The feds flip-flopped on this after the original interpretation shown in this thread. The most recent interpretation is this:
http://www.faa.gov/about/office_org...0/interpretations/data/interps/2008/Clark.pdf
U.S.Department
of Transportatton
Federal Aviation
Administration
JUL 2 4 2008
Mr. Steve Clark
2003 E. La Vieve Lane
Tempe, AZ 85284
Dear Mr. Clark:
Office of the Chief Counsel 800 Independence Ave., S.w.
Washington, D.C. 20591
This is in reference to your email request of March 5,2008, for interpretation of the recent
amendment to § 91.703 of Title 14 of the Code of Federal Regulations (CFR), Operations of
civil aircraft of U.S. registry outside of the United States.]
The FAA amended § 9L703(a)(3) to correct an unintended error that occurred during the
1990 recodification of Part 91, General Air Traffic and Operating Rules. As amended
Paragraph (a)(3) excludes the application ofthe speed restrictions in § 91.117(ai to U.S.
registered aircraft operating outside the U.S., unless otherWise required by regulation ofthe
foreign country in which the aircraft is operated or Annex 2 ofICAO.
You refer to the statement in Annex 2, Foreword, Applicability, which states that "The
Standards in this document, together with the Standard and Recommended Practices of
Annex 11, govern the application of the 'Procedures for Air Navigation Services-Rules of
the Air and Air Traffic Services' and the 'Regional Supplementary Procedures-· Rules of
the Air and Air Traffic Services', in which latter document will be found subsidiary
procedures of regional application." Specifically, you question whether this reference to
Annex 11 incorporates Appendix 4 of Annex 11 "ATS Airspace Classes-Service provided
and flight Requirements" into Annex 2.
In keeping with U.S. obligations under the Convention on International Civil Aviation, it is
FAA policy to comply with International Civil Aviation Organization (lCAO) Standard and
Recommended Practices to the maximum extent practicable. While the ICAO Standards
and Practices recommended in Annex 2, Rules of the Airfare applicable to pilots, the ICAO
provisions in Annex 11 are applicable to air traffic service providers. With respect to U.S.
designated airspace (domestic or offshore airspace) and as the service provider, it is the
FAA's determination-whether tDapply theIGAO·standard-insectien c2~6~1-,-2.6.2and 2.63 of
Annex 11.3 As stated in the preamble to the final rule correcting § 91.703(a)(3), the speed
I See Final Rule, Operation of Civil Aircraft of U.S. Registry Outside of the United States, 73 Fed. Reg. 10140;
February 26, 2008.
2 Paragraph (a) of § 91.117 provides that "Unless otherwise authorized by the Administrator, no person may
operate an aircraft below 10,000 feet MSL at an indicated airspeed of more than 250 knots."
3 Section 2.6.1 provides that ATS airspace shall be classified and designed in accordance with the section and
specifies the types of flights for Class A through G designated airspace. Section 2.6.2 provides that States shall
2
restriction in § 91.117(a) historically has not been applied to persons operating U.S.
registered civil aircraft in international airspace controlled by the FAA. This final rule
restored the regulatory text to continue that policy. Therefore, U.S. registered aircraft and
foreign registered aircraft are not subject to a speed restriction of 250 knots when operating
below 10,000 feet AMSL when operating outside the territorial boundaries of the U.S. but in
designated airspace under U.S. control.
I hope this information responds to your request.
Sincerely,
~~~rd ~
Assistant Chief Counsel Regulations Division, AGC-200