725 

Federal Aviation Administration, DOT 

§ 91.138 

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. 

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 

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