 FAR
Part 91
What's Relevant to Us
Fortunately, Ultralight pilots need not worry about complying
with most of this far more complicated regulation. There are, however, a few
references in part 103 that require compliance with portions of part 91. They
are mostly intended to keep us, along with other general aviation, away from
sensitive airspace. Given new security concerns it is critical to have some
understanding of these directives which popped into being after Sept, 11, 2001.
Note that the NOTAMs referred to in this regulation can be
found by calling Flight Service at 1.800.WX-BRIEF.
§ 91.137 Temporary flight restrictions in the
vicinity of disaster/hazard areas.
(a) The Administrator will issue a Notice to Airmen (NOTAM)
designating an area within which temporary flight restrictions apply and
specifying the hazard or condition requiring their imposition, whenever he
determines it is necessary in order to—
(1) Protect persons and property on the surface or in the air
from a hazard associated with an incident on the surface;
(2) Provide a safe environment for the operation of disaster
relief aircraft; or
(3) Prevent an unsafe congestion of sightseeing and other
aircraft above an incident or event which may generate a high degree of public
interest.
The Notice to Airmen will specify the hazard or condition that
requires the imposition of temporary flight restrictions.
(b) When a NOTAM has been issued under paragraph (a)(1) of
this section, no person may operate an aircraft within the designated area
unless that aircraft is participating in the hazard relief activities and is
being operated under the direction of the official in charge of on scene
emergency response activities.
(c) When a NOTAM has been issued under paragraph (a)(2) of
this section, no person may operate an aircraft within the designated area
unless at least one of the following conditions are met:
(1) The aircraft is participating in hazard relief activities
and is being operated under the direction of the official in charge of on scene
emergency response activities.
(2) The aircraft is carrying law enforcement officials.
(3) The aircraft is operating under the ATC approved IFR
flight plan.
(4) The operation is conducted directly to or from an airport
within the area, or is necessitated by the impracticability of VFR flight above
or around the area due to weather, or terrain; notification is given to the
Flight Service Station (FSS) or ATC facility specified in the NOTAM to receive
advisories concerning disaster relief aircraft operations; and the operation
does not hamper or endanger relief activities and is not conducted for the
purpose of observing the disaster.
(5) The aircraft is carrying properly accredited news
representatives, and, prior to entering the area, a flight plan is filed with
the appropriate FAA or ATC facility specified in the Notice to Airmen and the
operation is conducted above the altitude used by the disaster relief aircraft,
unless otherwise authorized by the official in charge of on scene emergency
response activities.
(d) When a NOTAM has been issued under paragraph (a)(3) of
this section, no person may operate an aircraft within the designated area
unless at least one of the following conditions is met:
(1) The operation is conducted directly to or from an airport
within the area, or is necessitated by the impracticability of VFR flight above
or around the area due to weather or terrain, and the operation is not conducted
for the purpose of observing the incident or event.
(2) The aircraft is operating under an ATC approved IFR flight
plan.
(3) The aircraft is carrying incident or event personnel, or
law enforcement officials.
(4) The aircraft is carrying properly accredited news
representatives and, prior to entering that area, a flight plan is filed with
the appropriate FSS or ATC facility specified in the NOTAM.
(e) Flight plans filed and notifications made with an FSS or
ATC facility under this section shall include the following information:
(1) Aircraft identification, type and color.
(2) Radio communications frequencies to be used.
(3) Proposed times of entry of, and exit from, the designated
area.
(4) Name of news media or organization and purpose of flight.
(5) Any other information requested by ATC.
§ 91.138 Temporary flight restrictions in national
disaster areas in the State of Hawaii.
(a) When the Administrator has determined, pursuant to a
request and justification provided by the Governor of the State of Hawaii, or
the Governor's designee, that an inhabited area within a declared national
disaster area in the State of Hawaii is in need of protection for humanitarian
reasons, the Administrator will issue a Notice to Airmen (NOTAM) designating an
area within which temporary flight restrictions apply. The Administrator will
designate the extent and duration of the temporary flight restrictions necessary
to provide for the protection 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 designated area unless at
least one of the following conditions is met:
(1) That person has obtained authorization from the official
in charge of associated emergency or disaster relief response activities, and is
operating the aircraft under the conditions of that authorization.
(2) The aircraft is carrying law enforcement officials.
(3) The aircraft is carrying persons involved in an emergency
or a legitimate 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
compliance with the conditions and restrictions established by the official in
charge of on-scene emergency response activities.
(5) The aircraft is operating in accordance with an ATC
clearance or instruction.
(c) A NOTAM issued under this section is effective for 90 days
or until the national disaster area designation is terminated, whichever comes
first, unless terminated by notice or extended by the Administrator at the
request of the Governor of the State of Hawaii or the Governor's designee.
§ 91.141 Flight restrictions in the proximity 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 figures contrary to the restrictions established by the
Administrator and published in a Notice to Airmen (NOTAM).
§ 91.143 Flight limitation in the proximity of space
flight operations.
No person may operate any aircraft of U.S. registry, or pilot
any aircraft under the authority of an airman certificate issued by the Federal
Aviation Administration within areas designated in a Notice to Airmen (NOTAM)
for space flight operations except when authorized by ATC, or operated under the
control of the Department of Defense Manager for Space Transportation System
Contingency Support Operations.
 § 91.145 Management
of aircraft operations in the vicinity of aerial demonstrations 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 property on the surface or in the air, to maintain air safety and efficiency,
or to prevent the unsafe congestion of aircraft in the vicinity of an aerial
demonstration or major sporting event. These demonstrations and events may
include:
(1) United States Naval Flight Demonstration Team (Blue
Angels);
(2) United States Air Force Air Demonstration 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 following 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 performance aircraft.
(10) Impact on non-participating aircraft.
(11) Weather minimums.
(12) Emergency procedures that will be in effect.
(c) A NOTAM issued under this section 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
procedures 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 designated airspace area, except in accordance 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 aircraft will vary depending on the aerial
demonstration and the factors listed in paragraph (b) of this section. The
restricted 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 aircraft operations in the vicinity of the
specified area.
(2) Flight restricted area for a major sporting event—The
amount of airspace needed to protect persons and property on the surface or in
the air, to maintain air safety and efficiency, or to prevent the unsafe
congestion of aircraft will vary depending on the size of the event and the
factors listed in paragraph (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 section 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 Administrator may exclude the
following flights from the provisions of this section:
(1) Essential military.
(2) Medical and rescue.
(3) Presidential and Vice Presidential.
(4) Visiting heads of state.
(5) Law enforcement and security.
(6) Public health and welfare.
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