Legal Interpretations

FlightPush Summary

Hillsborough County Mosquito Management Services, a county public aircraft operator, asked whether FEMA reimbursement for post-storm disaster response flights fits the public aircraft statute's commercial purpose exception. The FAA determined that such reimbursement to another government entity could fall under that exception, provided the statutory criteria are met.

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Frigid Air LLC asked whether reporting drug and alcohol information to the Pilot Records Database (PRD) under 14 CFR 111.220 satisfies 49 CFR 40.25. The FAA said no: PRD reporting covers only violation and return-to-duty information, not the actual records, and PRD information will not satisfy 49 CFR part 40. The reporting still serves to give a complete picture of a pilot's drug and alcohol history.

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A September 2024 FAA interpretation concluded that the “in person” wording of 14 CFR 43.3(d) requires a supervising mechanic to be physically present, so remote supervision by video is not allowed; it did not reach electronic return-to-service documentation. In October 2024 the FAA stayed that interpretation while it reviews its policies and regulatory options.

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A requester asked whether 14 CFR 121.631(f) was meant to give more flexibility for en route release amendments. The FAA said the regulatory history does not show its intent, so the plain text governs: the new airport must be authorized for the aircraft type and meet the cited requirements, which include 14 CFR 121.631(a).

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Ordnance & Energetics Consulting LLC asked whether its guided munitions resembling unmanned aircraft are aircraft. The FAA said they meet the 14 CFR 1.1 definitions of aircraft and unmanned aircraft, intent is not part of those definitions, and it cannot interpret "munition." Civil rules generally apply unless operations qualify as public aircraft operations, and warhead-carrying flights need authorization under Section 363 of the FAA Reauthorization Act of 2018.

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Commercial space operators must give FAA inspectors access to any communications network channel they use during a licensed launch or reentry activity, not just those listed in their communications plan. The plan may guide inspectors but is not an exhaustive list, and refusing access to a requested channel may lead to enforcement.

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The FAA's Flight Standards Service asked about part 135 operators lacking exclusive use of an aircraft make and model needed for an AAIP under 14 CFR 135.419(a). The Chief Counsel's office said they use the 14 CFR 135.411 and 14 CFR 91.409 options, may seek approval of their own program under 14 CFR 91.409(f)(4) for aircraft covered by 14 CFR 91.409(e), and risk withdrawal of an existing AAIP.

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The FAA concluded that 14 CFR 91.409(f)(3), which lets an owner or operator use a current inspection program recommended by the manufacturer, is not limited to type-certificated aircraft. The manufacturer is whoever fabricated and assembled the major portion of the aircraft, and the facts did not show that a foreign military that previously owned KC-135R airplanes met that test.

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The FAA clarified its 2016 Fiust interpretation, which said AV-8B Harrier (powered-lift) PIC time cannot count toward an airplane ATP. That interpretation remains accurate, but a 2022 rule, 14 CFR 61.159(a)(5)(ii), now lets military pilots credit 250 hours of powered-lift time flown in horizontal flight. Without a specific exception, powered-lift time still does not count.

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Rupprecht Law asked whether drone transport of organs or blood beyond visual line of sight could get a 14 CFR 107.31 waiver. The FAA agreed waivers are possible if the operator truly owns the cargo or carries it without compensation or holding out, but warned that it rejects sham ownership, construes compensation broadly, and would need more facts on a specific operation.

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A custom launch vehicle component maker is a contractor or subcontractor under 14 CFR 440.3 and likely involved in launch services, but whether it must sign a 14 CFR part 440 reciprocal waiver turns largely on whether it could bring a claim against other participants. The FAA leaves that call to the licensee and manufacturer, and a licensee that fails to flow down the waiver properly risks bearing indemnification.

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A mechanic or repairman supervising another person's work under 14 CFR 43.3(d) must be physically present; live video, photographs, or other remote means do not satisfy the 'readily available, in person' requirement. The FAA did not reach the question of documenting return to service electronically.

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The Soaring Society of America asked why Class A airspace deviation requests must now be coordinated with the local FSDO. The FAA said it has broad authority to set internal coordination procedures, and after a 2020 safety review it requires both the FSDO and the ATC facility to consider any waiver or deviation request under 14 CFR 91.135.

