Legal Interpretations

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The Flight Dispatchers, Meteorologists & Operations Specialists Union asked whether a hurricane plan scheduling dispatchers for 12-hour shifts fit the exception in 14 CFR 121.465. The FAA said no: a hurricane may justify extending duty on the day of the event, but scheduling dispatchers in advance to exceed the 10-hour limit is not what the exception contemplates.

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ExpressJet asked whether its non-scheduled part 121 charters could use airports not certificated under part 139. The FAA said no: because its 50-seat airplanes are designed for at least 31 passenger seats, the flights are supplemental type operations that 14 CFR 121.590 limits to part 139 airports, apart from narrow exceptions for U.S. government-operated airports.

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ExpressJet Airlines asked whether hazardous materials training records must be kept for crewmembers. The FAA said yes: although 14 CFR 121.1007(a) does not name crewmembers, they fall within its employees, contractors, or "any other person," so records are required whenever a crewmember performs or directly supervises a covered hazardous materials job function.

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An individual asked whether a non-TSO flight display satisfies 14 CFR 91.205 for IFR in an experimental aircraft. The FAA said 14 CFR 91.205 applies only to standard category aircraft, but amateur-built operating limitations require day VFR after phase I flight testing unless the aircraft is equipped for night or instrument flight in accordance with 14 CFR 91.205. Specific displays were referred to the Flight Standards District Office.

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An individual asked whether a non-TSO electronic flight display approved for IFR in experimental or light-sport aircraft could be installed in a primary category aircraft. The FAA said the installation is a major type design change requiring a supplemental type certificate (14 CFR 21.113, 14 CFR 21.101); approval in experimental aircraft does not carry over, and TSO conformance does not remove the need for FAA approval.

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Mesaba Airlines asked whether crash axes and flashlights must be marked with the date of last inspection, since FAA inspector tools mention only ropes and megaphones. The FAA said yes: if any of these required items is stowed in a compartment or container, the compartment, container, or item must be marked under 14 CFR 121.309(b)(4), and the guidance's silence creates no exception.

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Seaport Airlines asked whether manufacturer ICA inspections are required for its small Part 135 airplanes kept on the manufacturer's recommended program. The FAA said the airplanes must be inspected under the manufacturer's ICA or another program acceptable to the Administrator, relying on 14 CFR 135.421, 14 CFR 43.13(a), and 14 CFR 43.16.

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The two 1-hour flights within 60 days before application required for a private pilot balloon rating with an airborne heater must be flown with an authorized instructor as training flights. Although 14 CFR 61.109(h)(2)(i) is unclearly worded, the FAA read it with 14 CFR 61.39(a)(6)(i), and the flights count toward the required training anyway.

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BSTC Corporation asked whether it could charge contract specialists for flights to a Russian mine under 14 CFR 91.501(b)(5). The FAA said the carriage appears incidental to BSTC's business, so the rule applies, and charges may cover costs of owning, operating, and maintaining the airplane, including depreciation by one reasonable method, but never a profit.

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The FAA said a charitable tax deduction for the costs of volunteer flights transporting rescue animals is not, standing alone, treated as compensation or hire for enforcement purposes. If the deduction is combined with any reimbursement of expenses or other compensation of any kind, that policy does not apply.

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Two private pilots shared a single-pilot IFR flight; one was instrument rated and acted as PIC, the other was not instrument rated but flew part of it. The FAA said the non-instrument-rated pilot may log PIC time as sole manipulator under 14 CFR 61.51(e), but the acting PIC may not log that same time because only one pilot was required.

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Southwest Airlines asked whether it could leave the maintenance parts of its manual off the aircraft during Part 121 supplemental operations because it never performs scheduled maintenance on those flights. The FAA said those facts alone do not create an exception: under 14 CFR 121.139(b), the manual may be left off only on supplemental flights en route to a station where its maintenance parts are kept.

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A requester asked whether a pilot may treat a short first leg as its own flight and the next two legs as a second flight so the second counts as cross-country time. The FAA said yes: nothing dictates how separate flights are logged, so the pilot may decide what is a flight or a segment, and the B-C-A flight qualifies because C is more than 50 nm from B.

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Sino Swearingen's chief instructor asked how long the standard 3.3% climb gradient applies on a SID or departure procedure that shows no gradient. The FAA said crews must hold 200 feet per nautical mile, or any higher gradient the procedure specifies, until reaching the MEA.

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The FAA said time-sharing agreements between a corporation and an individual appear consistent with the regulations, which define a "person" to include both. The deciding factor is operational control: on flights under the individual's side of the agreement, the individual assumes operational control, and 14 CFR 91.501(b)(6) permits the arrangement if the individual is willing to take on that responsibility.

