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42.13.1 Pilot
42.13.1.1 This clearance must be requested by the
pilot on an IFR flight plan, and if approved, allows the
pilot the choice to select (subject to any ATC
restrictions) an altitude or flight level in lieu of an
assigned altitude.
NOTE-
1. VFR-on-top is not permitted in certain airspace areas,
such as Class A airspace, certain restricted areas, etc.
Consequently, IFR flights operating VFR-on-top will
avoid such airspace.
2. See paragraph 32 of this section, IFR Separation
Standards; GEN 3.3 paragraph 6, Position Reporting; and
GEN 3.3 paragraph 7, Additional Reports.
42.13.1.2 By requesting a VFR-on-top clearance,
the pilot assumes the sole responsibility to be vigilant
so as to see and avoid other aircraft and to:
a) Fly at the appropriate VFR altitude as
prescribed in 14 CFR Section 91.159.
b) Comply with the VFR visibility and distance
from clouds criteria in 14 CFR Section91.155 (Basic
VFR Weather Minimums).
c) Comply with instrument flight rules that are
applicable to this flight; i.e., minimum IFR altitudes,
position reporting, radio communications, course to
be flown, adherence to ATC clearance, etc.
d) Advise ATC prior to any altitude change to
ensure the exchange of accurate traffic information.
42.13.2 Controller
42.13.2.1 May clear an aircraft to maintain VFRon-
top if the pilot of an aircraft on an IFR flight plan
requests the clearance.
42.13.2.2 Informs the pilot of an aircraft cleared to
climb to VFR-on-top the reported height of the tops
or that no top report is available; issues an alternate
clearance if necessary; and once the aircraft reports
reaching VFR-on-top, reclears the aircraft to
maintain VFR-on-top.
42.13.2.3 Before issuing clearance, ascertains that
the aircraft is not in or will not enter Class A airspace.
42.14 Instrument Departures
42.14.1 Pilot
42.14.1.1 Prior to departure, considers the type of
terrain and other obstructions on or in the vicinity of
the departure airport.
42.14.1.2 Determines if obstruction avoidance can
be maintained visually or that the departure
procedure should be followed.
42.14.1.3 Determines whether a departure procedure
and/or instrument departure procedure (DP) is
available for obstruction avoidance.
42.14.1.4 At airports where instrument approach
procedures have not been published, hence no
published departure procedure, determines what
action will be necessary and takes such action that
will assure a safe departure.
42.14.2 Controller
42.14.2.1 At locations with airport traffic control
service, when necessary, specifies direction of
takeoff/turn or initial heading to be flown after
takeoff.
42.14.2.2 At locations without airport traffic control
service but within Class E surface area, when
necessary to specify direction of takeoff/turn or initial
heading to be flown, obtains pilot's concurrence that
the procedure will allow him/her to comply with local
traffic patterns, terrain, and obstruction avoidance.
42.14.2.3 Includes established departure procedures
as part of the air traffic control clearance when pilot
compliance is necessary to ensure separation.
42.15 Minimum Fuel Advisory
42.15.1 Pilot
42.15.1.1 Advises ATC of your “minimum fuel”
status when your fuel supply has reached a state
where, upon reaching destination, you cannot accept
any undue delay.
42.15.1.2 Be aware that this is not an emergency
situation but merely an advisory that indicates an
emergency situation is possible should any undue
delay occur.
42.15.1.3 On initial contact the term “minimum
fuel” should be used after stating call sign.
EXAMPLESalt
Lake Approach, United 621, “minimum fuel.”
42.15.1.4 Be aware a minimum fuel advisory does
not imply a need for traffic priority.
30 AUG 07
ENR 1.1-66 AIP
15 MAR 07 United States of America
Nineteenth Edition Federal Aviation Administration
42.15.1.5 If the remaining usable fuel supply
suggests the need for traffic priority to ensure a safe
landing, you should declare an emergency due to low
fuel, and report the fuel remaining in minutes.
42.15.2 Controller
42.15.2.1 When an aircraft declares a state of
“minimum fuel,” relay this information to the facility
to whom control jurisdiction is transferred.
42.15.2.2 Be alert for any occurrence which might
delay the aircraft.
43. Traffic Alert and Collision Avoidance
System (TCAS I & II)
43.1 TCAS I provides proximity warning only, to
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