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FAA Is Not The Sole Flight Regulatory Authority
On Wed, 07 May 2008 23:32:01 -0700, Airbus wrote in
: You are probably already aware of the requirement to fly at least 2,000 feet above ground level (AGL) over wildlife preserves depicted on sectional aeronautical charts. I thought this was a "recommendation" not a requirement. Has this changed, or is the expert author very out of touch with her purported specialty? That is an excellent question. The same thought crossed my mind when I read that excerpt from the story also. I find on reference to 'wild' nor 'preserve' in Part 91: http://ecfr.gpoaccess.gov/cgi/t/text...1.3.10&idno=14 Below is some research information. Perhaps there is enough there for you to find the answer to your question. The note on the charts reads thus: REGULATION REGARDING FLIGHTS OVER CHARTED NATIONAL PARK SERVICE AREAS, U.S. FISH AND WILDLIFE SERVICE AREAS, AND U.S. FOREST SERVICE AREAS The landing of aircraft is prohibited on lands or waters administered by the National Park Service, U.S. Fish and Wildlife Service or U.S. Forest Service without authorization from the respective agency. Exceptions include: 1) when forced to land due to an emergency beyond the control of the operator, 2) at officially designated landing sites, or 3) on approved official business of the Federal Government. All aircraft are requested to maintain a minimum altitude of 2,000 feet above the surface of the following: National Parks, Monuments, Seashores, Lakeshores, Recreation Areas and Scenic Riverways administered by the National Park Service; National wildlife Refuges, Big Game Refuges, Game Ranges and Wildlife Ranges administered by the U.S. Fish and Wildlife Service; and Wilderness and Primitive areas administered by the U.S. Forest Service. FAA advisory Circular (AC) 91-36, "Visual Flight Rules (VFR) flight Near Noise-Sensitive Areas," defines the surface as: The highest terrain within 2,000 feet laterally of the route of flight, or the upper-most rim of a canyon or valley. Federal regulations also prohibit airdrops by parachute or other means of persons, cargo, or objects from aircraft on lands administered by the three agencies without authorization from the respective agency. Exceptions include: 1) emergencies involving the safety of human life, or 2) threat of serious property loss. Here is the Advisory Circular mentioned above: http://rgl.faa.gov/Regulatory_and_Gu...F?OpenDocument Advisory Circular Information AC Number: AC 91-36D Date: 09/17/2004 Subject: Visual Flight Rules (VFR) Flight Near Noise-Sensitive Areas Related Regulation(s): Part 91 Section Number(s): Unknown Section Cancels: AC 91-36C Initiating Office: ATO-R http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgAdvisoryCircular.nsf/0/208330d7efad2bf9862570650070769f/$FILE/AC91-36d.pdf U.S. Department of Transportation Federal Aviation Administration Date: September 17, 2004 AC No: 91-36D Subject: VISUAL FLIGHT RULES (VFR) FLIGHT NEAR NOISE-SENSITIVE AREAS Initiated by: ATO-R ADVISORY CIRCULAR 1. PURPOSE. This Advisory Circular (AC) encourages pilots making VFR flights near noise-sensitive areas to fly at altitudes higher than the minimum permitted by regulation and on flight paths that will reduce aircraft noise in such areas. 2. EFFECTIVE DATE. This advisory circular is effective on September 17, 2004. 3. CANCELLATION. Advisory Circular 91-36C, Visual Flight Rules (VFR) Flight Near Noise Sensitive Areas, dated October 19, 1984, is cancelled. 4. AUTHORITY. The FAA has authority to formulate policy regarding use of the navigable airspace (Title 49 United States Code, Section 40103). 5. EXPLANATION OF CHANGES. This AC has been updated to include a definition of “noise-sensitive” area and add references to Public Law 100-91; the FAA Noise Policy for Management of Airspace Over Federally Managed Lands, dated November 1996; and the National Parks Air Tour Management Act of 2000, with other minor wording changes. 6. BACKGROUND. a. Excessive aircraft noise can result in annoyance, inconvenience, or interference with the uses and enjoyment of property, and can adversely affect wildlife. It is particularly undesirable in areas where it interferes with normal activities associated with the area’s use, including residential, educational, health, and religious structures and sites, and parks, recreational areas (including areas with wilderness characteristics), wildlife refuges, and cultural and historical sites where a quiet setting is a generally recognized feature or attribute. Moreover, the FAA recognizes that there are locations in National Parks and other federally managed areas that have unique noise-sensitive values. The Noise Policy for Management of Airspace Over Federally Managed Areas, issued November 8, 1996, states that it is the policy of the FAA in its management of