Legal Interpretations
Federico-Federico Helicopters 2010
Summary
The Question
Must a seasonal Part 135 operator surrender its certificate under 14 CFR 119.63 because it does not operate during its off season?
Background
Federico Helicopters, a single-pilot Part 135 VFR air carrier certificate holder, operates seasonally under contract with the California Department of Forestry (Cal/Fire). It also asked whether it must keep a full-time pilot during the off season.
The FAA’s Interpretation
No. 14 CFR 119.63 recognizes breaks in operations and sets a way to resume: the certificate holder advises the FAA at least 5 consecutive calendar days before resuming and makes itself available for inspection. A seasonal operator equipped to resume need not surrender its operations specifications (FAA Order 8900.1). No full-time pilot is required off season, but personnel changes must be reported to the certificate-holding district office before resuming (14 CFR 119.69(d)(3)).
- Requester
- Federico
- Organization
- Federico Helicopters
- Issued
- February 26, 2010
- Subjects
- Air Carrier & Commercial Operations · Definitions
Regulations Cited
Page 1
U.S. Department
of Transportation
Federal Aviation
Administration
FE8 2 6 2010
Office of the Chief Counsel
Federico Helicopters, Inc.
Leonard A. Federico, President
4955 E. Anderson #115
Fresno, CA 93727
Dear Mr. Federico,
800 Independence Ave., S.W.
Washington, D.C. 20591
This is in response to your request for a legal interpretation submitted on November 16, 2009, regarding the scope of 14 C.F.R. § 119.63 and the requirement to maintain a full time pilot during an operator's off season. You note that your operation is a "14 CFR Part 135 single pilot, nine or less, Visual Flight Rules (VFR) Air Carrier Certificate holder that operates seasonally under contract with the Cal/Fire- California Department of Forestry (CDF)." You ask whether§ 119.63 requires your operation to surrender its certificate because of low operating frequency, based on your seasonal requirements. You also ask whether you are required to maintain a full time pilot during the off-season. 14 C.F .R. § 119.63 states, in pertinent part, that [N]o certificate holder may conduct a kind of operation for which it holds authority in its operations specifications unless the certificate holder has conducted that kind of operation within 90 days [for on-demand operations] ....
If a certificate holder does not conduct a kind of operation for which it is authorized in its operations specifications within the number of calendar days specified in paragraph (a) of this section, it shall not conduct such kind of operation unless- (1) It advises the Administrator at least 5 consecutive calendar days before resumption of that kind of operation; and (2) It makes itself available and accessible during the 5 consecutive calendar day period in the event that the FAA decides to conduct a. full inspection reexamination to determine whether the certificate holder remains properly and adequately equipped and able to conduct a safe operation.
Section 119.63 recognizes that operators may cease to engage in operations in excess of specified periods, and it establishes a mechanism for resuming operations. During such breaks in operations, provided the certificate holder notifies the FAA and makes itself available for inspection, the certificate holder is not required to surrender his certificate. Moreover, a seasonal operator is not required to surrender his operations specifications (OpSpecs) if he is equipped to resume operations. See FAA Order 8900.1, Vol. 3, Ch. 18, § 8, par. 3-103 l(A)(2). You are not required to maintain a pilot full-time during the off-
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season. However, you are required to notify the certificate-holding district office of any change in personnel before resuming operations. See 14 CFR § 119.69(d)(3). To receive an authorized OpSpec, you must provide the name of the new pilot-in-command. See FAA Order 8900.1, Vol. 2, Ch. 4, § 1, par. 2-342.
We appreciate your patience and trust that the above responds to your concerns. If you require further assistance, please contact my staff at (202) 267-3073. This response was prepared by David Pardo, attorney for the Operations Law Branch of the Regulations Division of the Office of the Chief Counsel, and coordinated with the Air Transportation Division of the Flight Standards Service.
Sincerely,
fo--'7-)(fl-_
Rebecca B. MacPherson
Assistance Chief Counsel for Regulations, AGC-200
Regulations Referenced
Snapshot retrieved August 6, 2026.