FAA Reference Library
FAA Office of Chief Counsel interpretations of the regulations - how the FAA reads its own rules, issued in response to specific questions.
About Legal Interpretations
Legal interpretations are letters from the FAA Chief Counsel explaining how a regulation applies to a specific situation. They are non-binding but carry real weight in how the FARs are enforced and understood. Sourced from the FAA Dynamic Regulatory System; each links to the full letter.
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August 1, 2012
FlightPush Summary
The Aeronautical Repair Station Association asked whether design approval holders must make component maintenance manuals referenced in Airworthiness Limitations Sections available to repair stations. The FAA said such manuals are part of the ICA under 14 CFR 21.50(b) and changes must be made available, but only to repair stations with an actual need to comply, not every properly rated repair station.
March 13, 2012
FlightPush Summary
The NTSB forwarded an Israeli Ministry of Transport question on whether 14 CFR 121.359(f) requires crews to be able to preserve part of a cockpit voice recording mid-flight. The FAA said no: the rule allows continuous overwriting as long as the most recent 30 minutes, two hours after April 7, 2012, is retained.
April 23, 2012
FlightPush Summary
Kugel Air Flight Service asked whether an FAA designated examiner may give part 135 competency checks. The FAA said no, unless the examiner also meets the check airman qualifications of 14 CFR 135.337, because examiners' authority covers only part 61 certificate and rating tests, while 14 CFR 135.293 checks assess ability to safely conduct part 135 operations.
October 23, 2012
FlightPush Summary
A commercial pilot offering Stearman biplane rides asked whether the flights are commercial air tours under 14 CFR 91.147. The FAA would not decide without more facts, explaining that the 14 CFR 110.2 factors are optional and a flight can be an air tour even if it meets none of them. Passenger flights for hire outside the 14 CFR 119.1(e) exceptions require a part 119 certificate.
April 16, 2012
FlightPush Summary
FlightSafety International asked whether a 14 CFR 61.58 proficiency check or a certification test satisfies part 142 instructor and evaluator check requirements. The FAA said not necessarily: instructor checks must cover a representative segment of every curriculum taught and evaluator checks every function evaluated, such as Category II, though an evaluator may combine the check with a 14 CFR 61.58 check.
July 18, 2012
FlightPush Summary
Piedmont Propulsion System asked whether a subcontractor that fabricates the replacement parts it designs must drug and alcohol test its employees under FAA rules. The FAA said no: as in its 2006 Pratt & Whitney interpretation, fabricating a part is not maintenance, so the subcontractor is not required to have an FAA testing program.
June 11, 2012
FlightPush Summary
No FAA regulation prohibits approving an aircraft for return to service after an inspection required by 14 CFR part 91, 125, or 135 solely because its registration certificate expired. The lapse makes the airworthiness certificate ineffective, so the aircraft may not be operated, but an inspector may approve it as airworthy if it conforms to its type certificate, complies with applicable airworthiness directives, and is in condition for safe operation.
March 22, 2012
FlightPush Summary
A repair station with an appropriate instrument rating does not also need an airframe rating to install, inspect, and test instruments on an aircraft, including the altimeter tests required by 14 CFR 91.411. The FAA also said a radio rating is not needed for the altimeter and altitude reporting test alone, and a radio-rated station may install listed radio equipment without an airframe rating.
February 28, 2012
FlightPush Summary
A requester asked whether lease finance companies are lessors under 49 U.S.C. 44112 and how the statute's "control" language applies. The FAA said a lease finance company can qualify as a lessor if the lease meets the 30-day threshold, but declined the control questions as matters for the courts to decide between private litigants.
September 23, 2012
FlightPush Summary
Republic Airlines asked whether flight attendants with a missing e-reader manual could share one e-reader or printed manual on board. The FAA said no: under 14 CFR 121.137(b), each crewmember issued a personal manual must have a replacement before the flight. A spare copy designated for that crewmember complies, and a ship's library copy with established procedures may serve as a backup.
February 29, 2012
FlightPush Summary
A requester asked whether an ATP limited to SIC privileges, or an ATP with no type rating, can log PIC time as sole manipulator of the controls in a type-rated aircraft. The FAA said no in both cases, because neither holds the appropriate type rating, unless the pilot is in an approved pilot-in-command training program under 14 CFR 61.51(e)(1)(iv).
