Legal Interpretations

FlightPush Summary

The Southwest Airlines Pilots Association asked how notice, rest resets, and reserve rules work when a carrier moves a pilot's flight duty period report time during a 14 CFR 117.25(e) rest period. The FAA did not answer directly; it said its 2013 Clarification of Flight, Duty, and Rest Requirements, especially the section on adjusting FDP start time, should fully address the questions.

FlightPush Summary

The FAA Chief Counsel clarified that whether a government-owned aircraft flight is a public aircraft operation turns on whether it is for a commercial purpose and whether anyone besides crewmembers or qualified non-crewmembers is aboard. "Governmental function" matters only for deciding whether a non-crewmember is qualified, so earlier governmental-function analysis no longer applies to unmanned or crew-only flights, except Armed Forces aircraft.

FlightPush Summary

Yodice Associates asked whether Florida's heliport site-approval rule, which requires signed traffic-pattern agreements with airports within three miles, is preempted. The FAA said yes: regulating the safety of air traffic patterns and aircraft operations is a federal field, and state police power does not reach aircraft operations, though land use controls that do not affect aircraft operations remain available.

FlightPush Summary

Ground Based Space Matters, on behalf of Virgin Galactic, asked the FAA to treat WhiteKnightTwo's post-separation training maneuvers as part of a Title 51 launch. The FAA declined, holding those maneuvers are aviation activities under Title 49, but concluded that launch ends when WK2 impacts Earth, letting it continue under Title 49 without coming to a complete stop.

FlightPush Summary

The FAA's commercial space office asked whether Virgin Galactic's launch license could cover extra WhiteKnightTwo flying after a SpaceShipTwo mission. The FAA's Office of the Chief Counsel said the return approach appears licensable under Title 51, but touch and goes and additional landings and takeoffs after the aircraft could have landed and been returned to a safe condition are difficult to treat as launch activity.

FlightPush Summary

Flight Standards asked whether restricted category aircraft certificated for aerial dispensing of liquids may carry firefighters who will fight fires from the ground. The FAA said no: those firefighters are not part of the aircraft's special purpose under 14 CFR 91.313(d), the aerial work exception in 14 CFR 119.1(e)(4)(iv) does not cover such transportation, and a contrary 1999 regional opinion does not align with FAA interpretations.

FlightPush Summary

Flight Standards asked whether 49 U.S.C. 44735(b)(4), which shields data produced for "developing and implementing" a safety management system, still protects data once a part 121 carrier's SMS is in place. The Chief Counsel's office said yes: the phrase covers ongoing development and implementation, so such data is protected if voluntarily submitted and not otherwise required by law.

FlightPush Summary

sUAS News asked whether UAS test sites may be paid to let businesses fly under their public aircraft authority. The FAA said a test site may not be compensated for a flight it conducts as a public aircraft operation, and flights failing that statute need civil authority. Leased aircraft must be exclusively used by the government for 90 days, or the operations lose public status.

FlightPush Summary

The FAA's Chief Counsel concluded that 14 CFR part 36 noise standards do not apply to type certification of a new supersonic aircraft, since they cover only subsonic airplanes and the Concorde. The FAA must still set noise standards for such an aircraft through rulemaking under 49 U.S.C. 44715, and 14 CFR 91.817 continues to bar supersonic flight over land in the United States.

FlightPush Summary

Maui Helicopter Academy asked whether Hawaii air tours may go beyond gliding distance of shore in a helicopter without floats. The FAA said yes for single-engine helicopters under 14 CFR part 91, 121, or 135, because appendix A to 14 CFR part 136 allows operations beyond the shore when each person on board wears approved flotation gear.

FlightPush Summary

A law firm asked whether a seller of off-the-shelf electronics to a launch licensee's contractor must sign a reciprocal waiver of claims. The FAA said such a vendor, with no involvement in launch or reentry, is unlikely to be able to bring a claim, but the licensee and its contractors are best placed to decide, since they must indemnify claims from parties that could claim but did not sign.

