2/28/97 AC91-63B
U.S. Department of Transportation
Federal Aviation Administration
Subject: TEMPORARY FLIGHT RESTRICTIONS Date: AC No: 91-63C (TFRs/TFR) Initiated by: ATO-R
ADVISORY
CIRCULAR
1. WHAT IS THE PURPOSE OF THIS ADVISORY CIRCULAR?
6. RELATED READING MATERIAL.
Users of this AC should refer to the following:
This advisory circul ar ( AC): (1) e xplains a nd defines th e di fferent Tem porary Flight Restrictions (TFRs); (2) describes co nditions un der w hich t he Federal A viation A dministration (F AA) may establish a TFR area; ( 3) expla ins which FAA offices are a uthorized t o i ssue TFRs; (4) lists t he agencies/offices fro m which the FAA will acc ept requests to establish a TFR area; and (5) provides an appendix for each type of TFR.
a. 14 CFR part 91, Sec tion 9 1.137, Tem porary Flight Restrictions in the Vicinity of Disaster/Hazard Areas;
b. 14 CFR part 91, Sec tion 9 1.138, Tem porary Flight Restrictions in National Disaster Areas in the State of Hawaii;
c. 14 CFR part 91, Section 9 1.139, Emergency Air Traffic Rules;
2. EFFECTIVE DATE. d. 14 CFR p art 91, Se ction 91 .141, F light Restrictions in the Proximity of the Presidential and Other Parties;
This advisory circular is effective on May 20, 2004.
e. 14 CFR p art 91, Se ction 91 .143, F light Limitation i n the Proxi mity of Sp ace Fli ght Operations;
3. CANCELLATION.
Advisory C ircular, A C 9 1-63B, Temporary Flight Restrictions, dated February 28, 1997, is canceled. f. 14 CFR part 91, Section 91.145, Management of Aircraft Operations in the Vicinity o f Aerial Demonstrations and Major Sporting Events;
4. AUTHORITY.
g. 14 CFR p art 99, Sec tion 9 9.7, Sp ecial Security Instructions; and
a. The FAA has authority t o form ulate poli cy regarding the navi gable a irspace (Tit le 49 Uni ted States Code, Section 40103).
h. AC 91-45, Aviation Events.
b. Title 14 of t he C ode of Fe deral Re gulations (14 CFR) par ts 91 a nd 9 9 cont ain regu lations for addressing temporary flight restrictions.
7. WHAT IS A TFR?
A TFR is a regulatory act ion issued via the U.S.
Notice to Air men ( NOTAM) syste m to restrict certain aircraft from operating within a defined area, on a tem porary basis, to pro tect persons or property in the air or on the ground.
5. EXPLANATION OF CHANGES.
This AC has been updated to cl arify the purpose of each TFR t hat the FAA may issue, and corre ct references to 14 CFR parts 91 and 99.
AAC 91-63C 5/20/04 APPENDIX 6
8. WHAT CIRCUMSTANCES MIGHT CAUSE THE FAA TO ISSUE A TFR?
11. WHERE DO I FIND OUT IF A TFR HAS BEEN ISSUED FOR A SPECIFIC AREA? While not a n exhaustive list, a TF R may be issued for the following reasons: toxic gas leaks or spil ls; fumes fro m fla mmable agents which, i f fann ed b y rot or or p ropeller wash, co uld endanger persons or property on the sur face or in other aircraft; volcanic eruptions that could endanger airborne aircraft a nd oc cupants; h ijacking i ncidents that m ay endan ger persons or pr operty on the surface, or air borne aircr aft and oc cupants; a ircraft accident/incident sites; aviation or ground resources engaged in wildfire suppression; air craft relief activities following a disaster; aerial demonstrations or major sporting e vents; or reasons of nati onal security.
National Airs pace System (NAS) users or other interested parties s hould c ontact t he nearest fl ight service station for TFR info rmation. A dditionally, you ca n fin d TFR info rmation o n aut omated briefings, NOTAM publications, and on the Internet at http://www.faa.gov. The FAA also distri butes TFR inform ation to aviation user gro ups a nd requests these groups to further disse minate the information to their members.
12. CAN A TFR BE IMPLEMENTED IN
AIRSPACE OUTSIDE OF THE UNITED STATES AND ITS TERRITORIES?