the navigable airspace over these locations to exercise leadership in achieving an appropriate balance between efficiency, technological practicability, and environmental concerns, while maintaining the highest level of safety. b. The Federal Aviation Administration (FAA) receives complaints concerning low flying aircraft over noise sensitive areas such as National Parks, National Wildlife Refuges, Waterfowl Production Areas and Wilderness Areas. Congress addressed aircraft flights over Grand Canyon National Park in Public Law 100-91 and commercial air tour operations over other units of the National Park System (and tribal lands within or abutting such units) in the National Parks Air Tour Management Act of 2000. c. Increased emphasis on improving the quality of the environment requires a continuing effort to provide relief and protection from low flying aircraft noise. d. Potential noise impacts to noise-sensitive areas from low altitude aircraft flights can also be addressed through application of the voluntary practices set forth in this AC. Adherence to these practices is a practical indication of pilot concern for the environment, which will build support for aviation and alleviate the need for any additional statutory or regulatory actions. 7. DEFINITION. For the purposes of this AC, an area is “noise-sensitive” if noise interferes with normal activities associated with the area’s use. Examples of noise-sensitive areas include residential, educational, health, and religious structures and sites, and parks, recreational areas (including areas with wilderness characteristics), wildlife refuges, and cultural and historical sites where a quiet setting is a generally recognized feature or attribute. 8. VOLUNTARY PRACTICES. a. Avoidance of noise-sensitive areas, if practical, is preferable to overflight at relatively low altitudes. b. Pilots operating noise producing aircraft (fixed-wing, rotary-wing and hot air balloons) over noise-sensitive areas should make every effort to fly not less than 2,000 feet above ground level (AGL), weather permitting. For the purpose of this AC, the ground level of noise-sensitive areas is defined to include the highest terrain within 2,000 feet AGL laterally of the route of flight, or the uppermost rim of a canyon or valley. The intent of the 2,000 feet AGL recommendation is to reduce potential interference with wildlife and complaints of noise disturbances caused by low flying aircraft over noise-sensitive areas. c. Departure from or arrival to an airport, climb after take-off, and descent for landing should be made so as to avoid prolonged flight at low altitudes near noise-sensitive areas. d. This advisory does not apply where it would conflict with Federal Aviation Regulations, air traffic control clearances or instructions, or where an altitude of less than 2,000 feet AGL is considered necessary by a pilot to operate safely. 9. COOPERATIVE ACTIONS. Aircraft operators, aviation associations, airport managers, and others are asked to assist in voluntary compliance with this AC by publicizing it and distributing information regarding known noise-sensitive areas. Signed ________________________________ Sabra W. Kaulia Director of System Operations & Safety Page 2 Advisory Circular Information Number: AC 91-36D mentions under 8. VOLUNTARY PRACTICES those situations where voluntary compliance is expected. Here is Public Law 100-91 mentioned in the AC above under 5. EXPLANATION OF CHANGES: http://www.nps.gov/grca/naturescienc...d/PL100-91.pdf The National Parks Overflight Act of 1987 Public Law 100-91 SECTION 1. STUDY OF PARK OVERFLIGHTS. (a) Study by Park Service.—The Secretary of the Interior (hereinafter referred to as the ‘Secretary’), acting through the Director of the National Park Service, shall conduct a study to determine the proper minimum altitude which should be maintained by aircraft when flying over units of the National Park System. The Secretary of Transportation, acting through the Administrator of the Federal Aviation Administration (hereinafter referred to as the ‘Administrator’), shall provide technical assistance to the Secretary in carrying out the study. (b) General Requirements of Study.—The study shall identify any problems associated with overflight by aircraft of units of the National Park System and shall provide information regarding the types of overflight which may be impacting on park unit resources. The study shall distinguish between the impacts caused by sightseeing aircraft, military aircraft, commercial aviation, general aviation, and other forms of aircraft which affect such units. The study shall identify those park system units, and portions thereof, in which the most serious adverse impacts from aircraft overflights exist. (c) Specific Requirements.