FlightPush Summary

Boeing's space exploration counsel asked whether space flight participants must waive claims against launch licensees after the 2015 Commercial Space Launch Competitiveness Act. The FAA said yes, honoring the statute even though its regulations do not require it. Participants must also waive claims for their heirs, and agreements should resemble the 14 CFR part 440 Appendix E templates but be tailored to the parties.

FlightPush Summary

The FAA agreed with its Aircraft Registry that a Piper PA-18 reported destroyed, and still unrepaired and disassembled, cannot be registered. Unassembled parts are not an aircraft for registration purposes, and a destroyed aircraft must be repaired before it can return to the registry. Its airworthiness certificate became ineffective when its registration ended.

FlightPush Summary

14 CFR 135.339 does not require a separate observation check for each aircraft family a check airman serves in; one observed check within 24 calendar months is the minimum. FAA inspectors may still require additional observation checks before approval, and likely will when the new aircraft family has little in common with the one already observed.

FlightPush Summary

A part 145 repair station does not violate 14 CFR 43.13(a) by following a prior version of a manufacturer's maintenance manual that remains acceptable to the FAA, though "current" means the latest version in effect. Even so, 14 CFR 145.109(d) requires the station to keep the latest version accessible when the work is performed.

FlightPush Summary

A requester sought reconsideration of how PIC time is logged under 14 CFR 61.51(e)(1)(iv). The FAA reaffirmed that all four conditions must be met, including holding a commercial or ATP certificate, being in an approved PIC training program, and having a qualified supervising PIC log and certify the time.

FlightPush Summary

EASA-approved repair design data for minor repairs is accepted as FAA-approved without further review when the TIP criteria are met. TIP Revision 5 (September 15, 2015 to September 22, 2017) and Revision 6, which superseded it, give essentially the same result. The FAA also noted its regulations do not require minor repairs to follow FAA-approved data.

FlightPush Summary

A business entity that lacks or has lost legal status in its state of incorporation is neither eligible to register an aircraft nor to operate it. The Civil Aviation Registry relies on the entity's own certification rather than checking its status, but the owner could face enforcement action.

FlightPush Summary

The FAA declined to decide whether an aircraft may fly with an inoperative MEL item removed, calling it fact-specific and referring it to AFS-300. It said "repair" generally carries its plain meaning, that temporary repairs are recognized in some cases, that ferry-flight fixes are repairs subject to 14 CFR part 43, and that manufacturer serial-number-specific instructions are generally acceptable data for minor repairs.

FlightPush Summary

The FAA said it could issue a single operating certificate naming both Alaska Airlines and Virgin America during their merger, under four conditions: the entities are committed to a full merger with one controlling the other, can meet 14 CFR part 119 and part 121 or 135, show operational control through one management team under 14 CFR 119.65, and are reflected on DOT economic authority documents.

FlightPush Summary

The ACLU objected that FAA flight restrictions over the 2016 Dakota Access Pipeline protests ignored the Standing Rock Sioux Tribe and blocked media. The FAA's Acting Chief Counsel replied that the 14 CFR 91.137 restrictions responded to drones approaching law enforcement helicopters too closely, were narrowed after tribal outreach, allowed media aircraft access, and were never meant to abridge First Amendment rights.

FlightPush Summary

An aircraft originally certificated without an electrical system is not required to equip for ADS-B Out just because batteries or an electric starter were later installed. The FAA read the exception in 14 CFR 91.225(e) to cover the same aircraft excluded from the transponder requirement, and said it may consider a technical amendment to remove confusion from the wording difference.

FlightPush Summary

A requester asked whether an LLC that owns an aircraft and flies its majority member and others can operate under 14 CFR part 91. The FAA said no: the LLC is a flight department company whose air transportation is not incidental to another business, so it must be certificated under 14 CFR part 119, regardless of its liability or tax structure.

FlightPush Summary

An A&P mechanic asked whether installing an STC requires FAA Form 337. The FAA said an STC change is not part of an aircraft's specifications until the aircraft is altered, so an STC installation that is a major alteration requires Form 337, and a 14 CFR 43.9(a) maintenance record entry alone is not enough.

