Legal Interpretations

FlightPush Summary

Air Canada asked whether foreign air carriers may fly over the United States or use U.S. alternates with a pilot in command over 60. The FAA said yes for pilots under 65, consistent with the ICAO standard it has applied since 2006, and noted it imposes no age limit on foreign air carrier pilots serving as second in command.

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An ATP-certificated pilot flew a canoe club team to a Molokai race and split costs with the passengers. The FAA said the 14 CFR 61.113(c) expense-sharing exception did not apply because the pilot's only purpose was transporting the team, and that carrying passengers for compensation in air commerce required a part 119 certificate even with an ATP certificate.

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The FAA's hazardous materials office asked whether part 133 rotorcraft operators may carry hazardous materials such as explosives and fuel as external loads. The Chief Counsel's office said such transport creates a hazard to persons or property on the surface barred by 14 CFR 133.33(d) and (e), unless the operator has a mitigation plan coordinated with the regional hazmat branch and approved by its Principal Operations Inspector.

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Farmingdale State College asked whether a designated pilot examiner employed by its Part 141 school may give practical tests to the school's students after a course receives final approval. The FAA said yes: 14 CFR 141.55 limits testing to FAA inspectors or non-employee examiners only before final approval, and afterward the safeguard is that the school itself has no examining authority for the course.

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Bombardier Learjet asked whether pilots may check tire pressure on the Learjet Model 60. The FAA said the task is preventive maintenance, not a preflight inspection item, because of the high pressures and calibrated gauge involved, so a pilot may do it under 14 CFR 43.3(g) when operating under part 91 but not under part 135, absent an exemption.

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An individual asked whether a license issued by any European Economic Area state, under mutual acceptance agreements, satisfies 14 CFR 61.3(a)(1) when flying a U.S.-registered aircraft in another country. The FAA said no: the rule allows only a license issued by the specific country where the aircraft is operated.

FlightPush Summary

A part 135 helicopter pilot must pass a competency check in each basic make and model of helicopter flown, because 14 CFR 135.293(b) defines helicopter type that way. Under 14 CFR 135.327 and the 14 CFR 1.1 definition of type, the operator's training program must cover each specific make and basic model in its fleet.

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A pilot who loses two-way radio communications after being assigned a cruising altitude flies the highest of the 14 CFR 91.185(c)(2) altitudes for each route segment, even if an arrival shows mandatory crossing restrictions. Leaving the clearance limit and descending for the approach follow 14 CFR 91.185(c)(3), as close as possible to the expect-further-clearance time, if received, or the estimated time of arrival.

FlightPush Summary

No regulation requires aircraft owners or operators to trace a part back to its origin. A part's airworthiness must still be established before it is used on a type-certificated aircraft, through traceability, PMA markings, manufacturer documentation, or return-to-service records. If none exist, inspection and testing must show the part conforms to its type design and is in a condition for safe operation.

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An attorney asked whether a lessee of a dry-leased aircraft could hire the owner's employed flight crew. The FAA said leasing without crew is a dry lease, but using the owner's crew appears on its face to be a wet lease, which may require the lessor to hold an operating certificate; whether the crew is truly independent is decided case by case.

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Hogan and Hartson asked whether the FAA could issue one operating certificate naming both Delta and Northwest during their merger. The FAA saw no impediment, subject to conditions: a committed merger with one entity controlling the other, ability to meet 14 CFR part 119, a single management team under 14 CFR 119.65, and matching DOT economic authority. The certificate should be amended once Delta becomes the sole entity.

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Obadal, Filler, MacLeod & Klein argued that Columbia Helicopters Peru's external-load helicopter work was not common carriage, so 14 CFR 129.14 maintenance rules did not apply. The FAA disagreed: external-load operations can be common carriage when the operator holds out to move property for hire, and 14 CFR part 129 has no exception, so such an operator must comply with 14 CFR 129.14, 14 CFR 129.20, and 14 CFR 129.24.

