Legal Interpretations

FlightPush Summary

Glass Cockpit Aviation asked whether the 5 hours of solo flight training for sport pilot gyroplane privileges under 14 CFR 61.313(d)(1) must be done in a gyroplane. The FAA said yes: reading 14 CFR 61.311 and 14 CFR 61.313 together, sport pilot training must be performed in the category and class of aircraft for which privileges are sought.

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Blue Origin would not violate the for-hire prohibition in 14 CFR 437.91 by flying Amazon Kindles on a permitted New Shepard flight, because it receives no compensation from Amazon, whether Amazon later sells or gives away the Kindles. Amazon still counts as a customer, so Blue Origin must implement a reciprocal waiver of claims with it.

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Double Eagle Aviation asked whether the aerial work exception lets FBOs run sightseeing tours without a letter of authorization or certificate. The FAA said no: apart from charitable and nonprofit tours, commercial air tours need part 119 certification beyond 25 statute miles or a 14 CFR 91.147 letter of authorization within that radius, and the 14 CFR 119.1(e)(4) exception does not cover sightseeing tours.

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Double Eagle Aviation asked who decides what retraining an applicant needs after failing a practical test. The FAA said the authorized instructor has sole discretion under 14 CFR 61.49(a); a DPE cannot require specific training. Necessary training is whatever covers the failed areas and satisfies the instructor that the applicant is proficient to pass before endorsing the retest.

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A requester asked whether an alteration listed in the aircraft, engine, or propeller specifications and done as described there is a major alteration. The FAA said no: the 14 CFR 1.1 definition covers only alterations not listed in those specifications, so a listed alteration is not major and no FAA Form 337 is required.

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The Tennessee Valley Authority asked whether drone inspections of its dams could be public aircraft operations. The FAA said yes: dam inspection is not listed in 49 U.S.C. 40125(a)(2), but the list is not exclusive, and maintaining its dams is a core TVA function. Inspections of government-owned and funded public works can qualify, but simply observing a project, or charging another entity to operate the aircraft, would not.

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In a follow-up to its August 11, 2015 interpretation, the FAA confirmed that 14 CFR 119.5(k) would not prohibit Quantum Airways, which plans to become a 14 CFR part 135 scheduled carrier, from advertising before certification as a potential crowdfunding opportunity. The letter addressed concern that the earlier term "investment" could be read as covering only equity investing.

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ATC was correct not to give a heading to a VFR pilot below the minimum IFR altitude who could not climb to it in VFR conditions; the pilot is responsible for terrain and obstruction clearance until reaching that altitude. A pilot who claims he can maintain obstacle clearance without seeing obstacles may be found careless or reckless under 14 CFR 91.13(a).

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Everts Air Cargo asked whether 14 CFR part 117 applies to paid parabolic flights that return to their departure point. The FAA said yes: holding out to carry paying passengers through the air is common carriage no matter where the flight lands, so the operation falls under 14 CFR part 121 and therefore part 117.

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A relief pilot who serves only en route during cruise and relieves only the assigned second in command does not need a left-seat takeoff and landing during operating experience or pilot-in-command proficiency training and evaluation, applying 14 CFR 121.432(a) and 121.543(b)(3)(ii).

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NAVAIR asked whether 14 CFR 21.50(b) requires design approval holders to furnish Instructions for Continued Airworthiness for its C-130J aircraft, which it operates only as public aircraft. The FAA said no, because the C-130J has no FAA type certificate and is not eligible for a standard airworthiness certificate; whether NAVAIR may share ICA it holds with maintenance providers is a civil matter between the parties.

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An individual asked whether a 501(c)(3) charity could pay pilots with donated funds and fly its aircraft under 14 CFR part 91. The FAA said ATP and commercial pilots may be paid, but whether the operation needs a 14 CFR part 119 certificate could not be determined without more facts. Flights for children reimbursed by a make-a-wish organization could not be conducted under 14 CFR part 91.

