PART 99--SECURITY CONTROL OF AIR TRAFFIC Subpart A--General Sec. 99.1 Applicability. 99.3 General. 99.5 Emergency situations. 99.7 Special security instructions. 99.9 Radio requirements. 99.11 ADIZ flight plan requirements. 99.12 Transponder-on requirements. 99.15 Arrival or completion notice. 99.17 Position reports; aircraft operating in or penetrating an ADIZ; IFR. 99.19 Position reports; aircraft operating in or penetrating an ADIZ; DVFR. 99.21 Position reports; aircraft entering the United States through an ADIZ; U.S. aircraft. 99.23 Position reports; aircraft entering the United States through an ADIZ; foreign aircraft. 99.27 Deviation from flight plans and ATC clearances and instructions. 99.29 Radio failure; DVFR. 99.31 Radio failure; IFR. Subpart B--Designated Air Defense Identification Zones 99.41 General. 99.42 Contiguous U.S. ADIZ. 99.43 Alaska ADIZ. 99.45 Guam ADIZ. 99.47 Hawaii ADIZ. 99.49 Defense Area. Authority: 49 U.S.C. 1348, 1354(a), 1502, 1510, and 1522; 49 U.S.C. 106(g) (Revised Pub. L. 97-449, January 12, 1983). Source: Docket No. 25113, Amdt. 99-13, 53 FR 18217, May 20, 1988, unless otherwise noted. Subpart A--General Sec. 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 Secs. 99.7 and 99.12, this subpart does not apply to the operation of any aircraft-- (1) Within the 48 contiguous States and the District of Columbia, or within the State of Alaska, 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 Hawaii ADIZ or over any island, or within 3 nautical miles of the coastline of any island, in the Hawaii ADIZ; (3) Operating at true airspeed of less than 180 knots in the Alaska ADIZ while the pilot maintains a continuous listening watch on the appropriate frequency; or (4) Operating at true airspeed of less than 180 knots in the Guam ADIZ. (c) Except as provided in Sec. 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 two-way radio and is operated in accordance with a filed DVFR flight plan containing the time and point of ADIZ penetration and that aircraft departs within 5 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 Section 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. [Doc. No. 25113, Amdt. 99-13, 53 FR 18217, May 20, 1988, as amended by Amdt. 99-14, 53 FR 44182, Nov. 2, 1988] Sec. 99.3 General. (a) The Air Defense Identification Zone (ADIZ) is an area 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. (b) Unless designated as an ADIZ, a Defense Area is any airspace of the United States in which the control of aircraft is required for reasons of national security. (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. Sec. 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. Sec. 99.7 Special security instructions. Each person operating an aircraft in an ADIZ or Defense Area shall, in addition to the applicable rules of this Part, comply with special security instructions issued by the Administrator in the interest of national security and that are consistent with appropriate agreements between the FAA and the Department of Defense. Sec. 99.9 Radio requirements. Except as provided in Sec. 99.1(c), no person may operate an aircraft in an ADIZ unless the aircraft has a functioning two-way radio. Sec. 99.11 ADIZ flight plan requirements. (a) Unless otherwise authorized by ATC, no person may operate an aircraft into, within, or across an ADIZ unless that person has filed a flight plan with an appropriate