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Legal Interpretations

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Thomas-TaughannockAviation 2008

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Summary

The Question

Is the FAA's 1991 interpretation of "adequate sleeping facilities" under 14 CFR 135.269(b)(5) still in effect?

Background

Taughannock Aviation Corp., a part 135 operator, asked about a 1991 interpretation of adequate sleeping quarters and current guidance, and described the sleeping facilities on its Gulfstream aircraft.

The FAA’s Interpretation

Yes. The FAA has consistently read "adequate sleeping facilities on the aircraft" in 14 CFR 135.269(b)(5) as generally meaning a bunk or berth, not a reclining seat. Because this is a matter of safety policy, the FAA considers each operator's means of compliance case by case. Advisory Circular 121-31 contains the current guidance.

Requester
Thomas
Organization
TaughannockAviation
Issued
March 14, 2008
Subjects
Air Carrier & Commercial Operations · Flight & Duty Time

Regulations Cited

  • 14 CFR Part 121
  • 14 CFR 135.269

Page 1

U.S.Department
of Transportation
Federal Aviation
Administration
MAR '1 4 2008
Mr. Robert B. Thomas
Taughannock Aviation Corp.
66 Brown Rd.
Ithaca, NY 14850
Dear Mr. Thomas,
Office of the Chief Counsel 800 Independence Ave., S.W.
Washington, D.C. 20591

This is in response to your request for an interpretation regarding adequate sleeping facilities as prescribed by 14 C.F.R. §135.269(b)(5). You question whether a 1991 interpretation of "adequate sleeping quarters" is still in effect, as well as the current status of guidance material on this subject. Additionally, you have presented what you perceive as "adequate sleeping facilities" under §135.269(b)(5), currently in use on your Gulfstream aircraft in your part 135 operations.

The interpretation you question is still in effect. The FAA has consistently interpreted the phrase "adequate sleeping facilities on the aircraft" as generally meaning a bunk or berth, but not a reclining seat. Because this is a matter of safety policy, however, we consider each operator's means of compliance with this adequacy requirement on a case-by-case basis. See Letter to Daniel J. Wells, from Donald P. Byrne, Assistant Chief Counsel for Regulations (Sept. 22, 2003); Legal Interpretation 1991-8 (Mar. 20,1991); Legal Interpretation; Legal Interpretation 1991-45 (June 24,1991); Legal Interpretation 1986-14 (Apr. 22, 1986); cf 50 Fed. Reg. 29317 (July 18, 1985) (noting that the word "approved" in proposed § 135.269(b)(5) was replaced with the word "adequate" for consistency with part 121 rest requirements) .

Advisory Circular 121-31 (Sept. 30, 1994) contains the current guidance on this subject. As noted in this guidance material, if you wish to have a formal FAA determination on the adequacy of the sleeping facilities in use on your particular aircraft as described in your letter, please address your request to: FAA Long Beach Aircraft Evaluation Group; 3960 Paramount Blvd.; Lakewood, CA 90712.

Page 2

We appreciate your patience and trust that the above responds your concerns. If you have any questions, please contact my staff at (202) 267-3073. This response was prepared by Anne Bechdolt, Attorney, reviewed by Joseph Conte, Manager, Operations Law Branch of the Office of the Chief Counsel, and coordinated with the Air Transportation Division of Flight Standards Service.

Sincerely,

~~:£:?!~Assistant Chief Counsel for Regulations

Regulations Referenced

14 CFR 135.26914 CFR Part 13514 CFR Part 121

Snapshot retrieved August 6, 2026.

Summary

The Question

Is the FAA's 1991 interpretation of "adequate sleeping facilities" under 14 CFR 135.269(b)(5) still in effect?

Background

Taughannock Aviation Corp., a part 135 operator, asked about a 1991 interpretation of adequate sleeping quarters and current guidance, and described the sleeping facilities on its Gulfstream aircraft.

The FAA’s Interpretation

Yes. The FAA has consistently read "adequate sleeping facilities on the aircraft" in 14 CFR 135.269(b)(5) as generally meaning a bunk or berth, not a reclining seat. Because this is a matter of safety policy, the FAA considers each operator's means of compliance case by case. Advisory Circular 121-31 contains the current guidance.

Requester
Thomas
Organization
TaughannockAviation
Issued
March 14, 2008
Subjects
Air Carrier & Commercial Operations · Flight & Duty Time

Regulations Cited

  • 14 CFR Part 121
  • 14 CFR 135.269