Legal Interpretations

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JJASPP Engineering Services asked whether the FAA's applicant showing process for supplemental type certificates is lawful and whether showing data escapes audit. The FAA said the process complies with 49 U.S.C. 44704 and 14 CFR 21.20, an approved PMA holder's data may be inspected at any time, and whether its own showing is acceptable is for an Aircraft Certification Office to decide.

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The FAA's Production Certification Branch asked whether used propellers may be installed on new production aircraft. The FAA found no rule prohibiting it and concluded a production approval holder may do so if each propeller was made under an FAA production approval, conforms to an approved design, is safe and properly marked, and has its time- or life-limited parts tracked.

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On behalf of Eclipse 500 owners, a requester asked whether adopting the manufacturer's inspection program under 14 CFR 91.409(f)(3) makes its service bulletins and maintenance intervals mandatory. The FAA said no: only the inspection portions in effect when the program was adopted, and bulletins mandated by an FAA rule such as an AD, are required. The reasoning may not apply to part 121 or 135 programs.

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An individual asked whether a special light-sport aircraft's airworthiness certificate becomes invalid if a mechanic or repairman who skipped the manufacturer's specified training repairs it. The FAA said no: manufacturers cannot impose training requirements beyond the regulations, and a light-sport repairman's only required training is the course under 14 CFR 65.107(a)(3)(ii). The FAA still strongly encourages initial and recurrent training.

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For VMC determination under 14 CFR 23.149(b), ground effect is negligible at any altitude higher than the wingspan, and surfaces with a manufacturer-specified takeoff trim setting must be set to it. Cowl flaps must be in takeoff position only if part of the specified takeoff configuration, and examiners may ask about any factor affecting directional control.

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Valair Aviation asked whether a Westwind 1124A TCDS note pointing to a maintenance manual chapter for life-limited parts makes those retirement times mandatory. The FAA said no: the manual has no FAA-approved Airworthiness Limitations section, the ICA requirements do not apply to this older design, and absent an AD or other FAA rule the times are not mandatory.

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American Aircraft Sales sought to register the salvage of a Beechcraft Bonanza destroyed in Hurricane Sandy, whose registration had ended and which no longer had an identification plate. The FAA said it will not register the salvage as a Beechcraft F33A without an identification plate from Beechcraft, which the FAA cannot compel Beechcraft to provide. Without one, the company could apply for an experimental certificate under 14 CFR 21.191.

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Greenberg Traurig asked whether foreign aircraft flying in U.S. airspace with seats improperly labeled TSO-C127a compliant violate U.S. rules. The FAA said no: the State of Registry determines continuing airworthiness of foreign-registered aircraft, and AD 2011-12-01 does not directly apply to them. Any noncompliance would be with the foreign authority's own rules, so concerns may be raised with that Civil Aviation Authority.

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Aerospace Turbine Rotables asked when and by whom the FAA would enforce the 14 CFR 21.50(b) duty of design approval holders to provide instructions for continued airworthiness. The FAA reaffirmed the duty but declined to set a timeframe or name an enforcing entity, calling these case-specific policy matters; generally Aircraft Certification or Flight Standards would investigate and refer violations to an FAA legal office.

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FedEx Express asked how far its OpSpec D084 continuous ferry-flight authorization reaches. The FAA said D084 covers flights to storage and, if the AD allows movement, flights to make AD-required repairs, but flights to a place where an aircraft will be scrapped, donated, or sold need a separate special flight permit under 14 CFR 21.197(a).

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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.

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An individual asked whether AC 43.13-2B can be used as approved data to install an emergency locator transmitter as a major alteration. The FAA said it can when the AC's criteria are met, but installing a TSO ELT in a small airplane using the AC's methods is not a major alteration, so no Form 337 is needed. Manufacturer instructions count as approved data only if developed from FAA-approved technical data.

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Supporting an NTSB investigation, the FAA's Accident Investigation Division asked whether a Navy-contracted Omega Air Refueling tanker flight that crashed on takeoff was a public aircraft operation. The FAA concluded it was: the flight was under Navy contract, intended as a public aircraft operation, carried only required crewmembers, and served a governmental purpose. The opinion took no position on Omega's other flights.

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Nick Sabatini & Associates asked how 14 CFR 21.3 failure reporting applies to primary flight display manufacturers. The FAA said reports under 14 CFR 21.3(c)(13) cover failure of more than one instrument of the same type, a manufacturer reports pitot/static failures only for systems it included in its design and manufactured, and the requirement covers only occurrences during flight.

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SFAR No. 13 does not forever limit Douglas DC-3 changes to 1954 certification standards. Under 14 CFR 21.101(a), the date of application for a type certificate change determines the applicable airworthiness requirements, and paragraph (b) specifies when an applicant may choose an earlier standard.