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The Aircraft Owners and Pilots Association asked the FAA to rescind a 2006 Eastern Region letter interpreting "known icing conditions." The FAA's Chief Counsel withdrew that letter in its entirety as issued without adequate coordination and in error, and said a replacement interpretation, published in draft in 2007, was being finalized after public comment.

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A designated pilot examiner for light-sport aircraft asked whether he could use his designee card to identify himself as an FAA representative when confronting violators. The FAA said no: designees are not FAA employees, have no enforcement authority, and may identify themselves as designees only for the limited purposes in their individual letter of authorization.

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The owner of NDT Traveler Services, an A&P mechanic, asked whether he needs a repair station certificate to perform and sign off nondestructive testing. The FAA said no: NDT inspection is maintenance, which an appropriately rated, trained, and qualified mechanic may perform under 14 CFR 65.81. Flight Standards noted some manufacturers require added qualifications such as Level II certification, which it found no current record of.

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The General Aviation Manufacturers Association asked whether volunteer private pilots flying ill or injured passengers to medical treatment could share expenses under 14 CFR 61.113(c). The FAA said no, because pilot and passengers share no common purpose and reimbursement is compensation requiring a 14 CFR part 119 certificate. It may consider exemption petitions allowing fuel reimbursement with added safety conditions.

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Aviation Legal Group, P.A. asked whether a real estate company operating a jet could charge its automotive dealership parent companies for their business travel under 14 CFR 91.501(b)(5). The FAA said no: charges are allowed only for carriage incidental to the operator's own business, and the parents' travel serves their dealership activities, not the operator's real estate business.

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An individual asked how an IA must record an annual inspection that found discrepancies and what documents a ferry flight must carry. The FAA sided with the owner: the 14 CFR 43.11 entry can be on a sticker and the discrepancy list can be a separate document. Of the documents asked about, only the special flight permit must be carried, along with the current airworthiness certificate.

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A domestic flight sequence that began as a diverted international flight is still governed by the domestic flight time limitations and rest requirements, assuming new passengers or cargo board before departure. The nature of the sequence, not the pilot's reserve classification, decides which rules apply.

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Delta Air Lines asked whether it could fabricate multiple copies of a part and store them for later repairs to its own fleet. The FAA said yes, citing AC 43-18 and the owner-or-operator exception in 14 CFR 21.303(b)(2), as long as the parts are used only in Delta's own repairs and controlled so they are not sold for installation on others' type-certificated products.

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The Air Line Pilots Association asked whether amended 14 CFR 91.703(a)(3) should cite a specific part of ICAO Annex 2 or also cite Annex 11. The FAA said no: the rule refers to all of Annex 2, and Annex 11 governs air traffic service providers, not pilots. Aircraft outside U.S. territory but in airspace under U.S. control are not held to the 250-knot limit below 10,000 feet.

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A requester asked whether ICAO's 250-knot limit below 10,000 feet applies outside U.S. territory after the FAA amended 14 CFR 91.703(a)(3). The FAA said Annex 11 binds air traffic service providers, and the FAA decides whether to apply it in U.S.-designated airspace. Aircraft are not limited to 250 knots below 10,000 feet in designated airspace under U.S. control outside U.S. territory.

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At least one hand fire extinguisher on the flight deck must be reachable by at least one flightcrew member from the seated position at all times, even with oxygen masks on. If a pilot must remove a mask or leave the seat to reach it, it is not readily accessible under 14 CFR 121.309(b) and 14 CFR 121.309(c)(4).

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An individual asked how the amended 14 CFR 91.703(a)(3) affects the 250-knot speed limit. The FAA said airspace beyond 12 nautical miles from the U.S. coast is outside the United States, the 14 CFR 91.117(a) limit does not apply there even in FAA-controlled airspace, and there is no designated maximum speed in the U.S. flight information region.

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Australia's Civil Aviation Safety Authority asked how to count seats under the flight recorder rules in 14 CFR 91.609 and 14 CFR 135.152. The FAA said the actual installed seats count; removing seats can avoid the rules, but disabling them cannot. The maintenance rule in 14 CFR 135.411(a)(1) instead uses the type-certificated maximum.

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A law firm asked whether KaiserAir, which holds Part 135 and Part 145 certificates, could run one drug and alcohol testing program covering both. The FAA said the Part 135 certificate holder must have its own program, but because the repair station counts as its contractor under the testing rules, the repair station's employees may be included in that Part 135 program.

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An individual asked what logbook endorsements apply when a pilot completes the 14 CFR 61.57 instrument proficiency check in an approved flight training device, and who may sign them. The FAA said the same endorsements generally apply as in an aircraft, but an Instrument Ground Instructor cannot endorse the check; only a CFII whose instrument rating is appropriate to the aircraft category and class can.