December 5, 2012
FlightPush Summary
Western Air Express argued that 14 CFR 135.421 does not apply to cargo aircraft. The FAA disagreed: the rule applies to zero-seat cargo aircraft, the operator must follow the manufacturer's recommended time between overhaul documented in its operations specifications, and 14 CFR 43.10 does not apply to removed engines.
July 5, 2012
FlightPush Summary
A requester asked whether all aeronautical experience for adding a weight-shift-control rating to a private pilot certificate must be in a weight-shift-control aircraft. The FAA said no: the 40 hours of flight time may be in any category and class, and only the training in 14 CFR 61.109(j)(1) through (j)(4) must be in a weight-shift-control aircraft.
March 27, 2012
FlightPush Summary
For Mechanical Interruption Summary reports under 14 CFR 121.705(a), the FAA reads "each interruption to a flight" to mean the period from takeoff to landing, the same as "during flight." The FAA reached this by reading the phrase consistently with the rest of the paragraph, since no regulation defines it.
March 5, 2012
FlightPush Summary
FAA Airspace Services asked whether temporary flight restrictions under 14 CFR 91.143 can cover amateur rocket launches. Counsel said yes for Class 2 and 3 rockets, which can fly high and fast enough to affect air traffic and require ATC notice under 14 CFR part 101, but not for Class 1 model rockets, and recommended clarifying the term "space flight operation."
February 22, 2012
FlightPush Summary
A New Zealand law firm asked whether the FAA applies ICAO's pilot age limit to foreign air carriers. The FAA said pilots in command operating in or over U.S. territorial airspace must meet the Annex 1 standard, except in an emergency, but the FAA does not apply it in U.S.-controlled international airspace like the Oakland Oceanic FIR, and New Zealand's filed difference is notification only.
July 11, 2012
FlightPush Summary
A safety pilot does not have to pay a pro rata share of a simulated instrument flight under 14 CFR 61.113, because both pilots are required crewmembers under 14 CFR 91.109(b) and neither is a passenger. The safety pilot may offer to share costs, but not doing so is not a violation.
February 28, 2012
FlightPush Summary
A requester asked whether independent flight instruction under part 91 counts as other commercial flying for part 121 flight and duty time. The FAA said paid flight instruction counts and unpaid instruction does not, rejecting an argument based on a 2008 interpretation that a pilot in command is not a required crewmember.
March 23, 2012
FlightPush Summary
When a repair station approves an article for return to service, it does so under its own certificate, and the plain text of 14 CFR 145.157(a) requires only that the signer be certificated under part 65. The repair station must still provide qualified personnel under 14 CFR 145.151(b), and the FAA expects to propose a correction of the 2001 omission.
December 13, 2012
FlightPush Summary
A pilot asked whether 40 hours in a single-engine flight training device can count toward the 250 hours of total flight time for an initial commercial pilot certificate with a multiengine rating. The FAA said no: 14 CFR 61.129(i)(1)(i) allows crediting up to 50 hours only in a simulator or training device representing the class of airplane for the rating sought.
December 4, 2012
FlightPush Summary
A requester asked whether a Part 135 pilot trained in November 2002 was current in January 2004. The FAA said it depends: a test covering only company and general subjects does not complete the evaluation, and with full training in November 2002 the pilot may be current through January 2004 only if the base month is December.
May 4, 2012
FlightPush Summary
ABX Air asked whether a supplemental crew whose delays pushed actual flight time past 8 hours must rest before its last scheduled segment. The FAA said yes: 14 CFR 121.503(b) is triggered by actual flight time, so 16 hours of rest are required before another segment. The circumstances-beyond-control exception only lets the pilots complete and land the segment during which they exceed 8 hours.
September 7, 2012
FlightPush Summary
An inquirer asked six questions about part 121 supplemental flight, duty, and rest rules. The FAA said pilots who serve as crewmembers at some point on a flight have "flown" the whole flight, so a three-pilot crew on 11 hours of flights within 24 hours needs 16 hours of rest under 14 CFR 121.503(b). It also addressed non-flying duty, deaugmented crews, and de-icing tows.
July 8, 2012
FlightPush Summary
Part 135 pilots may use the Crane SmartStem wireless system to perform daily tire pressure checks as a preflight task if it is properly installed under an STC or other FAA approval. Reading pressures from a remote display is not preventive maintenance, unlike a manual gauge check, which is preventive maintenance that pilots may not perform on Part 135 aircraft.