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A TSO authorization cannot be transferred to a company that buys its holder, whether by asset purchase or stock purchase, because it is an FAA authorization to a specific person, not an asset. The buyer can seek re-issuance under FAA Order 8150.1B by showing it meets all requirements, and 14 CFR 21.614 continues the ban on transfer.

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An individual bidding to supply pilots and aircraft for a radio traffic reporting team asked whether Part 91 applies and whether 100-hour inspections are needed. The FAA said traffic reporting appears to be aerial work that may be flown under Part 91 if flights return to their departure point, but landing elsewhere would require Part 135. The aircraft also need 100-hour inspections under 14 CFR 91.409(b).

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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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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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AirTran Airways asked whether its certificate management office could require it to keep seat belt TSO tags legible under 14 CFR 21.607(d). The FAA said yes: seat belts in air carrier service may be required to be maintained to original design standards, including all TSO requirements. It suggested AirTran negotiate with its supplier for more durable tags.

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Automotive Air Charter argued that Part 25 liferaft standards do not apply to airplanes operated under 14 CFR 91.509(b) or 14 CFR 135.167 because those rules do not reference them. The FAA disagreed: when an airplane is certificated for ditching and its operating rule requires ditching equipment, the liferafts must meet 14 CFR 25.1415.

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Central Flying Service asked whether a repair station could hold a limited rating to perform flammability testing. The FAA said no, because the testing determines compliance with design standards rather than being part 43 maintenance. Test data is approved by FAA designees, mainly DERs, and organizations may perform the testing under an STC or MRA ODA.

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The Association of Flight Attendants asked whether a flight must be discontinued whenever an aircraft no longer meets its original design standards. The FAA said not always: a properly inspected and maintained in-service aircraft should substantially conform to its type certificate despite wear and minor defects, and maintenance under 14 CFR 43.13 need not restore an aircraft to new condition.

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Pratt & Whitney asked whether subcontractors who fabricate repair parts must be drug and alcohol tested. The FAA said fabrication is production, not maintenance, so it is not covered; the repair that uses the part is maintenance and is covered. Non-certificated parts brokers are not covered, and the rules do not apply to maintenance performed outside the U.S.

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Once an airman's special issuance medical certificate expires and no new one is being sought, the FAA has no basis to withdraw the still-unexpired Authorization for failing to provide medical information, because that information is no longer reasonably needed under 14 CFR 67.401(f)(4). The question matters for BasicMed eligibility, though BasicMed pilots may still be asked for information under 14 CFR part 68.

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An attorney asked when an airman must answer Yes to question 18(n) on the medical application. An alcohol test result of 0.04 or greater on a DOT-required test in the last two years counts as substance abuse, so the airman must answer Yes to both 18(n) and 18(o) and explain the circumstances.

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The Federal Air Surgeon asked whether someone whose medical application was denied by an aviation medical examiner and then treated as withdrawn can fly as a sport pilot on a driver's license. The FAA said no: the withdrawn application counts as the most recent application under 14 CFR 61.23(b) until the person is found eligible for at least a third-class medical certificate.

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Patricia J. Arthur, L.L.C. asked whether a flight instructor needs a medical certificate to give flight instruction for compensation. The FAA said no medical certificate is required if the instructor is not acting as pilot in command, but an instructor who is also acting as pilot in command must hold at least a third class medical certificate.

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The Aircraft Owners and Pilots Association asked whether a CFI with a third-class medical may be paid and act as pilot in command while instructing. The FAA said that a careful reading of Part 61 Certification Bulletin 81-2 suggests yes, though the bulletin does not specifically address the question.

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A medical certificate applicant objected to the FAA's National Driver Register authorization form. The FAA explained that Congress authorized it to obtain NDR data and that 14 CFR 67.3 requires consent; refusing delays and ultimately leads to denial of the application. Applicants cannot substitute their own driving records, and the FAA verifies NDR data with the state before taking any action.

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The manager of a non-towered airport with a 14 CFR part 141 school asked whether the traffic direction indicator rule in 14 CFR 141.38(d) applies only to non-standard traffic patterns. The FAA said no: an airport without an operating control tower and without available UNICOM advisories must have the indicator, whatever its pattern.

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A pilot school seeking examining authority must meet the 10-student and 90 percent first-time pass requirements of 14 CFR 141.63(a)(5) separately in each course, though one student trained in several courses counts toward each. The inspector correctly denied Arizona Aero-Tech because no course had at least 10 students trained and recommended.

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Palm Beach Helicopters asked whether an end-of-course test at a part 141 school with examining authority is a practical test. The FAA said yes, so under 14 CFR 61.39(a)(4) the applicant must hold at least a third-class medical certificate before taking it.

