Legal Interpretations

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NorthStar Trekking asked whether the Auke Bay route at Juneau is necessary only for takeoff or landing, which would exempt its tours from life preserver and float rules. The FAA said no, because the route runs several miles before the traffic pattern. Flying within gliding distance of shore, the operator may either equip floats or have passengers wear life preservers; the route remains usable.

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An FAA office asked whether operations funds may pay for developing EMS helicopter routes and departure procedures. The FAA's counsel said yes: the 2012 law's list of authorized expenditures, which names helicopter approach procedures, is a set-aside rather than a limit, and the FAA may spend appropriated funds on other purposes that support its mission.

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Paragon Space Development Corporation asked whether its World View balloon capsule, carrying people to 30 kilometers, falls under the commercial space launch statute. The FAA said yes for the proposed altitudes, because the capsule must be built to operate in outer space to keep occupants alive for hours, assuming it rapidly transits controlled airspace. It did not decide whether 30 kilometers is outer space.

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An FAA Flight Standards office asked whether part 133 covers helicopter hoist operations carrying passengers more than 12 nautical miles from the United States. The Chief Counsel's office said no, because 14 CFR part 133 applies only within the United States, so the operations must be conducted under 14 CFR part 135, including 14 CFR 135.3(a)(2) for operations over the high seas.

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A requester asked whether an instructor may give a high-performance endorsement in a multiengine airplane to a pilot without a multiengine rating. The FAA said yes, because 14 CFR 61.31(f) does not require a rating first, but the pilot may not use the endorsement to act as pilot in command of a multiengine airplane until earning the multiengine rating.

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The five-second quick-donning requirement for oxygen masks is measured from the mask within immediate reach while the crewmember is seated at the duty station, under 14 CFR 25.1447(c)(2) and 14 CFR 121.333(c)(2). The rules require both conditions, and FAA Policy ANM-03-111-07 describes acceptable test methods.

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An FAA Flight Standards Division asked whether a Kauai County as-needed helicopter contract for marijuana eradication could be a public aircraft operation. The FAA said no: a contractor's aircraft must be exclusively leased for at least 90 continuous days, and Drug Enforcement Administration funding gives drug eradication a commercial purpose. The flights must follow FAA rules, with Class D external loads requiring a multiengine helicopter under 14 CFR part 133.

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An owner of two late-1940s aircraft with aluminum ID plates inside the cabin complies with current 14 CFR 45.11(a) and (e), assuming all other relevant requirements are met. The fireproof, attached-plate requirement is not new; for aircraft built before March 7, 1988, the plate may be inside near an entrance if the model and serial number are displayed on the fuselage exterior.

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Replacement and overhaul intervals that S-LSA manufacturers call mandatory are not per se mandatory. Under 14 CFR 43.13(a), following the manual is one acceptable way to maintain the aircraft, but a maintenance provider may instead use an alternative method acceptable to the FAA.

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The FAA concluded that the "Jetman" wing, when worn and flown by its pilot, is an "aircraft" under 49 U.S.C. 40102(a)(6). Being worn, launched from another aircraft, and controlled by body motion does not change that, though it may not meet every regulatory requirement, and the FAA would need to set appropriate certification and operating conditions.

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Terrafugia asked what "in furtherance of a business" means for sport pilots under 14 CFR 61.315(c)(3). The FAA said any flight conducted for a business purpose, even one only incidental to the business, is in furtherance of a business and off-limits to sport pilots, unlike private pilots under 14 CFR 61.113(b). The limit turns on the pilot's certificate, not the aircraft's.

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The Suffolk County Police Department asked whether its free trauma transports are public aircraft operations. The FAA said rescue flights from a trauma scene can qualify as search and rescue, with the patient as a qualified non-crewmember, as long as no fee is charged. Inter-hospital transfers do not appear to qualify and would be civil transport subject to 14 CFR.

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Mechanics and repairmen are not required to complete manufacturer-mandated factory or recurrent training, such as Rotax's, before working on a light-sport aircraft engine, because 14 CFR part 43 and 14 CFR part 65 contain no such requirement. A manufacturer's manual cannot impose training requirements beyond the regulations, though the FAA strongly encourages initial and recurrent training.

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Ultralight vehicles under 14 CFR part 103 may use electric motors, but the batteries that power them must be included in empty weight, which may not exceed 254 pounds. The FAA does not treat these batteries as usable fuel, because they remain installed and keep virtually the same weight after they are depleted.

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The FAA said it could not give discrete definitions of "densely populated" and "congested airway," which limit experimental aircraft under 14 CFR 91.319(c) and related rules. Population-related terms are applied case by case, charts give only general guidance, and pilots remain responsible for minimum safe altitudes under 14 CFR 91.119. The FAA suggested reviewing guidance material to add examples.

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A requester asked whether a 1977 interpretation on private pilots and compensation at balloon events still applies. The FAA said yes, because 14 CFR 61.113 matches the earlier rule in all relevant respects; the key question is whether anything of value the pilot receives is conditioned on the pilot operating the aircraft.