—The study under this section shall include research at the following units of the National Park System: Cumberland Island National Seashore, Yosemite National Park, Hawaii Volcanoes National Park, Haleakala National Park, Glacier National Park, and Mount Rushmore National Memorial, and at no less than four additional units of the National Park System, excluding all National Park System units in the State of Alaska. The research at each such unit shall provide information and an evaluation regarding each of the following: (1) the impacts of aircraft noise on the safety of the park system users, including hikers, rock-climbers, and boaters; (2) the impairment of visitor enjoyment associated with flights over such units of the National Park System; (3) other injurious effects of overflights on the natural, historical, and cultural resources for which such units were established; and (4) the values associated with aircraft flights over such units of the National Park System in terms of visitor enjoyment, the protection of persons or property, search and rescue operations and firefighting. Such research shall evaluate the impact of overflights by both fixed-wing aircraft and helicopters. The research shall include an evaluation of the differences in noise levels within such units of the National Park System which are associated with flight by commonly used aircraft at different altitudes. The research shall apply only to overflights and shall not apply to landing fields within, or adjacent to, such units. (d) Report to Congress.—The Secretary shall submit a report to the Congress within 3 years after the enactment of this Act [Aug. 18, 1987] containing the results of the study carried out under this section. Such report shall also contain recommendations for legislative and regulatory action which could be taken regarding the information gathered pursuant to paragraphs (1) through (4) of subsection (c). Before submission to the Congress, the Secretary shall provide a draft of the report and recommendations to the Administrator for review. The Administrator shall review such report and recommendations and notify the Secretary of any adverse effects which the implementation of such recommendations would have on the safety of aircraft operations. The Administrator shall consult with the Secretary to resolve issues relating to such adverse effects. The final report shall include a finding by the Administrator that implementation of the recommendations of the Secretary will not have adverse effects on the safety of aircraft operations, or if the Administrator is unable to make such finding, a statement by the Administrator of the reasons he believes the Secretary’s recommendations will have an adverse effect on the safety of aircraft operations. (e) FAA Review of Rules.—The Administrator shall review current rules and regulations pertaining to flights of aircraft over units of the National Park System at which research is conducted under subsection (c) and over any other such units at which such a review is determined necessary by the Administrator or is requested by the Secretary. In the review under this subsection, the Administrator shall determine whether changes are needed in such rules and regulations on the basis of aviation safety. Not later than 180 days after the identification of the units of the National Park System for which research is to be conducted under subsection (c), the Administrator shall submit a report to Congress containing the results of the review along with recommendations for legislative and regulatory action which are needed to implement any such changes. (f) Authorization.—There are authorized to be appropriated such sums as may be necessary to carry out the studies and review under this section. SEC. 2. FLIGHTS OVER YOSEMITE AND HALEAKALA DURING STUDY AND REVIEW. (a) Yosemite National Park.—During the study and review periods provided in subsection (c), it shall be unlawful for any fixed wing aircraft or helicopter flying under visual flight rules to fly at an altitude of less than 2,000 feet over the surface of Yosemite National Park. For purposes of this subsection, the term ‘surface’ refers to the highest terrain within the park which is within 2,000 feet laterally of the route of flight and with respect to Yosemite Valley such term refers to the upper-most rim of the valley. (b) Haleakala National Park.—During the study and review periods provided in subsection (c), it shall be unlawful for any fixed wing aircraft or helicopter flying under visual flight rules to fly at an altitude below 9,500 feet above mean sea level over the surface of any of the following areas in Haleakala National Park: Haleakala Crater, Crater Cabins, the Scientific Research Reserve, Halemauu Trail, Kaupo Gap Trail, or any designated tourist viewpoint. (c) Study and Review Periods.