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An FAA regional branch asked how an inoperative passenger oxygen system limits pressurized Part 135 aircraft operating under an MEL. The FAA said an MEL cannot supersede 14 CFR 135.157, so passenger flights of any duration above 15,000 feet MSL are prohibited, and passengers may not be carried for more than 30 minutes above 10,000 through 15,000 feet MSL with inoperative cabin pressurization.

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A DEA request asked whether state helicopter flights for marijuana eradication, paid for by the DEA, are public aircraft operations. The FAA said no, reaffirming its 1998 interpretation: federal reimbursement makes the flights for commercial purposes, so they are civil aircraft operations subject to 14 CFR unless the federal agency makes the required emergency certification.

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Dassault Aircraft Services asked whether a person completing a required inspection must check airworthiness directive status. The FAA said yes: even when following a manufacturer's inspection program, the inspector must determine whether the aircraft meets all applicable airworthiness requirements and cannot certify it airworthy under 14 CFR 43.11(a)(4) without assuring all applicable ADs have been complied with.

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A requester asked how two pilots should log a 2.2-hour cross-country flight in which one flew under simulated instrument conditions and the other was pilot in command and safety pilot. The FAA said the flying pilot logs all 2.2 hours as PIC and cross-country time; the safety pilot logs only the 2.0 simulated instrument hours as PIC and no cross-country time.

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The Army Aviation Heritage Foundation, through its lawyers, argued that airworthiness directives could not apply to its former Army UH-1 and AH-1 helicopters because no civilian type design covers them. The FAA rejected that reading of "type design" in 14 CFR 39.5 as overly restrictive and added that the foundation must comply with every AD its FAA-approved maintenance program references.

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A requester asked how pilots log cross-country time in various crew arrangements. The FAA said a safety pilot cannot, not being a required crewmember for the whole flight; both pilots in a two-pilot part 135 or 121 operation can; and pilots trading the controls of a single-pilot aircraft cannot count it toward part 61 requirements. A repositioning leg may be logged separately.

FlightPush Summary

An instrument rating applicant who is the sole manipulator of the controls may count cross-country time flown with an instructor in actual instrument conditions toward the 50 hours of cross-country PIC time. Logging PIC time for aeronautical experience differs from acting as PIC, which concerns final authority for the flight.

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A commercial pilot may not accept payment to scatter cremated remains from an experimental aircraft. Although such aerial work does not require a 14 CFR part 135 certificate, the FAA treats carrying the remains as analogous to carrying property, and 14 CFR 91.319(a) bars carrying persons or property for compensation or hire in an experimental aircraft.

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The FAA's Office of Accident Investigation asked whether a contracted firefighting helicopter that crashed in California in 2008 was a public aircraft operation. Based on the information available, the Chief Counsel said yes: firefighting for the U.S. Forest Service is a governmental function, there was no commercial purpose, and only pilots and firefighters were aboard.

FlightPush Summary

The FAA clarified that under 14 CFR 121.613, the authorized minimum for dispatching or releasing an aircraft under IFR or over the top may be visibility alone, because most U.S. instrument approach procedures have no minimum ceiling. Ceiling still counts in certain cases, such as when no instrument approach is available or the approach procedure or operations specifications set a ceiling minimum.

FlightPush Summary

Organizations moving from the DAS or DOA programs into the Organization Designation Authorization program keep the data they developed, because 14 CFR 183.61 controls over the 14 CFR part 21 surrender rules. The FAA also saw no reason to make terminated designees with separate data retention agreements surrender their data, since the aim is keeping data available for substantiation.

FlightPush Summary

Logging PIC time and acting as PIC are different. A pilot rated in the aircraft's category and class may log PIC time under 14 CFR 61.51(e) while sole manipulator of the controls of a complex or high-performance airplane, even without the 14 CFR 61.31(e) and (f) endorsements needed to act as PIC.

FlightPush Summary

A requester asked whether two pilots who trade off the controls on one flight may each log cross-country time toward the aeronautical experience requirements of 14 CFR 61.65(d). The FAA said no: only the pilot who conducts the entire flight, including takeoff, landing, and en route flight, as a required crewmember may log that time.

