Legal Interpretations

FlightPush Summary

STAT MedEvac asked whether part 135 air carriers may agree to share weather turndown information through weatherturndown.com. The FAA said nothing in its regulations prohibits the arrangement, but unless the site is approved by the Administrator or the National Weather Service, it cannot serve as a source of weather reports or forecasts under 14 CFR 135.213(a).

FlightPush Summary

A part 135 certificate holder may not require a crewmember to answer its phone call during rest, though one voluntarily answered call is allowed. Delays beyond the operator's control may extend a realistically scheduled duty day under 14 CFR 135.267(d), and 14 CFR 135.63 does not specify what to do with the duplicate load manifest, though the FAA advises operations manual procedures.

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SkyKnight Air Services asked whether its single-engine Caravans may descend over water beyond gliding distance of shore when ATC assigns 4,000 feet at the DEKAL fix. The FAA said no: the descent is for traffic separation, not necessary for landing under 14 CFR 135.183(b), so the operator must use another route or request a different clearance.

FlightPush Summary

The FAA said its July 5, 2011 finding that time spent under an obligation to answer the certificate holder's calls or messages is not rest applies to every rest period, not just 14 CFR 121.485. Rest under any section must be continuous, known in advance, and free from all restraint by the certificate holder.

FlightPush Summary

The FAA reaffirmed that "each interruption to a flight" in 14 CFR 121.705(a) means an interruption from takeoff to landing. Mechanical irregularities during flight time must be logged under 14 CFR 121.563, but only those that interrupt a flight belong in the monthly Mechanical Interruption Summary Report. Any expansion of reporting would be a question for possible rulemaking.

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An FAA safety investigator asked whether a Part 135 pilot serving only as second in command in a Learjet may substitute an instrument proficiency check for the annual competency check. The FAA said no: 14 CFR 135.297 applies only to pilots in command, so she needs an annual 14 CFR 135.293 competency check in the Learjet, while her Baron proficiency check can substitute for the Baron competency check.

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The NTSB forwarded an Israeli Ministry of Transport question on whether 14 CFR 121.359(f) requires crews to be able to preserve part of a cockpit voice recording mid-flight. The FAA said no: the rule allows continuous overwriting as long as the most recent 30 minutes, two hours after April 7, 2012, is retained.

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Western Air Express argued that 14 CFR 135.421 does not apply to cargo aircraft. The FAA disagreed: the rule applies to zero-seat cargo aircraft, the operator must follow the manufacturer's recommended time between overhaul documented in its operations specifications, and 14 CFR 43.10 does not apply to removed engines.

FlightPush Summary

For Mechanical Interruption Summary reports under 14 CFR 121.705(a), the FAA reads "each interruption to a flight" to mean the period from takeoff to landing, the same as "during flight." The FAA reached this by reading the phrase consistently with the rest of the paragraph, since no regulation defines it.

FlightPush Summary

A New Zealand law firm asked whether the FAA applies ICAO's pilot age limit to foreign air carriers. The FAA said pilots in command operating in or over U.S. territorial airspace must meet the Annex 1 standard, except in an emergency, but the FAA does not apply it in U.S.-controlled international airspace like the Oakland Oceanic FIR, and New Zealand's filed difference is notification only.

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A requester asked whether a Part 135 pilot trained in November 2002 was current in January 2004. The FAA said it depends: a test covering only company and general subjects does not complete the evaluation, and with full training in November 2002 the pilot may be current through January 2004 only if the base month is December.

FlightPush Summary

Part 135 pilots may use the Crane SmartStem wireless system to perform daily tire pressure checks as a preflight task if it is properly installed under an STC or other FAA approval. Reading pressures from a remote display is not preventive maintenance, unlike a manual gauge check, which is preventive maintenance that pilots may not perform on Part 135 aircraft.

FlightPush Summary

Under 14 CFR 119.53(e), a carrier substituting for another certificate holder must be authorized for the same kinds of operations, so a supplemental-only carrier cannot substitute under domestic or flag rules. The same rule allows substitution for a 14 CFR part 129 foreign air carrier, and a new kind of operation requires meeting its regulatory requirements, including proving tests.