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Under 14 CFR 141.77(c), SDSU may credit a transfer student with up to 50 percent of the flight hours needed for its curriculum, if the student completed at least that many hours at the previous part 141 school and completes proficiency and knowledge tests conducted by SDSU. The FAA noted SDSU's reduced-experience ATP authorization adds conditions before such credit counts toward 14 CFR 61.160.

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Universal Helicopters asked the FAA to reconsider whether private pilot training counts toward the 115 flight training hours a 14 CFR part 141 appendix D commercial helicopter course requires. The FAA affirmed that it does not, because students must already hold a private pilot certificate to enroll. A school may seek approval of a course below the minimums under 14 CFR 141.55, or petition under 14 CFR part 11.

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For foreign air carriers, the FAA reviews and approves maintenance programs only for U.S.-registered aircraft operated in common carriage; it has no jurisdiction to impose operations and maintenance requirements, such as EPA drinking water plans, on foreign-registered aircraft they operate. The FAA also has no jurisdiction or expertise to determine compliance with the EPA rule.

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Aero-Tech, Inc. asked about the timing of 14 CFR 141.79 instructor training and whether an end-of-course progress check could count as the proficiency check. The FAA said the briefing and check may be completed before employment and certification, since qualifications apply when instruction begins. A progress check counts only if it fully covers the proficiency check and is given by an authorized employee.

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Embry-Riddle Aeronautical University asked how its tests count toward the 80 percent first-attempt pass rate in 14 CFR 141.5(d). The FAA said the FAA knowledge test and the comprehensive end-of-course test both count, interim tests and stage checks do not, and the rate combines first attempts on all qualifying tests across the school's courses, with and without examining authority.

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Embry-Riddle asked whether training center instructors teaching in single-pilot airplanes occupy a "required crewmember seat" that triggers the second class medical requirement in 14 CFR 142.49(c)(3)(iv). The FAA said the term means the same as "required crewmember" under 14 CFR part 61 and is not limited to multi-pilot aircraft, and referred the mismatch with the part 61 third class standard to Flight Standards.

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The FAA may not deny a qualifying 14 CFR part 141 pilot school examining authority because enough designated pilot examiners already serve the area; the need provision of 14 CFR 183.11 does not apply to school employees who give flight tests. A pilot school also does not need an approved Airmen Certification Representative to hold examining authority.

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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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Hillsborough County Mosquito Management Services, a county public aircraft operator, asked whether FEMA reimbursement for post-storm disaster response flights fits the public aircraft statute's commercial purpose exception. The FAA determined that such reimbursement to another government entity could fall under that exception, provided the statutory criteria are met.

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Frigid Air LLC asked whether reporting drug and alcohol information to the Pilot Records Database (PRD) under 14 CFR 111.220 satisfies 49 CFR 40.25. The FAA said no: PRD reporting covers only violation and return-to-duty information, not the actual records, and PRD information will not satisfy 49 CFR part 40. The reporting still serves to give a complete picture of a pilot's drug and alcohol history.

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Commercial space operators must give FAA inspectors access to any communications network channel they use during a licensed launch or reentry activity, not just those listed in their communications plan. The plan may guide inspectors but is not an exhaustive list, and refusing access to a requested channel may lead to enforcement.

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The FAA clarified its 2016 Fiust interpretation, which said AV-8B Harrier (powered-lift) PIC time cannot count toward an airplane ATP. That interpretation remains accurate, but a 2022 rule, 14 CFR 61.159(a)(5)(ii), now lets military pilots credit 250 hours of powered-lift time flown in horizontal flight. Without a specific exception, powered-lift time still does not count.

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A custom launch vehicle component maker is a contractor or subcontractor under 14 CFR 440.3 and likely involved in launch services, but whether it must sign a 14 CFR part 440 reciprocal waiver turns largely on whether it could bring a claim against other participants. The FAA leaves that call to the licensee and manufacturer, and a licensee that fails to flow down the waiver properly risks bearing indemnification.

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Vast Space asked whether its Haven-1 space station would be a reentry vehicle needing an FAA reentry license. The FAA said no: a reentry vehicle must be designed to return substantially intact, and Haven-1, lacking a heat shield, parachutes, or locator beacon, is not designed to do so. The likely survival of some damaged parts does not make it a reentry vehicle or make its return purposeful.

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The American Mosquito Control Association asked whether releasing live mosquitoes from aircraft to reduce mosquito populations is an agricultural aircraft operation. The FAA said no: 14 CFR 137.3 excludes dispensing live insects, and live insects are not an economic poison or other substance under the definition. Such releases may instead be permitted through relief such as a waiver from part 91 provisions.