[Code of Federal Regulations]
[Title 14, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR91.137]

[Page 191-192]
 
                     TITLE 14--AERONAUTICSAND SPACE
 
CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION 
                               (CONTINUED)
 
PART 91--GENERAL OPERATING AND FLIGHT RULES--Table of Contents
 
                         Subpart B--Flight Rules
 
Sec. 91.137  Temporary flight restrictions in the vicinity of disaster/hazard areas.

    (a) The Administrator will issue a Notice to Airmen (NOTAM) 
designating 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 surface;
    (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

[[Page 192]]

imposition of temporary flight restrictions.
    (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 operated under the direction of the official in charge of on scene 
emergency response activities.
    (2) The aircraft is carrying law enforcement officials.
    (3) The aircraft is operating under the ATC approved IFR flight 
plan.
    (4) The operation is conducted directly to or from an airport within 
the area, or is necessitated by the impracticability of VFR flight above 
or around the area due to weather, or terrain; 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 activities 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 authorized 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 directly to or from an airport within 
the area, or is necessitated by the impracticability of VFR flight above 
or around the area due to weather or terrain, and the operation is not 
conducted for the purpose of observing the incident or event.
    (2) The aircraft is operating under an ATC approved IFR flight plan.
    (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 notifications made with an FSS or ATC 
facility under this section shall include the following information:
    (1) Aircraft identification, type and color.
    (2) Radio communications frequencies to be used.
    (3) Proposed times of entry of, and exit from, the designated area.
    (4) Name of news media or organization and purpose of flight.
    (5) Any other information requested by ATC.