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The Aeronautical Repair Station Association asked the FAA to retract its 2010 McHugh interpretation on maintenance personnel rest under 14 CFR 121.377. After public comment, the FAA rescinded the part of McHugh dealing with the "or the equivalent thereof" language, agreeing it would change longstanding precedent; giving the equivalent amount of rest within a calendar month satisfies the rule.

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An ATP sought to upgrade single-engine land and sea ratings using a VFR-only seaplane plus an IFR-capable landplane. The FAA said that plan does not meet 14 CFR 61.45 because the seaplane lacks instrument equipment and the landplane is the wrong class, so the rating would carry a limitation. Both tests may be given in a properly certificated and maintained amphibious airplane.

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The Aviation Designee Association asked whether the deviation provisions in 14 CFR 21.329(b) and 14 CFR 21.331(b) and (d) relieve aircraft and engines from normal export requirements. The FAA agreed: export certificates of airworthiness and export airworthiness approvals may be issued when the conditions of those paragraphs are met.

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The FAA found that contracted mosquito-control helicopter flights for Minnesota's Metropolitan Mosquito Control District appeared to be valid public aircraft operations, not automatically 14 CFR part 137 civil operations, because paying a contractor is not prohibited compensation. MMCD must still give the operator a written declaration identifying the aircraft; a contract alone does not confer public aircraft status.

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An external-load operator cannot make a residential or commercial part of town uncongested by clearing people out, so a congested area plan is still needed there. An isolated site such as a factory can be made uncongested by depopulating it and keeping people out, for example under a contingency plan for a sterile operation area.

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Pinnacle Airlines Corp. asked whether pilots transferring among its affiliated carriers during a certificate merger must be treated as new hires under the Pilot Records Improvement Act. The FAA said no, because each carrier had already satisfied PRIA's safety intent and the background check records are on file, so the merger proposal complies with PRIA.

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Asked about AirTran flight attendant manual procedures under 14 CFR 121.137(b), the FAA referred the question to the Southwest-AirTran Transition Plan's manual approval process. It restated that crewmembers issued personal manuals must keep them current and carry them, and that sharing one copy among flight attendants does not comply.

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MONOC asked whether it could bill patients for medical services on New Jersey's public EMS helicopter flights. The FAA said patients are qualified non-crewmembers because the rescue is a governmental function, but any charge to patients or insurers makes the flight commercial; the state must pay MONOC from its own funds.

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An individual asked whether an FMS navigational database must be kept current or whether an iPad could replace an inoperative FMS. The FAA said that under 14 CFR 91.213, required equipment, including navigational databases, must be operative unless operated under an approved MEL, and an iPad cannot substitute for required installed equipment.

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A requester asked whether lease finance companies are lessors under 49 U.S.C. 44112 and how the statute's "control" language applies. The FAA said a lease finance company can qualify as a lessor if the lease meets the 30-day threshold, but declined the control questions as matters for the courts to decide between private litigants.

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Republic Airlines asked whether flight attendants with a missing e-reader manual could share one e-reader or printed manual on board. The FAA said no: under 14 CFR 121.137(b), each crewmember issued a personal manual must have a replacement before the flight. A spare copy designated for that crewmember complies, and a ship's library copy with established procedures may serve as a backup.

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A requester asked whether independent flight instruction under part 91 counts as other commercial flying for part 121 flight and duty time. The FAA said paid flight instruction counts and unpaid instruction does not, rejecting an argument based on a 2008 interpretation that a pilot in command is not a required crewmember.

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The Eastern Region Helicopter Council asked how the North Shore Helicopter Route rule in 14 CFR 93.103 works. The FAA said only it can authorize off-route flight, though deviations for safety, weather, or landing transitions are already allowed and need no report. The rule turns on planned route, not altitude; pilots must stay at least one mile offshore and transition by the shortest, most direct path.

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Taber Law Group argued that the New York Helicopter Sightseeing Plan's Letter of Agreement conflicts with the Hudson River SFRA rules. The FAA disagreed: the agreement covers operations in the Class B airspace above the SFRA, so the SFRA route rule in 14 CFR 93.352(b) does not apply to those flights, and the tour operations are not inconsistent with AC 91-36D on noise-sensitive areas.

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A safety pilot is a required crewmember during simulated instrument flight, so he may log second-in-command time when the other pilot is pilot in command, or PIC time if he acts as PIC for that portion. A safety pilot acting as PIC only during that portion need not pay a pro rata share under 14 CFR 61.113(c), since neither pilot is a passenger.

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Patton Boggs LLP asked whether an aviation maintenance technician school needs a new certificate after an ownership change by asset transfer. Relying on the repair station and pilot school rules, the FAA said no new certificate is required if location, facilities, and personnel do not change, but a new owner that amends the existing certificate could be liable for actions taken under the original owner.

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Home-base rest under 14 CFR 121.485(b) is twice the flight time flown with three or more pilots and an additional flight crewmember, so legs flown with smaller crews are not counted. The FAA rejected the Air Line Pilots Association's request to withdraw its 2007 interpretation, explaining that counting every leg was only a condition of an exemption.

