Section 3. Temporary Flight Restrictions in National Disaster Areas in the State of Hawaii (Section 91.138)

19-3-1. PURPOSE

TFRs issued in accordance with 14 CFR Section 91.138 address a determination that an inhabited area within a declared national disaster area in the State of Hawaii needs protection for humanitarian reasons.

19-3-2. REQUESTING AUTHORITIES

The Governor of the State of Hawaii or the Governor's designee may request a TFR under 14 CFR 91.138.

19-3-3. DEGREE OF RESTRICTIONS

The TFR will specify the extent and duration necessary to protect persons and property on the surface. Restrictions issued under this section prohibit all aircraft from operating in the designated area unless at least one of the following conditions is met:

a. Authorization is obtained from the official in charge of associated emergency or disaster relief response activities, and the aircraft is operated under the conditions of that authorization.

b. The aircraft is carrying law enforcement officials.

c. The aircraft is carrying persons involved in an emergency or a legitimate scientific purpose.

d. The aircraft is carrying properly accredited newspersons, and before 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.

e. The aircraft is operating in accordance with an ATC clearance or instruction.

19-3-4. DURATION OF RESTRICTIONS

A NOTAM issued under this section is effective for 90 days or until the national disaster area designation is terminated, whichever comes first, or otherwise terminated by notice or extended at the request of the Governor of the State of Hawaii or the Governor's designee.