Legal Interpretations

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Flight Standards asked whether ATC can approve speeds above 200 knots in Class C airspace beneath Class B airspace. The FAA said no: 14 CFR 91.117(c) gives ATC no such discretion and applies whether the underlying airspace is controlled or uncontrolled. The FAA noted that 14 CFR 91.117(d) permits flight at a higher minimum safe airspeed and that 14 CFR 91.117 is subject to waiver under 14 CFR 91.903.

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A requester asked what duty limits apply to two-, three-, and four-pilot all-cargo crews under the international rules of 14 CFR part 121, subpart S. The FAA said two-pilot crews fall under 14 CFR 121.503 and 14 CFR 121.505 (16 hours maximum daily duty), three-pilot crews under 14 CFR 121.521, and four-pilot crews under 14 CFR 121.523 (30 hours continuous duty), reversing part of its Whitaker interpretation.

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AerSale asked whether a repair station with a limited airframe rating must have a hangar big enough for the largest aircraft on its operations specifications. The FAA said yes: 14 CFR 145.103(b) applies to limited airframe ratings too, so AerSale needs housing that can enclose a Boeing 747. Contrary language in the earlier Short Brothers exemption denial was dicta and incorrect.

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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.

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A part may be recorded as overhauled after only cleaning and inspection when that is all the FAA-approved overhaul instructions require. This assumes the mechanic follows all of the approved instructions and does not discover that additional repairs are needed; doing less than the full approved process means the part cannot be labeled overhauled.

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A part may be described as overhauled under 14 CFR 43.2 after only cleaning and inspection when the overhaul instructions or other data acceptable to the Administrator require only that, provided the mechanic completes the entire process and finds no further repairs needed. The interpretation corrects a June 30, 2015 response that mistakenly referred to "FAA-approved overhaul instructions" and strikes it from the FAA database.

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A Part 125 and Part 135 operator flying between South Florida and the Caribbean asked which pilot age limits apply. The FAA said the limits are in 14 CFR 61.3(j): for qualifying international operations in U.S.-registered aircraft, no PIC age 60 or older in single-pilot operations and no pilot age 65 or older in multi-pilot operations. Flights entirely within U.S. airspace have no title 14 age limits.

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Fly By Knight asked how the 100-hour inspection rule in 14 CFR 91.409(b) applies to aircraft it uses for both instruction and rental. The FAA said it depends on how each flight is operated: flight instruction for hire needs a current inspection, while rental without a school-provided pilot does not. This interpretation corrects the FAA's October 1, 2014 interpretation on the final question.

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Odyssey Airways asked whether a mechanic outside a DOT/FAA drug and alcohol testing program may make repairs needed before the next flight. The FAA said yes, as emergency maintenance under 14 CFR 120.35 and 14 CFR 120.39, both in the Bahamas and in the United States when no covered provider is available, provided the operator meets the notice and re-inspection requirements.

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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.

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A requester asked whether an aircraft owner or operator can meet the 14 CFR 91.405(b) duty to ensure a mechanic makes return-to-service entries by receiving the entry by fax, email, or text. The FAA said yes, if the image has sufficient indicia of accuracy or reliability that the entry is in the maintenance records, a judgment that may include trust in the mechanic.

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A requester asked whether 14 CFR 61.58(i) gives a grace month for pilot-in-command proficiency checks. The FAA said yes: a pilot may keep acting as PIC during the month after the check is due, but a check completed in that month counts as taken in the due month when computing the next one, so the grace month cannot regularly stretch the cycle.

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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.

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Miami Air asked how the extended overwater dispatch rule in 14 CFR 121.615(a) applies. The FAA said it covers flag and supplemental operations and certain domestic operations within Alaska, so it would not apply to a domestic Miami to New York flight, and that a high-minimums captain's flight may depart when the alternate is forecast at or above alternate minimums.

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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.

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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.

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JJASPP Engineering Services asked whether the FAA's applicant showing process for supplemental type certificates is lawful and whether showing data escapes audit. The FAA said the process complies with 49 U.S.C. 44704 and 14 CFR 21.20, an approved PMA holder's data may be inspected at any time, and whether its own showing is acceptable is for an Aircraft Certification Office to decide.

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Ignoring a manufacturer's overhaul or life-limit schedules on a special light-sport aircraft does not make its airworthiness certificate "invalid," but it makes the certificate ineffective and the operator subject to enforcement. Maintenance procedures must come from the manufacturer or a person acceptable to the FAA, not a homemade program.

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A requester asked whether 14 CFR 91.609(e) requires a cockpit voice recorder whenever two pilots fly. The FAA said it applies only when two pilots are required by type certification or an applicable operating rule, meaning any regulation that applies to the flight; voluntarily using a second pilot does not require a CVR.

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The FAA's Production Certification Branch asked whether used propellers may be installed on new production aircraft. The FAA found no rule prohibiting it and concluded a production approval holder may do so if each propeller was made under an FAA production approval, conforms to an approved design, is safe and properly marked, and has its time- or life-limited parts tracked.

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An individual asked whether completing required distance-learning training during a 14 CFR part 117 rest period interrupts rest. The FAA said training a crew member chooses to do during rest is voluntary and does not interrupt it, but training the crew member cannot complete outside rest does. Either way, 14 CFR 117.5 requires reporting for a flight duty period rested and prepared.

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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.

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A private pilot with a single-engine land rating may apply for a commercial pilot certificate with a rotorcraft helicopter rating without first earning that rating at the private level. Properly logged commercial training stays valid if a private helicopter rating is added midway, but a commercial pilot adding a helicopter rating gets no shortcut and must complete the full 20 hours of training required by 14 CFR 61.129(c).

