Legal Interpretations
DeJoseph-2 2013
Summary
The Question
Why does FAA Notice 8900.197 apply only to part 135 flight crewmember training, not part 121, given the similar text of 14 CFR 121.402 and 14 CFR 135.324?
Background
A requester sought clarification of FAA Notice 8900.197, which addresses part 135 flight crewmember training, questioning its regulatory basis and procedural aspects and why it was not also made applicable to part 121 operations.
The FAA’s Interpretation
Because it answered part 135 inquiries. The Notice was issued for part 135 for the reasons in its purpose and background sections (paragraphs 1 and 5), as a necessary response to numerous inquiries about part 135 operations. For the basis and procedure questions, the FAA referred to a concurrent interpretation raising the same questions; for part 121 credit for training, to a February 28, 2013 interpretation to the same requester.
- Requester
- DeJoseph
- Issued
- May 30, 2013
- Subject
- Air Carrier & Commercial Operations
Regulations Cited
- 14 CFR Part 12
- 14 CFR 121.402
- 14 CFR 135.324
Page 1
U.S. Deportment
of Transportation
Federal Aviation
Administration
MAY 30 2013
Francis DeJose!2.h_
Dear Mr. DeJosepb:
Office of the Chief Counsel
800 Independence Ave., SW.
Washington, DC 20591
This letter responds to your December 11, 2012 request for clarification of FAA Notice 8900.1 97, which addresses the flight crewmember training provisions of part 135. In your request for a legal interpretation, you raised several questions regarding the Notice focusing on: (I) the regulatory basis for the notice; and (2) the procedural aspects ofthe notice. We are concurrently responding to another request for a legal interpretation that raises the same questions with regard to Notice 8900.197. Accordingly, please refer to the enclosed legal interpretation dated today issued to Charles A. Spillner from Mark W. Bury, Acting Assistant Chief Counsel for International Law, Legislation and Regulations.
In addition, you asked for the reasons why FAA Notice 8900.197 was not made applicable to part 12 1 operations as well as part 135 operations given the similar regulatory text in 14 C.F.R. § 121.402 as compared to § 135.324. The Notice was issued as applicable to part 135 for the reasons stated in the purpose and background sections of the Notice and provided a necessary response to numerous inquiries the agency received in the context of part 135 operations. See FAA Notice 8900.197, para. 1 and 5. For additional information on the "credit for training" issue in the context of part 121 operations, please refer to the February 28, 2013 legal interpretation issued to your attention from Mark W. Bury, a copy of which is enclosed.
This response was prepared by Bonnie C. Dragotta, Attorney, Operations Law Branch, International Law, Legislation and Regulations Division of the Office of the Chief Counsel and coordinated with the Air Transportation Division of Flight Standards Setvice. If you need further assistance, please contact our office at (202) 267-3073.
ry Acting Assistant Chief Co el for International Law, Legislation and Regulations, AGC-200
Enclosures
Regulations Referenced
Snapshot retrieved August 6, 2026.