Federal Aviation Administration, DOT

Section 91.129

(c) Flap settings. Except when necessary for training or certification, the
pilot in command of a civil turbojetpowered aircraft must use, as a final
flap setting, the minimum certificated
landing flap setting set forth in the approved performance information in the
Airplane Flight Manual for the applicable conditions. However, each pilot
in command has the final authority
and responsibility for the safe operation of the pilot-s airplane, and may
use a different flap setting for that airplane if the pilot determines that it is
necessary in the interest of safety.
(d) Communications with control towers. Unless otherwise authorized or required by ATC, no person may operate
an aircraft to, from, through, or on an
airport having an operational control
tower unless two-way radio communications are maintained between that
aircraft and the control tower. Communications must be established prior to 4
nautical miles from the airport, up to
and including 2,500 feet AGL. However,
if the aircraft radio fails in flight, the
pilot in command may operate that
aircraft and land if weather conditions
are at or above basic VFR weather
minimums, visual contact with the
tower is maintained, and a clearance to
land is received. If the aircraft radio
fails while in flight under IFR, the
pilot must comply with Section 91.185.

kpayne on VMOFRWIN702 with $$_JOB

[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]

Section 91.127 Operating on or in the vicinity
of an airport in Class E airspace.
(a) Unless otherwise required by part
93 of this chapter or unless otherwise
authorized or required by the ATC facility having jurisdiction over the
Class E airspace area, each person operating an aircraft on or in the vicinity
of an airport in a Class E airspace area
must comply with the requirements of
Section 91.126.
(b) Departures. Each pilot of an aircraft must comply with any traffic patterns established for that airport in
part 93 of this chapter.
(c) Communications with control towers. Unless otherwise authorized or required by ATC, no person may operate
an aircraft to, from, through, or on an

airport having an operational control
tower unless two-way radio communications are maintained between that
aircraft and the control tower. Communications must be established prior to 4
nautical miles from the airport, up to
and including 2,500 feet AGL. However,
if the aircraft radio fails in flight, the
pilot in command may operate that
aircraft and land if weather conditions
are at or above basic VFR weather
minimums, visual contact with the
tower is maintained, and a clearance to
land is received. If the aircraft radio
fails while in flight under IFR, the
pilot must comply with Section 91.185.
[Doc. No. 24458, 56 FR 65658, Dec. 17, 1991, as
amended by Amdt. 91-239, 59 FR 11693, Mar.
11, 1994]

Section 91.129 Operations in Class D airspace.
(a) General. Unless otherwise authorized or required by the ATC facility
having jurisdiction over the Class D
airspace area, each person operating an
aircraft in Class D airspace must comply with the applicable provisions of
this section. In addition, each person
must comply with SectionSection 91.126 and 91.127.
For the purpose of this section, the primary airport is the airport for which
the Class D airspace area is designated.
A satellite airport is any other airport
within the Class D airspace area.
(b) Deviations. An operator may deviate from any provision of this section
under the provisions of an ATC authorization issued by the ATC facility having jurisdiction over the airspace concerned. ATC may authorize a deviation
on a continuing basis or for an individual flight, as appropriate.
(c) Communications. Each person operating an aircraft in Class D airspace
must meet the following two-way radio
communications requirements:
(1) Arrival or through flight. Each person must establish two-way radio communications with the ATC facility (including foreign ATC in the case of foreign airspace designated in the United
States) providing air traffic services
prior to entering that airspace and
thereafter maintain those communications while within that airspace.
(2) Departing flight. Each person - 
(i) From the primary airport or satellite airport with an operating control

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