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On behalf of Eclipse 500 owners, a requester asked whether adopting the manufacturer's inspection program under 14 CFR 91.409(f)(3) makes its service bulletins and maintenance intervals mandatory. The FAA said no: only the inspection portions in effect when the program was adopted, and bulletins mandated by an FAA rule such as an AD, are required. The reasoning may not apply to part 121 or 135 programs.

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Under 14 CFR 141.77(c), SDSU may credit a transfer student with up to 50 percent of the flight hours needed for its curriculum, if the student completed at least that many hours at the previous part 141 school and completes proficiency and knowledge tests conducted by SDSU. The FAA noted SDSU's reduced-experience ATP authorization adds conditions before such credit counts toward 14 CFR 61.160.

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A part 135 certificate holder cannot require a pilot to answer its phone calls during rest, because a crewmember on rest must be free from all restraint; under the one-phone-call policy, a single call the pilot chooses to answer does not break rest. The FAA also said Chief Counsel legal interpretations are official FAA positions that bind local Flight Standards District Offices.

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A pilot may log PIC time as sole manipulator of the controls while the autopilot is engaged, because the FAA treats managing the autopilot as manipulating the controls. A pilot may not double log the same flight time as both PIC and SIC in a way that misrepresents total flight hours, though a single hour can count toward several distinct requirements, such as cross-country and night time.

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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.

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Tennessee Aircraft Services asked whether a new Airworthiness Limitations section Cessna added to the Model 210 Service Manual binds operators and maintainers of older 210s. For part 91 aircraft, it does not: only the ALS in each aircraft's type design is mandatory under 14 CFR 91.403(c) and 14 CFR 43.16, unless the FAA issues an AD or other rule.

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A requester asked whether two instructors can share a flight review and whether a certificated pilot needs a current review to solo a glider while training for that rating. The FAA said two instructors may split the review if each endorses the logbook for their portion, and the pilot needs a current flight review under 14 CFR 61.56(c) to solo the glider.

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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.

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Compensatory rest under 14 CFR 117.25(g) depends only on the length of the deadhead, so 10 hours of deadhead after a flight duty period does not require 20 hours of rest. The FAA also explained when aircraft deadhead begins and ends, when rest begins after a tow, and that 30-hour rest under 14 CFR 117.25(b) precedes only reserve or flight duty periods.

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A Part 135 flightcrew member asked whether a "rolling rest" policy, under which pilots stay on call after a 10-hour rest, meets 14 CFR 135.267. The FAA said no: rest must be continuous, known in advance, and free from all restraint, so the pilot lacked the 10-hour look-back rest required by 14 CFR 135.267(d). Violations may be reported by formal complaint or the FAA Safety Hotline.

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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.

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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.

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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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SP Aviation asked whether part 135 crews may deadhead home right after a duty period and whether that counts as duty. The FAA said yes, as passengers, but the 10-hour rest under 14 CFR 135.267(d) must follow before further duty, and deadhead time is neither duty nor rest. No rule limits deadhead length, but a long one after a full duty day may raise fatigue concerns.

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The Aircraft Electronics Association asked whether repair stations may test altitude-keeping and transponder equipment on experimental aircraft, which 14 CFR part 43 and 14 CFR part 145 exclude. The FAA said yes: no regulation, including 14 CFR 145.201(b), prohibits it, and 14 CFR 91.411 and 14 CFR 91.413 still impose those test requirements on experimental aircraft.

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A requester asked whether an annual inspection logbook entry must state that it followed 14 CFR part 43, appendix D. The FAA said no: the checklist used must cover at least the scope and detail of appendix D under 14 CFR 43.15(c), but the entry need not say so, and the requester's similarly worded airworthiness statement met 14 CFR 43.11(a).

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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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An airline transport pilot rated in airplanes and rotorcraft asked how to meet the pilot-in-command requirement for a commercial glider rating. The FAA said he must obtain a solo endorsement under 14 CFR 61.31(d), because without glider ratings the only way to act as or log PIC is solo flight under that endorsement. The rating requires at least 20 glider flights as PIC under 14 CFR 61.129(f)(2).

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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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Japek Flightcrew Management asked how 14 CFR part 117 sleep opportunity and fitness-for-duty rules apply when sleep is disrupted or a pilot plans to sleep in flight. The FAA said a 10-hour rest with an 8-hour sleep opportunity satisfies 14 CFR 117.25(e) even if sleep is disrupted, but a pilot must actually be fit when affirming fitness under 14 CFR 117.5(d), not conditionally on later sleep.

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An individual asked whether a special light-sport aircraft's airworthiness certificate becomes invalid if a mechanic or repairman who skipped the manufacturer's specified training repairs it. The FAA said no: manufacturers cannot impose training requirements beyond the regulations, and a light-sport repairman's only required training is the course under 14 CFR 65.107(a)(3)(ii). The FAA still strongly encourages initial and recurrent training.

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A flight instructor and check pilot for the Commemorative Air Force asked whether that 14 CFR part 91 role can support flight instructor renewal under 14 CFR 61.197(a)(2)(ii). The FAA said the rule does not exclude part 91 positions, but an Aviation Safety Inspector decides whether a given role qualifies based on a record of the activity.

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An Eclipse 500 owner asked whether manufacturer service bulletins labeled mandatory must be followed under a recommended inspection program adopted per 14 CFR 91.409(f)(3). The FAA said no, unless they contain inspection items already in the program when adopted or are required by an AD or other FAA rule. Discrepancies must still be corrected, using methods acceptable to the FAA.