Legal Interpretations
Origel 2014
Summary
The Question
Does 14 CFR 135.399 apply to a turbopropeller small nontransport category airplane with fewer than 10 passenger seats?
Background
A requester noted that 14 CFR 135.363(e) requires certificate holders operating small nontransport category airplanes to comply with 14 CFR 135.399, and assumed that 14 CFR 135.399(a) and (b) do not apply to such a turboprop airplane with fewer than 10 passenger seats.
The FAA’s Interpretation
No. The FAA agreed with the requester: 14 CFR 135.399(a) and (b) limit the rule to aircraft certificated under 14 CFR 135.169(b), and none of the provisions of 14 CFR 135.169(b) applies unless an airplane has 10 or more passenger seats. Therefore neither 14 CFR 135.169(b) nor 14 CFR 135.399 applies to a small nontransport category airplane with fewer than 10 passenger seats.
- Requester
- Origel
- Issued
- March 30, 2014
- Subject
- Air Carrier & Commercial Operations
Regulations Cited
Page 1
U.S. Department
of Transpartatlon
Federal A viation
Administration
APR } ~ ~~ ..
APR 30 2014
Michael Origel
Dear Mr. Origel,
This letter responds to your November 11, 2013 request for a legal interpretation regarding the applicability of 14 C.F.R. § 135.399 to a turbopropeller small nontransport category airplane with fewer than 10 passenger seats. Specifically, your letter stated, "[f]or a turbopropeller small nontransport category airplane with less than I 0 passenger seats I am assuming 135.399(a) and (b) is not applicable." We agree with your interpretation of the regulation for the reasons described below.
Subpart I of Part 135 prescribes performance operating limitations applicable to certain categories of airplanes. As you stated in your letter, § 135.363(e) requires that "each certificate holder operating a small nontransport category airplane shall comply with § 135.399."
Section 135.399 in tum prescribes numerous operating limitations applicable to small nontransport category airplanes. As a threshold matter, however, the terms of§§ 135.399(a) or (b) clearly limit the regulation's application to aircraft certificated under the provisions of § 135.169(b). As you stated in your letter, none of the provisions of§ 135.169(b) applies unless an airplane is configured with I 0 or more passenger seats. Therefore, neither § 135.169(b) nor§ 135.399 applies to a small nontransport category airplane with fewer than 10 passenger seats.
This response was prepared by Benjamin Jacobs, an attorney in the International Law, Legislation, and Regulations Divi sion of the Office of the Chief Counsel, and was coordinated with the Air Carrier Operations Branch (AFS-250) of the Flight Standards Service. If you need further assistance, please contact our office at (202) 267-3073. ar W. ury
Assistant Chief Counsel for mational Law,
Legislation, and Regulations, AGC-200
Regulations Referenced
Snapshot retrieved August 6, 2026.