FlightPush Summary

A requester argued the FAA misreads the rule letting a supervised pilot log pilot in command time under 14 CFR 61.51(e)(1)(iv). The FAA disagreed, citing its 2009 final rule: the pilot must hold a commercial or airline transport pilot certificate with appropriate ratings, be supervised by a qualified pilot in command, and be in an approved pilot in command training program.

FlightPush Summary

Salinas Municipal Airport asked the FAA to treat airport inspections as a governmental function so the city could fly them as public aircraft operations. The FAA declined: operating or inspecting an airport is not a core state function under 49 U.S.C. 40125, but the city may conduct UAS airport inspections as a civil operator under 14 CFR part 107 or by exemption.

FlightPush Summary

A pilot asked whether IFR or IMC flight in Class G airspace requires a clearance and whether airline checks count for part 91 currency. The FAA said 14 CFR 91.173 requires a clearance only in controlled airspace, subject to 14 CFR 91.13; part 121 or 135 checks cover instrument currency only when flying for that certificate holder, and check airman proficiency checks substitute for flight reviews.

FlightPush Summary

An air traffic controller asked whether a pilot cleared for a visual approach can do whatever they want because the AIM is not regulatory. The FAA said no: VFR weather minimums, separation from the aircraft being followed, and the duty to follow ATC instructions unless an emergency exists still apply, so an assigned 30-degree intercept must be flown.

FlightPush Summary

Shuttle America asked whether missing parts not listed in its MEL could be deferred. The FAA said MEL relief may be taken for the whole system when a component directly supporting a listed system fails, except warning/caution systems. A missing engine fire handle O-ring cannot be deferred under NEF because it is part of the engine fire suppression system, which affects safe operation.

FlightPush Summary

A part 121 cargo operator must obtain exemptions from 14 CFR 25.855(a) and 14 CFR 25.857(e) to carry animal handlers in a Class E cargo compartment, because 14 CFR 121.583 relieves only certain operating rules, not 14 CFR part 25 airworthiness standards. The FAA may attach conditions beyond 14 CFR 121.583, and an exit-slide exemption was also required for Kalitta's Boeing 727.

FlightPush Summary

SpaceX asked whether a captive insurance company could satisfy the launch and reentry financial responsibility rule in 14 CFR 440.9(f). The FAA said it could, as an alternative to standard insurance, if it demonstrates financial responsibility at a level acceptable to the FAA. The standard insurance conditions in 14 CFR 440.13 do not necessarily all apply, and the FAA assesses such cases individually.

FlightPush Summary

Orbital ATK, a launch vehicle component supplier, asked whether the insurance a launch licensee must buy covers it. The FAA said contractors are additional insureds against third-party claims under the licensee's 14 CFR 440.9 policy, but under the 14 CFR 440.17 reciprocal waiver each party bears its own property and employee losses regardless of fault. The FAA would not advise on buying extra insurance.

FlightPush Summary

A U.S. repair station may prepare an air carrier's airworthiness release or log entry, but only a certificated mechanic or repairman authorized by the air carrier may sign it, on the air carrier's behalf. The FAA issued this to clarify its January 5, 2009 interpretation, noting that the carrier remains primarily responsible for its maintenance.

FlightPush Summary

Humanitarian Air Logistics asked whether medical and disaster relief flights qualify as state aircraft under the Chicago Convention. The FAA said purpose alone does not decide it: a U.S. government department or agency must request and obtain a state aircraft designation through diplomatic channels, and a non-governmental entity can never self-designate. State aircraft also need foreign authorization to overfly or land and receive no FAA safety oversight.

FlightPush Summary

A requester asked whether commercial balloon training can be logged before earning a private pilot certificate. The FAA said yes, because eligibility is judged when applying for the practical test, and that the commercial knowledge test may be taken at any time, with results valid for 24 months. The interpretation corrects a May 12, 2015 letter, which the FAA struck from its database.

FlightPush Summary

Student pilot solo endorsement rules in 14 CFR part 61, subpart C do not apply to pilots holding higher certificates who are adding a category or class rating. Those pilots need a 14 CFR 61.31(d) solo endorsement from an authorized instructor, which has no time limit, and must meet the 14 CFR 61.56 flight review requirements.

