Section 91.139

14 CFR Ch. I (1-1-19 Edition)

flight restrictions apply. The Administrator will designate the extent and duration of the temporary flight restrictions necessary to provide for the protection 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 designated area unless at least one of the
following conditions is met:
(1) That person has obtained authorization 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 enforcement officials.
(3) The aircraft is carrying persons
involved in an emergency or a legitimate 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 compliance with the conditions and restrictions established by the official in
charge of on-scene emergency response
activities.
(5) The aircraft is operating in accordance with an ATC clearance or instruction.
(c) A NOTAM issued under this section is effective for 90 days or until the
national disaster area designation is
terminated, whichever comes first, unless terminated by notice or extended
by the Administrator at the request of
the Governor of the State of Hawaii or
the Governor-s designee.

kpayne on VMOFRWIN702 with $$_JOB

[Doc. No. 26476, 56 FR 23178, May 20, 1991, as
amended by Amdt. 91-270, 66 FR 47377, Sept.
11, 2001]

Section 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 designates the official who is authorized
to issue NOTAMs on behalf of the Administrator in certain matters under
this section.
(b) Whenever the Administrator determines that an emergency condition

exists, or will exist, relating to the
FAA-s ability to operate the air traffic
control system and during which normal flight operations under this chapter cannot be conducted consistent
with the required levels of safety and
efficiency - 
(1) The Administrator issues an immediately effective air traffic rule or
regulation in response to that emergency condition; and
(2) The Administrator or the Associate Administrator for Air Traffic
may utilize the NOTAM system to provide notification of the issuance of the
rule or regulation.
Those NOTAMs communicate information concerning the rules and regulations that govern flight operations, the
use of navigation facilities, and designation of that airspace in which the
rules and regulations apply.
(c) When a NOTAM has been issued
under this section, no person may operate an aircraft, or other device governed 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.
Section 91.141 Flight restrictions in the proximity 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 figures contrary to the restrictions established by the Administrator and published in a Notice to Airmen (NOTAM).
Section 91.143 Flight limitation in the proximity 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 certificate issued by the Federal Aviation
Administration, within areas designated 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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