FlightPush Summary

On reconsideration, the FAA amended its October 22, 2008 interpretation on missing or illegible TSO markings on AirTran Airways seat belts. Under Notice N 8900.74, AirTran should be able to defer replacing a belt or missing tag until at least the next scheduled check while its controls keep the belts airworthy. The opinion applies only to AirTran's facts, though its reasoning may apply to other carriers.

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The Air Line Pilots Association asked how carriers should document pilots' other commercial flying under InFO 08015. The FAA said entering that time, as recorded in the pilot's logbook, into the air carrier's records is one appropriate method, since it counts toward the flight time limitations of 14 CFR part 121 and 14 CFR part 135.

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A requester asked whether parachutists may drift over airports without the approvals required by 14 CFR 105.23. The FAA said the drift-over exception in 14 CFR 105.23(c) applies only to airports without an operating control tower, if the parachute is fully deployed and the parachutist stays at least 2,000 feet above the traffic pattern without creating hazards; 14 CFR 105.25 air traffic rules still apply where relevant.

FlightPush Summary

An individual asked whether a 160-nautical-mile solo flight with an 80-nautical-mile leg, but no landing more than 50 nautical miles from the starting airport, meets the private pilot solo cross-country requirement. The FAA said no, because the flight must also meet the cross-country definition in 14 CFR 61.1(b)(3), which requires a landing more than 50 nautical miles straight-line from the original point of departure.

FlightPush Summary

A requester asked whether dual instruction from a flight instructor with a sport pilot rating counts toward a private pilot certificate with an airplane rating. The FAA said no, because that instructor is not an authorized instructor for that certificate under 14 CFR 61.109, though solo time and training from a subpart H instructor may be credited.

FlightPush Summary

The Kientzy Law Firm asked whether an ATP applicant can use an expired knowledge test. The FAA said yes under 14 CFR 61.39(b), if at the time of the practical test the applicant is employed as a flight crewmember by a part 121, 125, or 135 certificate holder and has completed its approved PIC qualification training; otherwise the test must have been passed within the previous 24 months.

FlightPush Summary

An individual asked whether the dual controls required for flight instruction under 14 CFR 91.109(a) include engine power controls. Yes: power controls must be easily reached and operable from both pilot stations, though the aircraft need not have two separate sets of power controls. Brakes, under a 2000 interpretation, are not required dual controls.

FlightPush Summary

A commercial balloon pilot asked whether 14 CFR 61.429(c) permits issuance of a flight instructor certificate with a sport pilot rating upon meeting 14 CFR 61.419. The FAA said yes: such a pilot need not already hold a sport pilot instructor certificate, so the earlier denial of the application was in error and the application would be processed accordingly.

FlightPush Summary

Paid nonmilitary flying as a required crewmember for a Canadian company is "other commercial flying" and counts toward the 100-hour calendar month limit in 14 CFR 121.471. A part 121 pilot may not accept domestic assignments that would push total flight time past 100 hours, and carriers may set stricter limits of their own.

FlightPush Summary

A certificated part 145 repair station, as a "person" under 14 CFR 1.1, may prepare the airworthiness release or aircraft log entry for work it is rated to perform and actually performs for a part 121 or 135 certificate holder. It must follow that certificate holder's manual procedures, which reflects the operator's duty under 14 CFR 121.367 and 14 CFR 135.425 to ensure each aircraft released to service is airworthy.

FlightPush Summary

The FAA agreed with the Aeronautical Repair Station Association that AD 2003-12-07 is met when engine disks are stripped and inspected per the incorporated service bulletin. It said withdrawing an unapproved parts notice is a matter for the Flight Standards Service, and that manufacturer-approved methods are one way to satisfy 14 CFR 43.13(a), with other methods acceptable to the Administrator also allowed.

