JO 7110.65 1-2-1

As used in this order:

“Must” means a procedure is mandatory.

“Must not” means a procedure is prohibited.

“Should” means a procedure is recommended.

“May” or “need not” means a procedure is optional.

“Will” means futurity, not a requirement for the application of a procedure.

Singular words include the plural.

Plural words include the singular.

“Aircraft” means the airframe, crew members, or both.

“Approved separation” means separation in accordance with the applicable minima in this order.

“Altitude” means indicated altitude mean sea level (MSL), flight level (FL), or both.

“Miles” means nautical miles unless otherwise specified, and means statute miles in conjunction with visibility.

“Course,” “bearing,” “azimuth,” “heading,” and “wind direction” information must always be magnetic unless specifically stated otherwise.

“Time” when used for ATC operational activities, is the hour and the minute in Coordinated Universal Time (UTC). Change to the next minute is made at the minute plus 30 seconds, except time checks are given to the nearest quarter minute.

“Runway” means the runway used by aircraft and, unless otherwise specified, does not include helipads and/or their accompanying takeoff/landing courses. (See Pilot/Controller Glossary terms – Runway and Helipad.)

Flight operations in accordance with the options of “due regard” or “operational” have the following requirements: Obligates the authorized state aircraft commander to: Separate his/her aircraft from all other air traffic; and

Assure that an appropriate monitoring agency assumes responsibility for search and rescue actions; and

Operate under at least one of the following conditions: In visual meteorological conditions (VMC); or

Within an area that is covered by an ATC surveillance source and in communications with ATC, or within surveillance source service volume and radio communications range of a facility, Department of Homeland Security or DoD unit capable of providing the pilot assistance to operate with due regard to other aircraft; or

Be equipped with airborne radar that is sufficient to provide separation between his/her aircraft and any other aircraft he/she may be controlling and other aircraft; or

Operate within Class G airspace.

An understanding between the pilot and controller regarding the intent of the pilot and the status of the flight should be reached before the aircraft leaves ATC frequency. NOTE-

A pilot's use of the phrase “Going Tactical” does not indicate “Due Regard.”

The above conditions provide for a level of safety equivalent to that normally given by International Civil Aviation Organization (ICAO) ATC agencies and fulfills U.S. Government obligations under Article 3, paragraph d, of the Chicago Convention of 1944, which stipulates there must be “due regard for the safety of navigation of civil aircraft” when flight is not being conducted under ICAO flight procedures.

REFERENCE-

DoD Instruction (DoDI) 4540.1, Enclosure 3, Para 3c(1)(c).

DoD Flight Information Publication (FLIP), Section 8-6c(1).

“CFR” means Code of Federal Regulations. FIG 1-2-1 Divergence