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An FAA branch asked whether Jet Lynx LLC's Cessna CE-525s need cockpit voice recorders in part 135 service. The Chief Counsel's office said 14 CFR 135.151 turns on seating configuration and two-pilot certification, not weight, so these two-pilot-certificated airplanes need an approved CVR even when flown with one pilot and an autopilot.

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Seaborne Airlines asked whether the cockpit voice recorder rule in 14 CFR 121.359(i) applies to its turboprop DHC-6. The FAA said yes: the phrase "turbine engine-powered" covers any turbine-powered airplane, and the definitions in the windshear rule, 14 CFR 121.358(d), apply only to that section.

FlightPush Summary

An air carrier may place a President over separate maintenance and required inspection branches only if the President meets the Director of Maintenance qualifications in 14 CFR 119.71(e), because 14 CFR 135.423(c) requires the separation below the level of overall maintenance responsibility. The organizational chart in AC 120-16E is advisory, showing a typical acceptable structure; other structures could be acceptable.

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SC Aviation asked whether a pilot under 14 CFR 135.225(a) may use a higher surface visibility in a METAR's remarks when the body shows visibility below minimums. The FAA said no: consistent with its policy that the worst reported weather controls, the lower of the two values must be used to determine whether the approach may begin.

FlightPush Summary

Compass Airlines asked whether it may move passengers and their carry-on bags within the cabin after the doors close, based on weight distribution software. The FAA said yes: 14 CFR 121.589(b) requires stowage to be verified before the doors close, but afterward carry-on baggage may be moved within the cabin as long as all items are properly stowed again before takeoff.

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Ray, Wood & Bonilla asked how the aerial work exception applies to a multi-state pipeline survey. The FAA withdrew its January 2011 Lieber interpretation and said refueling and human-needs stops are allowed, but the survey passenger must be returned to the starting point, and the operator, as a commercial operator, would otherwise need a part 119 certificate.

FlightPush Summary

A Part 135 pilot may begin an instrument approach when the reported visibility meets the published minimum even if the reported ceiling is below decision height, as long as no operational requirement apart from the approach procedure imposes a ceiling limit. This interpretation takes precedence over a 1991 FAA interpretation of 14 CFR 135.225 that reached a different conclusion.

FlightPush Summary

ELAN Express, Inc., a Part 125 operator, asked whether its employees could be paid by it while flying for an unrelated Part 121 carrier. The FAA said yes on these facts, because the Part 121 carrier supplies the aircraft and keeps operational control. It cautioned that additional measures could indicate the companies are impermissibly interrelated under 14 CFR 125.11.

FlightPush Summary

An internal FAA memo addressed whether the flight deck hand fire extinguisher required by 14 CFR 121.309(c)(4) must be reachable from a pilot's seat. The Office of the Chief Counsel said no: placement is best handled through type certification, and an extinguisher on the flight deck, clearly marked with unobstructed access for the flight crew, meets the rule.

FlightPush Summary

The FAA's Air Transportation Division asked how far 14 CFR 121.583 relieves all-cargo operations of passenger rules. The Office of the Chief Counsel said it applies only to all-cargo operations and only to requirements pertaining to passengers, so flight deck admission rules in 14 CFR 121.547(a) still apply, while 14 CFR 121.285 and 14 CFR 121.291 are excused entirely.

FlightPush Summary

Flight Standards asked whether part 121 carriers may use text messaging such as ACARS instead of voice communication. The Office of the Chief Counsel said 14 CFR 121.99(a) allows it for non-ETOPS domestic and flag operations in normal conditions, and 14 CFR 121.99(c) allows it in ETOPS where voice is unavailable. But other rules still require voice for almost all part 121 flights.

FlightPush Summary

Answering an NTSB request, the FAA's Accident Investigation Division asked whether a liferaft is survival equipment and whether passengers must be briefed on its location. The FAA said a liferaft is survival equipment, so Part 135 passengers, and Part 121 passengers on flights without a flight attendant, must be briefed on its location. The briefing need not be given by the pilot in command.

