long. 112 °16′40″ W.; northwest
along the park boundary to a point at Lat. 36°12′47″ N., Long. 112 °30′53″ W.; to Lat.
36°21′15″ N., Long. 112 °20′20″ W.; east along the
park boundary to Lat. 36 °21′15″ N., Long.
112°13′55″ W.; to Lat. 36 °14′40″ N., Long.
112°11′25″ W.; to the point of origin. The area
between the Thunder River/Toroweap and Shinumo Flight Free Zones is designated the ‘‘Fossil Canyon Corridor.’’
(d) Toroweap/Thunder River Flight-Free
Zone. Within an area bounded by a line be-ginning at Lat. 36 °22′45″ N., Long. 112 °20′
35″
W.; thence northwest along the boundary of the Grand Canyon National Park to Lat. 36°17′48″ N., Long. 113 °03′15″ W.; to Lat.
36°15′00″ N., Long. 113 °07′10″ W.; to Lat.
36°10′30″ N., Long. 113 °07′10″ W.; thence east
along the Colorado River to the confluence of Havasu Canyon (Lat. 36 °18′40″ N., Long.
112°45′45″ W.;) including that area within a 1.5
nautical mile radius of Toroweap Overlook (Lat. 36 °12′45″ N., Long. 113 °03′30″ W.); to the
point of origin; but not including the fol-lowing airspace designated as the ‘‘Tuckup Corridor’’: at or above 10,500 feet MSL within 2 nautical miles either side of a line extend-ing between Lat. 36 °24′47″ N., Long. 112 °48′50″
W. and Lat. 36 °17′10″ N., Long. 112 °48′50″ W.; to
the point of origin.
Section 5. Minimum flight altitudes. Except
in an emergency or if otherwise necessary for safety of flight, or unless otherwise au-thorized by the responsible Flight Standards office for a purpose listed in Section 3(b), no person may operate an aircraft in the Spe-cial Flight Rules Area at an altitude lower than the following:
(a) Eastern section from Lees Ferry to
North Canyon: 5,000 feet MSL.
(b) Eastern section from North Canyon to
Boundary Ridge: 6,000 feet MSL.
(c) Boundary Ridge to Supai (Yumtheska)
Point: 7,500 feet MSL.
(d) Supai Point to Diamond Creek: 6,500
feet MSL.
(e) Western section from Diamond Creek to
the Grand Wash Cliffs: 5,000 feet MSL.
Section 9. Termination date. Section 1. Ap-
plicability, Section 4, Flight-free zones, and Section 5. Minimum flight altitudes, expire on April 19, 2001. N
OTE: [Removed]
[66 FR 1003, Jan. 4, 2001, as amended at 66 FR
16584, Mar. 26, 2001; 72 FR 9846, Mar. 6, 2007; Docket FAA–2018–0119, Amdt. 91–350, 83 FR 9171, Mar. 5, 2018]
SPECIAL FEDERAL AVIATION REGULATION
NO. 60—A IRTRAFFIC CONTROL SYS-
TEMEMERGENCY OPERATION
1. Each person shall, before conducting any
operation under the Federal Aviation Regu-lations (14 CFR chapter I), be familiar with all available information concerning that op-eration, including Notices to Airmen issued under §91.139 and, when activated, the provi-sions of the National Air Traffic Reduced Complement Operations Plan available for inspection at operating air traffic facilities and Regional air traffic division offices, and the General Aviation Reservation Program. No operator may change the designated air-port of intended operation for any flight con-tained in the October 1, 1990, OAG.
2. Notwithstanding any provision of the
Federal Aviation Regulations to the con-trary, no person may operate an aircraft in the Air Traffic Control System:
a. Contrary to any restriction, prohibition,
procedure or other action taken by the Di-rector of the Office of Air Traffic Systems Management (Director) pursuant to para-graph 3 of this regulation and announced in a Notice to Airmen pursuant to §91.139 of the Federal Aviation Regulations.
b. When the National Air Traffic Reduced
Complement Operations Plan is activated pursuant to paragraph 4 of this regulation, except in accordance with the pertinent pro-visions of the National Air Traffic Reduced Complement Operations Plan.
3. Prior to or in connection with the imple-
mentation of the RCOP, and as conditions warrant, the Director is authorized to:
a. Restrict, prohibit, or permit VFR and/or
IFR operations at any airport, Class B air-space area, Class C airspace area, or other class of controlled airspace.
b. Give priority at any airport to flights
that are of military necessity, or are medical emergency flights, Presidential flights, and flights transporting critical Government em-ployees.
c. Implement, at any airport, traffic man-
agement procedures, that may include reduc-tion of flight operations. Reduction of flight operations will be accomplished, to the ex-tent practical, on a pro rata basis among and between air carrier, commercial operator, and general aviation operations. Flights can-celled under this SFAR at a high density traffic airport will be considered to have been operated for purposes of part 93 of the Federal Aviation Regulations.
4. The Director may activate the National
Air Traffic Reduced Complement Operations
691 Federal Aviation Administration, DOT Pt. 91, SFAR No. 97
Plan at any time he finds that it is necessary
for the safety and efficiency of the National Airspace System. Upon activation of the RCOP and notwithstanding any provision of the FAR to the contrary, the Director is au-thorized to suspend or modify any airspace designation.
5. Notice of restrictions, prohibitions, pro-
cedures and other actions taken by the Di-rector under this regulation with respect to the operation of the Air Traffic Control sys-tem will be announced in Notices to Airmen issued pursuant to §91.139 of the Federal Aviation Regulations.
6. The Director may delegate his authority
under this regulation to the extent he con-siders necessary for the safe and efficient op-eration of the National Air Traffic Control System.
(Authority: 49 U.S.C. app. 1301(7), 1303, 1344,
1348, 1352 through 1355, 1401, 1421 through 1431, 1471, 1472, 1502, 1510, 1522, and 2121 through 2125; articles 12, 29, 31, and 32(a) of the Convention on International Civil Avia-tion (61 stat. 1180); 42 U.S.C. 4321 et seq.; E.O.
11514, 35 FR 4247, 3 CFR, 1966–1970 Comp., p. 902; 49 U.S.C. 106(g))
[Docket 26351, 55 FR 40760, Oct. 4, 1990, as
amended by Amdt. 91–227, 56 FR 65652, Dec. 17, 1991]
SPECIAL FEDERAL AVIATION REGULATION
NO. 97—S PECIAL OPERATING RULES
FOR THE CONDUCT OF INSTRUMENT
FLIGHT RULES (IFR) A REANAVIGA -
TION (RNAV) O PERATIONS USING
GLOBAL POSITIONING SYSTEMS
(GPS) INALASKA
Those persons identified in Section 1 may
conduct IFR en route RNAV operations in the State of Alaska and its airspace on pub-lished air traffic routes using TSO C145a/ C146a navigation systems as the only means of IFR navigation. Despite contrary provi-sions of parts 71, 91, 95, 121, 125, and 135 of this chapter, a person may operate aircraft in accordance with this SFAR if the fol-lowing requirements are met.
Section 1. Purpose, use, and limitations
a. This SFAR permits TSO C145a/C146a
GPS (RNAV) systems to be used for IFR en route operations in the United States air-space over and near Alaska (as set forth in paragraph c of this section) at Special Min-imum En Route Altitudes (MEA) that are outside the operational service volume of ground-based navigation aids, if the aircraft operation also meets the requirements of sections 3 and 4 of this SFAR.
b. Certificate holders and part 91 operators
may operate aircraft under this SFAR pro-vided that they comply with the require-ments of this SFAR. c. Operations conducted under this SFAR
are limited to United States Airspace within and near the State of Alaska as defined in the following area description:
From 62 °00′00.000 ″ N, Long. 141 °00′00.00 ″ W.;
to Lat. 59 °47′54.11 ″ N., Long. 135 °28′38.34 ″ W.;
to Lat. 56 °00′04.11 ″ N., Long. 130 °00′07.80 ″ W.;
to Lat. 54 °43′00.00 ″ N., Long. 130 °37′00.00 ″ W.;
to Lat. 51 °24′00.00 ″ N., Long. 167 °49′00.00 ″ W.;
to Lat. 50 °08′00.00 ″ N., Long. 176 °34′00.00 ″ W.;
to Lat. 45 °42′00.00 ″ N., Long. ¥162°55′00.00
″ E.;
to Lat. 50 °05′00.00 ″ N., Long. ¥159°00′00.00 ″ E.;
to Lat. 54 °00′00.00 ″ N., Long. ¥169°00′00.00 ″ E.;
to Lat. 60 °00 00.00 ″ N., Long. ¥180°00′ 00.00 ″ E;
to Lat. 65 °00′00.00 ″ N., Long. 168 °58′23.00 ″ W.;
to Lat. 90 °00′00.00 ″ N., Long. 00 °00′0.00″ W.; to
Lat. 62 °00′00.000 ″ N, Long. 141 °00′00.00 ″ W.
(d) No person may operate an aircraft
under IFR during the en route portion of flight below the standard MEA or at the spe-cial MEA unless the operation is conducted in accordance with sections 3 and 4 of this SFAR.
Section 2. Definitions and abbreviations
For the purposes of this SFAR, the fol-
lowing definitions and abbreviations apply.
Area navigation (RNAV). RNAV is a method
of navigation that permits aircraft oper-ations on any desired flight path.
Area navigation (RNAV) route. RNAV route
is a published route based on RNAV that can be used by suitably equipped aircraft.
Certificate holder. A certificate holder
means a person holding a certificate issued under part 119 or part 125 of this chapter or holding operations specifications issued under part 129 of this chapter.
Global Navigation Satellite System (GNSS).
GNSS is a world-wide position and time de-
termination system that uses satellite rang-ing signals to determine user location. It en-compasses all satellite ranging technologies, including GPS and additional satellites. Components of the GNSS include GPS, the Global Orbiting Navigation Satellite Sys-tem, and WAAS satellites.
Global Positioning System (GPS). GPS is a
satellite-based radio navigational, posi-tioning, and time transfer system. The sys-tem provides highly accurate position and velocity information and precise time on a continuous global basis to properly equipped users.
Minimum crossing altitude (MCA). The min-
imum crossing altitude (MCA) applies to the operation of an aircraft proceeding to a high-er minimum en route altitude when crossing
specified fixes.
Required navigation system. Required navi-
gation system means navigation equipment that meets the performance requirements of TSO C145a/C146a navigation systems certified for IFR en route operations.
Route segment. Route segment is a portion
of a route bounded on each end by a fix or NAVAID.
692 14 CFR Ch. I (1–1–25 Edition) Pt. 91, SFAR No. 104
Special MEA. Special MEA refers to the
minimum en route altitudes, using required navigation systems, on published routes out-side the operational service volume of ground-based navigation aids and are de-picted on the published Low Altitude and High Altitude En Route Charts using the color blue and with the suffix ‘‘G.’’ For ex-ample, a GPS MEA of 4000 feet MSL would be depicted using the color blue, as 4000G.
Standard MEA. Standard MEA refers to the
minimum en route IFR altitude on published routes that uses ground-based navigation aids and are depicted on the published Low Altitude and High Altitude En Route Charts using the color black.
Station referenced. Station referenced refers
to radio navigational aids or fixes that are referenced by ground based navigation facili-ties such as VOR facilities.
Wide Area Augmentation System (WAAS).
WAAS is an augmentation to GPS that cal-culates GPS integrity and correction data on the ground and uses geo-stationary satellites to broadcast GPS integrity and correction data to GPS/WAAS users and to provide ranging signals. It is a safety critical system consisting of a ground network of reference and integrity monitor data processing sites to assess current GPS performance, as well as a space segment that broadcasts that as-sessment to GNSS users to support en route through precision approach navigation. Users of the system include all aircraft ap-plying the WAAS data and ranging signal.
Section 3. Operational Requirements
To operate an aircraft under this SFAR,
the following requirements must be met:
a. Training and qualification for oper-
ations and maintenance personnel on re-quired navigation equipment used under this SFAR.
b. Use authorized procedures for normal,
abnormal, and emergency situations unique to these operations, including degraded navi-gation capabilities, and satellite system out-ages.
c. For certificate holders, training of flight
crewmembers and other personnel authorized to exercise operational control on the use of those procedures specified in paragraph b of this section.
d. Part 129 operators must have approval
from the State of the operator to conduct op-erations in accordance with this SFAR.
e. In order to operate under this SFAR, a
certificate holder must be authorized in op-erations specifications.
Section 4. Equipment Requirements
a. The certificate holder must have prop-
erly installed, certificated, and functional dual required navigation systems as defined in section 2 of this SFAR for the en route op-erations covered under this SFAR. b. When the aircraft is being operated
under part 91, the aircraft must be equipped with at least one properly installed, certifi-cated, and functional required navigation system as defined in section 2 of this SFAR for the en route operations covered under this SFAR.
Section 5. Expiration date
This Special Federal Aviation Regulation
will remain in effect until rescinded.
[Docket FAA–2003–14305, 68 FR 14077, Mar. 21,
2003]
SPECIAL FEDERAL AVIATION REGULATION
NO. 104—P ROHIBITION AGAINST CER-
TAIN FLIGHTS BY SYRIAN AIRCAR-
RIERS TO THE UNITED STATES
1. Applicability. This Special Federal Avia-
tion Regulation (SFAR) No. 104 applies to any air carrier owned or controlled by Syria that is engaged in scheduled international air services.
2. Special flight restrictions. Except as pro-
vided in paragraphs 3 and 4 of this SFAR No. 104, no air carrier described in paragraph 1 may take off from or land in the territory of the United States.
3. Permitted operations. This SFAR does not
prohibit overflights of the territory of the United States by any air carrier described in paragraph 1.
4. Emergency situations. In an emergency
that requires immediate decision and action for the safety of the flight, the pilot in com-mand of an aircraft of any air carrier de-scribed in paragraph 1 may deviate from this SFAR to the extent required by that emer-gency. Each person who deviates from this rule must, within 10 days of the deviation, excluding Saturdays, Sundays, and Federal holidays, submit to the responsible Flight Standards office a complete report of the op-erations or the aircraft involved in the devi-ation, including a description of the devi-ation and the reasons therefor.
5. Duration. This SFAR No. 104 will remain
in effect until further notice.
[Docket FAA–2004–17763, 69 FR 31719, June 4,
2004, as amended by Docket FAA–2018–0119, Amdt. 91–350, 83 FR 9171, Mar. 5, 2018]
Subpart A—General
SOURCE : Docket 18334, 54 FR 34292, Aug. 18,
1989, unless otherwise noted.
§ 91.1 Applicability.
(a) Except as provided in paragraphs
(b), (c), (e), and (f) of this section and §§91.701 and 91.703, this part prescribes
693 Federal Aviation Administration, DOT § 91.9
rules governing the operation of air-
craft within the United States, includ-ing the waters within 3 nautical miles of the U.S. coast.
(b) Each person operating an aircraft
in the airspace overlying the waters be-tween 3 and 12 nautical miles from the coast of the United States must com-ply with §§91.1 through 91.21; §§91.101 through 91.143; §§91.151 through 91.159; §§91.167 through 91.193; §91.203; §91.205; §§91.209 through 91.217; §91.221, §91.225; §§91.303 through 91.319; §§91.323 through 91.327; §91.605; §91.609; §§91.703 through 91.715; and §91.903.
(c) This part applies to each person
on board an aircraft being operated under this part, unless otherwise speci-fied.
(d) This part also establishes require-
ments for operators to take actions to support the continued airworthiness of each airplane.
(e) This part does not apply to any
aircraft or vehicle governed by part 103 of this chapter, or subparts B, C, or D of part 101 of this chapter.
(f) Except as provided in §§107.13,
107.27, 107.47, 107.57, and 107.59 of this chapter, this part does not apply to any aircraft governed by part 107 of this chapter.
[Docket 18334, 54 FR 34292, Aug. 18, 1989, as
amended by Amdt. 91–257, 64 FR 1079, Jan. 7, 1999; Amdt. 91–282, 69 FR 44880, July 27, 2004; Amdt. 91–297, 72 FR 63410, Nov. 8, 2007; Amdt. 91–314, 75 FR 30193, May 28, 2010; Docket FAA–2015–0150, Amdt. 91–343, 81 FR 42208, June 28, 2016]
E
FFECTIVE DATE NOTE: Amendments to
§91.1 were published by Docket FAA–2023– 1275, Amdt. 60–8, 89 FR 92485, Nov. 21, 2024, ef-fective Jan. 21, 2025.
§ 91.3 Responsibility and authority of
the pilot in command.
(a) The pilot in command of an air-
craft is directly responsible for, and is the final authority as to, the operation of that aircraft.
(b) In an in-flight emergency requir-
ing immediate action, the pilot in com-mand may deviate from any rule of this part to the extent required to meet that emergency.
(c) Each pilot in command who devi-
ates from a rule under paragraph (b) of this section shall, upon the request of the Administrator, send a written re-port of that deviation to the Adminis-
trator.
(Approved by the Office of Management and
Budget under control number 2120–0005)
§ 91.5 Pilot in command of aircraft re-
quiring more than one required pilot.
No person may operate an aircraft
that is type certificated for more than one required pilot flight crewmember unless the pilot in command meets the requirements of §61.58 of this chapter.
§ 91.7 Civil aircraft airworthiness.
(a) No person may operate a civil air-
craft unless it is in an airworthy condi-tion.
(b) The pilot in command of a civil
aircraft is responsible for determining whether that aircraft is in condition for safe flight. The pilot in command shall discontinue the flight when un-airworthy mechanical, electrical, or structural conditions occur.
§ 91.9 Civil aircraft flight manual,
marking, and placard requirements.
(a) Except as provided in paragraph
(d) of this section, no person may oper-ate a civil aircraft without complying with the operating limitations speci-fied in the approved Airplane or Rotor-craft Flight Manual, markings, and placards, or as otherwise prescribed by the certificating authority of the coun-try of registry.
(b) No person may operate a U.S.-reg-
istered civil aircraft—
(1) For which an Airplane or Rotor-
craft Flight Manual is required by §21.5 of this chapter unless there is available in the aircraft a current, approved Air-plane or Rotorcraft Flight Manual or the manual provided for in §121.141(b); and
(2) For which an Airplane or Rotor-
craft Flight Manual is not required by §21.5 of this chapter, unless there is available in the aircraft a current ap-proved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any com-bination thereof.
(c) No person may operate a U.S.-reg-
istered civil aircraft unless that air-craft is identified in accordance with part 45 or 48of this chapter.
694 14 CFR Ch. I (1–1–25 Edition) § 91.11
(d) Any person taking off or landing
a helicopter certificated under part 29 of this chapter at a heliport con-structed over water may make such momentary flight as is necessary for takeoff or landing through the prohib-ited range of the limiting height-speed envelope established for the helicopter if that flight through the prohibited range takes place over water on which a safe ditching can be accomplished and if the helicopter is amphibious or is equipped with floats or other emer-gency flotation gear adequate to ac-complish a safe emergency ditching on open water.
[Docket 18334, 54 FR 34292, Aug. 18, 1989, as
amended by Docket FAA–2022–1355, Amdt. 91– 366, 87 FR 75846, Dec. 9, 2022]
§ 91.11 Prohibition on interference
with crewmembers.
No person may assault, threaten, in-
timidate, or interfere with a crew-member in the performance of the crewmember’s duties aboard an air-craft being operated.
§ 91.13 Careless or reckless operation.
(a) Aircraft operations for the purpose
of air navigation. No person may oper-
ate an aircraft in a careless or reckless manner so as to endanger the life or property of another.
(b) Aircraft operations other than for
the purpose of air navigation. No person
may operate an aircraft, other than for the purpose of air navigation, on any part of the surface of an airport used by aircraft for air commerce (including areas used by those aircraft for receiv-ing or discharging persons or cargo), in a careless or reckless manner so as to
endanger the life or property of an-other.
§ 91.15 Dropping objects.
No pilot in command of a civil air-
craft may allow any object to be dropped from that aircraft in flight that creates a hazard to persons or property. However, this section does not prohibit the dropping of any object if reasonable precautions are taken to avoid injury or damage to persons or property. § 91.17 Alcohol or drugs.
(a) No person may act or attempt to
act as a crewmember of a civil air-craft—
(1) Within 8 hours after the consump-
tion of any alcoholic beverage;
(2) While under the influence of alco-
hol;
(3) While using any drug that affects
the person’s faculties in any way con-trary to safety; or
(4) While having an alcohol con-
centration of 0.04 or greater in a blood or breath specimen. Alcohol concentra-tion means grams of alcohol per deci-liter of blood or grams of alcohol per 210 liters of breath.
(b) Except in an emergency, no pilot
of a civil aircraft may allow a person who appears to be intoxicated or who demonstrates by manner or physical indications that the individual is under the influence of drugs (except a med-
ical patient under proper care) to be carried in that aircraft.
(c) A crewmember shall do the fol-
lowing:
(1) On request of a law enforcement
officer, submit to a test to indicate the alcohol concentration in the blood or breath, when—
(i) The law enforcement officer is au-
thorized under State or local law to conduct the test or to have the test conducted; and
(ii) The law enforcement officer is re-
questing submission to the test to in-vestigate a suspected violation of State or local law governing the same or sub-stantially similar conduct prohibited by paragraph (a)(1), (a)(2), or (a)(4) of this section.
(2) Whenever the FAA has a reason-
able basis to believe that a person may have violated paragraph (a)(1), (a)(2), or (a)(4) of this section, on request of the FAA, that person must furnish to the FAA the results, or authorize any clin-ic, hospital, or doctor, or other person to release to the FAA, the results of each test taken within 4 hours after acting or attempting to act as a crew-member that indicates an alcohol con-centration in the blood or breath speci-men.
(d) Whenever the Administrator has a
reasonable basis to believe that a per-son may have violated paragraph (a)(3) of this section, that person shall, upon
695 Federal Aviation Administration, DOT § 91.23
request by the Administrator, furnish
the Administrator, or authorize any clinic, hospital, doctor, or other person to release to the Administrator, the re-sults of each test taken within 4 hours after acting or attempting to act as a crewmember that indicates the pres-ence of any drugs in the body.
(e) Any test information obtained by
the Administrator under paragraph (c) or (d) of this section may be evaluated in determining a person’s qualifica-tions for any airman certificate or pos-sible violations of this chapter and may be used as evidence in any legal proceeding under section 602, 609, or 901 of the Federal Aviation Act of 1958.
[Docket 18334, 54 FR 34292, Aug. 18, 1989, as
amended by Amdt. 91–291, June 21, 2006]
§ 91.19 Carriage of narcotic drugs,
marihuana, and depressant or stim-ulant drugs or substances.
(a) Except as provided in paragraph
(b) of this section, no person may oper-ate a civil aircraft within the United States with knowledge that narcotic drugs, marihuana, and depressant or stimulant drugs or substances as de-fined in Federal or State statutes are carried in the aircraft.
(b) Paragraph (a) of this section does
not apply to any carriage of narcotic drugs, marihuana, and depressant or stimulant drugs or substances author-ized by or under any Federal or State statute or by any Federal or State agency.
§ 91.21 Portable electronic devices.
(a) Except as provided in paragraph
(b) of this section, no person may oper-ate, nor may any operator or pilot in command of an aircraft allow the oper-ation of, any portable electronic device on any of the following U.S.-registered civil aircraft:
(1) Aircraft operated by a holder of
an air carrier operating certificate or an operating certificate; or
(2) Any other aircraft while it is op-
erated under IFR.
(b) Paragraph (a) of this section does
not apply to—
(1) Portable voice recorders; (2) Hearing aids; (3) Heart pacemakers; (4) Electric shavers; or (5) Any other portable electronic de-
vice that the operator of the aircraft has determined will not cause inter-
ference with the navigation or commu-nication system of the aircraft on which it is to be used.
(c) In the case of an aircraft operated
by a holder of an air carrier operating certificate or an operating certificate, the determination required by para-graph (b)(5) of this section shall be made by that operator of the aircraft on which the particular device is to be used. In the case of other aircraft, the determination may be made by the pilot in command or other operator of the aircraft.
§ 91.23 Truth-in-leasing clause require-
ment in leases and conditional sales contracts.
(a) Except as provided in paragraph
(b) of this section, the parties to a lease or contract of conditional sale in-volving a U.S.-registered large civil aircraft and entered into after January 2, 1973, shall execute a written lease or contract and include therein a written truth-in-leasing clause as a concluding paragraph in large print, immediately preceding the space for the signature of the parties, which contains the fol-lowing with respect to each such air-craft:
(1) Identification of the Federal Avia-
tion Regulations under which the air-craft has been maintained and in-spected during the 12 months preceding the execution of the lease or contract of conditional sale, and certification by the parties thereto regarding the air-craft’s status of compliance with appli-cable maintenance and inspection re-quirements in this part for the oper-ation to be conducted under the lease or contract of conditional sale.
(2) The name and address (printed or
typed) and the signature of the person responsible for operational control of the aircraft under the lease or contract of conditional sale, and certification that each person understands that per-son’s responsibilities for compliance with applicable Federal Aviation Regu-lations.
(3) A statement that an explanation
of factors bearing on operational con-trol and pertinent Federal Aviation
696 14 CFR Ch. I (1–1–25 Edition) § 91.25
Regulations can be obtained from the
responsible Flight Standards office.
(b) The requirements of paragraph (a)
of this section do not apply—
(1) To a lease or contract of condi-
tional sale when—
(i) The party to whom the aircraft is
furnished is a foreign air carrier or cer-tificate holder under part 121, 125, 135, or 141 of this chapter, or
(ii) The party furnishing the aircraft
is a foreign air carrier or a person oper-ating under part 121, 125, and 141 of this chapter, or a person operating under part 135 of this chapter having author-ity to engage in on-demand operations with large aircraft.
(2) To a contract of conditional sale,
when the aircraft involved has not been registered anywhere prior to the execu-tion of the contract, except as a new aircraft under a dealer’s aircraft reg-istration certificate issued in accord-ance with §47.61 of this chapter.
(c) No person may operate a large
civil aircraft of U.S. registry that is subject to a lease or contract of condi-tional sale to which paragraph (a) of this section applies, unless—
(1) The lessee or conditional buyer, or
the registered owner if the lessee is not a citizen of the United States, has mailed a copy of the lease or contract that complies with the requirements of paragraph (a) of this section, within 24 hours of its execution, to the Aircraft Registration Branch, Attn: Technical Section, P.O. Box 25724, Oklahoma City, OK 73125;
(2) A copy of the lease or contract
that complies with the requirements of paragraph (a) of this section is carried in the aircraft. The copy of the lease or contract shall be made available for re-view upon request by the Adminis-trator, and
(3) The lessee or conditional buyer, or
the registered owner if the lessee is not a citizen of the United States, has noti-fied by telephone or in person the re-sponsible Flight Standards office. Un-less otherwise authorized by that of-fice, the notification shall be given at least 48 hours before takeoff in the case of the first flight of that aircraft under that lease or contract and inform the FAA of—
(i) The location of the airport of de-
parture; (ii) The departure time; and
(iii) The registration number of the
aircraft involved.
(d) The copy of the lease or contract
furnished to the FAA under paragraph (c) of this section is commercial or fi-nancial information obtained from a person. It is, therefore, privileged and confidential and will not be made available by the FAA for public inspec-tion or copying under 5 U.S.C. 552(b)(4) unless recorded with the FAA under part 49 of this chapter.
(e) For the purpose of this section, a
lease means any agreement by a person to furnish an aircraft to another person for compensation or hire, whether with or without flight crewmembers, other than an agreement for the sale of an aircraft and a contract of conditional sale under section 101 of the Federal Aviation Act of 1958. The person fur-nishing the aircraft is referred to as the lessor, and the person to whom it is furnished the lessee.
(Approved by the Office of Management and
Budget under control number 2120–0005)
[Docket 18334, 54 FR 34292, Aug. 18, 1989, as
amended by Amdt. 91–212, 54 FR 39293, Sept. 25, 1989; Amdt. 91–253, 62 FR 13253, Mar. 19, 1997; Amdt. 91–267, 66 FR 21066, Apr. 27, 2001; Docket FAA–2018–0119, Amdt. 91–350, 83 FR 9171, Mar. 5, 2018]
§ 91.25 Aviation Safety Reporting Pro-
gram: Prohibition against use of re-ports for enforcement purposes.
The Administrator of the FAA will
not use reports submitted to the Na-tional Aeronautics and Space Adminis-tration under the Aviation Safety Re-porting Program (or information de-rived therefrom) in any enforcement action except information concerning accidents or criminal offenses which are wholly excluded from the Program.
§§ 91.27–91.99 [Reserved]
Subpart B—Flight Rules
SOURCE : Docket 18334, 54 FR 34294, Aug. 18,
1989, unless otherwise noted.
GENERAL
§ 91.101 Applicability.
This subpart prescribes flight rules
governing the operation of aircraft
697 Federal Aviation Administration, DOT § 91.107
within the United States and within 12
nautical miles from the coast of the United States.
§ 91.103 Preflight action.
Each pilot in command shall, before
beginning a flight, become familiar with all available information con-cerning that flight. This information must include—
(a) For a flight under IFR or a flight
not in the vicinity of an airport, weather reports and forecasts, fuel re-quirements, alternatives available if the planned flight cannot be com-pleted, and any known traffic delays of which the pilot in command has been advised by ATC;
(b) For any flight, runway lengths at
airports of intended use, and the fol-lowing takeoff and landing distance in-formation:
(1) For civil aircraft for which an ap-
proved Airplane or Rotorcraft Flight Manual containing takeoff and landing distance data is required, the takeoff and landing distance data contained therein; and
(2) For civil aircraft other than those
specified in paragraph (b)(1) of this sec-tion, other reliable information appro-priate to the aircraft, relating to air-craft performance under expected val-ues of airport elevation and runway slope, aircraft gross weight, and wind and temperature.
§ 91.105 Flight crewmembers at sta-
tions.
(a) During takeoff and landing, and
while en route, each required flight crewmember shall—
(1) Be at the crewmember station un-
less the absence is necessary to per-form duties in connection with the op-eration of the aircraft or in connection with physiological needs; and
(2) Keep the safety belt fastened
while at the crewmember station.
(b) Each required flight crewmember
of a U.S.-registered civil aircraft shall, during takeoff and landing, keep his or her shoulder harness fastened while at his or her assigned duty station. This paragraph does not apply if—
(1) The seat at the crewmember’s sta-
tion is not equipped with a shoulder harness; or (2) The crewmember would be unable
to perform required duties with the shoulder harness fastened.
[Docket 18334, 54 FR 34294, Aug. 18, 1989, as
amended by Amdt. 91–231, 57 FR 42671, Sept. 15, 1992]
§ 91.107 Use of safety belts, shoulder
harnesses, and child restraint sys-tems.
(a) Unless otherwise authorized by
the Administrator—
(1) No pilot may take off a U.S.-reg-
istered civil aircraft (except a free bal-loon that incorporates a basket or gon-dola, or an airship type certificated be-fore November 2, 1987) unless the pilot in command of that aircraft ensures that each person on board is briefed on how to fasten and unfasten that per-son’s safety belt and, if installed, shoulder harness.
(2) No pilot may cause to be moved
on the surface, take off, or land a U.S.- registered civil aircraft (except a free balloon that incorporates a basket or gondola, or an airship type certificated before November 2, 1987) unless the pilot in command of that aircraft en-sures that each person on board has been notified to fasten his or her safety belt and, if installed, his or her shoul-der harness.
(3) Except as provided in this para-
graph, each person on board a U.S.-reg-istered civil aircraft (except a free bal-loon that incorporates a basket or gon-dola or an airship type certificated be-fore November 2, 1987) must occupy an approved seat or berth with a safety belt and, if installed, shoulder harness, properly secured about him or her dur-ing movement on the surface, takeoff, and landing. For seaplane and float equipped rotorcraft operations during movement on the surface, the person pushing off the seaplane or rotorcraft from the dock and the person mooring the seaplane or rotorcraft at the dock are excepted from the preceding seat-ing and safety belt requirements. Not-withstanding the preceding require-ments of this paragraph, a person may:
(i) Be held by an adult, except as out-
lined in §91.108(j), 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;
698 14 CFR Ch. I (1–1–25 Edition) § 91.108
(ii) Use the floor of the aircraft as a
seat, provided that the person is on board for the purpose of engaging in sport parachuting; or
(iii) Notwithstanding any other re-
quirement of this chapter, occupy an approved child restraint system fur-nished by the operator or one of the persons described in paragraph (a)(3)(iii)(A) of this section provided that:
(A) The child is accompanied by a
parent, guardian, or attendant des-ignated by the child’s parent or guard-ian to attend to the safety of the child during the flight;
(B) Except as provided in paragraph
(a)(3)(iii)(B)( 4) of this action, the ap-
proved child restraint system bears one or more labels as follows:
(1) Seats manufactured to U.S. stand-
ards between January 1, 1981, and Feb-ruary 25, 1985, must bear the label: ‘‘This child restraint system conforms to all applicable Federal motor vehicle safety standards’’;
(2) Seats manufactured to U.S. stand-
ards on or after February 26, 1985, must bear two labels:
(i) ‘‘This child restraint system con-
forms to all applicable Federal motor vehicle safety standards’’; and
(ii) ‘‘THIS RESTRAINT IS CER-
TIFIED FOR USE IN MOTOR VEHI-CLES AND AIRCRAFT’’ in red let-tering;
(3) Seats that do not qualify under
paragraphs (a)(3)(iii)(B)( 1) and
(a)(3)(iii)(B)( 2) of this section must
bear a label or markings showing:
(ii) That the seat was manufactured
under the standards of the United Na-tions;
(iii) That the seat or child restraint
device furnished by the operator was approved by the FAA through Type Certificate or Supplemental Type Cer-tificate; or
(iv) That the seat or child restraint
device furnished by the operator, or one of the persons described in para-graph (a)(3)(iii)(A) of this section, was approved by the FAA in accordance with §21.8(d) of this chapter or Tech-nical Standard Order C–100b or a later version. The child restraint device manufactured by AmSafe, Inc. (CARES, Part No. 4082) and approved by the FAA in accordance with §21.305(d) (2010 ed.) of this chapter may
continue to bear a label or markings showing FAA approval in accordance with §21.305(d) (2010 ed.) of this chapter.
(4) Except as provided in
§91.107(a)(3)(iii)(B)( 3)(iii) and
§91.107(a)(3)(iii)(B)( 3)(iv), booster-type
child restraint systems (as defined in Federal Motor Vehicle Safety Standard No. 213 (49 CFR 571.213)), vest- and har-ness-type child restraint systems, and lap held child restraints are not ap-proved for use in aircraft; and
(C) The operator complies with the
following requirements:
(1) The restraint system must be
properly secured to an approved for-ward-facing seat or berth;
(2) The child must be properly se-
cured in the restraint system and must not exceed the specified weight limit for the restraint system; and
(3) The restraint system must bear
the appropriate label(s).
(b) Unless otherwise stated, this sec-
tion does not apply to operations con-ducted under part 121, 125, or 135 of this chapter. Paragraph (a)(3) of this sec-tion does not apply to persons subject to §91.105.
[Docket 26142, 57 FR 42671, Sept. 15, 1992, as
amended by Amdt. 91–250, 61 FR 28421, June 4, 1996; Amdt. 91–289, 70 FR 50906, Aug. 26, 2005; Amdt. 91–292, 71 FR 40009, July 14, 2006; Amdt. 91–317, 75 FR 48857, Aug. 12, 2010; Amdt. 91–332, 79 FR 28812, May 20, 2014; Dock-et FAA–2023–2250, Amdt. 91–376, 89 FR 67849, Aug. 22, 2024]
§ 91.108 Use of supplemental restraint
systems.
(a) Use of supplemental restraint sys-
tems. Except as provided in this sec-
tion, no person may conduct an oper-ation in a civil aircraft in which any individual on board is secured with a supplemental restraint system, as de-
fined in §1.1 of this chapter.
(b) Doors opened or removed flight oper-
ations. Except as provided under para-
graph (k) of this section:
(1) No person may operate a civil air-
craft with the doors opened or removed unless—
(i) Each individual on board occupies
an approved seat or berth with a safety belt and, if installed, shoulder harness, properly secured about the individual or an approved child restraint system properly secured to an approved seat or
699 Federal Aviation Administration, DOT § 91.108
berth with a safety belt and, if in-
stalled, shoulder harness in accordance with §91.107(a)(3)(iii) or §135.128(a)(2) of this chapter, during all phases of flight; or
(ii) Each individual on board— (A) Occupies an approved seat or
berth with a safety belt and, if in-stalled, shoulder harness, properly se-cured about the individual during movement on the surface, takeoff, and landing; and
(B) Is secured during the remainder
of the flight using a supplemental re-straint system in accordance with, and that meets the requirements of, this section.
(2) Prior to releasing an FAA-ap-
proved safety belt and, if installed, shoulder harness during an operation with the doors opened or removed, an individual must be properly secured by a supplemental restraint system that is connected to an FAA-approved air-frame attachment point. An individual cannot release their safety belt and, if installed, shoulder harness until the pilot in command authorizes them to do so.
(c) Supplemental restraint system design
requirements. Each supplemental re-
straint system must:
(1) Have a harness that secures
around the torso of the individual using the supplemental restraint sys-tem;
(2) Have a lanyard that connects the
harness to an FAA-approved airframe attachment point or points inside the aircraft and that ensures the torso of the individual using the supplemental restraint system remains inside the aircraft at all times;
(3) Not impede egress from the air-
craft in an emergency after being re-leased; and
(4) Have a release mechanism that— (i) Can be quickly operated by the in-
dividual using the supplemental re-straint system with minimal difficulty;
(ii) Is attached to the front or side of
the harness in a location easily acces-sible to and visible by the individual using the supplemental restraint sys-tem;
(iii) Prevents inadvertent release;
and
(iv) Can be released without the use
of a knife to cut the restraint, and without any additional tool or the as-
sistance of any other individual.
(d) Who may provide the supplemental
restraint system. The supplemental re-
straint system may be provided by the operator or by the individual using the supplemental restraint system. An op-erator or individual providing a supple-mental restraint system must:
(1) Confirm with the pilot in com-
mand, either verbally or in writing, as determined by the pilot in command, the system’s continued serviceability and readiness for its intended purpose; and
(2) Ensure the individual who will oc-
cupy the supplemental restraint sys-tem complies with the sizing criteria for which the system is rated.
(e) Supplemental restraint system oper-
ational requirements. The following are
supplemental restraint system oper-ational requirements:
(1) A qualified person designated by
the operator must—
(i) Connect the supplemental re-
straint system to an FAA-approved air-frame attachment point or points rated equal to or greater than the weight of the individual using the supplemental restraint system (or the combined weight if there is more than one sup-plemental restraint system attached to an attachment point);
(ii) Not connect the supplemental re-
straint system to any airframe attach-ment point located in the flightdeck; and
(iii) Not connect the supplemental
restraint system to any safety belt or shoulder harness attachment point(s) unless the attachment point is FAA- approved as described in paragraph (e)(1)(i) of this section.
(2) A supplemental restraint system
must fit the individual using it based on the sizing criteria for which the sup-plemental restraint system is rated.
(3) Nothing may attach to the supple-
mental restraint system that is not relevant to its function as defined under §1.1 of this chapter.
(f) Pilot in command. The pilot in com-
mand—
(1) Has the overall responsibility to
ensure that the supplemental restraint system meets the requirements of this section and must not permit an indi-vidual to use a supplemental restraint
700 14 CFR Ch. I (1–1–25 Edition) § 91.108
system that does not meet the require-
ments of this section;
(2) Must receive confirmation from
the operator or any individual pro-
viding the supplemental restraint sys-tem of the system’s continued service-ability and readiness for its intended purpose before each takeoff;
(3) May only permit an individual to
use a supplemental restraint system provided by the operator or the pilot in command if that individual complies with the sizing criteria for which the supplemental restraint system is rated;
(4) Has final authority regarding
whether the supplemental restraint system may be used during flight oper-ations; and
(5) Has final authority to authorize
an individual to release the FAA-ap-proved safety belt and, if installed, shoulder harness and remain secured only by the supplemental restraint sys-tem.
(g) Passenger briefing. Before each
takeoff, the pilot in command must en-sure that each passenger who intends to use a supplemental restraint system has been briefed on:
(1) How to use, secure, and release
the supplemental restraint system properly. This requirement is not nec-essary for an individual providing their own supplemental restraint system, but that individual must meet the pas-senger demonstration requirements in paragraph (h) of this section.
(2) Means of direct communication
between crewmembers and passengers during normal and emergency oper-ating procedures regarding—
(i) The use of headset and intercom
systems, if installed;
(ii) How passengers will be notified of
an event requiring action, including emergencies, egress procedures, and other unforeseen circumstances;
(iii) How each passenger will be noti-
fied when the passenger is permitted to release the FAA-approved safety belt and, if installed, shoulder harness, and move within the aircraft using the sup-plemental restraint system;
(iv) How each passenger will be noti-
fied when the passenger must return to their seat and secure the FAA-ap-proved safety belt and, if installed, shoulder harness; and (v) When and how to notify a crew-
member of safety concerns.
(h) Passenger demonstration. After the
briefing required by paragraph (g) of this section, prior to ground move-ment, any passenger intending to use a supplemental restraint system must demonstrate to the pilot in command, a crewmember, or other qualified per-son designated by the operator, the fol-lowing:
(1) The ability to use, secure, and re-
lease the FAA-approved safety belt and, if installed, shoulder harness, and
(2) The ability to accomplish all ac-
tions required for quick release of the supplemental restraint system without assistance and with minimal difficulty.
(i) Individuals not permitted to use sup-
plemental restraint systems. The fol-
lowing individuals are not permitted to use a supplemental restraint system, as defined in §1.1 of this chapter:
(1) Any passenger who cannot dem-
onstrate—
(i) That they are able to use, secure,
and release the FAA-approved safety belt and, if installed, shoulder harness; or
(ii) That they are able to release
quickly the supplemental restraint sys-tem with no assistance and with mini-mal difficulty.
(2) Any individual who is less than 15
years of age.
(3) Any individual seated in the
flightdeck.
(4) Any passenger who occupies or
uses an approved child restraint sys-tem.
(j) Lap-held child. Notwithstanding
any other requirement of this chapter, a child who has not reached their sec-ond birthday may not be held by an adult during civil aircraft operations when:
(1) The adult uses a supplemental re-
straint system; or
(2) The aircraft doors are opened or
removed.
(k) Excluded operations. Unless other-
wise stated:
(1) This section does not apply to op-
erations conducted under part 105 or 133 of this chapter and does not apply to the persons described in §91.107(a)(3)(ii) of this chapter.
701 Federal Aviation Administration, DOT § 91.109
(2) Operators subject to the require-
ments of paragraph (b)(1) of this sec-tion may operate an aircraft with doors opened or removed, notwith-standing any flight crewmembers on board who are subject to the require-ments of §§91.105 or 135.171 of this chap-ter and who need to unfasten their shoulder harnesses in accordance with those sections.
(3) Paragraph (b)(2) of this section
does not apply to any flight crew-members subject to §§91.105 or 135.171 of this chapter to the extent that the flight crewmembers need to unfasten their shoulder harnesses in accordance with those sections.
[Docket FAA–2023–2250, Amdt. 91–376, 89 FR
67849, Aug. 22, 2024]
§ 91.109 Flight instruction; Simulated
instrument flight and certain flight tests.
(a) No person may operate a civil air-
craft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully func-tioning dual controls. However, instru-ment flight instruction may be given in an airplane that is equipped with a single, functioning throwover control wheel that controls the elevator and ailerons, in place of fixed, dual con-trols, when—
(1) The instructor has determined
that the flight can be conducted safely; and
(2) The person manipulating the con-
trols has at least a private pilot certifi-cate with appropriate category and class ratings.
(b) An airplane equipped with a sin-
gle, functioning throwover control wheel that controls the elevator and ailerons, in place of fixed, dual controls may be used for flight instruction to conduct a flight review required by §61.56 of this chapter, or to obtain re-cent flight experience or an instrument proficiency check required by §61.57 when—
(1) The airplane is equipped with op-
erable rudder pedals at both pilot sta-tions;
(2) The pilot manipulating the con-
trols is qualified to serve and serves as pilot in command during the entire flight; (3) The instructor is current and
qualified to serve as pilot in command of the airplane, meets the requirements of §61.195(b), and has logged at least 25 hours of pilot-in-command flight time in the make and model of airplane; and
(4) The pilot in command and the in-
structor have determined the flight can be conducted safely.
(c) No person may operate a civil air-
craft in simulated instrument flight unless—
(1) The other control seat is occupied
by a safety pilot who possesses at least:
(i) A private pilot certificate with
category and class ratings appropriate to the aircraft being flown; or
(ii) For purposes of providing train-
ing for a solo cross-country endorse-ment under §61.93 of this chapter, a flight instructor certificate with an ap-propriate sport pilot rating and meets the requirements of §61.412 of this chapter.
(2) The safety pilot has adequate vi-
sion forward and to each side of the aircraft, or a competent observer in the aircraft adequately supplements the vi-sion of the safety pilot; and
(3) Except in the case of lighter-than-
air aircraft, that aircraft is equipped with fully functioning dual controls. However, simulated instrument flight may be conducted in a single-engine airplane, equipped with a single, func-tioning, throwover control wheel, in place of fixed, dual controls of the ele-vator and ailerons, when—
(i) The safety pilot has determined
that the flight can be conducted safely; and
(ii) The person manipulating the con-
trols has at least a private pilot certifi-cate with appropriate category and class ratings.
(d) No person may operate a civil air-
craft that is being used for a flight test for an airline transport pilot certifi-cate or a class or type rating on that certificate, or for a part 121 proficiency flight test, unless the pilot seated at the controls, other than the pilot being checked, is fully qualified to act as pilot in command of the aircraft.
[Docket 18334, 54 FR 34294, Aug. 18, 1989, as
amended by Amdt. 91–324, 76 FR 54107, Aug. 31, 2011; Amdt. 61–142, 83 FR 30281, June 27, 2018]
702 14 CFR Ch. I (1–1–25 Edition) § 91.111
§ 91.111 Operating near other aircraft.
(a) No person may operate an aircraft
so close to another aircraft as to create a collision hazard.
(b) No person may operate an aircraft
in formation flight except by arrange-ment with the pilot in command of each aircraft in the formation.
(c) No person may operate an air-
craft, carrying passengers for hire, in formation flight.
§ 91.113 Right-of-way rules: Except
water operations.
(a) Inapplicability. This section does
not apply to the operation of an air-craft on water.
(b) General. When weather conditions
permit, regardless of whether an oper-ation is conducted under instrument
flight rules or visual flight rules, vigi-lance shall be maintained by each per-son operating an aircraft so as to see and avoid other aircraft. When a rule of this section gives another aircraft the right-of-way, the pilot shall give way to that aircraft and may not pass over, under, or ahead of it unless well clear.
(c) In distress. An aircraft in distress
has the right-of-way over all other air traffic.
(d) Converging. When aircraft of the
same category are converging at ap-proximately the same altitude (except head-on, or nearly so), the aircraft to the other’s right has the right-of-way. If the aircraft are of different cat-egories—
(1) A balloon has the right-of-way
over any other category of aircraft;
(2) A glider has the right-of-way over
an airship, powered parachute, weight- shift-control aircraft, airplane, or rotorcraft.
(3) An airship has the right-of-way
over a powered parachute, weight-shift- control aircraft, airplane, or rotor-craft.
However, an aircraft towing or re-
fueling other aircraft has the right-of- way over all other engine-driven air-craft.
(e) Approaching head-on. When air-
craft are approaching each other head- on, or nearly so, each pilot of each air-craft shall alter course to the right.
(f) Overtaking. Each aircraft that is
being overtaken has the right-of-way and each pilot of an overtaking aircraft shall alter course to the right to pass
well clear.
(g) Landing. Aircraft, while on final
approach to land or while landing, have the right-of-way over other aircraft in flight or operating on the surface, ex-cept that they shall not take advan-tage of this rule to force an aircraft off the runway surface which has already landed and is attempting to make way for an aircraft on final approach. When two or more aircraft are approaching an airport for the purpose of landing, the aircraft at the lower altitude has the right-of-way, but it shall not take advantage of this rule to cut in front of another which is on final approach to land or to overtake that aircraft.
[Docket 18334, 54 FR 34294, Aug. 18, 1989, as
amended by Amdt. 91–282, 69 FR 44880, July 27, 2004]
E
FFECTIVE DATE NOTE: Amendments to
§91.113 were published by Docket FAA–2023– 1275, Amdt. 60–8, 89 FR 92485, Nov. 21, 2024, ef-fective Jan. 21, 2025.
§ 91.115 Right-of-way rules: Water op-
erations.
(a) General. Each person operating an
aircraft on the water shall, insofar as possible, keep clear of all vessels and avoid impeding their navigation, and shall give way to any vessel or other aircraft that is given the right-of-way by any rule of this section.
(b) Crossing. When aircraft, or an air-
craft and a vessel, are on crossing courses, the aircraft or vessel to the other’s right has the right-of-way.
(c) Approaching head-on. When air-
craft, or an aircraft and a vessel, are approaching head-on, or nearly so, each shall alter its course to the right to keep well clear.
(d) Overtaking. Each aircraft or vessel
that is being overtaken has the right- of-way, and the one overtaking shall alter course to keep well clear.
(e) Special circumstances. When air-
craft, or an aircraft and a vessel, ap-proach so as to involve risk of colli-sion, each aircraft or vessel shall pro-ceed with careful regard to existing circumstances, including the limita-tions of the respective craft.
703 Federal Aviation Administration, DOT § 91.121
§ 91.117 Aircraft speed.
(a) Unless otherwise authorized by
the Administrator, no person may op-erate an aircraft below 10,000 feet MSL at an indicated airspeed of more than 250 knots (288 m.p.h.).
(b) Unless otherwise authorized or re-
quired by ATC, no person may operate an aircraft at or below 2,500 feet above the surface within 4 nautical miles of the primary airport of a Class C or Class D airspace area at an indicated airspeed of more than 200 knots (230 mph.). This paragraph (b) does not apply to any operations within a Class B airspace area. Such operations shall comply with paragraph (a) of this sec-tion.
(c) No person may operate an aircraft
in the airspace underlying a Class B airspace area designated for an airport or in a VFR corridor designated through such a Class B airspace area, at an indicated airspeed of more than 200 knots (230 mph).
(d) If the minimum safe airspeed for
any particular operation is greater than the maximum speed prescribed in this section, the aircraft may be oper-ated at that minimum speed.
[Docket 18334, 54 FR 34292, Aug. 18, 1989, as
amended by Amdt. 91–219, 55 FR 34708, Aug. 24, 1990; Amdt. 91–227, 56 FR 65657, Dec. 17, 1991; Amdt. 91–233, 58 FR 43554, Aug. 17, 1993]
§ 91.119 Minimum safe altitudes: Gen-
eral.
Except when necessary for takeoff or
landing, no person may operate an air-craft below the following altitudes:
(a) Anywhere. An altitude allowing, if
a power unit fails, an emergency land-ing without undue hazard to persons or property on the surface.
(b) Over congested areas. Over any
congested area of a city, town, or set-tlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft.
(c) Over other than congested areas. An
altitude of 500 feet above the surface, except over open water or sparsely pop-ulated areas. In those cases, the air-craft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. (d) Helicopters, powered parachutes,
and weight-shift-control aircraft. If the
operation is conducted without hazard to persons or property on the surface—
(1) A helicopter may be operated at
less than the minimums prescribed in paragraph (b) or (c) of this section, pro-vided each person operating the heli-copter complies with any routes or al-titudes specifically prescribed for heli-copters by the FAA; and
(2) A powered parachute or weight-
shift-control aircraft may be operated at less than the minimums prescribed in paragraph (c) of this section.
[Docket 18334, 54 FR 34294, Aug. 18, 1989, as
amended by Amdt. 91–311, 75 FR 5223, Feb. 1, 2010]
§ 91.121 Altimeter settings.
(a) Each person operating an aircraft
shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating—
(1) Below 18,000 feet MSL, to— (i) The current reported altimeter
setting of a station along the route and within 100 nautical miles of the air-craft;
(ii) If there is no station within the
area prescribed in paragraph (a)(1)(i) of this section, the current reported al-timeter setting of an appropriate avail-able station; or
(iii) In the case of an aircraft not
equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before de-parture; or
(2) At or above 18,000 feet MSL, to
29.92 ″ Hg.
(b) The lowest usable flight level is
determined by the atmospheric pres-sure in the area of operation as shown in the following table:
Current altimeter setting Lowest
usable
flight
level
29.92 (or higher) ...................................................... 180
29.91 through 29.42 ................................................ 185
29.41 through 28.92 ................................................ 190
28.91 through 28.42 ................................................ 195
28.41 through 27.92 ................................................ 200
27.91 through 27.42 ................................................ 205
27.41 through 26.92 ................................................ 210
(c) To convert minimum altitude pre-
scribed under §§91.119 and 91.177 to the
704 14 CFR Ch. I (1–1–25 Edition) § 91.123
minimum flight level, the pilot shall
take the flight level equivalent of the minimum altitude in feet and add the appropriate number of feet specified below, according to the current re-ported altimeter setting:
Current altimeter setting Adjust-
ment
factor
29.92 (or higher) ...................................................... None
29.91 through 29.42 ................................................ 500
29.41 through 28.92 ................................................ 1,000
28.91 through 28.42 ................................................ 1,500
28.41 through 27.92 ................................................ 2,000
27.91 through 27.42 ................................................ 2,500
27.41 through 26.92 ................................................ 3,000
§ 91.123 Compliance with ATC clear-
ances and instructions.
(a) When an ATC clearance has been
obtained, no pilot in command may de-viate from that clearance unless an amended clearance is obtained, an emergency exists, or the deviation is in response to a traffic alert and collision avoidance system resolution advisory. However, except in Class A airspace, a pilot may cancel an IFR flight plan if the operation is being conducted in VFR weather conditions. When a pilot is uncertain of an ATC clearance, that pilot shall immediately request clari-fication from ATC.
(b) Except in an emergency, no per-
son may operate an aircraft contrary to an ATC instruction in an area in which air traffic control is exercised.
(c) Each pilot in command who, in an
emergency, or in response to a traffic alert and collision avoidance system resolution advisory, deviates from an ATC clearance or instruction shall no-tify ATC of that deviation as soon as possible.
(d) Each pilot in command who
(though not deviating from a rule of this subpart) is given priority by ATC in an emergency, shall submit a de-tailed report of that emergency within 48 hours to the manager of that ATC facility, if requested by ATC.
(e) Unless otherwise authorized by
ATC, no person operating an aircraft may operate that aircraft according to any clearance or instruction that has been issued to the pilot of another air-craft for radar air traffic control pur-
poses.
(Approved by the Office of Management and
Budget under control number 2120–0005)
[Docket 18834, 54 FR 34294, Aug. 18, 1989, as
amended by Amdt. 91–227, 56 FR 65658, Dec. 17, 1991; Amdt. 91–244, 60 FR 50679, Sept. 29, 1995]
§ 91.125 ATC light signals.
ATC light signals have the meaning
shown in the following table:
Color and type of
signal Meaning with re-
spect to aircraft on
the surface Meaning with re-
spect to aircraft in
flight
Steady green ........ Cleared for takeoff Cleared to land.
Flashing green ...... Cleared to taxi ...... Return for landing
(to be followed by steady green at proper time).
Steady red ............ Stop ...................... Give way to other
aircraft and con-tinue circling.
Flashing red .......... Taxi clear of run-
way in use.Airport unsafe—do
not land.
Flashing white ...... Return to starting
point on airport.Not applicable.
Alternating red and
green.Exercise extreme
caution.Exercise extreme
caution.
§ 91.126 Operating on or in the vicinity
of an airport in Class G airspace.
(a) General. Unless otherwise author-
ized or required, each person operating an aircraft on or in the vicinity of an airport in a Class G airspace area must comply with the requirements of this section.
(b) Direction of turns. When approach-
ing to land at an airport without an op-erating control tower in Class G air-space—
(1) Each pilot of an airplane must
make all turns of that airplane to the left unless the airport displays ap-proved light signals or visual markings indicating that turns should be made to the right, in which case the pilot must make all turns to the right; and
(2) Each pilot of a helicopter or a
powered parachute must avoid the flow of fixed-wing aircraft.
(c) Flap settings. Except when nec-
essary for training or certification, the pilot in command of a civil turbojet- powered aircraft must use, as a final flap setting, the minimum certificated landing flap setting set forth in the ap-proved performance information in the Airplane Flight Manual for the appli-cable conditions. However, each pilot
705 Federal Aviation Administration, DOT § 91.129
in command has the final authority
and responsibility for the safe oper-ation of the pilot’s airplane, and may use a different flap setting for that air-plane if the pilot determines that it is necessary in the interest of safety.
(d) Communications with control tow-
ers. Unless otherwise authorized or re-
quired by ATC, no person may operate an aircraft to, from, through, or on an airport having an operational control tower unless two-way radio commu-nications are maintained between that aircraft and the control tower. Commu-nications must be established prior to 4 nautical miles from the airport, up to and including 2,500 feet AGL. However, if the aircraft radio fails in flight, the pilot in command may operate that aircraft and land if weather conditions are at or above basic VFR weather minimums, visual contact with the tower is maintained, and a clearance to land is received. If the aircraft radio fails while in flight under IFR, the pilot must comply with §91.185.
[Docket 24458, 56 FR 65658, Dec. 17, 1991, as
amended by Amdt. 91–239, 59 FR 11693, Mar. 11, 1994; Amdt. 91–282, 69 FR 44880, July 27, 2004]
§ 91.127 Operating on or in the vicinity
of an airport in Class E airspace.
(a) Unless otherwise required by part
93 of this chapter or unless otherwise authorized or required by the ATC fa-cility having jurisdiction over the Class E airspace area, each person op-erating an aircraft on or in the vicinity of an airport in a Class E airspace area must comply with the requirements of §91.126.
(b) Departures. Each pilot of an air-
craft must comply with any traffic pat-terns established for that airport in part 93 of this chapter.
(c) Communications with control tow-
ers. Unless otherwise authorized or re-
quired by ATC, no person may operate an aircraft to, from, through, or on an airport having an operational control tower unless two-way radio commu-nications are maintained between that aircraft and the control tower. Commu-nications must be established prior to 4 nautical miles from the airport, up to and including 2,500 feet AGL. However, if the aircraft radio fails in flight, the pilot in command may operate that aircraft and land if weather conditions
are at or above basic VFR weather minimums, visual contact with the
tower is maintained, and a clearance to land is received. If the aircraft radio fails while in flight under IFR, the pilot must comply with §91.185.
[Docket 24458, 56 FR 65658, Dec. 17, 1991, as
amended by Amdt. 91–239, 59 FR 11693, Mar. 11, 1994]
§ 91.129 Operations in Class D air-
space.
(a) General. Unless otherwise author-
ized or required by the ATC facility having jurisdiction over the Class D airspace area, each person operating an aircraft in Class D airspace must com-ply with the applicable provisions of this section. In addition, each person must comply with §§91.126 and 91.127. For the purpose of this section, the pri-mary airport is the airport for which the Class D airspace area is designated. A satellite airport is any other airport within the Class D airspace area.
(b) Deviations. An operator may devi-
ate from any provision of this section under the provisions of an ATC author-ization issued by the ATC facility hav-ing jurisdiction over the airspace con-cerned. ATC may authorize a deviation on a continuing basis or for an indi-vidual flight, as appropriate.
(c) Communications. Each person oper-
ating an aircraft in Class D airspace must meet the following two-way radio communications requirements:
(1) Arrival or through flight. Each per-
son must establish two-way radio com-munications with the ATC facility (in-cluding foreign ATC in the case of for-eign airspace designated in the United States) providing air traffic services prior to entering that airspace and thereafter maintain those communica-tions while within that airspace.
(2) Departing flight. Each person—
(i) From the primary airport or sat-
ellite airport with an operating control tower must establish and maintain two-way radio communications with the control tower, and thereafter as in-structed by ATC while operating in the Class D airspace area; or
(ii) From a satellite airport without
an operating control tower, must es-tablish and maintain two-way radio communications with the ATC facility
706 14 CFR Ch. I (1–1–25 Edition) § 91.130
having jurisdiction over the Class D
airspace area as soon as practicable after departing.
(d) Communications failure. Each per-
son who operates an aircraft in a Class D airspace area must maintain two- way radio communications with the ATC facility having jurisdiction over that area.
(1) If the aircraft radio fails in flight
under IFR, the pilot must comply with §91.185 of the part.
(2) If the aircraft radio fails in flight
under VFR, the pilot in command may operate that aircraft and land if—
(i) Weather conditions are at or
above basic VFR weather minimums;
(ii) Visual contact with the tower is
maintained; and
(iii) A clearance to land is received. (e) Minimum altitudes when operating
to an airport in Class D airspace. (1) Un-
less required by the applicable dis-tance-from-cloud criteria, each pilot operating a large or turbine-powered airplane must enter the traffic pattern at an altitude of at least 1,500 feet above the elevation of the airport and maintain at least 1,500 feet until fur-ther descent is required for a safe land-ing.
(2) Each pilot operating a large or
turbine-powered airplane approaching to land on a runway served by an in-strument approach procedure with vertical guidance, if the airplane is so equipped, must:
(i) Operate that airplane at an alti-
tude at or above the glide path between the published final approach fix and the decision altitude (DA), or decision height (DH), as applicable; or
(ii) If compliance with the applicable
distance-from-cloud criteria requires glide path interception closer in, oper-ate that airplane at or above the glide path, between the point of interception of glide path and the DA or the DH.
(3) Each pilot operating an airplane
approaching to land on a runway served by a visual approach slope indi-cator must maintain an altitude at or above the glide path until a lower alti-tude is necessary for a safe landing.
(4) Paragraphs (e)(2) and (e)(3) of this
section do not prohibit normal brack-eting maneuvers above or below the glide path that are conducted for the purpose of remaining on the glide path. (f) Approaches. Except when con-
ducting a circling approach under part 97 of this chapter or unless otherwise required by ATC, each pilot must—
(1) Circle the airport to the left, if op-
erating an airplane; or
(2) Avoid the flow of fixed-wing air-
craft, if operating a helicopter.
(g) Departures. No person may oper-
ate an aircraft departing from an air-port except in compliance with the fol-lowing:
(1) Each pilot must comply with any
departure procedures established for that airport by the FAA.
(2) Unless otherwise required by the
prescribed departure procedure for that airport or the applicable distance from clouds criteria, each pilot of a turbine- powered airplane and each pilot of a large airplane must climb to an alti-tude of 1,500 feet above the surface as rapidly as practicable.
(h) Noise abatement. Where a formal
runway use program has been estab-lished by the FAA, each pilot of a large or turbine-powered airplane assigned a noise abatement runway by ATC must use that runway. However, consistent with the final authority of the pilot in command concerning the safe oper-ation of the aircraft as prescribed in §91.3(a), ATC may assign a different runway if requested by the pilot in the interest of safety.
(i) Takeoff, landing, taxi clearance. No
person may, at any airport with an op-erating control tower, operate an air-craft on a runway or taxiway, or take off or land an aircraft, unless an appro-priate clearance is received from ATC.
[Docket 24458, 56 FR 65658, Dec. 17, 1991, as
amended by Amdt. 91–234, 58 FR 48793, Sept. 20, 1993; Amdt. 91–296, 72 FR 31678, June 7, 2007; 77 FR 28250, May 14, 2012]
§ 91.130 Operations in Class C air-
space.
(a) General. Unless otherwise author-
ized by ATC, each aircraft operation in Class C airspace must be conducted in compliance with this section and §91.129. For the purpose of this section, the primary airport is the airport for which the Class C airspace area is des-ignated. A satellite airport is any other airport within the Class C airspace area.
707 Federal Aviation Administration, DOT § 91.131
(b) Traffic patterns. No person may
take off or land an aircraft at a sat-ellite airport within a Class C airspace area except in compliance with FAA arrival and departure traffic patterns.
(c) Communications. Each person oper-
ating an aircraft in Class C airspace must meet the following two-way radio communications requirements:
(1) Arrival or through flight. Each per-
son must establish two-way radio com-munications with the ATC facility (in-cluding foreign ATC in the case of for-eign airspace designated in the United States) providing air traffic services prior to entering that airspace and thereafter maintain those communica-tions while within that airspace.
(2) Departing flight. Each person—
(i) From the primary airport or sat-
ellite airport with an operating control tower must establish and maintain two-way radio communications with the control tower, and thereafter as in-structed by ATC while operating in the Class C airspace area; or
(ii) From a satellite airport without
an operating control tower, must es-tablish and maintain two-way radio communications with the ATC facility having jurisdiction over the Class C airspace area as soon as practicable after departing.
(d) Equipment requirements. Unless
otherwise authorized by the ATC hav-ing jurisdiction over the Class C air-space area, no person may operate an aircraft within a Class C airspace area designated for an airport unless that aircraft is equipped with the applicable equipment specified in §91.215, and after January 1, 2020, §91.225.
(e) Deviations. An operator may devi-
ate from any provision of this section under the provisions of an ATC author-ization issued by the ATC facility hav-ing jurisdiction over the airspace con-cerned. ATC may authorize a deviation on a continuing basis or for an indi-vidual flight, as appropriate.
[Docket 24458, 56 FR 65659, Dec. 17, 1991, as
amended by Amdt. 91–232, 58 FR 40736, July 30, 1993; Amdt. 91–239, 59 FR 11693, Mar. 11, 1994; Amdt. 91–314, 75 FR 30193, May 28, 2010]
§ 91.131 Operations in Class B air-
space.
(a) Operating rules. No person may op-
erate an aircraft within a Class B air-space area except in compliance with
§91.129 and the following rules:
(1) The operator must receive an ATC
clearance from the ATC facility having jurisdiction for that area before oper-ating an aircraft in that area.
(2) Unless otherwise authorized by
ATC, each person operating a large tur-bine engine-powered airplane to or from a primary airport for which a Class B airspace area is designated must operate at or above the des-ignated floors of the Class B airspace area while within the lateral limits of that area.
(3) Any person conducting pilot
training operations at an airport with-in a Class B airspace area must comply with any procedures established by ATC for such operations in that area.
(b) Pilot requirements. (1) No person
may take off or land a civil aircraft at an airport within a Class B airspace area or operate a civil aircraft within a Class B airspace area unless—
(i) The pilot in command holds at
least a private pilot certificate;
(ii) The pilot in command holds a
recreational pilot certificate and has met—
(A) The requirements of §61.101(d) of
this chapter; or
(B) The requirements for a student
pilot seeking a recreational pilot cer-tificate in §61.94 of this chapter;
(iii) The pilot in command holds a
sport pilot certificate and has met—
(A) The requirements of §61.325 of
this chapter; or
(B) The requirements for a student
pilot seeking a recreational pilot cer-tificate in §61.94 of this chapter; or
(iv) The aircraft is operated by a stu-
dent pilot who has met the require-ments of §61.94 or §61.95 of this chapter, as applicable.
(2) Notwithstanding the provisions of
paragraphs (b)(1)(ii), (b)(1)(iii) and (b)(1)(iv) of this section, no person may take off or land a civil aircraft at those airports listed in section 4 of appendix D to this part unless the pilot in com-mand holds at least a private pilot cer-tificate.
(c) Communications and navigation
equipment requirements. Unless other-
wise authorized by ATC, no person may operate an aircraft within a Class B
708 14 CFR Ch. I (1–1–25 Edition) § 91.133
airspace area unless that aircraft is
equipped with—
(1) For IFR operation. An operable
VOR or TACAN receiver or an operable and suitable RNAV system; and
(2) For all operations. An operable
two-way radio capable of communica-tions with ATC on appropriate fre-quencies for that Class B airspace area.
(d) Other equipment requirements. No
person may operate an aircraft in a Class B airspace area unless the air-craft is equipped with—
(1) The applicable operating trans-
ponder and automatic altitude report-ing equipment specified in §91.215 (a), except as provided in §91.215 (e), and
(2) After January 1, 2020, the applica-
ble Automatic Dependent Surveillance- Broadcast Out equipment specified in §91.225.
[Docket 24458, 56 FR 65658, Dec. 17, 1991, as
amended by Amdt. 91–282, 69 FR 44880, July 27, 2004; Amdt. 91–296, 72 FR 31678, June 7, 2007; Amdt. 91–314, 75 FR 30193, May 28, 2010]
§ 91.133 Restricted and prohibited
areas.
(a) No person may operate an aircraft
within a restricted area (designated in part 73) contrary to the restrictions imposed, or within a prohibited area, unless that person has the permission of the using or controlling agency, as appropriate.
(b) Each person conducting, within a
restricted area, an aircraft operation (approved by the using agency) that creates the same hazards as the oper-ations for which the restricted area was designated may deviate from the rules of this subpart that are not com-patible with the operation of the air-craft.
§ 91.135 Operations in Class A air-
space.
Except as provided in paragraph (d)
of this section, each person operating an aircraft in Class A airspace must conduct that operation under instru-ment flight rules (IFR) and in compli-ance with the following:
(a) Clearance. Operations may be con-
ducted only under an ATC clearance re-ceived prior to entering the airspace.
(b) Communications. Unless otherwise
authorized by ATC, each aircraft oper-ating in Class A airspace must be equipped with a two-way radio capable
of communicating with ATC on a fre-quency assigned by ATC. Each pilot must maintain two-way radio commu-nications with ATC while operating in Class A airspace.
(c) Equipment requirements. Unless
otherwise authorized by ATC, no per-son may operate an aircraft within Class A airspace unless that aircraft is equipped with the applicable equip-ment specified in §91.215, and after Jan-uary 1, 2020, §91.225.
(d) ATC authorizations. An operator
may deviate from any provision of this section under the provisions of an ATC authorization issued by the ATC facil-ity having jurisdiction of the airspace concerned. In the case of an inoper-
ative transponder, ATC may imme-diately approve an operation within a Class A airspace area allowing flight to continue, if desired, to the airport of ultimate destination, including any in-termediate stops, or to proceed to a place where suitable repairs can be made, or both. Requests for deviation from any provision of this section must be submitted in writing, at least 4 days before the proposed operation. ATC may authorize a deviation on a con-tinuing basis or for an individual flight.
[Docket 24458, 56 FR 65659, Dec. 17, 1991, as
amended by Amdt. 91–314, 75 FR 30193, May 28, 2010]
§ 91.137 Temporary flight restrictions
in the vicinity of disaster/hazard areas.
(a) The Administrator will issue a
Notice to Airmen (NOTAM) desig-nating an area within which temporary flight restrictions apply and specifying the hazard or condition requiring their imposition, whenever he determines it is necessary in order to—
(1) Protect persons and property on
the surface or in the air from a hazard associated with an incident on the sur-face;
(2) Provide a safe environment for
the operation of disaster relief aircraft; or
(3) Prevent an unsafe congestion of
sightseeing and other aircraft above an incident or event which may generate a high degree of public interest.
709 Federal Aviation Administration, DOT § 91.138
The Notice to Airmen will specify the
hazard or condition that requires the imposition of temporary flight restric-tions.
(b) When a NOTAM has been issued
under paragraph (a)(1) of this section, no person may operate an aircraft within the designated area unless that aircraft is participating in the hazard relief activities and is being operated under the direction of the official in charge of on scene emergency response activities.
(c) When a NOTAM has been issued
under paragraph (a)(2) of this section, no person may operate an aircraft within the designated area unless at least one of the following conditions are met:
(1) The aircraft is participating in
hazard relief activities and is being op-erated under the direction of the offi-cial in charge of on scene emergency response activities.
(2) The aircraft is carrying law en-
forcement officials.
(3) The aircraft is operating under
the ATC approved IFR flight plan.