FlightPush Summary

A Kaua'i County Council member asked whether billing rescued people for helicopter fuel would end the county's public aircraft status. The FAA said yes: such reimbursement is compensation under 49 U.S.C. 40125, giving the operation a commercial purpose, so charging for any part of rescue services would require qualifying as a civil air carrier.

FlightPush Summary

Horizon Air may use Exemption No. 3585 with forecasts from the National Weather Service or from its FAA-approved Enhanced Weather Information System, which may include commercial provider forecasts. The FAA corrected its January 5, 2011 Vestal interpretation, which had said the exemption could be used only with National Weather Service forecasts.

FlightPush Summary

A certificate holder may convert a deadhead into a flight duty period, but the FDP counts from the original deadhead report time. If the 10-hour rest required by 14 CFR 117.25(e) came before that report time, no new rest is needed; if not, the flight cannot be assigned or accepted until an intervening rest period is given.

FlightPush Summary

American Airlines asked the FAA to name both American Airlines and US Airways on its single operating certificate while the merger is completed. The FAA agreed, subject to conditions: a committed full merger with one entity already controlling the other, compliance with 14 CFR part 119 and part 121, a single management team under 14 CFR 119.65, and DOT economic authority. The certificate must be amended once one entity remains.

FlightPush Summary

The FAA's commercial space office asked whether it oversees storage of solid rocket propellant explosives. The Chief Counsel said 14 CFR 420.65 covers handling, not storage, but the FAA may regulate APCP storage under its launch site licensing authority if the office finds it necessary for public safety.

FlightPush Summary

A pilot asked whether paid ground instruction, given incident to flight instruction, counts as other commercial flying under 14 CFR part 121 or toward 14 CFR part 117 limits. The FAA said no: flight instruction for compensation is other commercial flying, but ground instruction is not flying. Pilots must still be rested and prepared to perform their duties.

FlightPush Summary

A part 135 flight crewmember asked whether a certificate holder can cut a scheduled rest period short and how off-duty time differs from rest. The FAA said a rest period may be ended early, but only the rest actually received counts and it must meet the required minimum. Off-duty time is not rest unless it is also continuous, known in advance, and free from all restraint.

FlightPush Summary

A student pilot flying solo cross-country must follow the most restrictive limitation across the solo and cross-country endorsements, each valid until it expires or is superseded. Any qualified instructor may reissue and revise a solo endorsement, and an instructor who endorses properly would not normally be held responsible under FAA regulations for a student's violation.

FlightPush Summary

A requester asked about in-flight rest for a four-pilot crew on a 15-hour Newark to Mumbai flight. The FAA said the pilot flying the landing must actually take at least two consecutive hours of rest in the second half of the flight duty period, the monitoring pilot needs 90 consecutive minutes at any point, and a pilot who skips required rest violates 14 CFR 117.17.

FlightPush Summary

Piedmont Propulsion Systems asked whether design approval holders must furnish Instructions for Continued Airworthiness to public aircraft operators. The FAA said 14 CFR 21.50(b) requires complete ICA for the aircraft, engines, and propellers to go to the owner once the aircraft is delivered and holds a standard airworthiness certificate, whether it is flown in civil or public use; an operator is owed them only if it is also the owner.

FlightPush Summary

A requester asked whether the second pilot in command on a three-pilot augmented Part 135 crew can skip the PIC checks. The FAA said no: 14 CFR 135.269(b)(7)(ii) relieves the second PIC only of operating experience and recent experience requirements, and the 14 CFR 135.297 and 14 CFR 135.299 checks remain a prerequisite for any PIC.

FlightPush Summary

The United States Hang Gliding & Paragliding Association asked whether unpowered ultralights fall under part 101 while being towed aloft. The FAA said no: only vehicles designed to remain tethered for the whole flight are treated as kites under 14 CFR part 101, so an ultralight released for free flight after a tow is governed by 14 CFR part 103 throughout.