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Responding to an NTSB question, the FAA Chief Counsel said all personnel assigned airport rescue and firefighting duties must complete the 14 CFR 139.319 training and live-fire drill before performing those duties, including command staff who perform them. An Incident Commander may not need the training, relying on trained firefighting command staff.

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The Aviation Designee Association asked whether the FAA may refuse export airworthiness approvals and special flight permits for aircraft outside the United States. The FAA said it may deny an export approval because 14 CFR 21.325(c) is permissive and location can create an undue burden, though no rule requires the aircraft to be on U.S. soil; special flight permits have no explicit geographic limit.

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Suburban Air Freight, Inc. asked whether 14 CFR 135.63(a)(4)(vii) requires a duty time log for flight-qualified managers. The FAA said no: the rule requires only a record of pilot flight time, not a specific duty time record, but the certificate holder must still comply with all 14 CFR part 135 flight, duty, and rest rules, subject to FAA inspection.

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NASA asked whether its astronauts, and astronauts of its international partners, must give written informed consent to fly as space flight participants on licensed or permitted vehicles. The FAA said yes. Unlike the waiver of claims it had found NASA astronauts need not sign, informed consent is not a waiver, and the FAA identified no statute that conflicts with requiring it.

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A pilot holding only a British-issued EASA Part-FCL private pilot license may not fly a U.S.-registered aircraft in another EU country. Under 14 CFR 61.3, a foreign license substitutes for a U.S. certificate only within the country that issued it, and EU member states' recognition of each other's licenses does not change that obligation.

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A German insurer asked whether a pilot whose German license lacked a Piper PA 46 type rating was barred from flying a U.S.-registered PA 46 on an FAA certificate based on that license. The FAA said no: its rules require no PA 46 type rating, and if the pilot held the 14 CFR 61.31 endorsements and was current, it would not consider the flight inconsistent with its regulations.

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After ICAO dropped its requirement that a pilot in command aged 60 to 65 in international multi-pilot operations be paired with a pilot under 60, the FAA determined that the change triggered the sunset of the statutory authority for the pilot pairing limits in 14 CFR. It published an enforcement policy in the Federal Register. The ICAO change did not affect the under-60 limit for single-pilot operations.

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An FAA-certificated mechanic who meets the experience or ability and comprehension requirements of 14 CFR 65.81 and works in accordance with 14 CFR part 43 may maintain the Cirrus Airframe Parachute System without Cirrus Design training and authorization. The manual's restriction to Cirrus-authorized technicians is not enforceable from an FAA regulatory perspective, though the FAA called Cirrus training prudent.

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A reproduction identification plate bought online cannot be treated as eligible for installation, because only plates from the original manufacturer or produced under FAA-approved procedures qualify. An owner should first seek a replacement from the original manufacturer; if it cannot provide one, AC 45-2D describes buying a plate from an approved source after working with the local FAA district office.

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Using the Knee Defender to keep a seat from reclining is not a per se violation of FAA regulations, and the FAA has not identified a safety issue with inhibiting recline. But if the air carrier or a crewmember tells a passenger to stop using it, for example during an emergency or during taxi, takeoff, and landing, refusing violates the prohibition on interfering with a crewmember.

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Corporate Flight Management asked whether it needed more FAA authorization to fly DOT-approved public charters in aircraft of 30 or fewer seats. The FAA said public charters under 14 CFR part 380 are on-demand operations, so the approved flights may be conducted under its 14 CFR part 135 certificate and on-demand operations specifications. The finding does not cover future operations DOT has not approved.

FlightPush Summary

An individual asked about right-hand turns and circling approaches at non-towered Class G airports. The FAA confirmed that ATC cannot authorize right-hand turns there, noting that a 2009 interpretation saying otherwise was in error, and explained that a pilot released to CTAF on an ILS approach is not bound to a specific runway but must still fly the ILS unless the clearance is amended.

