Legal Interpretations

FlightPush Summary

A Part 137 operator must keep meeting the 14 CFR 137.19(d) requirement to have at least one certificated, airworthy agricultural aircraft after initial certification, or it may not conduct agricultural operations. It does not need to own the aircraft; any agreement giving it use of one satisfies the rule.

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The 14 CFR 91.119 congested-area minimum altitude generally does not apply within an airport traffic pattern, including climbs after takeoff, descents to land, and practice touch and go operations; outside the pattern it does. Whether an area is congested is decided case by case, using factors such as housing density, the presence of people, and whether buildings are occupied.

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Flight Standards asked whether parasails are already regulated under 14 CFR part 101. The Office of the Chief Counsel said yes: a parasail held aloft only by wind from its towing vehicle is a kite, not an aircraft, so parasail operations must follow the kite rules, including the altitude, cloud, visibility, and airport-distance limits of 14 CFR 101.13 and the notice and line-marking rules.

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Baker Botts LLP asked whether a company furnishing its aircraft and crew under a time sharing agreement keeps operational control. The FAA said yes: it presumes the party that supplies the aircraft and flight crew retains operational control, consistent with the 2008 Bauer interpretation.

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The FAA's hazardous materials office asked whether part 133 rotorcraft operators may carry hazardous materials such as explosives and fuel as external loads. The Chief Counsel's office said such transport creates a hazard to persons or property on the surface barred by 14 CFR 133.33(d) and (e), unless the operator has a mitigation plan coordinated with the regional hazmat branch and approved by its Principal Operations Inspector.

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An individual asked whether a license issued by any European Economic Area state, under mutual acceptance agreements, satisfies 14 CFR 61.3(a)(1) when flying a U.S.-registered aircraft in another country. The FAA said no: the rule allows only a license issued by the specific country where the aircraft is operated.

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Hogan and Hartson asked whether the FAA could issue one operating certificate naming both Delta and Northwest during their merger. The FAA saw no impediment, subject to conditions: a committed merger with one entity controlling the other, ability to meet 14 CFR part 119, a single management team under 14 CFR 119.65, and matching DOT economic authority. The certificate should be amended once Delta becomes the sole entity.

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A DEA request asked whether state helicopter flights for marijuana eradication, paid for by the DEA, are public aircraft operations. The FAA said no, reaffirming its 1998 interpretation: federal reimbursement makes the flights for commercial purposes, so they are civil aircraft operations subject to 14 CFR unless the federal agency makes the required emergency certification.

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A requester asked how two pilots should log a 2.2-hour cross-country flight in which one flew under simulated instrument conditions and the other was pilot in command and safety pilot. The FAA said the flying pilot logs all 2.2 hours as PIC and cross-country time; the safety pilot logs only the 2.0 simulated instrument hours as PIC and no cross-country time.

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The FAA's Office of Accident Investigation asked whether a contracted firefighting helicopter that crashed in California in 2008 was a public aircraft operation. Based on the information available, the Chief Counsel said yes: firefighting for the U.S. Forest Service is a governmental function, there was no commercial purpose, and only pilots and firefighters were aboard.

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Organizations moving from the DAS or DOA programs into the Organization Designation Authorization program keep the data they developed, because 14 CFR 183.61 controls over the 14 CFR part 21 surrender rules. The FAA also saw no reason to make terminated designees with separate data retention agreements surrender their data, since the aim is keeping data available for substantiation.

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The Air Line Pilots Association asked how carriers should document pilots' other commercial flying under InFO 08015. The FAA said entering that time, as recorded in the pilot's logbook, into the air carrier's records is one appropriate method, since it counts toward the flight time limitations of 14 CFR part 121 and 14 CFR part 135.

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A requester asked whether parachutists may drift over airports without the approvals required by 14 CFR 105.23. The FAA said the drift-over exception in 14 CFR 105.23(c) applies only to airports without an operating control tower, if the parachute is fully deployed and the parachutist stays at least 2,000 feet above the traffic pattern without creating hazards; 14 CFR 105.25 air traffic rules still apply where relevant.

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The FAA agreed with the Aeronautical Repair Station Association that AD 2003-12-07 is met when engine disks are stripped and inspected per the incorporated service bulletin. It said withdrawing an unapproved parts notice is a matter for the Flight Standards Service, and that manufacturer-approved methods are one way to satisfy 14 CFR 43.13(a), with other methods acceptable to the Administrator also allowed.

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Phoenix Heliparts, Inc. asked whether the FAA requires back-to-birth records for life-limited parts. The FAA said no: records must show the part's current life status with a sufficient degree of certainty, and tracing a part to its origin is needed only when records are too incomplete to determine time elapsed. The FAA offered no opinion on the company's own inspection system, leaving that to its local FSDO.

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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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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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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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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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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 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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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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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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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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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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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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Mexmil Global Services asked whether its tray table repairs, which replace most original parts with fabricated ones, are maintenance or manufacturing. The FAA declined to decide, saying the question is fact-specific, and referred it to Flight Standards, noting that parts fabricated for use in a repair under AC 43-18 are permissible but parts sold separately require a PMA under 14 CFR 21.303(a).