FlightPush Summary

Phoenix Heliparts, Inc. asked whether the FAA requires back-to-birth records for life-limited parts. The FAA said no: records must show the part's current life status with a sufficient degree of certainty, and tracing a part to its origin is needed only when records are too incomplete to determine time elapsed. The FAA offered no opinion on the company's own inspection system, leaving that to its local FSDO.

FlightPush Summary

A pilot asked about a donated charity auction flight and employer reimbursement for business flights. The FAA said the charity flight requires 500 hours under 14 CFR 91.146 even if the pilot is unpaid, the employer may reimburse only solo business flights, and costs may otherwise be shared only with passengers having a common purpose.

FlightPush Summary

King Schools asked whether paid flight instruction and outside part 91 flying count as other commercial flying under the 14 CFR part 135 flight time rules. The FAA said yes: any paid nonmilitary flying as a required crewmember, other than air transportation, counts, including compensated instruction under 14 CFR part 61, 14 CFR part 91, or 14 CFR part 141, regardless of who assigned it.

FlightPush Summary

An individual asked how Part 135 rest and duty rules apply to pilots on call at home during 12-hour shifts. The FAA said time spent obligated to answer a page and report is duty, not rest, even if no call comes. Because the shifts are regularly assigned duty periods, 14 CFR 135.267(c) applies, limiting the duty day to 14 hours from the start of the shift.

FlightPush Summary

Winstead PC asked whether a corporation may time-share its airplane with a non-corporation and still recover expenses under 14 CFR 91.501(d). The FAA said yes, because "person" in 14 CFR 1.1 includes individuals, partnerships, and other entities. It cautioned that such arrangements raise operational control issues, and the FAA may find either or both parties responsible if they are not truly separate and unrelated.

FlightPush Summary

Receiving a ground instructor certificate does not count as the proficiency endorsement under 14 CFR 61.217(b). Every ground instructor, new or experienced, must meet 14 CFR 61.217(a) (at least 3 months as a ground instructor in the preceding 12 months) or 14 CFR 61.217(b) (an endorsement from an authorized ground or flight instructor) to provide instruction.

FlightPush Summary

Moulis & Associates asked whether a Part 121 carrier may train active-duty military pilots toward ATP certificates under a Defense Department contract. The FAA said training others to meet 14 CFR part 61 or 14 CFR part 121 requirements requires 14 CFR part 142 or an exemption. Training solely for DOD needs is allowed but cannot lead to a certificate or rating unless conducted under 14 CFR part 61.

FlightPush Summary

A pilot asked three questions. The FAA said a pilot cannot choose right turns on a circling approach to a Class G airport without an operating control tower but may ask ATC to authorize them, that a practical test applicant may log PIC time for the test, and that an instrument approach must continue to the minimum descent altitude or decision height to count.

FlightPush Summary

A requester asked whether pilots must carry fuel beyond required reserve and alternate amounts. The FAA said that although 14 CFR 91.103(a) does not expressly require it, the pilot in command must add fuel when preflight information shows it is necessary, under part 91 or part 135, and that such extra fuel may be called "contingency fuel" as FAA guidance describes it.

FlightPush Summary

A requester asked about the 45-minute IFR fuel reserve in 14 CFR 91.167(a). The FAA said no regulation requires an emergency declaration when reserve fuel is used, no regulation sets when to report minimum fuel, and the reserve may be based on normal cruise fuel consumption, considering weather, using accurate data.

FlightPush Summary

A requester asked whether a part 135 pilot may estimate flight and duty time on required records. The FAA said an estimate would not satisfy 14 CFR 135.63, which requires flight time in enough detail to show compliance with flight time limitations, and could not support accepting assignments under 14 CFR part 135, subpart F. Whether it violates 14 CFR 61.59 depends on facts the FAA lacked.

FlightPush Summary

A requester asked whether a qualified SIC may fly and log time in a Cessna 525 CitationJet equipped for single-pilot operation. The FAA said a second pilot may be assigned but may not log SIC time when only one pilot is required. Under part 135, if the operator elects before an IFR flight not to use the autopilot, two pilots are required and the SIC may log SIC time.