[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: 14CFR91.138]

[Page 192-193]
 
                     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. 91.138  Temporary flight restrictions in national disaster areas in the State of Hawaii.

    (a) When the Administrator has determined, pursuant to a request and 
justification provided by the Governor of the State of Hawaii, or the 
Governor's designee, that an inhabited area within a declared national 
disaster area in the State of Hawaii is in need of protection for 
humanitarian reasons, the Administrator will issue a Notice to Airmen 
(NOTAM) designating an area within which temporary flight restrictions 
apply. The Administrator will designate the extent and duration of the 
temporary flight restrictions necessary to provide for the protection 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 designated area unless at 
least one of the following conditions is met:
    (1) That person has obtained authorization from the official in 
charge of associated emergency or disaster relief response activities, 
and is operating

[[Page 193]]

the aircraft under the conditions of that authorization.
    (2) The aircraft is carrying law enforcement officials.
    (3) The aircraft is carrying persons involved in an emergency or a 
legitimate 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 compliance with the conditions and restrictions 
established by the official in charge of on-scene emergency response 
activities.
    (5) The aircraft is operating in accordance with an ATC clearance or 
instruction.
    (c) A NOTAM issued under this section is effective for 90 days or 
until the national disaster area designation is terminated, whichever 
comes first, unless 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]