(a) General. In addition to the other applicable regulations of
this part, each person operating a foreign civil aircraft within the
United States shall comply with this section.
(b) VFR. No person may conduct VFR operations which require
two-way radio communications under this part unless at least one
crewmember of that aircraft is able to conduct two-way radio
communications in the English language and is on duty during that
operation.
(c) IFR. No person may operate a foreign civil aircraft under
IFR unless --
(1) That aircraft is equipped with --
(i) Radio equipment allowing two-way radio communication with ATC when
it is operated in controlled airspace; and
(ii) Radio navigational equipment appropriate to the navigational
facilities to be used;
(2) Each person piloting the aircraft --
(i) Holds a current United States instrument rating or is authorized by
his foreign airman certificate to pilot under IFR; and
(ii) Is thoroughly familiar with the United States en route, holding,
and letdown procedures; and
(3) At least one crewmember of that aircraft is able to conduct two-way
radiotelephone communications in the English language and that crewmember
is on duty while the aircraft is approaching, operating within, or leaving
the United States.
(d) Over water. Each person operating a foreign civil aircraft
over water off the shores of the United States shall give flight
notification or file a flight plan in accordance with the Supplementary
Procedures for the ICAO region concerned.
(e) Flight at and above FL 240. If VOR navigational equipment is
required under paragraph (c)(1)(ii) of this section, no person may operate
a foreign civil aircraft within the 50 States and the District of Columbia
at or above FL 240, unless the aircraft is equipped with distance
measuring equipment (DME) capable of receiving and indicating distance
information from the VORTAC facilities to be used. When DME required by
this paragraph fails at and above FL 240, the pilot in command of the
aircraft shall notify ATC immediately and may then continue operations at
and above FL 240 to the next airport of intended landing at which repairs
or replacement of the equipment can be made. However, paragraph (e) of
this section does not apply to foreign civil aircraft that are not
equipped with DME when operated for the following purposes and if ATC is
notified prior to each takeoff:
(1) Ferry flights to and from a place in the United States where
repairs or alterations are to be made.
(2) Ferry flights to a new country of registry.
(3) Flight of a new aircraft of U.S. manufacture for the purpose of --
(i) Flight testing the aircraft;
(ii) Training foreign flight crews in the operation of the aircraft; or
(iii) Ferrying the aircraft for export delivery outside the United
States.
(4) Ferry, demonstration, and test flight of an aircraft brought to the
United States for the purpose of demonstration or testing the whole or any
part thereof.