—For purposes of subsections (a) and (b), the study period shall be the period of the time after the date of enactment of this Act [Aug. 18, 1987] and prior to the submission of the report under section 1. The review period shall comprise a 2-year period for Congressional review after the submission of the report to Congress. (d) Exceptions.—The prohibitions contained in subsections (a) and (b) shall not apply to any of the following: (1) emergency situations involving the protection of persons or property, including aircraft; (2) search and rescue operations; (3) flights for purposes of firefighting or for required administrative purposes; and (4) compliance with instructions of an air traffic controller. (e) Enforcement.—For purposes of enforcement, the prohibitions contained in subsections (a) and (b) shall be treated as requirements established pursuant to section 307 of the Federal Aviation Act of 1958 [see 49 U.S.C. 40103 (b)]. To provide information to pilots regarding the restrictions established under this Act, the Administrator shall provide public notice of such restrictions in appropriate Federal Aviation Administration publications as soon as practicable after the enactment of this Act [Aug. 18, 1987]. SEC. 3. GRAND CANYON NATIONAL PARK. (a) Noise associated with aircraft overflights at the Grand Canyon National Park is causing a significant adverse effect on the natural quiet and experience of the park and current aircraft operations at the Grand Canyon National Park have raised serious concerns regarding public safety, including concerns regarding the safety of park users. (b) Recommendations.— (1) Submission.—Within 30 days after the enactment of this Act [Aug. 18, 1987], the Secretary shall submit to the Administrator recommendations regarding actions necessary for the protection of resources in the Grand Canyon from adverse impacts associated with aircraft overflights. The recommendations shall provide for substantial restoration of the natural quiet and experience of the park and protection of public health and safety from adverse effects associated with aircraft overflight. Except as provided in subsection (c), the recommendations shall contain provisions prohibiting the flight of aircraft below the rim of the Canyon, and shall designate flight free zones. Such zones shall be flight free except for purposes of administration and for emergency operations, including those required for the transportation of persons and supplies to and from Supai Village and the lands of the Havasupai Indian Tribe of Arizona. The Administrator, after consultation with the Secretary, shall define the rim of the Canyon in a manner consistent with the purposes of this paragraph. (2) Implementation.—Not later than 90 days after receipt of the recommendations under paragraph (1) and after notice and opportunity for hearing, the Administrator shall prepare and issue a final plan for the management of air traffic in the air space above the Grand Canyon. The plan shall, by appropriate regulation, implement the recommendations of the Secretary without change unless the Administrator determines that implementing the recommendations would adversely affect aviation safety. If the Administrator determines that implementing the recommendations would adversely affect aviation safety, he shall, not later than 60 days after making such determination, in consultation with the Secretary and after notice and opportunity for hearing, review the recommendations consistent with the requirements of paragraph (1) to eliminate the adverse effects on aviation safety and issue regulations implementing the revised recommendations in the plan. In addition to the Administrator’s authority to implement such regulations under the Federal Aviation Act of 1958 [see 49 U.S.C. 40101 et seq.], the Secretary may enforce the appropriate requirements of the plan under such rules and regulations applicable to the units of the National Park System as he deems appropriate. (3) Report.—Within 2 years after the effective date of the plan required by subsection (b)(2), the Secretary shall submit to the Congress a report discussing— (A) whether the plan has succeeded in substantially restoring the natural quiet in the park; and (B) such other matters, including possible revisions in the plan, as may be of interest. The report shall include comments by the Administrator regarding the effect of the plan’s implementation on aircraft safety. (c) Helicopter Flights of River Runners.