(4) The operation is conducted di-
rectly to or from an airport within the area, or is necessitated by the imprac-ticability of VFR flight above or around the area due to weather, or ter-rain; notification is given to the Flight Service Station (FSS) or ATC facility specified in the NOTAM to receive advisories concerning disaster relief aircraft operations; and the operation does not hamper or endanger relief ac-tivities and is not conducted for the purpose of observing the disaster.
(5) The aircraft is carrying properly
accredited news representatives, and, prior to entering the area, a flight plan is filed with the appropriate FAA or ATC facility specified in the Notice to Airmen and the operation is conducted above the altitude used by the disaster relief aircraft, unless otherwise author-ized by the official in charge of on scene emergency response activities.
(d) When a NOTAM has been issued
under paragraph (a)(3) of this section, no person may operate an aircraft within the designated area unless at least one of the following conditions is met:
(1) The operation is conducted di-
rectly to or from an airport within the area, or is necessitated by the imprac-
ticability of VFR flight above or around the area due to weather or ter-rain, and the operation is not con-ducted for the purpose of observing the incident or event.
(2) The aircraft is operating under an
ATC approved IFR flight plan.
(3) The aircraft is carrying incident
or event personnel, or law enforcement officials.
(4) The aircraft is carrying properly
accredited news representatives and, prior to entering that area, a flight plan is filed with the appropriate FSS or ATC facility specified in the NOTAM.
(e) Flight plans filed and notifica-
tions made with an FSS or ATC facil-ity under this section shall include the following information:
(1) Aircraft identification, type and
color.
(2) Radio communications fre-
quencies to be used.
(3) Proposed times of entry of, and
exit from, the designated area.
(4) Name of news media or organiza-
tion and purpose of flight.
(5) Any other information requested
by ATC.
§ 91.138 Temporary flight restrictions
in national disaster areas in the State of Hawaii.
(a) When the Administrator has de-
termined, pursuant to a request and justification provided by the Governor of the State of Hawaii, or the Gov-ernor’s designee, that an inhabited area within a declared national dis-aster area in the State of Hawaii is in need of protection for humanitarian reasons, the Administrator will issue a Notice to Airmen (NOTAM) desig-nating an area within which temporary flight restrictions apply. The Adminis-trator will designate the extent and du-ration of the temporary flight restric-tions necessary to provide for the pro-tection of persons and property on the surface.
(b) When a NOTAM has been issued in
accordance with this section, no person may operate an aircraft within the des-ignated area unless at least one of the following conditions is met:
(1) That person has obtained author-
ization from the official in charge of
710 14 CFR Ch. I (1–1–25 Edition) § 91.139
associated emergency or disaster relief
response activities, and is operating the aircraft under the conditions of that authorization.
(2) The aircraft is carrying law en-
forcement officials.
(3) The aircraft is carrying persons
involved in an emergency or a legiti-mate scientific purpose.
(4) The aircraft is carrying properly
accredited newspersons, and that prior to entering the area, a flight plan is
filed with the appropriate FAA or ATC facility specified in the NOTAM and the operation is conducted in compli-ance with the conditions and restric-tions established by the official in charge of on-scene emergency response activities.
(5) The aircraft is operating in ac-
cordance with an ATC clearance or in-struction.
(c) A NOTAM issued under this sec-
tion is effective for 90 days or until the national disaster area designation is terminated, whichever comes first, un-less terminated by notice or extended by the Administrator at the request of the Governor of the State of Hawaii or the Governor’s designee.
[Docket 26476, 56 FR 23178, May 20, 1991, as
amended by Amdt. 91–270, 66 FR 47377, Sept. 11, 2001]
§ 91.139 Emergency air traffic rules.
(a) This section prescribes a process
for utilizing Notices to Airmen (NOTAMs) to advise of the issuance and operations under emergency air traffic rules and regulations and des-ignates the official who is authorized to issue NOTAMs on behalf of the Ad-ministrator in certain matters under this section.
(b) Whenever the Administrator de-
termines that an emergency condition exists, or will exist, relating to the FAA’s ability to operate the air traffic control system and during which nor-mal flight operations under this chap-ter cannot be conducted consistent with the required levels of safety and efficiency—
(1) The Administrator issues an im-
mediately effective air traffic rule or regulation in response to that emer-gency condition; and
(2) The Administrator or the Asso-
ciate Administrator for Air Traffic may utilize the NOTAM system to pro-
vide notification of the issuance of the rule or regulation.
Those NOTAMs communicate informa-
tion concerning the rules and regula-tions that govern flight operations, the use of navigation facilities, and des-ignation of that airspace in which the rules and regulations apply.
(c) When a NOTAM has been issued
under this section, no person may oper-ate an aircraft, or other device gov-erned by the regulation concerned, within the designated airspace except in accordance with the authorizations, terms, and conditions prescribed in the regulation covered by the NOTAM.
§ 91.141 Flight restrictions in the prox-
imity of the Presidential and other parties.
No person may operate an aircraft
over or in the vicinity of any area to be visited or traveled by the President, the Vice President, or other public fig-ures contrary to the restrictions estab-lished by the Administrator and pub-lished in a Notice to Airmen (NOTAM).
§ 91.143 Flight limitation in the prox-
imity of space flight operations.
When a Notice to Airmen (NOTAM) is
issued in accordance with this section, no person may operate any aircraft of U.S. registry, or pilot any aircraft under the authority of an airman cer-tificate issued by the Federal Aviation Administration, within areas des-ignated in a NOTAM for space flight operation except when authorized by ATC.
[Docket FAA–2004–19246, 69 FR 59753, Oct. 5,
2004]
§ 91.144 Temporary restriction on
flight operations during abnormally high barometric pressure condi-tions.
(a) Special flight restrictions. When any
information indicates that barometric pressure on the route of flight cur-rently exceeds or will exceed 31 inches of mercury, no person may operate an aircraft or initiate a flight contrary to the requirements established by the Administrator and published in a No-tice to Airmen issued under this sec-tion.
711 Federal Aviation Administration, DOT § 91.145
(b) Waivers. The Administrator is au-
thorized to waive any restriction issued under paragraph (a) of this sec-tion to permit emergency supply, transport, or medical services to be de-livered to isolated communities, where the operation can be conducted with an acceptable level of safety.
[Amdt. 91–240, 59 FR 17452, Apr. 12, 1994; 59 FR
37669, July 25, 1994]
§ 91.145 Management of aircraft oper-
ations in the vicinity of aerial dem-onstrations and major sporting events.
(a) The FAA will issue a Notice to
Airmen (NOTAM) designating an area of airspace in which a temporary flight restriction applies when it determines that a temporary flight restriction is necessary to protect persons or prop-erty on the surface or in the air, to maintain air safety and efficiency, or to prevent the unsafe congestion of air-craft in the vicinity of an aerial dem-onstration or major sporting event. These demonstrations and events may include:
(1) United States Naval Flight Dem-
onstration Team (Blue Angels);
(2) United States Air Force Air Dem-
onstration Squadron (Thunderbirds);
(3) United States Army Parachute
Team (Golden Knights);
(4) Summer/Winter Olympic Games; (5) Annual Tournament of Roses
Football Game;
(6) World Cup Soccer; (7) Major League Baseball All-Star
Game;
(8) World Series; (9) Kodak Albuquerque International
Balloon Fiesta;
(10) Sandia Classic Hang Gliding
Competition;
(11) Indianapolis 500 Mile Race; (12) Any other aerial demonstration
or sporting event the FAA determines to need a temporary flight restriction in accordance with paragraph (b) of this section.
(b) In deciding whether a temporary
flight restriction is necessary for an aerial demonstration or major sporting event not listed in paragraph (a) of this section, the FAA considers the fol-lowing factors:
(1) Area where the event will be held. (2) Effect flight restrictions will have
on known aircraft operations.
(3) Any existing ATC airspace traffic
management restrictions.
(4) Estimated duration of the event. (5) Degree of public interest. (6) Number of spectators. (7) Provisions for spectator safety. (8) Number and types of participating
aircraft.
(9) Use of mixed high and low per-
formance aircraft.
(10) Impact on non-participating air-
craft.
(11) Weather minimums. (12) Emergency procedures that will
be in effect.
(c) A NOTAM issued under this sec-
tion will state the name of the aerial demonstration or sporting event and specify the effective dates and times, the geographic features or coordinates, and any other restrictions or proce-dures governing flight operations in the designated airspace.
(d) When a NOTAM has been issued in
accordance with this section, no person may operate an aircraft or device, or engage in any activity within the des-ignated airspace area, except in accord-ance with the authorizations, terms, and conditions of the temporary flight restriction published in the NOTAM, unless otherwise authorized by:
(1) Air traffic control; or (2) A Flight Standards Certificate of
Waiver or Authorization issued for the demonstration or event.
(e) For the purpose of this section: (1) Flight restricted airspace area for an
aerial demonstration— The amount of
airspace needed to protect persons and property on the surface or in the air, to maintain air safety and efficiency, or to prevent the unsafe congestion of air-craft will vary depending on the aerial demonstration and the factors listed in paragraph (b) of this section. The re-stricted airspace area will normally be limited to a 5 nautical mile radius from the center of the demonstration and an altitude 17000 mean sea level (for high performance aircraft) or 13000 feet above the surface (for certain parachute operations), but will be no greater than the minimum airspace necessary for the management of air-craft operations in the vicinity of the specified area.
712 14 CFR Ch. I (1–1–25 Edition) § 91.146
(2) Flight restricted area for a major
sporting event— The amount of airspace
needed to protect persons and property on the surface or in the air, to main-tain air safety and efficiency, or to pre-vent the unsafe congestion of aircraft will vary depending on the size of the event and the factors listed in para-graph (b) of this section. The restricted airspace will normally be limited to a 3 nautical mile radius from the center of the event and 2500 feet above the surface but will not be greater than the minimum airspace necessary for the management of aircraft operations in the vicinity of the specified area.
(f) A NOTAM issued under this sec-
tion will be issued at least 30 days in advance of an aerial demonstration or a major sporting event, unless the FAA finds good cause for a shorter period and explains this in the NOTAM.
(g) When warranted, the FAA Admin-
istrator may exclude the following flights from the provisions of this sec-tion:
(1) Essential military. (2) Medical and rescue. (3) Presidential and Vice Presi-
dential.
(4) Visiting heads of state.
(5) Law enforcement and security. (6) Public health and welfare.
[Docket FAA–2000–8274, 66 FR 47378, Sept. 11,
2001]
§ 91.146 Passenger-carrying flights for
the benefit of a charitable, non-profit, or community event.
(a) Definitions. For purposes of this
section, the following definitions apply:
Charitable event means an event that
raises funds for the benefit of a chari-table organization recognized by the Department of the Treasury whose do-nors may deduct contributions under section 170 of the Internal Revenue Code (26 U.S.C. Section 170).
Community event means an event that
raises funds for the benefit of any local or community cause that is not a char-itable event or non-profit event.
Non-profit event means an event that
raises funds for the benefit of a non- profit organization recognized under State or Federal law, as long as one of the organization’s purposes is the pro-motion of aviation safety. (b) Passenger-carrying flights in air-
planes, powered-lift, or rotorcraft for the benefit of a charitable, nonprofit,
or community event identified in para-graph (c) of this section are not subject to the certification requirements of part 119 of this chapter or the drug and alcohol testing requirements in part 120 of this chapter, provided the fol-lowing conditions are satisfied and the limitations in paragraphs (c) and (d) of this section are not exceeded:
(1) The flight is nonstop and begins
and ends at the same airport and is conducted within a 25-statute mile ra-dius of that airport;
(2) The flight is conducted from a
public airport that is adequate for the aircraft used, or from another location the FAA approves for the operation;
(3) The aircraft has a maximum of 30
seats, excluding each crewmember seat, and a maximum payload capacity of 7,500 pounds;
(4) The flight is not an aerobatic or a
formation flight;
(5) Each aircraft holds a standard air-
worthiness certificate, is airworthy, and is operated in compliance with the applicable requirements of subpart E of this part;
(6) Each flight is made during day
VFR conditions;
(7) Reimbursement of the operator of
the aircraft is limited to that portion of the passenger payment for the flight that does not exceed the pro rata cost of owning, operating, and maintaining the aircraft for that flight, which may include fuel, oil, airport expenditures, and rental fees;
(8) The beneficiary of the funds raised
is not in the business of transportation by air;
(9) A private pilot acting as pilot in
command has at least 500 hours of flight time;
(10) Each flight is conducted in ac-
cordance with the safety provisions of part 136, subpart A of this chapter; and
(11) Flights are not conducted over a
national park, unit of a national park, or abutting tribal lands, unless the op-erator has secured a letter of agree-ment from the FAA, as specified under subpart B of part 136 of this chapter, and is operating in accordance with that agreement during the flights.
713 Federal Aviation Administration, DOT § 91.151
(c) (1) Passenger-carrying flights or
series of flights are limited to a total of four charitable events or non-profit events per year, with no event lasting more than three consecutive days.
(2) Passenger-carrying flights or se-
ries of flights are limited to one com-munity event per year, with no event lasting more than three consecutive days.
(d) Pilots and sponsors of events de-
scribed in this section are limited to no more than 4 events per calendar year.
(e) At least seven days before the
event, each sponsor of an event de-scribed in this section must furnish to the responsible Flight Standards office for the area where the event is sched-uled:
(1) A signed letter detailing the name
of the sponsor, the purpose of the event, the date and time of the event, the location of the event, all prior events under this section participated in by the sponsor in the current cal-endar year;
(2) A photocopy of each pilot in com-
mand’s pilot certificate, medical cer-tificate, and logbook entries that show the pilot is current in accordance with §§61.56 and 61.57 of this chapter and that any private pilot has at least 500 hours of flight time; and
(3) A signed statement from each
pilot that lists all prior events under this section in which the pilot has par-ticipated during the current calendar year.
[Docket FAA–1998–4521, 72 FR 6910, Feb. 13,
2007, as amended by Amdt. 91–308, 74 FR 32804, July 9, 2009; Docket FAA–2018–0119, Amdt. 91–350, 83 FR 9171, Mar. 5, 2018; Docket FAA–2022–1563, Amdt. 91–370, 88 FR 48087, July 26, 2023]
§ 91.147 Passenger-carrying flights for
compensation or hire.
(a) Definitions. For the purposes of
this section, Operator means any per-
son conducting nonstop passenger-car-rying flights in an airplane, powered- lift, or rotorcraft for compensation or hire in accordance with §§119.1(e)(2), 135.1(a)(5), or 121.1(d) of this chapter that begin and end at the same airport and are conducted within a 25-statute mile radius of that airport.
(b) General requirements. An Operator
conducting passenger-carrying flights for compensation or hire must meet
the following requirements unless all flights are conducted under §91.146. The Operator must:
(1) Comply with the safety provisions
of part 136, subpart A of this chapter.
(2) Register and implement its drug
and alcohol testing programs in ac-cordance with part 120 of this chapter.
(3) Comply with the applicable re-
quirements of part 5 of this chapter.
(4) Apply for and receive a Letter of
Authorization from the responsible Flight Standards office.
(c) Letter of Authorization. Each appli-
cation for a Letter of Authorization must include the following informa-tion:
(1) Name of Operator, agent, and any
d/b/a (doing-business-as) under which that Operator does business.
(2) Principal business address and
mailing address.
(3) Principal place of business (if dif-
ferent from business address).
(4) Name of person responsible for
management of the business.
(5) Name of person responsible for
aircraft maintenance.
(6) Type of aircraft, registration
number(s), and make/model/series.
(7) Antidrug and Alcohol Misuse Pre-
vention Program registration.
(d) Compliance. The Operator must
comply with the provisions of the Let-ter of Authorization received.
[Docket FAA–2021–0419, Amdt. 91–374, 89 FR
33108, Apr. 26, 2024]
§§ 91.148–91.149 [Reserved]
VISUAL FLIGHT RULES
§ 91.151 Fuel requirements for flight in
VFR conditions.
(a) No person may begin a flight in
an airplane under VFR conditions un-less (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed—
(1) During the day, to fly after that
for at least 30 minutes; or
(2) At night, to fly after that for at
least 45 minutes.
(b) No person may begin a flight in a
rotorcraft under VFR conditions unless (considering wind and forecast weather
714 14 CFR Ch. I (1–1–25 Edition) § 91.153
conditions) there is enough fuel to fly
to the first point of intended landing
and, assuming normal cruising speed, to fly after that for at least 20 minutes.
§ 91.153 VFR flight plan: Information
required.
(a) Information required. Unless other-
wise authorized by ATC, each person filing a VFR flight plan shall include in it the following information:
(1) The aircraft identification num-
ber and, if necessary, its radio call sign.
(2) The type of the aircraft or, in the
case of a formation flight, the type of each aircraft and the number of air-craft in the formation.
(3) The full name and address of the
pilot in command or, in the case of a formation flight, the formation com-mander.
(4) The point and proposed time of de-
parture.
(5) The proposed route, cruising alti-
tude (or flight level), and true airspeed at that altitude.
(6) The point of first intended landing
and the estimated elapsed time until over that point.
(7) The amount of fuel on board (in
hours).
(8) The number of persons in the air-
craft, except where that information is otherwise readily available to the FAA.
(9) Any other information the pilot in
command or ATC believes is necessary for ATC purposes.
(b) Cancellation. When a flight plan
has been activated, the pilot in com-mand, upon canceling or completing the flight under the flight plan, shall notify an FAA Flight Service Station or ATC facility.
§ 91.155 Basic VFR weather minimums.
(a) Except as provided in paragraph
(b) of this section and §91.157, no per-son may operate an aircraft under VFR when the flight visibility is less, or at a distance from clouds that is less, than that prescribed for the cor-responding altitude and class of air-space in the following table:
Airspace Flight visibility Distance from
clouds
Class A .................... Not Applicable .... Not Applicable.
Class B .................... 3 statute miles .... Clear of Clouds.
Class C .................... 3 statute miles .... 500 feet below. Airspace Flight visibility Distance from
clouds
............................. 1,000 feet above.
............................. 2,000 feet hori-
zontal.
Class D .................... 3 statute miles .... 500 feet below.
............................. 1,000 feet above.
............................. 2,000 feet hori-
zontal.
Class E:
Less than
10,000 feet MSL.3 statute miles .... 500 feet below.
............................. 1,000 feet above.
............................. 2,000 feet hori-
zontal.
At or above
10,000 feet MSL.5 statute miles .... 1,000 feet below.
............................. 1,000 feet above.
............................. 1 statute mile hor-
izontal.
Class G:
1,200 feet or
less above the surface (regardless of MSL altitude)
For aircraft other
than helicopters:
Day, except as
provided in § 91.155(b).1 statute mile ...... Clear of clouds.
Night, except as
provided in § 91.155(b).3 statute miles .... 500 feet below.
............................. 1,000 feet above.
............................. 2,000 feet hori-
zontal.
For helicopters:
Day ...................1⁄2statute mile .... Clear of clouds
Night, except as
provided in § 91.155(b).1 statute mile ...... Clear of clouds.
More than 1,200
feet above the surface but less than 10,000 feet MSL
Day ............ 1 statute mile ...... 500 feet below.
............................. 1,000 feet above.
............................. 2,000 feet hori-
zontal.
Night .......... 3 statute miles .... 500 feet below.
............................. 1,000 feet above.
............................. 2,000 feet hori-
zontal.
More than 1,200
feet above the surface and at or above 10,000 feet MSL.5 statute miles .... 1,000 feet below.
............................. 1,000 feet above.
............................. 1 statute mile hor-
izontal.
(b) Class G Airspace. Notwithstanding
the provisions of paragraph (a) of this section, the following operations may be conducted in Class G airspace below 1,200 feet above the surface:
715 Federal Aviation Administration, DOT § 91.159
(1) Helicopter. A helicopter may be op-
erated clear of clouds in an airport traffic pattern within
1⁄2mile of the
runway or helipad of intended landing if the flight visibility is not less than
1⁄2statute mile.
(2) Airplane, powered parachute, or
weight-shift-control aircraft. If the visi-
bility is less than 3 statute miles but not less than 1 statute mile during night hours and you are operating in an airport traffic pattern within
1⁄2
mile of the runway, you may operate an airplane, powered parachute, or weight-shift-control aircraft clear of clouds.
(c) Except as provided in §91.157, no
person may operate an aircraft beneath the ceiling under VFR within the lat-eral boundaries of controlled airspace designated to the surface for an airport
when the ceiling is less than 1,000 feet.
(d) Except as provided in §91.157 of
this part, no person may take off or land an aircraft, or enter the traffic pattern of an airport, under VFR, with-in the lateral boundaries of the surface areas of Class B, Class C, Class D, or Class E airspace designated for an air-port—
(1) Unless ground visibility at that
airport is at least 3 statute miles; or
(2) If ground visibility is not reported
at that airport, unless flight visibility during landing or takeoff, or while op-erating in the traffic pattern is at least 3 statute miles.
(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.
[Docket 24458, 56 FR 65660, Dec. 17, 1991, as
amended by Amdt. 91–235, 58 FR 51968, Oct. 5, 1993; Amdt. 91–282, 69 FR 44880, July 27, 2004; Amdt. 91–330, 79 FR 9972, Feb. 21, 2014; Amdt. 91–330A, 79 FR 41125, July 15, 2014]
§ 91.157 Special VFR weather mini-
mums.
(a) Except as provided in appendix D,
section 3, of this part, special VFR op-erations may be conducted under the weather minimums and requirements of this section, instead of those con-tained in §91.155, below 10,000 feet MSL within the airspace contained by the upward extension of the lateral bound-aries of the controlled airspace des-
ignated to the surface for an airport.
(b) Special VFR operations may only
be conducted—
(1) With an ATC clearance; (2) Clear of clouds; (3) Except for helicopters, when flight
visibility is at least 1 statute mile; and
(4) Except for helicopters, between
sunrise and sunset (or in Alaska, when the sun is 6 degrees or less below the horizon) unless—
(i) The person being granted the ATC
clearance meets the applicable require-ments for instrument flight under part 61 of this chapter; and
(ii) The aircraft is equipped as re-
quired in §91.205(d).
(c) No person may take off or land an
aircraft (other than a helicopter) under special VFR—
(1) Unless ground visibility is at least
1 statute mile; or
(2) If ground visibility is not re-
ported, unless flight visibility is at least 1 statute mile. For the purposes of this paragraph, the term flight visi-bility includes the visibility from the cockpit of an aircraft in takeoff posi-tion if:
(i) The flight is conducted under this
part 91; and
(ii) The airport at which the aircraft
is located is a satellite airport that does not have weather reporting capa-bilities.
(d) The determination of visibility by
a pilot in accordance with paragraph (c)(2) of this section is not an official weather report or an official ground visibility report.
[Amdt. 91–235, 58 FR 51968, Oct. 5, 1993, as
amended by Amdt. 91–247, 60 FR 66874, Dec. 27, 1995; Amdt. 91–262, 65 FR 16116, Mar. 24, 2000; Docket FAA–2022–1355, Amdt. 91–366, 87 FR 75846, Dec. 9, 2022]
§ 91.159 VFR cruising altitude or flight
level.
Except while holding in a holding
pattern of 2 minutes or less, or while turning, each person operating an air-craft under VFR in level cruising flight more than 3,000 feet above the surface shall maintain the appropriate altitude or flight level prescribed below, unless otherwise authorized by ATC:
(a) When operating below 18,000 feet
MSL and—
716 14 CFR Ch. I (1–1–25 Edition) § 91.161
(1) On a magnetic course of zero de-
grees through 179 degrees, any odd thousand foot MSL altitude + 500 feet (such as 3,500, 5,500, or 7,500); or
(2) On a magnetic course of 180 de-
grees through 359 degrees, any even thousand foot MSL altitude + 500 feet (such as 4,500, 6,500, or 8,500).
(b) When operating above 18,000 feet
MSL, maintain the altitude or flight level assigned by ATC.
[Docket 18334, 54 FR 34294, Aug. 18, 1989, as
amended by Amdt. 91–276, 68 FR 61321, Oct. 27, 2003; 68 FR 70133, Dec. 17, 2003]
§ 91.161 Special awareness training re-
quired for pilots flying under visual flight rules within a 60-nautical
mile radius of the Washington, DC VOR/DME.
(a) Operations within a 60-nautical mile
radius of the Washington, DC VOR/DME under visual flight rules (VFR). Except
as provided under paragraph (e) of this section, no person may serve as a pilot in command or as second in command of an aircraft while flying within a 60- nautical mile radius of the DCA VOR/ DME, under VFR, unless that pilot has completed Special Awareness Training and holds a certificate of training com-pletion.
(b) Special Awareness Training. The
Special Awareness Training consists of information to educate pilots about the procedures for flying in the Wash-ington, DC area and, more generally, in other types of special use airspace. This free training is available on the FAA’s Web site. Upon completion of the training, each person will need to print out a copy of the certificate of training completion.
(c) Inspection of certificate of training
completion. Each person who holds a
certificate for completing the Special Awareness Training must present it for inspection upon request from:
(1) An authorized representative of
the FAA;
(2) An authorized representative of
the National Transportation Safety Board;
(3) Any Federal, State, or local law
enforcement officer; or
(4) An authorized representative of
the Transportation Security Adminis-tration. (d) Emergency declared. The failure to
complete the Special Awareness Train-ing course on flying in and around the Washington, DC Metropolitan Area is not a violation of this section if an emergency is declared by the pilot, as described under §91.3(b), or there was a failure of two-way radio communica-tions when operating under IFR as de-scribed under §91.185.
(e) Exceptions. The requirements of
this section do not apply if the flight is being performed in an aircraft of an air ambulance operator certificated to conduct part 135 operations under this chapter, the U.S. Armed Forces, or a law enforcement agency.
[Docket FAA–2006–25250, 73 FR 46803, Aug. 12,
2008]
§§ 91.162–91.165 [Reserved]
INSTRUMENT FLIGHT RULES
§ 91.167 Fuel requirements for flight in
IFR conditions.
(a) No person may operate a civil air-
craft in IFR conditions unless it car-ries enough fuel (considering weather reports and forecasts and weather con-ditions) to—
(1) Complete the flight to the first
airport of intended landing;
(2) Except as provided in paragraph
(b) of this section, fly from that airport to the alternate airport; and
(3) Fly after that for 45 minutes at
normal cruising speed or, for heli-copters, fly after that for 30 minutes at normal cruising speed.
(b) Paragraph (a)(2) of this section
does not apply if:
(1) Part 97 of this chapter prescribes
a standard instrument approach proce-dure to, or a special instrument ap-proach procedure has been issued by the Administrator to the operator for, the first airport of intended landing; and
(2) Appropriate weather reports or
weather forecasts, or a combination of them, indicate the following:
(i) For aircraft other than helicopters.
For at least 1 hour before and for 1 hour after the estimated time of ar-rival, the ceiling will be at least 2,000 feet above the airport elevation and the visibility will be at least 3 statute miles.
717 Federal Aviation Administration, DOT § 91.171
(ii) For helicopters. At the estimated
time of arrival and for 1 hour after the estimated time of arrival, the ceiling will be at least 1,000 feet above the air-port elevation, or at least 400 feet above the lowest applicable approach minima, whichever is higher, and the visibility will be at least 2 statute miles.
[Docket 98–4390, 65 FR 3546, Jan. 21, 2000]
§ 91.169 IFR flight plan: Information
required.
(a) Information required. Unless other-
wise authorized by ATC, each person filing an IFR flight plan must include in it the following information:
(1) Information required under §91.153
(a) of this part;
(2) Except as provided in paragraph
(b) of this section, an alternate airport.
(b) Paragraph (a)(2) of this section
does not apply if :
(1) Part 97 of this chapter prescribes
a standard instrument approach proce-dure to, or a special instrument ap-proach procedure has been issued by the Administrator to the operator for, the first airport of intended landing; and
(2) Appropriate weather reports or
weather forecasts, or a combination of them, indicate the following:
(i) For aircraft other than helicopters.
For at least 1 hour before and for 1 hour after the estimated time of ar-rival, the ceiling will be at least 2,000 feet above the airport elevation and the visibility will be at least 3 statute miles.
(ii) For helicopters. At the estimated
time of arrival and for 1 hour after the estimated time of arrival, the ceiling will be at least 1,000 feet above the air-port elevation, or at least 400 feet above the lowest applicable approach minima, whichever is higher, and the visibility will be at least 2 statute miles.
(c) IFR alternate airport weather mini-
ma. Unless otherwise authorized by the
Administrator, no person may include an alternate airport in an IFR flight plan unless appropriate weather re-ports or weather forecasts, or a com-bination of them, indicate that, at the estimated time of arrival at the alter-nate airport, the ceiling and visibility at that airport will be at or above the
following weather minima:
(1) If an instrument approach proce-
dure has been published in part 97 of this chapter, or a special instrument approach procedure has been issued by the Administrator to the operator, for that airport, the following minima:
(i) For aircraft other than helicopters:
The alternate airport minima specified in that procedure, or if none are speci-fied the following standard approach minima:
(A) For a precision approach procedure.
Ceiling 600 feet and visibility 2 statute miles.
(B) For a nonprecision approach proce-
dure. Ceiling 800 feet and visibility 2
statute miles.
(ii) For helicopters: Ceiling 200 feet
above the minimum for the approach to be flown, and visibility at least 1 statute mile but never less than the minimum visibility for the approach to be flown, and
(2) If no instrument approach proce-
dure has been published in part 97 of this chapter and no special instrument approach procedure has been issued by the Administrator to the operator, for the alternate airport, the ceiling and visibility minima are those allowing descent from the MEA, approach, and landing under basic VFR.
(d) Cancellation. When a flight plan
has been activated, the pilot in com-mand, upon canceling or completing the flight under the flight plan, shall notify an FAA Flight Service Station or ATC facility.
[Docket 18334, 54 FR 34294, Aug. 18, 1989, as
amended by Amdt. 91–259, 65 FR 3546, Jan. 21, 2000]
§ 91.171 VOR equipment check for IFR
operations.
(a) No person may operate a civil air-
craft under IFR using the VOR system of radio navigation unless the VOR equipment of that aircraft—
(1) Is maintained, checked, and in-
spected under an approved procedure; or
(2) Has been operationally checked
within the preceding 30 days, and was found to be within the limits of the permissible indicated bearing error set forth in paragraph (b) or (c) of this sec-tion.
718 14 CFR Ch. I (1–1–25 Edition) § 91.173
(b) Except as provided in paragraph
(c) of this section, each person con-ducting a VOR check under paragraph (a)(2) of this section shall—
(1) Use, at the airport of intended de-
parture, an FAA-operated or approved test signal or a test signal radiated by a certificated and appropriately rated radio repair station or, outside the United States, a test signal operated or approved by an appropriate authority to check the VOR equipment (the max-imum permissible indicated bearing error is plus or minus 4 degrees); or
(2) Use, at the airport of intended de-
parture, a point on the airport surface designated as a VOR system check-point by the Administrator, or, outside the United States, by an appropriate authority (the maximum permissible bearing error is plus or minus 4 de-grees);
(3) If neither a test signal nor a des-
ignated checkpoint on the surface is available, use an airborne checkpoint designated by the Administrator or, outside the United States, by an appro-priate authority (the maximum per-missible bearing error is plus or minus 6 degrees); or
(4) If no check signal or point is
available, while in flight—
(i) Select a VOR radial that lies
along the centerline of an established VOR airway;
(ii) Select a prominent ground point
along the selected radial preferably more than 20 nautical miles from the VOR ground facility and maneuver the aircraft directly over the point at a reasonably low altitude; and
(iii) Note the VOR bearing indicated
by the receiver when over the ground point (the maximum permissible vari-ation between the published radial and the indicated bearing is 6 degrees).
(c) If dual system VOR (units inde-
pendent of each other except for the antenna) is installed in the aircraft, the person checking the equipment may check one system against the other in place of the check procedures specified in paragraph (b) of this sec-tion. Both systems shall be tuned to the same VOR ground facility and note the indicated bearings to that station. The maximum permissible variation between the two indicated bearings is 4 degrees. (d) Each person making the VOR
operational check, as specified in para-graph (b) or (c) of this section, shall enter the date, place, bearing error, and sign the aircraft log or other record. In addition, if a test signal ra-diated by a repair station, as specified in paragraph (b)(1) of this section, is used, an entry must be made in the air-craft log or other record by the repair station certificate holder or the certifi-cate holder’s representative certifying to the bearing transmitted by the re-pair station for the check and the date of transmission.
(Approved by the Office of Management and
Budget under control number 2120–0005)
§ 91.173 ATC clearance and flight plan
required.
No person may operate an aircraft in
controlled airspace under IFR unless that person has—
(a) Filed an IFR flight plan; and (b) Received an appropriate ATC
clearance.
§ 91.175 Takeoff and landing under
IFR.
(a) Instrument approaches to civil air-
ports. Unless otherwise authorized by
the FAA, when it is necessary to use an instrument approach to a civil airport, each person operating an aircraft must use a standard instrument approach procedure prescribed in part 97 of this chapter for that airport. This para-graph does not apply to United States military aircraft.
(b) Authorized DA/DH or MDA. For the
purpose of this section, when the ap-proach procedure being used provides for and requires the use of a DA/DH or MDA, the authorized DA/DH or MDA is the highest of the following:
(1) The DA/DH or MDA prescribed by
the approach procedure.
(2) The DA/DH or MDA prescribed for
the pilot in command.
(3) The DA/DH or MDA appropriate
for the aircraft equipment available and used during the approach.
(c) Operation below DA/DH or MDA.
Except as provided in §91.176 of this chapter, where a DA/DH or MDA is ap-plicable, no pilot may operate an air-craft, except a military aircraft of the United States, below the authorized
719 Federal Aviation Administration, DOT § 91.175
MDA or continue an approach below
the authorized DA/DH unless—
(1) The aircraft is continuously in a
position from which a descent to a landing on the intended runway can be made at a normal rate of descent using normal maneuvers, and for operations conducted under part 121 or part 135 un-less that descent rate will allow touch-down to occur within the touchdown zone of the runway of intended landing;
(2) The flight visibility is not less
than the visibility prescribed in the standard instrument approach being used; and
(3) Except for a Category II or Cat-
egory III approach where any necessary visual reference requirements are spec-ified by the Administrator, at least one of the following visual references for the intended runway is distinctly visi-ble and identifiable to the pilot:
(i) The approach light system, except
that the pilot may not descend below 100 feet above the touchdown zone ele-vation using the approach lights as a reference unless the red terminating bars or the red side row bars are also distinctly visible and identifiable.
(ii) The threshold.
(iii) The threshold markings. (iv) The threshold lights. (v) The runway end identifier lights. (vi) The visual glideslope indicator. (vii) The touchdown zone or touch-
down zone markings.
(viii) The touchdown zone lights. (ix) The runway or runway markings. (x) The runway lights. (d) Landing. No pilot operating an
aircraft, except a military aircraft of the United States, may land that air-craft when—
(1) For operations conducted under
§91.176 of this part, the requirements of paragraphs (a)(3)(iii) or (b)(3)(iii), as applicable, of that section are not met; or
(2) For all other operations under
this part and parts 121, 125, 129, and 135, the flight visibility is less than the vis-ibility prescribed in the standard in-strument approach procedure being used.
(e) Missed approach procedures. Each
pilot operating an aircraft, except a military aircraft of the United States, shall immediately execute an appro-priate missed approach procedure when
either of the following conditions exist:
(1) Whenever operating an aircraft
pursuant to paragraph (c) of this sec-tion or §91.176 of this part, and the re-quirements of that paragraph or sec-tion are not met at either of the fol-lowing times:
(i) When the aircraft is being oper-
ated below MDA; or
(ii) Upon arrival at the missed ap-
proach point, including a DA/DH where a DA/DH is specified and its use is re-quired, and at any time after that until touchdown.
(2) Whenever an identifiable part of
the airport is not distinctly visible to the pilot during a circling maneuver at or above MDA, unless the inability to see an identifiable part of the airport results only from a normal bank of the aircraft during the circling approach.
(f) Civil airport takeoff minimums. This
paragraph applies to persons operating an aircraft under part 121, 125, 129, or 135 of this chapter.
(1) Unless otherwise authorized by
the FAA, no pilot may takeoff from a civil airport under IFR unless the weather conditions at time of takeoff are at or above the weather minimums for IFR takeoff prescribed for that air-port under part 97 of this chapter.
(2) If takeoff weather minimums are
not prescribed under part 97 of this chapter for a particular airport, the following weather minimums apply to takeoffs under IFR:
(i) For aircraft, other than heli-
copters, having two engines or less—1 statute mile visibility.
(ii) For aircraft having more than
two engines—
1⁄2statute mile visibility.
(iii) For helicopters—1⁄2statute mile
visibility.
(3) Except as provided in paragraph
(f)(4) of this section, no pilot may take-off under IFR from a civil airport hav-ing published obstacle departure proce-dures (ODPs) under part 97 of this chapter for the takeoff runway to be used, unless the pilot uses such ODPs or an alternative procedure or route as-signed by air traffic control.
(4) Notwithstanding the requirements
of paragraph (f)(3) of this section, no pilot may takeoff from an airport under IFR unless:
720 14 CFR Ch. I (1–1–25 Edition) § 91.175
(i) For part 121 and part 135 opera-
tors, the pilot uses a takeoff obstacle clearance or avoidance procedure that ensures compliance with the applicable airplane performance operating limita-tions requirements under part 121, sub-part I or part 135, subpart I for takeoff at that airport; or
(ii) For part 129 operators, the pilot
uses a takeoff obstacle clearance or avoidance procedure that ensures com-pliance with the airplane performance operating limitations prescribed by the State of the operator for takeoff at that airport.
(g) Military airports. Unless otherwise
prescribed by the Administrator, each person operating a civil aircraft under IFR into or out of a military airport shall comply with the instrument ap-proach procedures and the takeoff and landing minimum prescribed by the military authority having jurisdiction of that airport.
(h) Comparable values of RVR and
ground visibility. (1) Except for Category
II or Category III minimums, if RVR minimums for takeoff or landing are prescribed in an instrument approach procedure, but RVR is not reported for the runway of intended operation, the RVR minimum shall be converted to ground visibility in accordance with the table in paragraph (h)(2) of this sec-tion and shall be the visibility min-imum for takeoff or landing on that runway.
(2)
RVR (feet) Visibility
(statute
miles)
1,600 ..................................................................1⁄4
2,400 ..................................................................1⁄2
3,200 ..................................................................5⁄8
4,000 ..................................................................3⁄4
4,500 ..................................................................7⁄8
5,000 .................................................................. 1
6,000 .................................................................. 11⁄4
(i) Operations on unpublished routes
and use of radar in instrument approach procedures. When radar is approved at
certain locations for ATC purposes, it may be used not only for surveillance and precision radar approaches, as ap-plicable, but also may be used in con-junction with instrument approach procedures predicated on other types of radio navigational aids. Radar vectors may be authorized to provide course guidance through the segments of an
approach to the final course or fix. When operating on an unpublished route or while being radar vectored, the pilot, when an approach clearance is received, shall, in addition to com-plying with §91.177, maintain the last altitude assigned to that pilot until the aircraft is established on a segment of a published route or instrument ap-proach procedure unless a different al-titude is assigned by ATC. After the aircraft is so established, published al-titudes apply to descent within each succeeding route or approach segment unless a different altitude is assigned by ATC. Upon reaching the final ap-proach course or fix, the pilot may ei-ther complete the instrument approach in accordance with a procedure ap-proved for the facility or continue a surveillance or precision radar ap-proach to a landing.
(j) Limitation on procedure turns. In
the case of a radar vector to a final ap-proach course or fix, a timed approach from a holding fix, or an approach for which the procedure specifies ‘‘No PT,’’ no pilot may make a procedure turn unless cleared to do so by ATC.
(k) ILS components. The basic compo-
nents of an ILS are the localizer, glide slope, and outer marker, and, when in-stalled for use with Category II or Cat-egory III instrument approach proce-dures, an inner marker. The following means may be used to substitute for the outer marker: Compass locator; precision approach radar (PAR) or air-port surveillance radar (ASR); DME, VOR, or nondirectional beacon fixes authorized in the standard instrument approach procedure; or a suitable RNAV system in conjunction with a fix identified in the standard instrument approach procedure. Applicability of, and substitution for, the inner marker for a Category II or III approach is de-termined by the appropriate 14 CFR part 97 approach procedure, letter of authorization, or operations specifica-tions issued to an operator.
[Docket 18334, 54 FR 34294, Aug. 18, 1989, as
amended by Amdt. 91–267, 66 FR 21066, Apr. 27, 2001; Amdt. 91–281, 69 FR 1640, Jan. 9, 2004; Amdt. 91–296, 72 FR 31678, June 7, 2007; Amdt. 91–306, 74 FR 20205, May 1, 2009; Docket FAA– 2013–0485, Amdt. 91–345, 81 FR 90172, Dec. 13, 2016; Amdt. 91–345B, 83 FR 10568, Mar. 12, 2018]
721 Federal Aviation Administration, DOT § 91.176
§ 91.176 Straight-in landing operations
below DA/DH or MDA using an en-hanced flight vision system (EFVS) under IFR.
(a) EFVS operations to touchdown and
rollout. Unless otherwise authorized by
the Administrator to use an MDA as a DA/DH with vertical navigation on an instrument approach procedure, or un-less paragraph (d) of this section ap-plies, no person may conduct an EFVS operation in an aircraft, except a mili-tary aircraft of the United States, at any airport below the authorized DA/ DH to touchdown and rollout unless the minimums used for the particular approach procedure being flown include a DA or DH, and the following require-ments are met:
(1) Equipment. (i) The aircraft must
be equipped with an operable EFVS that meets the applicable airworthi-ness requirements. The EFVS must:
(A) Have an electronic means to pro-
vide a display of the forward external scene topography (the applicable nat-ural or manmade features of a place or region especially in a way to show their relative positions and elevation) through the use of imaging sensors, in-cluding but not limited to forward- looking infrared, millimeter wave radiometry, millimeter wave radar, or low-light level image intensification.
(B) Present EFVS sensor imagery,
aircraft flight information, and flight symbology on a head up display, or an equivalent display, so that the im-agery, information and symbology are clearly visible to the pilot flying in his or her normal position with the line of vision looking forward along the flight path. Aircraft flight information and flight symbology must consist of at least airspeed, vertical speed, aircraft attitude, heading, altitude, height above ground level such as that pro-vided by a radio altimeter or other de-vice capable of providing equivalent performance, command guidance as ap-propriate for the approach to be flown, path deviation indications, flight path vector, and flight path angle reference cue. Additionally, for aircraft other than rotorcraft, the EFVS must dis-play flare prompt or flare guidance.
(C) Present the displayed EFVS sen-
sor imagery, attitude symbology, flight path vector, and flight path angle ref-erence cue, and other cues, which are
referenced to the EFVS sensor imagery and external scene topography, so that they are aligned with, and scaled to, the external view.
(D) Display the flight path angle ref-
erence cue with a pitch scale. The flight path angle reference cue must be selectable by the pilot to the desired descent angle for the approach and be sufficient to monitor the vertical flight path of the aircraft.
(E) Display the EFVS sensor im-
agery, aircraft flight information, and flight symbology such that they do not adversely obscure the pilot’s outside view or field of view through the cock-pit window.
(F) Have display characteristics, dy-
namics, and cues that are suitable for manual control of the aircraft to touchdown in the touchdown zone of the runway of intended landing and during rollout.
(ii) When a minimum flightcrew of
more than one pilot is required, the aircraft must be equipped with a dis-play that provides the pilot monitoring with EFVS sensor imagery. Any sym-bology displayed may not adversely ob-scure the sensor imagery of the runway environment.
(2) Operations. (i) The pilot con-
ducting the EFVS operation may not use circling minimums.
(ii) Each required pilot flightcrew
member must have adequate knowl-edge of, and familiarity with, the air-craft, the EFVS, and the procedures to be used.
(iii) The aircraft must be equipped
with, and the pilot flying must use, an operable EFVS that meets the equip-ment requirements of paragraph (a)(1) of this section.
(iv) When a minimum flightcrew of
more than one pilot is required, the pilot monitoring must use the display specified in paragraph (a)(1)(ii) to mon-itor and assess the safe conduct of the approach, landing, and rollout.
(v) The aircraft must continuously be
in a position from which a descent to a landing on the intended runway can be made at a normal rate of descent using normal maneuvers.
722 14 CFR Ch. I (1–1–25 Edition) § 91.176
(vi) The descent rate must allow
touchdown to occur within the touch-down zone of the runway of intended landing.
(vii) Each required pilot flightcrew
member must meet the following re-quirements—
(A) A person exercising the privileges
of a pilot certificate issued under this chapter, any person serving as a re-quired pilot flightcrew member of a U.S.-registered aircraft, or any person serving as a required pilot flightcrew member for a part 121, 125, or 135 oper-ator, must be qualified in accordance with part 61 and, as applicable, the training, testing, and qualification pro-visions of subpart K of this part, part 121, 125, or 135 of this chapter that apply to the operation; or
(B) Each person acting as a required
pilot flightcrew member for a foreign air carrier subject to part 129, or any person serving as a required pilot flightcrew member of a foreign reg-istered aircraft, must be qualified in accordance with the training require-ments of the civil aviation authority of the State of the operator for the EFVS operation to be conducted.
(viii) A person conducting operations
under this part must conduct the oper-ation in accordance with a letter of au-thorization for the use of EFVS unless the operation is conducted in an air-craft that has been issued an experi-mental certificate under §21.191 of this chapter for the purpose of research and development or showing compliance with regulations, or the operation is being conducted by a person otherwise authorized to conduct EFVS operations under paragraphs (a)(2)(ix) through (xii) of this section. A person applying to the FAA for a letter of authoriza-tion must submit an application in a form and manner prescribed by the Ad-
ministrator.
(ix) A person conducting operations
under subpart K of this part must con-duct the operation in accordance with management specifications authorizing the use of EFVS.
(x) A person conducting operations
under part 121, 129, or 135 of this chap-ter must conduct the operation in ac-cordance with operations specifications authorizing the use of EFVS. (xi) A person conducting operations
under part 125 of this chapter must conduct the operation in accordance with operations specifications author-izing the use of EFVS or, for a holder of a part 125 letter of deviation author-ity, a letter of authorization for the use of EFVS.
(xii) A person conducting an EFVS
operation during an authorized Cat-egory II or Category III operation must conduct the operation in accordance with operations specifications, man-agement specifications, or a letter of authorization authorizing EFVS oper-ations during authorized Category II or Category III operations.
(3) Visibility and visual reference re-
quirements. No pilot operating under
this section or §§121.651, 125.381, or 135.225 of this chapter may continue an approach below the authorized DA/DH and land unless:
(i) The pilot determines that the en-
hanced flight visibility observed by use of an EFVS is not less than the visi-bility prescribed in the instrument ap-proach procedure being used.
(ii) From the authorized DA/DH to
100 feet above the touchdown zone ele-vation of the runway of intended land-ing, any approach light system or both the runway threshold and the touch-down zone are distinctly visible and identifiable to the pilot using an EFVS.
(A) The pilot must identify the run-
way threshold using at least one of the following visual references—
(1) The beginning of the runway land-
ing surface;
(2) The threshold lights; or
(3) The runway end identifier lights.
(B) The pilot must identify the
touchdown zone using at least one of the following visual references—
(1) The runway touchdown zone land-
ing surface;
(2) The touchdown zone lights;
(3) The touchdown zone markings; or
(4) The runway lights.
(iii) At 100 feet above the touchdown
zone elevation of the runway of in-tended landing and below that altitude, the enhanced flight visibility using EFVS must be sufficient for one of the following visual references to be dis-tinctly visible and identifiable to the pilot—
723 Federal Aviation Administration, DOT § 91.176
(A) The runway threshold;
(B) The lights or markings of the
threshold;
(C) The runway touchdown zone land-
ing surface; or
(D) The lights or markings of the
touchdown zone.
(4) Additional requirements. The Ad-
ministrator may prescribe additional equipment, operational, and visibility and visual reference requirements to account for specific equipment charac-teristics, operational procedures, or ap-proach characteristics. These require-ments will be specified in an operator’s operations specifications, management specifications, or letter of authoriza-tion authorizing the use of EFVS.
(b) EFVS operations to 100 feet above
the touchdown zone elevation. Except as
specified in paragraph (d) of this sec-tion, no person may conduct an EFVS operation in an aircraft, except a mili-tary aircraft of the United States, at any airport below the authorized DA/ DH or MDA to 100 feet above the touch-down zone elevation unless the fol-lowing requirements are met:
(1) Equipment. (i) The aircraft must
be equipped with an operable EFVS that meets the applicable airworthi-ness requirements.
(ii) The EFVS must meet the require-
ments of paragraph (a)(1)(i)(A) through (F) of this section, but need not present flare prompt, flare guidance, or height above ground level.
(2) Operations. (i) The pilot con-
ducting the EFVS operation may not use circling minimums.
(ii) Each required pilot flightcrew
member must have adequate knowl-edge of, and familiarity with, the air-craft, the EFVS, and the procedures to be used.
(iii) The aircraft must be equipped
with, and the pilot flying must use, an operable EFVS that meets the equip-ment requirements of paragraph (b)(1) of this section.
(iv) The aircraft must continuously
be in a position from which a descent to a landing on the intended runway can be made at a normal rate of de-scent using normal maneuvers.
(v) For operations conducted under
part 121 or part 135 of this chapter, the descent rate must allow touchdown to occur within the touchdown zone of the
runway of intended landing.
(vi) Each required pilot flightcrew
member must meet the following re-quirements—
(A) A person exercising the privileges
of a pilot certificate issued under this chapter, any person serving as a re-quired pilot flightcrew member of a U.S.-registered aircraft, or any person serving as a required pilot flightcrew member for a part 121, 125, or 135 oper-ator, must be qualified in accordance with part 61 and, as applicable, the training, testing, and qualification pro-visions of subpart K of this part, part 121, 125, or 135 of this chapter that apply to the operation; or
(B) Each person acting as a required
pilot flightcrew member for a foreign air carrier subject to part 129, or any person serving as a required pilot flightcrew member of a foreign reg-istered aircraft, must be qualified in accordance with the training require-ments of the civil aviation authority of the State of the operator for the EFVS operation to be conducted.
(vii) A person conducting operations
under subpart K of this part must con-duct the operation in accordance with management specifications authorizing the use of EFVS.
(viii) A person conducting operations
under part 121, 129, or 135 of this chap-ter must conduct the operation in ac-cordance with operations specifications authorizing the use of EFVS.
(ix) A person conducting operations
under part 125 of this chapter must conduct the operation in accordance with operations specifications author-izing the use of EFVS or, for a holder of a part 125 letter of deviation author-ity, a letter of authorization for the use of EFVS.
(x) A person conducting an EFVS op-
eration during an authorized Category II or Category III operation must con-duct the operation in accordance with operations specifications, management specifications, or a letter of authoriza-tion authorizing EFVS operations dur-ing authorized Category II or Category III operations.
(3) Visibility and Visual Reference Re-
quirements. No pilot operating under
this section or §121.651, §125.381, or §135.225 of this chapter may continue
724 14 CFR Ch. I (1–1–25 Edition) § 91.177
an approach below the authorized MDA
or continue an approach below the au-thorized DA/DH and land unless:
(i) The pilot determines that the en-
hanced flight visibility observed by use of an EFVS is not less than the visi-bility prescribed in the instrument ap-proach procedure being used.
(ii) From the authorized MDA or DA/
DH to 100 feet above the touchdown zone elevation of the runway of in-tended landing, any approach light sys-tem or both the runway threshold and the touchdown zone are distinctly visi-ble and identifiable to the pilot using an EFVS.
(A) The pilot must identify the run-
way threshold using at least one of the following visual references–
(1) The beginning of the runway land-
ing surface;
(2) The threshold lights; or
(3) The runway end identifier lights.
(B) The pilot must identify the
touchdown zone using at least one of the following visual references—
(1) The runway touchdown zone land-
ing surface;
(2) The touchdown zone lights;
(3) The touchdown zone markings; or
(4) The runway lights.
(iii) At 100 feet above the touchdown
zone elevation of the runway of in-tended landing and below that altitude, the flight visibility must be sufficient for one of the following visual ref-erences to be distinctly visible and identifiable to the pilot without reli-ance on the EFVS—
(A) The runway threshold; (B) The lights or markings of the
threshold;
(C) The runway touchdown zone land-
ing surface; or
(D) The lights or markings of the
touchdown zone.
(4) Compliance Date. Beginning on
March 13, 2018, a person conducting an EFVS operation to 100 feet above the touchdown zone elevation must comply with the requirements of paragraph (b) of this section.
(c) Public aircraft certification and
training requirements. A public aircraft
operator, other than the U.S. military, may conduct an EFVS operation under paragraph (a) or (b) of this section only if: (1) The aircraft meets all of the civil
certification and airworthiness re-quirements of paragraph (a)(1) or (b)(1) of this section, as applicable to the EFVS operation to be conducted; and
(2) The pilot flightcrew member, or
any other person who manipulates the controls of an aircraft during an EFVS operation, meets the training, recent flight experience and refresher training requirements of §61.66 of this chapter applicable to EFVS operations.
(d) Exception for Experimental Aircraft.
The requirement to use an EFVS that meets the applicable airworthiness re-quirements specified in paragraphs (a)(1)(i), (a)(2)(iii), (b)(1)(i), and
(b)(2)(iii) of this section does not apply to operations conducted in an aircraft issued an experimental certificate under §21.191 of this chapter for the purpose of research and development or showing compliance with regulations, provided the Administrator has deter-mined that the operations can be con-ducted safely in accordance with oper-ating limitations issued for that pur-pose.
[Docket FAA–2013–0485, Amdt. 91–345, 81 FR
90172, Dec. 13, 2016; 82 FR 2193, Jan. 9, 2017]
§ 91.177 Minimum altitudes for IFR op-
erations.
(a) Operation of aircraft at minimum al-
titudes. Except when necessary for
takeoff or landing, or unless otherwise authorized by the FAA, no person may operate an aircraft under IFR below—
(1) The applicable minimum altitudes
prescribed in parts 95 and 97 of this chapter. However, if both a MEA and a MOCA are prescribed for a particular route or route segment, a person may operate an aircraft below the MEA down to, but not below, the MOCA, pro-vided the applicable navigation signals are available. For aircraft using VOR for navigation, this applies only when the aircraft is within 22 nautical miles of that VOR (based on the reasonable estimate by the pilot operating the air-craft of that distance); or
(2) If no applicable minimum altitude
is prescribed in parts 95 and 97 of this chapter, then—
(i) In the case of operations over an
area designated as a mountainous area in part 95 of this chapter, an altitude of 2,000 feet above the highest obstacle
725 Federal Aviation Administration, DOT § 91.181
within a horizontal distance of 4 nau-
tical miles from the course to be flown; or
(ii) In any other case, an altitude of
1,000 feet above the highest obstacle within a horizontal distance of 4 nau-tical miles from the course to be flown.
(b) Climb. Climb to a higher minimum
IFR altitude shall begin immediately after passing the point beyond which that minimum altitude applies, except that when ground obstructions inter-vene, the point beyond which that higher minimum altitude applies shall be crossed at or above the applicable MCA.
[Docket 18334, 54 FR 34294, Aug. 18, 1989, as
amended by Amdt. 91–296, 72 FR 31678, June 7, 2007; Amdt. 91–315, 75 FR 30690, June 2, 2010]
§ 91.179 IFR cruising altitude or flight
level.
Unless otherwise authorized by ATC,
the following rules apply—
(a) In controlled airspace. Each person
operating an aircraft under IFR in level cruising flight in controlled air-space shall maintain the altitude or flight level assigned that aircraft by ATC. However, if the ATC clearance as-signs ‘‘VFR conditions on-top,’’ that person shall maintain an altitude or flight level as prescribed by §91.159.
(b) In uncontrolled airspace. Except
while in a holding pattern of 2 minutes or less or while turning, each person operating an aircraft under IFR in level cruising flight in uncontrolled airspace shall maintain an appropriate altitude as follows:
(1) When operating below 18,000 feet
MSL and—
(i) On a magnetic course of zero de-
grees through 179 degrees, any odd thousand foot MSL altitude (such as 3,000, 5,000, or 7,000); or
(ii) On a magnetic course of 180 de-
grees through 359 degrees, any even thousand foot MSL altitude (such as 2,000, 4,000, or 6,000).
(2) When operating at or above 18,000
feet MSL but below flight level 290, and—
(i) On a magnetic course of zero de-
grees through 179 degrees, any odd flight level (such as 190, 210, or 230); or
(ii) On a magnetic course of 180 de-
grees through 359 degrees, any even flight level (such as 180, 200, or 220). (3) When operating at flight level 290
and above in non-RVSM airspace, and—
(i) On a magnetic course of zero de-
grees through 179 degrees, any flight level, at 4,000-foot intervals, beginning at and including flight level 290 (such as flight level 290, 330, or 370); or
(ii) On a magnetic course of 180 de-
grees through 359 degrees, any flight level, at 4,000-foot intervals, beginning at and including flight level 310 (such as flight level 310, 350, or 390).
(4) When operating at flight level 290
and above in airspace designated as Re-duced Vertical Separation Minimum (RVSM) airspace and—
(i) On a magnetic course of zero de-
grees through 179 degrees, any odd flight level, at 2,000-foot intervals be-ginning at and including flight level 290 (such as flight level 290, 310, 330, 350, 370, 390, 410); or
(ii) On a magnetic course of 180 de-
grees through 359 degrees, any even flight level, at 2000-foot intervals be-ginning at and including flight level 300
(such as 300, 320, 340, 360, 380, 400).
[Docket 18334, 54 FR 34294, Aug. 18, 1989, as
amended by Amdt. 91–276, 68 FR 61321, Oct. 27, 2003; 68 FR 70133, Dec. 17, 2003; Amdt. 91– 296, 72 FR 31679, June 7, 2007]
§ 91.180 Operations within airspace
designated as Reduced Vertical Separation Minimum airspace.
(a) Except as provided in paragraph
(b) of this section, no person may oper-ate a civil aircraft in airspace des-ignated as Reduced Vertical Separa-tion Minimum (RVSM) airspace unless:
(1) The operator and the operator’s
aircraft comply with the minimum standards of appendix G of this part; and
(2) The operator is authorized by the
Administrator or the country of reg-istry to conduct such operations.
(b) The Administrator may authorize
a deviation from the requirements of this section.
[Amdt. 91–276, 68 FR 70133, Dec. 17, 2003]
§ 91.181 Course to be flown.
Unless otherwise authorized by ATC,
no person may operate an aircraft within controlled airspace under IFR except as follows:
(a) On an ATS route, along the cen-
terline of that airway.
726 14 CFR Ch. I (1–1–25 Edition) § 91.183
(b) On any other route, along the di-
rect course between the navigational aids or fixes defining that route. How-ever, this section does not prohibit ma-neuvering the aircraft to pass well clear of other air traffic or the maneu-vering of the aircraft in VFR condi-tions to clear the intended flight path both before and during climb or de-scent.
[Docket 18334, 54 FR 34294, Aug. 18, 1989, as
amended by Amdt. 91–296, 72 FR 31679, June 7, 2007]
§ 91.183 IFR communications.
Unless otherwise authorized by ATC,
the pilot in command of each aircraft operated under IFR in controlled air-space must ensure that a continuous watch is maintained on the appropriate frequency and must report the fol-lowing as soon as possible—
(a) The time and altitude of passing
each designated reporting point, or the reporting points specified by ATC, ex-cept that while the aircraft is under radar control, only the passing of those reporting points specifically requested by ATC need be reported;
(b) Any unforecast weather condi-
tions encountered; and
(c) Any other information relating to
the safety of flight.
[Docket 18334, 54 FR 34294, Aug. 18, 1989, as
amended by Amdt. 91–296, 72 FR 31679, June 7, 2007]
§ 91.185 IFR operations: Two-way
radio communications failure.
(a) General. Unless otherwise author-
ized by ATC, each pilot who has two- way radio communications failure when operating under IFR shall comply with the rules of this section.
(b) VFR conditions. If the failure oc-
curs in VFR conditions, or if VFR con-ditions are encountered after the fail-ure, each pilot shall continue the flight under VFR and land as soon as prac-ticable.
(c) IFR conditions. If the failure oc-
curs in IFR conditions, or if paragraph (b) of this section cannot be complied with, each pilot shall continue the flight according to the following:
(1) Route. (i) By the route assigned in
the last ATC clearance received;
(ii) If being radar vectored, by the di-
rect route from the point of radio fail-ure to the fix, route, or airway speci-
fied in the vector clearance;
(iii) In the absence of an assigned
route, by the route that ATC has ad-vised may be expected in a further clearance; or
(iv) In the absence of an assigned
route or a route that ATC has advised may be expected in a further clearance, by the route filed in the flight plan.
(2) Altitude. At the highest of the fol-
lowing altitudes or flight levels for the route segment being flown:
(i) The altitude or flight level as-
signed in the last ATC clearance re-ceived;
(ii) The minimum altitude (con-
verted, if appropriate, to minimum flight level as prescribed in §91.121(c)) for IFR operations; or
(iii) The altitude or flight level ATC
has advised may be expected in a fur-ther clearance.
(3) Leave clearance limit. (i) When the
clearance limit is a fix from which an approach begins, commence descent or descent and approach as close as pos-sible to the expect-further-clearance time if one has been received, or if one has not been received, as close as pos-sible to the estimated time of arrival as calculated from the filed or amended (with ATC) estimated time en route.
(ii) If the clearance limit is not a fix
from which an approach begins, leave the clearance limit at the expect-fur-ther-clearance time if one has been re-ceived, or if none has been received, upon arrival over the clearance limit, and proceed to a fix from which an ap-proach begins and commence descent or descent and approach as close as possible to the estimated time of ar-rival as calculated from the filed or amended (with ATC) estimated time en route.
[Docket 18334, 54 FR 34294, Aug. 18, 1989;
Amdt. 91–211, 54 FR 41211, Oct. 5, 1989]
§ 91.187 Operation under IFR in con-
trolled airspace: Malfunction re-ports.
(a) The pilot in command of each air-
craft operated in controlled airspace under IFR shall report as soon as prac-tical to ATC any malfunctions of navi-gational, approach, or communication equipment occurring in flight.
727 Federal Aviation Administration, DOT § 91.189
(b) In each report required by para-
graph (a) of this section, the pilot in command shall include the—
(1) Aircraft identification; (2) Equipment affected; (3) Degree to which the capability of
the pilot to operate under IFR in the ATC system is impaired; and
(4) Nature and extent of assistance
desired from ATC.
§ 91.189 Category II and III operations:
General operating rules.
(a) No person may operate a civil air-
craft in a Category II or III operation unless—
(1) The flight crew of the aircraft
consists of a pilot in command and a second in command who hold the ap-propriate authorizations and ratings prescribed in §61.3 of this chapter;
(2) Each flight crewmember has ade-
quate knowledge of, and familiarity with, the aircraft and the procedures to be used; and
(3) The instrument panel in front of
the pilot who is controlling the aircraft has appropriate instrumentation for the type of flight control guidance sys-tem that is being used.
(b) Unless otherwise authorized by
the Administrator, no person may op-erate a civil aircraft in a Category II or Category III operation unless each ground component required for that op-eration and the related airborne equip-ment is installed and operating.
(c) Authorized DA/DH. For the pur-
pose of this section, when the approach procedure being used provides for and requires the use of a DA/DH, the au-thorized DA/DH is the highest of the following:
(1) The DA/DH prescribed by the ap-
proach procedure.
(2) The DA/DH prescribed for the
pilot in command.
(3) The DA/DH for which the aircraft
is equipped.
(d) Except as provided in §91.176 of
this part or unless otherwise author-ized by the Administrator, no pilot op-erating an aircraft in a Category II or Category III approach that provides and requires the use of a DA/DH may continue the approach below the au-thorized decision height unless the fol-lowing conditions are met: (1) The aircraft is in a position from
which a descent to a landing on the in-tended runway can be made at a nor-
mal rate of descent using normal ma-neuvers, and where that descent rate will allow touchdown to occur within the touchdown zone of the runway of intended landing.
(2) At least one of the following vis-
ual references for the intended runway is distinctly visible and identifiable to the pilot:
(i) The approach light system, except
that the pilot may not descend below 100 feet above the touchdown zone ele-vation using the approach lights as a reference unless the red terminating bars or the red side row bars are also distinctly visible and identifiable.
(ii) The threshold. (iii) The threshold markings. (iv) The threshold lights. (v) The touchdown zone or touch-
down zone markings.
(vi) The touchdown zone lights. (e) Except as provided in §91.176 of
this part or unless otherwise author-ized by the Administrator, each pilot operating an aircraft shall imme-diately execute an appropriate missed approach whenever, prior to touch-down, the requirements of paragraph (d) of this section are not met.
(f) No person operating an aircraft
using a Category III approach without decision height may land that aircraft except in accordance with the provi-sions of the letter of authorization issued by the Administrator.
(g) Paragraphs (a) through (f) of this
section do not apply to operations con-ducted by certificate holders operating under part 121, 125, 129, or 135 of this chapter, or holders of management specifications issued in accordance with subpart K of this part. Holders of operations specifications or manage-ment specifications may operate a civil aircraft in a Category II or Category III operation only in accordance with their operations specifications or man-agement specifications, as applicable.
[Docket 18334, 54 FR 34294, Aug. 18, 1989, as
amended by Amdt. 91–280, 68 FR 54560, Sept. 17, 2003; Amdt. 91–296, 72 FR 31679, June 7, 2007; Docket FAA–2013–0485, Amdt. 91–345, 81 FR 90175, Dec. 13, 2016]
728 14 CFR Ch. I (1–1–25 Edition) § 91.191
§ 91.191 Category II and Category III
manual.
(a) Except as provided in paragraph
(c) of this section, after August 4, 1997, no person may operate a U.S.-reg-istered civil aircraft in a Category II or a Category III operation unless—
(1) There is available in the aircraft a
current and approved Category II or Category III manual, as appropriate, for that aircraft;
(2) The operation is conducted in ac-
cordance with the procedures, instruc-tions, and limitations in the appro-priate manual; and
(3) The instruments and equipment
listed in the manual that are required for a particular Category II or Cat-egory III operation have been inspected and maintained in accordance with the maintenance program contained in the manual.
(b) Each operator must keep a cur-
rent copy of each approved manual at its principal base of operations and must make each manual available for inspection upon request by the Admin-istrator.
(c) This section does not apply to op-
erations conducted by a certificate holder operating under part 121 or part 135 of this chapter or a holder of man-agement specifications issued in ac-cordance with subpart K of this part.
[Docket 26933, 61 FR 34560, July 2, 1996, as
amended by Amdt. 91–280, 68 FR 54560, Sept. 17, 2003]
§ 91.193 Certificate of authorization
for certain Category II operations.
The Administrator may issue a cer-
tificate of authorization authorizing deviations from the requirements of §§91.189, 91.191, and 91.205(f) for the op-eration of small aircraft identified as Category A aircraft in §97.3 of this chapter in Category II operations if the Administrator finds that the proposed operation can be safely conducted under the terms of the certificate. Such authorization does not permit op-eration of the aircraft carrying persons or property for compensation or hire. §§ 91.195–91.199 [Reserved]
Subpart C—Equipment, Instru-
ment, and Certificate Re-quirements
SOURCE : Docket 18334, 54 FR 34304, Aug. 18,
1989, unless otherwise noted.
§ 91.201 [Reserved]
§ 91.203 Civil aircraft: Certifications
required.
(a) Except as provided in §91.715, no
person may operate a civil aircraft un-less it has within it the following:
(1) An appropriate and current air-
worthiness certificate. Each U.S. air-worthiness certificate used to comply with this subparagraph (except a spe-cial flight permit, a copy of the appli-cable operations specifications issued under §21.197(c) of this chapter, appro-priate sections of the air carrier man-ual required by parts 121 and 135 of this chapter containing that portion of the operations specifications issued under §21.197(c), or an authorization under §91.611) must have on it the registra-tion number assigned to the aircraft under part 47 or 48 of this chapter. However, the airworthiness certificate need not have on it an assigned special
identification number before 10 days after that number is first affixed to the aircraft. A revised airworthiness cer-tificate having on it an assigned spe-cial identification number, that has been affixed to an aircraft, may only be obtained upon application to the re-sponsible Flight Standards office.
(2) An effective U.S. registration cer-
tificate issued to its owner or, for oper-ation within the United States, the second copy of the Aircraft registra-tion Application as provided for in §47.31(c), a Certificate of Aircraft reg-istration as provided in part 48, or a registration certification issued under the laws of a foreign country.
(b) No person may operate a civil air-
craft unless the airworthiness certifi-cate required by paragraph (a) of this section or a special flight authoriza-tion issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.
(c) No person may operate an aircraft
with a fuel tank installed within the
729 Federal Aviation Administration, DOT § 91.205
passenger compartment or a baggage
compartment unless the installation was accomplished pursuant to part 43 of this chapter, and a copy of FAA Form 337 authorizing that installation is on board the aircraft.
(d) No person may operate a civil air-
plane (domestic or foreign) into or out of an airport in the United States un-less it complies with the fuel venting and exhaust emissions requirements of part 34 of this chapter.
[Docket 18334, 54 FR 34292, Aug. 18, 1989, as
amended by Amdt. 91–218, 55 FR 32861, Aug. 10, 1990; Amdt. 91–318, 75 FR 41983, July 20, 2010; Amdt. 91–338, 80 FR 78648, Dec. 16, 2015; Docket FAA–2018–0119, Amdt. 91–350, 83 FR 9171, Mar. 5, 2018; Docket FAA–2022–1355, Amdt. 91–366, 87 FR 75846, Dec. 9, 2022]
§ 91.205 Powered civil aircraft with
standard category U.S. airworthi-ness certificates: Instrument and
equipment requirements.
(a) General. Except as provided in
paragraphs (c)(3) and (e) of this section, no person may operate a powered civil aircraft with a standard category U.S. airworthiness certificate in any oper-ation described in paragraphs (b) through (f) of this section unless that aircraft contains the instruments and equipment specified in those para-graphs (or FAA-approved equivalents) for that type of operation, and those instruments and items of equipment are in operable condition.
(b) Visual-flight rules (day). For VFR
flight during the day, the following in-struments and equipment are required:
(1) Airspeed indicator. (2) Altimeter. (3) Magnetic direction indicator. (4) Tachometer for each engine. (5) Oil pressure gauge for each engine
using pressure system.
(6) Temperature gauge for each liq-
uid-cooled engine.
(7) Oil temperature gauge for each
air-cooled engine.
(8) Manifold pressure gauge for each
altitude engine.
(9) Fuel gauge indicating the quan-
tity of fuel in each tank.
(10) Landing gear position indicator,
if the aircraft has a retractable landing gear.
(11) For small civil airplanes certifi-
cated after March 11, 1996, in accord-ance with part 23 of this chapter, an approved aviation red or aviation white
anticollision light system. In the event of failure of any light of the anti-collision light system, operation of the aircraft may continue to a location where repairs or replacement can be made.
(12) If the aircraft is operated for hire
over water and beyond power-off glid-ing distance from shore, approved flo-tation gear readily available to each occupant and, unless the aircraft is op-erating under part 121 of this sub-chapter, at least one pyrotechnic sig-naling device. As used in this section, ‘‘shore’’ means that area of the land adjacent to the water which is above the high water mark and excludes land areas which are intermittently under water.
(13) An approved safety belt with an
approved metal-to-metal latching de-vice, or other approved restraint sys-tem for each occupant 2 years of age or older.