9. ARE THERE DIFFERENT TYPES OF TFRs? No. TFRs are only implemented for sovereign U.S.
airspace and its territories. If restrictions are located in a n area that ex tends b eyond th e 1 2-mile c oastal limit or a U.S border, the NOTAM wi ll c ontain language l imiting the restri ction t o the a irspace of the U.S., a nd its t erritories and possessions.
However, the FAA may is sue an a dvisory of any hazard or da ngerous inf ormation outsi de of the sovereign U .S. airspa ce a nd i ts t erritories v ia t he NOTAM System to inform affected users.
Yes. The FA A issues TFRs under t he foll owing regulations:
(1) Section 9 1.137, Tem porary Flight Restrictions i n the Vici nity of Disaster/Hazard Areas;
(2) Section 9 1.138, Tem porary Flight Restrictions i n Natio nal Disaster Areas in the St ate of Hawaii;
If the U.S. deci des t o rest rict U.S. ope rations or operators of U .S. registered aircraft from operating over c ertain foreign co untries, th e FAA i ssues a Special Federal Aviation Regulation.
(3) Section 9 1.139, Em ergency A ir Traffic Rules;
(4) Section 9 1.141, Fli ght R estrictions in t he Proximity of the Presidential and Other Parties;
13. WHO CAN REQUEST A TFR?
(5) Section 91.143, Fli ght Li mitation i n the Proximity of Space Flight Operations; A TFR may be req uested by vari ous enti ties, including: military co mmands; federa l security/intelligence a gencies; regi onal directors of the Office of Em ergency Planning, C ivil Defense State Direct ors; c ivil authorities directing or coordinating organized r elief air operations (e .g., Office of Em ergency Planni ng; law enforcem ent agencies; U. S. Forest Service ; stat e a eronautical agencies); Sta te Governors; FAA Flight Standards District Offi ce, aviation eve nt orga nizers, or sporting event officials.
(6) Section 9 1.145, M anagement of A ircraft Operations in the Vicinity of Aerial Demonstrations and Major Sporting Events; and
(7) Section 99.7, Special Security Instructions.
10. HOW DO I FIND OUT MORE INFORMATION REGARDING TFRs?
You c an fi nd more deta iled i nformation regard ing TFRs in this AC, in 14 CFR parts 91 and 99, and in the Aeronautical Information Manual.
APPENDIX 6 1
14. WHO CAN ISSUE A TFR?
FAA Headquarters or the Di rectors of Terminal or En Route and Oceanic Area Operations (or their designee) having jurisdiction over the area concerned may issue a TFR.
15. TO WHAT DEGREE ARE RESTRICTIONS ISSUED?
Restrictions are kept to the minimum area and duration necessary that will address the situation.
16. DOES THE NOTAM HAVE TO SPECIFY A REASON FOR A TFR?
Any NOTAM that implements a TFR should specify the reason for the flight restriction.
17. WHAT FACTORS DOES THE FAA
CONSIDER WHEN DETERMINING THE
NEED FOR A RESTRICTION UNDER THESE TFR REGULATIONS?
The FAA manages the navigable airspace to ensure the safety of aircraft and the efficient utilization of the airspace. In managing the navigable airspace and implementing TFRs, while the following is not an exhaustive list, the F AA considers factors such as: the area where the event will be held; the effect flight restrictions will have on known aircraft operations; the estimated duration of the event; the degree of public interest; the number of spectators;
the provisions for spectator safety; the number and types of participating aircraft; the use of mixed high/low performance aircraft; the impact on nonparticipating aircraft; the weather minimums; and the emergency procedures that will be in effect.
18. IF I HAVE ANY QUESTIONS
REGARDING A TFR, WHOM SHOULD I CONTACT?
Direct any questions or concerns regarding TFRs to the FAA Directors of Terminal or En Route and Oceanic Area Operations (or their designee) having management jurisdiction over the TFR area.
You may also contact the FAA Headquarters Airspace and Rules Manager, Office of System Operations and Safety, ATO-R, Washington, D.C., at (202) 267-8783.
Sabra W. Kaulia Director, System Operations and Safety
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APPENDIX 6 APPENDIX 1
SECTION 91.137 - TEMPORARY FLIGHT
RESTRICTIONS IN THE VICINITY OF
DISASTER/HAZARD AREAS
1. What is the purpose and use of a TFR issued under this section?
TFRs issue d un der t his sect ion address disaster/hazard situati ons and restrict fli ght operations within specified airspace, on a temporary basis, to provide protection of persons or property in the air or on the ground.
