Legal Interpretations
Hinderberger-Boeing 2010
Summary
The Question
Does "required by the operating rules of this chapter" in 14 CFR 25.1457 and 14 CFR 25.1459 refer only to N-registered airplanes?
Background
The Boeing Company's designated compliance organization said it read that phrase in those two 14 CFR part 25 sections as referring to N-registered airplanes only, and also asked about the applicability statements in 14 CFR 129.1(a) and (b).
The FAA’s Interpretation
It depends on the operating rule. "Of this chapter" means any part of 14 CFR chapter 1, parts 1 through 199, and when an operating rule such as 14 CFR 121.344 requires a recorder, the 14 CFR part 25 installation requirements must also be met. Most operating rules apply only to U.S.-registered airplanes, and the 2008 flight recorder amendments were not intended to affect non-U.S. registered aircraft.
- Requester
- Hinderberger
- Organization
- Boeing
- Issued
- July 29, 2010
- Subjects
- Pilot Certification & Privileges · General Operating & Flight Rules · Air Carrier & Commercial Operations · Maintenance & Repair Stations · Flight & Duty Time · Drug & Alcohol Testing · Small Unmanned Aircraft · Definitions · Rulemaking & Enforcement · Aircraft & Parts Certification · Medical Certification · Training Schools & Centers · Flight Simulation Training Devices
Regulations Cited
- 14 CFR Part 1
- 14 CFR Part 3
- 14 CFR Part 5
- 14 CFR Part 11
- 14 CFR Part 13
- 14 CFR Part 14
- 14 CFR Part 15
- 14 CFR Part 16
- 14 CFR Part 17
- 14 CFR Part 21
- 14 CFR Part 23
- 14 CFR 25.1457
- 14 CFR 25.1459
- 14 CFR Part 26
- 14 CFR Part 27
- 14 CFR Part 29
- 14 CFR Part 31
- 14 CFR Part 33
- 14 CFR Part 34
- 14 CFR Part 35
- 14 CFR Part 36
- 14 CFR Part 39
- 14 CFR Part 43
- 14 CFR Part 45
- 14 CFR Part 47
- 14 CFR Part 48
- 14 CFR Part 49
- 14 CFR Part 50
- 14 CFR Part 51
- 14 CFR Part 52
- 14 CFR Part 53
- 14 CFR Part 54
- 14 CFR Part 55
- 14 CFR Part 56
- 14 CFR Part 57
- 14 CFR Part 58
- 14 CFR Part 59
- 14 CFR Part 60
- 14 CFR Part 61
- 14 CFR Part 63
- 14 CFR Part 65
- 14 CFR Part 67
- 14 CFR Part 68
- 14 CFR Part 71
- 14 CFR Part 73
- 14 CFR Part 75
- 14 CFR Part 77
- 14 CFR Part 91
- 14 CFR Part 93
- 14 CFR Part 95
- 14 CFR Part 97
- 14 CFR Part 99
- 14 CFR Part 101
- 14 CFR Part 103
- 14 CFR Part 105
- 14 CFR Part 106
- 14 CFR Part 107
- 14 CFR Part 108
- 14 CFR Part 109
- 14 CFR Part 110
- 14 CFR Part 111
- 14 CFR Part 112
- 14 CFR Part 113
- 14 CFR Part 114
- 14 CFR Part 115
- 14 CFR Part 116
- 14 CFR Part 117
- 14 CFR Part 118
- 14 CFR Part 119
- 14 CFR Part 120
- 14 CFR 121.344
- 14 CFR Part 125
- 14 CFR 129.1
- 14 CFR 129.20
- 14 CFR Part 133
- 14 CFR Part 135
- 14 CFR Part 136
- 14 CFR Part 137
- 14 CFR Part 139
- 14 CFR Part 140
- 14 CFR Part 141
- 14 CFR Part 142
- 14 CFR Part 143
- 14 CFR Part 145
- 14 CFR Part 147
- 14 CFR Part 150
- 14 CFR Part 151
- 14 CFR Part 152
- 14 CFR Part 153
- 14 CFR Part 155
- 14 CFR Part 156
- 14 CFR Part 157
- 14 CFR Part 158
- 14 CFR Part 161
- 14 CFR Part 169
- 14 CFR Part 170
- 14 CFR Part 171
- 14 CFR Part 183
- 14 CFR Part 185
- 14 CFR Part 187
- 14 CFR Part 189
- 14 CFR Part 193
- 14 CFR Part 198
- 14 CFR Part 199
Page 1
U.S. Department
of Transportation
Federal Aviation
Administration
JUL 2 9 2010
Office of the Chief Counsel
Ronald J. Hinderberger, Lead Administrator
BCA Designated Compliance Organization
The Boeing Company
P.O. Box 3707 MC 67-LR
Seattle, WA 98124-2207
Dear Mr. Hinderberger:
800 Independence Ave., S.W.
Washington, D .C. 20591
Thank you for your letter of April 2, 2010 requesting clarification of the term "required by the operating rules of this chapter" as used in 14 CFR §§ 25.1457 and 25.1459. Any time the phrase "of this chapter" is used in our regulations, it refers to any part of 14 CFR Chapter 1, which includes parts 1through199. Thus the phrase "operating rules of this chapter" refers to any of those parts under which an aircraft operator may conduct its operations.
Your letter states that Boeing understands the phrase used in those two sections of Part 25 to refer to N-registered airplanes only. This is not a yes or no answer. Your question starts with a certification rule and its applicability to an operating airplane, while w~ begin the assessment of applicability with the operating rule. In other words, when an operating rule (such as §121.344) requires a flight recorder to be installed, then the certification requirements for installation (such as §25.1459) must also be met. The certification regulations do not presume operation under any particular part; hence, the applicability of the Part 25 regulations to the equipment "required by the operating rules of this chapter" without specifying what an operating rule that might apply would be. Most of the operating rules in 14 CFR chapter 1 apply only to U.S.-registered airplanes. Certain operating rules, such as those contained in part 91, may apply to all aircraft operating in the United States regardless of registration, but generally do not include equipment requirements.
We did not intend any of the equipment requirements in the 2008 amendments to the flight recorder regulations to affect any non-U.S. registered aircraft. You also requested clarification of the applicability statements in 14 CFR §129.1 (a) and (b) regarding flight recorder regulations. Paragraph (a) applies to "[F]oreign air carrier operations in the United States, and means certain foreign-registered aircraft operating in the United States. Paragraph (b) refers to "Operations ofUS.-registered aircraft solely outside the United States," and refers to any U.S-registered aircraft operated "in common c~age
Page 2
by a foreign person or foreign air carrier" whether or not it operates in U.S. airspace. The most common example of the latter would be an aircraft operated by a foreign air carrier but carrying an N registration because the aircraft remains under title to a U.S. bank or other owner.
The flight data recorder requirements of§ 129.20 apply to the aircraft described in § 129.1 (b). Section 129.20 specifies that it applies only to U.S.-registered aircraft, and §129.l(b) specifically calls out §129.20. The requirements of §129.20 do not apply to airplanes described in 129.l(a).
We trust that this interpretation responds to your request. If you have any questions, please contact my staff at 202-267-3073. This response was prepared by Karen Petronis, Senior Attorney for Regulations in my office and coordinated.with the Avionics Maintenance Branch of the Flight Standards Service.
Sincerely,
~~:o~Assistant Chief Counsel for Regulations, AGC-200
Regulations Referenced
Snapshot retrieved August 6, 2026.