November 30, 2012
FlightPush Summary
The Eastern Region Helicopter Council asked how the North Shore Helicopter Route rule in 14 CFR 93.103 works. The FAA said only it can authorize off-route flight, though deviations for safety, weather, or landing transitions are already allowed and need no report. The rule turns on planned route, not altitude; pilots must stay at least one mile offshore and transition by the shortest, most direct path.
August 9, 2012
FlightPush Summary
Under 14 CFR 119.53(e), a carrier substituting for another certificate holder must be authorized for the same kinds of operations, so a supplemental-only carrier cannot substitute under domestic or flag rules. The same rule allows substitution for a 14 CFR part 129 foreign air carrier, and a new kind of operation requires meeting its regulatory requirements, including proving tests.
February 29, 2012
FlightPush Summary
An FAA branch asked whether Jet Lynx LLC's Cessna CE-525s need cockpit voice recorders in part 135 service. The Chief Counsel's office said 14 CFR 135.151 turns on seating configuration and two-pilot certification, not weight, so these two-pilot-certificated airplanes need an approved CVR even when flown with one pilot and an autopilot.
November 13, 2012
FlightPush Summary
Taber Law Group argued that the New York Helicopter Sightseeing Plan's Letter of Agreement conflicts with the Hudson River SFRA rules. The FAA disagreed: the agreement covers operations in the Class B airspace above the SFRA, so the SFRA route rule in 14 CFR 93.352(b) does not apply to those flights, and the tour operations are not inconsistent with AC 91-36D on noise-sensitive areas.
March 15, 2012
FlightPush Summary
An operator using a time sharing agreement may put the additional per-flight charge allowed by 14 CFR 91.501(d)(10) toward a per-flight-hour engine warranty cost. That charge is equal to 100 percent of the flight's fuel, oil, lubricants, and other additives cost, and the total of (d)(10) charges for a flight must not exceed the (d)(1) cost.
October 17, 2012
FlightPush Summary
General Dynamics asked whether a pilot who sees the approach lights at 100 feet may keep descending and land after flight visibility falls below minimums. The FAA said no: all 14 CFR 91.175(c) requirements, including flight visibility, must be met the whole time below DA/DH or MDA, or the pilot must go missed, and 14 CFR 91.175(d)(2) applies to part 91 approaches.
July 18, 2012
FlightPush Summary
Constant Aviation asked what to use when the current manufacturer's manual no longer addresses a needed maintenance item. The FAA said 14 CFR 43.13(a) permits other methods, techniques, and practices acceptable to the Administrator, such as AC 43.13-1B. But an aircraft may be inspected only under its selected inspection program, and if that program cannot be obtained, the inspection may not be performed.
July 24, 2012
FlightPush Summary
A safety pilot is a required crewmember during simulated instrument flight, so he may log second-in-command time when the other pilot is pilot in command, or PIC time if he acts as PIC for that portion. A safety pilot acting as PIC only during that portion need not pay a pro rata share under 14 CFR 61.113(c), since neither pilot is a passenger.
December 4, 2012
FlightPush Summary
The landing limitations of 14 CFR 135.399(b), 14 CFR 135.385, and 14 CFR 135.387 do not apply to a small turbine-powered normal category airplane like the Eclipse 500. That rule covers only airplanes certificated under 14 CFR 135.169(b)(6) and reciprocating or turbopropeller-powered small airplanes. The FAA said it would review the conflicting Order 8900.1 guidance with Flight Standards.
November 8, 2012
FlightPush Summary
Patton Boggs LLP asked whether an aviation maintenance technician school needs a new certificate after an ownership change by asset transfer. Relying on the repair station and pilot school rules, the FAA said no new certificate is required if location, facilities, and personnel do not change, but a new owner that amends the existing certificate could be liable for actions taken under the original owner.
May 4, 2012
FlightPush Summary
A government air ambulance operator flying civil operations under 14 CFR part 91 cannot bill Medicare or insurance for in-flight medical services without a 14 CFR part 119 certificate. Any such payment counts as compensation for transporting patients, because the FAA does not separate medical-service charges from transport charges.
May 10, 2012
FlightPush Summary
Home-base rest under 14 CFR 121.485(b) is twice the flight time flown with three or more pilots and an additional flight crewmember, so legs flown with smaller crews are not counted. The FAA rejected the Air Line Pilots Association's request to withdraw its 2007 interpretation, explaining that counting every leg was only a condition of an exemption.
