721 

Federal Aviation Administration, DOT 

§ 91.129 

(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 
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. 

[Doc. No. 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. 

[Doc. No. 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 

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