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A requester asked whether the two individual owners of a multi-company aircraft ownership structure could be treated as "parents" under 14 CFR 91.501(b). The FAA said no: "parent" refers to a corporate parent and subsidiary, so even a single individual owner would not qualify. The FAA referred related MEL and RVSM approval questions to Flight Standards Service.

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Moore & Van Allen PLLC asked whether an LLC flying only its owner, family, and guests, funded by the owner, could operate under 14 CFR part 91. The FAA said no: the LLC is a flight department company, the owner's payments are compensation, and 14 CFR 91.501(b)(4) applies only to individual owners, so certification under 14 CFR part 119 is required unless part 125 applies.

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Pan Am International Flight Academy asked whether the commercial pilot cross-country flights in 14 CFR 61.129 must be two hours away from the departure point. The FAA said no: the 2 hours is the minimum length of the whole flight, and the more-than-100-nautical-mile straight-line distance sets how far from the original point of departure the flight must go.

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Installing an FAA-approved weather reporting system next to the windsock at Potomac Airfield required notice to the FAA on Form 7460 under 14 CFR part 77, and none of the exceptions in 14 CFR 77.15 applied. The FAA's study did not object to the installation but set conditions, including marking and lighting, an as-built survey, and coordination with FAA airport and air traffic personnel.

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An individual asked whether part 121 pilots must use TSO-authorized headsets and microphones. The FAA said no rule generally requires it, but a headset cannot replace one specified in the type design, and headsets that are part of required public address or interphone systems must be FAA approved. ANR headsets required by the type design must not lose communications if battery power fails.

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A captain asked when a part 121 carrier may dispatch an extended overwater flight to a destination forecast below minimums. The FAA said it may if the alternate is forecast at or above minimums, subject to 14 CFR 121.631(b). But when a high-minimum pilot in command or degraded equipment raises the minimums, the destination or alternate must be forecast at or above those higher minimums.

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A federal prisoner nearing release asked whether there are restrictions on air travel after release. The FAA said it has no regulation prohibiting or limiting recently released former prisoners from using commercial air transportation, and the TSA said it was not aware of any such prohibition.

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An individual asked whether a Teledyne Continental service bulletin requiring a borescope inspection with cylinder compression tests is mandatory for part 91 aircraft. The FAA said no: unless an AD or other regulatory document mandates it, a service bulletin is not mandatory, and an inspection using methods acceptable to the Administrator complies with 14 CFR 43.13(a), though a borescope inspection would be good practice.

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AOPA asked whether an NTSB decision made manufacturer service bulletins mandatory once incorporated into a manual. The FAA said no: the NTSB found the respondent failed to perform a magnetic particle inspection in any manner acceptable to the Administrator under 14 CFR 43.2(a)(2), not that the service instructions themselves were mandatory.

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A part 135 check airman asked whether a pilot may take a recurrent line check before finishing recurrent training, and whether emergency and hazardous materials training can be done by self-study. The FAA said the line check would be inappropriate before training is complete; hazardous materials training could likely be self-study with verification, but emergency training and drills could not.

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A law firm asked whether a company flying a Boeing 727 under a noncommercial part 125 deviation authority could carry a related company's employees on trips for that company's business. The FAA said no: 14 CFR 91.501(b) does not excuse part 125 airplanes from 14 CFR part 125, so Company B must get its own LODA, limited to noncommercial operations without any compensation.

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An individual asked whether the aerobatics ban in 14 CFR 91.303(c) covers all of Class B airspace and the area beneath it. The FAA said the ban applies only to surface areas that touch the ground, not outer Class B or C layers or Class E transition areas, reversing its 1999 interpretation.

FlightPush Summary

Air Center Helicopters, Inc. asked whether a multiengine helicopter meeting the engine-out climb performance of 14 CFR 135.183(c) must also carry helicopter flotation devices for passenger flights over water. The FAA said no: meeting paragraph (c) fulfills the rule, so the paragraph (d) flotation devices are not also required.

FlightPush Summary

The Air Line Pilots Association asked whether airmen providing special airport qualification checks must count those flights toward flight time limits. The FAA found the pilot had already met 14 CFR 121.445(b) by pictorial means and the airman rode in an observer seat as an added safety measure, not as a required crewmember, so the time does not count.

FlightPush Summary

Blue Origin asked whether it needed an FAA license to operate the private launch site it would use under an experimental permit. The FAA said it would not require one for now, because the part 420 preamble said operators launching from their own sites need only a launch license, but it is revisiting that position in its experimental permit rulemaking and advised Blue Origin to follow it.

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Armadillo Aerospace asked whether it needed an FAA license to operate a launch site when launching its rocket from temporary, privately owned sites. The FAA said no: intermittent use of a site with no infrastructure is a temporary site, not the permanent site 14 CFR 401.5 ties to launch site operation. A second question, about launching from a prospective licensed launch site, was deferred.

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The FAA confirmed that operating a motorized paraglider is subject to its regulatory jurisdiction. A motorized paraglider that meets the 14 CFR 103.1 ultralight definition is governed by 14 CFR part 103; one that does not is governed by 14 CFR part 91 and other applicable regulations.