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Federal Aviation Administration, DOT 

§ 91.139 

(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 
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. 

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