2. Who can issue a TFR under this section?
Except for hi jacking sit uations, FA A H eadquarters or th e D irectors of Term inal or E n Route a nd Oceanic Area Operations (or the ir designee) having jurisdiction over the area concerned m ay issue a TFR under this section.
3. Who can issue a TFR for a hijacking situation?
The respe ctive Directors of Term inal or En Rout e and Oceanic Area Operati ons (or their designee) having juris diction over the area of c oncern, i n consultation w ith t he Trans portation Sec urity Administration, will issue a TFR to a ddress hijacking situations.
4. Who can request a TFR under this section?
A TFR may be req uested by vari ous enti ties, including m ilitary co mmands; regi onal d irectors of the Office of Em ergency Planning; C ivil Defense State Direct ors; c ivil authorities directing or coordinating air opera tions associa ted w ith d isaster relief; civ il aut horities di recting or coordinating organized r elief a ir operations (including representatives of the Office of Em ergency Planning, U.S. Forest Servi ce, and state aeronautical agencies); and law enforcement agencies.
5. Are there any specifics that apply to each subparagraph of Section 91.137?
Yes, they are as follows:
a. Section 91.137(a)(1). R estrictions is sued under this Section prohibit all aircraft from operating in t he desi gnated are a unless that aircraft is participating i n the dis aster/hazard rel ief acti vities and is operated under the direction of the official in charge of on-scene emergency response activities.
b. Section 91.137(a)(2). R estrictions is sued under this Section prohibit all aircraft from operating in the d esignated are a u nless at le ast one of the following conditions are met:
(1) The aircraft is participating in haz ard relief activities and is operating under the direction of the official in c harge of on-sc ene em ergency response activities.
(2) The air craft is carrying l aw enforcem ent officials.
(3) The aircraft is operating under a n air traffic control (ATC) approved in strument fligh t ru les (IFR) flight plan.
Note: ATC must coordinate wit h the off icial in charge of on -scene em ergency response activities prior t o a llowing an y IFR or visu al flight rules (VFR) aircraft to enter into the TFR area.
(4) The aircraft is operating directly to or from an air port wit hin the area, or is nec essitated by the impracticability of V FR flight above or around t he area due to weather or terrain; the operation does not hamper or enda nger relie f activ ities and is n ot conducted for observing the disas ter. Notifi cation must be gi ven to t he A TC/Flight Ser vice Sta tion (FSS) facility specified in the NOTAM for coordination with the official in charge of on-scene emergency response activities.
(5) The aircraf t is carrying properly accre dited news representatives, and before entering the area, a flight pl an i s filed wit h the ATC/F SS facility specified i n the NOTAM, an d the o peration is conducted a bove th e a ltitude used by t he disaster relief a ircraft, un less o therwise au thorized by the official in c harge of on-sc ene em ergency response activities.
c. Section 91.137(a)(3). R estrictions is sued under this Section prohibit all aircraft from operating in the d esignated are a u nless at le ast one of the following conditions are met:
(1) The aircraft is operating directly to or from an air port wit hin the area, or is nec essitated by the impracticability of V FR flight above or around t he area due t o weat her or terr ain, and the operat ion is not conducted for th e p urpose of obs erving t he
AAC 91-63C 5/20/04 APPENDIX 6 incident or e vent. N otification must be give n to t he ATC/FSS facility specif ied in the N OTAM for coordination with the official i n charge of the activity.
(2) The aircraft is operating under an ATC approved IFR flight plan.
(3) The aircraft is carryi ng in cident or e vent personnel, or law enforcement officials.
(4) The aircraft is carrying properly accredited news representatives and, before entering the area, a flight plan is filed with the appropriate FSS or ATC facility specified in the NOTAM.
6. What situations may warrant a TFR under this section?
Situations t hat m ay warrant a T FR under Section 91.137 in clude, b ut are n ot l imited to t he following:
a. 14 CFR Sect ion 91.137(a)(1): toxic gas leaks or spi lls; f umes fro m fla mmable ag ents whic h, if fanned by rot or or prop eller w ash cou ld en danger persons or property on the surface, or if entered by an aircraft could endanger persons or property in the air; volcanic eruptions that could endanger airborne aircraft and occupants; nuclear accident or incident;
and hijackings.
b. 14 CFR Sec tion 91 .137(a)(2): avia tion or ground res ources en gaged in w ildfire s uppression;
and aircraft relief activitie s following a disaster
(e.g., earthquake, tidal wave, flood, etc.).
c. 14 CFR Sect ion 91.137(a)(3): disaster/hazard incidents of li mited d uration th at wou ld attrac t an unsafe co ngestion of s ightseeing aircraf t, such as aircraft accident sites.
