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(a)
This subpart prescribes rules for operating all
aircraft (except for the of Defense Ministry and law
enforcement aircraft) in a defense area, or into,
within, or out of the AFRO-CAA member States through
an Air Defense Identification Zone (ADIZ) designated
in subpart B.
(b)
Except for 99.7, 99.13, and 99.15 this subpart does
not apply to the operation of any aircraft-
(1)
Within the AFRO-CAA member States, on a flight which
remains within 10 nautical miles of the point of
departure;
(2)
Operating at true airspeed of less than 180 knots in
the ADIZ of any island of an AFRO-CAA member State.
(c)
An AFRO-CAA ATC center may exempt the following
operations from this subpart (except 99.7) on a
local basis only, with the concurrence of the
AFRO-CAA member State military commanders concerned,
or pursuant to an agreement with a AFRO-CAA member
States Federal security or intelligence agency:
(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 a AFRO-CAA member
States Military authority, or an AFRO-CAA Member
States. Federal security or intelligence agency
concerned.
Aeronautical facility
means, for the purposes of this subpart, a
communications facility where flight plans or
position reports are normally filed during flight
operations.
Air
defense identification zone
(ADIZ) means an area of airspace over land or water in which the ready
identification, location, and control of all
aircraft (except for Ministry of Defense and law
enforcement aircraft) is required in the interest of
national security.
Defense area
means any airspace of the contiguous AFRO-CAA member
States that is not an ADIZ in which the control of
aircraft is required for reasons of national
security.
Defense visual flight rules
(DVFR)
means, for the purposes of this subpart, a flight
within an ADIZ conducted by any aircraft (except for
Ministry of Defense and law enforcement aircraft) in
accordance with visual flight rules in part 91 of
this title.
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.
Each
person operating an aircraft in an ADIZ or Defense
Area must, in addition to the applicable rules of
this part, comply with special security instructions
issued by the Director General of an AFRO-member
State in the interest of national security, pursuant
to agreement between the AFRO-CAA and the Ministry
of Defense, or between the AFRO-CAA and an AFRO-CAA
member State security or intelligence agency.
(a)
A person who operates a civil aircraft into an ADIZ
must have a functioning two-way radio, and the pilot
must maintain a continuous listening watch on the
appropriate aeronautical facility's frequency.
(b)
No person may operate an aircraft into, within, or
whose departure point is within an ADIZ unless—
(1)
The person files a DVFR flight plan containing the
time and point of ADIZ penetration, and
(2)
The aircraft departs within five minutes of the
estimated departure time contained in the flight
plan.
(c)
If the pilot operating an aircraft under DVFR in an
ADIZ cannot maintain two-way radio communications,
the pilot may proceed, in accordance with original
DVFR flight plan, or land as soon as practicable.
The pilot must report the radio failure to an
appropriate aeronautical facility as soon as
possible.
(d)
If a pilot operating an aircraft under IFR in an
ADIZ cannot maintain two-way radio communications,
the pilot must proceed in accordance with 91.185 of
this chapter.
(a)
No person may operate an aircraft into, within, or
from a departure point within an ADIZ, unless the
person files, activates, and closes a flight plan
with the appropriate aeronautical facility, or is
otherwise authorized by air traffic control.
(b)
Unless ATC authorizes an abbreviated flight plan—
(1)
A flight plan for IFR flight must contain the
information specified in 91.169; and
(2)
A flight plan for VFR flight must contain the
information specified in 91.153(a) (1) through (6).
(3)
If airport of departure is within the ADIZ of a
remote area and there is no facility for filing a
flight plan then:
(i)
Immediately after takeoff or when within range of an
appropriate aeronautical facility, comply with
provisions of paragraph (b)(1) or (b)(2) as
appropriate.
(ii)
Proceed according to the instructions issued by the
appropriate aeronautical facility.
(c)
The pilot shall designate a flight plan for VFR
flight as a DVFR flight plan.
(d)
The pilot in command of an aircraft for which a
flight plan has been filed must file an arrival or
completion notice with an appropriate aeronautical
facility.
(a)
Aircraft transponder-on operation. Each
person operating an aircraft into or out of the
AFRO-CAA member States into, within, or across an
ADIZ designated in subpart B of this part, if that
aircraft is equipped with an operable radar beacon
transponder, shall operate the transponder,
including altitude encoding equipment if installed,
and shall reply on the appropriate code or as
assigned by ATC.
(b)
ATC transponder equipment and use. Unless
otherwise authorized by ATC, no person may operate a
civil aircraft into or out of the AFRO-CAA member
States into, within, or across the contiguous
AFRO-CAA member States. ADIZ designated in subpart B
of this part unless that aircraft is equipped with a
coded radar beacon transponder.
(c)
ATC transponder and altitude reporting equipment
and use. Effective December 30, 1990, unless
otherwise authorized by ATC, no person may operate a
civil aircraft into or out of the AFRO-CAA member
States into, within, or across the contiguous
AFRO-CAA member States. ADIZ unless that aircraft is
equipped with a coded radar beacon transponder and
automatic pressure altitude reporting equipment
having altitude reporting capability that
automatically replies to interrogations by
transmitting pressure altitude information in
100-foot increments.
(d)
Paragraphs (b) and (c) of this section do not apply
to the operation of an aircraft which was not
originally certificated with an engine-driven
electrical system and which has not subsequently
been certified with such a system installed, a
balloon, or a glider.
(a)
The pilot of an aircraft operating in or penetrating
an ADIZ under IFR—
(1)
In controlled airspace, must make the position
reports required in 91.183; and
(2)
In uncontrolled airspace, must make the position
reports required in this section.
(b)
No pilot may operate an aircraft penetrating an ADIZ
under DVFR unless—
(1)
The pilot reports to an appropriate aeronautical
facility before penetration: the time, position, and
altitude at which the aircraft passed the last
reporting point before penetration and the estimated
time of arrival over the next appropriate reporting
point along the flight route;
(2)
If there is no appropriate reporting point along the
flight route, the pilot reports at least 15 minutes
before penetration: The estimated time, position,
and altitude at which the pilot will penetrate; or
(3)
If the departure airport is within an ADIZ or so
close to the ADIZ boundary that it prevents the
pilot from complying with paragraphs (b)(1) or (2)
of this section, the pilot must report immediately
after departure: the time of departure, the
altitude, and the estimated time of arrival over the
first reporting point along the flight route.
(c)
In addition to any other reports as ATC may require,
no pilot in command of a foreign civil aircraft may
enter the AFRO-CAA member States through an ADIZ
unless that pilot makes the reports required in this
section or reports the position of the aircraft when
it is not less that one hour and not more that 2
hours average direct cruising distance from the
Africa.
(a)
No pilot may deviate from the provisions of an ATC
clearance or ATC instruction except in accordance
with 91.123 of this chapter.
(b)
No pilot may deviate from the filed IFR flight plan
when operating an aircraft in uncontrolled airspace
unless that pilot notifies an appropriate
aeronautical facility before deviating.
(c)
No pilot may deviate from the filed DVFR flight plan
unless that pilot notifies an appropriate
aeronautical facility before deviating.
99.19-99.31 [Reserved]
The
airspace above the areas described in this subpart
is established as an ADIZ. The lines between points
described in this subpart are great circles except
that the lines joining adjacent points on the same
parallel of latitude are rhumb lines.
Published separately and available at AFRO-CAA
offices.
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