Division (b) Notwithstanding (a), the use of ATS is not required unless mandated by air space requirements for:

1. (1)

   F1operations under VFR by day of other-than complex motor-powered aeroplanes;

2. (2)

   helicopters with an MCTOM of 3 175 kg or less operated by day and over routes navigated by reference to visual landmarks; or

3. (3)

   local helicopter operations,

provided that search and rescue service arrangements can be maintained.