(14) For small civil airplanes manu-
factured after July 18, 1978, an ap-proved shoulder harness or restraint system for each front seat. For small civil airplanes manufactured after De-cember 12, 1986, an approved shoulder harness or restraint system for all seats. Shoulder harnesses installed at flightcrew stations must permit the flightcrew member, when seated and with the safety belt and shoulder har-ness fastened, to perform all functions necessary for flight operations. For purposes of this paragraph—
(i) The date of manufacture of an air-
plane is the date the inspection accept-ance records reflect that the airplane is complete and meets the FAA-approved type design data; and
(ii) A front seat is a seat located at a
flightcrew member station or any seat located alongside such a seat.
(15) An emergency locator trans-
mitter, if required by §91.207.
(16) [Reserved] (17) For rotorcraft manufactured
after September 16, 1992, a shoulder harness for each seat that meets the requirements of §27.2 or §29.2 of this chapter in effect on September 16, 1991.
(c) Visual flight rules (night). For VFR
flight at night, the following instru-ments and equipment are required:
730 14 CFR Ch. I (1–1–25 Edition) § 91.205
(1) Instruments and equipment speci-
fied in paragraph (b) of this section.
(2) Approved position lights. (3) An approved aviation red or avia-
tion white anticollision light system on all U.S.-registered civil aircraft. Anticollision light systems initially in-stalled after August 11, 1971, on aircraft for which a type certificate was issued or applied for before August 11, 1971, must at least meet the anticollision light standards of part 23, 25, 27, or 29 of this chapter, as applicable, that were in effect on August 10, 1971, except that the color may be either aviation red or aviation white. In the event of failure of any light of the anticollision light system, operations with the aircraft may be continued to a stop where re-pairs or replacement can be made.
(4) If the aircraft is operated for hire,
one electric landing light.
(5) An adequate source of electrical
energy for all installed electrical and radio equipment.
(6) One spare set of fuses, or three
spare fuses of each kind required, that are accessible to the pilot in flight.
(d) Instrument flight rules. For IFR
flight, the following instruments and equipment are required:
(1) Instruments and equipment speci-
fied in paragraph (b) of this section, and, for night flight, instruments and equipment specified in paragraph (c) of this section.
(2) Two-way radio communication
and navigation equipment suitable for the route to be flown.
(3) Gyroscopic rate-of-turn indicator,
except on the following aircraft:
(i) Airplanes with a third attitude in-
strument system usable through flight attitudes of 360 degrees of pitch and
roll and installed in accordance with the instrument requirements pre-scribed in §121.305(j) of this chapter; and
(ii) Rotorcraft with a third attitude
instrument system usable through flight attitudes of ±80 degrees of pitch
and ±120 degrees of roll and installed in
accordance with §29.1303(g) of this chapter.
(4) Slip-skid indicator. (5) Sensitive altimeter adjustable for
barometric pressure. (6) A clock displaying hours, min-
utes, and seconds with a sweep-second pointer or digital presentation.
(7) Generator or alternator of ade-
quate capacity.
(8) Gyroscopic pitch and bank indi-
cator (artificial horizon).
(9) Gyroscopic direction indicator (di-
rectional gyro or equivalent).
(e) Flight at and above 24,000 feet MSL
(FL 240). If VOR navigation equipment
is required under paragraph (d)(2) of this section, no person may operate a U.S.-registered civil aircraft within the 50 states and the District of Columbia at or above FL 240 unless that aircraft is equipped with approved DME or a suitable RNAV system. When the DME or RNAV system required by this para-graph fails at and above FL 240, the pilot in command of the aircraft must notify ATC immediately, and then may continue operations at and above FL 240 to the next airport of intended landing where repairs or replacement of the equipment can be made.
(f) Category II operations. The require-
ments for Category II operations are the instruments and equipment speci-fied in—
(1) Paragraph (d) of this section; and (2) Appendix A to this part. (g) Category III operations. The instru-
ments and equipment required for Cat-egory III operations are specified in paragraph (d) of this section.
(h) Night vision goggle operations. For
night vision goggle operations, the fol-lowing instruments and equipment must be installed in the aircraft, func-tioning in a normal manner, and ap-proved for use by the FAA:
(1) Instruments and equipment speci-
fied in paragraph (b) of this section, in-struments and equipment specified in paragraph (c) of this section;
(2) Night vision goggles; (3) Interior and exterior aircraft
lighting system required for night vi-sion goggle operations;
(4) Two-way radio communications
system;
(5) Gyroscopic pitch and bank indi-
cator (artificial horizon);
(6) Generator or alternator of ade-
quate capacity for the required instru-ments and equipment; and
(7) Radar altimeter.
731 Federal Aviation Administration, DOT § 91.207
(i) Exclusions. Paragraphs (f) and (g)
of this section do not apply to oper-ations conducted by a holder of a cer-tificate issued under part 121 or part 135 of this chapter.
[Docket 18334, 54 FR 34292, Aug. 18, 1989, as
amended by Amdt. 91–220, 55 FR 43310, Oct. 26, 1990; Amdt. 91–223, 56 FR 41052, Aug. 16, 1991; Amdt. 91–231, 57 FR 42672, Sept. 15, 1992; Amdt. 91–248, 61 FR 5171, Feb. 9, 1996; Amdt. 91–251, 61 FR 34560, July 2, 1996; Amdt. 91–285, 69 FR 77599, Dec. 27, 2004; Amdt. 91–296, 72 FR 31679, June 7, 2007; Amdt. 91–309, 74 FR 42563, Aug. 21, 2009; Docket FAA–2015–1621, Amdt. 91–346, 81 FR 96700, Dec. 30, 2016]
E
FFECTIVE DATE NOTE: Amendments to
§91.205 were published by Docket FAA–2023– 1275, Amdt. 60–8, 89 FR 92486, Nov. 21, 2024, ef-fective Jan. 21, 2025.
§ 91.207 Emergency locator transmit-
ters.
(a) Except as provided in paragraphs
(e) and (f) of this section, no person may operate a U.S.-registered civil air-plane unless—
(1) There is attached to the airplane
an approved automatic type emergency locator transmitter that is in operable condition for the following operations, except that after June 21, 1995, an emergency locator transmitter that meets the requirements of TSO-C91 may not be used for new installations:
(i) Those operations governed by the
supplemental air carrier and commer-cial operator rules of parts 121 and 125;
(ii) Charter flights governed by the
domestic and flag air carrier rules of part 121 of this chapter; and
(iii) Operations governed by part 135
of this chapter; or
(2) For operations other than those
specified in paragraph (a)(1) of this sec-tion, there must be attached to the air-plane an approved personal type or an approved automatic type emergency locator transmitter that is in operable condition, except that after June 21, 1995, an emergency locator transmitter that meets the requirements of TSO- C91 may not be used for new installa-tions.
(b) Each emergency locator trans-
mitter required by paragraph (a) of this section must be attached to the air-plane in such a manner that the prob-ability of damage to the transmitter in the event of crash impact is minimized. Fixed and deployable automatic type transmitters must be attached to the
airplane as far aft as practicable.
(c) Batteries used in the emergency
locator transmitters required by para-graphs (a) and (b) of this section must be replaced (or recharged, if the bat-teries are rechargeable)—
(1) When the transmitter has been in
use for more than 1 cumulative hour; or
(2) When 50 percent of their useful
life (or, for rechargeable batteries, 50 percent of their useful life of charge) has expired, as established by the transmitter manufacturer under its ap-proval.
The new expiration date for replacing
(or recharging) the battery must be legibly marked on the outside of the transmitter and entered in the aircraft maintenance record. Paragraph (c)(2) of this section does not apply to bat-teries (such as water-activated bat-teries) that are essentially unaffected during probable storage intervals.
(d) Each emergency locator trans-
mitter required by paragraph (a) of this section must be inspected within 12 calendar months after the last inspec-tion for—
(1) Proper installation; (2) Battery corrosion; (3) Operation of the controls and
crash sensor; and
(4) The presence of a sufficient signal
radiated from its antenna.
(e) Notwithstanding paragraph (a) of
this section, a person may—
(1) Ferry a newly acquired airplane
from the place where possession of it was taken to a place where the emer-gency locator transmitter is to be in-stalled; and
(2) Ferry an airplane with an inoper-
ative emergency locator transmitter from a place where repairs or replace-ments cannot be made to a place where they can be made.
No person other than required crew-
members may be carried aboard an air-plane being ferried under paragraph (e) of this section.
(f) Paragraph (a) of this section does
not apply to—
(1) Before January 1, 2004, turbojet-
powered aircraft;
(2) Aircraft while engaged in sched-
uled flights by scheduled air carriers;
732 14 CFR Ch. I (1–1–25 Edition) § 91.209
(3) Aircraft while engaged in training
operations conducted entirely within a 50-nautical mile radius of the airport from which such local flight operations began;
(4) Aircraft while engaged in flight
operations incident to design and test-ing;
(5) New aircraft while engaged in
flight operations incident to their man-ufacture, preparation, and delivery;
(6) Aircraft while engaged in flight
operations incident to the aerial appli-cation of chemicals and other sub-stances for agricultural purposes;
(7) Aircraft certificated by the Ad-
ministrator for research and develop-ment purposes;
(8) Aircraft while used for showing
compliance with regulations, crew training, exhibition, air racing, or mar-ket surveys;
(9) Aircraft equipped to carry not
more than one person.
(10) An aircraft during any period for
which the transmitter has been tempo-rarily removed for inspection, repair, modification, or replacement, subject to the following:
(i) No person may operate the air-
craft unless the aircraft records con-tain an entry which includes the date of initial removal, the make, model, se-rial number, and reason for removing the transmitter, and a placard located in view of the pilot to show ‘‘ELT not installed.’’
(ii) No person may operate the air-
craft more than 90 days after the ELT is initially removed from the aircraft; and
(11) On and after January 1, 2004, air-
craft with a maximum payload capac-ity of more than 18,000 pounds when used in air transportation.
[Docket 18334, 54 FR 34304, Aug. 18, 1989, as
amended by Amdt. 91–242, 59 FR 32057, June 21, 1994; 59 FR 34578, July 6, 1994; Amdt. 91– 265, 65 FR 81319, Dec. 22, 2000; 66 FR 16316, Mar. 23, 2001]
§ 91.209 Aircraft lights.
No person may:
(a) During the period from sunset to
sunrise (or, in Alaska, during the pe-riod a prominent unlighted object can-not be seen from a distance of 3 statute miles or the sun is more than 6 degrees below the horizon)— (1) Operate an aircraft unless it has
lighted position lights;
(2) Park or move an aircraft in, or in
dangerous proximity to, a night flight operations area of an airport unless the aircraft—
(i) Is clearly illuminated; (ii) Has lighted position lights; or (iii) is in an area that is marked by
obstruction lights;
(3) Anchor an aircraft unless the air-
craft—
(i) Has lighted anchor lights; or (ii) Is in an area where anchor lights
are not required on vessels; or
(b) Operate an aircraft that is
equipped with an anticollision light system, unless it has lighted anti-collision lights. However, the anti-collision lights need not be lighted when the pilot-in-command determines that, because of operating conditions, it would be in the interest of safety to turn the lights off.
[Docket 27806, 61 FR 5171, Feb. 9, 1996]
§ 91.211 Supplemental oxygen.
(a) General. No person may operate a
civil aircraft of U.S. registry—
(1) At cabin pressure altitudes above
12,500 feet (MSL) up to and including 14,000 feet (MSL) unless the required
minimum flight crew is provided with and uses supplemental oxygen for that part of the flight at those altitudes that is of more than 30 minutes dura-tion;
(2) At cabin pressure altitudes above
14,000 feet (MSL) unless the required minimum flight crew is provided with and uses supplemental oxygen during the entire flight time at those alti-tudes; and
(3) At cabin pressure altitudes above
15,000 feet (MSL) unless each occupant of the aircraft is provided with supple-mental oxygen.
(b) Pressurized cabin aircraft. (1) No
person may operate a civil aircraft of U.S. registry with a pressurized cabin—
(i) At flight altitudes above flight
level 250 unless at least a 10-minute supply of supplemental oxygen, in addi-tion to any oxygen required to satisfy paragraph (a) of this section, is avail-able for each occupant of the aircraft for use in the event that a descent is necessitated by loss of cabin pressur-ization; and
733 Federal Aviation Administration, DOT § 91.213
(ii) At flight altitudes above flight
level 350 unless one pilot at the con-trols of the airplane is wearing and using an oxygen mask that is secured and sealed and that either supplies ox-ygen at all times or automatically sup-plies oxygen whenever the cabin pres-sure altitude of the airplane exceeds 14,000 feet (MSL), except that the one pilot need not wear and use an oxygen mask while at or below flight level 410 if there are two pilots at the controls and each pilot has a quick-donning type of oxygen mask that can be placed on the face with one hand from the ready position within 5 seconds, sup-plying oxygen and properly secured and sealed.
(2) Notwithstanding paragraph
(b)(1)(ii) of this section, if for any rea-son at any time it is necessary for one pilot to leave the controls of the air-craft when operating at flight altitudes above flight level 350, the remaining pilot at the controls shall put on and use an oxygen mask until the other pilot has returned to that crew-member’s station.
§ 91.213 Inoperative instruments and
equipment.
(a) Except as provided in paragraph
(d) of this section, no person may take off an aircraft with inoperative instru-ments or equipment installed unless the following conditions are met:
(1) An approved Minimum Equipment
List exists for that aircraft.
(2) The aircraft has within it a letter
of authorization, issued by the respon-sible Flight Standards office, author-izing operation of the aircraft under the Minimum Equipment List. The let-ter of authorization may be obtained by written request of the airworthiness certificate holder. The Minimum Equipment List and the letter of au-thorization constitute a supplemental type certificate for the aircraft.
(3) The approved Minimum Equip-
ment List must—
(i) Be prepared in accordance with
the limitations specified in paragraph (b) of this section; and
(ii) Provide for the operation of the
aircraft with the instruments and equipment in an inoperable condition.
(4) The aircraft records available to
the pilot must include an entry de-scribing the inoperable instruments
and equipment.
(5) The aircraft is operated under all
applicable conditions and limitations contained in the Minimum Equipment List and the letter authorizing the use of the list.
(b) The following instruments and
equipment may not be included in a Minimum Equipment List:
(1) Instruments and equipment that
are either specifically or otherwise re-quired by the airworthiness require-ments under which the aircraft is type certificated and which are essential for safe operations under all operating conditions.
(2) Instruments and equipment re-
quired by an airworthiness directive to be in operable condition unless the air-worthiness directive provides other-wise.
(3) Instruments and equipment re-
quired for specific operations by this part.
(c) A person authorized to use an ap-
proved Minimum Equipment List issued for a specific aircraft under sub-part K of this part, part 121, 125, or 135 of this chapter must use that Minimum Equipment List to comply with the re-quirements in this section.
(d) Except for operations conducted
in accordance with paragraph (a) or (c) of this section, a person may takeoff an aircraft in operations conducted under this part with inoperative instruments and equipment without an approved Minimum Equipment List provided—
(1) The flight operation is conducted
in a—
(i) Rotorcraft, non-turbine-powered
airplane, glider, lighter-than-air air-craft, powered parachute, or weight- shift-control aircraft, for which a mas-ter minimum equipment list has not been developed; or
(ii) Small rotorcraft, nonturbine-
powered small airplane, glider, or lighter-than-air aircraft for which a Master Minimum Equipment List has been developed; and
(2) The inoperative instruments and
equipment are not—
(i) Part of the VFR-day type certifi-
cation instruments and equipment pre-scribed in the applicable airworthiness regulations under which the aircraft was type certificated;
734 14 CFR Ch. I (1–1–25 Edition) § 91.215
(ii) Indicated as required on the air-
craft’s equipment list, or on the Kinds of Operations Equipment List for the
kind of flight operation being con-ducted;
(iii) Required by §91.205 or any other
rule of this part for the specific kind of flight operation being conducted; or
(iv) Required to be operational by an
airworthiness directive; and
(3) The inoperative instruments and
equipment are—
(i) Removed from the aircraft, the
cockpit control placarded, and the maintenance recorded in accordance with §43.9 of this chapter; or
(ii) Deactivated and placarded ‘‘In-
operative.’’ If deactivation of the inop-erative instrument or equipment in-volves maintenance, it must be accom-plished and recorded in accordance with part 43 of this chapter; and
(4) A determination is made by a
pilot, who is certificated and appro-priately rated under part 61 of this chapter, or by a person, who is certifi-cated and appropriately rated to per-form maintenance on the aircraft, that the inoperative instrument or equip-ment does not constitute a hazard to the aircraft.
An aircraft with inoperative instru-
ments or equipment as provided in paragraph (d) of this section is consid-ered to be in a properly altered condi-tion acceptable to the Administrator.
(e) Notwithstanding any other provi-
sion of this section, an aircraft with in-operable instruments or equipment may be operated under a special flight permit issued in accordance with §§21.197 and 21.199 of this chapter.
[Docket 18334, 54 FR 34304, Aug. 18, 1989, as
amended by Amdt. 91–280, 68 FR 54560, Sept. 17, 2003; Amdt. 91–282, 69 FR 44880, July 27, 2004; Docket FAA–2018–0119, Amdt. 91–350, 83 FR 9171, Mar. 5, 2018]
§ 91.215 ATC transponder and altitude
reporting equipment and use.
(a) All airspace: U.S.-registered civil
aircraft. For operations not conducted
under part 121 or 135 of this chapter, ATC transponder equipment installed must meet the performance and envi-ronmental requirements of any class of TSO-C74b (Mode A) or any class of TSO-C74c (Mode A with altitude report-ing capability) as appropriate, or the
appropriate class of TSO-C112 (Mode S).
(b) All airspace. Unless otherwise au-
thorized or directed by ATC, and ex-cept as provided in paragraph (e)(1) of this section, no person may operate an aircraft in the airspace described in paragraphs (b)(1) through (5) of this section, unless that aircraft is equipped with an operable coded radar beacon transponder having either Mode A 4096 code capability, replying to Mode A in-terrogations with the code specified by ATC, or a Mode S capability, replying to Mode A interrogations with the code specified by ATC and Mode S interroga-tions in accordance with the applicable provisions specified in TSO–C112, and that aircraft is equipped with auto-matic pressure altitude reporting equipment having a Mode C capability that automatically replies to Mode C interrogations by transmitting pres-sure altitude information in 100-foot increments. The requirements of this paragraph (b) apply to—
(1) All aircraft. In Class A, Class B,
and Class C airspace areas;
(2) All aircraft. In all airspace within
30 nautical miles of an airport listed in
appendix D, section 1 of this part from the surface upward to 10,000 feet MSL;
(3) Notwithstanding paragraph (b)(2)
of this section, any aircraft which was not originally certificated with an en-gine-driven electrical system or which has not subsequently been certified with such a system installed, balloon or glider may conduct operations in the airspace within 30 nautical miles of an airport listed in appendix D, section 1 of this part provided such operations are conducted—
(i) Outside any Class A, Class B, or
Class C airspace area; and
(ii) Below the altitude of the ceiling
of a Class B or Class C airspace area designated for an airport or 10,000 feet MSL, whichever is lower; and
(4) All aircraft in all airspace above
the ceiling and within the lateral boundaries of a Class B or Class C air-space area designated for an airport up-ward to 10,000 feet MSL; and
(5) All aircraft except any aircraft
which was not originally certificated with an engine-driven electrical sys-tem or which has not subsequently
735 Federal Aviation Administration, DOT § 91.217
been certified with such a system in-
stalled, balloon, or glider—
(i) In all airspace of the 48 contiguous
states and the District of Columbia at and above 10,000 feet MSL, excluding the airspace at and below 2,500 feet above the surface; and
(ii) In the airspace from the surface
to 10,000 feet MSL within a 10-nautical- mile radius of any airport listed in ap-pendix D, section 2 of this part, exclud-ing the airspace below 1,200 feet outside of the lateral boundaries of the surface area of the airspace designated for that airport.
(c) Transponder-on operation. Except
as provided in paragraph (e)(2) of this section, while in the airspace as speci-fied in paragraph (b) of this section or in all controlled airspace, each person operating an aircraft equipped with an operable ATC transponder maintained in accordance with §91.413 shall operate the transponder, including Mode C equipment if installed, and shall reply on the appropriate code or as assigned by ATC, unless otherwise directed by ATC when transmitting would jeop-ardize the safe execution of air traffic control functions.
(d) ATC authorized deviations. Re-
quests for ATC authorized deviations must be made to the ATC facility hav-ing jurisdiction over the concerned air-space within the time periods specified as follows:
(1) For operation of an aircraft with
an operating transponder but without operating automatic pressure altitude reporting equipment having a Mode C capability, the request may be made at any time.
(2) For operation of an aircraft with
an inoperative transponder to the air-port of ultimate destination, including any intermediate stops, or to proceed to a place where suitable repairs can be made or both, the request may be made at any time.
(3) For operation of an aircraft that
is not equipped with a transponder, the request must be made at least one hour before the proposed operation.
(e) Unmanned aircraft. (1) The require-
ments of paragraph (b) of this section do not apply to a person operating an unmanned aircraft under this part un-less the operation is conducted under a flight plan and the person operating the unmanned aircraft maintains two-
way communication with ATC.
(2) No person may operate an un-
manned aircraft under this part with a transponder on unless:
(i) The operation is conducted under
a flight plan and the person operating the unmanned aircraft maintains two- way communication with ATC; or
(ii) The use of a transponder is other-
wise authorized by the Administrator.
(Approved by the Office of Management and
Budget under control number 2120–0005)
[Docket 18334, 54 FR 34304, Aug. 18, 1989, as
amended by Amdt. 91–221, 56 FR 469, Jan. 4, 1991; Amdt. 91–227, 56 FR 65660, Dec. 17, 1991; Amdt. 91–227, 7 FR 328, Jan. 3, 1992; Amdt. 91– 229, 57 FR 34618, Aug. 5, 1992; Amdt. 91–267, 66 FR 21066, Apr. 27, 2001; Amdt. 91–355, 84 FR 34287, July 18, 2019; Amdt. 91–361, 86 FR 4512, Jan. 15, 2021; Docket FAA–2023–1836, Amdt. 91–371, 88 FR 71476, Oct. 17, 2023]
§ 91.217 Data correspondence between
automatically reported pressure al-titude data and the pilot’s altitude reference.
(a) No person may operate any auto-
matic pressure altitude reporting equipment associated with a radar bea-con transponder—
(1) When deactivation of that equip-
ment is directed by ATC;
(2) Unless, as installed, that equip-
ment was tested and calibrated to transmit altitude data corresponding within 125 feet (on a 95 percent prob-ability basis) of the indicated or cali-brated datum of the altimeter nor-mally used to maintain flight altitude, with that altimeter referenced to 29.92 inches of mercury for altitudes from sea level to the maximum operating al-titude of the aircraft; or
(3) Unless the altimeters and
digitizers in that equipment meet the standards of TSO-C10b and TSO-C88, re-spectively.
(b) No person may operate any auto-
matic pressure altitude reporting equipment associated with a radar bea-con transponder or with ADS–B Out equipment unless the pressure altitude reported for ADS–B Out and Mode C/S is derived from the same source for air-craft equipped with both a transponder and ADS–B Out.
[Docket 18334, 54 FR 34304, Aug. 18, 1989, as
amended by Amdt. 91–314, 75 FR 30193, May 28, 2010]
736 14 CFR Ch. I (1–1–25 Edition) § 91.219
§ 91.219 Altitude alerting system or de-
vice: Turbojet-powered civil air-planes.
(a) Except as provided in paragraph
(d) of this section, no person may oper-ate a turbojet-powered U.S.-registered civil airplane unless that airplane is equipped with an approved altitude alerting system or device that is in op-erable condition and meets the require-ments of paragraph (b) of this section.
(b) Each altitude alerting system or
device required by paragraph (a) of this section must be able to—
(1) Alert the pilot— (i) Upon approaching a preselected
altitude in either ascent or descent, by a sequence of both aural and visual sig-nals in sufficient time to establish level flight at that preselected alti-tude; or
(ii) Upon approaching a preselected
altitude in either ascent or descent, by a sequence of visual signals in suffi-cient time to establish level flight at that preselected altitude, and when de-viating above and below that preselected altitude, by an aural sig-nal;
(2) Provide the required signals from
sea level to the highest operating alti-tude approved for the airplane in which it is installed;
(3) Preselect altitudes in increments
that are commensurate with the alti-tudes at which the aircraft is operated;
(4) Be tested without special equip-
ment to determine proper operation of the alerting signals; and
(5) Accept necessary barometric pres-
sure settings if the system or device operates on barometric pressure. How-ever, for operation below 3,000 feet AGL, the system or device need only provide one signal, either visual or aural, to comply with this paragraph. A radio altimeter may be included to provide the signal if the operator has an approved procedure for its use to de-termine DA/DH or MDA, as appro-priate.
(c) Each operator to which this sec-
tion applies must establish and assign procedures for the use of the altitude alerting system or device and each flight crewmember must comply with those procedures assigned to him.
(d) Paragraph (a) of this section does
not apply to any operation of an air-plane that has an experimental certifi-
cate or to the operation of any airplane for the following purposes:
(1) Ferrying a newly acquired air-
plane from the place where possession of it was taken to a place where the al-titude alerting system or device is to be installed.
(2) Continuing a flight as originally
planned, if the altitude alerting system or device becomes inoperative after the airplane has taken off; however, the flight may not depart from a place where repair or replacement can be made.
(3) Ferrying an airplane with any in-
operative altitude alerting system or device from a place where repairs or re-placements cannot be made to a place where it can be made.
(4) Conducting an airworthiness
flight test of the airplane.
(5) Ferrying an airplane to a place
outside the United States for the pur-pose of registering it in a foreign coun-try.
(6) Conducting a sales demonstration
of the operation of the airplane.
(7) Training foreign flight crews in
the operation of the airplane before ferrying it to a place outside the United States for the purpose of reg-istering it in a foreign country.
[Docket 18334, 54 FR 34304, Aug. 18, 1989, as
amended by Amdt. 91–296, 72 FR 31679, June 7, 2007]
§ 91.221 Traffic alert and collision
avoidance system equipment and use.
(a) All airspace: U.S.-registered civil
aircraft. Any traffic alert and collision
avoidance system installed in a U.S.- registered civil aircraft must be ap-proved by the Administrator.
(b) Traffic alert and collision avoidance
system, operation required. Each person
operating an aircraft equipped with an operable traffic alert and collision avoidance system shall have that sys-tem on and operating.
§ 91.223 Terrain awareness and warn-
ing system.
(a) Airplanes manufactured after March
29, 2002. Except as provided in para-
graph (d) of this section, no person may operate a turbine-powered U.S.-reg-istered airplane configured with six or
737 Federal Aviation Administration, DOT § 91.225
more passenger seats, excluding any
pilot seat, unless that airplane is equipped with an approved terrain awareness and warning system that as a minimum meets the requirements for Class B equipment in Technical Stand-ard Order (TSO)–C151.
(b) Airplanes manufactured on or before
March 29, 2002. Except as provided in
paragraph (d) of this section, no person may operate a turbine-powered U.S.- registered airplane configured with six or more passenger seats, excluding any pilot seat, after March 29, 2005, unless that airplane is equipped with an ap-proved terrain awareness and warning system that as a minimum meets the requirements for Class B equipment in Technical Standard Order (TSO)–C151.
(Approved by the Office of Management and
Budget under control number 2120–0631)
(c) Airplane Flight Manual. The Air-
plane Flight Manual shall contain ap-propriate procedures for—
(1) The use of the terrain awareness
and warning system; and
(2) Proper flight crew reaction in re-
sponse to the terrain awareness and warning system audio and visual warn-ings.
(d) Exceptions. Paragraphs (a) and (b)
of this section do not apply to—
(1) Parachuting operations when con-
ducted entirely within a 50 nautical mile radius of the airport from which such local flight operations began.
(2) Firefighting operations. (3) Flight operations when incident
to the aerial application of chemicals and other substances.
[Docket 29312, 65 FR 16755, Mar. 29, 2000]
§ 91.225 Automatic Dependent Surveil-
lance-Broadcast (ADS–B) Out equip-ment and use.
(a) After January 1, 2020, unless oth-
erwise authorized by ATC, no person may operate an aircraft in Class A air-space unless the aircraft has equipment installed that—
(1) Meets the performance require-
ments in–
(i) TSO–C166b and Section 2 of RTCA
DO–260B (as referenced in TSO–C166b); or
(ii) TSO–C166c and Section 2 of RTCA
DO–260C as modified by DO–260C— Change 1 (as referenced in TSO–C166c);
and
(2) Meets the requirements of §91.227. (b) After January 1, 2020, except as
prohibited in paragraph (h)(2) of this section or unless otherwise authorized by ATC, no person may operate an air-craft below 18,000 feet MSL and in air-space described in paragraph (d) of this section unless the aircraft has equip-ment installed that—
(1) Meets the performance require-
ments in—
(i) TSO–C166b and Section 2 of RTCA
DO–260B (as referenced in TSO–C166b);
(ii) TSO–C166c and Section 2 of RTCA
DO–260C as modified by DO–260C— Change 1 (as referenced in TSO–C166c);
(iii) TSO–C154c and Section 2 of
RTCA DO–282B (as referenced in TSO– C154c); or
(iv) TSO–C154d and Section 2 of
RTCA DO–282C (as referenced in TSO– C154d);
(2) Meets the requirements of §91.227. (c) Operators with equipment in-
stalled with an approved deviation under §21.618 of this chapter also are in compliance with this section.
(d) After January 1, 2020, except as
prohibited in paragraph (h)(2) of this section or unless otherwise authorized by ATC, no person may operate an air-craft in the following airspace unless the aircraft has equipment installed that meets the requirements in para-graph (b) of this section:
(1) Class B and Class C airspace areas; (2) Except as provided for in para-
graph (e) of this section, within 30 nau-tical miles of an airport listed in ap-pendix D, section 1 to this part from the surface upward to 10,000 feet MSL;
(3) Above the ceiling and within the
lateral boundaries of a Class B or Class C airspace area designated for an air-port upward to 10,000 feet MSL;
(4) Except as provided in paragraph
(e) of this section, Class E airspace within the 48 contiguous states and the District of Columbia at and above 10,000 feet MSL, excluding the airspace at and below 2,500 feet above the sur-face; and
(5) Class E airspace at and above 3,000
feet MSL over the Gulf of Mexico from the coastline of the United States out to 12 nautical miles.
738 14 CFR Ch. I (1–1–25 Edition) § 91.225
(e) The requirements of paragraph (b)
of this section do not apply to any air-craft that was not originally certifi-cated with an engine-driven electrical system, or that has not subsequently been certified with such a system in-stalled, including balloons and gliders. These aircraft may conduct operations without ADS–B Out in the airspace specified in paragraph (d)(4) of this sec-tion. These aircraft may also conduct operations in the airspace specified in paragraph (d)(2) of this section if those operations are conducted—
(1) Outside any Class B or Class C air-
space area; and
(2) Below the altitude of the ceiling
of a Class B or Class C airspace area designated for an airport, or 10,000 feet MSL, whichever is lower.
(f) Except as prohibited in paragraph
(h)(2) of this section, each person oper-ating an aircraft equipped with ADS–B Out must operate this equipment in the transmit mode at all times unless—
(1) Otherwise authorized by the FAA
when the aircraft is performing a sen-sitive government mission for national defense, homeland security, intel-ligence or law enforcement purposes and transmitting would compromise the operations security of the mission or pose a safety risk to the aircraft, crew, or people and property in the air or on the ground; or
(2) Otherwise directed by ATC when
transmitting would jeopardize the safe execution of air traffic control func-tions.
(g) Requests for ATC authorized devi-
ations from the requirements of this section must be made to the ATC facil-ity having jurisdiction over the con-cerned airspace within the time periods specified as follows:
(1) For operation of an aircraft with
an inoperative ADS–B Out, to the air-port of ultimate destination, including any intermediate stops, or to proceed to a place where suitable repairs can be made or both, the request may be made at any time.
(2) For operation of an aircraft that
is not equipped with ADS–B Out, the request must be made at least 1 hour before the proposed operation.
(h) For unmanned aircraft: (1) No person may operate an un-
manned aircraft under a flight plan and in two way communication with ATC
unless:
(i) That aircraft has equipment in-
stalled that meets the performance re-quirements in TSO–C166b (including Section 2 of RTCA DO–260B, as ref-erenced in TSO–C166b), TSO–C166c (in-cluding Section 2 of RTCA DO–260C as modified by DO–260C—Change 1, as ref-erenced in TSO–C166c), TSO–C154c (in-cluding Section 2 of RTCA DO–282B, as referenced in TSO–C154c), or TSO–C154d (including Section 2 of RTCA DO–282C, as referenced in TSO–C154d); and
(ii) The equipment meets the require-
ments of §91.227.
(2) No person may operate an un-
manned aircraft under this part with Automatic Dependent Surveillance- Broadcast Out equipment in transmit mode unless:
(i) The operation is conducted under
a flight plan and the person operating that unmanned aircraft maintains two- way communication with ATC; or
(ii) The use of ADS–B Out is other-
wise authorized by the Administrator.
(i) The standards required in this sec-
tion are incorporated by reference with the approval of the Director of the Of-fice of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. This in-corporation by reference (IBR) mate-rial is available for inspection at the FAA and the National Archives and Records Administration (NARA). Con-tact the FAA at: Office of Rulemaking (ARM–1), 800 Independence Avenue SW, Washington, DC 20590 (telephone 202– 267–9677). For information on the avail-ability of this material at NARA, visit https://www.archives.gov/federal-register/ cfr/ibr-locations.html or email
fr.inspection@nara.gov. This material is
also available from the following sources in this paragraph (i).
(1) U.S. Department of Transpor-
tation, Subsequent Distribution Office, DOT Warehouse M30, Ardmore East Business Center, 3341 Q 75th Avenue, Landover, MD 20785; telephone (301) 322–5377; website: www.faa.gov/aircraft/
airlcert/design lapprovals/tso/ (select
the link ‘‘Search Technical Standard Orders’’).
(i) TSO–C166b, Extended Squitter
Automatic Dependent Surveillance- Broadcast (ADS–B) and Traffic Infor-mation Service-Broadcast (TIS–B)
739 Federal Aviation Administration, DOT § 91.227
Equipment Operating on the Radio
Frequency of 1090 Megahertz (MHz), December 2, 2009.
(ii) TSO–C166c, Extended Squitter
Automatic Dependent Surveillance- Broadcast (ADS–B) and Traffic Infor-mation Service-Broadcast (TIS–B) Equipment Operating on the Radio Frequency of 1090 Megahertz (MHz), March 10, 2023.
(iii) TSO–C154c, Universal Access
Transceiver (UAT) Automatic Depend-ent Surveillance-Broadcast (ADS–B) Equipment Operating on the Frequency of 978 MHz, December 2, 2009.
(iv) TSO–C154d, Universal Access
Transceiver (UAT) Automatic Depend-ent Surveillance-Broadcast (ADS–B) Equipment Operating on the Radio Frequency of 978 Megahertz (MHz), March 10, 2023.
(2) RTCA, Inc., 1150 18th St. NW,
Suite 910, Washington, DC 20036; tele-phone (202) 833–9339; website: www.rtca.org/products.
(i) RTCA DO–260B, Minimum Oper-
ational Performance Standards for 1090 MHz Extended Squitter Automatic De-pendent Surveillance-Broadcast (ADS– B) and Traffic Information Services- Broadcast (TIS–B), Section 2, Equip-ment Performance Requirements and Test Procedures, December 2, 2009.
(ii) RTCA DO–260C, Minimum Oper-
ational Performance Standards for 1090 MHz Extended Squitter Automatic De-pendent Surveillance-Broadcast (ADS– B) and Traffic Information Services- Broadcast (TIS–B), Section 2, Equip-ment Performance Requirements and Test Procedures, December 17, 2020.
(iii) RTCA DO–260C, Minimum Oper-
ational Performance Standards for 1090 MHz Extended Squitter Automatic De-pendent Surveillance—Broadcast (ADS–B) and Traffic Information Serv-ices—Broadcast (TIS–B), Change 1, January 25, 2022.
(iv) RTCA DO–282B, Minimum Oper-
ational Performance Standards for Universal Access Transceiver (UAT) Automatic Dependent Surveillance- Broadcast (ADS–B), Section 2, Equip-ment Performance Requirements and Test Procedures, December 2, 2009.
(v) RTCA DO–282C, Minimum Oper-
ational Performance Standards (MOPS) for Universal Access Trans-ceiver (UAT) Automatic Dependent Surveillance-Broadcast (ADS–B), Sec-
tion 2, Equipment Performance Re-quirements and Test Procedures, June 23, 2022.
[Docket FAA–2007–29305, 75 FR 30193, May 28,
2010; Amdt. 91–314–A, 75 FR 37712, June 30,
2010, as amended by Amdt. 91–316, 75 FR 37712, June 30, 2010; Amdt. 91–336, 80 FR 6900, Feb. 9, 2015; Amdt. 91–336A, 80 FR 11537, Mar. 4, 2015; Amdt. 91–355, 84 FR 34287, July 18, 2019; Amdt. 91–361, 86 FR 4513, Jan. 15, 2021; Docket FAA–2023–1836, Amdt. 91–371, 88 FR 71476, Oct. 17, 2023; Amdt. 91–371B, 89 FR 33224, Apr. 29, 2024]
§ 91.227 Automatic Dependent Surveil-
lance-Broadcast (ADS–B) Out equip-ment performance requirements.
(a) Definitions. For the purposes of
this section:
ADS–B Out is a function of an air-
craft’s onboard avionics that periodi-cally broadcasts the aircraft’s state vector (3-dimensional position and 3-di-mensional velocity) and other required information as described in this sec-tion.
Navigation Accuracy Category for Posi-
tion (NAC
P) specifies the accuracy of a
reported aircraft’s position.
Navigation Accuracy Category for Ve-
locity (NAC V) specifies the accuracy of a
reported aircraft’s velocity.
Navigation Integrity Category (NIC)
specifies an integrity containment ra-dius around an aircraft’s reported posi-tion.
Position Source refers to the equip-
ment installed onboard an aircraft used to process and provide aircraft position (for example, latitude, longitude, and velocity) information.
Source Integrity Level (SIL) indicates
the probability of the reported hori-zontal position exceeding the contain-ment radius defined by the NIC on a per sample or per hour basis.
System Design Assurance (SDA) indi-
cates the probability of an aircraft malfunction causing false or mis-leading information to be transmitted.
Total latency is the total time be-
tween when the position is measured and when the position is transmitted by the aircraft.
Uncompensated latency is the time for
which the aircraft does not compensate for latency.
(b) 1090 MHz ES and UAT Broadcast
Links and Power Requirements —
740 14 CFR Ch. I (1–1–25 Edition) § 91.227
(1) Aircraft operating in Class A air-
space must have equipment installed that meets the antenna and power out-put requirements of Class A1S, A1, A2, A3, B1S, or B1 equipment as defined in TSO–C166b and Section 2 of RTCA DO– 260B (as referenced in TSO–C166b), or TSO–C166c and Section 2 of RTCA DO– 260C as modified by DO–260C—Change 1 (as referenced in TSO–C166c).
(2) Aircraft operating in airspace des-
ignated for ADS–B Out, but outside of Class A airspace, must have equipment installed that meets the antenna and output power requirements of either:
(i) Class A1S, A1, A2, A3, B1S, or B1
as defined in TSO–C166b and Section 2 of RTCA DO–260B (as referenced in TSO–C166b) or TSO–C166c and Section 2 of RTCA DO–260C as modified by DO– 260C—Change 1 (as referenced in TSO– C166c); or
(ii) Class A1S, A1H, A2, A3, B1S, or B1
equipment as defined in TSO–C154c and Section 2 of RTCA DO–282B (as ref-erenced in TSO–C154c), or TSO–C154d and Section 2 of RTCA DO–282C (as ref-erenced in TSO–C154d).
(c) ADS–B Out Performance Require-
ments for NAC
P,NAC V, NIC, SDA , and
SIL—
(1) For aircraft broadcasting ADS–B
Out as required under §91.225 (a) and (b)—
(i) The aircraft’s NAC
Pmust be less
than 0.05 nautical miles;
(ii) The aircraft’s NAC Vmust be less
than 10 meters per second;
(iii) The aircraft’s NIC must be less
than 0.2 nautical miles;
(iv) The aircraft’s SDA must be less
than or equal to 10¥5per flight hour;
and
(v) The aircraft’s SIL must be less
than or equal to 10¥7per flight hour or
per sample.
(2) Changes in NAC P, NAC V, SDA, and
SIL must be broadcast within 10 sec-onds.
(3) Changes in NIC must be broadcast
within 12 seconds.
(d) Minimum Broadcast Message Ele-
ment Set for ADS–B Out. Each aircraft
must broadcast the following informa-tion, as defined in TSO–C166b (includ-ing Section 2 of RTCA DO–260B, as ref-erenced in TSO–C166b), TSO–C166c (in-cluding Section 2 of RTCA DO–260C as modified by DO–260C—Change 1, as ref-erenced in TSO–C166c), TSO–C154c (in-
cluding Section 2 of RTCA DO–282B, as referenced in TSO–C154c), or TSO–C154d (including Section 2 of RTCA DO–282C, as referenced in TSO–C154d). The pilot must enter information for message elements listed in paragraphs (d)(7) through (10) of this section during the appropriate phase of flight.
(1) The length and width of the air-
craft;
(2) An indication of the aircraft’s
latitude and longitude;
(3) An indication of the aircraft’s bar-
ometric pressure altitude;
(4) An indication of the aircraft’s ve-
locity;
(5) An indication if a collision avoid-
ance system is installed and operating in a mode that can generate resolution advisory alerts;
(6) If an operable collision avoidance
system is installed, an indication if a resolution advisory is in effect;
(7) An indication of the Mode A
transponder code specified by ATC;
(8) An indication of the aircraft iden-
tification that is submitted on the flight plan or used for communicating with ATC, except when the pilot has not filed a flight plan, has not re-quested ATC services, and is using a TSO–C154c or TSO–C154d self-assigned temporary 24-bit address;
(9) An indication if the flightcrew has
identified an emergency, radio commu-nication failure, or unlawful inter-ference;
(10) An indication of the aircraft’s
‘‘IDENT’’ to ATC;
(11) An indication of the aircraft as-
signed ICAO 24-bit address, except when the pilot has not filed a flight plan, has not requested ATC services, and is using a TSO–C154c or TSO–C154d self-assigned temporary 24-bit address;
(12) An indication of the aircraft’s
emitter category;
(13) An indication of whether an
ADS–B In capability is available;
(14) An indication of the aircraft’s
geometric altitude;
(15) An indication of the Navigation
Accuracy Category for Position (NAC
P);
(16) An indication of the Navigation
Accuracy Category for Velocity (NAC
V);
741 Federal Aviation Administration, DOT § 91.227
(17) An indication of the Navigation
Integrity Category (NIC);
(18) An indication of the System De-
sign Assurance (SDA); and
(19) An indication of the Source In-
tegrity Level (SIL).
(e) ADS–B Latency Requirements —
(1) The aircraft must transmit its
geometric position no later than 2.0 seconds from the time of measurement of the position to the time of trans-mission.
(2) Within the 2.0 total latency allo-
cation, a maximum of 0.6 seconds can be uncompensated latency. The air-craft must compensate for any latency above 0.6 seconds up to the maximum 2.0 seconds total by extrapolating the geometric position to the time of mes-sage transmission.
(3) The aircraft must transmit its po-
sition and velocity at least once per second while airborne or while moving on the airport surface.
(4) The aircraft must transmit its po-
sition at least once every 5 seconds while stationary on the airport surface.
(f) Equipment with an approved devi-
ation. Operators with equipment in-
stalled with an approved deviation under §21.618 of this chapter also are in compliance with this section.
(g) Incorporation by reference. The
standards required in this section are incorporated by reference with the ap-proval of the Director of the Office of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. This incorpo-ration by reference (IBR) material is available for inspection at the FAA and the National Archives and Records Ad-ministration (NARA). Contact the FAA at: Office of Rulemaking (ARM–1), 800 Independence Avenue SW, Washington, DC 20590 (telephone 202–267–9677). For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr- locations.html or email
fr.inspection@nara.gov. This material is
also available from the following sources indicated in this paragraph (g).
(1) U.S. Department of Transpor-
tation, Subsequent Distribution Office, DOT Warehouse M30, Ardmore East Business Center, 3341 Q 75th Avenue, Landover, MD 20785; telephone (301) 322–5377; website: www.faa.gov/aircraft/
airlcert/design lapprovals/tso/ (select the link ‘‘Search Technical Standard
Orders’’).
(i) TSO–C166b, Extended Squitter
Automatic Dependent Surveillance- Broadcast (ADS–B) and Traffic Infor-mation Service-Broadcast (TIS–B) Equipment Operating on the Radio Frequency of 1090 Megahertz (MHz), December 2, 2009.
(ii) TSO–C166c, Extended Squitter
Automatic Dependent Surveillance- Broadcast (ADS–B) and Traffic Infor-mation Service-Broadcast (TIS–B) Equipment Operating on the Radio Frequency of 1090 Megahertz (MHz), March 10, 2023.
(iii) TSO–C154c, Universal Access
Transceiver (UAT) Automatic Depend-ent Surveillance-Broadcast (ADS–B) Equipment Operating on the Frequency of 978 MHz, December 2, 2009.
(iv) TSO–C154d, Universal Access
Transceiver (UAT) Automatic Depend-
ent Surveillance-Broadcast (ADS–B) Equipment Operating on the Radio Frequency of 978 Megahertz (MHz), March 10, 2023.
(2) RTCA, Inc., 1150 18th St. NW,
Suite 910, Washington, DC 20036; tele-phone (202) 833–9339; website: www.rtca.org/products.
(i) RTCA DO–260B, Minimum Oper-
ational Performance Standards for 1090 MHz Extended Squitter Automatic De-pendent Surveillance-Broadcast (ADS– B) and Traffic Information Services- Broadcast (TIS–B), Section 2, Equip-ment Performance Requirements and Test Procedures, December 2, 2009.
(ii) RTCA DO–260C, Minimum Oper-
ational Performance Standards for 1090 MHz Extended Squitter Automatic De-pendent Surveillance-Broadcast (ADS– B) and Traffic Information Services- Broadcast (TIS–B), Section 2, Equip-ment Performance Requirements and Test Procedures, December 17, 2020.
(iii) RTCA DO–260C, Minimum Oper-
ational Performance Standards for 1090 MHz Extended Squitter Automatic De-pendent Surveillance-Broadcast (ADS– B) and Traffic Information Services- Broadcast (TIS–B), Change 1, January 25, 2022.
(iv) RTCA DO–282B, Minimum Oper-
ational Performance Standards for Universal Access Transceiver (UAT) Automatic Dependent Surveillance-
742 14 CFR Ch. I (1–1–25 Edition) §§ 91.228–91.299
Broadcast (ADS–B), Section 2, Equip-
ment Performance Requirements and Test Procedures, December 2, 2009.
(v) RTCA DO–282C, Minimum Oper-
ational Performance Standards (MOPS) for Universal Access Trans-ceiver (UAT) Automatic Dependent Surveillance-Broadcast (ADS–B), Sec-tion 2, Equipment Performance Re-quirements and Test Procedures, June 23, 2022.
[Docket FAA–2007–29305, 75 FR 30194, May 28,
2010; Amdt. 91–314–A, 75 FR 37712, June 30, 2010, as amended by Amdt. 91–316, 75 FR 37712, June 30, 2010; Docket FAA–2023–1836, Amdt. 91–371, 88 FR 71477, Oct. 17, 2023]
§§ 91.228–91.299 [Reserved]
Subpart D—Special Flight
Operations
SOURCE : Docket 18334, 54 FR 34308, Aug. 18,
1989, unless otherwise noted.
§ 91.301 [Reserved]
§ 91.303 Aerobatic flight.
No person may operate an aircraft in
aerobatic flight—
(a) Over any congested area of a city,
town, or settlement;
(b) Over an open air assembly of per-
sons;
(c) Within the lateral boundaries of
the surface areas of Class B, Class C, Class D, or Class E airspace designated for an airport;
(d) Within 4 nautical miles of the
center line of any Federal airway;
(e) Below an altitude of 1,500 feet
above the surface; or
(f) When flight visibility is less than
3 statute miles.
For the purposes of this section, aero-
batic flight means an intentional ma-neuver involving an abrupt change in an aircraft’s attitude, an abnormal at-titude, or abnormal acceleration, not necessary for normal flight.
[Docket 18834, 54 FR 34308, Aug. 18, 1989, as
amended by Amdt. 91–227, 56 FR 65661, Dec. 17, 1991]
§ 91.305 Flight test areas.
No person may flight test an aircraft
except over open water, or sparsely populated areas, having light air traf-fic. § 91.307 Parachutes and parachuting.
(a) No pilot of a civil aircraft may
allow a parachute that is available for emergency use to be carried in that aircraft unless it is an approved type and has been packed by a certificated and appropriately rated parachute rig-ger—
(1) Within the preceding 180 days, if
its canopy, shrouds, and harness are composed exclusively of nylon, rayon, or other similar synthetic fiber or ma-terials that are substantially resistant to damage from mold, mildew, or other fungi and other rotting agents propa-gated in a moist environment; or
(2) Within the preceding 60 days, if
any part of the parachute is composed of silk, pongee, or other natural fiber or materials not specified in paragraph (a)(1) of this section.
(b) Except in an emergency, no pilot
in command may allow, and no person may conduct, a parachute operation from an aircraft within the United States except in accordance with part 105 of this chapter.
(c) Unless each occupant of the air-
craft is wearing an approved parachute, no pilot of a civil aircraft carrying any person (other than a crewmember) may execute any intentional maneuver that exceeds—
(1) A bank of 60 degrees relative to
the horizon; or
(2) A nose-up or nose-down attitude
of 30 degrees relative to the horizon.
(d) Paragraph (c) of this section does
not apply to—
(1) Flight tests for pilot certification
or rating; or
(2) Spins and other flight maneuvers
required by the regulations for any cer-tificate or rating when given by—
(i) A certificated flight instructor; or (ii) An airline transport pilot in-
structing in accordance with §61.67 of this chapter.
(e) For the purposes of this section,
approved parachute means—
(1) A parachute manufactured under
a type certificate or a technical stand-ard order (C–23 series); or
(2) A personnel-carrying military
parachute identified by an NAF, AAF, or AN drawing number, an AAF order
743 Federal Aviation Administration, DOT § 91.313
number, or any other military designa-
tion or specification number.
[Docket 18334, 54 FR 34308, Aug. 18, 1989, as
amended by Amdt. 91–255, 62 FR 68137, Dec. 30, 1997; Amdt. 91–268, 66 FR 23553, May 9, 2001; Amdt. 91–305, 73 FR 69530, Nov. 19, 2008]
§ 91.309 Towing: Gliders and
unpowered ultralight vehicles.
(a) No person may operate a civil air-
craft towing a glider or unpowered ultralight vehicle unless—
(1) The pilot in command of the tow-
ing aircraft is qualified under §61.69 of this chapter;
(2) The towing aircraft is equipped
with a tow-hitch of a kind, and in-stalled in a manner, that is approved by the Administrator;
(3) The towline used has breaking
strength not less than 80 percent of the maximum certificated operating weight of the glider or unpowered ultralight vehicle and not more than twice this operating weight. However, the towline used may have a breaking strength more than twice the max-imum certificated operating weight of the glider or unpowered ultralight ve-hicle if—
(i) A safety link is installed at the
point of attachment of the towline to the glider or unpowered ultralight ve-hicle with a breaking strength not less than 80 percent of the maximum cer-tificated operating weight of the glider or unpowered ultralight vehicle and not greater than twice this operating weight;
(ii) A safety link is installed at the
point of attachment of the towline to the towing aircraft with a breaking strength greater, but not more than 25 percent greater, than that of the safety link at the towed glider or unpowered ultralight vehicle end of the towline and not greater than twice the max-imum certificated operating weight of the glider or unpowered ultralight ve-hicle;
(4) Before conducting any towing op-
eration within the lateral boundaries of the surface areas of Class B, Class C, Class D, or Class E airspace designated for an airport, or before making each towing flight within such controlled airspace if required by ATC, the pilot in command notifies the control tower. If a control tower does not exist or is not in operation, the pilot in command
must notify the FAA flight service sta-tion serving that controlled airspace before conducting any towing oper-ations in that airspace; and
(5) The pilots of the towing aircraft
and the glider or unpowered ultralight vehicle have agreed upon a general course of action, including takeoff and release signals, airspeeds, and emer-gency procedures for each pilot.
(b) No pilot of a civil aircraft may in-
tentionally release a towline, after re-lease of a glider or unpowered ultra-light vehicle, in a manner that endan-gers the life or property of another.
[Docket 18834, 54 FR 34308, Aug. 18, 1989, as
amended by Amdt. 91–227, 56 FR 65661, Dec. 17, 1991; Amdt. 91–282, 69 FR 44880, July 27, 2004]
§ 91.311 Towing: Other than under
§ 91.309.
No pilot of a civil aircraft may tow
anything with that aircraft (other than under §91.309) except in accordance with the terms of a certificate of waiv-er issued by the Administrator.
§ 91.313 Restricted category civil air-
craft: Operating limitations.
(a) No person may operate a re-
stricted category civil aircraft—
(1) For other than the special purpose
for which it is certificated; or
(2) In an operation other than one
necessary to accomplish the work ac-tivity directly associated with that special purpose.
(b) For the purpose of paragraph (a)
of this section, the following oper-ations are considered necessary to ac-complish the work activity directly as-sociated with a special purpose oper-ation:
(1) Flights conducted for flight crew-
member training in a special purpose operation for which the aircraft is cer-tificated.
(2) Flights conducted to satisfy pro-
ficiency check and recent flight experi-ence requirements under part 61 of this chapter provided the flight crew-member holds the appropriate cat-egory, class, and type ratings and is employed by the operator to perform the appropriate special purpose oper-ation.
744 14 CFR Ch. I (1–1–25 Edition) § 91.313
(3) Flights conducted to relocate the
aircraft for delivery, repositioning, or maintenance.
(c) No person may operate a re-
stricted category civil aircraft car-rying persons or property for com-pensation or hire. For the purposes of this paragraph (c), a special purpose operation involving the carriage of per-sons or material necessary to accom-plish that operation, such as crop dust-ing, seeding, spraying, and banner tow-ing (including the carrying of required persons or material to the location of that operation), an operation for the purpose of providing flight crew-member training in a special purpose operation, and an operation conducted under the authority provided in para-graph (h) of this section are not consid-ered to be the carriage of persons or property for compensation or hire.
(d) No person may be carried on a re-
stricted category civil aircraft unless that person—
(1) Is a flight crewmember; (2) Is a flight crewmember trainee; (3) Performs an essential function in
connection with a special purpose oper-ation for which the aircraft is certifi-cated;
(4) Is necessary to accomplish the
work activity directly associated with that special purpose; or
(5) Is necessary to accomplish an op-
eration under paragraph (h) of this sec-tion.
(e) Except when operating in accord-
ance with the terms and conditions of a certificate of waiver or special oper-ating limitations issued by the Admin-istrator, no person may operate a re-stricted category civil aircraft within the United States—
(1) Over a densely populated area; (2) In a congested airway; or (3) Near a busy airport where pas-
senger transport operations are con-ducted.
(f) This section does not apply to
nonpassenger-carrying civil rotorcraft external-load operations conducted under part 133 of this chapter.
(g) No person may operate a small re-
stricted-category civil airplane manu-factured after July 18, 1978, unless an approved shoulder harness or restraint system is installed for each front seat. The shoulder harness or restraint sys-tem installation at each flightcrew sta-
tion must permit the flightcrew mem-ber, when seated and with the safety belt and shoulder harness fastened or the restraint system engaged, to per-form all functions necessary for flight operation. For purposes of this para-graph—
(1) The date of manufacture of an air-
plane is the date the inspection accept-ance records reflect that the airplane is complete and meets the FAA-approved type design data; and
(2) A front seat is a seat located at a
flight crewmember station or any seat located alongside such a seat.
(h)(1) An operator may apply for de-
viation authority from the provisions of paragraph (a) of this section to con-duct operations for the following pur-poses:
(i) Flight training and the practical
test for issuance of a type rating pro-vided—
(A) The pilot being trained and tested
holds at least a commercial pilot cer-tificate with the appropriate category and class ratings for the aircraft type;
(B) The pilot receiving flight training
is employed by the operator to perform a special purpose operation; and
(C) The flight training is conducted
by the operator who employs the pilot to perform a special purpose operation.
(ii) Flights to designate an examiner
or qualify an FAA inspector in the air-craft type and flights necessary to pro-vide continuing oversight and evalua-tion of an examiner.
(2) The FAA will issue this deviation
authority as a letter of deviation au-thority.
(3) The FAA may cancel or amend a
letter of deviation authority at any time.
(4) An applicant must submit a re-
quest for deviation authority in a form and manner acceptable to the Adminis-trator at least 60 days before the date of intended operations. A request for deviation authority must contain a complete description of the proposed operation and justification that estab-lishes a level of safety equivalent to
745 Federal Aviation Administration, DOT § 91.317
that provided under the regulations for
the deviation requested.
[Docket 18334, 54 FR 34308, Aug. 18, 1989, as
amended by Docket FAA–2015–1621, Amdt. 91– 346, 81 FR 96700, Dec. 30, 2016; Amdt. 60–6, 83 FR 30281, June 27, 2018]
§ 91.315 Limited category civil aircraft:
Operating limitations.
Except as provided in §91.326, no per-
son may operate a limited category
civil aircraft carrying persons or prop-erty for compensation or hire in oper-ations that:
(a) Require an air carrier or commer-
cial operator certificate issued under part 119 of this chapter;
(b) Are listed in §119.1(e) of this chap-
ter;
(c) Require management specifica-
tions for a fractional ownership pro-gram issued in accordance with subpart K of this part; or
(d) Are conducted under part 129, 133,
or 137 of this chapter.
[Docket FAA–2023–1351, Amdt. 91–378, 89 FR
80340, Oct. 2, 2024]
§ 91.317 Provisionally certificated civil
aircraft: Operating limitations.
(a) No person may operate a provi-
sionally certificated civil aircraft un-less that person is eligible for a provi-sional airworthiness certificate under §21.213 of this chapter.
(b) No person may operate a provi-
sionally certificated civil aircraft out-side the United States unless that per-son has specific authority to do so from the Administrator and each foreign country involved.
(c) Unless otherwise authorized by
the Executive Director, Flight Stand-ards Service, no person may operate a provisionally certificated civil aircraft in air transportation.
(d) Unless otherwise authorized by
the Administrator, no person may op-erate a provisionally certificated civil aircraft except—
(1) In direct conjunction with the
type or supplemental type certification of that aircraft;
(2) For training flight crews, includ-
ing simulated air carrier operations;
(3) Demonstration flight by the man-
ufacturer for prospective purchasers;
(4) Market surveys by the manufac-
turer; (5) Flight checking of instruments,
accessories, and equipment that do not affect the basic airworthiness of the aircraft; or
(6) Service testing of the aircraft. (e) Each person operating a provi-
sionally certificated civil aircraft shall operate within the prescribed limita-tions displayed in the aircraft or set forth in the provisional aircraft flight manual or other appropriate document. However, when operating in direct con-junction with the type or supplemental
type certification of the aircraft, that person shall operate under the experi-mental aircraft limitations of §21.191 of this chapter and when flight testing, shall operate under the requirements of §91.305 of this part.
(f) Each person operating a provision-
ally certificated civil aircraft shall es-tablish approved procedures for—
(1) The use and guidance of flight and
ground personnel in operating under this section; and
(2) Operating in and out of airports
where takeoffs or approaches over pop-ulated areas are necessary. No person may operate that aircraft except in compliance with the approved proce-dures.
(g) Each person operating a provi-
sionally certificated civil aircraft shall ensure that each flight crewmember is properly certificated and has adequate knowledge of, and familiarity with, the aircraft and procedures to be used by that crewmember.
(h) Each person operating a provi-
sionally certificated civil aircraft shall maintain it as required by applicable regulations and as may be specially prescribed by the Administrator.
(i) Whenever the manufacturer, or
the Administrator, determines that a change in design, construction, or oper-ation is necessary to ensure safe oper-ation, no person may operate a provi-sionally certificated civil aircraft until that change has been made and ap-proved. Section 21.99 of this chapter ap-plies to operations under this section.
(j) Each person operating a provision-
ally certificated civil aircraft—
(1) May carry in that aircraft only
persons who have a proper interest in the operations allowed by this section or who are specifically authorized by
746 14 CFR Ch. I (1–1–25 Edition) § 91.319
both the manufacturer and the Admin-
istrator; and
(2) Shall advise each person carried
that the aircraft is provisionally cer-tificated.
(k) The Administrator may prescribe
additional limitations or procedures that the Administrator considers nec-essary, including limitations on the number of persons who may be carried in the aircraft.
(Approved by the Office of Management and
Budget under control number 2120–0005)
[Docket 18334, 54 FR 34308, Aug. 18, 1989, as
amended by Amdt. 91–212, 54 FR 39293, Sept. 25, 1989; Docket FAA–2018–0119, Amdt. 91–350, 83 FR 9171, Mar. 5, 2018]
§ 91.319 Aircraft having experimental
certificates: Operating limitations.
(a) Except as provided in §91.326, no
person may operate an aircraft that has an experimental certificate—
(1) For other than the purpose for
which the certificate was issued; or
(2) Carrying persons or property for
compensation or hire in operations that:
(i) Require an air carrier or commer-
cial operator certificate issued under part 119 of this chapter;
(ii) Are listed in §119.1(e) of this
chapter;
(iii) Require management specifica-
tions for a fractional ownership pro-gram issued in accordance with subpart K of this part; or
(iv) Are conducted under part 129, 133,
or 137 of this chapter.
(b) No person may operate an aircraft
that has an experimental certificate outside of an area assigned by the Ad-ministrator until it is shown that—
(1) The aircraft is controllable
throughout its normal range of speeds and throughout all the maneuvers to be executed; and
(2) The aircraft has no hazardous op-
erating characteristics or design fea-tures.
(c) Unless otherwise authorized by
the Administrator in special operating limitations, no person may operate an aircraft that has an experimental cer-tificate over a densely populated area or in a congested airway. The Adminis-trator may issue special operating lim-itations for particular aircraft to per-mit takeoffs and landings to be con-ducted over a densely populated area or
in a congested airway, in accordance with terms and conditions specified in the authorization in the interest of safety in air commerce.
(d) Each person operating an aircraft
that has an experimental certificate shall—
(1) Advise each person carried of the
experimental nature of the aircraft;
(2) Operate under VFR, day only, un-
less otherwise specifically authorized by the Administrator; and
(3) Notify air traffic control of the
experimental nature of the aircraft when utilizing air traffic services.
(e) No person may operate a light-
sport aircraft that is issued an experi-mental certificate under §21.191 of this chapter for compensation or hire, ex-cept:
(1) A person may operate an aircraft
issued an experimental certificate under §21.191(i)(1) of this chapter to tow a glider that is a light-sport air-craft or unpowered ultralight vehicle in accordance with §91.309; or
(2) A person may operate a light-
sport aircraft issued an experimental certificate under §21.191 of this chapter to conduct operations authorized under §91.326.
(f) No person may lease a light-sport
aircraft that is issued an experimental certificate under §21.191 of this chap-ter, except—
(1) In accordance with paragraph
(e)(1) of this section; or
(2) To conduct a solo flight in accord-
ance with a training program included as part of the deviation authority spec-ified under §91.326(b).
(g) No person may operate an aircraft
issued an experimental certificate under §21.191(i)(1) of this chapter to tow a glider that is a light-sport air-craft or unpowered ultralight vehicle for compensation or hire or to conduct flight training for compensation or hire in an aircraft which that persons provides unless within the preceding 100 hours of time in service the aircraft has—
(1) Been inspected by a certificated
repairman (light-sport aircraft) with a maintenance rating, an appropriately rated mechanic, or an appropriately rated repair station in accordance with inspection procedures developed by the
747 Federal Aviation Administration, DOT § 91.323
aircraft manufacturer or a person ac-
ceptable to the FAA; or
(2) Received an inspection for the
issuance of an airworthiness certificate in accordance with part 21 of this chap-ter.
(h) [Reserved] (i) The Administrator may prescribe
additional limitations that the Admin-istrator considers necessary, including limitations on the persons that may be carried in the aircraft.
(j) No person may operate an aircraft
that has an experimental certificate under §61.113(i) of this chapter unless the aircraft is carrying not more than 7 occupants.
(Approved by the Office of Management and
Budget under control number 2120–0005)
[Docket 18334, 54 FR 34308, Aug. 18, 1989, as
amended by Amdt. 91–282, 69 FR 44881, July 27, 2004; Docket FAA–2016–9157, Amdt. 91–347, 82 FR 3167, Jan. 11, 2017; Docket FAA–2024– 2580, Amdt. 91–380, 89 FR 90578, Nov. 18, 2024; Docket FAA–2023–1351, Amdt. 91–378, 89 FR 80340, Oct. 2, 2024]
§ 91.321 Carriage of candidates in elec-
tions.
(a) As an aircraft operator, you may
receive payment for carrying a can-didate, agent of a candidate, or person traveling on behalf of a candidate, run-ning for Federal, State, or local elec-tion, without having to comply with the rules in parts 121, 125 or 135 of this chapter, under the following condi-tions:
(1) Your primary business is not as an
air carrier or commercial operator;
(2) You carry the candidate, agent, or
person traveling on behalf of a can-didate, under the rules of part 91; and
(3) By Federal, state or local law, you
are required to receive payment for carrying the candidate, agent, or per-son traveling on behalf of a candidate. For federal elections, the payment may not exceed the amount required by the Federal Election Commission. For a state or local election, the payment may not exceed the amount required under the applicable state or local law.
(b) For the purposes of this section,
for Federal elections, the terms can-
didate and election have the same mean-
ing as set forth in the regulations of the Federal Election Commission. For State or local elections, the terms can-didate and election have the same mean-
ing as provided by the applicable State or local law and those terms relate to candidates for election to public office in State and local government elec-tions.
[Docket FAA–2005–20168, 70 FR 4982, Jan. 31,
2005]
§ 91.323 Increased maximum certifi-
cated weights for certain airplanes operated in Alaska.
(a) Notwithstanding any other provi-
sion of the Federal Aviation Regula-tions, the Administrator will approve, as provided in this section, an increase in the maximum certificated weight of an airplane type certificated under Aeronautics Bulletin No. 7–A of the U.S. Department of Commerce dated January 1, 1931, as amended, or under the normal category of part 4a of the former Civil Air Regulations (14 CFR part 4a, 1964 ed.) if that airplane is op-erated in the State of Alaska by—
(1) A certificate holder conducting
operations under part 121 or part 135 of this chapter; or
(2) The U.S. Department of Interior
in conducting its game and fish law en-forcement activities or its manage-ment, fire detection, and fire suppres-sion activities concerning public lands.
(b) The maximum certificated weight
approved under this section may not exceed—
(1) 12,500 pounds; (2) 115 percent of the maximum
weight listed in the FAA aircraft speci-fications;
(3) The weight at which the airplane
meets the positive maneuvering load factor n, where n =2.1+(24,000/(W+10,000))
and W=design maximum takeoff weight, except that n need not be more than 3.8; or
(4) The weight at which the airplane
meets the climb performance require-ments under which it was type certifi-cated.
(c) In determining the maximum cer-
tificated weight, the Administrator considers the structural soundness of the airplane and the terrain to be tra-versed.
(d) The maximum certificated weight
determined under this section is added to the airplane’s operation limitations and is identified as the maximum
748 14 CFR Ch. I (1–1–25 Edition) § 91.325
weight authorized for operations with-
in the State of Alaska.
[Docket 18334, 54 FR 34308, Aug. 18, 1989;
Amdt. 91–211, 54 FR 41211, Oct. 5, 1989, as amended by Amdt. 91–253, 62 FR 13253, Mar. 19, 1997; Docket FAA–2015–1621, Amdt. 91–346, 81 FR 96700, Dec. 30, 2016]
§ 91.325 Primary category aircraft: Op-
erating limitations.
(a) Unless provided for in this sec-
tion, no person may operate a primary category aircraft carrying persons or property for compensation or hire in operations that:
(1) Require an air carrier or commer-
cial operator certificate issued under part 119 of this chapter;
(2) Are listed in §119.1(e) of this chap-
ter;
(3) Require management specifica-
tions for a fractional ownership pro-gram issued in accordance with subpart K of this part; or
(4) Are conducted under part 129, 133,
or 137 of this chapter.
(b) Except as provided in §91.326(c),
no person may operate a primary cat-egory aircraft that is maintained by the pilot-owner under an approved spe-cial inspection and maintenance pro-gram except—
(1) The pilot-owner; or (2) A designee of the pilot-owner, pro-
vided that the pilot-owner does not re-ceive compensation for the use of the aircraft.
(c) A primary category aircraft that
is maintained by an appropriately rated mechanic or an authorized cer-tificated repair station in accordance with the applicable provisions of part 43 of this chapter may be used to con-duct flight training, checking, and testing for compensation or hire.
[Docket FAA–2023–1351, Amdt. 91–378, 89 FR
80340, Oct. 2, 2024]
§ 91.326 Exception to operating certain
aircraft for the purposes of flight training, flightcrew member check-ing, or flightcrew member testing.
(a) General. Notwithstanding the pro-
hibitions in §§ 91.315, 91.319(a), and 91.325, a person may conduct flight training, checking, or testing in a lim-ited category aircraft, experimental aircraft, or primary category aircraft under the provisions of this section. (b) Operations requiring a letter of devi-
ation authority. Except as provided in
paragraphs (c) and (d) of this section, no person may conduct flight training, checking, or testing in a limited cat-egory or experimental aircraft without deviation authority issued under this paragraph (b).
(1) No person may operate under this
section without a letter of deviation authority (LODA) issued by the Admin-istrator.
(2) The FAA may deny an application
for a letter of deviation authority if it determines the deviation would not be in the interest of safety or is unneces-sary. The FAA may cancel or amend a letter of deviation authority if it deter-mines that the deviation holder has failed to comply with the conditions and limitations or at any time if the Administrator determines that the de-viation is no longer necessary or in the interest of safety.
(3) An applicant must submit a re-
quest for deviation authority in a form and manner acceptable to the Adminis-trator at least 60 days before the date of intended operations. A request for deviation authority must contain a complete description of the proposed operation that establishes a level of safety equivalent to that provided under the regulations for the deviation requested, including:
(i) A letter identifying the name and
address of the applicant;
(ii) The name and contact informa-
tion of the individual with ultimate re-sponsibility for operations authorized under the deviation authority;
(iii) Specific aircraft make(s),
model(s), registration number(s), and serial number(s) to be used;
(iv) Copies of each aircraft’s air-
worthiness certificate, including the FAA-issued operating limitations, if applicable;
(v) Ejection seat information, if ap-
plicable;
(vi) A detailed training program that
demonstrates the proposed activities will meet the intended training objec-tives;
(vii) A description of the applicant’s
process to determine whether a trainee has a specific need for formation or aerobatic training, or training leading to the issuance of an endorsement, if
749 Federal Aviation Administration, DOT § 91.326
those types of training are being re-
quested; and
(viii) Any other information that the
Administrator deems necessary to evaluate the application.
(4) The holder of a letter of deviation
authority must comply with any condi-tions and limitations provided in that letter of deviation authority. Unless otherwise authorized by the Adminis-trator, the deviation authority will in-clude the following conditions and lim-itations:
(i) The operator must use the air-
craft-specific flight and ground train-ing program for the training author-ized by the letter of deviation author-ity. Demonstration flights, discovery flights, experience flights, and other flights not related to the training pro-gram are not authorized.