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Larry Williams and Associates asked whether the "week" in the on-demand operation definition of 14 CFR 110.2 is any seven days or a calendar week. The FAA said it is a calendar week: the frequency of scheduled operations is measured from Sunday through the following Saturday, not over a rolling seven-day period.

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Williams and Associates asked whether a Part 135 operator leasing an aircraft without crew could also contract the lessor's pilots and keep operational control. The FAA said yes, if the pilot arrangement is truly independent of the aircraft lease; otherwise it could be a wet lease requiring the lessor to obtain part 119 certification. The submitted agreement appeared to place operational control with the operator.

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Inder Lynch asked whether an under-60 copilot in an augmented foreign air carrier crew satisfies ICAO age rules when the pilot in command is between 60 and 65, even if not always at the controls. The FAA, applying ICAO standards through 14 CFR 129.5, said one pilot must be under 60, but that pilot need not be at the controls throughout all phases of flight.

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The Nebraska Department of Aeronautics asked whether state engineers' flights in state aircraft could be reimbursed from an AIP grant. The FAA said not if the flights are public aircraft operations; as civil part 91 flights, limited reimbursement is possible under 14 CFR 91.501(b)(5) if the travel is incidental to the AIP project, and AIP rules further limit allowable costs.

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A county fire rescue air unit's tax-funded trauma transport flights may qualify as public aircraft operations if the statutory requirements are met on each flight. If the unit collects reimbursement fees from patients, the fees are compensation, the flights become commercial, and the unit must comply with 14 CFR part 135 certification and operating rules.

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Buckholz Traffic asked where a roadable aircraft may take off and land. The FAA said a roadable aircraft is an aircraft subject to the same rules as other aircraft, so 14 CFR 91.13 and 14 CFR 91.119 govern its takeoffs and landings, and other rules may apply depending on the aircraft's certificate, the pilot's certificate, and the type of operation.

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Flight Options asked whether FAA Order 8900.1 guidance requiring in-flight observation of aircraft check airman candidates conflicts with 14 CFR 135.339(a)(2). The FAA agreed it does: the regulation lets the observed check occur in an aircraft, flight simulator, or flight training device, and the regulation prevails over guidance. The FAA referred the conflict to Flight Standards Service for further review.

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Red Wing Aeroplane Company asked whether a pilot who has reached the daily flight time limit of 14 CFR 135.267(b) can then fly a Part 91 ferry flight. The FAA said yes, but the ferry time counts toward quarterly and yearly limits and, if assigned by the certificate holder, cannot be counted as rest. Under 14 CFR 119.1(e)(3), certain ferry flights may be conducted under Part 91.

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Island Air Charters asked the FAA to interpret the word "recommended" in FAA Order 8900.1, an internal order for aviation safety inspectors. The Chief Counsel declined, explaining that legal interpretations generally address the regulations in Title 14 of the Code of Federal Regulations, not established internal policy, and referred the company to the General Aviation and Commercial Division.

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The FAA's Southwest Airlines Certificate Management Office asked whether supplemental operators may rely on web-portal manual access instead of carrying manuals aboard. The FAA said generally no: 14 CFR 121.139(a) requires carrying the appropriate manual parts, and 14 CFR 121.139(b) excuses only maintenance parts en route to specified stations that keep them, with backup procedures if the portal is unavailable.

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A requester asked whether individual co-owners who share an airplane's ownership and maintenance costs can each fly it for personal use under 14 CFR 91.501(b)(4). The FAA said the shared costs are not a charge for transportation because the other owners and their guests are not aboard. It also found 14 CFR 91.501(b)(6) does not apply to a joint ownership agreement using a management company.

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Air Wisconsin asked whether Exemption 3585, which eases Part 121 dispatch rules when a forecast's conditional language shows weather possibly below minimums, covers flights involving foreign airports. The FAA said no for destinations and alternates outside the United States; for flights from abroad, it applies only when both the destination and alternate are in the United States.

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During flight testing of an experimental amateur-built aircraft, the operating limitations in FAA Order 8130.2F bar carrying anyone not essential to the purpose of the flight, and the FAA considers only one pilot essential. A safety pilot or assisting person may not be carried; an owner who cannot safely test the aircraft should have another qualified person conduct the flight testing.

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Under 14 CFR part 91 subpart F, a company operating its own aircraft may carry officials, employees, and guests of its parent, subsidiaries, and its parent's subsidiaries under 14 CFR 91.501(b)(5). An aircraft under a joint ownership agreement may carry only people from the companies that are parties to that agreement under 14 CFR 91.501(b)(6).

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Eric L. Johnson, PLLC asked five questions about an owner dry leasing an aircraft to several lessees who use the owner's management company and crew. The FAA sets no limits on lessee numbers, lease hours, or fee collection, and does not bar sharing the management company or crew. But those facts may show a wet lease in disguise, which is decided case by case.