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  5. § 91.138
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14 CFR · Part 91

14 CFR § 91.138

Temporary flight restrictions in national disaster areas in the State of Hawaii.

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Read in Subpart B
Part 91 Contents
  • Special Federal Aviation Regulation No. 50-2: Special Flight Rules in the Vicinity of the Grand Canyon National Park, AZ
  • Special Federal Aviation Regulation No. 60: Air Traffic Control System Emergency Operation
  • Special Federal Aviation Regulation No. 97: Special Operating Rules for the Conduct of Instrument Flight Rules (IFR) Area Navigation (RNAV) Operations using Global Positioning Systems (GPS) in Alaska
  • Special Federal Aviation Regulation No. 104: Prohibition Against Certain Flights by Syrian Air Carriers to the United States
  • Subpart A: General
  • Subpart B: Flight Rules
  • Subpart C: Equipment, Instrument, and Certificate Requirements
  • Subpart D: Special Flight Operations
  • Subpart E: Maintenance, Preventive Maintenance, and Alterations
  • Subpart F: Large and Turbine-Powered Multiengine Airplanes and Fractional Ownership Program Aircraft
  • Subpart G: Additional Equipment and Operating Requirements for Large and Transport Category Aircraft
  • Subpart H: Foreign Aircraft Operations and Operations of U.S.-Registered Civil Aircraft Outside of the United States; and Rules Governing Persons on Board Such Aircraft
  • Subpart I: Operating Noise Limits
  • Subpart J: Waivers
  • Subpart K: Fractional Ownership Operations
  • Subpart L: Continued Airworthiness and Safety Improvements
  • Subpart M: Special Federal Aviation Regulations
  • Subpart N: Mitsubishi MU-2B Series Special Training, Experience, and Operating Requirements
  • Appendix A to Part 91: Category II Operations: Manual, Instruments, Equipment, and Maintenance
  • Appendix D to Part 91: Airports/Locations: Special Operating Restrictions
  • Appendix E to Part 91: Airplane Flight Recorder Specifications
  • Appendix F to Part 91: Helicopter Flight Recorder Specifications
  • Appendix G to Part 91: Operations in Reduced Vertical Separation Minimum (RVSM) Airspace
(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 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.

Referenced By

Advisory Circulars (2)

  • AC 00-63B
  • AC 91-63D

Documents that cite this section, found in their catalog metadata or text. Listed by date, not by significance.

Reflects the eCFR edition current as of July 6, 2026. Retrieved from ecfr.gov on July 17, 2026.

Primary Source

  • Official Source (14 CFR · Part 91)