(ii) As appropriate to the aircraft
being flown, all trainees must hold cat-egory and class ratings; a type rating, Authorized Experimental Aircraft au-thorization, or temporary Letter of Au-thorization; and endorsements listed in §61.31 of this chapter, as appropriate, with the following exceptions:
(A) Persons receiving gyroplane
training or training leading to the ini-tial issuance of a sport pilot certificate or flight instructor certificate with a sport pilot rating in a low mass, high drag aircraft with an empty weight less than 650 pounds and a V
H≤87 Knots
Calibrated Airspeed (KCAS) are not re-quired to hold category or class rat-ings. For training leading to an en-dorsement for additional sport pilot privileges, the pilot receiving the training must hold at least a sport pilot certificate with appropriate cat-egory and class ratings and endorse-ments issued under §61.31 of this chap-ter, as appropriate.
(B) Persons with a specific need to re-
ceive training toward the issuance of an endorsement are not required to hold the §61.31 of this chapter endorse-ment sought. Any endorsements being provided must be authorized in the LODA.
(C) Persons receiving jet unusual at-
titude and upset recovery training, limited category type rating training, or authorized experimental aircraft au-thorization training, if required for the type of aircraft being flown, are not re-quired to hold the applicable type rat-
ing, authorized experimental author-ization rating, or a temporary Letter
of Authorization prior to the com-mencement of training.
(D) For ultralight-style training, the
person receiving training is not re-quired to meet category and class rat-ings or §61.31 of this chapter endorse-ment requirements. However, if the flight training includes a solo flight segment, this does not relieve the per-son receiving training from the re-quirements of part 61, subpart C, of this chapter. This training is limited to a low mass, high drag aircraft with an empty weight less than 650 pounds and a maximum speed in level flight with maximum continuous power less than 87 KCAS.
(iii) If the aircraft is equipped with
ejection seats and systems, such sys-tems must be rigged, maintained, and inspected in accordance with the man-ufacturer’s recommendations. Before providing training in aircraft equipped with operable ejection systems, wheth-er armed or not armed, all aircraft oc-cupants must complete a course of ejection seat training.
(iv) When conducting spin and upset
training, the operator must maintain a minimum recovery altitude of 6,000 feet above ground level unless the Adminis-trator authorizes a lower altitude.
(v) A copy of the LODA must be car-
ried on board the aircraft during flight training conducted under the LODA.
(vi) The LODA holder must keep a
record of the training given for a pe-riod of 36 calendar months from the completion date of the training. The authorized instructor must sign the trainee’s training record certifying that the flight training or ground training was given. The training record must include the following:
(A) The name and certificate number
(if applicable) of the trainee;
(B) The name, signature, and certifi-
cate number of the instructor;
(C) The date trained; (D) The training received; (E) The trainee’s specific need for
training, if applicable.
(vii) Notwithstanding §43.1(b) of this
chapter or §91.409(c)(1), all aircraft must:
750 14 CFR Ch. I (1–1–25 Edition) § 91.326
(A) Except for turbine powered or
large aircraft, within the preceding 100 hours of time in service, have received an annual, 100-hour, or condition in-spection equivalent to the scope and detail of appendix D to part 43 of this chapter and been approved for return to service in accordance with part 43. The 100-hour limitation may be exceed-ed by not more than 10 hours while enroute to reach a place where the in-spection can be done. The excess time used to reach a place where the inspec-
tion can be done must be included in computing the next 100 hours of time in service; or
(B) Except for turbine powered or
large aircraft, be inspected in accord-ance with an FAA-approved inspection program that includes provisions for ensuring continued airworthiness and recording the current status on life- limited parts and in accordance with the manufacturer’s instructions.
(C) For turbine-powered or large air-
craft, be inspected in accordance with an FAA-approved inspection program that meets the scope and detail of the requirements of §91.409(e), (f)(4), and (g) for ensuring continued airworthiness and recording time remaining on life- limited parts in accordance with the manufacturer’s instructions.
(viii) Notwithstanding any exception
due to the experimental airworthiness certification of the aircraft, LODA holders with experimental aircraft must comply with FAA Airworthiness Directives applicable to any cor-responding make or model aircraft holding a different type of airworthi-ness certificate or applicable to any ar-ticle installed on the aircraft. The LODA holder must evaluate the air-craft and its articles to determine if compliance with the FAA Airworthi-ness Directive is necessary for the con-tinued safe operation of the aircraft. LODA holders must keep a mainte-nance record entry of those FAA Air-worthiness Directives evaluated. For those FAA Airworthiness Directives for which the LODA holder determined compliance was necessary for the con-tinued safe operation of the aircraft, the record must also include the meth-od of compliance, and if the FAA Air-worthiness Directive requires recurring action, the time and date when the
next action is required.
(5) Only the following persons may be
on board the aircraft during operations conducted under the deviation author-ity:
(i) The authorized instructor, des-
ignated examiner, person receiving flight training or being checked or tested, or persons essential for the safe operation of the aircraft; and
(ii) Notwithstanding any operating
limitation applicable under §91.9(a) that prohibits the carriage of pas-sengers for compensation or hire, up to two persons enrolled in a LODA train-ing course for the same aircraft may observe the flight training from a
forwardmost observer seat with an un-obstructed view of the flight deck, pro-vided carriage of those persons is not prohibited by any other regulation.
(6) The Administrator may limit the
types of training, testing, and checking authorized under this deviation author-ity. Training, testing, and checking under this deviation authority must be conducted consistent with the training program submitted for FAA review.
(c) Operations not requiring a letter of
deviation authority. The following oper-
ations may be conducted without a let-ter of deviation authority.
(1) An authorized instructor, reg-
istered owner, lessor, or lessee of an aircraft is not required to obtain a let-ter of deviation authority from the Ad-ministrator to allow, conduct, or re-ceive flight training, checking, or test-ing in a limited category aircraft, ex-perimental aircraft, or primary cat-egory aircraft if—
(i) The authorized instructor is not
providing both the training and the aircraft;
(ii) No person advertises or broadly
offers the aircraft as available for flight training, checking, or testing; and
(iii) No person receives compensation
for the use of the aircraft for any flight during which flight training, checking, or testing was received, other than ex-penses for owning, operating, and maintaining the aircraft. Compensa-tion for the use of the aircraft for prof-it is prohibited.
751 Federal Aviation Administration, DOT § 91.327
(2) A person may operate a limited
category aircraft, experimental air-craft, or primary category aircraft to conduct flight training, checking, or testing without a letter of deviation authority if no person provides and no person receives compensation for the flight training, checking, or testing, or for the use of the aircraft.
(d) Previously issued letters of deviation
authority. For deviation authority
issued under §91.319 prior to December 2, 2024, the following requirements apply—
(1) The deviation holder may con-
tinue to operate under the letter of de-viation authority until December 1, 2026;
(2) The deviation holder must con-
tinue to comply with the conditions and limitations in the letter of devi-ation authority when conducting an operation under the letter of deviation authority in accordance with para-graph (b)(1) of this section;
(3) The letter of deviation authority
may be cancelled or amended at any time; and
(4) The letter of deviation authority
terminates on December 1, 2026.
[Docket FAA–2023–1351, Amdt. 91–378, 89 FR
80341, Oct. 2, 2024]
§ 91.327 Aircraft having a special air-
worthiness certificate in the light- sport category: Operating limita-tions.
(a) No person may operate an aircraft
that has a special airworthiness certifi-cate in the light-sport category for compensation or hire except—
(1) To tow a glider or an unpowered
ultralight vehicle in accordance with §91.309 of this chapter; or
(2) To conduct flight training, check-
ing, and testing.
(b) No person may operate an aircraft
that has a special airworthiness certifi-cate in the light-sport category un-less—
(1) The aircraft is maintained by a
certificated repairman with a light- sport aircraft maintenance rating, an appropriately rated mechanic, or an appropriately rated repair station in accordance with the applicable provi-sions of part 43 of this chapter and maintenance and inspection procedures developed by the aircraft manufacturer
or a person acceptable to the FAA;
(2) A condition inspection is per-
formed once every 12 calendar months by a certificated repairman (light-sport aircraft) with a maintenance rating, an appropriately rated mechanic, or an appropriately rated repair station in accordance with inspection procedures developed by the aircraft manufacturer or a person acceptable to the FAA;
(3) The owner or operator complies
with all applicable airworthiness direc-tives;
(4) The owner or operator complies
with each safety directive applicable to the aircraft that corrects an existing unsafe condition. In lieu of complying with a safety directive an owner or op-erator may—
(i) Correct the unsafe condition in a
manner different from that specified in the safety directive provided the per-
son issuing the directive concurs with the action; or
(ii) Obtain an FAA waiver from the
provisions of the safety directive based on a conclusion that the safety direc-tive was issued without adhering to the applicable consensus standard;
(5) Each alteration accomplished
after the aircraft’s date of manufacture meets the applicable and current con-sensus standard and has been author-ized by either the manufacturer or a person acceptable to the FAA;
(6) Each major alteration to an air-
craft product produced under a con-sensus standard is authorized, per-formed and inspected in accordance with maintenance and inspection pro-cedures developed by the manufacturer or a person acceptable to the FAA; and
(7) The owner or operator complies
with the requirements for the record-ing of major repairs and major alter-ations performed on type-certificated products in accordance with §43.9(d) of this chapter, and with the retention re-quirements in §91.417.
(c) No person may operate an aircraft
issued a special airworthiness certifi-cate in the light-sport category to tow a glider or unpowered ultralight vehi-cle for compensation or hire or conduct flight training for compensation or hire in an aircraft which that persons provides unless within the preceding
752 14 CFR Ch. I (1–1–25 Edition) §§ 91.328–91.399
100 hours of time in service the aircraft
has—
(1) Been inspected by a certificated
repairman with a light-sport aircraft maintenance rating, an appropriately rated mechanic, or an appropriately rated repair station in accordance with inspection procedures developed by the aircraft manufacturer or a person ac-ceptable to the FAA and been approved for return to service in accordance with part 43 of this chapter; or
(2) Received an inspection for the
issuance of an airworthiness certificate in accordance with part 21 of this chap-ter.
(d) Each person operating an aircraft
issued a special airworthiness certifi-cate in the light-sport category must operate the aircraft in accordance with the aircraft’s operating instructions, including any provisions for necessary operating equipment specified in the aircraft’s equipment list.
(e) Each person operating an aircraft
issued a special airworthiness certifi-cate in the light-sport category must advise each person carried of the spe-cial nature of the aircraft and that the aircraft does not meet the airworthi-ness requirements for an aircraft issued a standard airworthiness certifi-cate.
(f) The FAA may prescribe additional
limitations that it considers necessary.
[Docket FAA–2001–11133, 69 FR 44881, July 27,
2004, as amended by Docket FAA–2023–1351, Amdt. 91–378, 89 FR 80342, Oct. 2, 2024]
§§ 91.328–91.399 [Reserved]
Subpart E—Maintenance, Preven-
tive Maintenance, and Alter-ations
SOURCE : Docket 18334, 54 FR 34311, Aug. 18,
1989, unless otherwise noted.
§ 91.401 Applicability.
(a) This subpart prescribes rules gov-
erning the maintenance, preventive maintenance, and alterations of U.S.-
registered civil aircraft operating with-in or outside of the United States.
(b) Sections 91.405, 91.409, 91.411,
91.417, and 91.419 of this subpart do not apply to an aircraft maintained in ac-cordance with a continuous airworthi-ness maintenance program as provided in part 121, 129, or §§91.1411 or
135.411(a)(2) of this chapter.
(c) Sections 91.405 and 91.409 of this
part do not apply to an airplane in-spected in accordance with part 125 of this chapter.
[Docket 18334, 54 FR 34311, Aug. 18, 1989, as
amended by Amdt. 91–267, 66 FR 21066, Apr. 27, 2001; Amdt. 91–280, 68 FR 54560, Sept. 17, 2003]
§ 91.403 General.
(a) The owner or operator of an air-
craft is primarily responsible for main-taining that aircraft in an airworthy
condition, including compliance with part 39 of this chapter.
(b) No person may perform mainte-
nance, preventive maintenance, or al-terations on an aircraft other than as prescribed in this subpart and other ap-plicable regulations, including part 43 of this chapter.
(c) No person may operate an aircraft
for which a manufacturer’s mainte-nance manual or instructions for con-tinued airworthiness has been issued that contains an airworthiness limita-tions section unless the mandatory re-placement times, inspection intervals, and related procedures specified in that section or alternative inspection inter-vals and related procedures set forth in an operations specification approved by the Administrator under part 121 or 135 of this chapter or in accordance with an inspection program approved under §91.409(e) have been complied with.
(d) A person must not alter an air-
craft based on a supplemental type cer-tificate unless the owner or operator of the aircraft is the holder of the supple-mental type certificate, or has written permission from the holder.
[Docket 18334, 54 FR 34311, Aug. 18, 1989, as
amended by Amdt. 91–267, 66 FR 21066, Apr. 27, 2001; Amdt. 91–293, 71 FR 56005, Sept. 26, 2006]
§ 91.405 Maintenance required.
Each owner or operator of an air-
craft—
(a) Shall have that aircraft inspected
as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of
753 Federal Aviation Administration, DOT § 91.409
this section, have discrepancies re-
paired as prescribed in part 43 of this chapter;
(b) Shall ensure that maintenance
personnel make appropriate entries in the aircraft maintenance records indi-cating the aircraft has been approved for return to service;
(c) Shall have any inoperative instru-
ment or item of equipment, permitted to be inoperative by §91.213(d)(2) of this part, repaired, replaced, removed, or inspected at the next required inspec-tion; and
(d) When listed discrepancies include
inoperative instruments or equipment, shall ensure that a placard has been in-stalled as required by §43.11 of this chapter.
§ 91.407 Operation after maintenance,
preventive maintenance, rebuild-ing, or alteration.
(a) No person may operate any air-
craft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless—
(1) It has been approved for return to
service by a person authorized under §43.7 of this chapter; and
(2) The maintenance record entry re-
quired by §43.9 or §43.11, as applicable, of this chapter has been made.
(b) No person may carry any person
(other than crewmembers) in an air-craft that has been maintained, re-built, or altered in a manner that may have appreciably changed its flight characteristics or substantially af-fected its operation in flight until an appropriately rated pilot with at least a private pilot certificate flies the air-craft, makes an operational check of the maintenance performed or alter-ation made, and logs the flight in the aircraft records.
(c) The aircraft does not have to be
flown as required by paragraph (b) of this section if, prior to flight, ground tests, inspection, or both show conclu-sively that the maintenance, preven-tive maintenance, rebuilding, or alter-ation has not appreciably changed the flight characteristics or substantially affected the flight operation of the air-craft.
(Approved by the Office of Management and
Budget under control number 2120–0005) § 91.409 Inspections.
(a) Except as provided in paragraph
(c) of this section, no person may oper-ate an aircraft unless, within the pre-ceding 12 calendar months, it has had—
(1) An annual inspection in accord-
ance with part 43 of this chapter and has been approved for return to service by a person authorized by §43.7 of this chapter; or
(2) An inspection for the issuance of
an airworthiness certificate in accord-ance with part 21 of this chapter.
No inspection performed under para-
graph (b) of this section may be sub-stituted for any inspection required by this paragraph unless it is performed by a person authorized to perform an-nual inspections and is entered as an ‘‘annual’’ inspection in the required maintenance records.
(b) Except as provided in paragraph
(c) of this section, no person may oper-ate an aircraft carrying any person (other than a crewmember) for hire, and no person may give flight instruc-tion for hire in an aircraft which that person provides, unless within the pre-ceding 100 hours of time in service the aircraft has received an annual or 100- hour inspection and been approved for return to service in accordance with part 43 of this chapter or has received an inspection for the issuance of an air-worthiness certificate in accordance with part 21 of this chapter. The 100- hour limitation may be exceeded by not more than 10 hours while en route to reach a place where the inspection can be done. The excess time used to reach a place where the inspection can be done must be included in computing
the next 100 hours of time in service.
(c) Paragraphs (a) and (b) of this sec-
tion do not apply to—
(1) An aircraft that carries a special
flight permit, a current experimental certificate, or a light-sport or provi-sional airworthiness certificate;
(2) An aircraft inspected in accord-
ance with an approved aircraft inspec-tion program under part 125 or 135 of this chapter and so identified by the registration number in the operations specifications of the certificate holder having the approved inspection pro-gram;
754 14 CFR Ch. I (1–1–25 Edition) § 91.409
(3) An aircraft subject to the require-
ments of paragraph (d) or (e) of this section; or
(4) Turbine-powered rotorcraft when
the operator elects to inspect that rotorcraft in accordance with para-graph (e) of this section.
(d) Progressive inspection. Each reg-
istered owner or operator of an aircraft desiring to use a progressive inspection program must submit a written request to the responsible Flight Standards of-fice, and shall provide—
(1) A certificated mechanic holding
an inspection authorization, a certifi-cated airframe repair station, or the manufacturer of the aircraft to super-vise or conduct the progressive inspec-tion;
(2) A current inspection procedures
manual available and readily under-standable to pilot and maintenance personnel containing, in detail—
(i) An explanation of the progressive
inspection, including the continuity of inspection responsibility, the making of reports, and the keeping of records and technical reference material;
(ii) An inspection schedule, speci-
fying the intervals in hours or days when routine and detailed inspections will be performed and including in-structions for exceeding an inspection interval by not more than 10 hours while en route and for changing an in-spection interval because of service ex-perience;
(iii) Sample routine and detailed in-
spection forms and instructions for their use; and
(iv) Sample reports and records and
instructions for their use;
(3) Enough housing and equipment
for necessary disassembly and proper inspection of the aircraft; and
(4) Appropriate current technical in-
formation for the aircraft.
The frequency and detail of the pro-
gressive inspection shall provide for the complete inspection of the aircraft within each 12 calendar months and be consistent with the manufacturer’s recommendations, field service experi-ence, and the kind of operation in which the aircraft is engaged. The pro-gressive inspection schedule must en-sure that the aircraft, at all times, will be airworthy and will conform to all applicable FAA aircraft specifications, type certificate data sheets, airworthi-
ness directives, and other approved data. If the progressive inspection is discontinued, the owner or operator shall immediately notify the respon-sible Flight Standards office, in writ-ing, of the discontinuance. After the discontinuance, the first annual inspec-tion under §91.409(a)(1) is due within 12 calendar months after the last com-plete inspection of the aircraft under the progressive inspection. The 100- hour inspection under §91.409(b) is due within 100 hours after that complete inspection. A complete inspection of the aircraft, for the purpose of deter-mining when the annual and 100-hour inspections are due, requires a detailed inspection of the aircraft and all its components in accordance with the progressive inspection. A routine in-spection of the aircraft and a detailed inspection of several components is not considered to be a complete inspection.
(e) Large airplanes (to which part 125 is
not applicable), turbojet multiengine air-planes, turbopropeller-powered multien-gine airplanes, and turbine-powered rotorcraft. No person may operate a
large airplane, turbojet multiengine airplane, turbopropeller-powered mul-tiengine airplane, or turbine-powered rotorcraft unless the replacement times for life-limited parts specified in the aircraft specifications, type data sheets, or other documents approved by the Administrator are complied with and the airplane or turbine-powered rotorcraft, including the airframe, en-gines, propellers, rotors, appliances, survival equipment, and emergency equipment, is inspected in accordance with an inspection program selected under the provisions of paragraph (f) of this section, except that, the owner or operator of a turbine-powered rotor-craft may elect to use the inspection provisions of §91.409(a), (b), (c), or (d) in lieu of an inspection option of §91.409(f).
(f) Selection of inspection program
under paragraph (e) of this section. The
registered owner or operator of each airplane or turbine-powered rotorcraft described in paragraph (e) of this sec-tion must select, identify in the air-craft maintenance records, and use one of the following programs for the in-spection of the aircraft:
755 Federal Aviation Administration, DOT § 91.411
(1) A continuous airworthiness in-
spection program that is part of a con-tinuous airworthiness maintenance program currently in use by a person holding an air carrier operating certifi-cate or an operating certificate issued under part 121 or 135 of this chapter and operating that make and model air-craft under part 121 of this chapter or operating that make and model under part 135 of this chapter and maintain-ing it under §135.411(a)(2) of this chap-ter.
(2) An approved aircraft inspection
program approved under §135.419 of this chapter and currently in use by a per-son holding an operating certificate issued under part 135 of this chapter.
(3) A current inspection program rec-
ommended by the manufacturer.
(4) Any other inspection program es-
tablished by the registered owner or operator of that airplane or turbine- powered rotorcraft and approved by the Administrator under paragraph (g) of this section. However, the Adminis-trator may require revision of this in-spection program in accordance with the provisions of §91.415.
Each operator shall include in the se-
lected program the name and address of the person responsible for scheduling the inspections required by the pro-
gram and make a copy of that program available to the person performing in-spections on the aircraft and, upon re-quest, to the Administrator.
(g) Inspection program approved under
paragraph (e) of this section. Each oper-
ator of an airplane or turbine-powered rotorcraft desiring to establish or change an approved inspection program under paragraph (f)(4) of this section must submit the program for approval to the responsible Flight Standards of-fice. The program must be in writing and include at least the following in-formation:
(1) Instructions and procedures for
the conduct of inspections for the par-ticular make and model airplane or turbine-powered rotorcraft, including necessary tests and checks. The in-structions and procedures must set forth in detail the parts and areas of the airframe, engines, propellers, ro-tors, and appliances, including survival and emergency equipment required to be inspected. (2) A schedule for performing the in-
spections that must be performed under the program expressed in terms of the time in service, calendar time, number of system operations, or any combination of these.
(h) Changes from one inspection pro-
gram to another. When an operator
changes from one inspection program under paragraph (f) of this section to another, the time in service, calendar times, or cycles of operation accumu-lated under the previous program must be applied in determining inspection due times under the new program.
(Approved by the Office of Management and
Budget under control number 2120–0005)
[Docket 18334, 54 FR 34311, Aug. 18, 1989;
Amdt. 91–211, 54 FR 41211, Oct. 5, 1989; Amdt. 91–267, 66 FR 21066, Apr. 27, 2001; Amdt. 91–282, 69 FR 44882, July 27, 2004; Docket FAA–2018– 0119, Amdt. 91–350, 83 FR 9171, Mar. 5, 2018]
§ 91.410 [Reserved]
§ 91.411 Altimeter system and altitude
reporting equipment tests and in-spections.
(a) No person may operate an air-
plane, or helicopter, in controlled air-space under IFR unless—
(1) Within the preceding 24 calendar
months, each static pressure system, each altimeter instrument, and each automatic pressure altitude reporting system has been tested and inspected and found to comply with appendices E and F of part 43 of this chapter;
(2) Except for the use of system drain
and alternate static pressure valves, following any opening and closing of the static pressure system, that system has been tested and inspected and found to comply with paragraph (a), appendix E, of part 43 of this chapter; and
(3) Following installation or mainte-
nance on the automatic pressure alti-tude reporting system of the ATC transponder where data correspondence error could be introduced, the inte-grated system has been tested, in-spected, and found to comply with paragraph (c), appendix E, of part 43 of this chapter.
(b) The tests required by paragraph
(a) of this section must be conducted by—
756 14 CFR Ch. I (1–1–25 Edition) § 91.413
(1) The manufacturer of the airplane,
or helicopter, on which the tests and inspections are to be performed;
(2) A certificated repair station prop-
erly equipped to perform those func-tions and holding—
(i) An instrument rating, Class I; (ii) A limited instrument rating ap-
propriate to the make and model of ap-pliance to be tested;
(iii) A limited rating appropriate to
the test to be performed;
(iv) An airframe rating appropriate
to the airplane, or helicopter, to be tested; or
(3) A certificated mechanic with an
airframe rating (static pressure system tests and inspections only).
(c) Altimeter and altitude reporting
equipment approved under Technical Standard Orders are considered to be tested and inspected as of the date of their manufacture.
(d) No person may operate an air-
plane, or helicopter, in controlled air-space under IFR at an altitude above the maximum altitude at which all al-timeters and the automatic altitude re-porting system of that airplane, or hel-icopter, have been tested.
[Docket 18334, 54 FR 34308, Aug. 18, 1989, as
amended by Amdt. 91–269, 66 FR 41116, Aug. 6, 2001; 72 FR 7739, Feb. 20, 2007]
§ 91.413 ATC transponder tests and in-
spections.
(a) No persons may use an ATC trans-
ponder that is specified in 91.215(a), 121.345(c), or §135.143(c) of this chapter unless, within the preceding 24 cal-endar months, the ATC transponder has been tested and inspected and found to comply with appendix F of part 43 of this chapter; and
(b) Following any installation or
maintenance on an ATC transponder where data correspondence error could be introduced, the integrated system has been tested, inspected, and found to comply with paragraph (c), appendix E, of part 43 of this chapter.
(c) The tests and inspections speci-
fied in this section must be conducted by—
(1) A certificated repair station prop-
erly equipped to perform those func-tions and holding—
(i) A radio rating, Class III; (ii) A limited radio rating appro-
priate to the make and model trans-ponder to be tested;
(iii) A limited rating appropriate to
the test to be performed;
(2) A holder of a continuous air-
worthiness maintenance program as
provided in part 121 or §135.411(a)(2) of this chapter; or
(3) The manufacturer of the aircraft
on which the transponder to be tested is installed, if the transponder was in-stalled by that manufacturer.
[Docket 18334, 54 FR 34311, Aug. 18, 1989, as
amended by Amdt. 91–267, 66 FR 21066, Apr. 27, 2001; Amdt. 91–269, 66 FR 41116, Aug. 6, 2001]
§ 91.415 Changes to aircraft inspection
programs.
(a) Whenever the Administrator finds
that revisions to an approved aircraft inspection program under §91.409(f)(4) or §91.1109 are necessary for the contin-ued adequacy of the program, the owner or operator must, after notifica-tion by the Administrator, make any changes in the program found to be necessary by the Administrator.
(b) The owner or operator may peti-
tion the Administrator to reconsider the notice to make any changes in a program in accordance with paragraph (a) of this section.
(c) The petition must be filed with
the Executive Director, Flight Stand-ards Service within 30 days after the certificate holder or fractional owner-ship program manager receives the no-tice.
(d) Except in the case of an emer-
gency requiring immediate action in the interest of safety, the filing of the petition stays the notice pending a de-cision by the Administrator.
[Docket 18334, 54 FR 34311, Aug. 18, 1989, as
amended by Amdt. 91–280, 68 FR 54560, Sept. 17, 2003; Docket FAA–2018–0119, Amdt. 91–350, 83 FR 9171, Mar. 5, 2018]
§ 91.417 Maintenance records.
(a) Except for work performed in ac-
cordance with §§91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this sec-tion:
(1) Records of the maintenance, pre-
ventive maintenance, and alteration
757 Federal Aviation Administration, DOT § 91.419
and records of the 100-hour, annual,
progressive, and other required or ap-proved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include—
(i) A description (or reference to data
acceptable to the Administrator) of the work performed; and
(ii) The date of completion of the
work performed; and
(iii) The signature, and certificate
number of the person approving the aircraft for return to service.
(2) Records containing the following
information:
(i) The total time in service of the
airframe, each engine, each propeller, and each rotor.
(ii) The current status of life-limited
parts of each airframe, engine, pro-peller, rotor, and appliance.
(iii) The time since last overhaul of
all items installed on the aircraft which are required to be overhauled on a specified time basis.
(iv) The current inspection status of
the aircraft, including the time since the last inspection required by the in-spection program under which the air-craft and its appliances are main-tained.
(v) The current status of applicable
airworthiness directives (AD) and safe-ty directives including, for each, the method of compliance, the AD or safe-ty directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required.
(vi) Copies of the forms prescribed by
§43.9(d) of this chapter for each major alteration to the airframe and cur-rently installed engines, rotors, propel-lers, and appliances.
(b) The owner or operator shall re-
tain the following records for the peri-ods prescribed:
(1) The records specified in paragraph
(a)(1) of this section shall be retained until the work is repeated or super-seded by other work or for 1 year after the work is performed.
(2) The records specified in paragraph
(a)(2) of this section shall be retained and transferred with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a
registered owner or operator under §43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to serv-ice.
(c) The owner or operator shall make
all maintenance records required to be kept by this section available for in-spection by the Administrator or any authorized representative of the Na-tional Transportation Safety Board (NTSB). In addition, the owner or oper-ator shall present Form 337 described in paragraph (d) of this section for in-spection upon request of any law en-forcement officer.
(d) When a fuel tank is installed
within the passenger compartment or a baggage compartment pursuant to part 43 of this chapter, a copy of FAA Form 337 shall be kept on board the modified aircraft by the owner or operator.
(Approved by the Office of Management and
Budget under control number 2120–0005)
[Docket 18334, 54 FR 34311, Aug. 18, 1989, as
amended by Amdt. 91–311, 75 FR 5223, Feb. 1, 2010; Amdt. 91–323, 76 FR 39260, July 6, 2011]
§ 91.419 Transfer of maintenance
records.
Any owner or operator who sells a
U.S.-registered aircraft shall transfer to the purchaser, at the time of sale, the following records of that aircraft, in plain language form or in coded form
at the election of the purchaser, if the coded form provides for the preserva-tion and retrieval of information in a manner acceptable to the Adminis-trator:
(a) The records specified in
§91.417(a)(2).
(b) The records specified in
§91.417(a)(1) which are not included in the records covered by paragraph (a) of this section, except that the purchaser may permit the seller to keep physical custody of such records. However, cus-tody of records by the seller does not relieve the purchaser of the responsi-bility under §91.417(c) to make the records available for inspection by the Administrator or any authorized rep-resentative of the National Transpor-tation Safety Board (NTSB).
758 14 CFR Ch. I (1–1–25 Edition) § 91.421
§ 91.421 Rebuilt engine maintenance
records.
(a) The owner or operator may use a
new maintenance record, without pre-vious operating history, for an aircraft engine rebuilt by the manufacturer or by an agency approved by the manufac-turer.
(b) Each manufacturer or agency
that grants zero time to an engine re-built by it shall enter in the new record—
(1) A signed statement of the date the
engine was rebuilt;
(2) Each change made as required by
airworthiness directives; and
(3) Each change made in compliance
with manufacturer’s service bulletins, if the entry is specifically requested in that bulletin.
(c) For the purposes of this section, a
rebuilt engine is a used engine that has been completely disassembled, in-spected, repaired as necessary, reas-sembled, tested, and approved in the same manner and to the same toler-ances and limits as a new engine with either new or used parts. However, all parts used in it must conform to the production drawing tolerances and lim-its for new parts or be of approved oversized or undersized dimensions for a new engine.
§§ 91.423–91.499 [Reserved]
Subpart F—Large and Turbine-
Powered Multiengine Air-planes and Fractional Owner-ship Program Aircraft
SOURCE : Docket 18334, 54 FR 34314, Aug. 18,
1989, unless otherwise noted.
§ 91.501 Applicability.
(a) This subpart prescribes operating
rules, in addition to those prescribed in other subparts of this part, governing the operation of large airplanes of U.S. registry, turbojet-powered multiengine civil airplanes of U.S. registry, and fractional ownership program aircraft of U.S. registry that are operating under subpart K of this part in oper-ations not involving common carriage. The operating rules in this subpart do not apply to those aircraft when they are required to be operated under parts 121, 125, 129, 135, and 137 of this chapter.
(Section 91.409 prescribes an inspection program for large and for turbine-pow-ered (turbojet and turboprop) multien-gine airplanes and turbine-powered rotorcraft of U.S. registry when they are operated under this part or part 129 or 137.)
(b) Operations that may be conducted
under the rules in this subpart instead of those in parts 121, 129, 135, and 137 of this chapter when common carriage is not involved, include—
(1) Ferry or training flights; (2) Aerial work operations such as
aerial photography or survey, or pipe-line patrol, but not including fire fight-ing operations;
(3) Flights for the demonstration of
an airplane to prospective customers when no charge is made except for those specified in paragraph (d) of this section;
(4) Flights conducted by the operator
of an airplane for his personal trans-portation, or the transportation of his guests when no charge, assessment, or fee is made for the transportation;
(5) Carriage of officials, employees,
guests, and property of a company on an airplane operated by that company, or the parent or a subsidiary of the company or a subsidiary of the parent, when the carriage is within the scope of, and incidental to, the business of the company (other than transpor-tation by air) and no charge, assess-ment or fee is made for the carriage in excess of the cost of owning, operating, and maintaining the airplane, except that no charge of any kind may be made for the carriage of a guest of a company, when the carriage is not within the scope of, and incidental to, the business of that company;
(6) The carriage of company officials,
employees, and guests of the company on an airplane operated under a time sharing, interchange, or joint owner-ship agreement as defined in paragraph (c) of this section;
(7) The carriage of property (other
than mail) on an airplane operated by a person in the furtherance of a busi-ness or employment (other than trans-portation by air) when the carriage is within the scope of, and incidental to, that business or employment and no charge, assessment, or fee is made for
759 Federal Aviation Administration, DOT § 91.503
the carriage other than those specified
in paragraph (d) of this section;
(8) The carriage on an airplane of an
athletic team, sports group, choral group, or similar group having a com-mon purpose or objective when there is no charge, assessment, or fee of any kind made by any person for that car-riage; and
(9) The carriage of persons on an air-
plane operated by a person in the fur-therance of a business other than transportation by air for the purpose of selling them land, goods, or property, including franchises or distributor-ships, when the carriage is within the scope of, and incidental to, that busi-ness and no charge, assessment, or fee is made for that carriage.
(10) Any operation identified in para-
graphs (b)(1) through (b)(9) of this sec-tion when conducted—
(i) By a fractional ownership program
manager, or
(ii) By a fractional owner in a frac-
tional ownership program aircraft op-erated under subpart K of this part, ex-cept that a flight under a joint owner-ship arrangement under paragraph (b)(6) of this section may not be con-ducted. For a flight under an inter-change agreement under paragraph (b)(6) of this section, the exchange of equal time for the operation must be properly accounted for as part of the total hours associated with the frac-tional owner’s share of ownership.
(c) As used in this section— (1) A time sharing agreement means an
arrangement whereby a person leases his airplane with flight crew to another person, and no charge is made for the flights conducted under that arrange-ment other than those specified in paragraph (d) of this section;
(2) An interchange agreement means an
arrangement whereby a person leases his airplane to another person in ex-change for equal time, when needed, on the other person’s airplane, and no charge, assessment, or fee is made, ex-cept that a charge may be made not to exceed the difference between the cost of owning, operating, and maintaining the two airplanes;
(3) A joint ownership agreement means
an arrangement whereby one of the registered joint owners of an airplane employs and furnishes the flight crew for that airplane and each of the reg-
istered joint owners pays a share of the charge specified in the agreement.
(d) The following may be charged, as
expenses of a specific flight, for trans-portation as authorized by paragraphs (b) (3) and (7) and (c)(1) of this section:
(1) Fuel, oil, lubricants, and other ad-
ditives.
(2) Travel expenses of the crew, in-
cluding food, lodging, and ground transportation.
(3) Hangar and tie-down costs away
from the aircraft’s base of operation.
(4) Insurance obtained for the specific
flight.
(5) Landing fees, airport taxes, and
similar assessments.
(6) Customs, foreign permit, and
similar fees directly related to the flight.
(7) In flight food and beverages. (8) Passenger ground transportation. (9) Flight planning and weather con-
tract services.
(10) An additional charge equal to 100
percent of the expenses listed in para-graph (d)(1) of this section.
[Docket 18334, 54 FR 34314, Aug. 18, 1989, as
amended by Amdt. 91–280, 68 FR 54560, Sept. 17, 2003]
§ 91.503 Flying equipment and oper-
ating information.
(a) The pilot in command of an air-
plane shall ensure that the following flying equipment and aeronautical charts and data, in current and appro-priate form, are accessible for each flight at the pilot station of the air-plane:
(1) A flashlight having at least two
size ‘‘D’’ cells, or the equivalent, that is in good working order.
(2) A cockpit checklist containing
the procedures required by paragraph (b) of this section.
(3) Pertinent aeronautical charts. (4) For IFR, VFR over-the-top, or
night operations, each pertinent navi-gational en route, terminal area, and approach and letdown chart.
(5) In the case of multiengine air-
planes, one-engine inoperative climb performance data.
(b) Each cockpit checklist must con-
tain the following procedures and shall be used by the flight crewmembers when operating the airplane:
760 14 CFR Ch. I (1–1–25 Edition) § 91.505
(1) Before starting engines.
(2) Before takeoff. (3) Cruise. (4) Before landing.
(5) After landing. (6) Stopping engines. (7) Emergencies. (c) Each emergency cockpit checklist
procedure required by paragraph (b)(7) of this section must contain the fol-lowing procedures, as appropriate:
(1) Emergency operation of fuel, hy-
draulic, electrical, and mechanical sys-tems.
(2) Emergency operation of instru-
ments and controls.
(3) Engine inoperative procedures. (4) Any other procedures necessary
for safety.
(d) The equipment, charts, and data
prescribed in this section shall be used by the pilot in command and other members of the flight crew, when perti-nent.
§ 91.505 Familiarity with operating
limitations and emergency equip-ment.
(a) Each pilot in command of an air-
plane shall, before beginning a flight, become familiar with the Airplane Flight Manual for that airplane, if one is required, and with any placards, list-ings, instrument markings, or any combination thereof, containing each operating limitation prescribed for that airplane by the Administrator, in-cluding those specified in §91.9(b).
(b) Each required member of the crew
shall, before beginning a flight, become familiar with the emergency equip-ment installed on the airplane to which that crewmember is assigned and with the procedures to be followed for the use of that equipment in an emergency situation.
§ 91.507 Equipment requirements:
Over-the-top or night VFR oper-ations.
No person may operate an airplane
over-the-top or at night under VFR un-less that airplane is equipped with the instruments and equipment required for IFR operations under §91.205(d) and one electric landing light for night op-erations. Each required instrument and item of equipment must be in operable condition. § 91.509 Survival equipment for
overwater operations.
(a) No person may take off an air-
plane for a flight over water more than 50 nautical miles from the nearest shore unless that airplane is equipped with a life preserver or an approved flo-tation means for each occupant of the airplane.
(b) Except as provided in paragraph
(c) of this section, no person may take
off an airplane for flight over water more than 30 minutes flying time or 100 nautical miles from the nearest shore, whichever is less, unless it has on board the following survival equip-ment:
(1) A life preserver, equipped with an
approved survivor locator light, for each occupant of the airplane.
(2) Enough liferafts (each equipped
with an approved survival locator light) of a rated capacity and buoyancy to accommodate the occupants of the airplane.
(3) At least one pyrotechnic signaling
device for each liferaft.
(4) One self-buoyant, water-resistant,
portable emergency radio signaling de-vice that is capable of transmission on the appropriate emergency frequency or frequencies and not dependent upon the airplane power supply.
(5) A lifeline stored in accordance
with §25.1411(g) of this chapter.
(c) A fractional ownership program
manager under subpart K of this part may apply for a deviation from para-graphs (b)(2) through (5) of this section for a particular over water operation or the Administrator may amend the management specifications to require the carriage of all or any specific items of the equipment listed in paragraphs (b)(2) through (5) of this section.
(d) The required life rafts, life pre-
servers, and signaling devices must be installed in conspicuously marked lo-cations and easily accessible in the event of a ditching without appreciable time for preparatory procedures.
(e) A survival kit, appropriately
equipped for the route to be flown, must be attached to each required life raft.
(f) As used in this section, the term
shore means that area of the land adja-cent to the water that is above the high water mark and excludes land
761 Federal Aviation Administration, DOT § 91.513
areas that are intermittently under
water.
[Docket 18334, 54 FR 34314, Aug. 18, 1989, as
amended by Amdt. 91–280, 68 FR 54561, Sept. 17, 2003]
§ 91.511 Communication and naviga-
tion equipment for overwater oper-ations.
(a) Except as provided in paragraphs
(c), (d), and (f) of this section, no per-son operating under this subpart may take off an airplane for a flight over water more than 30 minutes flying time or 100 nautical miles from the nearest shore unless it has at least the following operable equipment:
(1) Radio communication equipment
appropriate to the facilities to be used and able to transmit to, and receive from, at least one communication fa-cility from any place along the route:
(i) Two transmitters. (ii) Two microphones. (iii) Two headsets or one headset and
one speaker.
(iv) Two independent receivers. (2) Appropriate electronic naviga-
tional equipment consisting of at least two independent electronic navigation units capable of providing the pilot with the information necessary to navigate the airplane within the air-space assigned by air traffic control. However, a receiver that can receive both communications and required navigational signals may be used in place of a separate communications re-ceiver and a separate navigational sig-nal receiver or unit.
(b) For the purposes of paragraphs
(a)(1)(iv) and (a)(2) of this section, a re-ceiver or electronic navigation unit is independent if the function of any part of it does not depend on the func-tioning of any part of another receiver or electronic navigation unit.
(c) Notwithstanding the provisions of
paragraph (a) of this section, a person may operate an airplane on which no passengers are carried from a place where repairs or replacement cannot be made to a place where they can be made, if not more than one of each of the dual items of radio communication and navigational equipment specified in paragraphs (a)(1) (i) through (iv) and (a)(2) of this section malfunctions or becomes inoperative. (d) Notwithstanding the provisions of
paragraph (a) of this section, when both VHF and HF communications equipment are required for the route and the airplane has two VHF trans-mitters and two VHF receivers for communications, only one HF trans-mitter and one HF receiver is required for communications.
(e) As used in this section, the term
shore means that area of the land adja-
cent to the water which is above the high-water mark and excludes land areas which are intermittently under water.
(f) Notwithstanding the requirements
in paragraph (a)(2) of this section, a person may operate in the Gulf of Mex-ico, the Caribbean Sea, and the Atlan-tic Ocean west of a line which extends from 44 °47′00″ N / 67 °00′00″ W to 39 °00′00″
N / 67 °00′00″ W to 38 °30′00″ N / 60 °00′00″ W
south along the 60 °00′00″ W longitude
line to the point where the line inter-sects with the northern coast of South America, when:
(1) A single long-range navigation
system is installed, operational, and appropriate for the route; and
(2) Flight conditions and the air-
craft’s capabilities are such that no more than a 30-minute gap in two-way radio very high frequency communica-tions is expected to exist.
[Docket 18334, 54 FR 34314, Aug. 18, 1989, as
amended by Amdt. 91–249, 61 FR 7190, Feb. 26, 1996; Amdt. 91–296, 72 FR 31679, June 7, 2007; Docket FAA–2022–1355, Amdt. 91–366, 87 FR 75846, Dec. 9, 2022]
§ 91.513 Emergency equipment.
(a) No person may operate an air-
plane unless it is equipped with the emergency equipment listed in this section.
(b) Each item of equipment—
(1) Must be inspected in accordance
with §91.409 to ensure its continued serviceability and immediate readiness for its intended purposes;
(2) Must be readily accessible to the
crew;
(3) Must clearly indicate its method
of operation; and
(4) When carried in a compartment or
container, must have that compart-ment or container marked as to con-tents and date of last inspection.
762 14 CFR Ch. I (1–1–25 Edition) § 91.515
(c) Hand fire extinguishers must be
provided for use in crew, passenger, and cargo compartments in accordance with the following:
(1) The type and quantity of extin-
guishing agent must be suitable for the kinds of fires likely to occur in the compartment where the extinguisher is intended to be used.
(2) At least one hand fire extin-
guisher must be provided and located on or near the flight deck in a place that is readily accessible to the flight crew.
(3) At least one hand fire extin-
guisher must be conveniently located in the passenger compartment of each airplane accommodating more than six but less than 31 passengers, and at least two hand fire extinguishers must be conveniently located in the pas-senger compartment of each airplane accommodating more than 30 pas-sengers.
(4) Hand fire extinguishers must be
installed and secured in such a manner that they will not interfere with the safe operation of the airplane or ad-versely affect the safety of the crew and passengers. They must be readily accessible and, unless the locations of
the fire extinguishers are obvious, their stowage provisions must be prop-erly identified.
(d) First aid kits for treatment of in-
juries likely to occur in flight or in minor accidents must be provided.
(e) Each airplane accommodating
more than 19 passengers must be equipped with a crash axe.
(f) Each passenger-carrying airplane
must have a portable battery-powered megaphone or megaphones readily ac-cessible to the crewmembers assigned to direct emergency evacuation, in-stalled as follows:
(1) One megaphone on each airplane
with a seating capacity of more than 60 but less than 100 passengers, at the most rearward location in the pas-senger cabin where it would be readily accessible to a normal flight attendant seat. However, the Administrator may grant a deviation from the require-ments of this subparagraph if the Ad-ministrator finds that a different loca-tion would be more useful for evacu-ation of persons during an emergency. (2) On each airplane with a seating
capacity of 100 or more passengers, one megaphone installed at the forward end and one installed at the most rearward location where it would be readily ac-cessible to a normal flight attendant seat.
§ 91.515 Flight altitude rules.
(a) Notwithstanding §91.119, and ex-
cept as provided in paragraph (b) of this section, no person may operate an airplane under VFR at less than—
(1) One thousand feet above the sur-
face, or 1,000 feet from any mountain, hill, or other obstruction to flight, for day operations; and
(2) The altitudes prescribed in §91.177,
for night operations.
(b) This section does not apply— (1) During takeoff or landing; (2) When a different altitude is au-
thorized by a waiver to this section under subpart J of this part; or
(3) When a flight is conducted under
the special VFR weather minimums of §91.157 with an appropriate clearance from ATC.
§ 91.517 Passenger information.
(a) Except as provided in paragraph
(b) of this section, no person may oper-ate an airplane carrying passengers un-less it is equipped with signs that are visible to passengers and flight attend-ants to notify them when smoking is prohibited and when safety belts must be fastened.
(1) The signs that notify when safety
belts must be fastened must be so con-structed that the crew can turn them on and off.
(2) The signs that prohibit smoking
and signs that notify when safety belts must be fastened must be illuminated during airplane movement on the sur-face, for each takeoff, for each landing, and when otherwise considered to be necessary by the pilot in command.
(b) The pilot in command of an air-
plane that is not required, in accord-ance with applicable aircraft and equipment requirements of this chap-ter, to be equipped as provided in para-graph (a) of this section shall ensure that the passengers are notified orally each time that it is necessary to fasten their safety belts and when smoking is prohibited.
763 Federal Aviation Administration, DOT § 91.521
(c) If passenger information signs are
installed, no passenger or crewmember may smoke while any ‘‘no smoking’’ sign is lighted nor may any passenger or crewmember smoke in any lavatory.
(d) Each passenger required by
§91.107(a)(3) to occupy a seat or berth shall fasten his or her safety belt about
him or her and keep it fastened while any ‘‘fasten seat belt’’ sign is lighted.
(e) Each passenger shall comply with
instructions given him or her by crew-members regarding compliance with paragraphs (b), (c), and (d) of this sec-tion.
[Docket 26142, 57 FR 42672, Sept. 15, 1992, as
amended by Docket FAA–2024–2052; Amdt. 91– 377, 89 FR 68100, Aug. 23, 2024]
§ 91.519 Passenger briefing.
(a) Before each takeoff the pilot in
command of an airplane carrying pas-sengers shall ensure that all passengers have been orally briefed on—
(1) Smoking. Each passenger shall be
briefed on when, where, and under what conditions smoking is prohibited. This briefing shall include a statement, as appropriate, that the Federal Aviation Regulations require passenger compli-ance with lighted passenger informa-tion signs and no smoking placards, prohibit smoking in lavatories, and re-quire compliance with crewmember in-structions with regard to these items;
(2) Use of safety belts and shoulder har-
nesses. Each passenger shall be briefed
on when, where, and under what condi-tions it is necessary to have his or her safety belt and, if installed, his or her shoulder harness fastened about him or her. This briefing shall include a state-ment, as appropriate, that Federal Aviation Regulations require passenger compliance with the lighted passenger sign and/or crewmember instructions with regard to these items;
(3) Location and means for opening
the passenger entry door and emer-gency exits;
(4) Location of survival equipment; (5) Ditching procedures and the use of
flotation equipment required under §91.509 for a flight over water; and
(6) The normal and emergency use of
oxygen equipment installed on the air-plane.
(b) The oral briefing required by
paragraph (a) of this section shall be given by the pilot in command or a
member of the crew, but need not be given when the pilot in command de-termines that the passengers are famil-iar with the contents of the briefing. It may be supplemented by printed cards for the use of each passenger con-taining—
(1) A diagram of, and methods of op-
erating, the emergency exits; and
(2) Other instructions necessary for
use of emergency equipment.
(c) Each card used under paragraph
(b) must be carried in convenient loca-tions on the airplane for the use of each passenger and must contain infor-mation that is pertinent only to the type and model airplane on which it is used.
(d) For operations under subpart K of
this part, the passenger briefing re-quirements of §91.1035 apply, instead of the requirements of paragraphs (a) through (c) of this section.
[Docket 18334, 54 FR 34314, Aug. 18, 1989, as
amended by Amdt. 91–231, 57 FR 42672, Sept. 15, 1992; Amdt. 91–280, 68 FR 54561, Sept. 17, 2003]
§ 91.521 Shoulder harness.
(a) No person may operate a trans-
port category airplane that was type certificated after January 1, 1958, un-less it is equipped at each seat at a flight deck station with a combined safety belt and shoulder harness that meets the applicable requirements specified in §25.785 of this chapter, ex-cept that—
(1) Shoulder harnesses and combined
safety belt and shoulder harnesses that were approved and installed before March 6, 1980, may continue to be used; and
(2) Safety belt and shoulder harness
restraint systems may be designed to the inertia load factors established under the certification basis of the air-plane.
(b) No person may operate a trans-
port category airplane unless it is equipped at each required flight at-tendant seat in the passenger compart-ment with a combined safety belt and shoulder harness that meets the appli-cable requirements specified in §25.785 of this chapter, except that—
(1) Shoulder harnesses and combined
safety belt and shoulder harnesses that
764 14 CFR Ch. I (1–1–25 Edition) § 91.523
were approved and installed before
March 6, 1980, may continue to be used; and
(2) Safety belt and shoulder harness
restraint systems may be designed to the inertia load factors established under the certification basis of the air-plane.
§ 91.523 Carry-on baggage.
No pilot in command of an airplane
having a seating capacity of more than 19 passengers may permit a passenger to stow baggage aboard that airplane except—
(a) In a suitable baggage or cargo
storage compartment, or as provided in §91.525; or
(b) Under a passenger seat in such a
way that it will not slide forward under crash impacts severe enough to induce the ultimate inertia forces specified in §25.561(b)(3) of this chapter, or the re-quirements of the regulations under which the airplane was type certifi-cated. Restraining devices must also limit sideward motion of under-seat baggage and be designed to withstand crash impacts severe enough to induce sideward forces specified in §25.561(b)(3) of this chapter.
§ 91.525 Carriage of cargo.
(a) No pilot in command may permit
cargo to be carried in any airplane un-less—
(1) It is carried in an approved cargo
rack, bin, or compartment installed in the airplane;
(2) It is secured by means approved
by the Administrator; or
(3) It is carried in accordance with
each of the following:
(i) It is properly secured by a safety
belt or other tiedown having enough strength to eliminate the possibility of shifting under all normally anticipated flight and ground conditions.
(ii) It is packaged or covered to avoid
possible injury to passengers.
(iii) It does not impose any load on
seats or on the floor structure that ex-ceeds the load limitation for those components.
(iv) It is not located in a position
that restricts the access to or use of any required emergency or regular exit, or the use of the aisle between the crew and the passenger compartment. (v) It is not carried directly above
seated passengers.
(b) When cargo is carried in cargo
compartments that are designed to re-quire the physical entry of a crew-member to extinguish any fire that may occur during flight, the cargo must be loaded so as to allow a crew-member to effectively reach all parts of the compartment with the contents of a hand fire extinguisher.
§ 91.527 Operating in icing conditions.
(a) No pilot may take off an airplane
that has frost, ice, or snow adhering to any propeller, windshield, stabilizing or control surface; to a powerplant in-stallation; or to an airspeed, altimeter, rate of climb, or flight attitude instru-ment system or wing, except that take-offs may be made with frost under the wing in the area of the fuel tanks if au-thorized by the FAA.
(b) No pilot may fly under IFR into
known or forecast light or moderate icing conditions, or under VFR into known light or moderate icing condi-tions, unless—
(1) The aircraft has functioning deic-
ing or anti-icing equipment protecting each rotor blade, propeller, windshield, wing, stabilizing or control surface, and each airspeed, altimeter, rate of climb, or flight attitude instrument system;
(2) The airplane has ice protection
provisions that meet section 34 of Spe-cial Federal Aviation Regulation No. 23; or
(3) The airplane meets transport cat-
egory airplane type certification provi-sions, including the requirements for certification for flight in icing condi-tions.
(c) Except for an airplane that has
ice protection provisions that meet the requirements in section 34 of Special Federal Aviation Regulation No. 23, or those for transport category airplane type certification, no pilot may fly an airplane into known or forecast severe icing conditions.
(d) If current weather reports and
briefing information relied upon by the pilot in command indicate that the forecast icing conditions that would otherwise prohibit the flight will not be encountered during the flight be-cause of changed weather conditions
765 Federal Aviation Administration, DOT § 91.535
since the forecast, the restrictions in
paragraphs (b) and (c) of this section based on forecast conditions do not apply.
[Docket 18334, 54 FR 34314, Aug. 18, 1989, as
amended by Amdt. 91–310, 74 FR 62696, Dec. 1, 2009]
§ 91.529 Flight engineer requirements.
(a) No person may operate the fol-
lowing airplanes without a flight crew-member holding a current flight engi-neer certificate:
(1) An airplane for which a type cer-
tificate was issued before January 2, 1964, having a maximum certificated takeoff weight of more than 80,000 pounds.
(2) An airplane type certificated after
January 1, 1964, for which a flight engi-neer is required by the type certifi-cation requirements.
(b) No person may serve as a required
flight engineer on an airplane unless, within the preceding 6 calendar months, that person has had at least 50 hours of flight time as a flight engineer on that type airplane or has been checked by the Administrator on that type airplane and is found to be famil-iar and competent with all essential current information and operating pro-cedures.
§ 91.531 Second in command require-
ments.
(a) Except as provided in paragraph
(b) of this section, no person may oper-ate the following airplanes without a pilot designated as second in command:
(1) Any airplane that is type certifi-
cated for more than one required pilot.
(2) Any large airplane. (3) Any commuter category airplane. (b) A person may operate the fol-
lowing airplanes without a pilot des-ignated as second in command:
(1) Any airplane certificated for oper-
ation with one pilot.
(2) A large airplane or turbojet-pow-
ered multiengine airplane that holds a special airworthiness certificate, if:
(i) The airplane was originally de-
signed with only one pilot station; or
(ii) The airplane was originally de-
signed with more than one pilot sta-tion, but single pilot operations were permitted by the airplane flight man-ual or were otherwise permitted by a branch of the United States Armed
Forces or the armed forces of a foreign contracting State to the Convention on International Civil Aviation.
(c) No person may designate a pilot
to serve as second in command, nor may any pilot serve as second in com-mand, of an airplane required under this section to have two pilots unless that pilot meets the qualifications for second in command prescribed in §61.55 of this chapter.
[Docket FAA–2016–6142, Amdt. 91–351, 83 FR
30282, June 27, 2018]
§ 91.533 Flight attendant require-
ments.
(a) No person may operate an air-
plane unless at least the following number of flight attendants are on board the airplane:
(1) For airplanes having more than 19
but less than 51 passengers on board, one flight attendant.
(2) For airplanes having more than 50
but less than 101 passengers on board, two flight attendants.
(3) For airplanes having more than
100 passengers on board, two flight at-tendants plus one additional flight at-tendant for each unit (or part of a unit) of 50 passengers above 100.
(b) No person may serve as a flight
attendant on an airplane when required by paragraph (a) of this section unless that person has demonstrated to the pilot in command familiarity with the necessary functions to be performed in an emergency or a situation requiring emergency evacuation and is capable of using the emergency equipment in-stalled on that airplane.
§ 91.535 Stowage of food, beverage,
and passenger service equipment during aircraft movement on the surface, takeoff, and landing.
(a) No operator may move an aircraft
on the surface, take off, or land when any food, beverage, or tableware fur-nished by the operator is located at any passenger seat.
(b) No operator may move an aircraft
on the surface, take off, or land unless each food and beverage tray and seat back tray table is secured in its stowed position.
(c) No operator may permit an air-
craft to move on the surface, take off,
766 14 CFR Ch. I (1–1–25 Edition) §§ 91.536–91.599
or land unless each passenger serving
cart is secured in its stowed position.
(d) No operator may permit an air-
craft to move on the surface, take off, or land unless each movie screen that extends into the aisle is stowed.
(e) Each passenger shall comply with
instructions given by a crewmember with regard to compliance with this section.
[Docket 26142, 57 FR 42672, Sept. 15, 1992]
§§ 91.536–91.599 [Reserved]
Subpart G—Additional Equipment
and Operating Requirements for Large and Transport Cat-egory Aircraft
SOURCE : Docket 18334, 54 FR 34318, Aug. 18,
1989, unless otherwise noted.
§ 91.601 Applicability.
This subpart applies to operation of
large and transport category U.S.-reg-istered civil aircraft.
§ 91.603 Aural speed warning device.
No person may operate a transport
category airplane in air commerce un-less that airplane is equipped with an aural speed warning device that com-plies with §25.1303(c)(1).
§ 91.605 Transport category civil air-
plane weight limitations.
(a) No person may take off any trans-
port category airplane (other than a turbine-engine-powered airplane cer-tificated after September 30, 1958) un-less—
(1) The takeoff weight does not ex-
ceed the authorized maximum takeoff weight for the elevation of the airport of takeoff;
(2) The elevation of the airport of
takeoff is within the altitude range for which maximum takeoff weights have been determined;
(3) Normal consumption of fuel and
oil in flight to the airport of intended landing will leave a weight on arrival not in excess of the authorized max-imum landing weight for the elevation of that airport; and
(4) The elevations of the airport of in-
tended landing and of all specified al-ternate airports are within the altitude range for which the maximum landing
weights have been determined.
(b) No person may operate a turbine-
engine-powered transport category air-plane certificated after September 30, 1958, contrary to the Airplane Flight Manual, or take off that airplane un-less—
(1) The takeoff weight does not ex-
ceed the takeoff weight specified in the Airplane Flight Manual for the ele-vation of the airport and for the ambi-ent temperature existing at the time of takeoff;
(2) Normal consumption of fuel and
oil in flight to the airport of intended landing and to the alternate airports will leave a weight on arrival not in ex-cess of the landing weight specified in the Airplane Flight Manual for the ele-vation of each of the airports involved and for the ambient temperatures ex-pected at the time of landing;
(3) The takeoff weight does not ex-
ceed the weight shown in the Airplane Flight Manual to correspond with the minimum distances required for take-off, considering the elevation of the airport, the runway to be used, the ef-fective runway gradient, the ambient temperature and wind component at the time of takeoff, and, if operating limitations exist for the minimum dis-tances required for takeoff from wet runways, the runway surface condition (dry or wet). Wet runway distances as-sociated with grooved or porous fric-tion course runways, if provided in the Airplane Flight Manual, may be used only for runways that are grooved or treated with a porous friction course (PFC) overlay, and that the operator determines are designed, constructed, and maintained in a manner acceptable to the Administrator.
(4) Where the takeoff distance in-
cludes a clearway, the clearway dis-tance is not greater than one-half of—
(i) The takeoff run, in the case of air-
planes certificated after September 30, 1958, and before August 30, 1959; or
(ii) The runway length, in the case of
airplanes certificated after August 29, 1959.
(c) No person may take off a turbine-
engine-powered transport category air-plane certificated after August 29, 1959, unless, in addition to the requirements of paragraph (b) of this section—
767 Federal Aviation Administration, DOT § 91.607
(1) The accelerate-stop distance is no
greater than the length of the runway plus the length of the stopway (if present); and
(2) The takeoff distance is no greater
than the length of the runway plus the length of the clearway (if present); and
(3) The takeoff run is no greater than
the length of the runway.
[Docket 18334, 54 FR 34318, Aug. 18, 1989, as
amended by Amdt. 91–256, 63 FR 8321, Feb. 18, 1998]
§ 91.607 Emergency exits for airplanes
carrying passengers for hire.
(a) Notwithstanding any other provi-
sion of this chapter, no person may op-erate a large airplane (type certificated under the Civil Air Regulations effec-tive before April 9, 1957) in passenger- carrying operations for hire, with more than the number of occupants—
(1) Allowed under Civil Air Regula-
tions §4b.362 (a), (b), and (c) as in effect on December 20, 1951; or
(2) Approved under Special Civil Air
Regulations SR–387, SR–389, SR–389A, or SR–389B, or under this section as in effect.
However, an airplane type listed in the
following table may be operated with up to the listed number of occupants (including crewmembers) and the cor-responding number of exits (including emergency exits and doors) approved for the emergency exit of passengers or with an occupant-exit configuration approved under paragraph (b) or (c) of this section.
Airplane type Maximum num-
ber of occupants
including all
crewmembers Corresponding
number of exits
authorized for
passenger use
B–307 ........................ 61 4
B–377 ........................ 96 9
C–46 .......................... 67 4
CV–240 ...................... 53 6
CV–340 and CV–440 53 6
DC–3 ......................... 35 4
DC–3 (Super) ............ 39 5
DC–4 ......................... 86 5
DC–6 ......................... 87 7
DC–6B ....................... 112 11
L–18 ........................... 17 3
L–049, L–649, L–749 87 7
L–1049 series ............ 96 9
M–202 ........................ 53 6
M–404 ........................ 53 7
Viscount 700 series ... 53 7 (b) Occupants in addition to those au-
thorized under paragraph (a) of this section may be carried as follows:
(1) For each additional floor-level
exit at least 24 inches wide by 48 inches high, with an unobstructed 20-inch- wide access aisleway between the exit and the main passenger aisle, 12 addi-tional occupants.
(2) For each additional window exit
located over a wing that meets the re-quirements of the airworthiness stand-ards under which the airplane was type certificated or that is large enough to inscribe an ellipse 19 × 26 inches, eight
additional occupants.
(3) For each additional window exit
that is not located over a wing but that otherwise complies with paragraph (b)(2) of this section, five additional oc-cupants.
(4) For each airplane having a ratio
(as computed from the table in para-graph (a) of this section) of maximum number of occupants to number of exits greater than 14:1, and for each airplane that does not have at least one full-size, door-type exit in the side of the fuselage in the rear part of the cabin, the first additional exit must be a floor-level exit that complies with paragraph (b)(1) of this section and must be located in the rear part of the cabin on the opposite side of the fuse-lage from the main entrance door. However, no person may operate an airplane under this section carrying more than 115 occupants unless there is such an exit on each side of the fuse-lage in the rear part of the cabin.
(c) No person may eliminate any ap-
proved exit except in accordance with the following:
(1) The previously authorized max-
imum number of occupants must be re-duced by the same number of addi-tional occupants authorized for that exit under this section.
(2) Exits must be eliminated in ac-
cordance with the following priority schedule: First, non-over-wing window exits; second, over-wing window exits; third, floor-level exits located in the forward part of the cabin; and fourth, floor-level exits located in the rear of the cabin.
(3) At least one exit must be retained
on each side of the fuselage regardless of the number of occupants.
768 14 CFR Ch. I (1–1–25 Edition) § 91.609
(4) No person may remove any exit
that would result in a ratio of max-imum number of occupants to approved exits greater than 14:1.
(d) This section does not relieve any
person operating under part 121 of this chapter from complying with §121.291.
§ 91.609 Flight data recorders and
cockpit voice recorders.
(a) No holder of an air carrier oper-
ating certificate or an operating cer-tificate may conduct any operation under this part with an aircraft listed in the holder’s operations specifica-tions or current list of aircraft used in air transportation unless that aircraft complies with any applicable flight re-corder and cockpit voice recorder re-quirements of the part under which its certificate is issued except that the op-erator may—
(1) Ferry an aircraft with an inoper-
ative flight recorder or cockpit voice recorder from a place where repair or replacement cannot be made to a place where they can be made;
(2) Continue a flight as originally
planned, if the flight recorder or cock-pit voice recorder becomes inoperative after the aircraft has taken off;
(3) Conduct an airworthiness flight
test during which the flight recorder or cockpit voice recorder is turned off to test it or to test any communications or electrical equipment installed in the aircraft; or
(4) Ferry a newly acquired aircraft
from the place where possession of it is taken to a place where the flight re-corder or cockpit voice recorder is to be installed.
(b) Notwithstanding paragraphs (c)
and (e) of this section, an operator other than the holder of an air carrier or a commercial operator certificate may—
(1) Ferry an aircraft with an inoper-
ative flight recorder or cockpit voice recorder from a place where repair or replacement cannot be made to a place where they can be made;
(2) Continue a flight as originally
planned if the flight recorder or cock-pit voice recorder becomes inoperative after the aircraft has taken off;
(3) Conduct an airworthiness flight
test during which the flight recorder or cockpit voice recorder is turned off to test it or to test any communications
or electrical equipment installed in the aircraft;
(4) Ferry a newly acquired aircraft
from a place where possession of it was taken to a place where the flight re-corder or cockpit voice recorder is to be installed; or
(5) Operate an aircraft: (i) For not more than 15 days while
the flight recorder and/or cockpit voice recorder is inoperative and/or removed for repair provided that the aircraft maintenance records contain an entry that indicates the date of failure, and a placard is located in view of the pilot to show that the flight recorder or cockpit voice recorder is inoperative.
(ii) For not more than an additional
15 days, provided that the requirements in paragraph (b)(5)(i) are met and that a certificated pilot, or a certificated person authorized to return an aircraft to service under §43.7 of this chapter, certifies in the aircraft maintenance records that additional time is required to complete repairs or obtain a replace-ment unit.
(c)(1) No person may operate a U.S.
civil registered, multiengine, turbine- powered airplane or rotorcraft having a passenger seating configuration, ex-cluding any pilot seats of 10 or more that has been manufactured after Octo-ber 11, 1991, unless it is equipped with one or more approved flight recorders that utilize a digital method of record-ing and storing data and a method of readily retrieving that data from the storage medium, that are capable of re-cording the data specified in appendix E to this part, for an airplane, or ap-pendix F to this part, for a rotorcraft, of this part within the range, accuracy, and recording interval specified, and that are capable of retaining no less than 8 hours of aircraft operation.
(2) All airplanes subject to paragraph
(c)(1) of this section that are manufac-tured before April 7, 2010, by April 7, 2012, must meet the requirements of §23.1459(a)(7) or §25.1459(a)(8) of this chapter, as applicable.
(3) All airplanes and rotorcraft sub-
ject to paragraph (c)(1) of this section that are manufactured on or after April 7, 2010, must meet the flight data recorder requirements of §23.1459, §25.1459, §27.1459, or §29.1459 of this
769 Federal Aviation Administration, DOT § 91.609
chapter, as applicable, and retain at
least the last 25 hours of recorded in-formation using a recorder that meets the standards of TSO–C124a, or later re-vision.
(d) Whenever a flight recorder, re-
quired by this section, is installed, it must be operated continuously from the instant the airplane begins the takeoff roll or the rotorcraft begins lift-off until the airplane has com-pleted the landing roll or the rotorcraft has landed at its destination.
(e) Unless otherwise authorized by
the Administrator, after October 11, 1991, no person may operate a U.S. civil registered multiengine, turbine-pow-ered airplane or rotorcraft having a passenger seating configuration of six passengers or more and for which two pilots are required by type certifi-cation or operating rule unless it is equipped with an approved cockpit voice recorder that:
(1) Is installed in compliance with
§23.1457(a)(1) and (2), (b), (c), (d)(1)(i), (2) and (3), (e), (f), and (g); §25.1457(a)(1) and (2), (b), (c), (d)(1)(i), (2) and (3), (e), (f), and (g); §27.1457(a)(1) and (2), (b), (c), (d)(1)(i), (2) and (3), (e), (f), and (g); or §29.1457(a)(1) and (2), (b), (c), (d)(1)(i), (2) and (3), (e), (f), and (g) of this chap-ter, as applicable; and
(2) Is operated continuously from the
use of the checklist before the flight to completion of the final checklist at the end of the flight.
(f) In complying with this section, an
approved cockpit voice recorder having an erasure feature may be used, so that at any time during the operation of the recorder, information recorded more than 15 minutes earlier may be erased or otherwise obliterated.
(g) In the event of an accident or oc-
currence requiring immediate notifica-tion to the National Transportation Safety Board under 49 CFR part 830 of its regulations that results in the ter-mination of the flight, any operator who has installed approved flight re-corders and approved cockpit voice re-corders shall keep the recorded infor-mation for at least 60 days or, if re-quested by the Administrator or the Board, for a longer period. Information obtained from the record is used to as-sist in determining the cause of acci-dents or occurrences in connection with the investigation under 49 CFR
part 830. The Administrator does not use the cockpit voice recorder record in any civil penalty or certificate ac-tion.
(h) All airplanes required by this sec-
tion to have a cockpit voice recorder and a flight data recorder, that are manufactured before April 7, 2010, must by April 7, 2012, have a cockpit voice recorder that also—
(1) Meets the requirements of
§23.1457(d)(6) or §25.1457(d)(6) of this chapter, as applicable; and
(2) If transport category, meets the
requirements of §25.1457(a)(3), (a)(4), and (a)(5) of this chapter.
(i) All airplanes or rotorcraft re-
quired by this section to have a cockpit voice recorder and flight data recorder, that are manufactured on or after April 7, 2010, must have a cockpit voice recorder installed that also—
(1) Is installed in accordance with the
requirements of §23.1457 (except for paragraphs (a)(6) and (d)(5)); §25.1457 (except for paragraphs (a)(6) and (d)(5)); §27.1457 (except for paragraphs (a)(6) and (d)(5)); or §29.1457 (except for para-graphs (a)(6) and (d)(5)) of this chapter, as applicable; and
(2) Retains at least the last 2 hours of
recorded information using a recorder that meets the standards of TSO–C123a, or later revision.
(3) For all airplanes or rotorcraft
manufactured on or after April 6, 2012, also meets the requirements of §23.1457(a)(6) and (d)(5); §25.1457(a)(6) and (d)(5); §27.1457(a)(6) and (d)(5); or §29.1457(a)(6) and (d)(5) of this chapter, as applicable.
(j) All airplanes or rotorcraft re-
quired by this section to have a cockpit voice recorder and a flight data re-corder, that install datalink commu-nication equipment on or after April 6, 2012, must record all datalink messages as required by the certification rule ap-plicable to the aircraft.
(k) An aircraft operated under this
part under deviation authority from part 125 of this chapter must comply with all of the applicable flight data
770 14 CFR Ch. I (1–1–25 Edition) § 91.611
recorder requirements of part 125 appli-
cable to the aircraft, notwithstanding such deviation authority.
[Docket 18334, 54 FR 34318, Aug. 18, 1989, as
amended by Amdt. 91–226, 56 FR 51621, Oct. 11, 1991; Amdt. 91–228, 57 FR 19353, May 5, 1992; Amdt. 91–300, 73 FR 12564, Mar. 7, 2008; Amdt. 91–304, 73 FR 73178, Dec. 2, 2008; Amdt. 91–300, 74 FR 32800, July 9, 2009; Amdt. 91–313, 75 FR 17045, Apr. 5, 2010; Docket FAA–2022– 1355, Amdt. 91–366, 87 FR 75846, Dec. 9, 2022]
§ 91.611 Authorization for ferry flight
with one engine inoperative.
(a) General. The holder of an air car-
rier operating certificate or an oper-ating certificate issued under part 125 may conduct a ferry flight of a four-en-gine airplane or a turbine-engine-pow-ered airplane equipped with three en-gines, with one engine inoperative, to a base for the purpose of repairing that engine subject to the following:
(1) The airplane model has been test
flown and found satisfactory for safe flight in accordance with paragraph (b) or (c) of this section, as appropriate. However, each operator who before No-vember 19, 1966, has shown that a model of airplane with an engine inoperative is satisfactory for safe flight by a test flight conducted in accordance with performance data contained in the ap-plicable Airplane Flight Manual under
paragraph (a)(2) of this section need not repeat the test flight for that model.
