FAR 91.138 — Hawaii Disaster TFRs
FAR 91.138 explains temporary flight restrictions over Hawaii national disaster areas, who may operate inside them, and how long the NOTAM stays in effect.
In Plain English
FAR 91.138 gives the FAA Administrator authority to establish a Temporary Flight Restriction (TFR) over an inhabited area inside a declared national disaster area in Hawaii when the Governor (or designee) requests protection for humanitarian reasons. The TFR is published by NOTAM, which spells out the boundaries and how long it lasts.
Once that NOTAM is active, you may not fly inside the designated area unless you meet at least one of these conditions:
- You have authorization from the official in charge of the disaster relief response and are flying per that authorization.
- The aircraft is carrying law enforcement officials.
- The aircraft is carrying persons involved in an emergency or a legitimate scientific purpose.
- The aircraft is carrying accredited newspersons, a flight plan is filed with the FAA/ATC facility named in the NOTAM, and the flight complies with conditions set by the on-scene official.
- The aircraft is operating under an ATC clearance or instruction.
These TFRs expire after 90 days or when the disaster designation ends — whichever comes first — unless extended. Operationally, this matters because Hawaii TFRs can pop up quickly after hurricanes, volcanic events, or wildfires, and busting one risks certificate action.
Regulation Text
14 CFR § 91.138§ 91.138 Temporary flight restrictions in national disaster areas in the State of Hawaii.
(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.
[Docket 26476, 56 FR 23178, May 20, 1991, as amended by Amdt. 91-270, 66 FR 47377, Sept. 11, 2001]
Oral Exam Questions a DPE Might Ask
Q1Under what circumstances can a TFR be issued under FAR 91.138, and who initiates the request?
Per FAR 91.138, the FAA Administrator issues the TFR by NOTAM after the Governor of Hawaii (or the Governor's designee) requests it to protect an inhabited area within a declared national disaster area for humanitarian reasons.
Q2You're a private pilot in Hawaii and a 91.138 TFR is active over your route. How could you legally operate within it?
FAR 91.138(b) lets me enter only if I meet one of the listed conditions: authorization from the official in charge of relief efforts, carrying law enforcement, carrying persons on an emergency or legitimate scientific mission, carrying accredited newspersons with a filed flight plan, or operating under an ATC clearance or instruction.
Q3How long is a NOTAM issued under FAR 91.138 effective?
FAR 91.138(c) states the NOTAM is effective for 90 days or until the national disaster area designation ends, whichever comes first, unless terminated earlier or extended by the Administrator at the Governor's request.
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Related Sections in Part 91