714 

14 CFR Ch. I (1–1–14 Edition) 

§ 91.137 

Class A airspace unless that aircraft is 
equipped with the applicable equip-
ment specified in § 91.215, and after Jan-
uary 1, 2020, § 91.225. 

(d) 

ATC authorizations. An operator 

may deviate from any provision of this 
section under the provisions of an ATC 
authorization issued by the ATC facil-
ity having jurisdiction of the airspace 
concerned. In the case of an inoper-
ative transponder, ATC may imme-
diately approve an operation within a 
Class A airspace area allowing flight to 
continue, if desired, to the airport of 
ultimate destination, including any in-
termediate stops, or to proceed to a 
place where suitable repairs can be 
made, or both. Requests for deviation 
from any provision of this section must 
be submitted in writing, at least 4 days 
before the proposed operation. ATC 
may authorize a deviation on a con-
tinuing basis or for an individual 
flight. 

[Doc. No. 24458, 56 FR 65659, Dec. 17, 1991, as 
amended by Amdt. 91–314, 75 FR 30193, May 
28, 2010] 

§ 91.137

Temporary flight restrictions 

in the vicinity of disaster/hazard 
areas. 

(a) The Administrator will issue a 

Notice to Airmen (NOTAM) desig-
nating an area within which temporary 
flight restrictions apply and specifying 
the hazard or condition requiring their 
imposition, whenever he determines it 
is necessary in order to— 

(1) Protect persons and property on 

the surface or in the air from a hazard 
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. 

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