(2) The approved Airplane Flight
Manual contains the following per-formance data and the flight is con-ducted in accordance with that data:
(i) Maximum weight. (ii) Center of gravity limits. (iii) Configuration of the inoperative
propeller (if applicable).
(iv) Runway length for takeoff (in-
cluding temperature accountability).
(v) Altitude range. (vi) Certificate limitations. (vii) Ranges of operational limits. (viii) Performance information. (ix) Operating procedures. (3) The operator has FAA approved
procedures for the safe operation of the airplane, including specific require-ments for—
(i) Limiting the operating weight on
any ferry flight to the minimum nec-essary for the flight plus the necessary reserve fuel load; (ii) A limitation that takeoffs must
be made from dry runways unless, based on a showing of actual operating takeoff techniques on wet runways with one engine inoperative, takeoffs with full controllability from wet run-ways have been approved for the spe-cific model aircraft and included in the Airplane Flight Manual:
(iii) Operations from airports where
the runways may require a takeoff or approach over populated areas; and
(iv) Inspection procedures for deter-
mining the operating condition of the operative engines.
(4) No person may take off an air-
plane under this section if—
(i) The initial climb is over thickly
populated areas; or
(ii) Weather conditions at the takeoff
or destination airport are less than those required for VFR flight.
(5) Persons other than required flight
crewmembers shall not be carried dur-ing the flight.
(6) No person may use a flight crew-
member for flight under this section unless that crewmember is thoroughly familiar with the operating procedures for one-engine inoperative ferry flight contained in the certificate holder’s manual and the limitations and per-formance information in the Airplane Flight Manual.
(b) Flight tests: reciprocating-engine-
powered airplanes. The airplane per-
formance of a reciprocating-engine- powered airplane with one engine inop-erative must be determined by flight test as follows:
(1) A speed not less than 1.3 V
S1must
be chosen at which the airplane may be controlled satisfactorily in a climb with the critical engine inoperative (with its propeller removed or in a con-figuration desired by the operator and with all other engines operating at the maximum power determined in para-graph (b)(3) of this section.
(2) The distance required to accel-
erate to the speed listed in paragraph
(b)(1) of this section and to climb to 50 feet must be determined with—
(i) The landing gear extended; (ii) The critical engine inoperative
and its propeller removed or in a con-figuration desired by the operator; and
771 Federal Aviation Administration, DOT § 91.613
(iii) The other engines operating at
not more than maximum power estab-lished under paragraph (b)(3) of this section.
(3) The takeoff, flight and landing
procedures, such as the approximate trim settings, method of power applica-tion, maximum power, and speed must be established.
(4) The performance must be deter-
mined at a maximum weight not great-er than the weight that allows a rate of climb of at least 400 feet per minute in the en route configuration set forth in §25.67(d) of this chapter in effect on January 31, 1977, at an altitude of 5,000 feet.
(5) The performance must be deter-
mined using temperature account-ability for the takeoff field length, computed in accordance with §25.61 of this chapter in effect on January 31, 1977.
(c) Flight tests: Turbine-engine-powered
airplanes. The airplane performance of
a turbine-engine-powered airplane with one engine inoperative must be deter-mined by flight tests, including at least three takeoff tests, in accordance with the following:
(1) Takeoff speeds V
Rand V 2, not less
than the corresponding speeds under which the airplane was type certifi-cated under §25.107 of this chapter, must be chosen at which the airplane may be controlled satisfactorily with the critical engine inoperative (with its propeller removed or in a configura-tion desired by the operator, if applica-ble) and with all other engines oper-ating at not more than the power se-lected for type certification as set forth in §25.101 of this chapter.
(2) The minimum takeoff field length
must be the horizontal distance re-quired to accelerate and climb to the 35-foot height at V
2speed (including
any additional speed increment ob-tained in the tests) multiplied by 115 percent and determined with—
(i) The landing gear extended; (ii) The critical engine inoperative
and its propeller removed or in a con-figuration desired by the operator (if applicable); and
(iii) The other engine operating at
not more than the power selected for type certification as set forth in §25.101 of this chapter. (3) The takeoff, flight, and landing
procedures such as the approximate trim setting, method of power applica-tion, maximum power, and speed must be established. The airplane must be satisfactorily controllable during the entire takeoff run when operated ac-cording to these procedures.
(4) The performance must be deter-
mined at a maximum weight not great-er than the weight determined under §25.121(c) of this chapter but with—
(i) The actual steady gradient of the
final takeoff climb requirement not less than 1.2 percent at the end of the takeoff path with two critical engines inoperative; and
(ii) The climb speed not less than the
two-engine inoperative trim speed for the actual steady gradient of the final takeoff climb prescribed by paragraph (c)(4)(i) of this section.
(5) The airplane must be satisfac-
torily controllable in a climb with two critical engines inoperative. Climb per-formance may be shown by calcula-tions based on, and equal in accuracy to, the results of testing.
(6) The performance must be deter-
mined using temperature account-ability for takeoff distance and final takeoff climb computed in accordance with §25.101 of this chapter.
For the purpose of paragraphs (c)(4)
and (5) of this section, two critical en-
gines means two adjacent engines on
one side of an airplane with four en-gines, and the center engine and one outboard engine on an airplane with three engines.
§ 91.613 Materials for compartment in-
teriors.
(a) No person may operate an air-
plane that conforms to an amended or supplemental type certificate issued in accordance with SFAR No. 41 for a maximum certificated takeoff weight in excess of 12,500 pounds unless within 1 year after issuance of the initial air-worthiness certificate under that SFAR the airplane meets the compart-ment interior requirements set forth in §25.853 (a), (b), (b–1), (b–2), and (b–3) of this chapter in effect on September 26, 1978.
772 14 CFR Ch. I (1–1–25 Edition) §§ 91.615–91.699
(b) Thermal/acoustic insulation ma-
terials. For transport category air-planes type certificated after January 1, 1958:
(1) For airplanes manufactured before
September 2, 2005, when thermal/acous-tic insulation is installed in the fuse-lage as replacements after September 2, 2005, the insulation must meet the flame propagation requirements of §25.856 of this chapter, effective Sep-tember 2, 2003, if it is:
(i) Of a blanket construction or (ii) Installed around air ducting. (2) For airplanes manufactured after
September 2, 2005, thermal/acoustic in-sulation materials installed in the fu-selage must meet the flame propaga-tion requirements of §25.856 of this chapter, effective September 2, 2003.
[Docket 18334, 54 FR 34318, Aug. 18, 1989, as
amended by Amdt. 91–279, 68 FR 45083, July 31, 2003; Amdt. 91–290, 70 FR 77752, Dec. 30, 2005]
§§ 91.615–91.699 [Reserved]
Subpart H—Foreign Aircraft Oper-
ations and Operations of U.S.- Registered Civil Aircraft Out-side of the United States; and Rules Governing Persons on Board Such Aircraft
SOURCE : Docket 18334, 54 FR 34320, Aug. 18,
1989, unless otherwise noted.
§ 91.701 Applicability.
(a) This subpart applies to the oper-
ations of civil aircraft of U.S. registry outside of the United States and the operations of foreign civil aircraft within the United States.
(b) Section 91.702 of this subpart also
applies to each person on board an air-craft operated as follows:
(1) A U.S. registered civil aircraft op-
erated outside the United States;
(2) Any aircraft operated outside the
United States—
(i) That has its next scheduled des-
tination or last place of departure in the United States if the aircraft next lands in the United States; or
(ii) If the aircraft lands in the United
States with the individual still on the aircraft regardless of whether it was a scheduled or otherwise planned landing
site.
[Docket FAA–1998–4954, 64 FR 1079, Jan. 7,
1999]
§ 91.702 Persons on board.
Section 91.11 of this part (Prohibi-
tions on interference with crew-members) applies to each person on board an aircraft.
[Docket FAA–1998–4954, 64 FR 1079, Jan. 7,
1999]
§ 91.703 Operations of civil aircraft of
U.S. registry outside of the United States.
(a) Each person operating a civil air-
craft of U.S. registry outside of the United States shall—
(1) When over the high seas, comply
with Annex 2 (Rules of the Air) to the Convention on International Civil Aviation and with §§91.117(c), 91.127, 91.129, and 91.131;
(2) When within a foreign country,
comply with the regulations relating to the flight and maneuver of aircraft there in force;
(3) Except for §§91.117(a), 91.307(b),
91.309, 91.323, and 91.711, comply with this part so far as it is not inconsistent with applicable regulations of the for-eign country where the aircraft is oper-ated or Annex 2 of the Convention on International Civil Aviation; and
(4) When operating within airspace
designated as Reduced Vertical Separa-tion Minimum (RVSM) airspace, com-ply with §91.706.
(5) For aircraft subject to ICAO
Annex 16, carry on board the aircraft documents that summarize the noise operating characteristics and certifi-cations of the aircraft that dem-onstrate compliance with this part and part 36 of this chapter.
(b) Annex 2 to the Convention on
International Civil Aviation, Rules of the Air, Tenth Edition—July 2005, with Amendments through Amendment 45, applicable November 10, 2016, is incor-porated by reference into this section with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edi-tion other than that specified in this section, the FAA must publish a docu-ment in the F
EDERAL REGISTER and the
773 Federal Aviation Administration, DOT § 91.711
material must be available to the pub-
lic. All approved material is available for inspection at U.S. Department of Transportation, Docket Operations, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590 and is available from the International Civil Aviation Organization (ICAO), Marketing and Customer Relations Unit, 999 Robert Bourassa Boulevard, Montreal, Quebec H3C 5H7, Canada; http://store1.icao.int/;
or by contacting the ICAO Marketing and Customer Relations Unit by tele-phone at 514–954–8022 or by email at sales@icao.int. For questions about
ICAO Annex 2, contact the FAA’s Of-fice of International Affairs at (202) 267–1000. It is also available for inspec-tion at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to http://www.archives.gov/fed-
eral _register/code _of_federal _regulations/
ibr_locations.html.
[Docket 18834, 54 FR 34320, Aug. 18, 1989, as
amended by Amdt. 91–227, 56 FR 65661, Dec. 17, 1991; Amdt. 91–254, 62 FR 17487, Apr. 9, 1997; 69 FR 18803, Apr. 9, 2004; Amdt. 91–299, 73 FR 10143, Feb. 26, 2008; Amdt. 91–312, 75 FR 9333, Mar. 2, 2010; Docket FAA–2016–9154, Amdt. 91–348, 82 FR 39664, Aug. 22, 2017]
§ 91.705 [Reserved]
§ 91.706 Operations within airspace
designed as Reduced Vertical Sepa-ration Minimum Airspace.
(a) Except as provided in paragraph
(b) of this section, no person may oper-ate a civil aircraft of U.S. registry in airspace designated as Reduced Vertical Separation Minimum (RVSM) airspace unless:
(1) The operator and the operator’s
aircraft comply with the requirements of appendix G of this part; and
(2) The operator is authorized by the
Administrator to conduct such oper-ations.
(b) The Administrator may authorize
a deviation from the requirements of this section in accordance with Section 5 of appendix G to this part.
[Docket 28870, 62 FR 17487, Apr. 9, 1997] § 91.707 Flights between Mexico or
Canada and the United States.
Unless otherwise authorized by ATC,
no person may operate a civil aircraft between Mexico or Canada and the United States without filing an IFR or VFR flight plan, as appropriate.
§ 91.709 Operations to Cuba.
No person may operate a civil air-
craft from the United States to Cuba unless—
(a) Departure is from an inter-
national airport of entry designated in §6.13 of the Air Commerce Regulations of the Bureau of Customs (19 CFR 6.13); and
(b) In the case of departure from any
of the 48 contiguous States or the Dis-trict of Columbia, the pilot in com-mand of the aircraft has filed—
(1) A DVFR or IFR flight plan as pre-
scribed in §99.11 or §99.13 of this chap-ter; and
(2) A written statement, within 1
hour before departure, with the Office of Immigration and Naturalization Service at the airport of departure, containing—
(i) All information in the flight plan; (ii) The name of each occupant of the
aircraft;
(iii) The number of occupants of the
aircraft; and
(iv) A description of the cargo, if any.
This section does not apply to the oper-
ation of aircraft by a scheduled air car-rier over routes authorized in oper-ations specifications issued by the Ad-ministrator.
(Approved by the Office of Management and
Budget under control number 2120–0005)
§ 91.711 Special rules for foreign civil
aircraft.
(a) General. In addition to the other
applicable regulations of this part, each person operating a foreign civil aircraft within the United States shall comply with this section.
(b) VFR. No person may conduct VFR
operations which require two-way radio communications under this part unless at least one crewmember of that aircraft is able to conduct two-way radio communications in the English language and is on duty during that op-eration.
774 14 CFR Ch. I (1–1–25 Edition) § 91.713
(c) IFR. No person may operate a for-
eign civil aircraft under IFR unless—
(1) That aircraft is equipped with— (i) Radio equipment allowing two-
way radio communication with ATC when it is operated in controlled air-space; and
(ii) Navigation equipment suitable
for the route to be flown.
(2) Each person piloting the air-
craft—
(i) Holds a current United States in-
strument rating or is authorized by his foreign airman certificate to pilot under IFR; and
(ii) Is thoroughly familiar with the
United States en route, holding, and
letdown procedures; and
(3) At least one crewmember of that
aircraft is able to conduct two-way ra-diotelephone communications in the English language and that crewmember is on duty while the aircraft is ap-proaching, operating within, or leaving the United States.
(d) Over water. Each person operating
a foreign civil aircraft over water off the shores of the United States shall give flight notification or file a flight plan in accordance with the Supple-mentary Procedures for the ICAO re-gion concerned.
(e) Flight at and above FL 240. If VOR
navigation equipment is required under paragraph (c)(1)(ii) of this section, no person may operate a foreign civil air-craft within the 50 States and the Dis-trict of Columbia at or above FL 240, unless the aircraft is equipped with ap-proved DME or a suitable RNAV sys-tem. When the DME or RNAV system required by this paragraph fails at and above FL 240, the pilot in command of the aircraft must notify ATC imme-diately and may then continue oper-ations at and above FL 240 to the next airport of intended landing where re-pairs or replacement of the equipment can be made. A foreign civil aircraft may be operated within the 50 States and the District of Columbia at or above FL 240 without DME or an RNAV system when operated for the following purposes, and ATC is notified before each takeoff:
(1) Ferry flights to and from a place
in the United States where repairs or alterations are to be made. (2) Ferry flights to a new country of
registry.
(3) Flight of a new aircraft of U.S.
manufacture for the purpose of—
(i) Flight testing the aircraft; (ii) Training foreign flight crews in
the operation of the aircraft; or
(iii) Ferrying the aircraft for export
delivery outside the United States.
(4) Ferry, demonstration, and test
flight of an aircraft brought to the United States for the purpose of dem-onstration or testing the whole or any part thereof.
[Docket 18834, 54 FR 34320, Aug. 18, 1989, as
amended by Amdt. 91–227, 56 FR 65661, Dec. 17, 1991; Amdt. 91–296, 72 FR 31679, June 7, 2007]
§ 91.713 Operation of civil aircraft of
Cuban registry.
No person may operate a civil air-
craft of Cuban registry except in con-trolled airspace and in accordance with air traffic clearance or air traffic con-trol instructions that may require use of specific airways or routes and land-ings at specific airports.
§ 91.715 Special flight authorizations
for foreign civil aircraft.
(a) Foreign civil aircraft may be op-
erated without airworthiness certifi-cates required under §91.203 if a special flight authorization for that operation is issued under this section. Applica-tion for a special flight authorization must be made to the appropriate Flight Standards Division Manager, or Air-craft Certification Service Division Di-rector. However, in the case of an air-craft to be operated in the U.S. for the purpose of demonstration at an air-show, the application may be made to the appropriate Flight Standards Divi-sion Manager or Aircraft Certification Service Division Director responsible for the airshow location.
(b) The Administrator may issue a
special flight authorization for a for-eign civil aircraft subject to any condi-tions and limitations that the Admin-istrator considers necessary for safe operation in the U.S. airspace.
(c) No person may operate a foreign
civil aircraft under a special flight au-thorization unless that operation also complies with part 375 of the Special
775 Federal Aviation Administration, DOT § 91.801
Regulations of the Department of
Transportation (14 CFR part 375).
(Approved by the Office of Management and
Budget under control number 2120–0005)
[Docket 18334, 54 FR 34320, Aug. 18, 1989, as
amended by Amdt. 91–212, 54 FR 39293, Sept. 25, 1989; Docket FAA–2018–0119, Amdt. 91–350, 83 FR 9171, Mar. 5, 2018]
§§ 91.717–91.799 [Reserved]
Subpart I—Operating Noise Limits
SOURCE : Docket 18334, 54 FR 34321, Aug. 18,
1989, unless otherwise noted.
§ 91.801 Applicability: Relation to part
(a) This subpart prescribes operating
noise limits and related requirements that apply, as follows, to the operation of civil aircraft in the United States.
(1) Sections 91.803, 91.805, 91.807,
91.809, and 91.811 apply to civil subsonic jet (turbojet) airplanes with maximum weights of more than 75,000 pounds and—
(i) If U.S. registered, that have stand-
ard airworthiness certificates; or
(ii) If foreign registered, that would
be required by this chapter to have a U.S. standard airworthiness certificate in order to conduct the operations in-tended for the airplane were it reg-istered in the United States. Those sec-tions apply to operations to or from airports in the United States under this part and parts 121, 125, 129, and 135 of this chapter.
(2) Section 91.813 applies to U.S. oper-
ators of civil subsonic jet (turbojet) airplanes covered by this subpart. This section applies to operators operating to or from airports in the United States under this part and parts 121, 125, and 135, but not to those operating under part 129 of this chapter.
(3) Sections 91.803, 91.819, and 91.821
apply to U.S.-registered civil super-sonic airplanes having standard air-worthiness certificates and to foreign- registered civil supersonic airplanes that, if registered in the United States, would be required by this chapter to have U.S. standard airworthiness cer-tificates in order to conduct the oper-ations intended for the airplane. Those sections apply to operations under this part and under parts 121, 125, 129, and
135 of this chapter.
(b) Unless otherwise specified, as
used in this subpart ‘‘part 36’’ refers to 14 CFR part 36, including the noise lev-els under appendix C of that part, not-withstanding the provisions of that part excepting certain airplanes from the specified noise requirements. For purposes of this subpart, the various stages of noise levels, the terms used to describe airplanes with respect to those levels, and the terms ‘‘subsonic air-plane’’ and ‘‘supersonic airplane’’ have the meanings specified under part 36 of this chapter. For purposes of this sub-part, for subsonic airplanes operated in foreign air commerce in the United States, the Administrator may accept compliance with the noise require-ments under annex 16 of the Inter-national Civil Aviation Organization when those requirements have been shown to be substantially compatible with, and achieve results equivalent to those achievable under, part 36 for that airplane. Determinations made under these provisions are subject to the lim-itations of §36.5 of this chapter as if those noise levels were part 36 noise levels.
(c) Sections 91.851 through 91.877 of
this subpart prescribe operating noise limits and related requirements that apply to any civil subsonic jet (tur-bojet) airplane (for which an airworthi-ness certificate other than an experi-mental certificate has been issued by the Administrator) with a maximum certificated takeoff weight of more than 75,000 pounds operating to or from an airport in the 48 contiguous United States and the District of Columbia under this part, parts 121, 125, 129, or 135 of this chapter on and after Sep-tember 25, 1991.
(d) Section 91.877 prescribes reporting
requirements that apply to any civil subsonic jet (turbojet) airplane with a maximum weight of more than 75,000 pounds operated by an air carrier or foreign air carrier between the contig-uous United States and the State of Hawaii, between the State of Hawaii and any point outside of the 48 contig-uous United States, or between the is-lands of Hawaii in turnaround service, under part 121 or 129 of this chapter on or after November 5, 1990.
776 14 CFR Ch. I (1–1–25 Edition) § 91.803
(e) Sections 91.881 through 91.883 of
this subpart prescribe operating noise limits and related requirements that apply to any civil subsonic jet airplane with a maximum takeoff weight of 75,000 pounds or less and for which an airworthiness certificate (other than an experimental certificate) has been issued, operating to or from an airport in the contiguous United States under this part, part 121, 125, 129, or 135 of this chapter on and after December 31, 2015.
[Docket 18334, 54 FR 34321, Aug. 18, 1989;
Amdt. 91–211, 54 FR 41211, Oct. 5, 1989, as amended by Amdt. 91–225, 56 FR 48658, Sept. 25, 1991; Amdt. 91–252, 61 FR 66185, Dec. 16, 1996; Amdt. 91–275, 67 FR 45237, July 8, 2002; Amdt. 91–276, 67 FR 46571, July 15, 2002; Amdt. 91–328, 78 FR 39583, July 2, 2013]
§ 91.803 Part 125 operators: Designa-
tion of applicable regulations.
For airplanes covered by this subpart
and operated under part 125 of this chapter, the following regulations apply as specified:
(a) For each airplane operation to
which requirements prescribed under this subpart applied before November 29, 1980, those requirements of this sub-part continue to apply.
(b) For each subsonic airplane oper-
ation to which requirements prescribed under this subpart did not apply before November 29, 1980, because the airplane was not operated in the United States under this part or part 121, 129, or 135 of this chapter, the requirements pre-scribed under §91.805 of this subpart apply.
(c) For each supersonic airplane oper-
ation to which requirements prescribed under this subpart did not apply before November 29, 1980, because the airplane was not operated in the United States under this part or part 121, 129, or 135 of this chapter, the requirements of §§91.819 and 91.821 of this subpart apply.
(d) For each airplane required to op-
erate under part 125 for which a devi-ation under that part is approved to operate, in whole or in part, under this part or part 121, 129, or 135 of this chap-ter, notwithstanding the approval, the requirements prescribed under para-graphs (a), (b), and (c) of this section
continue to apply.
[Docket 18334, 54 FR 34321, Aug. 18, 1989, as
amended by Amdt. 91–276, 67 FR 46571, July 15, 2002]
§ 91.805 Final compliance: Subsonic
airplanes.
Except as provided in §§91.809 and
91.811, on and after January 1, 1985, no person may operate to or from an air-port in the United States any subsonic airplane covered by this subpart unless that airplane has been shown to com-ply with Stage 2 or Stage 3 noise levels under part 36 of this chapter.
§§ 91.807–91.813 [Reserved] § 91.815 Agricultural and fire fighting
airplanes: Noise operating limita-tions.
(a) This section applies to propeller-
driven, small airplanes having standard airworthiness certificates that are de-signed for ‘‘agricultural aircraft oper-ations’’ (as defined in §137.3 of this chapter, as effective on January 1, 1966) or for dispensing fire fighting mate-rials.
(b) If the Airplane Flight Manual, or
other approved manual material infor-mation, markings, or placards for the airplane indicate that the airplane has not been shown to comply with the noise limits under part 36 of this chap-ter, no person may operate that air-plane, except—
(1) To the extent necessary to accom-
plish the work activity directly associ-ated with the purpose for which it is designed;
(2) To provide flight crewmember
training in the special purpose oper-ation for which the airplane is de-signed; and
(3) To conduct ‘‘nondispensing aerial
work operations’’ in accordance with the requirements under §137.29(c) of this chapter.
§ 91.817 Civil aircraft sonic boom.
(a) No person may operate a civil air-
craft in the United States at a true flight Mach number greater than 1 ex-cept in compliance with conditions and limitations in an authorization to ex-ceed Mach 1 issued to the operator in accordance with §91.818.
777 Federal Aviation Administration, DOT § 91.818
(b) In addition, no person may oper-
ate a civil aircraft for which the max-imum operating limit speed M
M0ex-
ceeds a Mach number of 1, to or from an airport in the United States, un-less—
(1) Information available to the
flight crew includes flight limitations that ensure that flights entering or leaving the United States will not cause a sonic boom to reach the surface within the United States; and
(2) The operator complies with the
flight limitations prescribed in para-graph (b)(1) of this section or complies with conditions and limitations in an authorization to exceed Mach 1 issued in accordance with §91.818.
(Approved by the Office of Management and
Budget under control number 2120–0005)
[Docket 18334, 54 FR 34321, Aug. 18, 1989, as
amended by Amdt. 91–362, 86 FR 3792, Jan. 15, 2021]
§ 91.818 Special flight authorization to
exceed Mach 1.
For all civil aircraft, any operation
that exceeds Mach 1 may be conducted only in accordance with a special flight authorization issued to an operator in accordance with the requirements of this section.
(a) Application. Application for a spe-
cial flight authorization to exceed Mach 1 must be made to the FAA Of-fice of Environment and Energy for consideration by the Administrator. Each application must include:
(1) The name of the operator;
(2) The number and model(s) of the
aircraft to be operated;
(3) The number of proposed flights; (4) The date range during which the
flight(s) would be conducted;
(5) The time of day the flight(s)
would be conducted. Proposed night op-erations may require further justifica-tion for their necessity;
(6) A description of the flight area re-
quested by the applicant, including any environmental information required to be submitted pursuant to paragraph (c) of this section;
(7) All conditions and limitations on
the flight(s) that will ensure that no measurable sonic boom overpressure will reach the surface outside of the proposed flight area; and (8) The reason(s) that operation at a
speed greater than Mach 1 is necessary. A special flight authorization to exceed Mach 1 may be granted only for oper-ations that are intended to:
(i) Show compliance with airworthi-
ness requirements;
(ii) Determine the sonic boom char-
acteristics of an aircraft;
(iii) Establish a means of reducing or
eliminating the effects of sonic boom, including flight profiles and special features of an aircraft;
(iv) Demonstrate the conditions and
limitations under which speeds in ex-cess of Mach 1 will not cause a measur-able sonic boom overpressure to reach the surface; or
(v) Measure the noise characteristics
of an aircraft to demonstrate compli-ance with noise requirements imposed under this chapter, or to determine the limits for operation in accordance with §91.817(b).
(9) For any purpose listed in para-
graph (a)(8) of this section, each appli-cant must indicate why its intended operation cannot be safely or properly accomplished over the ocean at a dis-tance ensuring that no sonic boom overpressure reaches any land surface in the United States.
(b) Operation outside a test area. An
applicant may apply for an authoriza-tion to conduct flights outside a test area under certain conditions and limi-tations upon a conservative showing that:
(1) Flight(s) within a test area have
been conducted in accordance with an authorization issued for the purpose specified in paragraph (a)(8)(iv) of this section;
(2) The results of the flight test(s) re-
quired by paragraph (b)(1) of this sec-tion demonstrate that a speed in excess of Mach 1 does not cause a measurable sonic boom overpressure to reach the surface; and
(3) The conditions and limitations de-
termined by the test(s) represent all foreseeable operating conditions and are effective on all flights conducted under an authorization.
(c) Environmental findings. (1) No spe-
cial flight authorization will be grant-ed if the Administrator finds that such action is necessary to protect or en-hance the environment.
778 14 CFR Ch. I (1–1–25 Edition) § 91.819
(2) The Administrator is required to
consider the potential environmental impacts resulting from the issuance of an authorization for a particular flight area pursuant to the National Environ-
mental Policy Act of 1969 (NEPA) (42 U.S.C 4321 et seq. ), all applicable regula-
tions implementing NEPA, and related Executive orders and guidance. Accord-ingly, each applicant must provide in-formation that sufficiently describes the potential environmental impact of any flight in excess of Mach 1, includ-ing the effect of a sonic boom reaching the surface in the proposed flight area, to enable the FAA to determine wheth-er such impacts are significant within the meaning of NEPA.
(d) Issuance. An authorization to op-
erate a civil aircraft in excess of Mach 1 may be issued only after an applicant has submitted the information de-scribed in this section and the Admin-istrator has taken the required action regarding the environmental findings described in paragraph (c) of this sec-tion.
(e) Duration. (1) An authorization to
exceed Mach 1 will be granted for the time the Administrator determines necessary to conduct the flights for the described purposes.
(2) An authorization to exceed Mach 1
is effective until it expires or is surren-dered.
(3) An authorization to exceed Mach 1
may be terminated, suspended, or amended by the Administrator at any time the Administrator finds that such action is necessary to protect the envi-ronment.
(4) The holder of an authorization to
exceed Mach 1 may request reconsider-ation of a termination, amendment, or suspension issued under paragraph (e)(3) of this section within 30 days of notice of the action. Failure to request reconsideration and provide informa-tion why the Administrator’s action is not appropriate will result in perma-nent termination of the authorization.
(5) Findings made by and actions
taken by the Administrator under this section do not affect any certificate issued under chapter 447 of Title 49 of the United States Code.
[Docket FAA-2019-0451, Amdt. 91–362, 86 FR
3792, Jan. 15, 2021] § 91.819 Civil supersonic airplanes that
do not comply with part 36.
(a) Applicability. This section applies
to civil supersonic airplanes that have not been shown to comply with the Stage 2 noise limits of part 36 in effect on October 13, 1977, using applicable trade-off provisions, and that are oper-ated in the United States, after July 31, 1978.
(b) Airport use. Except in an emer-
gency, the following apply to each per-son who operates a civil supersonic air-plane to or from an airport in the United States:
(1) Regardless of whether a type de-
sign change approval is applied for under part 21 of this chapter, no person may land or take off an airplane cov-ered by this section for which the type design is changed, after July 31, 1978, in a manner constituting an ‘‘acoustical change’’ under §21.93 unless the acous-tical change requirements of part 36 are complied with.
(2) No flight may be scheduled, or
otherwise planned, for takeoff or land-ing after 10 p.m. and before 7 a.m. local time.
§ 91.821 Civil supersonic airplanes:
Noise limits.
Except for Concorde airplanes having
flight time before January 1, 1980, no person may operate in the United States, a civil supersonic airplane that does not comply with Stage 2 noise limits of part 36 in effect on October 13, 1977, using applicable trade-off provi-sions.
§§ 91.823–91.849 [Reserved] § 91.851 Definitions.
For the purposes of §§91.851 through
91.877 of this subpart:
Chapter 4 noise level means a noise
level at or below the maximum noise level prescribed in Chapter 4, Para-graph 4.4, Maximum Noise Levels, of the International Civil Aviation Orga-nization (ICAO) Annex 16, Volume I, Amendment 7, effective March 21, 2002. The Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51 approved the incorporation by reference of this document, which can be obtained from the International Civil Aviation Organization (ICAO),
779 Federal Aviation Administration, DOT § 91.855
Document Sales Unit, 999 University
Street, Montreal, Quebec H3C 5H7, Can-ada. Also, you may obtain documents on the Internet at http://www.ICAO.int/
eshop/index.cfm. Copies may be reviewed
at the U.S. Department of Transpor-tation, Docket Operations, West Build-ing Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590 or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741– 6030, or go to: http://www.archives.gov/
federal _register/
code _of_federal _regulations/
ibr_locations.html.
Contiguous United States means the
area encompassed by the 48 contiguous United States and the District of Co-lumbia.
Fleet means those civil subsonic jet
(turbojet) airplanes with a maximum certificated weight of more than 75,000 pounds that are listed on an operator’s operations specifications as eligible for operation in the contiguous United States.
Import means a change in ownership
of an airplane from a non-U.S. person to a U.S. person when the airplane is brought into the United States for op-eration.
Operations specifications means an
enumeration of airplanes by type, model, series, and serial number oper-ated by the operator or foreign air car-rier on a given day, regardless of how or whether such airplanes are formally listed or designated by the operator.
Owner means any person that has in-
dicia of ownership sufficient to register the airplane in the United States pur-suant to part 47 of this chapter.
New entrant means an air carrier or
foreign air carrier that, on or before November 5, 1990, did not conduct oper-ations under part 121 or 129 of this chapter using an airplane covered by this subpart to or from any airport in the contiguous United States, but that initiates such operation after that date.
Stage 2 noise levels mean the require-
ments for Stage 2 noise levels as de-fined in part 36 of this chapter in effect on November 5, 1990.
Stage 3 noise levels mean the require-
ments for Stage 3 noise levels as de-fined in part 36 of this chapter in effect
on November 5, 1990.
Stage 4 noise level means a noise level
at or below the Stage 4 noise limit pre-scribed in part 36 of this chapter.
Stage 2 airplane means a civil sub-
sonic jet (turbojet) airplane with a maximum certificated weight of 75,000 pounds or more that complies with Stage 2 noise levels as defined in part 36 of this chapter.
Stage 3 airplane means a civil sub-
sonic jet (turbojet) airplane with a maximum certificated weight of 75,000 pounds or more that complies with Stage 3 noise levels as defined in part 36 of this chapter.
Stage 4 airplane means an airplane
that has been shown not to exceed the Stage 4 noise limit prescribed in part 36 of this chapter. A Stage 4 airplane complies with all of the noise oper-ating rules of this part.
Stage 5 airplane means an airplane
that has been shown not to exceed the Stage 5 noise limit prescribed in part 36 of this chapter. A Stage 5 airplane complies with all of the noise oper-ating rules of this part.
Stage 5 noise level means a noise level
at or below the Stage 5 noise limit pre-scribed in part 36 of this chapter.
[Docket 26433, 56 FR 48658, Sept. 25, 1991, as
amended by Amdt. 91–252, 61 FR 66185, Dec. 16, 1996; Amdt. 91–275, 67 FR 45237, July 8, 2002; Amdt. 91–288, 70 FR 38749, July 5, 2005; 72 FR 68475, Dec. 5, 2007; Docket FAA–2015–3782, Amdt. 91–349, 82 FR 46132, Oct. 4, 2017]
§ 91.853 Final compliance: Civil sub-
sonic airplanes.
Except as provided in §91.873, after
December 31, 1999, no person shall oper-ate to or from any airport in the con-tiguous United States any airplane subject to §91.801(c), unless that air-plane has been shown to comply with Stage 3, Stage 4, or Stage 5 noise lev-els.
[Docket FAA–2015–3782, Amdt. 91–349, 82 FR
46132, Oct. 4, 2017]
§ 91.855 Entry and nonaddition rule.
No person may operate any airplane
subject to §91.801(c) of this subpart to or from an airport in the contiguous United States unless one or more of the following apply:
780 14 CFR Ch. I (1–1–25 Edition) § 91.857
(a) The airplane complies with Stage
3, Stage 4, or Stage 5 noise levels.
(b) The airplane complies with Stage
2 noise levels and was owned by a U.S. person on and since November 5, 1990. Stage 2 airplanes that meet these cri-teria and are leased to foreign airlines are also subject to the return provi-sions of paragraph (e) of this section.
(c) The airplane complies with Stage
2 noise levels, is owned by a non-U.S. person, and is the subject of a binding lease to a U.S. person effective before and on September 25, 1991. Any such airplane may be operated for the term of the lease in effect on that date, and any extensions thereof provided for in that lease.
(d) The airplane complies with Stage
2 noise levels and is operated by a for-eign air carrier.
(e) The airplane complies with Stage
2 noise levels and is operated by a for-eign operator other than for the pur-pose of foreign air commerce.
(f) The airplane complies with Stage
2 noise levels and—
(1) On November 5, 1990, was owned
by:
(i) A corporation, trust, or partner-
ship organized under the laws of the United States or any State (including individual States, territories, posses-sions, and the District of Columbia);
(ii) An individual who is a citizen of
the United States; or
(iii) An entity owned or controlled by
a corporation, trust, partnership, or in-dividual described in paragraph (f)(1) (i) or (ii) of this section; and
(2) Enters into the United States not
later than 6 months after the expira-tion of a lease agreement (including any extensions thereof) between an owner described in paragraph (f)(1) of this section and a foreign airline.
(g) The airplane complies with Stage
2 noise levels and was purchased by the importer under a written contract exe-cuted before November 5, 1990.
(h) Any Stage 2 airplane described in
this section is eligible for operation in the contiguous United States only as provided under §91.865 or 91.867.
[Docket 26433, 56 FR 48658, Sept. 25, 1991; 56
FR 51167, Oct. 10, 1991, as amended by Amdt. 91–288, 70 FR 38750, July 5, 2005; Docket FAA– 2015–3782, Amdt. 91–349, 82 FR 46132, Oct. 4, 2017] § 91.857 Stage 2 operations outside of
the 48 contiguous United States.
An operator of a Stage 2 airplane
that is operating only between points outside the contiguous United States on or after November 5, 1990, must in-clude in its operations specifications a statement that such airplane may not be used to provide air transportation to or from any airport in the contiguous United States.
[Docket FAA–2002–12771, 67 FR 46571, July 15,
2002]
§ 91.858 Special flight authorizations
for non-revenue Stage 2 operations.
(a) After December 31, 1999, any oper-
ator of a Stage 2 airplane over 75,000 pounds may operate that airplane in nonrevenue service in the contiguous United States only for the following purposes:
(1) Sell, lease, or scrap the airplane; (2) Obtain modifications to meet
Stage 3, Stage 4, or Stage 5 noise lev-els.
(3) Obtain scheduled heavy mainte-
nance or significant modifications;
(4) Deliver the airplane to a lessee or
return it to a lessor;
(5) Park or store the airplane; and (6) Prepare the airplane for any of
the purposes listed in paragraph (a)(1) thru (a)(5) of this section.
(b) An operator of a Stage 2 airplane
that needs to operate in the contiguous United States for any of the purposes listed above may apply to FAA’s Office of Environment and Energy for a spe-cial flight authorization. The applicant must file in advance. Applications are due 30 days in advance of the planned flight and must provide the informa-tion necessary for the FAA to deter-mine that the planned flight is within the limits prescribed in the law.
[Docket FAA–2002–12771, 67 FR 46571, July 15,
2002, as amended by Docket FAA–2015–3782, Amdt. 91–349, 82 FR 46132, Oct. 4, 2017]
§ 91.859 Modification to meet Stage 3,
Stage 4, or Stage 5 noise levels.
For an airplane subject to §91.801(c)
of this subpart and otherwise prohib-ited from operation to or from an air-port in the contiguous United States by §91.855, any person may apply for a special flight authorization for that
781 Federal Aviation Administration, DOT § 91.865
airplane to operate in the contiguous
United States for the purpose of ob-taining modifications to meet Stage 3, Stage 4, or Stage 5 noise levels.
[Docket FAA–2015–3782, Amdt. 91–349, 82 FR
46132, Oct. 4, 2017]
§ 91.861 Base level.
(a) U.S. Operators. The base level of a
U.S. operator is equal to the number of owned or leased Stage 2 airplanes sub-ject to §91.801(c) of this subpart that were listed on that operator’s oper-ations specifications for operations to or from airports in the contiguous United States on any one day selected by the operator during the period Jan-uary 1, 1990, through July 1, 1991, plus or minus adjustments made pursuant to paragraphs (a) (1) and (2).
(1) The base level of a U.S. operator
shall be increased by a number equal to the total of the following—
(i) The number of Stage 2 airplanes
returned to service in the United States pursuant to §91.855(f);
(ii) The number of Stage 2 airplanes
purchased pursuant to §91.855(g); and
(iii) Any U.S. operator base level ac-
quired with a Stage 2 airplane trans-ferred from another person under §91.863.
(2) The base level of a U.S. operator
shall be decreased by the amount of U.S. operator base level transferred with the corresponding number of Stage 2 airplanes to another person under §91.863.
(b) Foreign air carriers. The base
level of a foreign air carrier is equal to the number of owned or leased Stage 2 airplanes that were listed on that car-rier’s U.S. operations specifications on any one day during the period January 1, 1990, through July 1, 1991, plus or minus any adjustments to the base lev-els made pursuant to paragraphs (b) (1) and (2).
(1) The base level of a foreign air car-
rier shall be increased by the amount of foreign air carrier base level ac-quired with a Stage 2 airplane from an-other person under §91.863.
(2) The base level of a foreign air car-
rier shall be decreased by the amount of foreign air carrier base level trans-ferred with a Stage 2 airplane to an-other person under §91.863. (c) New entrants do not have a base
level.
[Docket 26433, 56 FR 48659, Sept. 25, 1991; 56
FR 51167, Oct. 10, 1991]
§ 91.863 Transfers of Stage 2 airplanes
with base level.
(a) Stage 2 airplanes may be trans-
ferred with or without the cor-responding amount of base level. Base level may not be transferred without the corresponding number of Stage 2 airplanes.
(b) No portion of a U.S. operator’s
base level established under §91.861(a) may be used for operations by a foreign air carrier. No portion of a foreign air carrier’s base level established under §91.861(b) may be used for operations by a U.S. operator.
(c) Whenever a transfer of Stage 2
airplanes with base level occurs, the transferring and acquiring parties shall, within 10 days, jointly submit written notification of the transfer to the FAA, Office of Environment and Energy. Such notification shall state:
(1) The names of the transferring and
acquiring parties;
(2) The name, address, and telephone
number of the individual responsible for submitting the notification on be-half of the transferring and acquiring parties;
(3) The total number of Stage 2 air-
planes transferred, listed by airplane type, model, series, and serial number;
(4) The corresponding amount of base
level transferred and whether it is U.S. operator or foreign air carrier base level; and
(5) The effective date of the trans-
action.
(d) If, taken as a whole, a transaction
or series of transactions made pursuant to this section does not produce an in-crease or decrease in the number of Stage 2 airplanes for either the acquir-ing or transferring operator, such transaction or series of transactions may not be used to establish compli-ance with the requirements of §91.865.
[Docket 26433, 56 FR 48659, Sept. 25, 1991]
§ 91.865 Phased compliance for opera-
tors with base level.
Except as provided in paragraph (a)
of this section, each operator that op-erates an airplane under part 91, 121,
782 14 CFR Ch. I (1–1–25 Edition) § 91.867
125, 129, or 135 of this chapter, regard-
less of the national registry of the air-plane, shall comply with paragraph (b) or (d) of this section at each interim compliance date with regard to its sub-sonic airplane fleet covered by §91.801(c) of this subpart.
(a) This section does not apply to
new entrants covered by §91.867 or to foreign operators not engaged in for-eign air commerce.
(b) Each operator that chooses to
comply with this paragraph pursuant to any interim compliance requirement shall reduce the number of Stage 2 air-planes it operates that are eligible for operation in the contiguous United States to a maximum of:
(1) After December 31, 1994, 75 percent
of the base level held by the operator;
(2) After December 31, 1996, 50 percent
of the base level held by the operator;
(3) After December 31, 1998, 25 percent
of the base level held by the operator.
(c) Except as provided under §91.871,
the number of Stage 2 airplanes that must be reduced at each compliance
date contained in paragraph (b) of this section shall be determined by ref-erence to the amount of base level held by the operator on that compliance date, as calculated under §91.861.
(d) Each operator that chooses to
comply with this paragraph pursuant to any interim compliance requirement shall operate a fleet that consists of:
(1) After December 31, 1994, not less
than 55 percent Stage 3 airplanes;
(2) After December 31, 1996, not less
than 65 percent Stage 3 airplanes;
(3) After December 31, 1998, not less
than 75 percent Stage 3 airplanes.
(e) Calculations resulting in fractions
may be rounded to permit the contin-ued operation of the next whole num-ber of Stage 2 airplanes.
[Docket 26433, 56 FR 48659, Sept. 25, 1991]
§ 91.867 Phased compliance for new
entrants.
(a) New entrant U.S. air carriers.
(1) A new entrant initiating oper-
ations under part 121 of this chapter on or before December 31, 1994, may ini-tiate service without regard to the per-centage of its fleet composed of Stage 3 airplanes. (2) After December 31, 1994, at least 25
percent of the fleet of a new entrant must comply with Stage 3 noise levels.
(3) After December 31, 1996, at least 50
percent of the fleet of a new entrant must comply with Stage 3 noise levels.
(4) After December 31, 1998, at least 75
percent of the fleet of a new entrant must comply with Stage 3 noise levels.
(b) New entrant foreign air carriers. (1) A new entrant foreign air carrier
initiating part 129 operations on or be-fore December 31, 1994, may initiate service without regard to the percent-age of its fleet composed of Stage 3 air-planes.
(2) After December 31, 1994, at least 25
percent of the fleet on U.S. operations specifications of a new entrant foreign air carrier must comply with Stage 3 noise levels.
(3) After December 31, 1996, at least 50
percent of the fleet on U.S. operations specifications of a new entrant foreign air carrier must comply with Stage 3 noise levels.
(4) After December 31, 1998, at least 75
percent of the fleet on U.S. operations specifications of a new entrant foreign air carrier must comply with Stage 3 noise levels.
(c) Calculations resulting in fractions
may be rounded to permit the contin-ued operation of the next whole num-ber of Stage 2 airplanes.
[Docket 26433, 56 FR 48659, Sept. 25, 1991, as
amended by Amdt. 91–252, 61 FR 66185, Dec. 16, 1996]
§ 91.869 Carry-forward compliance.
(a) Any operator that exceeds the re-
quirements of paragraph (b) of §91.865 of this part on or before December 31, 1994, or on or before December 31, 1996, may claim a credit that may be applied at a subsequent interim compliance date.
(b) Any operator that eliminates or
modifies more Stage 2 airplanes pursu-ant to §91.865(b) than required as of De-cember 31, 1994, or December 31, 1996, may count the number of additional Stage 2 airplanes reduced as a credit toward—
(1) The number of Stage 2 airplanes it
would otherwise be required to reduce following a subsequent interim compli-ance date specified in §91.865(b); or
783 Federal Aviation Administration, DOT § 91.873
(2) The number of Stage 3 airplanes it
would otherwise be required to operate in its fleet following a subsequent in-terim compliance date to meet the per-centage requirements specified in §91.865(d).
[Docket 26433, 56 FR 48659, Sept. 25, 1991; 56
FR 65783, Dec. 18, 1991]
§ 91.871 Waivers from interim compli-
ance requirements.
(a) Any U.S. operator or foreign air
carrier subject to the requirements of
§91.865 or 91.867 of this subpart may re-quest a waiver from any individual compliance requirement.
(b) Applications must be filed with
the Secretary of Transportation at least 120 days prior to the compliance date from which the waiver is re-quested.
(c) Applicants must show that a
grant of waiver would be in the public interest, and must include in its appli-cation its plans and activities for modi-fying its fleet, including evidence of good faith efforts to comply with the requirements of §91.865 or §91.867. The application should contain all informa-tion the applicant considers relevant, including, as appropriate, the fol-lowing:
(1) The applicant’s balance sheet and
cash flow positions;
(2) The composition of the applicant’s
current fleet; and
(3) The applicant’s delivery position
with respect to new airplanes or noise- abatement equipment.
(d) Waivers will be granted only upon
a showing by the applicant that com-pliance with the requirements of §91.865 or 91.867 at a particular interim compliance date is financially onerous, physically impossible, or techno-logically infeasible, or that it would have an adverse effect on competition or on service to small communities.
(e) The conditions of any waiver
granted under this section shall be de-termined by the circumstances pre-sented in the application, but in no case may the term extend beyond the next interim compliance date.
(f) A summary of any request for a
waiver under this section will be pub-lished in the F
EDERAL REGISTER , and
public comment will be invited. Unless the Secretary finds that circumstances require otherwise, the public comment
period will be at least 14 days.
[Docket 26433, 56 FR 48660, Sept. 25, 1991]
§ 91.873 Waivers from final compli-
ance.
(a) A U.S. air carrier or a foreign air
carrier may apply for a waiver from the prohibition contained in §91.853 of this part for its remaining Stage 2 air-planes, provided that, by July 1, 1999, at least 85 percent of the airplanes used by the carrier to provide service to or from an airport in the contiguous United States will comply with the Stage 3 noise levels.
(b) An application for the waiver de-
scribed in paragraph (a) of this section must be filed with the Secretary of Transportation no later than January 1, 1999, or, in the case of a foreign air carrier, no later than April 20, 2000. Such application must include a plan with firm orders for replacing or modi-fying all airplanes to comply with Stage 3 noise levels at the earliest practicable time.
(c) To be eligible to apply for the
waiver under this section, a new en-trant U.S. air carrier must initiate service no later than January 1, 1999, and must comply fully with all provi-sions of this section.
(d) The Secretary may grant a waiver
under this section if the Secretary finds that granting such waiver is in the public interest. In making such a finding, the Secretary shall include consideration of the effect of granting such waiver on competition in the air carrier industry and the effect on small community air service, and any other information submitted by the appli-cant that the Secretary considers rel-evant.
(e) The term of any waiver granted
under this section shall be determined by the circumstances presented in the application, but in no case will the waiver permit the operation of any Stage 2 airplane covered by this sub-chapter in the contiguous United States after December 31, 2003.
(f) A summary of any request for a
waiver under this section will be pub-lished in the F
EDERAL REGISTER , and
public comment will be invited. Unless the secretary finds that circumstances
784 14 CFR Ch. I (1–1–25 Edition) § 91.875
require otherwise, the public comment
period will be at least 14 days.
[Docket 26433, 56 FR 48660, Sept. 25, 1991; 56
FR 51167 Oct. 10, 1991; Amdt. 91–276, 67 FR 46571, July 15, 2002]
§ 91.875 Annual progress reports.
(a) Each operator subject to §91.865
or §91.867 of this chapter shall submit an annual report to the FAA, Office of Environment and Energy, on the progress it has made toward complying with the requirements of that section.
Such reports shall be submitted no later than 45 days after the end of a calendar year. All progress reports must provide the information through the end of the calendar year, be cer-tified by the operator as true and com-plete (under penalty of 18 U.S.C. 1001), and include the following information:
(1) The name and address of the oper-
ator;
(2) The name, title, and telephone
number of the person designated by the operator to be responsible for ensuring the accuracy of the information in the report;
(3) The operator’s progress during the
reporting period toward compliance with the requirements of §91.853, §91.865 or §91.867. For airplanes on U.S. operations specifications, each oper-ator shall identify the airplanes by type, model, series, and serial number.
(i) Each Stage 2 airplane added or re-
moved from operation or U.S. oper-ations specifications (grouped sepa-rately by those airplanes acquired with and without base level);
(ii) Each Stage 2 airplane modified to
Stage 3 noise levels (identifying the manufacturer and model of noise abatement retrofit equipment;
(iii) Each Stage 3 airplane on U.S. op-
erations specifications as of the last day of the reporting period; and
(iv) For each Stage 2 airplane trans-
ferred or acquired, the name and ad-dress of the recipient or transferor; and, if base level was transferred, the person to or from whom base level was transferred or acquired pursuant to Section 91.863 along with the effective date of each base level transaction, and the type of base level transferred or ac-quired.
(b) Each operator subject to §91.865
or §91.867 of this chapter shall submit an initial progress report covering the
period from January 1, 1990, through December 31, 1991, and provide:
(1) For each operator subject to
§91.865:
(i) The date used to establish its base
level pursuant to §91.861(a); and
(ii) A list of those Stage 2 airplanes
(by type, model, series and serial num-ber) in its base level, including adjust-ments made pursuant to §91.861 after the date its base level was established.
(2) For each U.S. operator: (i) A plan to meet the compliance
schedules in §91.865 or §91.867 and the final compliance date of §91.853, includ-ing the schedule for delivery of replace-ment Stage 3 airplanes or the installa-tion of noise abatement retrofit equip-ment; and
(ii) A separate list (by type, model,
series, and serial number) of those air-planes included in the operator’s base level, pursuant to §91.861(a)(1) (i) and (ii), under the categories ‘‘returned’’ or ‘‘purchased,’’ along with the date each was added to its operations specifica-tions.
(c) Each operator subject to §91.865 or
§91.867 of this chapter shall submit sub-sequent annual progress reports cov-ering the calendar year preceding the report and including any changes in the information provided in paragraphs (a) and (b) of this section; including the use of any carry-forward credits pursu-ant to §91.869.
(d) An operator may request, in any
report, that specific planning data be considered proprietary.
(e) If an operator’s actions during
any reporting period cause it to achieve compliance with §91.853, the re-port should include a statement to that effect. Further progress reports are not required unless there is any change in the information reported pursuant to paragraph (a) of this section.
(f) For each U.S. operator subject to
§91.865, progress reports submitted for calendar years 1994, 1996, and 1998, shall also state how the operator achieved compliance with the requirements of that section, i.e.—
(1) By reducing the number of Stage
2 airplanes in its fleet to no more than the maximum permitted percentage of its base level under §91.865(b), or
785 Federal Aviation Administration, DOT § 91.881
(2) By operating a fleet that consists
of at least the minimum required per-centage of Stage 3 airplanes under §91.865(d).
(Approved by the Office of Management and
Budget under control number 2120–0553)
[Docket 26433, 56 FR 48660, Sept. 25, 1991; 56
FR 51168, Oct. 10, 1991, as amended by 57 FR 5977, Feb. 19, 1992]
§ 91.877 Annual reporting of Hawaiian
operations.
(a) Each air carrier or foreign air car-
rier subject to §91.865 or §91.867 of this part that conducts operations between the contiguous United States and the State of Hawaii, between the State of Hawaii and any point outside of the contiguous United States, or between the islands of Hawaii in turnaround service, on or since November 5, 1990, shall include in its annual report the information described in paragraph (c) of this section.
(b) Each air carrier or foreign air car-
rier not subject to §91.865 or §91.867 of this part that conducts operations be-tween the contiguous U.S. and the State of Hawaii, between the State of Hawaii and any point outside of the contiguous United States, or between the islands of Hawaii in turnaround service, on or since November 5, 1990, shall submit an annual report to the FAA, Office of Environment and En-ergy, on its compliance with the Ha-waiian operations provisions of 49 U.S.C. 47528. Such reports shall be sub-mitted no later than 45 days after the end of a calendar year. All progress re-ports must provide the information through the end of the calendar year, be certified by the operator as true and complete (under penalty of 18 U.S.C. 1001), and include the following infor-mation—
(1) The name and address of the air
carrier or foreign air carrier;
(2) The name, title, and telephone
number of the person designated by the air carrier or foreign air carrier to be responsible for ensuring the accuracy of the information in the report; and
(3) The information specified in para-
graph (c) of this section.
(c) The following information must
be included in reports filed pursuant to this section— (1) For operations conducted between
the contiguous United States and the State of Hawaii—
(i) The number of Stage 2 airplanes
used to conduct such operations as of November 5, 1990;
(ii) Any change to that number dur-
ing the calendar year being reported, including the date of such change;
(2) For air carriers that conduct
inter-island turnaround service in the State of Hawaii—
(i) The number of Stage 2 airplanes
used to conduct such operations as of November 5, 1990;
(ii) Any change to that number dur-
ing the calendar year being reported, including the date of such change;
(iii) For an air carrier that provided
inter-island trunaround service within the state of Hawaii on November 5, 1990, the number reported under para-graph (c)(2)(i) of this section may in-clude all Stage 2 airplanes with a max-imum certificated takeoff weight of more than 75,000 pounds that were owned or leased by the air carrier on November 5, 1990, regardless of whether such airplanes were operated by that air carrier or foreign air carrier on that date.
(3) For operations conducted between
the State of Hawaii and a point outside the contiguous United States—
(i) The number of Stage 2 airplanes
used to conduct such operations as of November 5, 1990; and
(ii) Any change to that number dur-
ing the calendar year being reported, including the date of such change.
(d) Reports or amended reports for
years predating this regulation are re-quired to be filed concurrently with the next annual report.
[Docket 28213, 61 FR 66185, Dec. 16, 1996]
§§ 91.879–91.880 [Reserved]
§ 91.881 Final compliance: Civil sub-
sonic jet airplanes weighing 75,000 pounds or less.
Except as provided in §91.883, after
December 31, 2015, a person may not op-erate to or from an airport in the con-tiguous United States a civil subsonic jet airplane subject to §91.801(e) of this subpart that weighs less than 75,000 pounds unless that airplane has been
786 14 CFR Ch. I (1–1–25 Edition) § 91.883
shown to comply with Stage 3, Stage 4,
or Stage 5 noise levels.
[Docket FAA–2015–3782, Amdt. 91–349, 82 FR
46132, Oct. 4, 2017]
§ 91.883 Special flight authorizations
for jet airplanes weighing 75,000 pounds or less.
(a) After December 31, 2015, an oper-
ator of a jet airplane weighing 75,000 pounds or less that does not comply with Stage 3 noise levels may, when granted a special flight authorization by the FAA, operate that airplane in the contiguous United States only for one of the following purposes:
(1) To sell, lease, or use the airplane
outside the 48 contiguous States;
(2) To scrap the airplane; (3) To obtain modifications to the
airplane to meet Stage 3, Stage 4, or Stage 5 noise levels.
(4) To perform scheduled heavy main-
tenance or significant modifications on the airplane at a maintenance facility located in the contiguous 48 States;
(5) To deliver the airplane to an oper-
ator leasing the airplane from the owner or return the airplane to the les-sor;
(6) To prepare, park, or store the air-
plane in anticipation of any of the ac-tivities described in paragraphs (a)(1) through (a)(5) of this section;
(7) To provide transport of persons
and goods in the relief of an emergency situation; or
(8) To divert the airplane to an alter-
native airport in the 48 contiguous States on account of weather, mechan-ical, fuel, air traffic control, or other safety reasons while conducting a flight in order to perform any of the activities described in paragraphs (a)(1) through (a)(7) of this section.
(b) An operator of an affected air-
plane may apply for a special flight au-thorization for one of the purposes list-ed in paragraph (a) of this section by filing an application with the FAA’s Office of Environment and Energy. Ex-cept for emergency relief authoriza-tions sought under paragraph (a)(7) of this section, applications must be filed at least 30 days in advance of the planned flight. All applications must provide the information necessary for the FAA to determine that the planned flight is within the limits prescribed in
the law.
[Docket FAA–2013–0503, 78 FR 39583, July 2,
2013, as amended by Docket FAA–2015–3782, Amdt. 91–349, 82 FR 46132, Oct. 4, 2017]
§§ 91.884–91.899 [Reserved]
Subpart J—Waivers
§ 91.901 [Reserved]
§ 91.903 Policy and procedures.
(a) The Administrator may issue a
certificate of waiver authorizing the operation of aircraft in deviation from any rule listed in this subpart if the Administrator finds that the proposed operation can be safely conducted under the terms of that certificate of waiver.
(b) An application for a certificate of
waiver under this part is made on a form and in a manner prescribed by the Administrator and may be submitted to any FAA office.
(c) A certificate of waiver is effective
as specified in that certificate of waiv-er.
[Docket 18334, 54 FR 34325, Aug. 18, 1989]
EFFECTIVE DATE NOTE: Amendments to
§91.903 were published by Docket FAA–2023– 1275, Amdt. 60–8, 89 FR 92486, Nov. 21, 2024, ef-fective Jan. 21, 2025.
§ 91.905 List of rules subject to waiv-
ers.
Sec.
91.107 Use of safety belts. 91.111 Operating near other aircraft. 91.113 Right-of-way rules: Except water op-
erations.
91.115 Right-of-way rules: Water operations. 91.117 Aircraft speed. 91.119 Minimum safe altitudes: General. 91.121 Altimeter settings. 91.123 Compliance with ATC clearances and
instructions.
91.125 ATC light signals. 91.126 Operating on or in the vicinity of an
airport in Class G airspace.
91.127 Operating on or in the vicinity of an
airport in Class E airspace.
91.129 Operations in Class D airspace. 91.130 Operations in Class C airspace. 91.131 Operations in Class B airspace. 91.133 Restricted and prohibited areas. 91.135 Operations in Class A airspace. 91.137 Temporary flight restrictions. 91.141 Flight restrictions in the proximity
of the Presidential and other parties.
787 Federal Aviation Administration, DOT § 91.1001
91.143 Flight limitation in the proximity of
space flight operations.
91.153 VFR flight plan: Information re-
quired.
91.155 Basic VFR weather minimums 91.157 Special VFR weather minimums. 91.159 VFR cruising altitude or flight level. 91.169 IFR flight plan: Information required. 91.173 ATC clearance and flight plan re-
quired.
91.175 Takeoff and landing under IFR. 91.176 Operations below DA/DH or MDA
using an enhanced flight vision system (EFVS) under IFR.
91.177 Minimum altitudes for IFR oper-
ations.
91.179 IFR cruising altitude or flight level. 91.181 Course to be flown. 91.183 IFR radio communications. 91.185 IFR operations: Two-way radio com-
munications failure.
91.187 Operation under IFR in controlled
airspace: Malfunction reports.
91.209 Aircraft lights. 91.303 Aerobatic flights. 91.305 Flight test areas. 91.311 Towing: Other than under §91.309. 91.313(e) Restricted category civil aircraft:
Operating limitations.
91.515 Flight altitude rules. 91.707 Flights between Mexico or Canada
and the United States.
91.713 Operation of civil aircraft of Cuban
registry.
[Docket 18334, 54 FR 34325, Aug. 18, 1989, as
amended by Amdt. 91–227, 56 FR 65661, Dec. 17, 1991; Docket FAA–2013–0485, Amdt. 91–345, 81 FR 90175, Dec. 13, 2016; Docket FAA–2016– 9154, Amdt. 91–348, 82 FR 39664, Aug. 22, 2017]
§§ 91.907–91.999 [Reserved]
Subpart K—Fractional Ownership
Operations
SOURCE : Docket FAA–2001–10047, 68 FR
54561, Sept. 17, 2003, unless otherwise noted.
§ 91.1001 Applicability.
(a) This subpart prescribes rules, in
addition to those prescribed in other subparts of this part, that apply to fractional owners and fractional owner-ship program managers governing—
(1) The provision of program manage-
ment services in a fractional ownership program;
(2) The operation of a fractional own-
ership program aircraft in a fractional ownership program; and
(3) The operation of a program air-
craft included in a fractional ownership program managed by an affiliate of the manager of the program to which the
owner belongs.
(b) As used in this part— (1) Affiliate of a program manager
means a manager that, directly, or in-directly, through one or more inter-mediaries, controls, is controlled by, or is under common control with, another program manager. The holding of at least forty percent (40 percent) of the equity and forty percent (40 percent) of the voting power of an entity will be presumed to constitute control for pur-poses of determining an affiliation under this subpart.
(2) A dry-lease aircraft exchange means
an arrangement, documented by the written program agreements, under which the program aircraft are avail-able, on an as needed basis without crew, to each fractional owner.
(3) A fractional owner or owner means
an individual or entity that possesses a minimum fractional ownership interest in a program aircraft and that has en-tered into the applicable program agreements; provided, however, that in the case of the flight operations de-scribed in paragraph (b)(6)(ii) of this section, and solely for purposes of re-quirements pertaining to those flight operations, the fractional owner oper-ating the aircraft will be deemed to be a fractional owner in the program man-aged by the affiliate.
(4) A fractional ownership interest
means the ownership of an interest or holding of a multi-year leasehold inter-est and/or a multi-year leasehold inter-est that is convertible into an owner-ship interest in a program aircraft.
(5) A fractional ownership program or
program means any system of aircraft
ownership and exchange that consists of all of the following elements:
(i) The provision for fractional own-
ership program management services by a single fractional ownership pro-gram manager on behalf of the frac-tional owners.
(ii) Two or more airworthy aircraft. (iii) One or more fractional owners
per program aircraft, with at least one program aircraft having more than one owner.
(iv) Possession of at least a minimum
fractional ownership interest in one or more program aircraft by each frac-tional owner.
788 14 CFR Ch. I (1–1–25 Edition) § 91.1002
(v) A dry-lease aircraft exchange ar-
rangement among all of the fractional owners.
(vi) Multi-year program agreements
covering the fractional ownership, fractional ownership program manage-ment services, and dry-lease aircraft exchange aspects of the program.
(6) A fractional ownership program air-
craft or program aircraft means:
(i) An aircraft in which a fractional
owner has a minimal fractional owner-ship interest and that has been in-cluded in the dry-lease aircraft ex-change pursuant to the program agree-ments, or
(ii) In the case of a fractional owner
from one program operating an aircraft in a different fractional ownership pro-gram managed by an affiliate of the op-erating owner’s program manager, the aircraft being operated by the frac-tional owner, so long as the aircraft is:
(A) Included in the fractional owner-
ship program managed by the affiliate of the operating owner’s program man-ager, and
(B) Included in the operating owner’s
program’s dry-lease aircraft exchange pursuant to the program agreements of the operating owner’s program.
(iii) An aircraft owned in whole or in
part by the program manager that has been included in the dry-lease aircraft exchange and is used to supplement program operations.
(7) A Fractional Ownership Program
Flight or Program Flight means a flight
under this subpart when one or more passengers or property designated by a fractional owner are on board the air-craft.
(8) Fractional ownership program man-
agement services or program management services mean administrative and avia-
tion support services furnished in ac-cordance with the applicable require-ments of this subpart or provided by the program manager on behalf of the fractional owners, including, but not limited to, the—
(i) Establishment and implementa-
tion of program safety guidelines;
(ii) Employment, furnishing, or con-
tracting of pilots and other crew-members;
(iii) Training and qualification of pi-
lots and other crewmembers and per-sonnel; (iv) Scheduling and coordination of
the program aircraft and crews;
(v) Maintenance of program aircraft; (vi) Satisfaction of recordkeeping re-
quirements;
(vii) Development and use of a pro-
gram operations manual and proce-dures; and
(viii) Application for and mainte-
nance of management specifications and other authorizations and approv-
als.
(9) A fractional ownership program
manager or program manager means the
entity that offers fractional ownership program management services to frac-tional owners, and is designated in the multi-year program agreements ref-erenced in paragraph (b)(5)(vi) of this section to fulfill the requirements of this chapter applicable to the manager of the program containing the aircraft being flown. When a fractional owner is operating an aircraft in a fractional ownership program managed by an af-filiate of the owner’s program man-ager, the references in this subpart to the flight-related responsibilities of the program manager apply, with re-spect to that particular flight, to the affiliate of the owner’s program man-ager rather than to the owner’s pro-gram manager.
(10) A minimum fractional ownership
interest means—
(i) A fractional ownership interest
equal to, or greater than, one-sixteenth (
1⁄16) of at least one subsonic, fixed-wing
or powered-lift program aircraft; or
(ii) A fractional ownership interest
equal to, or greater than, one-thirty- second (
1⁄32) of at least one rotorcraft
program aircraft.
(c) The rules in this subpart that
refer to a fractional owner or a frac-tional ownership program manager also apply to any person who engages in an operation governed by this sub-part without the management speci-fications required by this subpart.
[Docket FAA–2001–10047, 68 FR 54561, Sept. 17,
2003, as amended by Docket FAA–2022–1355, Amdt. 91–366, 87 FR 75846, Dec. 9, 2022]
§ 91.1002 Compliance date.
No person that conducted flights be-
fore November 17, 2003 under a program that meets the definition of fractional ownership program in §91.1001 may
789 Federal Aviation Administration, DOT § 91.1009
conduct such flights after February 17,
2005 unless it has obtained manage-ment specifications under this subpart.
[Docket FAA–2001–10047, 68 FR 54561, Sept. 17,
2003; 69 FR 74413, Dec. 14, 2004]
§ 91.1003 Management contract be-
tween owner and program man-ager.
Each owner must have a contract
with the program manager that—
(a) Requires the program manager to
ensure that the program conforms to all applicable requirements of this
chapter.
(b) Provides the owner the right to
inspect and to audit, or have a designee of the owner inspect and audit, the records of the program manager per-taining to the operational safety of the program and those records required to show compliance with the management specifications and all applicable regu-lations. These records include, but are not limited to, the management speci-fications, authorizations, approvals, manuals, log books, and maintenance records maintained by the program manager.
(c) Designates the program manager
as the owner’s agent to receive service of notices pertaining to the program that the FAA seeks to provide to own-ers and authorizes the FAA to send such notices to the program manager in its capacity as the agent of the owner for such service.
(d) Acknowledges the FAA’s right to
contact the owner directly if the Ad-ministrator determines that direct contact is necessary.
§ 91.1005 Prohibitions and limitations.
(a) Except as provided in §91.321 or
§91.501, no owner may carry persons or property for compensation or hire on a program flight.
(b) During the term of the multi-year
program agreements under which a fractional owner has obtained a min-imum fractional ownership interest in a program aircraft, the flight hours used during that term by the owner on program aircraft must not exceed the total hours associated with the frac-tional owner’s share of ownership.
(c) No person may sell or lease an air-
craft interest in a fractional ownership program that is smaller than that pre-scribed in the definition of ‘‘minimum
fractional ownership interest’’ in §91.1001(b)(10) unless flights associated with that interest are operated under part 121 or 135 of this chapter and are conducted by an air carrier or commer-cial operator certificated under part
119 of this chapter.
§ 91.1007 Flights conducted under part
121 or part 135 of this chapter.
(a) Except as provided in §91.501(b),
when a nonprogram aircraft is used to substitute for a program flight, the flight must be operated in compliance with part 121 or part 135 of this chap-ter, as applicable.
(b) A program manager who holds a
certificate under part 119 of this chap-ter may conduct a flight for the use of a fractional owner under part 121 or part 135 of this chapter if the aircraft is listed on that certificate holder’s oper-ations specifications for part 121 or part 135, as applicable.
(c) The fractional owner must be in-
formed when a flight is being con-ducted as a program flight or is being conducted under part 121 or part 135 of this chapter.
O
PERATIONAL CONTROL
§ 91.1009 Clarification of operational
control.
(a) An owner is in operational control
of a program flight when the owner—
(1) Has the rights and is subject to
the limitations set forth in §§91.1003 through 91.1013;
(2) Has directed that a program air-
craft carry passengers or property des-ignated by that owner; and
(3) The aircraft is carrying those pas-
sengers or property.
(b) An owner is not in operational
control of a flight in the following cir-cumstances:
(1) A program aircraft is used for a
flight for administrative purposes such as demonstration, positioning, ferrying, maintenance, or crew train-ing, and no passengers or property des-ignated by such owner are being car-ried; or
(2) The aircraft being used for the
flight is being operated under part 121 or 135 of this chapter.
790 14 CFR Ch. I (1–1–25 Edition) § 91.1011
§ 91.1011 Operational control respon-
sibilities and delegation.
(a) Each owner in operational control
of a program flight is ultimately re-sponsible for safe operations and for complying with all applicable require-
ments of this chapter, including those related to airworthiness and operations in connection with the flight. Each owner may delegate some or all of the performance of the tasks associated with carrying out this responsibility to the program manager, and may rely on the program manager for aviation ex-pertise and program management serv-ices. When the owner delegates per-formance of tasks to the program man-ager or relies on the program man-ager’s expertise, the owner and the pro-gram manager are jointly and individ-ually responsible for compliance.
(b) The management specifications,
authorizations, and approvals required by this subpart are issued to, and in the sole name of, the program manager on behalf of the fractional owners col-lectively. The management specifica-tions, authorizations, and approvals will not be affected by any change in ownership of a program aircraft, as long as the aircraft remains a program aircraft in the identified program.
§ 91.1013 Operational control briefing
and acknowledgment.
(a) Upon the signing of an initial pro-
gram management services contract, or a renewal or extension of a program management services contract, the program manager must brief the frac-tional owner on the owner’s oper-ational control responsibilities, and the owner must review and sign an ac-knowledgment of these operational control responsibilities. The acknowl-edgment must be included with the program management services con-tract. The acknowledgment must de-fine when a fractional owner is in oper-ational control and the owner’s respon-sibilities and liabilities under the pro-gram. These include:
(1) Responsibility for compliance
with the management specifications and all applicable regulations.
(2) Enforcement actions for any non-
compliance. (3) Liability risk in the event of a
flight-related occurrence that causes personal injury or property damage.
(b) The fractional owner’s signature
on the acknowledgment will serve as the owner’s affirmation that the owner has read, understands, and accepts the operational control responsibilities de-
scribed in the acknowledgment.