aeronautical facility. (b) Unless ATC authorizes an abbreviated flight plan-- (1) A flight plan for IFR flight must contain the information specified in Sec. 91.169; and (2) A flight plan for VFR flight must contain the information specified in Sec. 91.153(a) (1) through (6). (3) If airport of departure is within the Alaskan ADIZ 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. [Doc. No. 25113, Amdt. 99-13, 53 FR 18217, May 20, 1988; Amdt. 99-14, 53 FR 44182, Nov. 2, 1988, as amended by Amdt. 99-11, 54 FR 34331, Aug. 18, 1989] Effective Date Note: At 54 FR 34331, Aug. 18, 1989, in Sec. 99.11 paragraph (b)(1) was amended by changing the cross reference "Sec. 91.83" to read "Sec. 91.169", and paragraph (b)(2) was amended by changing the cross reference "Sec. 91.83(a) (1) through (7)" to read "Sec. 91.153(a) (1) through (6)", effective August 18, 1990. Sec. 99.12 Transponder-on requirements. (a) Aircraft transponder-on operation. Each person operating an aircraft into or out of the United 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. Effective September 7, 1990, unless otherwise authorized by ATC, no person may operate a civil aircraft into or out of the United States into, within, or across the contiguous U.S. 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 United States into, within, or across the contiguous U.S. 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. [Doc. No. 24903, Amdt. 99-16, 55 FR 8395, Mar. 7, 1990] ***************************************************************************** 55 FR 8390, No. 45, Mar. 7, 1990 SUMMARY: This action establishes requirements for all civil aircraft to be equipped with a transponder (basic transponder or Mode S transponder) with automatic altitude reporting equipment (referred to in this document as "a transponder with Mode C") when conducting operations into or out of the United States into, within, or across the contiguous U.S. ADIZ. The FAA is taking this action to reduce the risk of a midair collision and to reduce the use of aircraft engaged in the illegal transportation of drugs. EFFECTIVE DATE: April 6, 1990. ***************************************************************************** Sec. 99.15 Arrival or completion notice. The pilot in command of an aircraft for which a flight plan has been filed shall file an arrival or completion notice with an appropriate aeronautical facility, unless the flight plan states that no notice will be filed. Sec. 99.17 Position reports; aircraft operating in or penetrating an ADIZ; IFR. The pilot of an aircraft operating in or penetrating an ADIZ under IFR-- (a) In controlled airspace, shall make the position reports required in Sec. 91.183; and (b) In uncontrolled airspace, shall make the position reports required in Sec. 99.19. [Doc. No. 25113, Amdt. 93-13, 53 FR 18217, May 20, 1988, as amended by Amdt. 99-11, 54 FR 34331, Aug. 18, 1989] Effective Date Note: At 54 FR 34331, August 18, 1989, Sec. 99.17(a) was amended by changing the cross reference "Sec. 91.125" to read "Sec. 91.183", effective August 18, 1990. Sec. 99.19 Position reports; aircraft operating in or penetrating an ADIZ; DVFR. No pilot may operate an aircraft penetrating an ADIZ under DVFR unless-- (a) That 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; (b) If there is no appropriate reporting point along the flight route, that pilot reports at least 15 minutes before penetration: The estimated time, position, and altitude at which he will penetrate; or (c) If the airport departure is within an ADIZ or so close to the ADIZ boundary that it prevents his complying with paragraphs (a) or (b) of this section, that pilot has reported immediately after taking off: the time of departure, altitude, and estimated time of arrival over the first reporting point along the flight route. Sec. 99.21 Position reports; aircraft entering the United States through an ADIZ; United States aircraft. The pilot of an aircraft entering the United States through an ADIZ shall make the reports required in Secs. 99.17 or 99.19 to an appropriate aeronautical facility. Sec. 99.23 Position reports; aircraft entering the United States through an ADIZ; foreign aircraft. In addition to such other reports as ATC may require, no pilot in command of a foreign civil aircraft may enter the U.S. through an ADIZ unless that pilot makes the reports required in Secs. 99.17 or 99.19 or reports the position of the aircraft when it is not less than one hour and not more than 2 hours average direct cruising distance from the United States. [Doc. No. 25113, Amdt. 99-13, 53 FR 18217, May 20, 1988; 53 FR 21989, June 13, 1988] Sec. 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 Sec. 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. [Doc. No. 25113, Amdt. 93-13, 53 FR 18217, May 20, 1988, as amended by Amdt. 99-11, 54 FR 34331, Aug. 18, 1989] Effective Date Note: At 54 FR 34331, August 18, 1989, Sec. 99.27(a) was amended by changing the cross reference "Sec. 91.75" to read "Sec. 91.123", effective August 18, 1990. Sec. 99.29 Radio failure; DVFR. 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 shall report the radio failure to an appropriate aeronautical facility as soon as possible. Sec. 99.31 Radio failure; IFR. If a pilot operating an aircraft under IFR in an ADIZ cannot maintain two- way radio communications, the pilot shall proceed in accordance with Sec. 91.185 of this chapter. [Doc. No. 25113, Amdt. 93-13, 53 FR 18217, May 20, 1988, as amended by Amdt. 99-11, 54 FR 34331, Aug. 18, 1989] Effective Date Note: At 54 FR 34331, August 18, 1989, Sec. 99.31 was amended by changing the cross reference "Sec. 91.127" to read "Sec. 91.185", effective August 18, 1990. Subpart B--Designated Air Defense Identification Zones Sec. 99.41 General. The airspace above the areas described in this subpart is established as an ADIZ Defense Area. 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. Sec. 99.42 Contiguous U.S. ADIZ. (a) The area bounded by a line from 26 deg.00'N, 96 deg.35'W; 26 deg.00'N, 95 deg.00'W; 26 deg.30'N, 95 deg.00'W; then along 26 deg.30'N to 26 deg.30'N, 84 deg.00'W; 24 deg.00'N, 83 deg.00'W; 24 deg.00'N, 80 deg.00'W; 24 deg.00'N, 79 deg.25'W; 25 deg.40'N, 79 deg.25'W; 27 deg.30'N, 78 deg.50'W; 30 deg.45'N, 74 deg.00'W; 39 deg.30'N, 63 deg.45'W; 43 deg.00'N, 65 deg.48'W; 41 deg.15'N, 69 deg.30'W; 40 deg.32'N, 72 deg.15'W; 39 deg.55'N, 73 deg.00'W; 39 deg.38'N, 73 deg.00'W; 39 deg.36'30"N, 73 deg.40'30"W; 39 deg.30'N, 73 deg.45'W; 37 deg.00'N, 75 deg.30'W; 36 deg.10'N, 75 deg.10'W; 35 deg.10'N, 75 deg.10'W; 32 deg.01'N, 80 deg.32'W; 30 deg.50'N, 80 deg.54'W; 30 deg.05'N, 81 deg.07'W; 27 deg.59'N, 79 deg.23'W; 24 deg.49'N, 80 deg.00'W; 24 deg.49'N, 80 deg.55'W; 25 deg.10'N, 81 deg.12'W; then along a line 3 nautical miles from the shoreline to 25 deg.45'N, 