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39.—(1) The following special rules shall apply to the airspace notified for the purposes of this rule as the Upper Airspace Special Rules Area.
(2) The commander of an aircraft who intends to fly within the notified airspace shall, before so flying, cause to be communicated to the appropriate air traffic control unit a flight plan containing particulars of the time at which and level and track on which the aircraft is intended to pass through the notified airspace, and such particulars of the intended flight as may be necessary for search and rescue purposes.
(3) The commander of an aircraft shall, before the aircraft enters the notified airspace, obtain the permission of the appropriate air traffic control unit.
(4) While flying within the notified airspace, the commander of an aircraft shall:
(a)cause a continuous watch to be maintained on the notified radio frequency appropriate to the circumstances;
(b)measure the flight level by means of an altimeter set to 1013.2 millibars; and
(c)comply with any instructions which the appropriate air traffic control unit may give in the particular case.
(5) These special rules shall not apply in relation to any glider flying within the notified airspace.
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