(c) Each program manager must en-
sure that the fractional owner or own-er’s representatives have access to the acknowledgments for such owner’s pro-gram aircraft. Each program manager must ensure that the FAA has access to the acknowledgments for all pro-gram aircraft.
P
ROGRAM MANAGEMENT
§ 91.1014 Issuing or denying manage-
ment specifications.
(a) A person applying to the Adminis-
trator for management specifications under this subpart must submit an ap-plication—
(1) In a form and manner prescribed
by the Administrator; and
(2) Containing any information the
Administrator requires the applicant to submit.
(b) Management specifications will
be issued to the program manager on behalf of the fractional owners if, after investigation, the Administrator finds that the applicant:
(1) Meets the applicable requirements
of this subpart; and
(2) Is properly and adequately
equipped in accordance with the re-quirements of this chapter and is able to conduct safe operations under appro-priate provisions of part 91 of this chapter and management specifica-tions issued under this subpart.
(c) An application for management
specifications will be denied if the Ad-ministrator finds that the applicant is not properly or adequately equipped or is not able to conduct safe operations under this part.
§ 91.1015 Management specifications.
(a) Each person conducting oper-
ations under this subpart or furnishing fractional ownership program manage-ment services to fractional owners
791 Federal Aviation Administration, DOT § 91.1015
must do so in accordance with manage-
ment specifications issued by the Ad-ministrator to the fractional ownership
program manager under this subpart. Management specifications must in-clude:
(1) The current list of all fractional
owners and types of aircraft, registra-tion markings and serial numbers;
(2) The authorizations, limitations,
and certain procedures under which these operations are to be conducted,
(3) Certain other procedures under
which each class and size of aircraft is to be operated;
(4) Authorization for an inspection
program approved under §91.1109, in-cluding the type of aircraft, the reg-istration markings and serial numbers of each aircraft to be operated under the program. No person may conduct any program flight using any aircraft not listed.
(5) Time limitations, or standards for
determining time limitations, for over-hauls, inspections, and checks for air-frames, engines, propellers, rotors, ap-pliances, and emergency equipment of aircraft.
(6) The specific location of the pro-
gram manager’s principal base of oper-ations and, if different, the address that will serve as the primary point of contact for correspondence between the FAA and the program manager and the name and mailing address of the pro-gram manager’s agent for service;
(7) Other business names the program
manager may use;
(8) Authorization for the method of
controlling weight and balance of air-craft;
(9) Any authorized deviation and ex-
emption that applies to the person con-ducting operations under this subpart; and
(10) Any other information the Ad-
ministrator determines is necessary.
(b) The program manager may keep
the current list of all fractional owners required by paragraph (a)(1) of this sec-tion at its principal base of operation or other location approved by the Ad-ministrator and referenced in its man-agement specifications. Each program manager shall make this list of owners available for inspection by the Admin-istrator. (c) Management specifications issued
under this subpart are effective un-less—
(1) The management specifications
are amended as provided in §91.1017; or
(2) The Administrator suspends or re-
vokes the management specifications.
(d) At least 30 days before it proposes
to establish or change the location of its principal base of operations, its main operations base, or its main maintenance base, a program manager must provide written notification to the Flight Standards office that issued the program manager’s management specifications.
(e) Each program manager must
maintain a complete and separate set of its management specifications at its principal base of operations, or at a place approved by the Administrator, and must make its management speci-fications available for inspection by the Administrator and the fractional owner(s) to whom the program man-ager furnishes its services for review and audit.
(f) Each program manager must in-
sert pertinent excerpts of its manage-ment specifications, or references thereto, in its program manual and must—
(1) Clearly identify each such excerpt
as a part of its management specifica-tions; and
(2) State that compliance with each
management specifications require-ment is mandatory.
(g) Each program manager must keep
each of its employees and other persons who perform duties material to its op-erations informed of the provisions of its management specifications that apply to that employee’s or person’s duties and responsibilities.
(h) A program manager may obtain
approval to provide a temporary docu-ment verifying a flightcrew member’s airman certificate and medical certifi-cate privileges under an approved cer-tificate verification plan set forth in the program manager’s management specifications. A document provided by the program manager may be carried as an airman certificate or medical
792 14 CFR Ch. I (1–1–25 Edition) § 91.1017
certificate on flights within the United
States for up to 72 hours.
[Docket FAA–2001–10047, 68 FR 54561, Sept. 17,
2003, as amended by Docket FAA–2018–0119, Amdt. 91–350, 83 FR 9171, Mar. 5, 2018; Amdt. 60–6, 83 FR 30282, June 27, 2018; Docket FAA– 2022–1563, Amdt. 91–370, 88 FR 48087, July 26, 2023]
§ 91.1017 Amending program man-
ager’s management specifications.
(a) The Administrator may amend
any management specifications issued under this subpart if—
(1) The Administrator determines
that safety and the public interest re-quire the amendment of any manage-ment specifications; or
(2) The program manager applies for
the amendment of any management specifications, and the Administrator determines that safety and the public interest allows the amendment.
(b) Except as provided in paragraph
(e) of this section, when the Adminis-trator initiates an amendment of a pro-gram manager’s management specifica-tions, the following procedure applies:
(1) The Flight Standards office that
issued the program manager’s manage-ment specifications will notify the pro-gram manager in writing of the pro-posed amendment.
(2) The Flight Standards office that
issued the program manager’s manage-ment specifications will set a reason-able period (but not less than 7 days) within which the program manager may submit written information, views, and arguments on the amend-ment.
(3) After considering all material pre-
sented, the Flight Standards office that issued the program manager’s management specifications will notify the program manager of—
(i) The adoption of the proposed
amendment,
(ii) The partial adoption of the pro-
posed amendment, or
(iii) The withdrawal of the proposed
amendment.
(4) If the Flight Standards office that
issued the program manager’s manage-ment specifications issues an amend-ment of the management specifica-tions, it becomes effective not less than 30 days after the program man-ager receives notice of it unless— (i) The Flight Standards office that
issued the program manager’s manage-ment specifications finds under para-graph (e) of this section that there is an emergency requiring immediate ac-tion with respect to safety; or
(ii) The program manager petitions
for reconsideration of the amendment under paragraph (d) of this section.
(c) When the program manager ap-
plies for an amendment to its manage-ment specifications, the following pro-cedure applies:
(1) The program manager must file
an application to amend its manage-ment specifications—
(i) At least 90 days before the date
proposed by the applicant for the amendment to become effective, unless a shorter time is approved, in cases such as mergers, acquisitions of oper-ational assets that require an addi-tional showing of safety (for example, proving tests or validation tests), and resumption of operations following a suspension of operations as a result of bankruptcy actions.
(ii) At least 15 days before the date
proposed by the applicant for the amendment to become effective in all other cases.
(2) The application must be sub-
mitted to the Flight Standards office that issued the program manager’s management specifications in a form and manner prescribed by the Adminis-trator.
(3) After considering all material pre-
sented, the Flight Standards office that issued the program manager’s management specifications will notify the program manager of—
(i) The adoption of the applied for
amendment;
(ii) The partial adoption of the ap-
plied for amendment; or
(iii) The denial of the applied for
amendment. The program manager may petition for reconsideration of a denial under paragraph (d) of this sec-tion.
(4) If the Flight Standards office that
issued the program manager’s manage-ment specifications approves the amendment, following coordination with the program manager regarding its implementation, the amendment is effective on the date the Administrator approves it.
793 Federal Aviation Administration, DOT § 91.1021
(d) When a program manager seeks
reconsideration of a decision of the Flight Standards office that issued the program manager’s management speci-fications concerning the amendment of management specifications, the fol-lowing procedure applies:
(1) The program manager must peti-
tion for reconsideration of that deci-sion within 30 days of the date that the program manager receives a notice of denial of the amendment of its man-agement specifications, or of the date it receives notice of an FAA-initiated amendment of its management speci-fications, whichever circumstance ap-plies.
(2) The program manager must ad-
dress its petition to the Executive Di-rector, Flight Standards Service.
(3) A petition for reconsideration, if
filed within the 30-day period, suspends the effectiveness of any amendment issued by the Flight Standards office that issued the program manager’s management specifications unless that office has found, under paragraph (e) of this section, that an emergency exists requiring immediate action with re-spect to safety.
(4) If a petition for reconsideration is
not filed within 30 days, the procedures of paragraph (c) of this section apply.
(e) If the Flight Standards office that
issued the program manager’s manage-ment specifications finds that an emer-gency exists requiring immediate ac-tion with respect to safety that makes the procedures set out in this section impracticable or contrary to the public interest—
(1) The Flight Standards office
amends the management specifications and makes the amendment effective on the day the program manager receives notice of it; and
(2) In the notice to the program man-
ager, the Flight Standards office will articulate the reasons for its finding that an emergency exists requiring im-mediate action with respect to safety or that makes it impracticable or con-trary to the public interest to stay the effectiveness of the amendment.
[Docket FAA–2001–10047, 68 FR 54561, Sept. 17,
2003, as amended by Docket FAA–2018–0119, Amdt. 91–350, 83 FR 9171, Mar. 5, 2018] § 91.1019 Conducting tests and inspec-
tions.
(a) At any time or place, the Admin-
istrator may conduct an inspection or test, other than an en route inspection, to determine whether a program man-ager under this subpart is complying with title 49 of the United States Code, applicable regulations, and the pro-gram manager’s management specifica-tions.
(b) The program manager must— (1) Make available to the Adminis-
trator at the program manager’s prin-cipal base of operations, or at a place approved by the Administrator, the program manager’s management speci-fications; and
(2) Allow the Administrator to make
any test or inspection, other than an en route inspection, to determine com-pliance respecting any matter stated in paragraph (a) of this section.
(c) Each employee of, or person used
by, the program manager who is re-sponsible for maintaining the program manager’s records required by or nec-essary to demonstrate compliance with this subpart must make those records available to the Administrator.
(d) The Administrator may deter-
mine a program manager’s continued eligibility to hold its management specifications on any grounds listed in paragraph (a) of this section, or any other appropriate grounds.
(e) Failure by any program manager
to make available to the Administrator upon request, the management speci-fications, or any required record, docu-ment, or report is grounds for suspen-sion of all or any part of the program manager’s management specifications.
§ 91.1021 Internal safety reporting and
incident/accident response.
(a) Each program manager must es-
tablish an internal anonymous safety reporting procedure that fosters an en-vironment of safety without any poten-tial for retribution for filing the re-port.
(b) Each program manager must es-
tablish procedures to respond to an aviation incident/accident.
794 14 CFR Ch. I (1–1–25 Edition) § 91.1023
§ 91.1023 Program operating manual
requirements.
(a) Each program manager must pre-
pare and keep current a program oper-ating manual setting forth procedures and policies acceptable to the Adminis-trator. The program manager’s man-agement, flight, ground, and mainte-nance personnel must use this manual to conduct operations under this sub-part. However, the Administrator may authorize a deviation from this para-
graph if the Administrator finds that, because of the limited size of the oper-ation, part of the manual is not nec-essary for guidance of management, flight, ground, or maintenance per-sonnel.
(b) Each program manager must
maintain at least one copy of the man-ual at its principal base of operations.
(c) No manual may be contrary to
any applicable U.S. regulations, foreign regulations applicable to the program flights in foreign countries, or the pro-gram manager’s management specifica-tions.
(d) The program manager must make
a copy of the manual, or appropriate portions of the manual (and changes and additions), available to its mainte-nance and ground operations personnel and must furnish the manual to—
(1) Its crewmembers; and (2) Representatives of the Adminis-
trator assigned to the program man-ager.
(e) Each employee of the program
manager to whom a manual or appro-priate portions of it are furnished under paragraph (d)(1) of this section must keep it up-to-date with the changes and additions furnished to them.
(f) The program manager must en-
sure the appropriate parts of the man-ual are accessible to flight, ground, and maintenance personnel at all times when such personnel are performing their assigned duties.
(g) The information and instructions
contained in the manual must be dis-played clearly and be retrievable in the English language.
(h) Program managers that are also
certificated to operate under part 121 or 135 of this chapter may be author-ized to use the operating manual re-quired by those parts to meet the man-ual requirements of subpart K, pro-
vided:
(1) The policies and procedures are
consistent for both operations, or
(2) When policies and procedures are
different, the applicable policies and procedures are identified and used.
[Docket FAA–2001–10047, 68 FR 54561, Sept. 17,
2003, as amended by Docket FAA–2022–0912, Amdt. 91–368, 88 FR 34443, May 30, 2023]
§ 91.1025 Program operating manual
contents.
Each program operating manual
accessed in paper format must display the date of last revision on each page. Each program operating manual accessed in electronic format must dis-play the date of last revision in a man-ner in which a person can immediately ascertain it. Unless otherwise author-ized by the Administrator, the manual must include the following:
(a) Procedures for ensuring compli-
ance with aircraft weight and balance limitations;
(b) Copies of the program manager’s
management specifications or appro-priate extracted information, including area of operations authorized, category and class of aircraft authorized, crew complements, and types of operations authorized;
(c) Procedures for complying with ac-
cident notification requirements;
(d) Procedures for ensuring that the
pilot in command knows that required airworthiness inspections have been made and that the aircraft has been ap-proved for return to service in compli-ance with applicable maintenance re-quirements;
(e) Procedures for reporting and re-
cording mechanical irregularities that come to the attention of the pilot in command before, during, and after completion of a flight;
(f) Procedures to be followed by the
pilot in command for determining that mechanical irregularities or defects re-ported for previous flights have been corrected or that correction of certain mechanical irregularities or defects have been deferred;
(g) Procedures to be followed by the
pilot in command to obtain mainte-nance, preventive maintenance, and servicing of the aircraft at a place where previous arrangements have not
795 Federal Aviation Administration, DOT § 91.1027
been made by the program manager or
owner, when the pilot is authorized to so act for the operator;
(h) Procedures under §91.213 for the
release of, and continuation of flight if any item of equipment required for the particular type of operation becomes inoperative or unserviceable en route;
(i) Procedures for refueling aircraft,
eliminating fuel contamination, pro-tecting from fire (including electro-static protection), and supervising and protecting passengers during refueling;
(j) Procedures to be followed by the
pilot in command in the briefing under §91.1035.
(k) Procedures for ensuring compli-
ance with emergency procedures, in-cluding a list of the functions assigned each category of required crew-members in connection with an emer-gency and emergency evacuation du-ties;
(l) The approved aircraft inspection
program, when applicable;
(m) Procedures for the evacuation of
persons who may need the assistance of another person to move expeditiously to an exit if an emergency occurs;
(n) Procedures for performance plan-
ning that take into account take off, landing and en route conditions;
(o) An approved Destination Airport
Analysis, when required by §91.1037(c), that includes the following elements, supported by aircraft performance data supplied by the aircraft manufacturer for the appropriate runway condi-tions—
(1) Pilot qualifications and experi-
ence;
(2) Aircraft performance data to in-
clude normal, abnormal and emergency procedures as supplied by the aircraft manufacturer;
(3) Airport facilities and topography; (4) Runway conditions (including
contamination);
(5) Airport or area weather reporting; (6) Appropriate additional runway
safety margins, if required;
(7) Airplane inoperative equipment; (8) Environmental conditions; and (9) Other criteria that affect aircraft
performance.
(p) A suitable system (which may in-
clude a coded or electronic system) that provides for preservation and re-trieval of maintenance recordkeeping information required by §91.1113 in a
manner acceptable to the Adminis-trator that provides—
(1) A description (or reference to date
acceptable to the Administrator) of the work performed:
(2) The name of the person per-
forming the work if the work is per-formed by a person outside the organi-zation of the program manager; and
(3) The name or other positive identi-
fication of the individual approving the work.
(q) Flight locating and scheduling
procedures; and
(r) Other procedures and policy in-
structions regarding program oper-ations that are issued by the program manager or required by the Adminis-trator.
[Docket FAA–2001–10047, 68 FR 54561, Sept. 17,
2003, as amended by Docket FAA–2022–0912, Amdt. 91–368, 88 FR 34443, May 30, 2023]
§ 91.1027 Recordkeeping.
(a) Each program manager must keep
at its principal base of operations or at other places approved by the Adminis-trator, and must make available for in-spection by the Administrator all of the following:
(1) The program manager’s manage-
ment specifications.
(2) A current list of the aircraft used
or available for use in operations under this subpart, the operations for which each is equipped (for example, RNP5/10, RVSM.).
(3) An individual record of each pilot
used in operations under this subpart, including the following information:
(i) The full name of the pilot. (ii) The pilot certificate (by type and
number) and ratings that the pilot holds.
(iii) The pilot’s aeronautical experi-
ence in sufficient detail to determine the pilot’s qualifications to pilot air-craft in operations under this subpart.
(iv) The pilot’s current duties and the
date of the pilot’s assignment to those duties.
(v) The effective date and class of the
medical certificate that the pilot holds.
(vi) The date and result of each of the
initial and recurrent competency tests and proficiency checks required by this
796 14 CFR Ch. I (1–1–25 Edition) § 91.1027
subpart and the type of aircraft flown
during that test or check.
(vii) The pilot’s flight time in suffi-
cient detail to determine compliance with the flight time limitations of this subpart.
(viii) The pilot’s check pilot author-
ization, if any.
(ix) Any action taken concerning the
pilot’s release from employment for physical or professional disqualifica-tion; and
(x) The date of the satisfactory com-
pletion of initial, transition, upgrade, and differences training and each re-current training phase required by this subpart.
(4) An individual record for each
flight attendant used in operations under this subpart, including the fol-lowing information:
(i) The full name of the flight attend-
ant, and
(ii) The date and result of training
required by §91.1063, as applicable.
(5) A current list of all fractional
owners and associated aircraft. This list or a reference to its location must be included in the management speci-fications and should be of sufficient de-tail to determine the minimum frac-tional ownership interest of each air-craft.
(b) Each program manager must keep
each record required by paragraph (a)(2) of this section for at least 6 months, and must keep each record re-quired by paragraphs (a)(3) and (a)(4) of this section for at least 12 months. When an employee is no longer em-ployed or affiliated with the program manager or fractional owner, each record required by paragraphs (a)(3) and (a)(4) of this section must be re-tained for at least 12 months.
(c) Each program manager is respon-
sible for the preparation and accuracy of a load manifest in duplicate con-taining information concerning the loading of the aircraft. The manifest must be prepared before each takeoff and must include—
(1) The number of passengers; (2) The total weight of the loaded air-
craft;
(3) The maximum allowable takeoff
weight for that flight;
(4) The center of gravity limits; (5) The center of gravity of the load-
ed aircraft, except that the actual cen-ter of gravity need not be computed if the aircraft is loaded according to a loading schedule or other approved method that ensures that the center of gravity of the loaded aircraft is within approved limits. In those cases, an entry must be made on the manifest in-dicating that the center of gravity is within limits according to a loading schedule or other approved method;
(6) The registration number of the
aircraft or flight number;
(7) The origin and destination; and (8) Identification of crewmembers
and their crew position assignments.
(d) The pilot in command of the air-
craft for which a load manifest must be prepared must carry a copy of the com-pleted load manifest in the aircraft to its destination. The program manager must keep copies of completed load manifest for at least 30 days at its prin-cipal operations base, or at another lo-cation used by it and approved by the Administrator.
(e) Each program manager is respon-
sible for providing a written document that states the name of the entity hav-ing operational control on that flight and the part of this chapter under which the flight is operated. The pilot in command of the aircraft must carry a copy of the document in the aircraft to its destination. The program man-ager must keep a copy of the document for at least 30 days at its principal op-erations base, or at another location used by it and approved by the Admin-istrator.
(f) Records may be kept either in
paper or other form acceptable to the Administrator.
(g) Program managers that are also
certificated to operate under part 121 or 135 of this chapter may satisfy the recordkeeping requirements of this sec-tion and of §91.1113 with records main-tained to fulfill equivalent obligations under part 121 or 135 of this chapter.
[Docket FAA–2001–10047, 68 FR 54561, Sept. 17,
2003, as amended by Docket FAA–2016–9154, Amdt. 91–348, 82 FR 39664, Aug. 22, 2017]
797 Federal Aviation Administration, DOT § 91.1035
§ 91.1029 Flight scheduling and locat-
ing requirements.
(a) Each program manager must es-
tablish and use an adequate system to schedule and release program aircraft.
(b) Except as provided in paragraph
(d) of this section, each program man-ager must have adequate procedures es-tablished for locating each flight, for which a flight plan is not filed, that—
(1) Provide the program manager
with at least the information required to be included in a VFR flight plan;
(2) Provide for timely notification of
an FAA facility or search and rescue facility, if an aircraft is overdue or missing; and
(3) Provide the program manager
with the location, date, and estimated time for reestablishing radio or tele-phone communications, if the flight will operate in an area where commu-nications cannot be maintained.
(c) Flight locating information must
be retained at the program manager’s principal base of operations, or at other places designated by the program manager in the flight locating proce-dures, until the completion of the flight.
(d) The flight locating requirements
of paragraph (b) of this section do not apply to a flight for which an FAA flight plan has been filed and the flight plan is canceled within 25 nautical miles of the destination airport.
§ 91.1031 Pilot in command or second
in command: Designation required.
(a) Each program manager must des-
ignate a—
(1) Pilot in command for each pro-
gram flight; and
(2) Second in command for each pro-
gram flight requiring two pilots.
(b) The pilot in command, as des-
ignated by the program manager, must remain the pilot in command at all times during that flight.
§ 91.1033 Operating information re-
quired.
(a) Each program manager must, for
all program operations, provide the fol-lowing materials, in current and appro-priate form, accessible to the pilot at the pilot station, and the pilot must use them—
(1) A cockpit checklist; (2) For multiengine aircraft or for
aircraft with retractable landing gear, an emergency cockpit checklist con-taining the procedures required by paragraph (c) of this section, as appro-priate;
(3) At least one set of pertinent aero-
nautical charts; and
(4) For IFR operations, at least one
set of pertinent navigational en route, terminal area, and instrument ap-proach procedure charts.
(b) Each cockpit checklist required
by paragraph (a)(1) of this section must contain the following procedures:
(1) Before starting engines; (2) Before takeoff; (3) Cruise; (4) Before landing; (5) After landing; and
(6) Stopping engines. (c) Each emergency cockpit checklist
required by paragraph (a)(2) of this sec-tion must contain the following proce-dures, as appropriate:
(1) Emergency operation of fuel, hy-
draulic, electrical, and mechanical sys-tems.
(2) Emergency operation of instru-
ments and controls.
(3) Engine inoperative procedures. (4) Any other emergency procedures
necessary for safety.
§ 91.1035 Passenger awareness.
(a) Prior to each takeoff, the pilot in
command of an aircraft carrying pas-sengers on a program flight must en-sure that all passengers have been oral-ly briefed on—
(1) Smoking: Each passenger must be
briefed on when, where, and under what conditions smoking is prohibited. This briefing must include a statement, as appropriate, that the regulations re-quire passenger compliance with light-ed passenger information signs and no smoking placards, prohibit smoking in lavatories, and require compliance with crewmember instructions with re-gard to these items;
(2) Use of safety belts, shoulder har-
nesses, and child restraint systems: Each
passenger must be briefed on when, where and under what conditions it is necessary to have his or her safety belt and, if installed, his or her shoulder harness fastened about him or her, and
798 14 CFR Ch. I (1–1–25 Edition) § 91.1037
if a child is being transported, the ap-
propriate use of child restraint sys-tems, if available. This briefing must include a statement, as appropriate, that the regulations require passenger compliance with the lighted passenger information sign and/or crewmember instructions with regard to these items;
(3) The placement of seat backs in an
upright position before takeoff and landing;
(4) Location and means for opening
the passenger entry door and emer-gency exits;
(5) Location of survival equipment; (6) Ditching procedures and the use of
flotation equipment required under §91.509 for a flight over water;
(7) The normal and emergency use of
oxygen installed in the aircraft; and
(8) Location and operation of fire ex-
tinguishers.
(b) Prior to each takeoff, the pilot in
command of an aircraft carrying pas-sengers on a program flight must en-sure that each person who may need the assistance of another person to move expeditiously to an exit if an emergency occurs and that person’s at-tendant, if any, has received a briefing as to the procedures to be followed if an evacuation occurs. This paragraph does not apply to a person who has been given a briefing before a previous leg of that flight in the same aircraft.
(c) Prior to each takeoff, the pilot in
command must advise the passengers of the name of the entity in oper-ational control of the flight.
(d) The oral briefings required by
paragraphs (a), (b), and (c) of this sec-tion must be given by the pilot in com-mand or another crewmember.
(e) The oral briefing required by
paragraph (a) of this section may be de-livered by means of an approved re-cording playback device that is audible to each passenger under normal noise levels.
(f) The oral briefing required by para-
graph (a) of this section must be sup-plemented by printed cards that must be carried in the aircraft in locations convenient for the use of each pas-senger. The cards must—
(1) Be appropriate for the aircraft on
which they are to be used; (2) Contain a diagram of, and method
of operating, the emergency exits; and
(3) Contain other instructions nec-
essary for the use of emergency equip-ment on board the aircraft.
§ 91.1037 Large transport category air-
planes: Turbine engine powered; Limitations; Destination and alter-nate airports.
(a) No program manager or any other
person may permit a turbine engine powered large transport category air-plane on a program flight to take off that airplane at a weight that (allow-ing for normal consumption of fuel and oil in flight to the destination or alter-nate airport) the weight of the airplane on arrival would exceed the landing weight in the Airplane Flight Manual for the elevation of the destination or alternate airport and the ambient tem-perature expected at the time of land-ing.
(b) Except as provided in paragraph
(c) of this section, no program manager or any other person may permit a tur-bine engine powered large transport category airplane on a program flight to take off that airplane unless its weight on arrival, allowing for normal consumption of fuel and oil in flight (in accordance with the landing distance in the Airplane Flight Manual for the elevation of the destination airport and the wind conditions expected there at the time of landing), would allow a full stop landing at the intended destina-tion airport within 60 percent of the ef-fective length of each runway described below from a point 50 feet above the intersection of the obstruction clear-ance plane and the runway. For the purpose of determining the allowable landing weight at the destination air-port, the following is assumed:
(1) The airplane is landed on the most
favorable runway and in the most fa-vorable direction, in still air.
(2) The airplane is landed on the most
suitable runway considering the prob-able wind velocity and direction and the ground handling characteristics of that airplane, and considering other conditions such as landing aids and ter-rain.
(c) A program manager or other per-
son flying a turbine engine powered large transport category airplane on a
799 Federal Aviation Administration, DOT § 91.1039
program flight may permit that air-
plane to take off at a weight in excess of that allowed by paragraph (b) of this section if all of the following condi-tions exist:
(1) The operation is conducted in ac-
cordance with an approved Destination Airport Analysis in that person’s pro-gram operating manual that contains the elements listed in §91.1025(o).
(2) The airplane’s weight on arrival,
allowing for normal consumption of fuel and oil in flight (in accordance with the landing distance in the Air-plane Flight Manual for the elevation of the destination airport and the wind conditions expected there at the time of landing), would allow a full stop landing at the intended destination air-port within 80 percent of the effective length of each runway described below from a point 50 feet above the intersec-tion of the obstruction clearance plane and the runway. For the purpose of de-termining the allowable landing weight at the destination airport, the fol-lowing is assumed:
(i) The airplane is landed on the most
favorable runway and in the most fa-vorable direction, in still air.
(ii) The airplane is landed on the
most suitable runway considering the probable wind velocity and direction and the ground handling characteris-tics of that airplane, and considering other conditions such as landing aids and terrain.
(3) The operation is authorized by
management specifications.
(d) No program manager or other per-
son may select an airport as an alter-nate airport for a turbine engine pow-ered large transport category airplane unless (based on the assumptions in paragraph (b) of this section) that air-plane, at the weight expected at the time of arrival, can be brought to a full stop landing within 80 percent of the effective length of the runway from a point 50 feet above the intersection of the obstruction clearance plane and the runway.
(e) Unless, based on a showing of ac-
tual operating landing techniques on wet runways, a shorter landing dis-tance (but never less than that re-quired by paragraph (b) or (c) of this section) has been approved for a spe-cific type and model airplane and in-cluded in the Airplane Flight Manual,
no person may take off a turbojet air-plane when the appropriate weather re-ports or forecasts, or any combination of them, indicate that the runways at the destination or alternate airport may be wet or slippery at the esti-mated time of arrival unless the effec-tive runway length at the destination airport is at least 115 percent of the runway length required under para-graph (b) or (c) of this section.
§ 91.1039 IFR takeoff, approach and
landing minimums.
(a) No pilot on a program aircraft op-
erating a program flight may begin an instrument approach procedure to an airport unless—
(1) Either that airport or the alter-
nate airport has a weather reporting facility operated by the U.S. National Weather Service, a source approved by the U.S. National Weather Service, or a source approved by the Administrator; and
(2) The latest weather report issued
by the weather reporting facility in-cludes a current local altimeter setting for the destination airport. If no local altimeter setting is available at the destination airport, the pilot must ob-tain the current local altimeter setting from a source provided by the facility designated on the approach chart for the destination airport.
(b) For flight planning purposes, if
the destination airport does not have a weather reporting facility described in paragraph (a)(1) of this section, the pilot must designate as an alternate an airport that has a weather reporting facility meeting that criteria.
(c) The MDA or Decision Altitude
and visibility landing minimums pre-scribed in part 97 of this chapter or in the program manager’s management specifications are increased by 100 feet and
1⁄2mile respectively, but not to ex-
ceed the ceiling and visibility mini-mums for that airport when used as an alternate airport, for each pilot in command of a turbine-powered aircraft who has not served at least 100 hours as pilot in command in that type of air-craft.
(d) No person may take off an air-
craft under IFR from an airport where weather conditions are at or above
800 14 CFR Ch. I (1–1–25 Edition) § 91.1041
takeoff minimums but are below au-
thorized IFR landing minimums unless there is an alternate airport within one hour’s flying time (at normal cruising speed, in still air) of the airport of de-parture.
(e) Except as provided in §91.176 of
this chapter, each pilot making an IFR takeoff or approach and landing at an airport must comply with applicable instrument approach procedures and takeoff and landing weather minimums prescribed by the authority having ju-risdiction over the airport. In addition, no pilot may take off at that airport when the visibility is less than 600 feet, unless otherwise authorized in the pro-gram manager’s management specifica-tions for EFVS operations.
[Docket FAA–2001–10047, 68 FR 54561, Sept. 17,
2003, as amended by Docket FAA–2013–0485, Amdt. 91–345, 81 FR 90175, Dec. 13, 2016]
§ 91.1041 Aircraft proving and valida-
tion tests.
(a) No program manager may permit
the operation of an aircraft, other than a turbojet aircraft, for which two pilots are required by the type certification requirements of this chapter for oper-ations under VFR, if it has not pre-viously proved such an aircraft in oper-ations under this part in at least 25 hours of proving tests acceptable to the Administrator including—
(1) Five hours of night time, if night
flights are to be authorized;
(2) Five instrument approach proce-
dures under simulated or actual condi-tions, if IFR flights are to be author-ized; and
(3) Entry into a representative num-
ber of en route airports as determined by the Administrator.
(b) No program manager may permit
the operation of a turbojet airplane if it has not previously proved a turbojet airplane in operations under this part in at least 25 hours of proving tests ac-ceptable to the Administrator includ-ing—
(1) Five hours of night time, if night
flights are to be authorized;
(2) Five instrument approach proce-
dures under simulated or actual condi-tions, if IFR flights are to be author-ized; and (3) Entry into a representative num-
ber of en route airports as determined by the Administrator.
(c) No program manager may carry
passengers in an aircraft during prov-ing tests, except those needed to make the tests and those designated by the Administrator to observe the tests. However, pilot flight training may be conducted during the proving tests.
(d) Validation testing is required to
determine that a program manager is capable of conducting operations safely and in compliance with applicable reg-ulatory standards. Validation tests are required for the following authoriza-tions:
(1) The addition of an aircraft for
which two pilots are required for oper-ations under VFR or a turbojet air-plane, if that aircraft or an aircraft of the same make or similar design has not been previously proved or validated in operations under this part.
(2) Operations outside U.S. airspace. (3) Class II navigation authoriza-
tions.
(4) Special performance or oper-
ational authorizations.
(e) Validation tests must be accom-
plished by test methods acceptable to the Administrator. Actual flights may not be required when an applicant can demonstrate competence and compli-ance with appropriate regulations without conducting a flight.
(f) Proving tests and validation tests
may be conducted simultaneously when appropriate.
(g) The Administrator may authorize
deviations from this section if the Ad-ministrator finds that special cir-cumstances make full compliance with this section unnecessary.
§ 91.1043 [Reserved] § 91.1045 Additional equipment re-
quirements.
No person may operate a program
aircraft on a program flight unless the aircraft is equipped with the fol-lowing—
(a) Airplanes having a passenger-seat
configuration of more than 30 seats or a payload capacity of more than 7,500 pounds:
801 Federal Aviation Administration, DOT § 91.1047
(1) A cockpit voice recorder as re-
quired by §121.359 of this chapter as ap-plicable to the aircraft specified in that section.
(2) A flight recorder as required by
§121.343 or §121.344 of this chapter as applicable to the aircraft specified in that section.
(3) A terrain awareness and warning
system as required by §121.354 of this chapter as applicable to the aircraft specified in that section.
(4) A traffic alert and collision avoid-
ance system as required by §121.356 of this chapter as applicable to the air-craft specified in that section.
(5) Airborne weather radar as re-
quired by §121.357 of this chapter, as applicable to the aircraft specified in that section.
(b) Airplanes having a passenger-seat
configuration of 30 seats or fewer, ex-cluding each crewmember, and a pay-load capacity of 7,500 pounds or less, and any rotorcraft (as applicable):
(1) A cockpit voice recorder as re-
quired by §135.151 of this chapter as ap-plicable to the aircraft specified in that section.
(2) A flight recorder as required by
§135.152 of this chapter as applicable to the aircraft specified in that section.
(3) A terrain awareness and warning
system as required by §135.154 of this chapter as applicable to the aircraft specified in that section.
(4) A traffic alert and collision avoid-
ance system as required by §135.180 of this chapter as applicable to the air-craft specified in that section.
(5) As applicable to the aircraft speci-
fied in that section, either:
(i) Airborne thunderstorm detection
equipment as required by §135.173 of this chapter; or
(ii) Airborne weather radar as re-
quired by §135.175 of this chapter.
§ 91.1047 Drug and alcohol misuse edu-
cation program.
(a) Each program manager must pro-
vide each direct employee performing flight crewmember, flight attendant, flight instructor, or aircraft mainte-nance duties with drug and alcohol misuse education.
(b) No program manager may use any
contract employee to perform flight crewmember, flight attendant, flight instructor, or aircraft maintenance du-
ties for the program manager unless that contract employee has been pro-vided with drug and alcohol misuse education.
(c) Program managers must disclose
to their owners and prospective owners the existence of a company drug and alcohol misuse testing program. If the program manager has implemented a company testing program, the program manager’s disclosure must include the following:
(1) Information on the substances
that they test for, for example, alcohol and a list of the drugs;
(2) The categories of employees test-
ed, the types of tests, for example, pre- employment, random, reasonable cause/suspicion, post accident, return to duty and follow-up; and
(3) The degree to which the program
manager’s company testing program is comparable to the federally mandated drug and alcohol testing program re-quired under part 120 of this chapter re-garding the information in paragraphs (c)(1) and (c)(2) of this section.
(d) If a program aircraft is operated
on a program flight into an airport at which no maintenance personnel are available that are subject to the re-quirements of paragraphs (a) or (b) of this section and emergency mainte-nance is required, the program man-ager may use persons not meeting the requirements of paragraphs (a) or (b) of this section to provide such emergency maintenance under both of the fol-lowing conditions:
(1) The program manager must notify
the Drug Abatement Program Division, AAM–800, 800 Independence Avenue, SW., Washington, DC 20591 in writing within 10 days after being provided emergency maintenance in accordance with this paragraph. The program man-ager must retain copies of all such written notifications for two years.
(2) The aircraft must be reinspected
by maintenance personnel who meet the requirements of paragraph (a) or (b) of this section when the aircraft is next at an airport where such mainte-nance personnel are available.
(e) For purposes of this section,
emergency maintenance means main-tenance that—
(1) Is not scheduled, and
802 14 CFR Ch. I (1–1–25 Edition) § 91.1049
(2) Is made necessary by an aircraft
condition not discovered prior to the departure for that location.
(f) Notwithstanding paragraphs (a)
and (b) of this section, drug and alcohol misuse education conducted under an FAA-approved drug and alcohol misuse prevention program may be used to satisfy these requirements.
[Docket FAA–2001–10047, 68 FR 54561, Sept. 17,
2003, as amended by Amdt. 91–307, 74 FR 22653, May 14, 2009]
§ 91.1049 Personnel.
(a) Each program manager and each
fractional owner must use in program operations on program aircraft flight crews meeting §91.1053 criteria and qualified under the appropriate regula-tions. The program manager must pro-vide oversight of those crews.
(b) Each program manager must em-
ploy (either directly or by contract) an adequate number of pilots per program aircraft. Flight crew staffing must be determined based on the following fac-tors, at a minimum:
(1) Number of program aircraft. (2) Program manager flight, duty,
and rest time considerations, and in all cases within the limits set forth in §§91.1057 through 91.1061.
(3) Vacations. (4) Operational efficiencies. (5) Training. (6) Single pilot operations, if author-
ized by deviation under paragraph (d) of this section.
(c) Each program manager must pub-
lish pilot and flight attendant duty schedules sufficiently in advance to follow the flight, duty, and rest time limits in §§91.1057 through 91.1061 in program operations.
(d) Unless otherwise authorized by
the Administrator, when any program aircraft is flown in program operations with passengers onboard, the crew must consist of at least two qualified pilots employed or contracted by the program manager or the fractional owner.
(e) The program manager must en-
sure that trained and qualified sched-uling or flight release personnel are on duty to schedule and release program aircraft during all hours that such air-craft are available for program oper-ations. § 91.1050 Employment of former FAA
employees.
(a) Except as specified in paragraph
(c) of this section, no fractional owner or fractional ownership program man-ager may knowingly employ or make a contractual arrangement which per-mits an individual to act as an agent or representative of the fractional owner or fractional ownership program man-ager in any matter before the Federal Aviation Administration if the indi-vidual, in the preceding 2 years—
(1) Served as, or was directly respon-
sible for the oversight of, a Flight Standards Service aviation safety in-spector; and
(2) Had direct responsibility to in-
spect, or oversee the inspection of, the operations of the fractional owner or fractional ownership program manager.
(b) For the purpose of this section, an
individual shall be considered to be acting as an agent or representative of a fractional owner or fractional owner-ship program manager in a matter be-fore the agency if the individual makes any written or oral communication on behalf of the fractional owner or frac-tional ownership program manager to the agency (or any of its officers or em-ployees) in connection with a par-ticular matter, whether or not involv-ing a specific party and without regard to whether the individual has partici-pated in, or had responsibility for, the particular matter while serving as a Flight Standards Service aviation safe-ty inspector.
(c) The provisions of this section do
not prohibit a fractional owner or frac-tional ownership program manager from knowingly employing or making a contractual arrangement which per-mits an individual to act as an agent or representative of the fractional owner or fractional ownership program man-ager in any matter before the Federal Aviation Administration if the indi-vidual was employed by the fractional owner or fractional ownership program manager before October 21, 2011.
[Docket FAA–2008–1154, 76 FR 52235, Aug. 22,
2011]
803 Federal Aviation Administration, DOT § 91.1055
§ 91.1053 Crewmember experience.
(a) No program manager or owner
may use any person, nor may any per-son serve, as a pilot in command or second in command of a program air-craft, or as a flight attendant on a pro-gram aircraft, in program operations under this subpart unless that person has met the applicable requirements of part 61 of this chapter and has the fol-lowing experience and ratings:
(1) Total flight time for all pilots: (i) Pilot in command—A minimum of
1,500 hours.
(ii) Second in command—A minimum
of 500 hours.
(2) For multi-engine turbine-powered
fixed-wing and powered-lift aircraft, the following FAA certification and ratings requirements:
(i) Pilot in command—Airline trans-
port pilot and applicable type ratings.
(ii) Second in command—Commercial
pilot and instrument ratings.
(iii) Flight attendant (if required or
used)—Appropriately trained per-sonnel.
(3) For all other aircraft, the fol-
lowing FAA certification and rating re-quirements:
(i) Pilot in command—Commercial
pilot and instrument ratings.
(ii) Second in command—Commercial
pilot and instrument ratings.
(iii) Flight attendant (if required or
used)—Appropriately trained per-sonnel.
(b) The Administrator may authorize
deviations from paragraph (a)(1) of this section if the Flight Standards office that issued the program manager’s management specifications finds that the crewmember has comparable expe-rience, and can effectively perform the functions associated with the position in accordance with the requirements of
this chapter. Grants of deviation under this paragraph may be granted after consideration of the size and scope of the operation, the qualifications of the intended personnel and the cir-cumstances set forth in §91.1055(b)(1) through (3). The Administrator may, at any time, terminate any grant of devi-ation authority issued under this para-graph.
[Docket FAA–2001–10047, 68 FR 54561, Sept. 17,
2003, as amended by Docket FAA–2018–0119, Amdt. 91–350, 83 FR 9171, Mar. 5, 2018] E
FFECTIVE DATE NOTE: Amendments to
§91.1053 were published by Docket FAA–2023– 1275, Amdt. 60–8, 89 FR 92486, Nov. 21, 2024, ef-fective Jan. 21, 2025.
§ 91.1055 Pilot operating limitations
and pairing requirement.
(a) If the second in command of a
fixed-wing program aircraft has fewer than 100 hours of flight time as second in command flying in the aircraft make and model and, if a type rating is required, in the type aircraft being flown, and the pilot in command is not an appropriately qualified check pilot, the pilot in command shall make all takeoffs and landings in any of the fol-lowing situations:
(1) Landings at the destination air-
port when a Destination Airport Anal-ysis is required by §91.1037(c); and
(2) In any of the following conditions: (i) The prevailing visibility for the
airport is at or below
3⁄4mile.
(ii) The runway visual range for the
runway to be used is at or below 4,000 feet.
(iii) The runway to be used has
water, snow, slush, ice or similar con-tamination that may adversely affect aircraft performance.
(iv) The braking action on the run-
way to be used is reported to be less than ‘‘good.’’
(v) The crosswind component for the
runway to be used is in excess of 15 knots.
(vi) Windshear is reported in the vi-
cinity of the airport.
(vii) Any other condition in which
the pilot in command determines it to be prudent to exercise the pilot in com-mand’s authority.
(b) No program manager may release
a program flight under this subpart un-less, for that aircraft make or model and, if a type rating is required, for that type aircraft, either the pilot in command or the second in command has at least 75 hours of flight time, ei-ther as pilot in command or second in command. The Administrator may, upon application by the program man-ager, authorize deviations from the re-quirements of this paragraph by an ap-propriate amendment to the manage-ment specifications in any of the fol-lowing circumstances:
(1) A newly authorized program man-
ager does not employ any pilots who
804 14 CFR Ch. I (1–1–25 Edition) § 91.1057
meet the minimum requirements of
this paragraph.
(2) An existing program manager
adds to its fleet a new category and class aircraft not used before in its op-eration.
(3) An existing program manager es-
tablishes a new base to which it assigns pilots who will be required to become qualified on the aircraft operated from that base.
(c) No person may be assigned in the
capacity of pilot in command in a pro-gram operation to more than two air-
craft types that require a separate type rating.
§ 91.1057 Flight, duty and rest time re-
quirements: All crewmembers.
(a) For purposes of this subpart—
Augmented flight crew means at least
three pilots.
Calendar day means the period of
elapsed time, using Coordinated Uni-versal Time or local time that begins at midnight and ends 24 hours later at the next midnight.
Duty period means the period of
elapsed time between reporting for an assignment involving flight time and release from that assignment by the program manager. All time between these two points is part of the duty pe-riod, even if flight time is interrupted by nonflight-related duties. The time is calculated using either Coordinated Universal Time or local time to reflect the total elapsed time.
Extension of flight time means an in-
crease in the flight time because of cir-cumstances beyond the control of the program manager or flight crew-member (such as adverse weather) that are not known at the time of departure and that prevent the flightcrew from reaching the destination within the planned flight time.
Flight attendant means an individual,
other than a flight crewmember, who is assigned by the program manager, in accordance with the required minimum crew complement under the program manager’s management specifications or in addition to that minimum com-plement, to duty in an aircraft during flight time and whose duties include but are not necessarily limited to cabin-safety-related responsibilities. Multi-time zone flight means an eas-
terly or westerly flight or multiple flights in one direction in the same duty period that results in a time zone difference of 5 or more hours and is conducted in a geographic area that is south of 60 degrees north latitude and north of 60 degrees south latitude.
Reserve status means that status in
which a flight crewmember, by ar-rangement with the program manager: Holds himself or herself fit to fly to the extent that this is within the control of the flight crewmember; remains within a reasonable response time of the aircraft as agreed between the flight crewmember and the program manager; and maintains a ready means whereby the flight crewmember may be contacted by the program manager. Reserve status is not part of any duty period or rest period.
Rest period means a period of time re-
quired pursuant to this subpart that is free of all responsibility for work or duty prior to the commencement of, or following completion of, a duty period, and during which the flight crew-member or flight attendant cannot be required to receive contact from the program manager. A rest period does not include any time during which the program manager imposes on a flight crewmember or flight attendant any duty or restraint, including any actual work or present responsibility for work should the occasion arise.
Standby means that portion of a duty
period during which a flight crew-member is subject to the control of the program manager and holds himself or herself in a condition of readiness to undertake a flight. Standby is not part of any rest period.
(b) A program manager may assign a
crewmember and a crewmember may accept an assignment for flight time only when the applicable requirements of this section and §§91.1059–91.1062 are met.
(c) No program manager may assign
any crewmember to any duty during any required rest period.
(d) Time spent in transportation, not
local in character, that a program manager requires of a crewmember and provides to transport the crewmember to an airport at which he or she is to serve on a flight as a crewmember, or
805 Federal Aviation Administration, DOT § 91.1061
from an airport at which he or she was
relieved from duty to return to his or her home station, is not considered part of a rest period.
(e) A flight crewmember may con-
tinue a flight assignment if the flight to which he or she is assigned would normally terminate within the flight time limitations, but because of cir-cumstances beyond the control of the program manager or flight crew-member (such as adverse weather con-ditions), is not at the time of departure expected to reach its destination with-in the planned flight time. The exten-sion of flight time under this para-graph may not exceed the maximum time limits set forth in §91.1059.
(f) Each flight assignment must pro-
vide for at least 10 consecutive hours of rest during the 24-hour period that pre-cedes the completion time of the as-signment.
(g) The program manager must pro-
vide each crewmember at least 13 rest periods of at least 24 consecutive hours each in each calendar quarter.
(h) A flight crewmember may decline
a flight assignment if, in the flight crewmember’s determination, to do so would not be consistent with the stand-ard of safe operation required under this subpart, this part, and applicable
provisions of this title.
(i) Any rest period required by this
subpart may occur concurrently with any other rest period.
(j) If authorized by the Adminis-
trator, a program manager may use the applicable unscheduled flight time lim-itations, duty period limitations, and
rest requirements of part 121 or part 135 of this chapter instead of the flight time limitations, duty period limita-tions, and rest requirements of this subpart.
§ 91.1059 Flight time limitations and
rest requirements: One or two pilot crews.
(a) No program manager may assign
any flight crewmember, and no flight crewmember may accept an assign-ment, for flight time as a member of a one- or two-pilot crew if that crew-member’s total flight time in all com-mercial flying will exceed—
(1) 500 hours in any calendar quarter; (2) 800 hours in any two consecutive
calendar quarters;
(3) 1,400 hours in any calendar year. (b) Except as provided in paragraph
(c) of this section, during any 24 con-secutive hours the total flight time of the assigned flight, when added to any commercial flying by that flight crew-member, may not exceed—
(1) 8 hours for a flight crew con-
sisting of one pilot; or
(2) 10 hours for a flight crew con-
sisting of two pilots qualified under this subpart for the operation being conducted.
(c) No program manager may assign
any flight crewmember, and no flight crewmember may accept an assign-ment, if that crewmember’s flight time or duty period will exceed, or rest time will be less than—
Normal duty Extension of flight time
(1) Minimum Rest Immediately Before Duty .......................................... 10 Hours ........... 10 Hours.
(2) Duty Period ....................................................................................... Up to 14 Hours Up to 14 Ho urs.
(3) Flight Time For 1 Pilot ...................................................................... Up to 8 Hours ... Exceeding 8 Ho urs up to 9 Hours.
(4) Flight Time For 2 Pilots .................................................................... Up to 10 Hours Exceeding 10 Hour s up to 12 Hours.
(5) Minimum After Duty Rest ................................................................. 10 Hours ........... 12 Hours.
(6) Minimum After Duty Rest Period for Multi-Time Zone Flights ......... 14 Hours ........... 18 Hours.
§ 91.1061 Augmented flight crews.
(a) No program manager may assign
any flight crewmember, and no flight crewmember may accept an assign-ment, for flight time as a member of an augmented crew if that crewmember’s total flight time in all commercial fly-ing will exceed—
(1) 500 hours in any calendar quarter; (2) 800 hours in any two consecutive
calendar quarters;
(3) 1,400 hours in any calendar year. (b) No program manager may assign
any pilot to an augmented crew, unless the program manager ensures:
(1) Adequate sleeping facilities are
installed on the aircraft for the pilots.
806 14 CFR Ch. I (1–1–25 Edition) § 91.1062
(2) No more than 8 hours of flight
deck duty is accrued in any 24 consecu-tive hours.
(3) For a three-pilot crew, the crew
must consist of at least the following:
(i) A pilot in command (PIC) who
meets the applicable flight crew-member requirements of this subpart and §61.57 of this chapter.
(ii) A PIC qualified pilot who meets
the applicable flight crewmember re-quirements of this subpart and §61.57(c) and (d) of this chapter.
(iii) A second in command (SIC) who
meets the SIC qualifications of this subpart. For flight under IFR, that per-son must also meet the recent instru-ment experience requirements of part
61 of this chapter.
(4) For a four-pilot crew, at least
three pilots who meet the conditions of paragraph (b)(3) of this section, plus a fourth pilot who meets the SIC quali-fications of this subpart. For flight under IFR, that person must also meet the recent instrument experience re-quirements of part 61 of this chapter.
(c) No program manager may assign
any flight crewmember, and no flight crewmember may accept an assign-ment, if that crewmember’s flight time or duty period will exceed, or rest time will be less than—
3-Pilot crew 4-Pilot crew
(1) Minimum Rest Immediately Before Duty ....................................... 10 Hours ............................. 10 Hours
(2) Duty Period .................................................................................... Up to 16 Hours .............. ..... Up to 18 Hours
(3) Flight Time ..................................................................................... Up to 12 Hours ............. ...... Up to 16 Hours
(4) Minimum After Duty Rest .............................................................. 12 Hours ............................. 1 8 Hours
(5) Minimum After Duty Rest Period for Multi-Time Zone Flights ...... 18 hours ............................. 24 hours
§ 91.1062 Duty periods and rest re-
quirements: Flight attendants.
(a) Except as provided in paragraph
(b) of this section, a program manager may assign a duty period to a flight at-tendant only when the assignment meets the applicable duty period limi-tations and rest requirements of this paragraph.
(1) Except as provided in paragraphs
(a)(4), (a)(5), and (a)(6) of this section, no program manager may assign a flight attendant to a scheduled duty period of more than 14 hours.
(2) Except as provided in paragraph
(a)(3) of this section, a flight attendant scheduled to a duty period of 14 hours or less as provided under paragraph (a)(1) of this section must be given a scheduled rest period of at least 9 con-secutive hours. This rest period must occur between the completion of the scheduled duty period and the com-mencement of the subsequent duty pe-riod.
(3) The rest period required under
paragraph (a)(2) of this section may be scheduled or reduced to 8 consecutive hours if the flight attendant is pro-vided a subsequent rest period of at least 10 consecutive hours; this subse-quent rest period must be scheduled to begin no later than 24 hours after the beginning of the reduced rest period
and must occur between the comple-tion of the scheduled duty period and the commencement of the subsequent duty period.
(4) A program manager may assign a
flight attendant to a scheduled duty period of more than 14 hours, but no more than 16 hours, if the program manager has assigned to the flight or flights in that duty period at least one flight attendant in addition to the min-imum flight attendant complement re-quired for the flight or flights in that duty period under the program man-ager’s management specifications.
(5) A program manager may assign a
flight attendant to a scheduled duty period of more than 16 hours, but no more than 18 hours, if the program manager has assigned to the flight or flights in that duty period at least two flight attendants in addition to the minimum flight attendant complement required for the flight or flights in that duty period under the program man-ager’s management specifications.
(6) A program manager may assign a
flight attendant to a scheduled duty period of more than 18 hours, but no more than 20 hours, if the scheduled duty period includes one or more flights that land or take off outside the 48 contiguous states and the District of
807 Federal Aviation Administration, DOT § 91.1063
Columbia, and if the program manager
has assigned to the flight or flights in that duty period at least three flight attendants in addition to the minimum flight attendant complement required for the flight or flights in that duty pe-riod under the program manager’s management specifications.
(7) Except as provided in paragraph
(a)(8) of this section, a flight attendant scheduled to a duty period of more than 14 hours but no more than 20 hours, as provided in paragraphs (a)(4), (a)(5), and (a)(6) of this section, must be given a scheduled rest period of at least 12 consecutive hours. This rest period must occur between the completion of the scheduled duty period and the com-mencement of the subsequent duty pe-riod.
(8) The rest period required under
paragraph (a)(7) of this section may be scheduled or reduced to 10 consecutive hours if the flight attendant is pro-vided a subsequent rest period of at least 14 consecutive hours; this subse-quent rest period must be scheduled to begin no later than 24 hours after the beginning of the reduced rest period and must occur between the comple-tion of the scheduled duty period and the commencement of the subsequent duty period.
(9) Notwithstanding paragraphs
(a)(4), (a)(5), and (a)(6) of this section, if a program manager elects to reduce the rest period to 10 hours as author-ized by paragraph (a)(8) of this section, the program manager may not sched-ule a flight attendant for a duty period of more than 14 hours during the 24- hour period commencing after the be-ginning of the reduced rest period.
(b) Notwithstanding paragraph (a) of
this section, a program manager may apply the flight crewmember flight time and duty limitations and rest re-
quirements of this part to flight at-tendants for all operations conducted under this part provided that the pro-gram manager establishes written pro-cedures that—
(1) Apply to all flight attendants used
in the program manager’s operation;
(2) Include the flight crewmember
rest and duty requirements of §§91.1057, 91.1059, and 91.1061, as appropriate to the operation being conducted, except that rest facilities on board the air-
craft are not required;
(3) Include provisions to add one
flight attendant to the minimum flight attendant complement for each flight crewmember who is in excess of the minimum number required in the air-craft type certificate data sheet and who is assigned to the aircraft under the provisions of §91.1061; and
(4) Are approved by the Adminis-
trator and described or referenced in the program manager’s management
specifications.
§ 91.1063 Testing and training: Appli-
cability and terms used.
(a) Sections 91.1065 through 91.1107:
(1) Prescribe the tests and checks re-
quired for pilots and flight attendant crewmembers and for the approval of check pilots in operations under this subpart;
(2) Prescribe the requirements for es-
tablishing and maintaining an ap-proved training program for crew-members, check pilots and instructors, and other operations personnel em-ployed or used by the program manager in program operations;
(3) Prescribe the requirements for the
qualification, approval and use of air-craft simulators and flight training de-vices in the conduct of an approved training program; and
(4) Permits training center personnel
authorized under part 142 of this chap-ter who meet the requirements of §91.1075 to conduct training, testing and checking under contract or other arrangements to those persons subject to the requirements of this subpart.
(b) If authorized by the Adminis-
trator, a program manager may com-ply with the applicable training and testing sections of part 121, subparts N and O of this chapter instead of §§91.1065 through 91.1107, provided that the following additional limitations and allowances apply to program man-agers so authorized:
(1) Operating experience and operations
familiarization. Program managers are
not required to comply with the oper-ating experience requirements of §121.434 or the operations familiariza-tion requirements of §121.435 of this chapter.
808 14 CFR Ch. I (1–1–25 Edition) § 91.1065
(2) Upgrade training. (i) Each program
manager must include in upgrade ground training for pilots, instruction in at least the subjects identified in §121.419(a) of this chapter, as applicable to their assigned duties; and, for pilots serving in crews of two or more pilots, instruction and facilitated discussion in the subjects identified in §121.419(c) of this chapter.
(ii) Each program manager must in-
clude in upgrade flight training for pi-lots, flight training for the maneuvers and procedures required in §121.424(a), (c), (e), and (f) of this chapter; and, for pilots serving in crews of two or more pilots, the flight training required in §121.424(b) of this chapter.
(3) Initial and recurrent leadership and
command and mentoring training. Pro-
gram managers are not required to in-clude leadership and command training in §§121.409(b)(2)(ii)(B)( 6), 121.419(c)(1),
121.424(b) and 121.427(d)(1) of this chap-ter, and mentoring training in §§121.419(c)(2) and 121.427(d)(1) of this chapter in initial and recurrent train-ing for pilots in command who serve in operations that use only one pilot.
(4) One-time leadership and command
and mentoring training. Section 121.429
of this chapter does not apply to pro-gram managers conducting operations under this subpart when those oper-ations use only one pilot.
(c) If authorized by the Adminis-
trator, a program manager may com-ply with the applicable training and testing sections of subparts G and H of part 135 of this chapter instead of §§91.1065 through 91.1107, except for the operating experience requirements of §135.244 of this chapter.
(d) For the purposes of this subpart,
the following terms and definitions apply:
(1) Initial training. The training re-
quired for crewmembers who have not qualified and served in the same capac-ity on an aircraft.
(2) Transition training. The training
required for crewmembers who have qualified and served in the same capac-ity on another aircraft.
(3) Upgrade training. The training re-
quired for crewmembers who have qualified and served as second in com-mand on a particular aircraft type, be-fore they serve as pilot in command on
that aircraft.
(4) Differences training. The training
required for crewmembers who have qualified and served on a particular type aircraft, when the Administrator finds differences training is necessary before a crewmember serves in the same capacity on a particular vari-ation of that aircraft.
(5) Recurrent training. The training
required for crewmembers to remain adequately trained and currently pro-ficient for each aircraft crewmember position, and type of operation in which the crewmember serves.
(6) In flight. The maneuvers, proce-
dures, or functions that will be con-ducted in the aircraft.
(7) Training center. An organization
governed by the applicable require-ments of part 142 of this chapter that conducts training, testing, and check-ing under contract or other arrange-ment to program managers subject to the requirements of this subpart.
(8) Requalification training. The train-
ing required for crewmembers pre-viously trained and qualified, but who have become unqualified because of not
having met within the required period any of the following:
(i) Recurrent crewmember training
requirements of §91.1107.
(ii) Instrument proficiency check re-
quirements of §91.1069.
(iii) Testing requirements of §91.1065. (iv) Recurrent flight attendant test-
ing requirements of §91.1067.
[Docket FAA–2001–10047, 68 FR 54561, Sept. 17,
2003, as amended by Amdt. 61–144, 85 FR 10920, Feb. 25, 2020; Docket FAA–2019–0360, Amdt. 91–375, 89 FR 51424, June 18, 2024]
§ 91.1065 Initial and recurrent pilot
testing requirements.
(a) No program manager or owner
may use a pilot, nor may any person serve as a pilot, unless, since the begin-ning of the 12th month before that service, that pilot has passed either a written or oral test (or a combination), given by the Administrator or an au-thorized check pilot, on that pilot’s knowledge in the following areas—
(1) The appropriate provisions of
parts 61 and 91 of this chapter and the
809 Federal Aviation Administration, DOT § 91.1065
management specifications and the op-
erating manual of the program man-ager;
(2) For each type of aircraft to be
flown by the pilot, the aircraft power-plant, major components and systems, major appliances, performance and op-erating limitations, standard and emergency operating procedures, and the contents of the accepted operating manual or equivalent, as applicable;
(3) For each type of aircraft to be
flown by the pilot, the method of deter-mining compliance with weight and balance limitations for takeoff, landing and en route operations;
(4) Navigation and use of air naviga-
tion aids appropriate to the operation or pilot authorization, including, when applicable, instrument approach facili-ties and procedures;
(5) Air traffic control procedures, in-
cluding IFR procedures when applica-ble;
(6) Meteorology in general, including
the principles of frontal systems, icing, fog, thunderstorms, and windshear, and, if appropriate for the operation of the program manager, high altitude weather;
(7) Procedures for— (i) Recognizing and avoiding severe
weather situations;
(ii) Escaping from severe weather sit-
uations, in case of inadvertent encoun-ters, including low-altitude windshear (except that rotorcraft aircraft pilots are not required to be tested on escap-ing from low-altitude windshear); and
(iii) Operating in or near thunder-
storms (including best penetration al-titudes), turbulent air (including clear air turbulence), icing, hail, and other potentially hazardous meteorological conditions; and
(8) New equipment, procedures, or
techniques, as appropriate.
(b) No program manager or owner
may use a pilot, nor may any person serve as a pilot, in any aircraft unless, since the beginning of the 12th month before that service, that pilot has passed a competency check given by the Administrator or an authorized check pilot in that class of aircraft, if single-engine aircraft other than tur-bojet, or that type of aircraft, if rotor-craft, multiengine aircraft, or turbojet airplane, to determine the pilot’s com-petence in practical skills and tech-
niques in that aircraft or class of air-craft. The extent of the competency check will be determined by the Ad-ministrator or authorized check pilot conducting the competency check. The competency check may include any of the maneuvers and procedures cur-rently required for the original issuance of the particular pilot certifi-cate required for the operations au-thorized and appropriate to the cat-egory, class and type of aircraft in-volved. For the purposes of this para-graph, type, as to an airplane, means any one of a group of airplanes deter-mined by the Administrator to have a similar means of propulsion, the same manufacturer, and no significantly dif-ferent handling or flight characteris-tics. For the purposes of this para-graph, type, as to a rotorcraft, means a basic make and model.
(c) The instrument proficiency check
required by §91.1069 may be substituted for the competency check required by this section for the type of aircraft used in the check.
(d) For the purpose of this subpart,
competent performance of a procedure or maneuver by a person to be used as a pilot requires that the pilot be the obvious master of the aircraft, with the successful outcome of the maneuver never in doubt.
(e) The Administrator or authorized
check pilot certifies the competency of each pilot who passes the knowledge or flight check in the program manager’s pilot records.
(f) All or portions of a required com-
petency check may be given in an air-craft simulator or other appropriate training device, if approved by the Ad-ministrator.
(g) If the program manager is author-
ized to conduct EFVS operations, the competency check in paragraph (b) of this section must include tasks appro-priate to the EFVS operations the cer-tificate holder is authorized to con-duct.
[Docket FAA–2001–10047, 68 FR 54561, Sept. 17,
2003, as amended by Docket FAA–2013–0485, Amdt. 91–345, 81 FR 90175, Dec. 13, 2016]
810 14 CFR Ch. I (1–1–25 Edition) § 91.1067
§ 91.1067 Initial and recurrent flight
attendant crewmember testing re-quirements.
No program manager or owner may
use a flight attendant crewmember, nor may any person serve as a flight attendant crewmember unless, since the beginning of the 12th month before that service, the program manager has determined by appropriate initial and recurrent testing that the person is knowledgeable and competent in the following areas as appropriate to as-signed duties and responsibilities—
(a) Authority of the pilot in com-
mand;
(b) Passenger handling, including
procedures to be followed in handling deranged persons or other persons whose conduct might jeopardize safety;
(c) Crewmember assignments, func-
tions, and responsibilities during ditch-ing and evacuation of persons who may need the assistance of another person to move expeditiously to an exit in an emergency;
(d) Briefing of passengers; (e) Location and operation of port-
able fire extinguishers and other items of emergency equipment;
(f) Proper use of cabin equipment and
controls;
(g) Location and operation of pas-
senger oxygen equipment;
(h) Location and operation of all nor-
mal and emergency exits, including evacuation slides and escape ropes; and
(i) Seating of persons who may need
assistance of another person to move rapidly to an exit in an emergency as prescribed by the program manager’s operations manual.
§ 91.1069 Flight crew: Instrument pro-
ficiency check requirements.
(a) No program manager or owner
may use a pilot, nor may any person serve, as a pilot in command of an air-craft under IFR unless, since the begin-ning of the 6th month before that serv-ice, that pilot has passed an instru-ment proficiency check under this sec-tion administered by the Adminis-trator or an authorized check pilot.
(b) No program manager or owner
may use a pilot, nor may any person serve, as a second command pilot of an aircraft under IFR unless, since the be-ginning of the 12th month before that service, that pilot has passed an instru-
ment proficiency check under this sec-tion administered by the Adminis-trator or an authorized check pilot.
(c) No pilot may use any type of pre-
cision instrument approach procedure under IFR unless, since the beginning of the 6th month before that use, the pilot satisfactorily demonstrated that type of approach procedure. No pilot may use any type of nonprecision ap-proach procedure under IFR unless, since the beginning of the 6th month before that use, the pilot has satisfac-torily demonstrated either that type of approach procedure or any other two different types of nonprecision ap-proach procedures. The instrument ap-proach procedure or procedures must include at least one straight-in ap-proach, one circling approach, and one missed approach. Each type of ap-proach procedure demonstrated must be conducted to published minimums for that procedure.
(d) The instrument proficiency
checks required by paragraphs (a) and (b) of this section consists of either an oral or written equipment test (or a combination) and a flight check under simulated or actual IFR conditions. The equipment test includes questions on emergency procedures, engine oper-ation, fuel and lubrication systems, power settings, stall speeds, best en-gine-out speed, propeller and super-charger operations, and hydraulic, me-chanical, and electrical systems, as ap-propriate. The flight check includes navigation by instruments, recovery from simulated emergencies, and standard instrument approaches in-volving navigational facilities which that pilot is to be authorized to use.
(e) Each pilot taking the instrument
proficiency check must show that standard of competence required by §91.1065(d).
(1) The instrument proficiency check
must—
(i) For a pilot in command of an air-
craft requiring that the PIC hold an airline transport pilot certificate, in-clude the procedures and maneuvers for an airline transport pilot certificate in the particular type of aircraft, if appro-priate; and
(ii) For a pilot in command of a
rotorcraft or a second in command of
811 Federal Aviation Administration, DOT § 91.1073
any aircraft requiring that the SIC
hold a commercial pilot certificate in-clude the procedures and maneuvers for a commercial pilot certificate with an instrument rating and, if required, for the appropriate type rating.
(2) The instrument proficiency check
must be given by an authorized check pilot or by the Administrator.
(f) If the pilot is assigned to pilot
only one type of aircraft, that pilot must take the instrument proficiency check required by paragraph (a) of this section in that type of aircraft.
(g) If the pilot in command is as-
signed to pilot more than one type of aircraft, that pilot must take the in-strument proficiency check required by paragraph (a) of this section in each type of aircraft to which that pilot is assigned, in rotation, but not more than one flight check during each pe-riod described in paragraph (a) of this section.
(h) If the pilot in command is as-
signed to pilot both single-engine and multiengine aircraft, that pilot must initially take the instrument pro-ficiency check required by paragraph (a) of this section in a multiengine air-craft, and each succeeding check alter-nately in single-engine and multien-gine aircraft, but not more than one flight check during each period de-scribed in paragraph (a) of this section.
(i) All or portions of a required flight
check may be given in an aircraft sim-ulator or other appropriate training de-vice, if approved by the Administrator.
§ 91.1071 Crewmember: Tests and
checks, grace provisions, training to accepted standards.
(a) If a crewmember who is required
to take a test or a flight check under this subpart, completes the test or flight check in the month before or after the month in which it is required, that crewmember is considered to have completed the test or check in the month in which it is required.
(b) If a pilot being checked under this
subpart fails any of the required ma-neuvers, the person giving the check may give additional training to the pilot during the course of the check. In addition to repeating the maneuvers failed, the person giving the check may require the pilot being checked to re-peat any other maneuvers that are nec-
essary to determine the pilot’s pro-ficiency. If the pilot being checked is unable to demonstrate satisfactory performance to the person conducting the check, the program manager may not use the pilot, nor may the pilot serve, as a flight crewmember in oper-ations under this subpart until the pilot has satisfactorily completed the check. If a pilot who demonstrates un-satisfactory performance is employed as a pilot for a certificate holder oper-ating under part 121, 125, or 135 of this chapter, he or she must notify that cer-tificate holder of the unsatisfactory performance.
§ 91.1073 Training program: General.
(a) Each program manager must have
a training program and must:
(1) Establish, obtain the appropriate
initial and final approval of, and pro-vide a training program that meets this subpart and that ensures that each crewmember, including each flight at-tendant if the program manager uses a flight attendant crewmember, flight instructor, check pilot, and each per-son assigned duties for the carriage and handling of hazardous materials (as de-fined in 49 CFR 171.8) is adequately trained to perform these assigned du-ties.
(2) Provide adequate ground and
flight training facilities and properly qualified ground instructors for the training required by this subpart.
(3) Provide and keep current for each
aircraft type used and, if applicable, the particular variations within the aircraft type, appropriate training ma-terial, examinations, forms, instruc-tions, and procedures for use in con-ducting the training and checks re-quired by this subpart.
(4) Provide enough flight instructors,
check pilots, and simulator instructors to conduct required flight training and flight checks, and simulator training courses allowed under this subpart.
(b) Whenever a crewmember who is
required to take recurrent training under this subpart completes the train-ing in the month before, or the month after, the month in which that training is required, the crewmember is consid-ered to have completed it in the month in which it was required.
812 14 CFR Ch. I (1–1–25 Edition) § 91.1075
(c) Each instructor, supervisor, or
check pilot who is responsible for a particular ground training subject, seg-ment of flight training, course of train-ing, flight check, or competence check under this subpart must certify as to the proficiency and knowledge of the crewmember, flight instructor, or check pilot concerned upon completion of that training or check. That certifi-cation must be made a part of the crewmember’s record. When the certifi-cation required by this paragraph is made by an entry in a computerized recordkeeping system, the certifying instructor, supervisor, or check pilot, must be identified with that entry. However, the signature of the certi-fying instructor, supervisor, or check pilot is not required for computerized entries.
(d) Training subjects that apply to
more than one aircraft or crewmember position and that have been satisfac-torily completed during previous train-ing while employed by the program manager for another aircraft or an-other crewmember position, need not be repeated during subsequent training other than recurrent training.
(e) Aircraft simulators and other
training devices may be used in the program manager’s training program if approved by the Administrator.
(f) Each program manager is respon-
sible for establishing safe and efficient crew management practices for all phases of flight in program operations including crew resource management training for all crewmembers used in program operations.
(g) If an aircraft simulator has been
approved by the Administrator for use in the program manager’s training pro-gram, the program manager must en-sure that each pilot annually com-pletes at least one flight training ses-sion in an approved simulator for at least one program aircraft. The train-ing session may be the flight training portion of any of the pilot training or check requirements of this subpart, in-cluding the initial, transition, upgrade, requalification, differences, or recur-rent training, or the accomplishment of a competency check or instrument proficiency check. If there is no ap-proved simulator for that aircraft type in operation, then all flight training and checking must be accomplished in
the aircraft.
§ 91.1075 Training program: Special
rules.
Other than the program manager,
only the following are eligible under this subpart to conduct training, test-ing, and checking under contract or other arrangement to those persons subject to the requirements of this sub-part.