FlightPush Summary

The Air Line Pilots Association asked about United Airlines repeatedly calling a reserve pilot during rest and threatening adverse action. The FAA said a carrier may call, and one contact does not interrupt rest, but any time the pilot is obligated to respond or expected to be telephone-available is not rest, including during compensatory rest.

FlightPush Summary

Flight Standards asked about competency and instrument proficiency checks for a Part 135 DHC-3 Otter pilot. The Office of the Chief Counsel said the competency check may be taken in the same class because a turboprop is not a turbojet, and the instrument proficiency check need include only approaches the pilot will be authorized to use, though an undemonstrated precision approach cannot be flown.

FlightPush Summary

McBreen & Kopko asked whether a part 135 certificate holder keeps operational control when an uncertificated company pays a yearly fee to run charters under its certificate. The FAA said it appears not: the other company controls scheduling, crews, and pay, an impermissible surrender of operational control under 14 CFR 135.77. Because the facts seemed real, the FAA referred the matter for review and investigation.

FlightPush Summary

A Part 135 operator must follow a published takeoff minimum when it is more restrictive than the minimums in operations specifications C057 or H106. Those paragraphs, and the standard minimums in 14 CFR 91.175, apply only when no takeoff minimum is published for the airport under 14 CFR part 97.

FlightPush Summary

Frontier Flying Service asked whether IFR flights may land using the reduced VFR visibility minimums of 14 CFR 121.649(b) and which airspace that rule covers. The FAA said an IFR flight may do so only if it meets all conditions of OpSpec C077(b), otherwise 14 CFR 121.651 governs, and that 14 CFR 121.649 applies to domestic VFR takeoffs and landings regardless of airspace class, with a narrow exception.

FlightPush Summary

Under 14 CFR 135.223(b), whether a pilot applies the circling-based ceiling in 14 CFR 135.223(b)(1) or the alternative in 14 CFR 135.223(b)(2) depends on whether a circling instrument approach is authorized at the first airport of intended landing, not on whether the Part 135 operator allows circling. Circling minima matter because they account for obstacles around the whole airport.

FlightPush Summary

Paramount Jet, a Part 125 operator, asked whether it could carry cargo under U.S. and foreign government contracts using a leased C-130. The FAA said such contracts may be private carriage if Paramount does not hold out to the public and has few contracts, and a C-130 may be added unless its airworthiness certificate is restricted or otherwise barred. Some foreign authorities do not recognize Part 125 certificates.

FlightPush Summary

The NNSA asked whether a 2003 FAA interpretation requires it to hold a Part 121 or 135 certificate when flying its own Boeing 737s as civil aircraft. The FAA said no for civil flights not in air commerce; it may operate under a Part 125 LODA if it qualifies. Public aircraft operations may not have a commercial purpose, and a flight carrying persons other than qualified non-crewmembers is civil.

FlightPush Summary

An individual asked whether airlines must fix MEL-deferred items at the earliest opportunity and what pilots and FAA offices must do about them. The FAA said the MMEL preamble's "earliest opportunity" is advisory: repairs are required only within the MEL's time-to-repair limit, though sooner is better. An aircraft with a properly deferred item that is otherwise in condition for safe operation is airworthy.

FlightPush Summary

US Airways asked whether a flag flight from Rio de Janeiro that stopped in Miami to clear customs could continue to Charlotte under flag rules. The FAA agreed it could if no new passengers or cargo were enplaned, but declined to say whether the full sequence met subpart R limits because the facts about the delay were insufficient.

FlightPush Summary

Capital Cargo International Airlines asked whether it may use Exemption No. 3585, which allows IFR dispatch despite conditional below-minimum forecast language. The FAA said it appears eligible as a part 121 operator subject to the exempted rules, if it meets the exemption's other conditions; the exemption may be used only with National Weather Service forecasts and not outside the United States unless specifically approved.