—Subsection (b) shall not prohibit the flight of helicopters— (1) which fly a direct route between a point on the north rim outside of the Grand Canyon National Park and locations on the Hualapai Indian Reservation (as designated by the Tribe); and (2) whose sole purpose is transporting individuals to or from boat trips on the Colorado River and any guide of such a trip. SEC. 4. BOUNDARY WATERS CANOE AREA WILDERNESS. The Administrator shall conduct surveillance of aircraft flights over the Boundary Waters Canoe Area Wilderness as authorized by the Act of October 21, 1978 (92 Stat. 1649–1659) for a period of not less than 180 days beginning within 60 days of enactment of this Act [Aug. 18, 1987]. In addition to any actions the Administrator may take as a result of such surveillance, he shall provide a report to the Committee on Interior and Insular Affairs and the Committee on Public Works and Transportation of the United States House of Representatives and to the Committee on Energy and Natural Resources and the Committee on Commerce, Science, and Transportation of the United States Senate. Such report is to be submitted within 30 days of completion of the surveillance activities. Such report shall include but not necessarily be limited to information on the type and frequency of aircraft using the airspace over the Boundary Waters Canoe Area Wilderness. SEC. 5. ASSESSMENT OF NATIONAL FOREST SYSTEM WILDERNESS OVERFLIGHTS. (a) Assessment by Forest Service.—The Chief of the Forest Service (hereinafter referred to as the ‘Chief’) shall conduct an assessment to determine what, if any, adverse impacts to wilderness resources are associated with overflights of National Forest System wilderness areas. The Administrator of the Federal Aviation Administration shall provide technical assistance to the Chief in carrying out the assessment. Such assessment shall apply only to overflight of wilderness areas and shall not apply to aircraft flights or landings adjacent to National Forest System wilderness units. The assessment shall not apply to any National Forest System wilderness units in the State of Alaska. (b) Report to Congress.—The Chief shall submit a report to Congress within 2 years after enactment of this Act [Aug. 18, 1987] containing the results of the assessments carried out under this section. (c) Authorization.—Effective October 1, 1987, there are authorized to be appropriated such sums as may be necessary to carry out the assessment under this section. SEC. 6. CONSULTATION WITH FEDERAL AGENCIES. In conducting the study and the assessment required by this Act, the Secretary of the Interior and the Chief of the Forest Service shall consult with other Federal agencies that are engaged in an analysis of the impacts of aircraft overflights over federally-owned land.” Section 307 of the Federal Aviation Act of 1958 [see 49 U.S.C. 40103 (b)] is mentioned in Public Law 100-91 above: http://law.justia.com/us/codes/title49/49usc40103.html § 40103. — Sovereignty and use of airspace. From the U.S. Code Online via GPO Access [wais.access.gpo.gov] [Laws in effect as of January 7, 2003] [Document not affected by Public Laws enacted between January 7, 2003 and December 19, 2003] [CITE: 49USC40103] TITLE 49--TRANSPORTATION SUBTITLE VII--AVIATION PROGRAMS PART A--AIR COMMERCE AND SAFETY subpart i--general CHAPTER 401--GENERAL PROVISIONS Sec. 40103. Sovereignty and use of airspace (a) Sovereignty and Public Right of Transit.--(1) The United States Government has exclusive sovereignty of airspace of the United States. (2) A citizen of the United States has a public right of transit through the navigable airspace. To further that right, the Secretary of Transportation shall consult with the Architectural and Transportation Barriers Compliance Board established under section 502 of the Rehabilitation Act of 1973 (29 U.S.C. 792) before prescribing a regulation or issuing an order or procedure that will have a significant impact on the accessibility of commercial airports or commercial air transportation for handicapped individuals. (b) Use of Airspace.--(1) The Administrator of the Federal Aviation Administration shall develop plans and policy for the use of the navigable airspace and assign by regulation or order the use of the airspace necessary to ensure the safety of aircraft and the efficient use of airspace. The Administrator may modify or revoke an assignment when required in the public interest. (2) The Administrator shall prescribe air traffic regulations on the flight of aircraft (including regulations on safe altitudes) for-- (A) navigating, protecting, and identifying aircraft; (B) protecting individuals and property on the ground; (C) using the navigable airspace efficiently; and (D) preventing collision between aircraft, between aircraft and land or water vehicles, and between aircraft and airborne objects. (3) To establish security provisions that will encourage and allow maximum use of the navigable airspace by civil aircraft consistent with national security, the Administrator, in consultation with the Secretary of Defense, shall-- (A) establish areas in the airspace the Administrator decides are necessary in the interest of national defense; and (B) by regulation or order, restrict or prohibit flight of civil aircraft that the Administrator cannot identify, locate, and control with available facilities in those areas. (4) Notwithstanding the military exception in section 553(a)(1) of title 5, subchapter II of chapter 5 of title 5 applies to a regulation prescribed under this subsection. (c) Foreign Aircraft.