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A law firm representing a former air ambulance pilot asked which disciplinary records must be furnished to hiring air carriers under the Pilot Records Improvement Act. The FAA said records of discipline tied to safe aircraft operations must be furnished, such as one for an incorrect maintenance logbook entry, but not records for unrelated policy violations, such as attending a public relations event without permission.

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AIRCAP Flight Services' president asked whether leasing an aircraft from one company and pilots from another is a wet lease requiring 14 CFR part 135, and how the two pilots log time. The FAA said that on the facts given it would likely not be a wet lease, but in a single-pilot airplane both pilots may not each log flight time.

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Asia Pacific Airlines challenged overflight fees charged to Aero Micronesia for flights within the airspace of the Marshall Islands, Micronesia, and Palau. The FAA said the fees are authorized by 49 U.S.C. 45301 and 14 CFR part 187, because that airspace is U.S.-controlled, and the Compact amendments make service recipients liable for user fees just as in the United States.

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A private pilot may trade aircraft detailing services for his pro rata share of expenses on common-purpose flights if the services do not exceed that share under 14 CFR 61.113(c). Trading the services for solo rental of another pilot's aircraft violates no FAA regulation if the flight is not for compensation or hire. FAA regulations require no documentation of either arrangement.

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The FAA's AST-500 division asked whether a space flight participant's signed consent under 14 CFR 460.45(f) may be electronic. The Chief Counsel's office said yes: the rule does not specify a format, so a paper or electronic writing works. The 2011 Wong interpretation requiring paper under 14 CFR 413.7(a) does not apply because that rule requires filing in duplicate.

FlightPush Summary

The FAA declined to reverse its interpretations that taxiing under the aircraft's own power to a deicing pad, and the deicing that follows, is flight time under the 14 CFR 1.1 definition. Its earlier analysis already considered the deicing requirements of 14 CFR 121.629, and movements not for the purpose of flight remain excluded.

FlightPush Summary

A requester asked whether an un-augmented pilot who has finished scheduled flying may pick up an open trip or fly a deadhead flight under 14 CFR part 117. Yes, at the pilot's or the carrier's request, if the FDP clock runs from the original report time, the flying fits the flight time and FDP limits, and the pilot certifies fitness under 14 CFR 117.5.

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United Airlines asked whether the oceanic position-plotting provision in AC 91-70A and FAA Order 8900.1 is mandatory. The FAA said no: the order is inspector guidance and the AC is advisory only, so operators may use another method without an exemption, as long as that method satisfies all applicable regulations.

FlightPush Summary

The FAA clarified that its June 2014 memorandum on UAS research covered only aeronautical research. Other research using UAS as public aircraft may qualify if it fulfills another governmental function under the statute, but each project will be examined for whether it supports a core governmental function, and that is only one factor in the public aircraft analysis.

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The Aviation Law Firm asked whether pilots sharing expenses through a members-only aviation adventure website engage in common carriage. The FAA said yes, as in its AirPooler interpretation: the website holds out transportation to a broad segment of the public interested in air travel, so participating pilots would need a 14 CFR part 119 certificate.

FlightPush Summary

A PIC's concurrence with a flight duty period extension under 14 CFR 117.19 must be given when the need for the extension is known, not in advance. For extensions over 30 minutes, concurrence separate from the 14 CFR 117.5 fitness-for-duty certification is required, and the record may take any reasonable form.

FlightPush Summary

A requester asked whether a supplemental crew could fly Miami to Istanbul and return on a part 91 tail-end ferry, and whether supplemental international rules require look-back rest. The FAA said the ferry fits current rules if total duty stays within the 30-hour limit, no onboard rest facilities were needed, and subpart S has no 24-hour look-back rest for each reserve day.