81 deg.27'W; 25 deg.45'N, 82 deg.07'W; 28 deg.55'N, 83 deg.30'W; 29 deg.20'N, 85 deg.00'W; 30 deg.00'N, 86 deg.00'W; 30 deg.00'N, 88 deg.30'W; 29 deg.00'N, 89 deg.00'W; 28 deg.45'N, 90 deg.00'W; 29 deg.26'N, 94 deg.00'W; 28 deg.42'N, 95 deg.17'W; 28 deg.05'N, 96 deg.30'W; 26 deg.25'N, 96 deg.30'W; 26 deg.00'N, 96 deg.35'W; 25 deg.58'N, to 97 deg.07'W; (b) The area bounded by a line from 32 deg.32'03"N, 117 deg.07'25"W; 32 deg.30'N, 117 deg.20'W; 32 deg.00'N, 118 deg.24'W; 30 deg.45'N, 120 deg.50'W; 29 deg.00'N, 124 deg.00'W; 37 deg.42'N, 130 deg.40'W; 48 deg.20'N, 132 deg.00'W; 48 deg.20'N, 128 deg.00'W; 48 deg.30'N, 125 deg.00'W; 48 deg.29'38"N, 124 deg.43'35"W; 48 deg.00'N, 125 deg.15'W; 46 deg.15'N, 124 deg.30'W; 43 deg.00'N, 124 deg.40'W; 40 deg.00'N, 124 deg.35'W; 38 deg.50'N, 124 deg.00'W; 34 deg.50'N, 121 deg.10'W; 34 deg.00'N, 120 deg.30'W; 32 deg.00'N, 118 deg.24'W; 32 deg.30'N, 117 deg.20'W; 32 deg.32'03"N, to 117 deg.07'25"W; and (c) A line extending from 32 deg.32'03"N, 117 deg.07 deg.25"W; eastward along the United States-Mexico Border to 25 deg.58'00"N, 97 deg.07'00"W." [Doc. No. 25113, Amdt. 99-13, 53 FR 34043, Sept. 2, 1988] Sec. 99.43 Alaska ADIZ. The area bounded by a line 54 deg.00'N, 136 deg.00'W; 56 deg.57'N, 144 deg.00'W; 57 deg.00'N, 145 deg.00'W; 53 deg.00'N, 158 deg.00'W; 50 deg.00'N, 169 deg.00'W; 50 deg.00'N, 180 deg.00'; 50 deg.00'N, 170 deg.00'E; 53 deg.00'N, 170 deg.00'E; 60 deg.00'N, 180 deg.00'; 65 deg.00'N, 169 deg.00'W; then along 169 deg.00'W to 75 deg.00'N, 169 deg.00'W; then along the 75 deg.00'N parallel to 75 deg.00'N; 141 deg.00'W to 69 deg.50'N, 141 deg.00'W; 71 deg.18'N, 156 deg.44'W; 69 deg.52'N, 163 deg.00'W; then south along 163 deg.00'W to 54 deg.00'N, 163 deg.00'W; 56 deg.30'N, 154 deg.00'W; 59 deg.20'N, 146 deg.00'W; 59 deg.30'N, 140 deg.00'W; 57 deg.00'N, 136 deg.00'W; 54 deg.35'N, 133 deg.00'W; to point of beginning. [Doc. No. 25113, Amdt. 99-13, 53 FR 18217, May 20, 1988; 53 FR 21989, June 13, 1988] Sec. 99.45 Guam ADIZ. (a) Inner boundary. From a point 13 deg.52'07"N, 143 deg.59'16"E, counterclockwise along the 50-nautical-mile radius arc of the NIMITZ VORTAC (located at 13 deg.27'11"N, 144 deg.43'51"E); to a point 13 deg.02'08"N, 145 deg.28'17"E; then to a point 14 deg.49'07"N, 146 deg.13'58"E; counterclockwise along the 35-nautical-mile radius arc of the SAIPAN NDB (located at 15 deg.06'46"N, 145 deg.42'42"E); to a point 15 deg.24'21"N, 145 deg.11'21"E; then to the point of origin. (b) Outer boundary. The area bounded by a circle with a radius of 250 NM centered at latitude 13 deg.32'41"N, longitude 144 deg.50'30"E. Sec. 99.47 Hawaii ADIZ. (a) Outer boundary. The area included in the irregular octagonal figure formed by a line connecting 26 deg.30'N, 156 deg.00'W; 26 deg.30'N, 161 deg.00'W; 24 deg.00'N, 164 deg.00'W; 20 deg.00'N, 164 deg.00'W; 17 deg.00'N, 160 deg.00'W; 17 deg.00'N, 156 deg.00'W; 20 deg.00'N, 153 deg.00'W; 22 deg.00'N, 153 deg.00'W; to point of beginning. (b) Inner boundary. The inner boundary to follow a line connecting 22 deg.30'N, 157 deg.00'W; 22 deg.30'N, 160 deg.00'W; 22 deg.00'N, 161 deg.00'W; 21 deg.00'N, 161 deg.00'W; 20 deg.00'N, 160 deg.00'W; 20 deg.00'N, 156 deg.30'W; 21 deg.00'N, 155 deg.30'W; to point of beginning. Sec. 99.49 Defense Area. All airspace of the United States is designated as Defense Area except that airspace already designated as Air Defense Identification Zone.