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Southwest Airlines asked whether an off-duty flight attendant who volunteers to stand in for a working crewmember during boarding and deplaning is on duty. Yes: a person the carrier uses to continue a flight is on duty, and it does not matter whether the work was scheduled or tied to flight time.

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On behalf of Southwest Airlines, the FAA's certificate management office asked what "intermediate stop" means in 14 CFR 121.391 and Exemption 9382. The FAA said it is a stop where passengers remain on board and proceed on that aircraft to another destination, a definition used consistently for almost 30 years that also governs the exemption.

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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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A requester asked whether off-duty flight instruction counts as "other commercial flying" under 14 CFR part 121 flight time limitations. The FAA said unpaid instruction does not count, whether or not the instructor is a required crewmember, but it could not answer for compensated instruction without more facts.

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A requester asked whether, on an IFR flight that requires an alternate, the destination airport can also be listed as the alternate. The FAA said no: where a safety rule requires listing a second airport as an alternate, using the same airport for both would defeat the purpose of having a safety backup airport.

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Womble, Carlyle, Sandridge & Rice asked whether a joint owner's subsidiary could carry its people on a jointly owned airplane. The FAA said no: under a joint ownership agreement, 14 CFR 91.501(b)(6) governs and allows carriage only for the owners' officers, employees, and guests, so the subsidiary would have to become a joint owner.

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Passing a flight instructor practical test does not automatically count as a flight review under 14 CFR 61.56(d), because it tests instructional skills rather than serving as a pilot proficiency check. If the applicant asks to combine the two, the examiner may evaluate the test toward a flight review and must record a completed review in the pilot's logbook.

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An individual asked whether helicopters hover or air taxiing on an airport in controlled surface areas below basic VFR need a special VFR clearance. The FAA found no violation of 14 CFR 91.155, 14 CFR 91.157, or 14 CFR 91.123 in taxiing between positions on the same airport, since such taxiing is a ground operation. Procedures are for the pilot and ATC to settle.

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The FAA's Aircraft Maintenance Division asked whether operators must follow manufacturers' updated maintenance or inspection instructions to comply with 14 CFR 91.409(f)(3). The FAA said no: a program current when adopted stays current unless the FAA mandates changes by airworthiness directive or rule amendment, though operators may, and typically do, incorporate manufacturer revisions.

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An FAA field office asked whether foreign repair stations must still show a need for their certificate when it is renewed. The FAA said the showing-of-need requirement in 14 CFR 145.51(c) is a continuing obligation, not just an initial-application requirement, though it should be applied with some flexibility and not arbitrarily.

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An individual asked whether a private pilot flying passengers at a charitable, nonprofit, or community event could be reimbursed for a share of costs such as aircraft rental. The FAA said yes, if the flight fully complies with 14 CFR 91.146: reimbursement may not exceed the pro rata cost of owning, operating, and maintaining the aircraft for that flight.

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A part 135 pilot who accepts and flies a departure procedure the aircraft cannot meet after an engine failure would violate the takeoff limitations in 14 CFR part 135 subpart I, as applied by 14 CFR 91.175(f)(4). Under part 91 or 135, the pilot must preplan for degraded climb performance and engine failure and determine whether the flight is within the aircraft's operating limitations.

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A flight instructor paid for instruction while acting as pilot in command needs only a third class medical certificate under 14 CFR 61.23(a)(3). The FAA also said student pilots may not act as pilot in command above scattered or broken clouds, instructors may sign any record the student presents as a logbook, and flight crewmembers need not fasten shoulder harnesses during taxi.

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An individual asked whether pilots flying the Cessna 525 single-pilot must take the proficiency checks required by 14 CFR 61.58. The FAA said it depends on the type rating: a CE-525 rating, earned with a two-pilot crew, triggers the checks, while a CE-525S single-pilot rating in an appropriately equipped airplane does not, though single-pilot authorization may depend on specified cockpit equipment.

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An individual asked about renewing an inspection authorization (IA). The FAA said a renewal applicant must again meet 14 CFR 65.91(c)(1) through (4) under 14 CFR 65.93, and that time spent building amateur-built or kit aircraft cannot count toward 14 CFR 65.83 recent experience or the "actively engaged" requirement; later maintenance on such aircraft is judged case by case.

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An attorney asked whether parties can convert an interchange agreement into a time sharing agreement, or the reverse, when a different cost formula becomes more favorable. The FAA said no: the regulations contemplate that parties choose one arrangement at the start and keep it to the end, since switching would defeat the distinctions drawn in 14 CFR 91.501.

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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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A CFII asked whether an instrument instructor may log approaches a student flies in actual instrument conditions and count them toward currency. The FAA agreed with earlier Flight Standards guidance: under 14 CFR 61.51(g)(2) the instructor may log the instrument time, and the instructor's oversight responsibility means the approaches count as "performed" for 14 CFR 61.57(c)(1).