--A foreign aircraft, not part of the armed forces of a foreign country, may be navigated in the United States as provided in section 41703 of this title. (d) Aircraft of Armed Forces of Foreign Countries.--Aircraft of the armed forces of a foreign country may be navigated in the United States only when authorized by the Secretary of State. (e) No Exclusive Rights at Certain Facilities.--A person does not have an exclusive right to use an air navigation facility on which Government money has been expended. However, providing services at an airport by only one fixed-based operator is not an exclusive right if-- (1) it is unreasonably costly, burdensome, or impractical for more than one fixed-based operator to provide the services; and (2) allowing more than one fixed-based operator to provide the services requires a reduction in space leased under an agreement existing on September 3, 1982, between the operator and the airport. (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1101.) Historical and Revision Notes ---------------------------------------------------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) ---------------------------------------------------------------------------------------------------------------- 40103(a)(1)........................... 49 App.:1508(a) (1st sentence). Aug. 23, 1958, Pub. L. 85-726, Secs. 307(a), (c), (d), 308(a) (3d sentence), 1108(a), 1201, 1202, 72 Stat. 749, 750, 751, 798, 800. 40103(a)(2)........................... 49 App.:1304. Aug. 23, 1958, Pub. L. 85-726, Sec. 104, 72 Stat. 740; Oct. 4, 1984, Pub. L. 98-443, Sec. 14, 98 Stat. 1711. 49 App.:1551(b)(1)(E). Aug. 28, 1958, Pub. L. 85-726, 72 Stat. 731, Sec. 1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98-443, Sec. 3(e), 98 Stat. 1704. 40103(b)(1)........................... 49 App.:1348(a). 49 App.:1655(c)(1). Oct. 15, 1966, Pub. L. 89-670, Sec. 6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97-449, Sec. 7(b), 96 Stat. 2444. 40103(b)(2)........................... 49 App.:1348(c). 49 App.:1655(c)(1). 40103(b)(3)........................... 49 App.:1521. 49 App.:1522. 49 App.:1655(c)(1). 40103(b)(4)........................... 49 App.:1348(d). 40103(c).............................. (no source). 40103(d).............................. 49 App.:1508(a) (last sentence). 40103(e).............................. 49 App.:1349(a) (3d sentence). 49 App.:1349(a) (last Aug. 23, 1958, Pub. L. 85-726, 72 Stat. sentence). 731, Sec. 308(a) (last sentence); added Sept. 3, 1982, Pub. L. 97-248, Sec. 524(a)(1), 96 Stat. 695. ---------------------------------------------------------------------------------------------------------------- In subsection (a)(1), the word ``has'' is substituted for ``is declared to possess and exercise complete and'' to eliminate surplus words. The word ``national'' is omitted as surplus. The text of 49 App.:1508(a) (1st sentence words after 1st comma) is omitted as surplus. In subsection (a)(2), the words ``of the United States'' are omitted for consistency in the revised title and because of the definition of ``navigable airspace'' in section 40102(a) of the revised title. The words ``or amending'' are omitted as surplus. In subsection (b), the word ``Administrator'' in section 307(a), (c), and (d) of the Federal Aviation Act of 1958 (Public Law 85-726, 72 Stat. 749, 750) is retained on authority of 49:106(g). In subsection (b)(1) and (3)(B), the word ``rule'' is omitted as being synonymous with ``regulation''. In subsection (b)(1), the words ``under such terms, conditions, and limitations as he may deem'' are omitted as surplus. The words ``In the exercise of his authority under section 1348(a) of this Appendix'' in 49 App.:1522 are omitted as unnecessary because of the restatement. In subsection (b)(2), before clause (A), the word ``shall'' is substituted for ``is further authorized and directed'' for consistency in the revised title and to eliminate unnecessary words. In subsection (b)(3), before clause (A), the words ``In the exercise of his authority under section 1348(a) of this Appendix'' in 49 App.:1522 are omitted as surplus. The word ``navigable'' is added for clarity and consistency. In clause (A), the words ``such zones or'' are omitted as surplus. In subsection (b)(4), the words ``the military exception'' are substituted for ``any exception relating to military or naval functions'' to eliminate unnecessary words and because ``naval'' is included in ``military''. The words ``applies to a regulation prescribed under'' are substituted for ``In the exercise of the rulemaking authority . . . the Secretary of Transportation shall be