operating without an operational transponder, and/or
the ability to maintain two-way radio communications with ATC, are authorized to operate to or from
U.S. territorial airspace over Alaska if in compliance
with all of the following conditions:
1. Depart and land at an airport within the U.S.
or Canada;
2. Enter or exit U.S. territorial airspace over
Alaska north of the fifty-fourth parallel;
3. File and are on an active flight plan;
4. Comply with all other applicable ADIZ
requirements described in paragraph 5-6-4 and any
other national security requirements in paragraph
5-6-2;
5. Squawk 1200 if VFR and equipped with a
transponder; and
6. Comply with all applicable U.S. CBP
requirements, including Advance Passenger Information System (APIS) requirements (see
subparagraph 5-6-5c below for CBP APIS information), in accordance with 19 CFR Part 122, Air
Commerce Regulations.
c. CBP APIS Information. Information about
U.S. CBP APIS requirements is available at
http://www.cbp.gov.
5-6-6. Civil Aircraft Operations Within U.S.
Territorial Airspace
a. Civil aircraft with a maximum certificated
takeoff gross weight less than or equal to 100,309
pounds (45,500 kgs) are authorized to operate within
U.S. territorial airspace in accordance with all
applicable regulations and VFR in airport traffic
pattern areas of U.S. airports near the U.S. border,
except for those described in subparagraph 5-6-6b
below.
b. Civil aircraft with a maximum certificated
takeoff gross weight less than or equal to 100,309
pounds (45,500 kgs) and registered in a U.S. State
Department-designated special interest country or
operating with the ICAO 3LD of a company in a
country listed as a U.S. State Department-designated
special interest country, unless the operator holds
valid FAA Part 129 operations specifications, must
operate within U.S. territorial airspace in accordance
with the same requirements as civil aircraft with a

5-6-4

maximum certificated takeoff gross weight greater
than 100,309 pounds (45,500 kgs), as described in
subparagraph 5-6-6c below.
c. Civil aircraft with a maximum certificated
takeoff gross weight greater than 100,309 pounds
(45,500 kgs) are authorized to operate within U.S.
territorial airspace if in compliance with all of the
following conditions:
1. File and are on an active flight plan (IFR or
VFR);
2. Equipped with an operational transponder
with altitude reporting capability, and continuously
squawk an ATC assigned transponder code;
3. Maintain two-way radio communications
with ATC;
4. Aircraft not registered in the U.S. must
operate under an approved Transportation Security
Administration (TSA) aviation security program (see
paragraph 5-6-10 for TSA aviation security program
information) or in accordance with an FAA/TSA
airspace waiver (see paragraph 5-6-9 for FAA/TSA
airspace waiver information), except as authorized in
5-6-6c6. below;
5. Are in receipt of, and are operating in
accordance with an FAA routing authorization and an
FAA/TSA airspace waiver if the aircraft is registered
in a U.S. State Department-designated special
interest country or is operating with the ICAO 3LD of
a company in a country listed as a U.S. State
Department-designated special interest country,
unless the operator holds valid FAA Part 129
operations specifications. VFR and DVFR flight
operations are prohibited for any aircraft requiring an
FAA routing authorization. (See paragraph 5-6-11
for FAA routing authorization information.); and
6. Aircraft not registered in the U.S., when
conducting post-maintenance, manufacturer, production, or acceptance flight test operations, are
exempt from the requirements in 5-6-6c4 above if all
of the following requirements are met:
(a) A U.S. company must have operational
control of the aircraft;
(b) An FAA-certificated pilot must serve as
pilot in command;
(c) Only crewmembers are permitted onboard
the aircraft; and
(d) "Maintenance Flight" is included in the
remarks section of the flight plan.

National Security and Interception Procedures