Applicability. General. Emergency situations. Special security instructions. Flight plan requirements; Coastal or = Flight plan requirements; DEWIZ. - Position reports; aircraft operating in or penetrating a Domestic ADIZ; IFR. Position reports; aircraft operating in Position reports; aircraft entering the Position reports; aircraft entering the - Deviation from flight plans and ATC Radio failure; IFR. art B-Designated Air Defense Identification Zones General. Domestic ADIZ's. Coastal ADIZ's. Alaskan DEWIZ. Defense area. THORITY: §§ 99.1 to 99.49 issued under 307, 313 (a), 402, 601, 602, 902, 1110, 1202 of the Federal Aviation Act of 1958; S.C. 1348, 1354 (a), 1372, 1421, 1442, 1443, 1510, and 1522. Subpart A-General SOURCE: §§ 99.1 to 99.31 contained in Doc. No. 1580, Amdt. 1-1; 28 F.R. 6720, June 29, 1963; 28 F.R. 7159, July 12, 1963. § 99.1 Applicability. (a) This subpart prescribes rules for operating civil aircraft in a defense area, or into, within, or out of the United States through an Air Defense Identification Zone (ADIZ), designated in Subpart B. (b) Except for § 99.7, this subpart does not apply to the operation of an aircraft (1) In a Coastal or Domestic ADIZ north of 28 degrees north latitude or west of 85 degrees west longitude at a true air speed of less than 180 knots; (2) In the Alaskan DEWIZ at a true air speed of less than 180 knots while the pilot maintains a continuous listening watch on the appropriate frequency; (3) From any point in the 48 contiguous States on an outbound track through the Southern Border ADIZ that does not penetrate a Coastal ADIZ; (4) Within the 48 contiguous States and the District of Columbia, or within the State of Alaska, which remains within 10 nautical miles of the point of departure; or (5) Over any island, or within three nautical miles of the coastline of any island, in the Hawaiian ADIZ. (c) Except as provided in § 99.7, the radio and position reporting requirements of this subpart do not apply to the operation of an aircraft within the 48 contiguous States and the District of Columbia, or within the State of Alaska, if that aircraft does not have twoway radio and is operated in accordance with a filed DVFR flight plan containing the time and point of Domestic or Coastal ADIZ penetration and that aircraft departs within five minutes of the estimated departure time contained in the flight plan. (d) An FAA ATC center may exempt the following operations from this subpart (except § 99.7), on a local basis only, with the concurrence of the military commanders concerned: (1) Aircraft operations that are conducted wholly within the boundaries of an ADIZ and are not currently significant to the air defense system. (2) Aircraft operations conducted in accordance with special procedures prescribed by the military authorities concerned. (a) Air defense identification zones (ADIZ's) are areas of airspace over land or water in which the ready identification, location, and control of civil aircraft is required in the interest of national security. They are classified as(1) Coastal air defense identification zones (Coastal ADIZ's); (2) Domestic air defense identification zones (Domestic ADIZ's); and (3) Distant early warning identification zones (DEWIZ's). (b) A defense area is any airspace of the United States (other than that designated as an ADIZ) in which the control of aircraft is required for national security during an air defense emergency or defense emergency. (c) For the purposes of this part, a Defense Visual Flight Rules (DVFR) flight is a flight within an ADIZ conducted under the visual flight rules in Part 91 [New]. § 99.5 Emergency situations. In an emergency that requires immediate decision and action for the safety of the flight, the pilot in command of an aircraft may deviate from the rules in this part to the extent required by that emergency. He shall report the reasons for the deviation to the communications facility where flight plans or position reports are normally filed (referred to in this part as "an appropriate aeronautical facility") as soon as possible. § 99.7 Special security instructions. Each person operating an aircraft in an ADIZ or Defense Area during an air defense emergency or defense emergency shall operate the aircraft in accordance with any special security instructions issued by the Administrator. For the purposes of this part an air defense emergency or defense emergency is any state of events that indicates to the responsible commander-in-chief of a command under the Secretary of Defense or higher authority that hostile action is in progress, is imminent, or is of sufficient probability to require, in the interest of national security, the implementation of any part of approved plans and agreements for the defense of the United States. The special security instructions are consistent with the provisions of the "Plan for the Security Control of Air Traffic and Electromagnetic Radiations During an Air Defense Emergency" (SCATER). § 99.9 Radio requirements. No person may operate an aircraft an ADIZ unless the aircraft has a ful tioning two-way radio. § 99.11 Flight plan requirement Coastal or Domestic ADIZ. (a) No person may operate an craft in or penetrating a Coastal Domestic ADIZ unless he has filed flight plan with an appropriate a nautical facility. (b) Unless ATC authorizes an breviated flight plan (1) A flight plan for IFR flight m contain the information specified § 91.83 of this chapter; and (2) A flight plan for VFR flight m contain the information specified § 91.83 (a) (1) through (7) of this chapt (c) The pilot shall designate a flig plan for VFR flight as a DVFR fig plan. § 99.13 Flight plan requiremen DEWIZ. (a) No person may operate an aircr in or penetrating a DEWIZ unless he h filed a flight plan before takeoff with appropriate aeronautical facility. there is no facility for filing a DV flight plan, the pilot must comply wi § 99.25(a) (2) and proceed according the instructions issued by the appr priate aeronautical facility. These structions normally require the flight proceed to a specific area for vis identification or to land at a stat location. (b) Unless ATC authorizes an abb viated flight plan (1) A flight plan for IFR flight m contain the information specified § 91.83 of this chapter and the estimat time and point of DEWIZ penetrat (ETDP); and (2) A flight plan for VFR flight m contain the information on § 91.83(a) through (7) of this chapter and the es mated time and point of DEWIZ penet tion (ETDP). (c) The pilot shall designate a flis plan for VFR flight as a DVFR fi plan. 9.17 Position reports; aircraft operating in or penetrating a Domestic ADIZ; IFR. 'he pilot of an aircraft operating in penetrating a Domestic ADIZ under a) In controlled airspace, shall make position reports required in § 91.125 his chapter; and b) In uncontrolled airspace, shall ke the position reports required in .19. 9.19 Position reports; aircraft operating in or penetrating a Domestic ADIZ; DVFR. o pilot may penetrate a Domestic IZ under DVFR unless a) He reports to an appropriate aerotical facility before penetration: The e, position, and altitude at which aircraft passed the last reporting at before penetration and the estited time of arrival over the next ropriate reporting point along the ht route; b) If there is no appropriate reportpoint along the flight route, he rets at least 15 minutes before penetra1: The estimated time, position, and tude at which he will penetrate; or c) If the airport of departure is so se to the Domestic ADIZ boundary t it prevents his complying with agraph (a) or (b) of this section, he reported immediately after taking The time of departure, altitude, and mated time of arrival over the first orting point along the flight route. 9.21 Position reports; aircraft entering the United States through a coastal ADIZ; United States aircraft. he pilot of an aircraft entering the ted States through a Coastal ADIZ Il make the reports required in § 99.17 99.19 to an appropriate aeronautical lity. § 99.25 Position reports; aircraft enter. ing the United States through a DEWIZ. (a) The pilot of an aircraft entering the United States through a DEWIZ— (1) If under IFR, shall report his position as required by § 91.125 of this chapter; or (2) If under DVFR, shall report when within radio range of an appropriate aeronautical facility but before penetration: The time, altitude, and position at which he passed the last reporting point and the estimated time, altitude, and point of penetration. (b) If requested, the pilot of an aircraft entering the United States through a DEWIZ shall advise an appropriate aeronautical facility of the difference between the actual time and point of penetration and the same data recorded in the original ground filed flight plan. § 99.27 Deviation from flight plans and ATC clearances and instructions. (a) No pilot may deviate from the provisions of an ATC clearance or ATC instruction except in accordance with § 91.75 of this chapter. (b) No pilot may deviate from his filed IFR flight plan when operating an aircraft in uncontrolled airspace unless he notifies an appropriate aeronautical facility before deviating. (c) No pilot may deviate from his filed DVFR flight plan unless he notifies an appropriate aeronautical facility before deviating. § 99.29 Radio failure; DVFR. If the pilot operating an aircraft under DVFR in an ADIZ cannot maintain twoway radio communications, he may proceed in accordance with his original DVFR flight plan or land as soon as practicable. The pilot shall report the radio failure to an appropriate aeronautical facility as soon as possible. § 99.31 Radio failure; IFR. If a pilot operating an aircraft under IFR in an ADIZ cannot maintain twoway radio communications, he shall proceed in accordance with § 91.127 of this chapter. Subpart B-Designated Air Defense Identification Zones (a) Air defense identification zones (ADIZ's) are areas of airspace over land or water in which the ready identification, location, and control of civil aircraft is required in the interest of national security. They are classified as— (1) Coastal air defense identification zones (Coastal ADIZ's); (2) Domestic air defense identification zones (Domestic ADIZ's); and (3) Distant early warning identification zones (DEWIZ's). (b) A defense area is any airspace of the United States (other than that designated as an ADIZ) in which the control of aircraft is required for national security during an air defense emergency or defense emergency. (c) For the purposes of this part, a Defense Visual Flight Rules (DVFR) flight is a flight within an ADIZ conducted under the visual flight rules in Part 91 [New]. § 99.5 Emergency situations. In an emergency that requires immediate decision and action for the safety of the flight, the pilot in command of an aircraft may deviate from the rules in this part to the extent required by that emergency. He shall report the reasons for the deviation to the communications facility where flight plans or position reports are normally filed (referred to in this part as "an appropriate aeronautical facility") as soon as possible. § 99.7 Special security instructions. Each person operating an aircraft in an ADIZ or Defense Area during an air defense emergency or defense emergency shall operate the aircraft in accordance with any special security instructions issued by the Administrator. For the purposes of this part an air defense emergency or defense emergency is any state of events that indicates to the responsible commander-in-chief of a command under the Secretary of Defense or higher authority that hostile action is in progress, is imminent, or is of sufficient probability to require, in the interest of national security, the implementation of any part of approved plans and agreements for the defense of the United States. The special security instructions are consistent with the provisions of the "Plan for the Security Control of Air Traffic and Electromagnetic Radiations During an Air Defense Emergency" (SCATER). § 99.9 Radio requirements. No person may operate an airc an ADIZ unless the aircraft has a tioning two-way radio. § 99.11 Flight plan requireme Coastal or Domestic ADIZ. (a) No person may operate an craft in or penetrating a Coast Domestic ADIZ unless he has f flight plan with an appropriate nautical facility. (b) Unless ATC authorizes ar breviated flight plan (1) A flight plan for IFR flight 1 contain the information specif § 91.83 of this chapter; and (2) A flight plan for VFR flight 1 contain the information specifi § 91.83 (a) (1) through (7) of this cha (c) The pilot shall designate & plan for VFR flight as a DVFR plan. § 99.13 Flight plan requireme DEWIZ. (a) No person may operate an a in or penetrating a DEWIZ unless filed a flight plan before takeoff w appropriate aeronautical facility there is no facility for filing & flight plan, the pilot must comply § 99.25 (a) (2) and proceed accord the instructions issued by the priate aeronautical facility. The structions normally require the f proceed to a specific area for identification or to land at & location. (b) Unless ATC authorizes an viated flight plan (1) A flight plan for IFR flight contain the information speci § 91.83 of this chapter and the est time and point of DEWIZ pene (ETDP); and (2) A flight plan for VFR flight contain the information on § 91.83. through (7) of this chapter and the mated time and point of DEWIZ tion (ETDP). (c) The pilot shall designate $2 plan for VFR flight as a DVFR plan. § 99.15 Arrival or completion no The pilot in command of an a for which a flight plan has bee shall file an arrival or completion with an appropriate aeronautical ity, unless the flight plan states notice will be filed. To 9 Position reports; aircraft operting in or penetrating a Domestic DIZ; DVFR. pilot may penetrate a Domestic under DVFR unless He reports to an appropriate aeroal facility before penetration: The position, and altitude at which rcraft passed the last reporting before penetration and the estitime of arrival over the next priate reporting point along the coute; If there is no appropriate reportint along the flight route, he ret least 15 minutes before penetraThe estimated time, position, and e at which he will penetrate; or If the airport of departure is so o the Domestic ADIZ boundary t prevents his complying with aph (a) or (b) of this section, he ported immediately after taking e time of departure, altitude, and ed time of arrival over the first ng point along the flight route. Position reports; aircraft enterg the United States through a astal ADIZ; United States aircraft. pilot of an aircraft entering the States through a Coastal ADIZ ake the reports required in § 99.17 O to an appropriate aeronautical § 99.25 Position reports; aircraft enter. ing the United States through a DEWIZ. (a) The pilot of an aircraft entering the United States through a DEWIZ— (1) If under IFR, shall report his position as required by § 91.125 of this chapter; or (2) If under DVFR, shall report when within radio range of an appropriate aeronautical facility but before penetration: The time, altitude, and position at which he passed the last reporting point and the estimated time, altitude, and point of penetration. (b) If requested, the pilot of an aircraft entering the United States through a DEWIZ shall advise an appropriate aeronautical facility of the difference between the actual time and point of penetration and the same data recorded in the original ground filed flight plan. § 99.27 Deviation from flight plans and ATC clearances and instructions. (a) No pilot may deviate from the provisions of an ATC clearance or ATC instruction except in accordance with § 91.75 of this chapter. (b) No pilot may deviate from his filed IFR flight plan when operating an aircraft in uncontrolled airspace unless he notifies an appropriate aeronautical facility before deviating. (c) No pilot may deviate from his filed DVFR flight plan unless he notifies an appropriate aeronautical facility before deviating. § 99.29 Radio failure; DVFR. If the pilot operating an aircraft under DVFR in an ADIZ cannot maintain twoway radio communications, he may proceed in accordance with his original DVFR flight plan or land as soon as practicable. The pilot shall report the radio failure to an appropriate aeronautical facility as soon as possible. § 99.31 Radio failure; IFR. If a pilot operating an aircraft under IFR in an ADIZ cannot maintain twoway radio communications, he shall proceed in accordance with § 91.127 of this chapter. Subpart B-Designated Air Defense Identification Zones |