subject to'' to eliminate unnecessary words and because ``rules'' and ``regulations'' are synonymous. Subsection (c) is added for clarity. In subsection (d), the words ``including the Canal Zone'' are omitted because of the Panama Canal Treaty of 1977. In subsection (e), before clause (1), the words ``any landing area'' are omitted as being included in the definition of ``air navigation facility'' in section 40102(a) of the revised title. The word ``only'' is added for clarity. In clause (2), the words ``on September 3, 1982'' are added for clarity. Regulations Pub. L. 85-726, title VI, Sec. 613(a), (b), as added by Pub. L.101-508, title IX, Sec. 9124, Nov. 5, 1990, 104 Stat. 1388-370, provided that: ``(a) National Disaster Areas.--Before the 180th day following the date of the enactment of this section [Nov. 5, 1990], the Administrator, for safety and humanitarian reasons, shall issue such regulations as may be necessary to prohibit or otherwise restrict aircraft overflights of any inhabited area which has been declared a national disaster area in the State of Hawaii. ``(b) Exceptions.--Regulations issued pursuant to subsection (a) shall not be applicable in the case of aircraft overflights involving an emergency or a ligitimate [sic] scientific purpose.'' National Airspace Redesign Pub. L. 106-181, title VII, Sec. 736, Apr. 5, 2000, 114 Stat. 171, provided that: ``(a) Findings.--Congress makes the following findings: ``(1) The national airspace, comprising more than 29 million square miles, handles more than 55,000 flights per day. ``(2) Almost 2,000,000 passengers per day traverse the United States through 20 major en route centers, including more than 700 different sectors. ``(3) Redesign and review of the national airspace may produce benefits for the travelling public by increasing the efficiency and capacity of the air traffic control system and reducing delays. ``(4) Redesign of the national airspace should be a high priority for the Federal Aviation Administration and the air transportation industry. ``(b) Redesign.--The Administrator [of the Federal Aviation Administration], with advice from the aviation industry and other interested parties, shall conduct a comprehensive redesign of the national airspace system. ``(c) Report.--Not later than December 31, 2000, the Administrator shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the Administrator's comprehensive national airspace redesign. The report shall include projected milestones for completion of the redesign and shall also include a date for completion. ``(d) Authorization.--There is authorized to be appropriated to the Administrator to carry out this section $12,000,000 for each of fiscal years 2000, 2001, and 2002.'' Section Referred to in Other Sections This section is referred to in sections 106, 40106, 40109, 44101, 44502, 46301, 46307, 46316 of this title. |
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FAA Is Not The Sole Flight Regulatory Authority
In article ,
WingFlaps wrote: I'm puzzled, how would you know where to direct the high power targeting beam if the search beam had not already identified a target? sonar bouy? -- Bob Noel (goodness, please trim replies!!!) |
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FAA Is Not The Sole Flight Regulatory Authority
"Larry Dighera" wrote in message
I wrote and asked her about the published exception in the regulation she cited, but has not yet received a response from her. I very much doubt you will. We obviously differ in our inference of the meaning of the exception cited in (iv) above. I see no mention of "unaware or uninterested that the whale is below them." anywhere in the entire regulation Title 50 Code of Federal Regulations section 224.103, so I'm wondering how you reached your conclusion. Simple logic, Larry. The point of such restrictions is to limit the disturbance to endangered animals. Flights hovering overhead or repeatedly passing over the animals could stress them or cause them to take (perhaps dangerous) evasive maneuvers attempting to get away. When you re-read the exclusion you quoted you'll see the rules apply only to those aircraft engaged in whale watching (or even your dreaded "whale watch") and I'm pretty sure the pilot of a whale watch/watching flight would know he's on such a mission. It is the wording "whale watch" as opposed to 'whale watching' that leads me to believe there may be a formal definition of the term, or a formal permitting process to which it refers. See above. Your assumption only reinforces my point that folks on such missions would know they're on such missions and the rules you cited would apply to them - not to the transient pilot travelling from Point A to Point B. |
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FAA Is Not The Sole Flight Regulatory Authority
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