726
14 CFR Ch. I (1–1–19 Edition)
§ 91.139
flight restrictions apply. The Adminis-
trator will designate the extent and du-
ration of the temporary flight restric-
tions necessary to provide for the pro-
tection 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 des-
ignated area unless at least one of the
following conditions is met:
(1) That person has obtained author-
ization 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 en-
forcement officials.
(3) The aircraft is carrying persons
involved in an emergency or a legiti-
mate 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 compli-
ance with the conditions and restric-
tions established by the official in
charge of on-scene emergency response
activities.
(5) The aircraft is operating in ac-
cordance with an ATC clearance or in-
struction.
(c) A NOTAM issued under this sec-
tion is effective for 90 days or until the
national disaster area designation is
terminated, whichever comes first, un-
less terminated by notice or extended
by the Administrator at the request of
the Governor of the State of Hawaii or
the Governor’s designee.
[Doc. No. 26476, 56 FR 23178, May 20, 1991, as
amended by Amdt. 91–270, 66 FR 47377, Sept.
11, 2001]
§ 91.139
Emergency air traffic rules.
(a) This section prescribes a process
for utilizing Notices to Airmen
(NOTAMs) to advise of the issuance
and operations under emergency air
traffic rules and regulations and des-
ignates the official who is authorized
to issue NOTAMs on behalf of the Ad-
ministrator in certain matters under
this section.
(b) Whenever the Administrator de-
termines that an emergency condition
exists, or will exist, relating to the
FAA’s ability to operate the air traffic
control system and during which nor-
mal flight operations under this chap-
ter cannot be conducted consistent
with the required levels of safety and
efficiency—
(1) The Administrator issues an im-
mediately effective air traffic rule or
regulation in response to that emer-
gency condition; and
(2) The Administrator or the Asso-
ciate Administrator for Air Traffic
may utilize the NOTAM system to pro-
vide notification of the issuance of the
rule or regulation.
Those NOTAMs communicate informa-
tion concerning the rules and regula-
tions that govern flight operations, the
use of navigation facilities, and des-
ignation of that airspace in which the
rules and regulations apply.
(c) When a NOTAM has been issued
under this section, no person may oper-
ate an aircraft, or other device gov-
erned by the regulation concerned,
within the designated airspace except
in accordance with the authorizations,
terms, and conditions prescribed in the
regulation covered by the NOTAM.
§ 91.141
Flight restrictions in the prox-
imity 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 fig-
ures contrary to the restrictions estab-
lished by the Administrator and pub-
lished in a Notice to Airmen (NOTAM).
§ 91.143
Flight limitation in the prox-
imity of space flight operations.
When a Notice to Airmen (NOTAM) is
issued in accordance with this section,
no person may operate any aircraft of
U.S. registry, or pilot any aircraft
under the authority of an airman cer-
tificate issued by the Federal Aviation
Administration, within areas des-
ignated in a NOTAM for space flight
operation except when authorized by
ATC.
[Doc. No. FAA–2004–19246, 69 FR 59753, Oct. 5,
2004]
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