Federal Aviation Administration, DOT Section 99.13 comply with special security instructions issued by the Administrator in the interest of national security, pursuant to agreement between the FAA and the Department of Defense, or between the FAA and a U.S. Federal security or intelligence agency. [69 FR 16756, Mar. 30, 2004] Section 99.9 Radio requirements. (a) A person who operates a civil aircraft into an ADIZ must have a functioning two-way radio, and the pilot must maintain a continuous listening watch on the appropriate aeronautical facility-s frequency. (b) No person may operate an aircraft into, within, or whose departure point is within an ADIZ unless - (1) The person files a DVFR flight plan containing the time and point of ADIZ penetration, and (2) The aircraft departs within five minutes of the estimated departure time contained in the flight plan. (c) If the pilot operating an aircraft under DVFR in an ADIZ cannot maintain two-way radio communications, the pilot may proceed, in accordance with original DVFR flight plan, or land as soon as practicable. The pilot must report the radio failure to an appropriate aeronautical facility as soon as possible. (d) If a pilot operating an aircraft under IFR in an ADIZ cannot maintain two-way radio communications, the pilot must proceed in accordance with Section 91.185 of this chapter. [Doc. No. FAA-2001-10693, 66 FR 49822, Sept. 28, 2001, as amended at 69 FR 16756, Mar. 30, 2004] kpayne on VMOFRWIN702 with $$_JOB Section 99.11 ADIZ flight plan requirements. (a) No person may operate an aircraft into, within, or from a departure point within an ADIZ, unless the person files, activates, and closes a flight plan with the appropriate aeronautical facility, or is otherwise authorized by air traffic control. (b) Unless ATC authorizes an abbreviated flight plan - (1) A flight plan for IFR flight must contain the information specified in Section 91.169; and (2) A flight plan for VFR flight must contain the information specified in Section 91.153(a) (1) through (6). (3) If airport of departure is within the Alaskan ADIZ and there is no facility for filing a flight plan then: (i) Immediately after takeoff or when within range of an appropriate aeronautical facility, comply with provisions of paragraph (b)(1) or (b)(2) as appropriate. (ii) Proceed according to the instructions issued by the appropriate aeronautical facility. (c) The pilot shall designate a flight plan for VFR flight as a DVFR flight plan. (d) The pilot in command of an aircraft for which a flight plan has been filed must file an arrival or completion notice with an appropriate aeronautical facility. [Doc. No. 25113, 53 FR 18217, May 20, 1988; 53 FR 44182, Nov. 2, 1988, as amended by Amdt. 99-15, 54 FR 34331, Aug. 18, 1989; 66 FR 49822, Sept. 28, 2001; 69 FR 16756, Mar. 30, 2004] Section 99.12 [Reserved] Section 99.13 Transponder-on requirements. (a) Aircraft transponder-on operation. Each person operating an aircraft into or out of the United States into, within, or across an ADIZ designated in subpart B of this part, if that aircraft is equipped with an operable radar beacon transponder, shall operate the transponder, including altitude encoding equipment if installed, and shall reply on the appropriate code or as assigned by ATC. (b) ATC transponder equipment and use. Effective September 7, 1990, unless otherwise authorized by ATC, no person may operate a civil aircraft into or out of the United States into, within, or across the contiguous U.S. ADIZ designated in subpart B of this part unless that aircraft is equipped with a coded radar beacon transponder. (c) ATC transponder and altitude reporting equipment and use. Effective December 30, 1990, unless otherwise authorized by ATC, no person may operate a civil aircraft into or out of the United States into, within, or across the contiguous U.S. ADIZ unless that aircraft is equipped with a coded radar beacon transponder and automatic 909 VerDate Sep<11>2014 16:30 Jun 25, 2019 Jkt 247047 PO 00000 Frm 00919 Fmt 8010 Sfmt 8010 Q:\14\14V2.TXT PC31