7. What information should be included in flight plans and notifications made with an FSS or ATC facility when looking to operate within a TFR issued under this section?
The fol lowing inf ormation shou ld be i ncluded i n filed fl ight plans: a ircraft i dentification, type, a nd color; radio communications frequencies to be used;
proposed t imes of entry of, and e xit fro m, the designated a rea; name of n ews media or organization and purpose of the fli ght; and, a ny other information requested by ATC.
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SECTION 91.138 - TEMPORARY FLIGHT
RESTRICTIONS IN NATIONAL DISASTER
AREAS IN THE STATE OF HAWAII
1. What is the purpose and use of a TFR issued under this section?
TFRs issue d un der this sect ion a ddress a determination tha t a n i nhabited area withi n a declared national disaster area in the State of Hawaii needs protection for humanitarian reasons.
2. Who can request a TFR under this section?
The G overnor of th e St ate of H awaii, or th e Governor’s designee may request a TFR under this section.
3. What restrictions apply when TFRs are issued under this section?
The TFR wi ll s pecify th e e xtent an d dura tion necessary to prote ct persons and prope rty on the surface. R estrictions issued under t his sec tion prohibit all aircraft from operating in the designated area unless at least one of the following conditions are met:
a. Authorization is o btained from the offic ial in charge of ass ociated em ergency or dis aster reli ef response activities, and the aircraft is operated under the conditions of that authorization;
b. The air craft is carrying law enforce ment officials;
c. The aircraft is carrying persons involved in an emergency or a legitimate scientific purpose;
d. The aircraf t i s carrying pr operly ac credited newspersons, and before en tering t he area, a fl ight plan is file d with the a ppropriate FAA or ATC facility specified in t he NOTAM, and t he operation is conducted in compliance with the conditions and restrictions es tablished by the offici al in charge of on-scene emergency response activities; or,
e. The aircraft i s operating in accordance with an ATC clearance or instruction.
4. For what length of time is a TFR effective under this section?
A NOTAM issued u nder t his sect ion is effectiv e for 90 days or u ntil t he na tional disaster are a designation is terminated, whichever comes first, or otherwise term inated by noti ce or extended a t the request of the Governor of the State of Hawaii or the Governor’s designee.
5. What office is responsible for issuing a TFR under this section?
The Airspace and R ules Manager, Office of Sy stem Operations a nd Safety, A TO-R can is sue a TFR under this section.
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APPENDIX 6 APPENDIX 3
SECTION 91.141 - FLIGHT RESTRICTIONS
IN THE PROXIMITY OF THE
PRESIDENTIAL AND OTHER PARTIES
1. What is the purpose and use of a TFR issued under this section?
TFRs issued under this section address security with respect to a irspace over presidential a nd other parties. Spe cifically, n o person m ay operate a n aircraft over or in the vi cinity of any a rea to be visited or tr aveled by the President, the V ice President, or ot her p ublic figures co ntrary to t he restrictions established by the FAA and published in a NOTAM.
2. Who can request a TFR under this section?
This TFR may be reques ted by th e Washin gton headquarters office of the U.S. Government agency responsible f or t he protection of t he person concerned. This a gency will conta ct FAA Headquarters in a ccordance wit h established procedures a nd req uest the ne cessary regul atory action.
3. What office is responsible for issuing a TFR under this section?
The ATO-R/Director of System Operations Security (or their des ignee) ca n is sue a TFR under this section.
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APPENDIX 6 APPENDIX 4
SECTION 91.143 - FLIGHT LIMITATION IN
THE PROXIMITY OF SPACE FLIGHT
OPERATIONS
1. What is the purpose and use of a TFR issued under this section?
TFRs issue d under this section address space flight operations. S pecifically, no person may operate an aircraft of U.S. registry, or pilot an aircraft under the authority of an airman certificate issued by the FAA within areas designated in a NOTAM for space flight operations except when authorized by ATC, or the proponent for the flight operation.
2. Who can issue a TFR under this section?
FAA Headquarters or the Di rectors of Term inal or En R oute a nd Ocea nic Area Opera tions (or their designee) ha ving c ontrol jurisd iction over t he affected airspace can issue a TFR under this section.