FlightPush Summary

Heliphoto asked whether helicopters may leave the North Shore Helicopter Route to photograph Long Island properties. The FAA said a pilot flying along the north shore must use the route until transitioning to the location to be photographed, then rejoin it if continuing along the shore. Flights that do not travel along the north shore need not use the route.

FlightPush Summary

An experimental light-sport aircraft cannot be leased to a flying club unless it is used for the towing of light-sport gliders or unpowered ultralight vehicles. Although the lease itself is not a commercial operation, 14 CFR 91.319(f) bars leasing these aircraft except for the towing permitted by 14 CFR 91.319(e)(1).

FlightPush Summary

A requester asked whether pilots may make right turns when landing at a nontowered Class G airport. The FAA said all turns must be left under 14 CFR 91.126(b)(1) unless markings or light signals say otherwise, or a deviation is authorized or required by the airport's approach guidelines or another rule such as 14 CFR 91.3(b). It corrected its 2009 Murphy interpretation's reference to ATC authorization.

FlightPush Summary

A commercial single-engine applicant must fly the entire practical test in a single-engine airplane equipped to show complex-airplane proficiency, so a multiengine airplane cannot be used for that part. The 10 hours of complex or turbine training under 14 CFR 61.129(a)(3)(ii) may be logged in either a single- or multiengine airplane.

FlightPush Summary

The FAA's Flight Technologies and Procedures Division asked whether the maximum certificated landing weight qualifier in the 14 CFR 97.3 definition of aircraft approach category applies to aircraft grouped by VREF. Yes: approach category for those aircraft is determined using VREF at maximum certificated landing weight, as it is for aircraft grouped by 1.3 VSO.

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NASA asked whether astronauts of its International Space Station partners, flying as space flight participants, must waive claims against the U.S. Government. The FAA said they need not waive claims for bodily injury, impairment of health, or death, because the station agreement excludes those claims, but they must waive claims for property damage or loss under 51 U.S.C. 50914(b)(2).

FlightPush Summary

NASA asked whether its astronauts must sign the reciprocal waivers of claims required of space flight participants on FAA-licensed launches. The FAA said no: the waiver requirement does not override federal employee compensation laws for civil servant and military astronauts, and astronauts need not waive claims against the government or its contractors and subcontractors.

FlightPush Summary

American Flyers asked how many hours a Flight Instructor Refresher Course (FIRC) must include. The FAA said that although 14 CFR 61.197 sets no minimum, Appendix K of 14 CFR part 141 and Advisory Circular 61-83G call for at least 16 hours of ground and/or flight training, and 16 hours is the consistent standard for FAA approval of a FIRC curriculum.

FlightPush Summary

AST-300 asked whether reusable launch vehicles, mobile fueling equipment, and fueling fall under the explosive siting rules of 14 CFR part 420. The FAA said vehicles and equipment are not explosive hazard facilities, but their location can be when propellant is loaded or unloaded, and both the launch site operator and the launch operator are responsible for safe hazardous ground operations.

FlightPush Summary

Universal Helicopters asked whether earlier part 141 private pilot and instrument helicopter training can count toward the 115 flight training hours appendix D to 14 CFR part 141 requires for a commercial helicopter course. The FAA said no under 14 CFR 141.55(b), but noted a school may seek approval under 14 CFR 141.55(d) and (e) for a course with fewer hours, without examining authority for it.

FlightPush Summary

A prospective helicopter operator asked whether 14 CFR part 133 applies to hoisting passengers from offshore vessels and flying them into the United States. The FAA said no, as long as the hoist is completed before entering US airspace, but the passenger flights would require a 14 CFR part 119 certificate and operation under 14 CFR part 135.

FlightPush Summary

The New Zealand Air Line Pilots' Association asked whether an Air New Zealand Second Officer under 60 can be the younger pilot ICAO requires when the pilot in command is 60 or older on U.S. flights. The FAA said only if licensed, appropriately rated for all phases of flight, and current; one exempted from the required takeoffs and landings does not qualify, despite New Zealand's filed difference.