(a) Another program manager oper-
ating under this subpart:
(b) A training center certificated
under part 142 of this chapter to con-duct training, testing, and checking re-quired by this subpart if the training center—
(1) Holds applicable training speci-
fications issued under part 142 of this chapter;
(2) Has facilities, training equipment,
and courseware meeting the applicable requirements of part 142 of this chap-ter;
(3) Has approved curriculums, cur-
riculum segments, and portions of cur-riculum segments applicable for use in training courses required by this sub-part; and
(4) Has sufficient instructors and
check pilots qualified under the appli-cable requirements of §§91.1089 through 91.1095 to conduct training, testing, and checking to persons subject to the re-quirements of this subpart.
(c) A part 119 certificate holder oper-
ating under part 121 or part 135 of this chapter.
(d) As authorized by the Adminis-
trator, a training center that is not certificated under part 142 of this chap-ter.
§ 91.1077 Training program and revi-
sion: Initial and final approval.
(a) To obtain initial and final ap-
proval of a training program, or a revi-sion to an approved training program,
each program manager must submit to the Administrator—
(1) An outline of the proposed or re-
vised curriculum, that provides enough information for a preliminary evalua-tion of the proposed training program or revision; and
813 Federal Aviation Administration, DOT § 91.1081
(2) Additional relevant information
that may be requested by the Adminis-trator.
(b) If the proposed training program
or revision complies with this subpart, the Administrator grants initial ap-proval in writing after which the pro-gram manager may conduct the train-ing under that program. The Adminis-trator then evaluates the effectiveness of the training program and advises the program manager of deficiencies, if any, that must be corrected.
(c) The Administrator grants final
approval of the proposed training pro-gram or revision if the program man-ager shows that the training conducted under the initial approval in paragraph (b) of this section ensures that each person who successfully completes the training is adequately trained to per-form that person’s assigned duties.
(d) Whenever the Administrator finds
that revisions are necessary for the continued adequacy of a training pro-gram that has been granted final ap-proval, the program manager must, after notification by the Adminis-trator, make any changes in the pro-gram that are found necessary by the Administrator. Within 30 days after the program manager receives the notice, it may file a petition to reconsider the notice with the Administrator. The fil-ing of a petition to reconsider stays the notice pending a decision by the Ad-ministrator. However, if the Adminis-trator finds that there is an emergency
that requires immediate action in the interest of safety, the Administrator may, upon a statement of the reasons, require a change effective without stay.
§ 91.1079 Training program: Cur-
riculum.
(a) Each program manager must pre-
pare and keep current a written train-ing program curriculum for each type of aircraft for each crewmember re-quired for that type aircraft. The cur-riculum must include ground and flight training required by this subpart.
(b) Each training program cur-
riculum must include the following:
(1) A list of principal ground training
subjects, including emergency training subjects, that are provided. (2) A list of all the training devices,
mock-ups, systems trainers, procedures trainers, or other training aids that the program manager will use.
(3) Detailed descriptions or pictorial
displays of the approved normal, abnor-mal, and emergency maneuvers, proce-dures and functions that will be per-formed during each flight training phase or flight check, indicating those maneuvers, procedures and functions that are to be performed during the inflight portions of flight training and flight checks.
§ 91.1081 Crewmember training re-
quirements.
(a) Each program manager must in-
clude in its training program the fol-lowing initial and transition ground training as appropriate to the par-ticular assignment of the crewmember:
(1) Basic indoctrination ground train-
ing for newly hired crewmembers in-cluding instruction in at least the—
(i) Duties and responsibilities of
crewmembers as applicable;
(ii) Appropriate provisions of this
chapter;
(iii) Contents of the program man-
ager’s management specifications (not required for flight attendants); and
(iv) Appropriate portions of the pro-
gram manager’s operating manual.
(2) The initial and transition ground
training in §§91.1101 and 91.1105, as ap-plicable.
(3) Emergency training in §91.1083. (b) Each training program must pro-
vide the initial and transition flight training in §91.1103, as applicable.
(c) Each training program must pro-
vide recurrent ground and flight train-ing as provided in §91.1107.
(d) Upgrade training in §§91.1101 and
91.1103 for a particular type aircraft may be included in the training pro-gram for crewmembers who have quali-fied and served as second in command on that aircraft.
(e) In addition to initial, transition,
upgrade and recurrent training, each training program must provide ground and flight training, instruction, and practice necessary to ensure that each crewmember—
(1) Remains adequately trained and
currently proficient for each aircraft,
814 14 CFR Ch. I (1–1–25 Edition) § 91.1083
crewmember position, and type of oper-
ation in which the crewmember serves; and
(2) Qualifies in new equipment, facili-
ties, procedures, and techniques, in-cluding modifications to aircraft.
§ 91.1083 Crewmember emergency
training.
(a) Each training program must pro-
vide emergency training under this sec-tion for each aircraft type, model, and configuration, each crewmember, and each kind of operation conducted, as appropriate for each crewmember and the program manager.
(b) Emergency training must provide
the following:
(1) Instruction in emergency assign-
ments and procedures, including co-ordination among crewmembers.
(2) Individual instruction in the loca-
tion, function, and operation of emer-gency equipment including—
(i) Equipment used in ditching and
evacuation;
(ii) First aid equipment and its prop-
er use; and
(iii) Portable fire extinguishers, with
emphasis on the type of extinguisher to be used on different classes of fires.
(3) Instruction in the handling of
emergency situations including—
(i) Rapid decompression; (ii) Fire in flight or on the surface
and smoke control procedures with em-phasis on electrical equipment and re-lated circuit breakers found in cabin areas;
(iii) Ditching and evacuation; (iv) Illness, injury, or other abnormal
situations involving passengers or crewmembers; and
(v) Hijacking and other unusual situ-
ations.
(4) Review and discussion of previous
aircraft accidents and incidents involv-ing actual emergency situations.
(c) Each crewmember must perform
at least the following emergency drills, using the proper emergency equipment and procedures, unless the Adminis-trator finds that, for a particular drill, the crewmember can be adequately trained by demonstration:
(1) Ditching, if applicable. (2) Emergency evacuation. (3) Fire extinguishing and smoke con-
trol. (4) Operation and use of emergency
exits, including deployment and use of evacuation slides, if applicable.
(5) Use of crew and passenger oxygen. (6) Removal of life rafts from the air-
craft, inflation of the life rafts, use of lifelines, and boarding of passengers and crew, if applicable.
(7) Donning and inflation of life vests
and the use of other individual flota-tion devices, if applicable.
(d) Crewmembers who serve in oper-
ations above 25,000 feet must receive instruction in the following:
(1) Respiration. (2) Hypoxia. (3) Duration of consciousness without
supplemental oxygen at altitude.
(4) Gas expansion. (5) Gas bubble formation. (6) Physical phenomena and incidents
of decompression.
§ 91.1085 Hazardous materials recogni-
tion training.
No program manager may use any
person to perform, and no person may perform, any assigned duties and re-sponsibilities for the handling or car-riage of hazardous materials (as de-fined in 49 CFR 171.8), unless that per-son has received training in the rec-ognition of hazardous materials.
§ 91.1087 Approval of aircraft simula-
tors and other training devices.
(a) Training courses using aircraft
simulators and other training devices may be included in the program man-ager’s training program if approved by the Administrator.
(b) Each aircraft simulator and other
training device that is used in a train-ing course or in checks required under this subpart must meet the following requirements:
(1) It must be specifically approved
for—
(i) The program manager; and (ii) The particular maneuver, proce-
dure, or crewmember function in-volved.
(2) It must maintain the perform-
ance, functional, and other characteris-tics that are required for approval.
(3) Additionally, for aircraft simula-
tors, it must be—
815 Federal Aviation Administration, DOT § 91.1089
(i) Approved for the type aircraft
and, if applicable, the particular vari-ation within type for which the train-ing or check is being conducted; and
(ii) Modified to conform with any
modification to the aircraft being sim-ulated that changes the performance, functional, or other characteristics re-quired for approval.
(c) A particular aircraft simulator or
other training device may be used by
more than one program manager.
(d) In granting initial and final ap-
proval of training programs or revi-sions to them, the Administrator con-siders the training devices, methods, and procedures listed in the program manager’s curriculum under §91.1079.
§ 91.1089 Qualifications: Check pilots
(aircraft) and check pilots (simu-lator).
(a) For the purposes of this section
and §91.1093:
(1) A check pilot (aircraft) is a person
who is qualified to conduct flight checks in an aircraft, in a flight simu-lator, or in a flight training device for a particular type aircraft.
(2) A check pilot (simulator) is a per-
son who is qualified to conduct flight checks, but only in a flight simulator, in a flight training device, or both, for a particular type aircraft.
(3) Check pilots (aircraft) and check
pilots (simulator) are those check pi-lots who perform the functions de-scribed in §91.1073(a)(4) and (c).
(b) No program manager may use a
person, nor may any person serve as a check pilot (aircraft) in a training pro-gram established under this subpart unless, with respect to the aircraft type involved, that person—
(1) Holds the pilot certificates and
ratings required to serve as a pilot in command in operations under this sub-part;
(2) Has satisfactorily completed the
training phases for the aircraft, includ-ing recurrent training, that are re-quired to serve as a pilot in command in operations under this subpart;
(3) Has satisfactorily completed the
proficiency or competency checks that are required to serve as a pilot in com-mand in operations under this subpart; (4) Has satisfactorily completed the
applicable training requirements of §91.1093;
(5) Holds at least a Class III medical
certificate unless serving as a required crewmember, in which case holds a Class I or Class II medical certificate as appropriate; and
(6) Has been approved by the Admin-
istrator for the check pilot duties in-volved.
(c) No program manager may use a
person, nor may any person serve as a check pilot (simulator) in a training program established under this subpart unless, with respect to the aircraft type involved, that person meets the provisions of paragraph (b) of this sec-tion, or—
(1) Holds the applicable pilot certifi-
cates and ratings, except medical cer-tificate, required to serve as a pilot in command in operations under this sub-part;
(2) Has satisfactorily completed the
appropriate training phases for the air-craft, including recurrent training, that are required to serve as a pilot in command in operations under this sub-part;
(3) Has satisfactorily completed the
appropriate proficiency or competency checks that are required to serve as a pilot in command in operations under this subpart;
(4) Has satisfactorily completed the
applicable training requirements of §91.1093; and
(5) Has been approved by the Admin-
istrator for the check pilot (simulator) duties involved.
(d) Completion of the requirements
in paragraphs (b)(2), (3), and (4) or (c)(2), (3), and (4) of this section, as ap-plicable, must be entered in the indi-vidual’s training record maintained by the program manager.
(e) A check pilot who does not hold
an appropriate medical certificate may function as a check pilot (simulator), but may not serve as a flightcrew member in operations under this sub-part.
(f) A check pilot (simulator) must ac-
complish the following—
(1) Fly at least two flight segments
as a required crewmember for the type, class, or category aircraft involved within the 12-month period preceding
816 14 CFR Ch. I (1–1–25 Edition) § 91.1091
the performance of any check pilot
duty in a flight simulator; or
(2) Before performing any check pilot
duty in a flight simulator, satisfac-torily complete an approved line-obser-vation program within the period pre-scribed by that program.
(g) The flight segments or line-obser-
vation program required in paragraph (f) of this section are considered to be completed in the month required if completed in the month before or the month after the month in which they are due.
§ 91.1091 Qualifications: Flight instruc-
tors (aircraft) and flight instructors (simulator).
(a) For the purposes of this section
and §91.1095:
(1) A flight instructor (aircraft) is a
person who is qualified to instruct in an aircraft, in a flight simulator, or in a flight training device for a particular type, class, or category aircraft.
(2) A flight instructor (simulator) is a
person who is qualified to instruct in a flight simulator, in a flight training device, or in both, for a particular type, class, or category aircraft.
(3) Flight instructors (aircraft) and
flight instructors (simulator) are those instructors who perform the functions described in §91.1073(a)(4) and (c).
(b) No program manager may use a
person, nor may any person serve as a flight instructor (aircraft) in a training program established under this subpart unless, with respect to the type, class, or category aircraft involved, that per-son—
(1) Holds the pilot certificates and
ratings required to serve as a pilot in command in operations under this sub-part or part 121 or 135 of this chapter;
(2) Has satisfactorily completed the
training phases for the aircraft, includ-ing recurrent training, that are re-quired to serve as a pilot in command in operations under this subpart;
(3) Has satisfactorily completed the
proficiency or competency checks that are required to serve as a pilot in com-mand in operations under this subpart;
(4) Has satisfactorily completed the
applicable training requirements of §91.1095; and
(5) Holds at least a Class III medical
certificate. (c) No program manager may use a
person, nor may any person serve as a flight instructor (simulator) in a train-ing program established under this sub-part, unless, with respect to the type, class, or category aircraft involved, that person meets the provisions of paragraph (b) of this section, or—
(1) Holds the pilot certificates and
ratings, except medical certificate, re-quired to serve as a pilot in command in operations under this subpart or
part 121 or 135 of this chapter;
(2) Has satisfactorily completed the
appropriate training phases for the air-craft, including recurrent training, that are required to serve as a pilot in command in operations under this sub-part;
(3) Has satisfactorily completed the
appropriate proficiency or competency checks that are required to serve as a pilot in command in operations under this subpart; and
(4) Has satisfactorily completed the
applicable training requirements of §91.1095.
(d) Completion of the requirements
in paragraphs (b)(2), (3), and (4) or (c)(2), (3), and (4) of this section, as ap-plicable, must be entered in the indi-vidual’s training record maintained by the program manager.
(e) A pilot who does not hold a med-
ical certificate may function as a flight instructor in an aircraft if functioning as a non-required crewmember, but may not serve as a flightcrew member in operations under this subpart.
(f) A flight instructor (simulator)
must accomplish the following—
(1) Fly at least two flight segments
as a required crewmember for the type, class, or category aircraft involved within the 12-month period preceding the performance of any flight instruc-tor duty in a flight simulator; or
(2) Satisfactorily complete an ap-
proved line-observation program with-in the period prescribed by that pro-gram preceding the performance of any flight instructor duty in a flight simu-lator.
(g) The flight segments or line-obser-
vation program required in paragraph (f) of this section are considered com-pleted in the month required if com-pleted in the month before, or in the
817 Federal Aviation Administration, DOT § 91.1095
month after, the month in which they
are due.
[Docket FAA–2001–10047, 68 FR 54561, Sept. 17,
2003, as amended by Amdt. 91–322, 76 FR 31823, June 2, 2011]
§ 91.1093 Initial and transition train-
ing and checking: Check pilots (air-craft), check pilots (simulator).
(a) No program manager may use a
person nor may any person serve as a check pilot unless—
(1) That person has satisfactorily
completed initial or transition check pilot training; and
(2) Within the preceding 24 months,
that person satisfactorily conducts a proficiency or competency check under the observation of an FAA inspector or an aircrew designated examiner em-ployed by the program manager. The observation check may be accom-plished in part or in full in an aircraft, in a flight simulator, or in a flight training device.
(b) The observation check required
by paragraph (a)(2) of this section is considered to have been completed in the month required if completed in the month before or the month after the month in which it is due.
(c) The initial ground training for
check pilots must include the fol-lowing:
(1) Check pilot duties, functions, and
responsibilities.
(2) The applicable provisions of the
Code of Federal Regulations and the program manager’s policies and proce-dures.
(3) The applicable methods, proce-
dures, and techniques for conducting the required checks.
(4) Proper evaluation of student per-
formance including the detection of—
(i) Improper and insufficient train-
ing; and
(ii) Personal characteristics of an ap-
plicant that could adversely affect safety.
(5) The corrective action in the case
of unsatisfactory checks.
(6) The approved methods, proce-
dures, and limitations for performing the required normal, abnormal, and emergency procedures in the aircraft.
(d) The transition ground training for
a check pilot must include the ap-proved methods, procedures, and limi-tations for performing the required
normal, abnormal, and emergency pro-cedures applicable to the aircraft to which the check pilot is in transition.
(e) The initial and transition flight
training for a check pilot (aircraft) must include the following—
(1) The safety measures for emer-
gency situations that are likely to de-velop during a check;
(2) The potential results of improper,
untimely, or nonexecution of safety measures during a check;
(3) Training and practice in con-
ducting flight checks from the left and right pilot seats in the required nor-mal, abnormal, and emergency proce-dures to ensure competence to conduct the pilot flight checks required by this subpart; and
(4) The safety measures to be taken
from either pilot seat for emergency situations that are likely to develop during checking.
(f) The requirements of paragraph (e)
of this section may be accomplished in full or in part in flight, in a flight sim-ulator, or in a flight training device, as appropriate.
(g) The initial and transition flight
training for a check pilot (simulator) must include the following:
(1) Training and practice in con-
ducting flight checks in the required normal, abnormal, and emergency pro-cedures to ensure competence to con-duct the flight checks required by this subpart. This training and practice must be accomplished in a flight simu-lator or in a flight training device.
(2) Training in the operation of flight
simulators, flight training devices, or both, to ensure competence to conduct the flight checks required by this sub-part.
§ 91.1095 Initial and transition train-
ing and checking: Flight instructors (aircraft), flight instructors (simu-lator).
(a) No program manager may use a
person nor may any person serve as a flight instructor unless—
(1) That person has satisfactorily
completed initial or transition flight instructor training; and
(2) Within the preceding 24 months,
that person satisfactorily conducts in-struction under the observation of an
FAA inspector, a program manager
818 14 CFR Ch. I (1–1–25 Edition) § 91.1097
check pilot, or an aircrew designated
examiner employed by the program manager. The observation check may be accomplished in part or in full in an aircraft, in a flight simulator, or in a flight training device.
(b) The observation check required
by paragraph (a)(2) of this section is considered to have been completed in the month required if completed in the month before, or the month after, the month in which it is due.
(c) The initial ground training for
flight instructors must include the fol-lowing:
(1) Flight instructor duties, func-
tions, and responsibilities.
(2) The applicable Code of Federal
Regulations and the program man-ager’s policies and procedures.
(3) The applicable methods, proce-
dures, and techniques for conducting flight instruction.
(4) Proper evaluation of student per-
formance including the detection of—
(i) Improper and insufficient train-
ing; and
(ii) Personal characteristics of an ap-
plicant that could adversely affect safety.
(5) The corrective action in the case
of unsatisfactory training progress.
(6) The approved methods, proce-
dures, and limitations for performing the required normal, abnormal, and emergency procedures in the aircraft.
(7) Except for holders of a flight in-
structor certificate—
(i) The fundamental principles of the
teaching-learning process;
(ii) Teaching methods and proce-
dures; and
(iii) The instructor-student relation-
ship.
(d) The transition ground training for
flight instructors must include the ap-proved methods, procedures, and limi-tations for performing the required normal, abnormal, and emergency pro-cedures applicable to the type, class, or category aircraft to which the flight instructor is in transition.
(e) The initial and transition flight
training for flight instructors (aircraft) must include the following—
(1) The safety measures for emer-
gency situations that are likely to de-velop during instruction; (2) The potential results of improper
or untimely safety measures during in-struction;
(3) Training and practice from the
left and right pilot seats in the re-quired normal, abnormal, and emer-gency maneuvers to ensure competence to conduct the flight instruction re-quired by this subpart; and
(4) The safety measures to be taken
from either the left or right pilot seat for emergency situations that are like-ly to develop during instruction.
(f) The requirements of paragraph (e)
of this section may be accomplished in full or in part in flight, in a flight sim-ulator, or in a flight training device, as appropriate.
(g) The initial and transition flight
training for a flight instructor (simu-lator) must include the following:
(1) Training and practice in the re-
quired normal, abnormal, and emer-gency procedures to ensure competence to conduct the flight instruction re-quired by this subpart. These maneu-vers and procedures must be accom-plished in full or in part in a flight sim-ulator or in a flight training device.
(2) Training in the operation of flight
simulators, flight training devices, or both, to ensure competence to conduct the flight instruction required by this subpart.
§ 91.1097 Pilot and flight attendant
crewmember training programs.
(a) Each program manager must es-
tablish and maintain an approved pilot training program, and each program manager who uses a flight attendant crewmember must establish and main-tain an approved flight attendant training program, that is appropriate to the operations to which each pilot and flight attendant is to be assigned, and will ensure that they are ade-quately trained to meet the applicable knowledge and practical testing re-quirements of §§91.1065 through 91.1071.
(b) Each program manager required
to have a training program by para-graph (a) of this section must include in that program ground and flight training curriculums for—
(1) Initial training; (2) Transition training; (3) Upgrade training; (4) Differences training;
819 Federal Aviation Administration, DOT § 91.1101
(5) Recurrent training; and
(6) Requalification training. (c) Each program manager must pro-
vide current and appropriate study ma-terials for use by each required pilot and flight attendant.
(d) The program manager must fur-
nish copies of the pilot and flight at-tendant crewmember training program, and all changes and additions, to the assigned representative of the Admin-istrator. If the program manager uses training facilities of other persons, a copy of those training programs or ap-propriate portions used for those facili-ties must also be furnished. Curricula that follow FAA published curricula may be cited by reference in the copy of the training program furnished to the representative of the Adminis-trator and need not be furnished with the program.
§ 91.1099 Crewmember initial and re-
current training requirements.
No program manager may use a per-
son, nor may any person serve, as a crewmember in operations under this subpart unless that crewmember has completed the appropriate initial or re-current training phase of the training program appropriate to the type of op-eration in which the crewmember is to serve since the beginning of the 12th month before that service.
§ 91.1101 Pilots: Initial, transition, and
upgrade ground training.
Initial, transition, and upgrade
ground training for pilots must include instruction in at least the following, as applicable to their duties:
(a) General subjects— (1) The program manager’s flight lo-
cating procedures;
(2) Principles and methods for deter-
mining weight and balance, and run-way limitations for takeoff and land-ing;
(3) Enough meteorology to ensure a
practical knowledge of weather phe-nomena, including the principles of frontal systems, icing, fog, thunder-storms, windshear and, if appropriate, high altitude weather situations;
(4) Air traffic control systems, proce-
dures, and phraseology; (5) Navigation and the use of naviga-
tional aids, including instrument ap-proach procedures;
(6) Normal and emergency commu-
nication procedures;
(7) Visual cues before and during de-
scent below Decision Altitude or MDA; and
(8) Other instructions necessary to
ensure the pilot’s competence.
(b) For each aircraft type— (1) A general description; (2) Performance characteristics; (3) Engines and propellers; (4) Major components; (5) Major aircraft systems (that is,
flight controls, electrical, and hydrau-lic), other systems, as appropriate, principles of normal, abnormal, and emergency operations, appropriate pro-cedures and limitations;
(6) Knowledge and procedures for— (i) Recognizing and avoiding severe
weather situations;
(ii) Escaping from severe weather sit-
uations, in case of inadvertent encoun-ters, including low-altitude windshear (except that rotorcraft pilots are not required to be trained in escaping from low-altitude windshear);
(iii) Operating in or near thunder-
storms (including best penetration al-titudes), turbulent air (including clear air turbulence), inflight icing, hail, and other potentially hazardous meteoro-logical conditions; and
(iv) Operating airplanes during
ground icing conditions, (that is, any time conditions are such that frost, ice, or snow may reasonably be ex-pected to adhere to the aircraft), if the program manager expects to authorize takeoffs in ground icing conditions, in-cluding:
(A) The use of holdover times when
using deicing/anti-icing fluids;
(B) Airplane deicing/anti-icing proce-
dures, including inspection and check procedures and responsibilities;
(C) Communications; (D) Airplane surface contamination
(that is, adherence of frost, ice, or snow) and critical area identification, and knowledge of how contamination adversely affects airplane performance and flight characteristics;
(E) Types and characteristics of deic-
ing/anti-icing fluids, if used by the pro-gram manager;
820 14 CFR Ch. I (1–1–25 Edition) § 91.1103
(F) Cold weather preflight inspection
procedures;
(G) Techniques for recognizing con-
tamination on the airplane;
(7) Operating limitations; (8) Fuel consumption and cruise con-
trol;
(9) Flight planning; (10) Each normal and emergency pro-
cedure; and
(11) The approved Aircraft Flight
Manual or equivalent.
§ 91.1103 Pilots: Initial, transition, up-
grade, requalification, and dif-ferences flight training.
(a) Initial, transition, upgrade, re-
qualification, and differences training for pilots must include flight and prac-tice in each of the maneuvers and pro-cedures contained in each of the cur-riculums that are a part of the ap-proved training program.
(b) The maneuvers and procedures re-
quired by paragraph (a) of this section must be performed in flight, except to the extent that certain maneuvers and procedures may be performed in an air-craft simulator, or an appropriate training device, as allowed by this sub-part.
(c) If the program manager’s ap-
proved training program includes a course of training using an aircraft simulator or other training device, each pilot must successfully com-plete—
(1) Training and practice in the simu-
lator or training device in at least the maneuvers and procedures in this sub-part that are capable of being per-formed in the aircraft simulator or training device; and
(2) A flight check in the aircraft or a
check in the simulator or training de-vice to the level of proficiency of a pilot in command or second in com-mand, as applicable, in at least the ma-neuvers and procedures that are capa-ble of being performed in an aircraft simulator or training device.
§ 91.1105 Flight attendants: Initial and
transition ground training.
Initial and transition ground train-
ing for flight attendants must include instruction in at least the following—
(a) General subjects— (1) The authority of the pilot in com-
mand; and
(2) Passenger handling, including pro-
cedures to be followed in handling de-ranged persons or other persons whose conduct might jeopardize safety.
(b) For each aircraft type— (1) A general description of the air-
craft emphasizing physical characteris-tics that may have a bearing on ditch-ing, evacuation, and inflight emer-gency procedures and on other related duties;
(2) The use of both the public address
system and the means of commu-nicating with other flight crew-members, including emergency means in the case of attempted hijacking or other unusual situations; and
(3) Proper use of electrical galley
equipment and the controls for cabin heat and ventilation.
§ 91.1107 Recurrent training.
(a) Each program manager must en-
sure that each crewmember receives recurrent training and is adequately trained and currently proficient for the type aircraft and crewmember position involved.
(b) Recurrent ground training for
crewmembers must include at least the following:
(1) A quiz or other review to deter-
mine the crewmember’s knowledge of the aircraft and crewmember position involved.
(2) Instruction as necessary in the
subjects required for initial ground training by this subpart, as appro-priate, including low-altitude windshear training and training on op-erating during ground icing conditions, as prescribed in §91.1097 and described in §91.1101, and emergency training.
(c) Recurrent flight training for pi-
lots must include, at least, flight train-ing in the maneuvers or procedures in this subpart, except that satisfactory completion of the check required by §91.1065 within the preceding 12 months may be substituted for recurrent flight training.
§ 91.1109 Aircraft maintenance: Inspec-
tion program.
Each program manager must estab-
lish an aircraft inspection program for each make and model program aircraft
821 Federal Aviation Administration, DOT § 91.1115
and ensure each aircraft is inspected in
accordance with that inspection pro-gram.
(a) The inspection program must be
in writing and include at least the fol-lowing information:
(1) Instructions and procedures for
the conduct of inspections for the par-ticular make and model aircraft, in-cluding necessary tests and checks. The instructions and procedures must set forth in detail the parts and areas of the airframe, engines, propellers, ro-tors, and appliances, including survival and emergency equipment required to be inspected.
(2) A schedule for performing the in-
spections that must be accomplished under the inspection program ex-pressed in terms of the time in service, calendar time, number of system oper-ations, or any combination thereof.
(3) The name and address of the per-
son responsible for scheduling the in-spections required by the inspection program. A copy of the inspection pro-gram must be made available to the person performing inspections on the aircraft and, upon request, to the Ad-ministrator.
(b) Each person desiring to establish
or change an approved inspection pro-
gram under this section must submit the inspection program for approval to the Flight Standards office that issued the program manager’s management specifications. The inspection program must be derived from one of the fol-lowing programs:
(1) An inspection program currently
recommended by the manufacturer of the aircraft, aircraft engines, propel-lers, appliances, and survival and emer-gency equipment;
(2) An inspection program that is
part of a continuous airworthiness maintenance program currently in use by a person holding an air carrier or operating certificate issued under part 119 of this chapter and operating that make and model aircraft under part 121 or 135 of this chapter;
(3) An aircraft inspection program
approved under §135.419 of this chapter and currently in use under part 135 of this chapter by a person holding a cer-tificate issued under part 119 of this chapter; or (4) An airplane inspection program
approved under §125.247 of this chapter and currently in use under part 125 of this chapter.
(5) An inspection program that is
part of the program manager’s contin-uous airworthiness maintenance pro-gram under §§91.1411 through 91.1443.
(c) The Administrator may require
revision of the inspection program ap-proved under this section in accordance with the provisions of §91.415.
[Docket FAA–2001–10047, 68 FR 54561, Sept. 17,
2003, as amended by Docket FAA–2018–0119, Amdt. 91–350, 83 FR 9171, Mar. 5, 2018]
§ 91.1111 Maintenance training.
The program manager must ensure
that all employees who are responsible for maintenance related to program aircraft undergo appropriate initial and annual recurrent training and are competent to perform those duties.
§ 91.1113 Maintenance recordkeeping.
Each fractional ownership program
manager must keep (using the system specified in the manual required in §91.1025) the records specified in §91.417(a) for the periods specified in §91.417(b).
§ 91.1115 Inoperable instruments and
equipment.
(a) No person may take off an air-
craft with inoperable instruments or equipment installed unless the fol-lowing conditions are met:
(1) An approved Minimum Equipment
List exists for that aircraft.
(2) The program manager has been
issued management specifications au-thorizing operations in accordance with an approved Minimum Equipment List. The flight crew must have direct access at all times prior to flight to all of the information contained in the ap-proved Minimum Equipment List through printed or other means ap-proved by the Administrator in the program manager’s management speci-fications. An approved Minimum Equipment List, as authorized by the management specifications, con-stitutes an approved change to the type design without requiring recertifi-cation.
(3) The approved Minimum Equip-
ment List must:
822 14 CFR Ch. I (1–1–25 Edition) § 91.1411
(i) Be prepared in accordance with
the limitations specified in paragraph (b) of this section.
(ii) Provide for the operation of the
aircraft with certain instruments and equipment in an inoperable condition.
(4) Records identifying the inoperable
instruments and equipment and the in-formation required by (a)(3)(ii) of this section must be available to the pilot.
(5) The aircraft is operated under all
applicable conditions and limitations contained in the Minimum Equipment List and the management specifica-tions authorizing use of the Minimum Equipment List.
(b) The following instruments and
equipment may not be included in the Minimum Equipment List:
(1) Instruments and equipment that
are either specifically or otherwise re-quired by the airworthiness require-ments under which the airplane is type certificated and that are essential for safe operations under all operating conditions.
(2) Instruments and equipment re-
quired by an airworthiness directive to be in operable condition unless the air-worthiness directive provides other-wise.
(3) Instruments and equipment re-
quired for specific operations by this part.
(c) Notwithstanding paragraphs (b)(1)
and (b)(3) of this section, an aircraft with inoperable instruments or equip-ment may be operated under a special flight permit under §§21.197 and 21.199 of this chapter.
(d) A person authorized to use an ap-
proved Minimum Equipment List issued for a specific aircraft under part 121, 125, or 135 of this chapter must use that Minimum Equipment List to com-ply with this section.
EFFECTIVE DATE NOTE: Amendments to
§91.1115 were published by Docket FAA–2023– 1275, Amdt. 60–8, 89 FR 92486, Nov. 21, 2024, ef-fective Jan. 21, 2025.
§ 91.1411 Continuous airworthiness
maintenance program use by frac-tional ownership program manager.
Fractional ownership program air-
craft may be maintained under a con-tinuous airworthiness maintenance program (CAMP) under §§91.1413 through 91.1443. Any program manager who elects to maintain the program
aircraft using a continuous airworthi-ness maintenance program must com-ply with §§91.1413 through 91.1443.
§ 91.1413 CAMP: Responsibility for air-
worthiness.
(a) For aircraft maintained in ac-
cordance with a Continuous Airworthi-ness Maintenance Program, each pro-gram manager is primarily responsible for the following:
(1) Maintaining the airworthiness of
the program aircraft, including air-frames, aircraft engines, propellers, ro-tors, appliances, and parts.
(2) Maintaining its aircraft in accord-
ance with the requirements of this chapter.
(3) Repairing defects that occur be-
tween regularly scheduled mainte-nance required under part 43 of this chapter.
(b) Each program manager who main-
tains program aircraft under a CAMP must—
(1) Employ a Director of Maintenance
or equivalent position. The Director of Maintenance must be a certificated mechanic with airframe and power-plant ratings who has responsibility for the maintenance program on all pro-gram aircraft maintained under a con-tinuous airworthiness maintenance program. This person cannot also act as Chief Inspector.
(2) Employ a Chief Inspector or
equivalent position. The Chief Inspec-tor must be a certificated mechanic with airframe and powerplant ratings who has overall responsibility for in-spection aspects of the CAMP. This person cannot also act as Director of Maintenance.
(3) Have the personnel to perform the
maintenance of program aircraft, in-cluding airframes, aircraft engines, propellers, rotors, appliances, emer-gency equipment and parts, under its manual and this chapter; or make ar-rangements with another person for the performance of maintenance. How-ever, the program manager must en-sure that any maintenance, preventive maintenance, or alteration that is per-formed by another person is performed under the program manager’s oper-ating manual and this chapter.
823 Federal Aviation Administration, DOT § 91.1415
§ 91.1415 CAMP: Mechanical reliability
reports.
(a) Each program manager who main-
tains program aircraft under a CAMP must report the occurrence or detec-tion of each failure, malfunction, or de-fect in an aircraft concerning—
(1) Fires during flight and whether
the related fire-warning system func-tioned properly;
(2) Fires during flight not protected
by related fire-warning system;
(3) False fire-warning during flight; (4) An exhaust system that causes
damage during flight to the engine, ad-jacent structure, equipment, or compo-nents;
(5) An aircraft component that
causes accumulation or circulation of smoke, vapor, or toxic or noxious fumes in the crew compartment or pas-senger cabin during flight;
(6) Engine shutdown during flight be-
cause of flameout;
(7) Engine shutdown during flight
when external damage to the engine or aircraft structure occurs;
(8) Engine shutdown during flight be-
cause of foreign object ingestion or icing;
(9) Shutdown of more than one en-
gine during flight;
(10) A propeller feathering system or
ability of the system to control over-speed during flight;
(11) A fuel or fuel-dumping system
that affects fuel flow or causes haz-ardous leakage during flight;
(12) An unwanted landing gear exten-
sion or retraction or opening or closing of landing gear doors during flight;
(13) Brake system components that
result in loss of brake actuating force when the aircraft is in motion on the ground;
(14) Aircraft structure that requires
major repair;
(15) Cracks, permanent deformation,
or corrosion of aircraft structures, if more than the maximum acceptable to the manufacturer or the FAA; and
(16) Aircraft components or systems
that result in taking emergency ac-tions during flight (except action to shut down an engine).
(b) For the purpose of this section,
during flight means the period from the
moment the aircraft leaves the surface of the earth on takeoff until it touches
down on landing.
(c) In addition to the reports required
by paragraph (a) of this section, each program manager must report any other failure, malfunction, or defect in an aircraft that occurs or is detected at any time if, in the manager’s opinion, the failure, malfunction, or defect has endangered or may endanger the safe operation of the aircraft.
(d) Each program manager must send
each report required by this section, in writing, covering each 24-hour period beginning at 0900 hours local time of each day and ending at 0900 hours local time on the next day to the Flight Standards office that issued the pro-gram manager’s management specifica-tions. Each report of occurrences dur-ing a 24-hour period must be mailed or transmitted to that office within the next 72 hours. However, a report that is due on Saturday or Sunday may be mailed or transmitted on the following Monday and one that is due on a holi-day may be mailed or transmitted on the next workday. For aircraft oper-ated in areas where mail is not col-lected, reports may be mailed or trans-mitted within 72 hours after the air-craft returns to a point where the mail is collected.
(e) The program manager must trans-
mit the reports required by this section on a form and in a manner prescribed by the Administrator, and must in-clude as much of the following as is available:
(1) The type and identification num-
ber of the aircraft.
(2) The name of the program man-
ager.
(3) The date. (4) The nature of the failure, mal-
function, or defect.
(5) Identification of the part and sys-
tem involved, including available infor-mation pertaining to type designation of the major component and time since last overhaul, if known.
(6) Apparent cause of the failure,
malfunction or defect (for example, wear, crack, design deficiency, or per-sonnel error).
(7) Other pertinent information nec-
essary for more complete identifica-tion, determination of seriousness, or corrective action.
824 14 CFR Ch. I (1–1–25 Edition) § 91.1417
(f) A program manager that is also
the holder of a type certificate (includ-ing a supplemental type certificate), a Parts Manufacturer Approval, or a Technical Standard Order Authoriza-tion, or that is the licensee of a type certificate need not report a failure, malfunction, or defect under this sec-tion if the failure, malfunction, or de-fect has been reported by it under §21.3 of this chapter or under the accident reporting provisions of part 830 of the regulations of the National Transpor-tation Safety Board.
(g) No person may withhold a report
required by this section even when not all information required by this section is available.
(h) When the program manager re-
ceives additional information, includ-ing information from the manufacturer or other agency, concerning a report required by this section, the program manager must expeditiously submit it as a supplement to the first report and reference the date and place of submis-sion of the first report.
[Docket FAA–2001–10047, 68 FR 54561, Sept. 17,
2003, as amended by Docket FAA–2018–0119, Amdt. 91–350, 83 FR 9171, Mar. 5, 2018]
§ 91.1417 CAMP: Mechanical interrup-
tion summary report.
Each program manager who main-
tains program aircraft under a CAMP must mail or deliver, before the end of the 10th day of the following month, a summary report of the following occur-rences in multiengine aircraft for the preceding month to the Flight Stand-ards office that issued the management specifications:
(a) Each interruption to a flight, un-
scheduled change of aircraft en route, or unscheduled stop or diversion from a route, caused by known or suspected mechanical difficulties or malfunctions that are not required to be reported under §91.1415.
(b) The number of propeller
featherings in flight, listed by type of propeller and engine and aircraft on which it was installed. Propeller featherings for training, demonstra-tion, or flight check purposes need not be reported.
[Docket FAA–2001–10047, 68 FR 54561, Sept. 17,
2003, as amended by Docket FAA–2018–0119, Amdt. 91–350, 83 FR 9171, Mar. 5, 2018] § 91.1423 CAMP: Maintenance organi-
zation.
(a) Each program manager who main-
tains program aircraft under a CAMP that has its personnel perform any of its maintenance (other than required
inspections), preventive maintenance, or alterations, and each person with whom it arranges for the performance of that work, must have an organiza-tion adequate to perform the work.
(b) Each program manager who has
personnel perform any inspections re-quired by the program manager’s man-ual under §91.1427(b) (2) or (3), (in this subpart referred to as required inspec-tions), and each person with whom the program manager arranges for the per-formance of that work, must have an organization adequate to perform that work.
(c) Each person performing required
inspections in addition to other main-tenance, preventive maintenance, or alterations, must organize the perform-ance of those functions so as to sepa-rate the required inspection functions from the other maintenance, preven-tive maintenance, or alteration func-tions. The separation must be below the level of administrative control at which overall responsibility for the re-quired inspection functions and other maintenance, preventive maintenance, or alterations is exercised.
§ 91.1425 CAMP: Maintenance, preven-
tive maintenance, and alteration programs.
Each program manager who main-
tains program aircraft under a CAMP must have an inspection program and a program covering other maintenance, preventive maintenance, or alterations that ensures that—
(a) Maintenance, preventive mainte-
nance, or alterations performed by its personnel, or by other persons, are per-formed under the program manager’s manual;
(b) Competent personnel and ade-
quate facilities and equipment are pro-vided for the proper performance of maintenance, preventive maintenance, or alterations; and
(c) Each aircraft released to service
is airworthy and has been properly maintained for operation under this part.
825 Federal Aviation Administration, DOT § 91.1429
§ 91.1427 CAMP: Manual requirements.
(a) Each program manager who main-
tains program aircraft under a CAMP must put in the operating manual the chart or description of the program manager’s organization required by §91.1423 and a list of persons with whom it has arranged for the perform-ance of any of its required inspections, and other maintenance, preventive maintenance, or alterations, including a general description of that work.
(b) Each program manager must put
in the operating manual the programs required by §91.1425 that must be fol-lowed in performing maintenance, pre-ventive maintenance, or alterations of that program manager’s aircraft, in-cluding airframes, aircraft engines, propellers, rotors, appliances, emer-gency equipment, and parts, and must include at least the following:
(1) The method of performing routine
and nonroutine maintenance (other
than required inspections), preventive maintenance, or alterations.
(2) A designation of the items of
maintenance and alteration that must be inspected (required inspections) in-cluding at least those that could result in a failure, malfunction, or defect en-dangering the safe operation of the air-craft, if not performed properly or if improper parts or materials are used.
(3) The method of performing re-
quired inspections and a designation by occupational title of personnel author-ized to perform each required inspec-tion.
(4) Procedures for the reinspection of
work performed under previous re-quired inspection findings (buy-back procedures).
(5) Procedures, standards, and limits
necessary for required inspections and acceptance or rejection of the items re-quired to be inspected and for periodic inspection and calibration of precision tools, measuring devices, and test equipment.
(6) Procedures to ensure that all re-
quired inspections are performed.
(7) Instructions to prevent any per-
son who performs any item of work from performing any required inspec-tion of that work.
(8) Instructions and procedures to
prevent any decision of an inspector re-garding any required inspection from being countermanded by persons other
than supervisory personnel of the in-spection unit, or a person at the level of administrative control that has overall responsibility for the manage-ment of both the required inspection functions and the other maintenance, preventive maintenance, or alterations functions.
(9) Procedures to ensure that mainte-
nance (including required inspections), preventive maintenance, or alterations that are not completed because of work interruptions are properly completed before the aircraft is released to serv-ice.
(c) Each program manager must put
in the manual a suitable system (which may include an electronic or coded sys-tem) that provides for the retention of the following information—
(1) A description (or reference to data
acceptable to the Administrator) of the work performed;
(2) The name of the person per-
forming the work if the work is per-formed by a person outside the organi-zation of the program manager; and
(3) The name or other positive identi-
fication of the individual approving the work.
(d) For the purposes of this part, the
program manager must prepare that part of its manual containing mainte-nance information and instructions, in whole or in part, in a format accept-able to the Administrator, that is re-trievable in the English language.
§ 91.1429 CAMP: Required inspection
personnel.
(a) No person who maintains an air-
craft under a CAMP may use any per-son to perform required inspections un-less the person performing the inspec-tion is appropriately certificated, prop-erly trained, qualified, and authorized to do so.
(b) No person may allow any person
to perform a required inspection un-less, at the time the work was per-formed, the person performing that in-spection is under the supervision and control of the chief inspector.
(c) No person may perform a required
inspection if that person performed the item of work required to be inspected.
(d) Each program manager must
maintain, or must ensure that each
826 14 CFR Ch. I (1–1–25 Edition) § 91.1431
person with whom it arranges to per-
form required inspections maintains, a current listing of persons who have been trained, qualified, and authorized to conduct required inspections. The persons must be identified by name, oc-cupational title, and the inspections that they are authorized to perform. The program manager (or person with whom it arranges to perform its re-quired inspections) must give written information to each person so author-ized, describing the extent of that per-son’s responsibilities, authorities, and inspectional limitations. The list must be made available for inspection by the Administrator upon request.
§ 91.1431 CAMP: Continuing analysis
and surveillance.
(a) Each program manager who main-
tains program aircraft under a CAMP must establish and maintain a system for the continuing analysis and surveil-
lance of the performance and effective-ness of its inspection program and the program covering other maintenance, preventive maintenance, and alter-ations and for the correction of any de-ficiency in those programs, regardless of whether those programs are carried out by employees of the program man-ager or by another person.
(b) Whenever the Administrator finds
that the programs described in para-graph (a) of this section does not con-tain adequate procedures and standards to meet this part, the program man-ager must, after notification by the Administrator, make changes in those programs requested by the Adminis-trator.
(c) A program manager may petition
the Administrator to reconsider the notice to make a change in a program. The petition must be filed with the Ex-ecutive Director, Flight Standards Service, within 30 days after the pro-gram manager receives the notice. Ex-cept in the case of an emergency re-quiring immediate action in the inter-est of safety, the filing of the petition stays the notice pending a decision by the Administrator.
[Docket FAA–2001–10047, 68 FR 54561, Sept. 17,
2003, as amended by Docket FAA–2018–0119, Amdt. 91–350, 83 FR 9171, Mar. 5, 2018] § 91.1433 CAMP: Maintenance and pre-
ventive maintenance training pro-gram.
Each program manager who main-
tains program aircraft under a CAMP or a person performing maintenance or preventive maintenance functions for it must have a training program to en-sure that each person (including in-spection personnel) who determines the adequacy of work done is fully in-formed about procedures and tech-niques and new equipment in use and is competent to perform that person’s du-ties.
§ 91.1435 CAMP: Certificate require-
ments.
(a) Except for maintenance, preven-
tive maintenance, alterations, and re-quired inspections performed by repair stations located outside the United States certificated under the provi-sions of part 145 of this chapter, each person who is directly in charge of maintenance, preventive maintenance, or alterations for a CAMP, and each
person performing required inspections for a CAMP must hold an appropriate airman certificate.
(b) For the purpose of this section, a
person ‘‘directly in charge’’ is each per-son assigned to a position in which that person is responsible for the work of a shop or station that performs maintenance, preventive maintenance, alterations, or other functions affect-ing airworthiness. A person who is di-rectly in charge need not physically observe and direct each worker con-stantly but must be available for con-sultation and decision on matters re-quiring instruction or decision from higher authority than that of the per-son performing the work.
§ 91.1437 CAMP: Authority to perform
and approve maintenance.
A program manager who maintains
program aircraft under a CAMP may employ maintenance personnel, or make arrangements with other persons to perform maintenance and preventive maintenance as provided in its mainte-nance manual. Unless properly certifi-cated, the program manager may not perform or approve maintenance for re-turn to service.
827 Federal Aviation Administration, DOT § 91.1443
§ 91.1439 CAMP: Maintenance record-
ing requirements.
(a) Each program manager who main-
tains program aircraft under a CAMP must keep (using the system specified in the manual required in §91.1427) the following records for the periods speci-fied in paragraph (b) of this section:
(1) All the records necessary to show
that all requirements for the issuance of an airworthiness release under §91.1443 have been met.
(2) Records containing the following
information:
(i) The total time in service of the
airframe, engine, propeller, and rotor.
(ii) The current status of life-limited
parts of each airframe, engine, pro-peller, rotor, and appliance.
(iii) The time since last overhaul of
each item installed on the aircraft that are required to be overhauled on a specified time basis.
(iv) The identification of the current
inspection status of the aircraft, in-cluding the time since the last inspec-tions required by the inspection pro-gram under which the aircraft and its appliances are maintained.
(v) The current status of applicable
airworthiness directives, including the date and methods of compliance, and, if the airworthiness directive involves recurring action, the time and date when the next action is required.
(vi) A list of current major alter-
ations and repairs to each airframe, en-gine, propeller, rotor, and appliance.
(b) Each program manager must re-
tain the records required to be kept by this section for the following periods:
(1) Except for the records of the last
complete overhaul of each airframe, engine, propeller, rotor, and appliance the records specified in paragraph (a)(1) of this section must be retained until the work is repeated or superseded by other work or for one year after the work is performed.
(2) The records of the last complete
overhaul of each airframe, engine, pro-peller, rotor, and appliance must be re-tained until the work is superseded by work of equivalent scope and detail.
(3) The records specified in paragraph
(a)(2) of this section must be retained as specified unless transferred with the aircraft at the time the aircraft is sold. (c) The program manager must make
all maintenance records required to be kept by this section available for in-spection by the Administrator or any representative of the National Trans-portation Safety Board.
§ 91.1441 CAMP: Transfer of mainte-
nance records.
When a U.S.-registered fractional
ownership program aircraft maintained under a CAMP is removed from the list of program aircraft in the management specifications, the program manager must transfer to the purchaser, at the time of the sale, the following records of that aircraft, in plain language form or in coded form that provides for the preservation and retrieval of informa-tion in a manner acceptable to the Ad-ministrator:
(a) The records specified in
§91.1439(a)(2).
(b) The records specified in
§91.1439(a)(1) that are not included in the records covered by paragraph (a) of this section, except that the purchaser may allow the program manager to keep physical custody of such records. However, custody of records by the pro-gram manager does not relieve the pur-chaser of its responsibility under §91.1439(c) to make the records avail-able for inspection by the Adminis-trator or any representative of the Na-tional Transportation Safety Board.
§ 91.1443 CAMP: Airworthiness release
or aircraft maintenance log entry.
(a) No program aircraft maintained
under a CAMP may be operated after maintenance, preventive maintenance, or alterations are performed unless qualified, certificated personnel em-ployed by the program manager pre-pare, or cause the person with whom the program manager arranges for the performance of the maintenance, pre-ventive maintenance, or alterations, to prepare—
(1) An airworthiness release; or (2) An appropriate entry in the air-
craft maintenance log.
(b) The airworthiness release or log
entry required by paragraph (a) of this section must—
(1) Be prepared in accordance with
the procedure in the program man-ager’s manual;
828 14 CFR Ch. I (1–1–25 Edition) § 91.1501
(2) Include a certification that—
(i) The work was performed in ac-
cordance with the requirements of the program manager’s manual;
(ii) All items required to be inspected
were inspected by an authorized person who determined that the work was sat-isfactorily completed;
(iii) No known condition exists that
would make the aircraft unairworthy;
(iv) So far as the work performed is
concerned, the aircraft is in condition for safe operation; and
(3) Be signed by an authorized certifi-
cated mechanic.
(c) Notwithstanding paragraph (b)(3)
of this section, after maintenance, pre-ventive maintenance, or alterations performed by a repair station certifi-cated under the provisions of part 145 of this chapter, the approval for return to service or log entry required by paragraph (a) of this section may be signed by a person authorized by that repair station.
(d) Instead of restating each of the
conditions of the certification required by paragraph (b) of this section, the program manager may state in its manual that the signature of an au-thorized certificated mechanic or re-pairman constitutes that certification.
Subpart L—Continued Airworthi-
ness and Safety Improve-ments
SOURCE : Amdt. 91–297, 72 FR 63410, Nov. 8,
2007, unless otherwise noted.
§ 91.1501 Purpose and definition.
(a) This subpart requires operators to
support the continued airworthiness of each airplane. These requirements may include, but are not limited to, revising the inspection program, incorporating design changes, and incorporating revi-sions to Instructions for Continued Airworthiness.
(b) [Reserved]
[Amdt. 91–297, 72 FR 63410, Nov. 8, 2007, as
amended by Docket FAA–2018–0119, Amdt. 91– 350, 83 FR 9171, Mar. 5, 2018] § 91.1503 [Reserved]
§ 91.1505 Repairs assessment for pres-
surized fuselages.
(a) No person may operate an Airbus
Model A300 (excluding the -600 series), British Aerospace Model BAC 1–11, Boe-ing Model 707, 720, 727, 737 or 747, McDonnell Douglas Model DC–8, DC–9/ MD–80 or DC–10, Fokker Model F28, or Lockheed Model L–1011 airplane beyond applicable flight cycle implementation time specified below, or May 25, 2001, whichever occurs later, unless repair assessment guidelines applicable to the fuselage pressure boundary (fuselage skin, door skin, and bulkhead webs) are incorporated within its inspection pro-gram. The repair assessment guidelines must be approved by the responsible Aircraft Certification Service office for the type certificate for the affected air-plane.
(1) For the Airbus Model A300 (ex-
cluding the –600 series), the flight cycle implementation time is:
(i) Model B2: 36,000 flights. (ii) Model B4–100 (including Model
B4–2C): 30,000 flights above the window line, and 36,000 flights below the win-dow line.
(iii) Model B4–200: 25,500 flights above
the window line, and 34,000 flights below the window line.
(2) For all models of the British Aero-
space BAC 1–11, the flight cycle imple-mentation time is 60,000 flights.
(3) For all models of the Boeing 707,
the flight cycle implementation time is 15,000 flights.
(4) For all models of the Boeing 720,
the flight cycle implementation time is 23,000 flights.
(5) For all models of the Boeing 727,
the flight cycle implementation time is 45,000 flights.
(6) For all models of the Boeing 737,
the flight cycle implementation time is 60,000 flights.
(7) For all models of the Boeing 747,
the flight cycle implementation time is 15,000 flights.
(8) For all models of the McDonnell
Douglas DC–8, the flight cycle imple-mentation time is 30,000 flights.
(9) For all models of the McDonnell
Douglas DC–9/MD–80, the flight cycle implementation time is 60,000 flights.
829 Federal Aviation Administration, DOT § 91.1603
(10) For all models of the McDonnell
Douglas DC–10, the flight cycle imple-mentation time is 30,000 flights.
(11) For all models of the Lockheed
L–1011, the flight cycle implementation time is 27,000 flights.
(12) For the Fokker F–28 Mark 1000,
2000, 3000, and 4000, the flight cycle im-plementation time is 60,000 flights.
(b) [Reserved]
[Docket 29104, 65 FR 24125, Apr. 25, 2000; 65 FR
35703, June 5, 2000; 65 FR 50744, Aug. 21, 2000, as amended by Amdt. 91–266, 66 FR 23130, May 7, 2001; Amdt. 91–277, 67 FR 72834, Dec. 9, 2002; Amdt. 91–283, 69 FR 45941, July 30, 2004. Redesignated and amended by Amdt. 91–297, 72 FR 63410, Nov. 8, 2007; Docket FAA–2018– 0119, Amdt. 91–350, 83 FR 9171, Mar. 5, 2018]
§ 91.1507 Fuel tank system inspection
program.
(a) Except as provided in paragraph
(g) of this section, this section applies to transport category, turbine-powered airplanes with a type certificate issued after January 1, 1958, that, as a result of original type certification or later increase in capacity, have—
(1) A maximum type-certificated pas-
senger capacity of 30 or more, or
(2) A maximum payload capacity of
7,500 pounds or more.
(b) For each airplane on which an
auxiliary fuel tank is installed under a field approval, before June 16, 2008, the operator must submit to the respon-sible Aircraft Certification Service Of-fice proposed maintenance instructions for the tank that meet the require-ments of Special Federal Aviation Reg-ulation No. 88 (SFAR 88) of this chap-ter.
(c) After December 16, 2008, no oper-
ator may operate an airplane identified in paragraph (a) of this section unless the inspection program for that air-plane has been revised to include appli-cable inspections, procedures, and limi-tations for fuel tank systems.
(d) The proposed fuel tank system in-
spection program revisions specified in
paragraph (c) of this section must be based on fuel tank system Instructions for Continued Airworthiness (ICA) that have been developed in accordance with the applicable provisions of SFAR 88 of this chapter or §25.1529 and part 25, Appendix H, of this chapter, in ef-fect on June 6, 2001 (including those de-veloped for auxiliary fuel tanks, if any, installed under supplemental type cer-
tificates or other design approval) and that have been approved by the respon-sible Aircraft Certification Service Of-fice.
(e) After December 16, 2008, before re-
turning an airplane to service after any alterations for which fuel tank ICA are developed under SFAR 88, or under §25.1529 in effect on June 6, 2001, the op-erator must include in the inspection program for the airplane inspections and procedures for the fuel tank sys-tem based on those ICA.
(f) The fuel tank system inspection
program changes identified in para-graphs (d) and (e) of this section and any later fuel tank system revisions must be submitted to the Flight Stand-ards office responsible for review and approval.
(g) This section does not apply to the
following airplane models:
(1) Bombardier CL–44 (2) Concorde (3) deHavilland D.H. 106 Comet 4C (4) VFW-Vereinigte Flugtechnische
Werk VFW–614
(5) Illyushin Aviation IL 96T (6) Bristol Aircraft Britannia 305 (7) Handley Page Herald Type 300
(8) Avions Marcel Dassault—Breguet
Aviation Mercure 100C
(9) Airbus Caravelle (10) Lockheed L–300
[Amdt. 91–297, 72 FR 63410, Nov. 8, 2007, as
amended by Docket FAA–2018–0119, Amdt. 91– 350, 83 FR 9172, Mar. 5, 2018]
Subpart M—Special Federal
Aviation Regulations
§ 91.1603 Special Federal Aviation Reg-
ulation No. 112—Prohibition Against Certain Flights in the Ter-ritory and Airspace of Libya.
(a) Applicability. This Special Federal
Aviation Regulation (SFAR) applies to the following persons:
(1) All U.S. air carriers and U.S. com-
mercial operators;
(2) All persons exercising the privi-
leges of an airman certificate issued by the FAA, except when such persons are operating U.S.-registered aircraft for a foreign air carrier; and
(3) All operators of U.S.-registered
civil aircraft, except when the operator of such aircraft is a foreign air carrier.
830 14 CFR Ch. I (1–1–25 Edition) § 91.1605
(b) Flight prohibition. Except as pro-
vided in paragraphs (c) and (d) of this section, no person described in para-
graph (a) of this section may conduct flight operations in the territory and airspace of Libya.
(c) Permitted operations. This section
does not prohibit persons described in paragraph (a) of this section from con-ducting flight operations in the terri-tory and airspace of Libya, provided that such flight operations occur under a contract, grant, or cooperative agree-ment with a department, agency, or in-strumentality of the U.S. Government (or under a subcontract between the prime contractor of the department, agency, or instrumentality and the person described in paragraph (a) of this section), with the approval of the FAA, or under an exemption issued by the FAA. The FAA will consider re-quests for approval or exemption in a timely manner, with the order of pref-erence being: First, for those oper-ations in support of U.S. Government- sponsored activities; second, for those operations in support of government- sponsored activities of a foreign coun-try with the support of a U.S. Govern-ment department, agency, or instru-mentality; and third, for all other oper-ations.
(d) Emergency situations. In an emer-
gency that requires immediate decision and action for the safety of the flight, the pilot in command of an aircraft may deviate from this section to the extent required by that emergency. Ex-cept for U.S. air carriers and commer-cial operators that are subject to the requirements of 14 CFR part 119, 121, 125, or 135, each person who deviates from this section must, within 10 days of the deviation, excluding Saturdays, Sundays, and Federal holidays, submit to the responsible Flight Standards Of-fice a complete report of the operations of the aircraft involved in the devi-ation, including a description of the de-viation and the reasons for it.
(e) Expiration. This SFAR will remain
in effect until March 20, 2025. The FAA may amend, rescind, or extend this SFAR, as necessary.
[Docket No FAA–2011–0246, Amdt.91–321E, 85
FR 45091, July 27, 2020, as amended by Docket FAA–2011–0246, Amdt. 91–321F, 88 FR 16878, Mar. 21, 2023] § 91.1605 Special Federal Aviation Reg-
ulation No. 77—Prohibition Against Certain Flights in the Baghdad Flight Information Region (FIR) (ORBB).
(a) Applicability. This section applies
to the following persons:
(1) All U.S. air carriers and U.S. com-
mercial operators;
(2) All persons exercising the privi-
leges of an airman certificate issued by the FAA, except when such persons are operating U.S.-registered aircraft for a foreign air carrier; and
(3) All operators of civil aircraft reg-
istered in the United States, except when the operator of such aircraft is a foreign air carrier.
(b) Flight prohibition. Except as pro-
vided in paragraphs (c) and (d) of this section, no person described in para-graph (a) of this section may conduct flight operations in the Baghdad Flight Information Region (FIR) (ORBB) at altitudes below Flight Level (FL) 320.
(c) Permitted operations. This section
does not prohibit persons described in paragraph (a) of this section from con-ducting flight operations in the Bagh-dad FIR (ORBB) at altitudes below FL320, provided that such flight oper-ations occur under a contract, grant, or cooperative agreement with a de-
partment, agency, or instrumentality of the U.S. Government (or under a subcontract between the prime con-tractor of the department, agency, or instrumentality, and the person de-scribed in paragraph (a) of this section) with the approval of the FAA, or under an exemption issued by the FAA. The FAA will consider requests for ap-proval or exemption in a timely man-ner, with the order of preference being: first, for those operations in support of U.S. Government-sponsored activities; second, for those operations in support of government-sponsored activities of a foreign country with the support of a U.S. Government department, agency, or instrumentality; and third, for all other operations.
(d) Emergency situations. In an emer-
gency that requires immediate decision and action for the safety of the flight, the pilot in command of an aircraft may deviate from this section to the
831 Federal Aviation Administration, DOT § 91.1611
extent required by that emergency. Ex-
cept for U.S. air carriers and commer-cial operators that are subject to the requirements of part 119, 121, 125, or 135 of this chapter, each person who devi-ates from this section must, within 10 days of the deviation, excluding Satur-days, Sundays, and Federal holidays, submit to the responsible Flight Stand-ards office a complete report of the op-erations of the aircraft involved in the deviation, including a description of the deviation and the reasons for it.
(e) Expiration. This SFAR will remain
in effect until October 26, 2027. The FAA may amend, rescind, or extend this SFAR, as necessary.
[Docket FAA–2018–0927, Amdt. 91–353A, 85 FR
65693, Oct. 16, 2020, as amended by Amdt. 91– 353B, 87 FR 57390, Sept. 20, 2022; Amdt. 91– 353C, 89 FR 83427, Oct. 16, 2024]
§ 91.1607 [Reserved]
§ 91.1609 Special Federal Aviation Reg-
ulation No. 114—Prohibition Against Certain Flights in the Da-mascus Flight Information Region (FIR) (OSTT).
(a) Applicability. This section applies
to the following persons:
(1) All U.S. air carriers and U.S. com-
mercial operators;
(2) All persons exercising the privi-
leges of an airman certificate issued by the FAA, except when such persons are operating U.S.-registered aircraft for a foreign air carrier; and
(3) All operators of U.S.-registered
civil aircraft, except when the operator of such aircraft is a foreign air carrier.
(b) Flight prohibition. Except as pro-
vided in paragraphs (c) and (d) of this section, no person described in para-graph (a) of this section may conduct flight operations in the Damascus Flight Information Region (FIR) (OSTT).
(c) Permitted operations. This section
does not prohibit persons described in paragraph (a) of this section from con-ducting flight operations in the Damas-cus Flight Information Region (FIR) (OSTT), provided that such flight oper-ations are conducted under a contract, grant, or cooperative agreement with a department, agency, or instrumen-tality of the U.S. government (or under a subcontract between the prime con-tractor of the department, agency, or instrumentality and the person de-
scribed in paragraph (a) of this section) with the approval of the FAA, or under an exemption issued by the FAA. The FAA will consider requests for ap-proval or exemption in a timely man-ner, with the order of preference being: First, for those operations in support of U.S. government-sponsored activi-ties; second, for those operations in support of government-sponsored ac-tivities of a foreign country with the support of a U.S. government depart-ment, agency, or instrumentality; and third, for all other operations.
(d) Emergency situations. In an emer-
gency that requires immediate decision and action for the safety of the flight, the pilot in command of an aircraft may deviate from this section to the extent required by that emergency. Ex-cept for U.S. air carriers and commer-cial operators that are subject to the requirements of 14 CFR part 119, 121, 125, or 135, each person who deviates from this section must, within 10 days of the deviation, excluding Saturdays, Sundays, and Federal holidays, submit to the responsible Flight Standards of-fice a complete report of the operations of the aircraft involved in the devi-ation, including a description of the de-viation and the reasons for it.
(e) Expiration. This SFAR will re-
main in effect until December 30, 2028. The FAA may amend, rescind, or ex-tend this SFAR, as necessary.
[Docket FAA–2017–0768, Amdt. 91–348, 82 FR
40949, Aug. 29, 2017; Amdt. 91–348A, 82 FR 42592, Sept. 11, 2017, as amended by Amdt. 91– 348B, 83 FR 63414, Dec. 10, 2018; Amdt. 91–348C, 85 FR 75845, Nov. 27, 2020; Amdt. 91–348D, 88 FR 89300, Dec. 27, 2023]
§ 91.1611 Special Federal Aviation Reg-
ulation No. 115—Prohibition Against Certain Flights in Specified Areas of the Sanaa Flight Informa-tion Region (FIR) (OYSC).
(a) Applicability. This Special Federal
Aviation Regulation (SFAR) applies to the following persons:
(1) All U.S. air carriers and U.S. com-
mercial operators;
(2) All persons exercising the privi-
leges of an airman certificate issued by the FAA, except when such persons are operating U.S.-registered aircraft for a foreign air carrier; and
832 14 CFR Ch. I (1–1–25 Edition) § 91.1613
(3) All operators of U.S.-registered
civil aircraft, except when the operator of such aircraft is a foreign air carrier.
(b) Flight prohibition. Except as pro-
vided in paragraphs (c) and (d) of this section, no person described in para-graph (a) of this section may conduct flight operations in the portion of the Sanaa Flight Information Region (FIR) (OYSC) that is west of a line drawn di-rect from KAPET (163322N 0530614E) to NODMA (152603N 0533359E), northwest of a line drawn direct from NODMA to IMPAG (140638N 0503924E) then from IMPAG to TIMAD (115500N 0463500E), north of a line drawn direct from TIMAD to PARIM (123200N 0432720E), and east of a line drawn direct from PARIM to RIBOK (154700N 0415230E). Use of jet route UN303 is not author-ized.
(c) Permitted operations. This section
does not prohibit persons described in paragraph (a) of this section from con-ducting flight operations in the Sanaa FIR (OYSC) under the following cir-cumstances:
(1) Permitted operations that do not re-
quire an approval or exemption from the FAA. Flight operations may be con-
ducted in the Sanaa FIR (OYSC) in that airspace east of a line drawn di-rect from KAPET (163322N 0530614E) to NODMA (152603N 0533359E), southeast of a line drawn direct from NODMA to IMPAG (140638N 0503924E) then from IMPAG to TIMAD (115500N 0463500E), south of a line drawn direct from TIMAD to PARIM (123200N 0432720E), and west of a line drawn direct from PARIM to RIBOK (154700N 0415230E). Use of jet routes UT702 and M999 are authorized. All flight operations con-ducted under this subparagraph must be conducted subject to the approval of, and in accordance with the condi-tions established by, the appropriate authorities of Yemen.
(2) Operations permitted under an ap-
proval or exemption issued by the FAA. Flight operations may be conducted in the Sanaa FIR (OYSC) in that airspace west of a line drawn direct from KAPET (163322N 0530614E) to NODMA (152603N 0533359E), northwest of a line drawn direct from NODMA to IMPAG (140638N 0503924E) then from IMPAG to TIMAD (115500N 0463500E), north of a line drawn direct from TIMAD to PARIM (123200N 0432720E), and east of a
line drawn direct from PARIM to RIBOK (154700N 0415230E) if such flight operations are conducted under a con-tract, grant, or cooperative agreement with a department, agency, or instru-mentality of the U.S. Government (or under a subcontract between the prime contractor of the U.S. Government de-partment, agency, or instrumentality and the person subject to paragraph (a)), with the approval of the FAA, or under an exemption issued by the FAA. The FAA will consider requests for ap-proval or exemption in a timely man-ner, with the order of preference being: First, for those operations in support of U.S. Government-sponsored activi-ties; second, for those operations in support of government-sponsored ac-tivities of a foreign country with the support of a U.S. government depart-ment, agency, or instrumentality; and third, for all other operations.
(d) Emergency situations. In an emer-
gency that requires immediate decision and action for the safety of the flight, the pilot in command of an aircraft may deviate from this section to the extent required by that emergency. Ex-cept for U.S. air carriers and commer-cial operators that are subject to the requirements of 14 CFR part 119, 121, 125, or 135, each person who deviates from this section must, within 10 days of the deviation, excluding Saturdays, Sundays, and Federal holidays, submit to the responsible Flight Standards of-fice a complete report of the operations of the aircraft involved in the devi-ation, including a description of the de-viation and the reasons for it.
(e) Expiration. This SFAR will remain
in effect until January 7, 2028. The FAA may amend, rescind, or extend this SFAR, as necessary.
[Amdt. 91–340B, 84 FR 67665, Dec. 11, 2019, as
amended by Amdt. 91–340C, 86 FR 69173, Dec. 7, 2021; Docket FAA–2015–8672; Amdt. 91–340D, 88 FR 65320, Sept. 22, 2023; Amdt. 91–340E, 89 FR 106307, Dec. 30, 2024]
§ 91.1613 Special Federal Aviation Reg-
ulation No. 107—Prohibition Against Certain Flights in the Ter-ritory and Airspace of Somalia.
(a) Applicability. This Special Federal
Aviation Regulation (SFAR) applies to the following persons:
833 Federal Aviation Administration, DOT § 91.1613
(1) All U.S. air carriers and U.S. com-
mercial operators;
(2) All persons exercising the privi-
leges of an airman certificate issued by the FAA, except when such persons are operating U.S.-registered aircraft for a foreign air carrier; and
(3) All operators of U.S.-registered
civil aircraft, except when the operator of such aircraft is a foreign air carrier.
(b) Flight prohibition. Except as pro-
vided in paragraphs (c) and (d) of this section, no person described in para-graph (a) of this section may conduct
flight operations in the territory and airspace of Somalia at altitudes below Flight Level (FL) 260.
(c) Permitted operations. This section
does not prohibit persons described in paragraph (a) of this section from con-ducting flight operations in the terri-tory and airspace of Somalia under the following circumstances:
(1) Overflights of Somalia may be
conducted at altitudes at or above FL260 subject to the approval of, and in accordance with the conditions estab-lished by, the appropriate authorities of Somalia.
(2) Aircraft departing from Djibouti
Ambouli International Airport (Inter-national Civil Aviation Organization (ICAO) code: HDAM) may operate overwater in the territory and airspace of Somalia at altitudes below FL260 only to the extent necessary to permit a climb during takeoff if the operator of that aircraft:
(i) Receives any necessary approval
from the appropriate authorities of Djibouti;
(ii) Conducts operations that comply
with applicable conditions established by the appropriate authorities of Djibouti and air traffic control instruc-tions; and
(iii) Is either on a published instru-
ment procedure or under the direction of air traffic control.
(3) Aircraft descending into Djibouti
Ambouli International Airport (HDAM) may operate overwater at altitudes below FL260 in the territory and air-space of Somalia only to the extent necessary to permit descent for landing at Djibouti Ambouli International Air-port (HDAM), if the operator of that aircraft: (i) Receives any necessary approval
from the appropriate authorities of Djibouti;
(ii) Conducts operations that comply
with applicable conditions established by the appropriate authorities of Djibouti and air traffic control instruc-tions; and
(iii) Is either on a published instru-
ment procedure or under the direction of air traffic control.
(4) Flight operations may be con-
ducted in the territory and airspace of Somalia at altitudes below FL260 if such flight operations are conducted under a contract, grant, or cooperative agreement with a department, agency, or instrumentality of the U.S. Govern-ment (or under a subcontract between the prime contractor of the U.S. Gov-ernment department, agency, or in-strumentality and the person described in paragraph (a) of this section) with the approval of the FAA or under an exemption issued by the FAA. The FAA will consider requests for ap-proval or exemption in a timely man-ner, with the order of preference being: First, for those operations in support of U.S. Government-sponsored activi-ties; second, for those operations in support of government-sponsored ac-tivities of a foreign country with the support of a U.S. Government depart-ment, agency, or instrumentality; and third, for all other operations.
(d) Emergency situations. In an emer-
gency that requires immediate decision and action for the safety of the flight, the pilot in command of an aircraft may deviate from this section to the extent required by that emergency. Ex-cept for U.S. air carriers and commer-cial operators that are subject to the requirements of 14 CFR part 119, 121, 125, or 135, each person who deviates from this section must, within 10 days of the deviation, excluding Saturdays, Sundays, and Federal holidays, submit to the responsible Flight Standards of-fice a complete report of the operations of the aircraft involved in the devi-ation, including a description of the de-viation and the reasons for it.
(e) Expiration. This SFAR will remain
in effect until January 7, 2027. The FAA
834 14 CFR Ch. I (1–1–25 Edition) § 91.1615
may amend, rescind, or extend this
SFAR, as necessary.