FlightPush Summary

Pentastar may fly part 380 public charters in a 30-seat SAAB 340 as part 135 on-demand operations if the departure time and locations are negotiated with the public charter operator, up to four round trips weekly. It must also follow DOT rules on handling consumer money; more frequent service needs DOT commuter air carrier authorization.

FlightPush Summary

Premier Jet, LLC asked whether a client's on-demand flights could be arranged through a travel-club broker. The FAA said member-requested flights are on-demand operations under 14 CFR part 135, but advertising open seats makes them scheduled operations requiring 14 CFR part 121 certification for these airplanes. It also warned the broker appears to be an indirect air carrier, which may be unlawful under DOT regulations.

FlightPush Summary

An operator conducting part 91 commercial air tours over a national park under the 14 CFR 136.37(g) exception cannot escape the five-flights-per-30-days limit just by obtaining a letter of agreement from the FAA and the park superintendent. Flying without that limit requires a 14 CFR part 119 certificate permitting 14 CFR part 135 operations and FAA interim operating authority.

FlightPush Summary

Whether a part 125 LODA holder's carriage is within the scope of and incidental to its business depends on the facts: carrying a contracted engine supplier's staff appears to qualify, while unrelated passengers may fly only as guests with no charge. Operating limitations imposed on one operator for holding out are not applied to all part 125 operators.

FlightPush Summary

The FAA's Air Transportation Division asked what a record of en route radio contact under 14 CFR 121.711 must contain. The Chief Counsel's office said time of day and flight number alone are insufficient; at a minimum, the record must show the time and date, approximate aircraft position, registration number, flight call sign, and a narrative of the conversation.

FlightPush Summary

Federico Helicopters, a seasonal Part 135 operator, asked whether long off-season breaks force it to surrender its certificate or keep a full-time pilot. The FAA said no to both, provided the operator notifies the FAA before resuming under 14 CFR 119.63 and is available for inspection, and reports any personnel change before resuming.

FlightPush Summary

Boeing asked whether "required by the operating rules of this chapter" in 14 CFR 25.1457 and 14 CFR 25.1459 means N-registered airplanes only. The FAA said applicability starts with the operating rule: when one requires a flight recorder, the 14 CFR part 25 installation requirements apply. Most operating rules cover only U.S.-registered airplanes, and 14 CFR 129.20 applies to the U.S.-registered aircraft described in 14 CFR 129.1(b).

FlightPush Summary

Whether a part 135 employee involved in releasing flights must be drug and alcohol tested under 14 CFR part 120 depends on the duties. Employees who share operational control are covered, but weight and balance work alone is not. Supervisors are covered only if they perform safety-sensitive functions, so a Chief Pilot handling only recordkeeping and management is not.

FlightPush Summary

American Airlines asked whether it must carry its maintenance manual aboard during supplemental operations when the manual is available on a web portal at its stations. The FAA said no, under 14 CFR 121.139(b), if all scheduled maintenance can be performed at those stations and each has backup procedures for portal outages. The exception applies only to the maintenance part of the manual.

FlightPush Summary

An FAA Flight Standards office asked how quickly a dispatcher must be able to reach an en route aircraft under 14 CFR 121.99. The FAA declined to apply a strict less-than-four-minute rule and said communications within four to five minutes generally meet the "reliable and rapid communications" requirement for normal operating conditions.

FlightPush Summary

Pratt & Whitney asked how the one-day-off-in-seven rule of 14 CFR 121.377 applies to its repair station staff. The FAA said any work for the employer, or responsibility for it, counts as duty; off-duty work elsewhere does not affect Pratt's compliance; and the monthly "equivalent" flexibility does not allow 48 straight duty days between four-day breaks, or splitting the 24 hours.

FlightPush Summary

A requester asked whether pilots in a Part 135 call-out rotation are resting while waiting. The FAA said that if a pilot must accept an assignment when called, the duty to keep operations advised of his status is a restraint, so the time is not rest; each assignment needs 10 consecutive hours of rest in the preceding 24 hours.