February 28, 2012
FlightPush Summary
An individual asked how the 2009 wording of 14 CFR 61.57(d) affects when an instrument proficiency check is needed. The FAA said a pilot who does not complete the 14 CFR 61.57(c) instrument experience within 12 calendar months of last being able to act as PIC under IFR must pass an IPC. The FAA amended the rule in 2011 to clarify this intent.
March 2, 2012
FlightPush Summary
An airline employee asked about rest bases, augmented crews, and the international-rules election under the supplemental rules. The FAA said a pilot's home airport can serve as the operations base for 14 CFR 121.523(e) rest, 14 CFR 121.523 applies only to augmented crews, and an operator may elect the international rules under 14 CFR 121.513 flight by flight if it clearly communicates the election.
June 4, 2012
FlightPush Summary
The Ventura County Sheriff's Department asked whether instrument recency earned in helicopters counts for airplanes. The FAA said no: under 14 CFR 61.57(c)(1), a pilot must maintain instrument recency in each category of aircraft in which instrument privileges are exercised, and the 2009 rewording made only editorial changes.
June 4, 2012
FlightPush Summary
Larry Williams and Associates asked whether the "week" in the on-demand operation definition of 14 CFR 110.2 is any seven days or a calendar week. The FAA said it is a calendar week: the frequency of scheduled operations is measured from Sunday through the following Saturday, not over a rolling seven-day period.
October 24, 2012
FlightPush Summary
Williams and Associates asked whether a Part 135 operator leasing an aircraft without crew could also contract the lessor's pilots and keep operational control. The FAA said yes, if the pilot arrangement is truly independent of the aircraft lease; otherwise it could be a wet lease requiring the lessor to obtain part 119 certification. The submitted agreement appeared to place operational control with the operator.
December 19, 2012
FlightPush Summary
A captain asked whether a round trip that grew to more than 8 hours after weather forced a fuel stop violated the 8-hour limit of 14 CFR 121.471(a)(4). The FAA said the flight was legal under 14 CFR 121.471(g), because nothing indicated an unrealistic schedule and the delay arose from weather beyond the carrier's control, provided he knew before each takeoff that his rest would not be infringed.
July 25, 2012
FlightPush Summary
Seaborne Airlines asked whether the cockpit voice recorder rule in 14 CFR 121.359(i) applies to its turboprop DHC-6. The FAA said yes: the phrase "turbine engine-powered" covers any turbine-powered airplane, and the definitions in the windshear rule, 14 CFR 121.358(d), apply only to that section.
June 19, 2012
FlightPush Summary
A rotorcraft flight school asked whether a student with fixed-wing ratings adding a private helicopter rating must meet the full aeronautical experience requirements. The FAA said yes: under 14 CFR 61.63(b)(1), the student must meet all of 14 CFR 61.109(c), obtain the required instructor endorsements, and pass a practical test meeting the practical test standards.
September 23, 2011
FlightPush Summary
An air carrier may place a President over separate maintenance and required inspection branches only if the President meets the Director of Maintenance qualifications in 14 CFR 119.71(e), because 14 CFR 135.423(c) requires the separation below the level of overall maintenance responsibility. The organizational chart in AC 120-16E is advisory, showing a typical acceptable structure; other structures could be acceptable.
August 11, 2011
FlightPush Summary
Inder Lynch asked whether an under-60 copilot in an augmented foreign air carrier crew satisfies ICAO age rules when the pilot in command is between 60 and 65, even if not always at the controls. The FAA, applying ICAO standards through 14 CFR 129.5, said one pilot must be under 60, but that pilot need not be at the controls throughout all phases of flight.
November 14, 2011
FlightPush Summary
The Nebraska Department of Aeronautics asked whether state engineers' flights in state aircraft could be reimbursed from an AIP grant. The FAA said not if the flights are public aircraft operations; as civil part 91 flights, limited reimbursement is possible under 14 CFR 91.501(b)(5) if the travel is incidental to the AIP project, and AIP rules further limit allowable costs.
May 24, 2011
FlightPush Summary
A requester asked what a satellite airport is and whether a pilot departing one in Class C airspace satisfies the radio rule by staying with its tower. The FAA said a satellite airport is any airport in the Class C airspace other than the primary airport, and staying on the tower frequency as instructed complies with 14 CFR 91.130(c)(2)(i); no other ATC contact is needed unless the tower directs it.