[Docket FAA–2007–27602, Amdt.91–339, 81 FR
726, Jan. 7, 2016, as amended by Amdt. 91– 339A, 82 FR 58550, Dec. 13, 2017; Docket FAA– 2018–0119, Amdt. 91–350, 83 FR 9172, Mar. 5, 2018; Amdt. 91–339B, 84 FR 67671, Dec. 11, 2019; Docket FAA–2007–27602, Amdt. 91–339C, 87 FR 79245, Dec. 27, 2022]
§ 91.1615 Special Federal Aviation Reg-
ulation No. 79—Prohibition Against Certain Flights in the Pyongyang Flight Information Region (FIR) (ZKKP).
(a) Applicability. This Special Federal
Aviation Regulation (SFAR) applies to the following persons:
(1) All U.S. air carriers and U.S. com-
mercial operators;
(2) All persons exercising the privi-
leges of an airman certificate issued by the FAA, except when such persons are operating U.S.-registered aircraft for a foreign air carrier; and
(3) All operators of U.S.-registered
civil aircraft, except when the operator of such aircraft is a foreign air carrier.
(b) Flight prohibition. Except as pro-
vided in paragraphs (c) and (d) of this section, no person described in para-graph (a) of this section may conduct flight operations in the Pyongyang
Flight Information Region (FIR) (ZKKP).
(c) Permitted operations. This section
does not prohibit persons described in paragraph (a) of this section from con-ducting flight operations in the Pyongyang Flight Information Region (FIR) (ZKKP), provided that such flight operations are conducted under a con-tract, grant, or cooperative agreement with a department, agency, or instru-mentality of the U.S. government (or under a subcontract between the prime contractor of the department, agency, or instrumentality and the person de-scribed in paragraph (a) of this section) with the approval of the FAA, or under an exemption issued by the FAA. The FAA will consider requests for ap-proval or exemption in a timely man-ner, with the order of preference being: First, for those operations in support of U.S. government-sponsored activi-ties; second, for those operations in support of government-sponsored ac-tivities of a foreign country with the support of a U.S. Government depart-ment, agency, or instrumentality; and
third, for all other operations.
(d) Emergency situations. In an emer-
gency that requires immediate decision and action for the safety of the flight, the pilot in command of an aircraft may deviate from this section to the extent required by that emergency. Ex-cept for U.S. air carriers and commer-cial operators that are subject to the requirements of 14 CFR part 119, 121, 125, or 135, each person who deviates from this section must, within 10 days of the deviation, excluding Saturdays, Sundays, and Federal holidays, submit to the responsible Flight Standards Of-fice a complete report of the operations of the aircraft involved in the devi-ation, including a description of the de-viation and the reasons for it.
(e) Expiration. This SFAR will remain
in effect until September 18, 2028. The FAA may amend, rescind, or extend this SFAR, as necessary.
[Docket FAA–2018–0838, Amdt. 91–352, 83 FR
47064, Sept. 18, 2018, as amended by Amdt. 91– 352A, 85 FR 55377, Sept. 8, 2020; Docket FAA– 2018–0838, Amdt. 91–352B, 88 FR 63525, Sept. 15, 2023]
§ 91.1617 Special Federal Aviation Reg-
ulation No. 117—Prohibition Against Certain Flights in the Tehran Flight Information Region (FIR) (OIIX).
(a) Applicability. This Special Federal
Aviation Regulation (SFAR) applies to the following persons:
(1) All U.S. air carriers and U.S. com-
mercial operators;
(2) All persons exercising the privi-
leges of an airman certificate issued by the FAA, except when such persons are operating U.S.-registered aircraft for a foreign air carrier; and
(3) All operators of U.S.-registered
civil aircraft, except when the operator of such aircraft is a foreign air carrier.
(b) Flight prohibition. Except as pro-
vided in paragraphs (c) and (d) of this section, no person described in para-graph (a) of this section may conduct flight operations in the Tehran Flight Information Region (FIR) (OIIX).
(c) Permitted operations. This section
does not prohibit persons described in paragraph (a) of this section from con-ducting flight operations in the Tehran FIR (OIIX), provided that such flight
835 Federal Aviation Administration, DOT § 91.1619
operations are conducted under a con-
tract, grant, or cooperative agreement with a department, agency, or instru-mentality of the U.S. Government (or under a subcontract between the prime contractor of the department, agency, or instrumentality and the person de-scribed in paragraph (a) of this section) with the approval of the FAA, or under an exemption issued by the FAA. The FAA will consider requests for ap-proval or exemption in a timely man-ner, with the order of preference being:
First, for those operations in support of U.S. Government-sponsored activi-ties; second, for those operations in support of government-sponsored ac-tivities of a foreign country with the support of a U.S. Government depart-ment, agency, or instrumentality; and third, for all other operations.
(d) Emergency situations. In an emer-
gency that requires immediate decision and action for the safety of the flight, the pilot in command of an aircraft may deviate from this section to the extent required by that emergency. Ex-cept for U.S. air carriers and commer-cial operators that are subject to the requirements of 14 CFR parts 119, 121, 125, or 135, each person who deviates from this section must, within 10 days of the deviation, excluding Saturdays, Sundays, and Federal holidays, submit to the responsible Flight Standards Of-fice a complete report of the operations of the aircraft involved in the devi-ation, including a description of the de-viation and the reasons for it.
(e) Expiration. This SFAR will remain
in effect until October 31, 2027. The FAA may amend, rescind, or extend this SFAR as necessary.
[Docket FAA–2020–0874, Amdt. 91–359, 85 FR
68440, Oct. 29, 2020, as amended by Amdt. 91– 359A, 87 FR 57384, Sept. 20, 2022; Amdt. 91– 359B, 89 FR 80390, Oct. 3, 2024]
§ 91.1619 Special Federal Aviation Reg-
ulation No. 119—Prohibition Against Certain Flights in the Kabul Flight Information Region (FIR) (OAKX).
(a) Applicability. This Special Federal
Aviation Regulation (SFAR) applies to the following persons:
(1) All U.S. air carriers and U.S. com-
mercial operators; (2) All persons exercising the privi-
leges of an airman certificate issued by the FAA, except when such persons are operating U.S.-registered aircraft for a foreign air carrier; and
(3) All operators of U.S.-registered
civil aircraft, except when the operator of such aircraft is a foreign air carrier.
(b) Flight prohibition. Except as pro-
vided in paragraphs (c) and (d) of this section, no person described in para-graph (a) of this section may conduct flight operations in the Kabul Flight Information Region (FIR) (OAKX).
(c) Permitted operations. This section
does not prohibit persons described in paragraph (a) of this section from con-ducting flight operations in the Kabul Flight Information Region (FIR) (OAKX) under the following cir-cumstances:
(1) Permitted operations that do not re-
quire an approval or exemption from the FAA. (i) Overflights of the Kabul Flight
Information Region (FIR) (OAKX) may be conducted at altitudes at and above Flight Level (FL) 320, subject to the approval of, and in accordance with the conditions established by, the appro-priate authorities of Afghanistan.
(ii) Transiting overflights of the
Kabul Flight Information Region (FIR) (OAKX) may be conducted on jet routes P500–G500 at altitudes at and above FL300, subject to the approval of, and in accordance with the conditions es-tablished by, the appropriate authori-ties of Afghanistan.
(2) Operations permitted under an ap-
proval or exemption issued by the FAA. Flight operations may be conducted in the Kabul Flight Information Region (FIR) (OAKX) at altitudes below FL320, provided that such flight operations occur under a contract, grant, or coop-erative agreement with a department, agency, or instrumentality of the U.S. Government (or under a subcontract between the prime contractor of the U.S. Government department, agency, or instrumentality and the person de-scribed in paragraph (a) of this section) with the approval of the FAA or under an exemption issued by the FAA. The FAA will consider requests for ap-proval or exemption in a timely man-ner, with the order of preference being: first, for those operations in support of U.S. Government-sponsored activities;
836 14 CFR Ch. I (1–1–25 Edition) § 91.1701
second, for those operations in support
of government-sponsored activities of a foreign country with the support of a U.S. Government department, agency, or instrumentality; and third, for all other operations.
(d) Emergency situations. In an emer-
gency that requires immediate decision and action for the safety of the flight, the pilot in command of an aircraft may deviate from this section to the extent required by that emergency. Ex-cept for U.S. air carriers and commer-cial operators that are subject to the requirements of 14 CFR part 119, 121, 125, or 135, each person who deviates from this section must, within 10 days of the deviation, excluding Saturdays, Sundays, and Federal holidays, submit to the responsible Flight Standards Of-fice a complete report of the operations of the aircraft involved in the devi-ation, including a description of the de-viation and the reasons for it.
(e) Expiration. This SFAR will remain
in effect until July 25, 2025. The FAA may amend, rescind, or extend this SFAR as necessary.
[Docket FAA–2023–1415, Amdt. 91–369, 88 FR
47771, July 25, 2023, as amended by Amdt. 91– 369A, 89 FR 55507, July 5, 2024]
Subpart N—Mitsubishi MU–2B Se-
ries Special Training, Experi-ence, and Operating Require-ments
SOURCE : Docket FAA–2006–24981, Amdt. 91–
344, 81 FR 61591, Sept. 7, 2016, unless other-wise noted.
§ 91.1701 Applicability.
(a) On and after November 7, 2016, all
training conducted in an MU–2B must follow an approved MU–2B training program that meets the standards of this subpart.
(b) This subpart applies to all persons
who operate a Mitsubishi MU–2B series airplane, including those who act as pilot in command, act as second-in- command, or other persons who manip-ulate the controls while under the su-pervision of a pilot in command.
(c) This subpart also applies to those
persons who provide pilot training for a Mitsubishi MU–2B series airplane. The requirements in this subpart are in ad-dition to the requirements of parts 61,
91, and 135 of this chapter.
§ 91.1703 Compliance and eligibility.
(a) Except as provided in paragraph
(b) of this section, no person may ma-nipulate the controls, act as PIC, act as second-in-command, or provide pilot training for a Mitsubishi MU–2B series airplane unless that person meets the requirements of this subpart.
(b) A person who does not meet the
requirements of this subpart may ma-nipulate the controls of a Mitsubishi MU–2B series airplane if a pilot in com-mand who meets the requirements of this subpart is occupying a pilot sta-tion, no passengers or cargo are carried on board the airplane, and the flight is being conducted for one of the fol-lowing reasons—
(1) The pilot in command is providing
pilot training to the manipulator of the controls;
(2) The pilot in command is con-
ducting a maintenance test flight with a second pilot or certificated mechanic; or
(3) The pilot in command is con-
ducting simulated instrument flight and is using a safety pilot other than the pilot in command who manipulates the controls for the purposes of §91.109(b).
(c) A person is required to complete
Initial/transition training if that person
has fewer than—
(1) 50 hours of documented flight
time manipulating the controls while serving as pilot in command of a Mitsubishi MU–2B series airplane in the preceding 24 months; or
(2) 500 hours of documented flight
time manipulating the controls while serving as pilot in command of a Mitsubishi MU–2B series airplane.
(d) A person is eligible to receive Re-
qualification training in lieu of Initial/
transition training if that person has at least—
(1) 50 hours of documented flight
time manipulating the controls while serving as pilot in command of a Mitsubishi MU–2B series airplane in the preceding 24 months; or
(2) 500 hours of documented flight
time manipulating the controls while serving as pilot in command of a Mitsubishi MU–2B series airplane.
837 Federal Aviation Administration, DOT § 91.1705
(e) A person is required to complete
Recurrent training within the preceding
12 months. Successful completion of Initial/transition or Requalification training within the preceding 12 months satisfies the requirement of Recurrent training. A person must suc-cessfully complete Initial/transition training or Requalification training be-
fore being eligible to receive Recurrent training.
(f) Successful completion of Initial/
transition training or Requalification training is a one-time requirement. A person may elect to retake Initial/tran-sition training or Requalification training in lieu of Recurrent training.
(g) A person is required to complete
Differences training in accordance with an FAA approved MU–2B training pro-gram if that person operates more than one MU–2B model as specified in §91.1707(c).
§ 91.1705 Required pilot training.
(a) Except as provided in §91.1703(b),
no person may manipulate the con-trols, act as pilot in command, or act as second-in-command of a Mitsubishi MU–2B series airplane for the purpose of flight unless—
(1) The requirements for ground and
flight training on Initial/transition, Requalification, Recurrent, and Dif-ferences training have been completed in accordance with an FAA approved MU–2B training program that meets the standards of this subpart; and
(2) That person’s logbook has been
endorsed in accordance with paragraph (f) of this section.
(b) Except as provided in §91.1703(b),
no person may manipulate the con-trols, act as pilot in command, or act as second-in-command, of a Mitsubishi MU–2B series airplane for the purpose of flight unless—
(1) That person satisfactorily com-
pletes, if applicable, annual Recurrent pilot training on the Special Emphasis
Items, and all items listed in the Train-
ing Course Final Phase Check in accord-
ance with an FAA approved MU–2B training program that meets the stand-ards of this subpart; and
(2) That person’s logbook has been
endorsed in accordance with paragraph (f) of this section. (c) Satisfactory completion of the
competency check required by §135.293 of this chapter within the preceding 12 calendar months may not be sub-stituted for the Mitsubishi MU–2B se-ries airplane annual recurrent flight training of this section.
(d) Satisfactory completion of a Fed-
eral Aviation Administration spon-sored pilot proficiency program, as de-scribed in §61.56(e) of this chapter may not be substituted for the Mitsubishi MU–2B series airplane annual recurrent flight training of this section.
(e) If a person complies with the re-
quirements of paragraph (a) or (b) of this section in the calendar month be-fore or the calendar month after the month in which compliance with these paragraphs are required, that person is considered to have accomplished the training requirement in the month the training is due.
(f) The endorsement required under
paragraph (a) and (b) of this section must be made by—
(1) A certificated flight instructor or
a simulator instructor authorized by a Training Center certificated under part 142 of this chapter and meeting the qualifications of §91.1713; or
(2) For persons operating the
Mitsubishi MU–2B series airplane for a 14 CFR part 119 certificate holder with-in the last 12 calendar months, the part 119 certificate holder’s flight instructor if authorized by the FAA and if that flight instructor meets the require-ments of §91.1713.
(g) All training conducted for a
Mitsubishi MU–2B series airplane must be completed in accordance with an MU–2B series airplane checklist that has been accepted by the Federal Avia-tion Administration’s MU–2B Flight Standardization Board or the applica-ble MU–2B series checklist (incor-porated by reference, see §91.1721).
(h) MU–2B training programs must
contain ground training and flight training sufficient to ensure pilot pro-ficiency for the safe operation of MU– 2B aircraft, including:
(1) A ground training curriculum suf-
ficient to ensure pilot knowledge of MU–2B aircraft, aircraft systems, and procedures, necessary for safe oper-ation; and
838 14 CFR Ch. I (1–1–25 Edition) § 91.1705
(2) Flight training curriculum includ-
ing flight training maneuver profiles sufficient in number and detail to en-sure pilot proficiency in all MU–2B op-erations for each MU–2B model in cor-relation with MU–2B limitations, pro-cedures, aircraft performance, and MU– 2B Cockpit Checklist procedures appli-cable to the MU–2B model being trained. A MU–2B training program must contain, at a minimum, the fol-lowing flight training maneuver pro-files applicable to the MU–2B model being trained:
(i) Normal takeoff with 5- and 20- de-
grees flaps;
(ii) Takeoff engine failure with 5- and
20- degrees flaps;
(iii) Takeoff engine failure on runway
or rejected takeoff;
(iv) Takeoff engine failure after lift-
off—unable to climb (may be completed in classroom or flight training device only);
(v) Steep turns; (vi) Slow flight maneuvers; (vii) One engine inoperative maneu-
vering with loss of directional control;
(viii) Approach to stall in clean con-
figuration and with wings level;
(ix) Approach to stall in takeoff con-
figuration with 15- to 30- degrees bank;
(x) Approach to stall in landing con-
figuration with gear down and 40-de-grees of flaps;
(xi) Accelerated stall with no flaps; (xii) Emergency descent at low speed; (xiii) Emergency descent at high
speed;
(xiv) Unusual attitude recovery with
the nose high;
(xv) Unusual attitude recovery with
the nose low;
(xvi) Normal landing with 20- and 40-
degrees flaps;
(xvii) Go around and rejected land-
ing;
(xviii) No flap or 5- degrees flaps
landing;
(xix) One engine inoperative landing
with 5- and 20- degrees flaps;
(xx) Crosswind landing; (xxi) Instrument landing system
(ILS) and missed approach ;
(xxii) Two engine missed approach; (xxiii) One engine inoperative ILS
and missed approach;
(xxiv) One engine inoperative missed
approach; (xxv) Non-precision and missed ap-
proach;
(xxvi) Non-precision continuous de-
scent final approach and missed ap-proach;
(xxvii) One engine inoperative non-
precision and missed approach;
(xxviii) One engine inoperative non-
precision CDFA and missed approach;
(xxix) Circling approach at weather
minimums;
(xxx) One engine inoperative circling
approach at weather minimums.
(3) Flight training must include a
final phase check sufficient to docu-ment pilot proficiency in the flight training maneuver profiles at the com-pletion of training; and
(4) Differences training for applicable
MU–2B model variants sufficient to en-sure pilot proficiency in each model op-erated. Current MU–2B differences re-quirements are specified in §91.1707(c). A person must complete Differences training if a person operates more than one MU–2B model as specified in §91.1707(c). Differences training be-tween the factory type design K and M models of the MU–2B airplane, and the factory type design J and L models of the MU–2B airplane, may be accom-plished with Level A training. All other factory type design differences training must be accomplished with Level B training unless otherwise spec-ified in §91.1707(c) . A Level A or B dif-ferences training is not a recurring an-nual requirement. Once a person has completed Initial Level A or B Dif-ferences training between the applica-ble different models, no additional dif-ferences training between those models is required.
(5) Icing training sufficient to ensure
pilot knowledge and safe operation of the MU–2B aircraft in icing conditions as established by the FAA;
(6) Ground and flight training pro-
grams must include training hours identified by §91.1707(a) for ground in-struction, §91.1707(b) for flight instruc-tion, and §91.1707(c) for differences training.
(i) No training credit is given for sec-
ond-in-command training and no credit is given for right seat time under this program. Only the sole manipulator of the controls of the MU–2B airplane, flight training device, or Level C or D
839 Federal Aviation Administration, DOT § 91.1713
simulator can receive training credit
under this program;
(ii) An MU–2B airplane must be oper-
ated in accordance with an FAA ap-proved MU–2B training program that meets the standards of this subpart and the training hours in §91.1707.
(7) Endorsements given for compli-
ance with paragraph (f) of this section must be appropriate to the content of that specific MU–2B training program’s compliance with standards of this sub-part.
§ 91.1707 Training program hours.
(a) Ground instruction hours are list-
ed in the following table: Initial/transition Requalification Recurrent
20 hours ............... 12 hours ............... 8 hours.
(b) Flight instruction hours are listed
in the following table:
Initial/transition Requalification Recurrent
12 hours with a
minimum of 6 hours at level E.8 hours level C or
level E.4 hours at level E,
or 6 hours at level C.
(c) Differences training hours are
listed in the following table:
2 factory type design models concurrently ...................... 1.5 hours required at level B.
More than 2 factory type design models concurrently .... 3 hours at level B. Each additional factory type design model added sepa-
rately.1.5 hours at level B.
(d) Definitions of levels of training as
used in this subpart:
(1) LEVEL A Training—Training that
is conducted through self-instruction by the pilot.
(2) LEVEL B Training—Training that
is conducted in the classroom environ-ment with the aid of a qualified in-structor who meets the requirements of this subpart.
(3) LEVEL C Training—Training that
is accomplished in an FAA-approved Level 5 or 6 flight training device. In addition to the basic FTD require-ments, the FTD must be representative of the MU–2B cockpit controls and be specifically approved by the FAA for the MU–2B airplane.
(4) Level E Training—Training that
must be accomplished in the MU–2B airplane, Level C simulator, or Level D simulator.
§ 91.1709 Training program approval.
To obtain approval for an MU–2B
training program, training providers must submit a proposed training pro-gram to the Administrator.
(a) Only training programs approved
by the Administrator may be used to satisfy the standards of this subpart.
(b) For part 91 training providers,
training programs will be approved for 24 months, unless sooner superseded or rescinded. (c) The Administrator may require
revision of an approved MU–2B training program at any time.
(d) A training provider must present
its approved training program and FAA approval documentation to any rep-resentative of the Administrator, upon request.
§ 91.1711 Aeronautical experience.
No person may act as a pilot in com-
mand of a Mitsubishi MU–2B series air-plane for the purpose of flight unless that person holds an airplane category and multi-engine land class rating, and has logged a minimum of 100 flight hours of PIC time in multi-engine air-planes.
§ 91.1713 Instruction, checking, and
evaluation.
(a) Flight Instructor (Airplane). No
flight instructor may provide instruc-tion or conduct a flight review in a Mitsubishi MU–2B series airplane un-less that flight instructor
(1) Meets the pilot training and docu-
mentation requirements of §91.1705 be-fore giving flight instruction in the Mitsubishi MU–2B series airplane;
(2) Meets the currency requirements
of §§91.1715(a) and 91.1715(c)
(3) Has a minimum total pilot time of
2,000 pilot-in-command hours and 800
840 14 CFR Ch. I (1–1–25 Edition) § 91.1715
pilot-in-command hours in multiengine
airplanes; and
(4) Has: (i) 300 pilot-in-command hours in the
Mitsubishi MU–2B series airplane, 50
hours of which must have been within the preceding 12 months; or
(ii) 100 pilot-in-command hours in the
Mitsubishi MU–2B series airplane, 25 hours of which must have been within the preceding 12 months, and 300 hours providing instruction in a FAA-ap-proved Mitsubishi MU–2B simulator or FAA-approved Mitsubishi MU–2B flight training device, 25 hours of which must have been within the preceding 12 months.
(b) Flight Instructor (Simulator/Flight
Training Device). No flight instructor
may provide instruction for the Mitsubishi MU–2B series airplane un-less that instructor meets the require-ments of this paragraph—
(1) Each flight instructor who pro-
vides flight training for the Mitsubishi MU–2B series airplane must meet the pilot training and documentation re-quirements of §91.1705 before giving flight instruction for the Mitsubishi MU–2B series airplane;
(2) Each flight instructor who pro-
vides flight training for the Mitsubishi MU–2B series airplane must meet the currency requirements of §91.1715(c) be-fore giving flight instruction for the Mitsubishi MU–2B series airplane;
(3) Each flight instructor who pro-
vides flight training for the Mitsubishi MU–2B series airplane must have:
(i) A minimum total pilot time of
2000 pilot–in-command hours and 800 pilot-in-command hours in multiengine airplanes; and
(ii) Within the preceding 12 months,
either 50 hours of Mitsubishi MU–2B se-ries airplane pilot-in-command experi-ence or 50 hours providing simulator or flight training device instruction for the Mitsubishi MU–2B.
(c) Checking and evaluation. No person
may provide checking or evaluation for the Mitsubishi MU–2B series airplane unless that person meets the require-ments of this paragraph—
(1) For the purpose of checking, des-
ignated pilot examiners, training cen-ter evaluators, and check airmen must have completed the appropriate train-ing in the Mitsubishi MU–2B series air-
plane in accordance with §91.1705;
(2) For checking conducted in the
Mitsubishi MU–2B series airplane, each designated pilot examiner and check airman must have 100 hours pilot-in- command flight time in the Mitsubishi MU–2B series airplane and maintain currency in accordance with §91.1715.
§ 91.1715 Currency requirements and
flight review.
(a) The takeoff and landing currency
requirements of §61.57 of this chapter must be maintained in the Mitsubishi MU–2B series airplane. Takeoff and landings in other multiengine air-planes do not meet the takeoff and landing currency requirements for the Mitsubishi MU–2B series plane. Takeoff and landings in either the short-body or long-body Mitsubishi MU–2B model airplane may be credited toward take-off and landing currency for both Mitsubishi MU–2B model groups.
(b) Instrument experience obtained in
other category and class of aircraft may be used to satisfy the instrument currency requirements of §61.57 of this chapter for the Mitsubishi MU–2B se-ries airplane.
(c) Satisfactory completion of a
flight review to satisfy the require-ments of §61.56 of this chapter is valid for operation of a Mitsubishi MU–2B se-ries airplane only if that flight review is conducted in a Mitsubishi MU–2B se-ries airplane or an MU–2B Simulator approved for landings with an approved course conducted under part 142 of this chapter. The flight review for Mitsubishi MU–2B series airplanes must include the Special Emphasis
Items, and all items listed in the Train-
ing Course Final Phase Check in accord-
ance with an approved MU–2B Training Program.
(d) A person who successfully com-
pletes the Initial/transition, Requali-fication, or Recurrent training require-
ments under §91.1705 of this chapter also meet the requirements of §61.56 of this chapter and need not accomplish a separate flight review provided that at least 1 hour of the flight training was conducted in the Mitsubishi MU–2B se-ries airplane or an MU–2B Simulator approved for landings with an approved
841 Federal Aviation Administration, DOT § 91.1721
course conducted under part 142 of this
chapter.
[Docket FAA–2006–24981, Amdt. 91–344, 81 FR
61591, Sept. 7, 2016; Amdt. 91–344A, 82 FR 21472, May 9, 2017]
§ 91.1717 Operating requirements.
(a) Except as provided in paragraph
(b) of this section, no person may oper-ate a Mitsubishi MU–2B airplane in sin-gle pilot operations unless that air-plane has a functional autopilot.
(b) A person may operate a
Mitsubishi MU–2B airplane in single pilot operations without a functional autopilot when—
(1) Operating under day visual flight
rule requirements; or
(2) Authorized under a FAA approved
minimum equipment list for that air-plane, operating under instrument flight rule requirements in daytime visual meteorological conditions.
(c) No person may operate a
Mitsubishi MU–2B series airplane un-
less a copy of the appropriate Mitsubishi Heavy Industries MU–2B Airplane Flight Manual is carried on board the airplane and is accessible during each flight at the pilot station.
(d) No person may operate a
Mitsubishi MU–2B series airplane un-less an MU–2B series airplane check-list, appropriate for the model being operated and accepted by the Federal Aviation Administration MU–2B Flight Standardization Board, is accessible for each flight at the pilot station and is used by the flight crewmembers when operating the airplane.
(e) No person may operate a
Mitsubishi MU–2B series airplane con-trary to the standards of this subpart.
(f) If there are any differences be-
tween the training and operating re-quirements of this subpart and the MU–2B Airplane Flight Manual’s proce-dures sections (Normal, Abnormal, and Emergency) and the MU–2B airplane series checklist incorporated by ref-erence in §91.1721, the person operating the airplane must operate the airplane in accordance with the training speci-fied in this subpart.
§ 91.1719 Credit for prior training.
Initial/transition, requalification, re-
current or Level B differences training conducted prior to November 7, 2016, compliant with SFAR No. 108, Section
3 of this part, is considered to be com-pliant with this subpart, if the student met the eligibility requirements for the applicable category of training and the student’s instructor met the expe-rience requirements of this subpart.
§ 91.1721 Incorporation by reference.
(a) The Mitsubishi Heavy Industries
MU–2B Cockpit Checklists are incor-porated by reference into this part. The Director of the Federal Register ap-proved this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at U.S. Depart-ment of Transportation, Docket Man-agement Facility, Room W 12–140, West Building Ground Floor, 1200 New Jer-sey Ave. SE., Washington, DC 20590– 0001, or at the National Archives and Records Administration, call 202–741– 6030, or go to: http://www.archives.gov/
federal _register/
code _of_federal _regulations/
ibr_locations.html.
(b) Mitsubishi Heavy Industries
America, Inc., 4951 Airport Parkway, Suite 530, Addison, TX 75001.
(1) Mitsubishi Heavy Industries MU–
2B Checklists:
(i) Cockpit Checklist, Model MU–2B–
60, Type Certificate A10SW, MHI Docu-ment No. YET06220C, accepted by FSB on February 12, 2007.
(ii) Cockpit Checklist, Model MU–2B–
40, Type Certificate A10SW, MHI Docu-ment No. YET06256A, accepted by FSB on February 12, 2007.
(iii) Cockpit Checklist, Model MU–
2B–36A, Type Certificate A10SW, MHI Document No. YET06257B, accepted by FSB on February 12, 2007.
(iv) Cockpit Checklist, Model MU–2B–
36, Type Certificate A2PC, MHI Docu-ment No. YET06252B, accepted by FSB on February 12, 2007.
(v) Cockpit Checklist, Model MU–2B–
35, Type Certificate A2PC, MHI Docu-ment No. YET06251B, accepted by FSB on February 12, 2007.
(vi) Cockpit Checklist, Model MU–2B–
30, Type Certificate A2PC, MHI Docu-ment No. YET06250A, accepted by FSB on March 2, 2007.
(vii) Cockpit Checklist, Model MU–
2B–26A, Type Certificate A10SW, MHI
842 14 CFR Ch. I (1–1–25 Edition) Pt. 91, App. A
Document No. YET06255A, accepted by
FSB on February 12, 2007.
(viii) Cockpit Checklist, Model MU–
2B–26, Type Certificate A2PC, MHI Doc-ument No. YET06249A, accepted by FSB on March 2, 2007.
(ix) Cockpit Checklist, Model MU–2B–
26, Type Certificate A10SW, MHI Docu-ment No. YET06254A, accepted by FSB on March 2, 2007.
(x) Cockpit Checklist, Model MU–2B–
25, Type Certificate A10SW, MHI Docu-ment No. YET06253A, accepted by FSB on March 2, 2007.
(xi) Cockpit Checklist, Model MU–2B–
25, Type Certificate A2PC, MHI Docu-ment No. YET06248A, accepted by FSB on March 2, 2007.
(xii) Cockpit Checklist, Model MU–
2B–20, Type Certificate A2PC, MHI Doc-ument No. YET06247A, accepted by FSB on February 12, 2007.
(xiii)–(xiv) [Reserved] (xv) Cockpit Checklist, Model MU–
2B–15, Type Certificate A2PC, MHI Doc-ument No. YET06246A, accepted by FSB on March 2, 2007.
(xvi) Cockpit Checklist, Model MU–
2B–10, Type Certificate A2PC, MHI Doc-ument No. YET06245A, accepted by FSB on March 2, 2007.
(xvii) Cockpit Checklist, Model MU–
2B, Type Certificate A2PC, MHI Docu-ment No. YET06244A, accepted by FSB on March 2, 2007.
(2) [Reserved]
[Docket FAA–2006–24981, Amdt. 91–344, 81 FR
61591, Sept. 7, 2016; Amdt. 91–344A, 82 FR 21472, May 9, 2017]
APPENDIX A TOPART 91—C ATEGORY II
OPERATIONS : M ANUAL , I NSTRU -
MENTS , E QUIPMENT , AND MAINTE -
NANCE
1. Category II Manual
(a) Application for approval. An applicant
for approval of a Category II manual or an amendment to an approved Category II man-ual must submit the proposed manual or amendment to the responsible Flight Stand-ards office. If the application requests an evaluation program, it must include the fol-lowing:
(1) The location of the aircraft and the
place where the demonstrations are to be conducted; and (2) The date the demonstrations are to
commence (at least 10 days after filing the application).
(b) Contents. Each Category II manual
must contain:
(1) The registration number, make, and
model of the aircraft to which it applies;
(2) A maintenance program as specified in
section 4 of this appendix; and
(3) The procedures and instructions related
to recognition of decision height, use of run-way visual range information, approach monitoring, the decision region (the region between the middle marker and the decision height), the maximum permissible devi-ations of the basic ILS indicator within the decision region, a missed approach, use of airborne low approach equipment, minimum altitude for the use of the autopilot, instru-ment and equipment failure warning sys-tems, instrument failure, and other proce-dures, instructions, and limitations that may be found necessary by the Adminis-trator.
2. Required Instruments and Equipment
The instruments and equipment listed in
this section must be installed in each air-craft operated in a Category II operation. This section does not require duplication of instruments and equipment required by §91.205 or any other provisions of this chap-ter.
(a) Group I. (1) Two localizer and glide
slope receiving systems. Each system must provide a basic ILS display and each side of the instrument panel must have a basic ILS display. However, a single localizer antenna and a single glide slope antenna may be used.
(2) A communications system that does not
affect the operation of at least one of the ILS systems.
(3) A marker beacon receiver that provides
distinctive aural and visual indications of the outer and the middle markers.
(4) Two gyroscopic pitch and bank indi-
cating systems.
(5) Two gyroscopic direction indicating
systems.
(6) Two airspeed indicators. (7) Two sensitive altimeters adjustable for
barometric pressure, each having a placarded correction for altimeter scale error and for the wheel height of the aircraft. After June 26, 1979, two sensitive altimeters adjustable
for barometric pressure, having markings at 20-foot intervals and each having a placarded correction for altimeter scale error and for the wheel height of the aircraft.
(8) Two vertical speed indicators. (9) A flight control guidance system that
consists of either an automatic approach coupler or a flight director system. A flight director system must display computed in-formation as steering command in relation to an ILS localizer and, on the same instru-ment, either computed information as pitch
843 Federal Aviation Administration, DOT Pt. 91, App. A
command in relation to an ILS glide slope or
basic ILS glide slope information. An auto-matic approach coupler must provide at least automatic steering in relation to an ILS localizer. The flight control guidance system may be operated from one of the re-ceiving systems required by subparagraph (1) of this paragraph.
(10) For Category II operations with deci-
sion heights below 150 feet either a marker beacon receiver providing aural and visual indications of the inner marker or a radio al-timeter.
(b) Group II. (1) Warning systems for imme-
diate detection by the pilot of system faults in items (1), (4), (5), and (9) of Group I and, if installed for use in Category III operations, the radio altimeter and autothrottle system.
(2) Dual controls. (3) An externally vented static pressure
system with an alternate static pressure source.
(4) A windshield wiper or equivalent means
of providing adequate cockpit visibility for a safe visual transition by either pilot to touchdown and rollout.
(5) A heat source for each airspeed system
pitot tube installed or an equivalent means of preventing malfunctioning due to icing of the pitot system.
3. Instruments and Equipment Approval
(a) General. The instruments and equip-
ment required by section 2 of this appendix must be approved as provided in this section before being used in Category II operations. Before presenting an aircraft for approval of the instruments and equipment, it must be shown that since the beginning of the 12th calendar month before the date of submis-sion—
(1) The ILS localizer and glide slope equip-
ment were bench checked according to the manufacturer’s instructions and found to meet those standards specified in RTCA Paper 23–63/DO–117 dated March 14, 1963, ‘‘Standard Adjustment Criteria for Airborne Localizer and Glide Slope Receivers,’’ which may be obtained from the RTCA Secretariat, 1425 K St., NW., Washington, DC 20005.
(2) The altimeters and the static pressure
systems were tested and inspected in accord-ance with appendix E to part 43 of this chap-ter; and
(3) All other instruments and items of
equipment specified in section 2(a) of this ap-pendix that are listed in the proposed main-tenance program were bench checked and found to meet the manufacturer’s specifica-
tions.
(b) Flight control guidance system. All com-
ponents of the flight control guidance sys-tem must be approved as installed by the evaluation program specified in paragraph (e) of this section if they have not been ap-proved for Category III operations under ap-plicable type or supplemental type certifi-cation procedures. In addition, subsequent
changes to make, model, or design of the components must be approved under this paragraph. Related systems or devices, such as the autothrottle and computed missed ap-proach guidance system, must be approved in the same manner if they are to be used for Category II operations.
(c) Radio altimeter. A radio altimeter must
meet the performance criteria of this para-graph for original approval and after each subsequent alteration.
(1) It must display to the flight crew clear-
ly and positively the wheel height of the main landing gear above the terrain.
(2) It must display wheel height above the
terrain to an accuracy of plus or minus 5 feet or 5 percent, whichever is greater, under the following conditions:
(i) Pitch angles of zero to plus or minus 5
degrees about the mean approach attitude.
(ii) Roll angles of zero to 20 degrees in ei-
ther direction.
(iii) Forward velocities from minimum ap-
proach speed up to 200 knots.
(iv) Sink rates from zero to 15 feet per sec-
ond at altitudes from 100 to 200 feet.
(3) Over level ground, it must track the ac-
tual altitude of the aircraft without signifi-cant lag or oscillation.
(4) With the aircraft at an altitude of 200
feet or less, any abrupt change in terrain
representing no more than 10 percent of the aircraft’s altitude must not cause the altim-eter to unlock, and indicator response to such changes must not exceed 0.1 seconds and, in addition, if the system unlocks for greater changes, it must reacquire the signal in less than 1 second.
(5) Systems that contain a push-to-test
feature must test the entire system (with or without an antenna) at a simulated altitude of less than 500 feet.
(6) The system must provide to the flight
crew a positive failure warning display any time there is a loss of power or an absence of ground return signals within the designed range of operating altitudes.
(d) Other instruments and equipment. All
other instruments and items of equipment required by §2 of this appendix must be capa-ble of performing as necessary for Category II operations. Approval is also required after each subsequent alteration to these instru-ments and items of equipment.
(e) Evaluation program —(1) Application. Ap-
proval by evaluation is requested as a part of the application for approval of the Category II manual.
(2) Demonstrations. Unless otherwise au-
thorized by the Administrator, the evalua-tion program for each aircraft requires the demonstrations specified in this paragraph. At least 50 ILS approaches must be flown with at least five approaches on each of three different ILS facilities and no more than one half of the total approaches on any
844 14 CFR Ch. I (1–1–25 Edition) Pt. 91, App. A
one ILS facility. All approaches shall be
flown under simulated instrument conditions to a 100-foot decision height and 90 percent of the total approaches made must be success-ful. A successful approach is one in which—
(i) At the 100-foot decision height, the indi-
cated airspeed and heading are satisfactory for a normal flare and landing (speed must be plus or minus 5 knots of programmed air-speed, but may not be less than computed threshold speed if autothrottles are used);
(ii) The aircraft at the 100-foot decision
height, is positioned so that the cockpit is within, and tracking so as to remain within, the lateral confines of the runway extended;
(iii) Deviation from glide slope after leav-
ing the outer marker does not exceed 50 per-cent of full-scale deflection as displayed on the ILS indicator;
(iv) No unusual roughness or excessive at-
titude changes occur after leaving the mid-dle marker; and
(v) In the case of an aircraft equipped with
an approach coupler, the aircraft is suffi-ciently in trim when the approach coupler is disconnected at the decision height to allow for the continuation of a normal approach and landing.
(3) Records. During the evaluation program
the following information must be main-tained by the applicant for the aircraft with respect to each approach and made available to the Adninistrator upon request:
(i) Each deficiency in airborne instruments
and equipment that prevented the initiation of an approach.
(ii) The reasons for discontinuing an ap-
proach, including the altitude above the run-way at which it was discontinued.
(iii) Speed control at the 100-foot decision
height if auto throttles are used.
(iv) Trim condition of the aircraft upon
disconnecting the auto coupler with respect to continuation to flare and landing.
(v) Position of the aircraft at the middle
marker and at the decision height indicated both on a diagram of the basic ILS display and a diagram of the runway extended to the
middle marker. Estimated touchdown point must be indicated on the runway diagram.
(vi) Compatibility of flight director with
the auto coupler, if applicable.
(vii) Quality of overall system perform-
ance.
(4) Evaluation. A final evaluation of the
flight control guidance system is made upon successful completion of the demonstrations. If no hazardous tendencies have been dis-played or are otherwise known to exist, the system is approved as installed.
4. Maintenance program
(a) Each maintenance program must con-
tain the following:
(1) A list of each instrument and item of
equipment specified in §2 of this appendix that is installed in the aircraft and approved for Category II operations, including the
make and model of those specified in §2(a).
(2) A schedule that provides for the per-
formance of inspections under subparagraph (5) of this paragraph within 3 calendar months after the date of the previous inspec-tion. The inspection must be performed by a person authorized by part 43 of this chapter, except that each alternate inspection may be replaced by a functional flight check. This functional flight check must be performed by a pilot holding a Category II pilot author-ization for the type aircraft checked.
(3) A schedule that provides for the per-
formance of bench checks for each listed in-strument and item of equipment that is spec-ified in section 2(a) within 12 calendar months after the date of the previous bench check.
(4) A schedule that provides for the per-
formance of a test and inspection of each static pressure system in accordance with appendix E to part 43 of this chapter within 12 calendar months after the date of the pre-vious test and inspection.
(5) The procedures for the performance of
the periodic inspections and functional flight checks to determine the ability of each list-ed instrument and item of equipment speci-fied in section 2(a) of this appendix to per-form as approved for Category II operations including a procedure for recording func-tional flight checks.
(6) A procedure for assuring that the pilot
is informed of all defects in listed instru-ments and items of equipment.
(7) A procedure for assuring that the condi-
tion of each listed instrument and item of equipment upon which maintenance is per-formed is at least equal to its Category II ap-proval condition before it is returned to serv-ice for Category II operations.
(8) A procedure for an entry in the mainte-
nance records required by §43.9 of this chap-ter that shows the date, airport, and reasons for each discontinued Category II operation because of a malfunction of a listed instru-ment or item of equipment.
(b) Bench check. A bench check required by
this section must comply with this para-graph.
(1) It must be performed by a certificated
repair station holding one of the following ratings as appropriate to the equipment checked:
(i) An instrument rating. (ii) A radio rating. (2) It must consist of removal of an instru-
ment or item of equipment and performance of the following:
(i) A visual inspection for cleanliness, im-
pending failure, and the need for lubrication, repair, or replacement of parts;
(ii) Correction of items found by that vis-
ual inspection; and
845 Federal Aviation Administration, DOT Pt. 91, App. D
(iii) Calibration to at least the manufac-
turer’s specifications unless otherwise speci-fied in the approved Category II manual for the aircraft in which the instrument or item of equipment is installed.
(c) Extensions. After the completion of one
maintenance cycle of 12 calendar months, a request to extend the period for checks, tests, and inspections is approved if it is shown that the performance of particular equipment justifies the requested extension.
[Docket 18334, 54 FR 34325, Aug. 18, 1989, as
amended by Amdt. 91–269, 66 FR 41116, Aug. 6, 2001; Docket FAA–2018–0119, Amdt. 91–350, 83 FR 9172, Mar. 5, 2018]
APPENDIXES B—C [R ESERVED ]
APPENDIX D TOPART91—A IRPORTS /LO-
CATIONS : SPECIAL OPERATING RE-
STRICTIONS
Section 1. Locations at which the require-
ments of §91.215(b)(2) and §91.225(d)(2) apply. The requirements of §§91.215(b)(2) and 91.225(d)(2) apply below 10,000 feet MSL with-in a 30-nautical-mile radius of each location in the following list.
Atlanta, GA (Hartsfield-Jackson Atlanta
International Airport)
Baltimore, MD (Baltimore/Washington Inter-
national Thurgood Marshall Airport)
Boston, MA (General Edward Lawrence
Logan International Airport)
Camp Springs, MD (Joint Base Andrews) Chantilly, VA (Washington Dulles Inter-
national Airport)
Charlotte, NC (Charlotte/Douglas Inter-
national Airport)
Chicago, IL (Chicago-O’Hare International
Airport)
Cleveland, OH (Cleveland-Hopkins Inter-
national Airport)
Covington, KY (Cincinnati/Northern Ken-
tucky International Airport)
Dallas, TX (Dallas/Fort Worth International
Airport)
Denver, CO (Denver International Airport) Detroit, MI (Detroit Metropolitan Wayne
County Airport)
Honolulu, HI (Honolulu International Air-
port)
Houston, TX (George Bush Intercontinental/
Houston Airport)
Houston, TX (William P. Hobby Airport) Kansas City, MO (Kansas City International
Airport)
Las Vegas, NV (McCarran International Air-
port)
Los Angeles, CA (Los Angeles International
Airport)
Memphis, TN (Memphis International Air-
port)
Miami, FL (Miami International Airport) Minneapolis, MN (Minneapolis-St. Paul
International/Wold-Chamberlain Airport) Newark, NJ (Newark Liberty International
Airport)
New Orleans, LA (Louis Armstrong New Or-
leans International Airport)
New York, NY (John F. Kennedy Inter-
national Airport)
New York, NY (LaGuardia Airport) Orlando, FL (Orlando International Airport) Philadelphia, PA (Philadelphia International
Airport)
Phoenix, AZ (Phoenix Sky Harbor Inter-
national Airport)
Pittsburgh, PA (Pittsburgh International
Airport)
St. Louis, MO (Lambert-St. Louis Inter-
national Airport)
Salt Lake City, UT (Salt Lake City Inter-
national Airport)
San Diego, CA (Miramar Marine Corps Air
Station)
San Diego, CA (San Diego International Air-
port)
San Francisco, CA (San Francisco Inter-
national Airport)
Seattle, WA (Seattle-Tacoma International
Airport)
Tampa, FL (Tampa International Airport) Washington, DC (Ronald Reagan Washington
National Airport)
Section 2. Airports at which the require-
ments of §91.215(b)(5)(ii) apply. [Reserved]
Section 3. Locations at which fixed-wing
Special VFR operations are prohibited.
The Special VFR weather minimums of
§91.157 do not apply to the following air-ports:
Atlanta, GA (Hartsfield-Jackson Atlanta
International Airport)
Baltimore, MD (Baltimore/Washington Inter-
national Thurgood Marshall Airport)
Boston, MA (General Edward Lawrence
Logan International Airport)
Buffalo, NY (Greater Buffalo International
Airport)
Camp Springs, MD (Joint Base Andrews) Chicago, IL (Chicago-O’Hare International
Airport)
Cleveland, OH (Cleveland-Hopkins Inter-
national Airport)
Columbus, OH (Port Columbus International
Airport)
Covington, KY (Cincinnati/Northern Ken-
tucky International Airport)
Dallas, TX (Dallas/Fort Worth International
Airport)
Dallas, TX (Dallas Love Field Airport) Denver, CO (Denver International Airport) Detroit, MI (Detroit Metropolitan Wayne
County Airport)
Honolulu, HI (Honolulu International Air-
port)
Houston, TX (George Bush Intercontinental/
Houston Airport)
Indianapolis, IN (Indianapolis International
Airport)
Los Angeles, CA (Los Angeles International
Airport)
846 14 CFR Ch. I (1–1–25 Edition) Pt. 91, App. E
Louisville, KY (Louisville International Air-
port-Standiford Field)
Memphis, TN (Memphis International Air-
port)
Miami, FL (Miami International Airport) Minneapolis, MN (Minneapolis-St. Paul
International/Wold-Chamberlain Airport)
Newark, NJ (Newark Liberty International
Airport)
New York, NY (John F. Kennedy Inter-
national Airport)
New York, NY (LaGuardia Airport) New Orleans, LA (Louis Armstrong New Or-
leans International Airport)
Philadelphia, PA (Philadelphia International
Airport)
Pittsburgh, PA (Pittsburgh International
Airport)
Portland, OR (Portland International Air-
port)
San Francisco, CA (San Francisco Inter-
national Airport)
Seattle, WA (Seattle-Tacoma International
Airport)
St. Louis, MO (Lambert-St. Louis Inter-
national Airport)
Tampa, FL (Tampa International Airport) Washington, DC (Ronald Reagan Washington
National Airport)
Section 4. Locations at which solo student,
sport, and recreational pilot activity is not permitted.
Pursuant to §91.131(b)(2), solo student,
sport, and recreational pilot operations are not permitted at any of the following air-ports.
Atlanta, GA (Hartsfield-Jackson Atlanta
International Airport) Boston, MA (General Edward Lawrence
Logan International Airport)
Camp Springs, MD (Joint Base Andrews)
Chicago, IL (Chicago-O’Hare International
Airport)
Dallas, TX (Dallas/Fort Worth International
Airport)
Los Angeles, CA (Los Angeles International
Airport)
Miami, FL (Miami International Airport) Newark, NJ (Newark Liberty International
Airport)
New York, NY (John F. Kennedy Inter-
national Airport)
New York, NY (LaGuardia Airport) San Francisco, CA (San Francisco Inter-
national Airport)
Washington, DC (Ronald Reagan Washington
National Airport)
[Amdt. 91–227, 56 FR 65661, Dec. 17, 1991]
E
DITORIAL NOTE: For F EDERAL REGISTER ci-
tations affecting appendix D to part 91, see the List of CFR Sections Affected, which ap-pears in the Finding Aids section of the printed volume and at www.govinfo.gov.
E
FFECTIVE DATENOTE: By Amdt. 91–236, 59
FR 2918, Jan. 19, 1994, as corrected by Amdt. 91–237, 59 FR 6547, Feb. 11, 1994, appendix D to part 91 was amended in sections 1 and 3 in the Denver, CO, entry by revising ‘‘Stapleton’’ to read ‘‘Denver’’ effective Mar. 9, 1994. By Amdt. 91–238, 59 FR 10958, Mar. 9, 1994, the effective date was delayed to May 15, 1994. By Amdt. 91–241, 59 FR 24916, May 13, 1994, the effective date was suspended indefi-nitely.
APPENDIX E TOPART91—A IRPLANE FLIGHT RECORDER SPECIFICATIONS
Parameters Range Installed system1min-
imum accuracy (to recov-
ered data) Sampling interval (per
second) Resolution4read out
Relative Time (From
Recorded on Prior to Takeoff).8 hr minimum .................. ±0.125% per hour ............ 1 ................................. 1 sec.
Indicated Airspeed ..... Vso to VD (KIAS) ............ ±5% or ±10 kts., which-
ever is greater. Resolu-tion 2 kts. below 175 KIAS.1 ................................. 1%
Altitude ....................... ¥1,000 ft. to max cert.
alt. of A/C.±100 to ±700 ft. (see
Table 1, TSO C51–a).1 ................................. 25 to 150 ft.
Magnetic Heading ..... 360 °................................. ±5°................................... 1 ................................. 1 °
Vertical Acceleration .. ¥3g to + 6g .................... ±0.2g in addition to ±0.3g
maximum datum.4 (or 1 per second
where peaks, ref. to 1g are recorded).0.03g.
Longitudinal Accelera-
tion.±1.0g ................................ ±1.5% max. range ex-
cluding datum error of ±5%.2 ................................. 0.01g.
Pitch Attitude ............. 100% of usable ............... ±2°................................... 1 ................................. 0.8 °
Roll Attitude ............... ±60° or 100% of usable
range, whichever is greater.±2°................................... 1 ................................. 0.8 °
Stabilizer Trim Posi-
tion, or.Full Range ....................... ±3% unless higher
uniquely required.1 ................................. 1%3
Pitch Control Posi-
tion5.
847 Federal Aviation Administration, DOT Pt. 91, App. F
Parameters Range Installed system1min-
imum accuracy (to recov-
ered data) Sampling interval (per
second) Resolution4read out
Engine Power, Each
Engine: Full Range ....................... ±3% unless higher
uniquely required.1 ................................. 1%3
Fan or N1Speed
or EPR or Cockpit indica-tions Used for Aircraft Certifi-cation OR.Maximum Range ............. ±5% ................................. 1 ................................. 1%
Prop. speed and
Torque (Sam-ple Once/Sec as Close to-gether as Prac-ticable)........................................... .......................................... 1 (prop Speed) ..........
1 (torque) ...................1%
1%3
Altitude Rate2(need
depends on altitude resolution).±8,000 fpm ...................... ±10%. Resolution 250
fpm below 12,000 ft. in-dicated.1 ................................. 250 fpm. below
12,000
Angle of Attack2
(need depends on altitude resolution).¥20° to 40 ° or 100% of
usable range.±2°................................... 1 ................................. 0.8%
Radio Transmitter
Keying (Discrete).On/Off .............................. .......................................... 1.
TE Flaps (Discrete or
Analog).Each discrete position (U,
D, T/O, AAP) OR........................................... 1.
LE Flaps (Discrete or
Analog).Analog 0–100% range ..... ±3% ................................. 1 ................................. 1%3
Each discrete position (U,
D, T/O, AAP) OR........................................... 1.
Thrust Reverser,
Each Engine (Dis-crete).Analog 0–100% range ..... ±3°................................... 1 ................................. 1%
Stowed or full reverse.
Spoiler/Speedbrake
(Discrete).Stowed or out .................. .......................................... 1.
Autopilot Engaged
(Discrete).Engaged or Disengaged .......................................... 1.
1When data sources are aircraft instruments (except altimeters) of acceptable quality to fly the aircraft the recording system
excluding these sensors (but including all other characteristics of the recording system) shall contribute no more than half of the
values in this column.
2If data from the altitude encoding altimeter (100 ft. resolution) is used, then either one of these parameters should also be r e-
corded. If however, altitude is recorded at a minimum resolution of 25 feet, then these two parameters can be omitted.
3Per cent of full range.
4This column applies to aircraft manufactured after October 11, 1991.
5For Pitch Control Position only, for all aircraft manufactured on or after April 6, 2012, the sampling interval (per second) is 8.
Each input must be recorded at this rate. Alternately sampling inputs (interleaving) to meet this sampling interval is prohibit ed.
[Docket 18334, 54 FR 34327, Aug. 18, 1989, as amended by Amdt. 91–300, 73 FR 12565, Mar. 7, 2008;
73 FR 15280, Mar. 21, 2008; Amdt. 91–313, 75 FR 17046, Apr. 5, 2010; Amdt. 91–329, 78 FR 39971, July 3, 2013]
APPENDIX F TOPART91—H ELICOPTER FLIGHT RECORDER SPECIFICATIONS
Parameters Range Installed system1min-
imum accuracy (to recov-
ered data) Sampling interval (per
second) Resolution 3 read out
Relative Time (From
Recorded on Prior to Takeoff).4 hr minimum .................. ±0.125% per hour ............ 1 ................................. 1 sec.
Indicated Airspeed ..... VM in to VD (KIAS) (min-
imum airspeed signal attainable with installed pilot-static system).±5% or ±10 kts., which-
ever is greater.1 ................................. 1 kt.
Altitude ....................... ¥1,000 ft. to 20,000 ft.
pressure altitude.±100 to ±700 ft. (see
Table 1, TSO C51–a).1 ................................. 25 to 150 ft.
Magnetic Heading ..... 360 °................................. ±5°................................... 1 ................................. 1 °
Vertical Acceleration .. ¥3g to + 6g .................... ±0.2g in addition to ±0.3g
maximum datum.4 (or 1 per second
where peaks, ref. to 1g are recorded).0.05g.
Longitudinal Accelera-
tion.±1.0g ................................ ±1.5% max. range ex-
cluding datum error of ±5%.2 ................................. 0.03g.
848 14 CFR Ch. I (1–1–25 Edition) Pt. 91, App. G
Parameters Range Installed system1min-
imum accuracy (to recov-
ered data) Sampling interval (per
second) Resolution 3 read out
Pitch Attitude ............. 100% of usable range ..... ±2°................................... 1 ................................. 0.8 °
Roll Attitude ............... ±60 or 100% of usable
range, whichever is greater.±2°................................... 1 ................................. 0.8 °
Altitude Rate .............. ±8,000 fpm ...................... ±10% Resolution 250 fpm
below 12,000 ft. indi-cated.1 ................................. 250 fpm below
12,000.
Engine Power, Each
Engine
Main Rotor Speed ..... Maximum Range ............. ±5% ................................. 1 ................................. 1%2.
Free or Power Tur-
bine.Maximum Range ............. ±5% ................................. 1 ................................. 1%2.
Engine Torque ........... Maximum Range ............. ±5% ................................. 1 ................................. 1%2.
Flight Control
Hydraulic Pressure
Primary (Discrete) ..... High/Low .......................... .......................................... 1.
Secondary—if appli-
cable (Discrete).High/Low .......................... .......................................... 1.
Radio Transmitter
Keying (Discrete).On/Off .............................. .......................................... 1.
Autopilot Engaged
(Discrete).Engaged or Disengaged .......................................... 1.
SAS Status-Engaged
(Discrete).Engaged or Disengaged .......................................... 1.
SAS Fault Status
(Discrete).Fault/OK .......................... .......................................... 1.
Flight Controls
Collective4................. Full range ........................ ±3% ................................. 2 ................................. 1%2.
Pedal Position4......... Full range ........................ ±3% ................................. 2 ................................. 1%2.
Lat. Cyclic4................ Full range ........................ ±3% ................................. 2 ................................. 1%2.
Long. Cyclic4............. Full range ........................ ±3% ................................. 2 ................................. 1%2.
Controllable Stabilator
Position4.Full range ........................ ±3% ................................. 2 ................................. 1%2.
1When data sources are aircraft instruments (except altimeters) of acceptable quality to fly the aircraft the recording system
excluding these sensors (but including all other characteristics of the recording system) shall contribute no more than half of the
values in this column.
2Per cent of full range.
3This column applies to aircraft manufactured after October 11, 1991.
4For all aircraft manufactured on or after April 6, 2012, the sampling interval per second is 4.
[Docket 18334, 54 FR 34328, Aug. 18, 1989; 54 FR 41211, Oct. 5, 1989; 54 FR 53036, Dec. 26, 1989;
Amdt. 91–300, 73 FR 12565, Mar. 7, 2008; 73 FR 15280, Mar. 21, 2008; Amdt. 91–313, 75 FR 17046, Apr. 5, 2010]
APPENDIX G TOPART91—O PERATIONS IN
REDUCED VERTICAL SEPARATION
MINIMUM (RVSM) A IRSPACE
Section 1. Definitions
Reduced Vertical Separation Minimum
(RVSM) Airspace. Within RVSM airspace, air
traffic control (ATC) separates aircraft by a minimum of 1,000 feet vertically between FL 290 and FL 410 inclusive. Air-traffic control notifies operators of RVSM airspace by pro-viding route planning information.
RVSM Group Aircraft. Aircraft within a
group of aircraft, approved as a group by the Administrator, in which each of the aircraft satisfy each of the following:
(a) The aircraft have been manufactured to
the same design, and have been approved under the same type certificate, amended type certificate, or supplemental type cer-
tificate.
(b) The static system of each aircraft is in-
stalled in a manner and position that is the same as those of the other aircraft in the group. The same static source error correc-tion is incorporated in each aircraft of the group.
(c) The avionics units installed in each air-
craft to meet the minimum RVSM equip-ment requirements of this appendix are:
(1) Manufactured to the same manufac-
turer specification and have the same part number; or
(2) Of a different manufacturer or part
number, if the applicant demonstrates that the equipment provides equivalent system performance.
RVSM Nongroup Aircraft. An aircraft that
is approved for RVSM operations as an indi-vidual aircraft.
849 Federal Aviation Administration, DOT Pt. 91, App. G
RVSM Flight envelope. An RVSM flight en-
velope includes the range of Mach number, weight divided by atmospheric pressure ratio, and altitudes over which an aircraft is approved to be operated in cruising flight within RVSM airspace. RVSM flight enve-lopes are defined as follows:
(a) The full RVSM flight envelope is bounded
as follows:
(1) The altitude flight envelope extends
from FL 290 upward to the lowest altitude of the following:
(i) FL 410 (the RVSM altitude limit); (ii) The maximum certificated altitude for
the aircraft; or
(iii) The altitude limited by cruise thrust,
buffet, or other flight limitations.
(2) The airspeed flight envelope extends: (i) From the airspeed of the slats/flaps-up
maximum endurance (holding) airspeed, or the maneuvering airspeed, whichever is lower;
(ii) To the maximum operating airspeed
(V
mo/Mmo), or airspeed limited by cruise
thrust buffet, or other flight limitations, whichever is lower.
(3) All permissible gross weights within the
flight envelopes defined in paragraphs (1) and (2) of this definition.
(b) The basic RVSM flight envelope is the
same as the full RVSM flight envelope ex-cept that the airspeed flight envelope ex-tends:
(1) From the airspeed of the slats/flaps-up
maximum endurance (holding) airspeed, or the maneuver airspeed, whichever is lower;
(2) To the upper Mach/airspeed boundary
defined for the full RVSM flight envelope, or a specified lower value not less than the long-range cruise Mach number plus .04 Mach, unless further limited by available cruise thrust, buffet, or other flight limita-tions.
Section 2. Aircraft Approval
(a) Except as specified in Section 9 of this
appendix, an operator may be authorized to conduct RVSM operations if the Adminis-trator finds that its aircraft comply with this section.
(b) The applicant for authorization shall
submit the appropriate data package for air-craft approval. The package must consist of at least the following:
(1) An identification of the RVSM aircraft
group or the nongroup aircraft;
(2) A definition of the RVSM flight enve-
lopes applicable to the subject aircraft;
(3) Documentation that establishes compli-
ance with the applicable RVSM aircraft re-quirements of this section; and
(4) The conformity tests used to ensure
that aircraft approved with the data package meet the RVSM aircraft requirements.
(c) Altitude-keeping equipment: All aircraft.
To approve an aircraft group or a nongroup aircraft, the Administrator must find that the aircraft meets the following require-
ments:
(1) The aircraft must be equipped with two
operational independent altitude measure-ment systems.
(2) The aircraft must be equipped with at
least one automatic altitude control system that controls the aircraft altitude—
(i) Within a tolerance band of ±65 feet
about an acquired altitude when the aircraft is operated in straight and level flight under nonturbulent, nongust conditions; or
(ii) Within a tolerance band of ±130 feet
under nonturbulent, nongust conditions for aircraft for which application for type cer-tification occurred on or before April 9, 1997 that are equipped with an automatic altitude control system with flight management/per-formance system inputs.
(3) The aircraft must be equipped with an
altitude alert system that signals an alert when the altitude displayed to the flight crew deviates from the selected altitude by more than:
(i) ±300 feet for aircraft for which applica-
tion for type certification was made on or before April 9, 1997; or
(ii) ±200 feet for aircraft for which applica-
tion for type certification is made after April 9, 1997.
(d) Altimetry system error containment: Group
aircraft for which application for type certifi-cation was made on or before April 9, 1997. To
approve group aircraft for which application for type certification was made on or before April 9, 1997, the Administrator must find that the altimetry system error (ASE) is contained as follows:
(1) At the point in the basic RVSM flight
envelope where mean ASE reaches its largest absolute value, the absolute value may not exceed 80 feet.
(2) At the point in the basic RVSM flight
envelope where mean ASE plus three stand-ard deviations reaches its largest absolute value, the absolute value may not exceed 200 feet.
(3) At the point in the full RVSM flight en-
velope where mean ASE reaches its largest absolute value, the absolute value may not exceed 120 feet.
(4) At the point in the full RVSM flight en-
velope where mean ASE plus three standard deviations reaches its largest absolute value, the absolute value may not exceed 245 feet.
(5) Necessary operating restrictions. If the ap-
plicant demonstrates that its aircraft other-wise comply with the ASE containment re-quirements, the Administrator may estab-lish an operating restriction on that appli-cant’s aircraft to restrict the aircraft from operating in areas of the basic RVSM flight envelope where the absolute value of mean ASE exceeds 80 feet, and/or the absolute value of mean ASE plus three standard devi-ations exceeds 200 feet; or from operating in areas of the full RVSM flight envelope where
850 14 CFR Ch. I (1–1–25 Edition) Pt. 91, App. G
the absolute value of the mean ASE exceeds
120 feet and/or the absolute value of the mean ASE plus three standard deviations ex-ceeds 245 feet.
(e) Altimetry system error containment: Group
aircraft for which application for type certifi-cation is made after April 9, 1997. To approve
group aircraft for which application for type certification is made after April 9, 1997, the Administrator must find that the altimetry system error (ASE) is contained as follows:
(1) At the point in the full RVSM flight en-
velope where mean ASE reaches its largest absolute value, the absolute value may not exceed 80 feet.
(2) At the point in the full RVSM flight en-
velope where mean ASE plus three standard deviations reaches its largest absolute value, the absolute value may not exceed 200 feet.
(f) Altimetry system error containment:
Nongroup aircraft. To approve a nongroup air-
craft, the Administrator must find that the altimetry system error (ASE) is contained as follows:
(1) For each condition in the basic RVSM
flight envelope, the largest combined abso-lute value for residual static source error plus the avionics error may not exceed 160 feet.
(2) For each condition in the full RVSM
flight envelope, the largest combined abso-lute value for residual static source error plus the avionics error may not exceed 200 feet.
(g) Traffic Alert and Collision Avoidance
System (TCAS) Compatibility With RVSM Operations: All aircraft. After March 31, 2002, unless otherwise authorized by the Adminis-trator, if you operate an aircraft that is equipped with TCAS II in RVSM airspace, it must be a TCAS II that meets TSO C–119b (Version 7.0), or a later version.
(h) If the Administrator finds that the ap-
plicant’s aircraft comply with this section, the Administrator notifies the applicant in writing.
Section 3. Operator Authorization
(a) Except as specified in Section 9 of this
appendix, authority for an operator to con-duct flight in airspace where RVSM is ap-plied is issued in operations specifications, a Letter of Authorization, or management specifications issued under subpart K of this part, as appropriate. To issue an RVSM au-thorization under this section, the Adminis-trator must find that the operator’s aircraft have been approved in accordance with Sec-
tion 2 of this appendix and the operator com-plies with this section.
(b) Except as specified in Section 9 of this
appendix, an applicant seeking authorization to operate within RVSM airspace must apply in a form and manner prescribed by the Ad-ministrator. The application must include the following:
(1) [Reserved] (2) For an applicant who operates under
part 121 or 135 of this chapter or under sub-part K of this part, initial and recurring pilot training requirements.
(3) Policies and procedures: An applicant
who operates under part 121 or 135 of this chapter or under subpart K of this part must submit RVSM policies and procedures that will enable it to conduct RVSM operations safely.
(c) In a manner prescribed by the Adminis-
trator, an operator seeking authorization under this section must provide evidence that:
(1) It is capable to operate and maintain
each aircraft or aircraft group for which it applies for approval to operate in RVSM air-space; and
(2) Each pilot has knowledge of RVSM re-
quirements, policies, and procedures suffi-cient for the conduct of operations in RVSM airspace.
Section 4. RVSM Operations
(a) Each person requesting a clearance to
operate within RVSM airspace shall cor-rectly annotate the flight plan filed with air traffic control with the status of the oper-ator and aircraft with regard to RVSM ap-proval. Each operator shall verify RVSM ap-plicability for the flight planned route through the appropriate flight planning in-formation sources.
(b) No person may show, on the flight plan
filed with air traffic control, an operator or aircraft as approved for RVSM operations, or operate on a route or in an area where RVSM approval is required, unless:
(1) The operator is authorized by the Ad-
ministrator to perform such operations in accordance with Section 3 or Section 9 of this appendix, as applicable.
(2) The aircraft— (i) Has been approved and complies with
Section 2 this appendix; or
(ii) Complies with Section 9 of this appen-
dix.
(3) Each pilot has knowledge of RVSM re-
quirements, policies, and procedures suffi-cient for the conduct of operations in RVSM airspace.
Section 5. Deviation Authority Approval
The Administrator may authorize an air-
craft operator to deviate from the require-ments of §§91.180 or 91.706 for a specific flight in RVSM airspace if—
(a) The operator submits a request in a
time and manner acceptable to the Adminis-trator; and
(b) At the time of filing the flight plan for
that flight, ATC determines that the aircraft may be provided appropriate separation and that the flight will not interfere with, or im-pose a burden on, RVSM operations.
851 Federal Aviation Administration, DOT Pt. 93
Section 6. Reporting Altitude-Keeping Errors
Each operator shall report to the Adminis-
trator each event in which the operator’s aircraft has exhibited the following altitude- keeping performance:
(a) Total vertical error of 300 feet or more; (b) Altimetry system error of 245 feet or
more; or
(c) Assigned altitude deviation of 300 feet
or more.
Section 7. Removal or Amendment of Authority
The Administrator may prohibit or re-
strict an operator from conducting oper-ations in RVSM airspace, if the Adminis-trator determines that the operator is not complying, or is unable to comply, with this appendix or subpart H of this part. Examples of reasons for amendment, revocation, or re-striction include, but are not limited to, an operator’s:
(a) Committing one or more altitude-keep-
ing errors in RVSM airspace;
(b) Failing to make an effective and timely
response to identify and correct an altitude- keeping error; or
(c) Failing to report an altitude-keeping
error.
Section 8. Airspace Designation
RVSM may be applied in all ICAO Flight
Information Regions (FIRs).
Section 9. Aircraft Equipped With Automatic
Dependent Surveillance—Broadcast Out
An operator is authorized to conduct flight
in airspace in which RVSM is applied pro-vided:
(a) The aircraft is equipped with the fol-
lowing:
(1) Two operational independent altitude
measurement systems.
(2) At least one automatic altitude control
system that controls the aircraft altitude—
(i) Within a tolerance band of ±65 feet
about an acquired altitude when the aircraft is operated in straight and level flight under nonturbulent, nongust conditions; or
(ii) Within a tolerance band of ±130 feet
under nonturbulent, nongust conditions for aircraft for which application for type cer-tification occurred on or before April 9, 1997, that are equipped with an automatic altitude control system with flight management/per-formance system inputs.
(3) An altitude alert system that signals an
alert when the altitude displayed to the flightcrew deviates from the selected alti-tude by more than—
(i) ±300 feet for aircraft for which applica-
tion for type certification was made on or before April 9, 1997; or
(ii) ±200 feet for aircraft for which applica-
tion for type certification is made after April 9, 1997. (4) A TCAS II that meets TSO C–119b
(Version 7.0), or a later version, if equipped with TCAS II, unless otherwise authorized by the Administrator.
(5) Unless authorized by ATC or the foreign
country where the aircraft is operated, an ADS–B Out system that meets the equip-ment performance requirements of §91.227 of
this part. The aircraft must have its height- keeping performance monitored in a form and manner acceptable to the Administrator.
(b) The altimetry system error (ASE) of
the aircraft does not exceed 200 feet when op-erating in RVSM airspace.
[Docket 28870, 62 FR 17487, Apr. 9, 1997, as
amended by Amdt. 91–261, 65 FR 5942, Feb. 7, 2000; Amdt. 91–271, 66 FR 63895, Dec. 10, 2001; Amdt. 91–274, 68 FR 54584, Sept. 17, 2003; Amdt. 91–276, 68 FR 70133, Dec. 17, 2003; Dock-et FAA–2015–1746, Amdt. 91–342, 81 FR 47017, July 20, 2016; Docket FAA–2016–9154, Amdt. 91–348, 82 FR 39664, Aug. 22, 2017; Docket FAA–2017–0782, Amdt. 91–354, 83 FR 65492, Dec. 21, 2018]
PART 93—SPECIAL AIR TRAFFIC
RULES
SPECIAL FEDERAL AVIATION REGULATION NO.
60 [N OTE]
Subpart A—General
Sec.
93.1 Applicability.
Subparts B–C [Reserved ]
Subpart D—Anchorage, Alaska, Terminal
Area
93.51 Applicability.
93.53 Description of area. 93.55 Subdivision of Terminal Area. 93.57 General rules: All segments. 93.59 General rules: International segment. 93.61 General rules: Lake Hood segment. 93.63 General rules: Merrill segment. 93.65 General rules: Elmendorf segment. 93.67 General rules: Bryant segment. 93.68 General rules: Seward Highway seg-
ment.
93.69 Special requirements, Lake Campbell
and Sixmile Lake Airports.
Subpart E—Flight Restrictions in the Vicinity
of Niagara Falls, New York
93.71 General operating procedures.
Subpart F—Valparaiso, Florida, Terminal
Area
93.80 Applicability.
93.81 Applicability and description of area. 93.83 Aircraft operations.
Fly GACA is an independent educational platform. It is not affiliated with, endorsed by, or operated by the General Authority of Civil Aviation (GACA) or the Government of the Kingdom of Saudi Arabia. The official and authoritative source for all civil aviation regulations, publications, and aeronautical information is always GACA. Always verify against the latest official GACA publication at gaca.gov.sa.