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In 1995 the FAA said a flight instructor needed a third-class medical certificate only when acting as pilot in command or a required flight crewmember, whether or not paid. That interpretation was rescinded as of July 23, 2023, because 14 CFR 61.23 was amended in 1997 to clarify when a flight instructor must hold a medical certificate or driver's license, and it may not be relied upon for any purpose.

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The FAA rescinded its 2006 Kortokrax interpretation, which had said a flight instructor who had not met the night takeoff and landing experience in 14 CFR 61.57(b) could still accompany a pilot without being a passenger. A 2024 memorandum confirms the rescission took effect July 23, 2023, and the interpretation may no longer be relied on.

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A 2007 FAA interpretation let an instructor who was not night current fly at night with a student pilot because the two are not passengers to each other. The FAA rescinded that interpretation as of July 23, 2023, finding it unsupported by current regulations, so it may no longer be relied upon.

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In 2014 the FAA said a flight instructor with an expired medical could instruct a private pilot not current to carry passengers under 14 CFR 61.57(a). A 2024 memorandum records that the FAA rescinded that Schaffner interpretation as of July 23, 2023, because it rested on the unsupported conclusion that an instructor and trainee are not passengers to one another, so it may not be relied upon.

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Island Air Express asked whether an employee may occupy a pilot seat without meeting 14 CFR 135.113. The FAA said that rule is a passenger-carrying requirement for aircraft with more than eight passenger seats, so it does not apply when only persons listed in 14 CFR 135.85 are aboard, but it does apply when anyone else is aboard.

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Vast Space asked whether its Haven-1 space station would be a reentry vehicle needing an FAA reentry license. The FAA said no: a reentry vehicle must be designed to return substantially intact, and Haven-1, lacking a heat shield, parachutes, or locator beacon, is not designed to do so. The likely survival of some damaged parts does not make it a reentry vehicle or make its return purposeful.

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A Part 135 certificate holder seeking an Approved Aircraft Inspection Program (AAIP) for a make and model under 14 CFR 135.419(a) must have exclusive use of at least one aircraft of that same make and model. Exclusive use of a different make and model does not count, and the FAA confirmed its Order 8900.1 guidance saying so is correct.

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FAA counsel concluded that 14 CFR part 43 does not apply to maintenance of cargo unit load devices (ULDs) unless a ULD is included in the aircraft's type design, which most aircraft do not do. TSO-C90 approval alone does not change that, though a type-design cargo loading system that restrains ULDs is subject to 14 CFR part 43.

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To obtain an approved aircraft inspection program for a make and model under 14 CFR 135.419(a), a part 135 certificate holder must have exclusive use of at least one aircraft of that make and model. Other aircraft of the same model may be shared, but exclusive use of a different model, such as a Caravan for a King Air program, does not count.

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Flight Standards asked whether 14 CFR 121.99 requires two voice communication systems for ETOPS up to 180 minutes. The FAA's counsel said yes where voice facilities are available, since the rule requires independent dispatch communications and voice for ETOPS, with non-voice systems only as a substitute when voice is unavailable. Satellite or HF voice qualifies, and dispatch and ATC communications need not be simultaneous.

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ARSA questioned the FAA's authority to issue an airworthiness directive on Survitec life preservers, asking whether they meet the 14 CFR 1.1 definition of an appliance. The FAA said a life preserver's assurance is used to ensure safe operation of aircraft in flight, as operating and design rules reflect, and that its general statutory safety authority applies regardless; it has issued many ADs on such equipment.

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Flight Standards asked what exclusive use 14 CFR 135.419(a) requires for an approved aircraft inspection program. The Office of the Chief Counsel said the certificate holder must have exclusive use of at least one aircraft of each make and model covered by the program; exclusive use of a different model does not count. The FAA Order 8900.1 guidance saying so is correct.

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The FAA said a repair station should not hold a limited rating under 14 CFR 145.61 that duplicates and conflicts with its class rating under 14 CFR 145.59, because the two are designed to be mutually exclusive. The FAA should deny such limited ratings unless the class rating is surrendered, and stations already holding both should be asked to give one up.

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Grant Aviation asked whether a check airman not conducting an en route check may sit in a Cessna Caravan's second pilot seat with nine passengers aboard. The FAA said yes: 14 CFR 135.113 does not require such qualified occupants to be actively engaged in their duties, addressing a misunderstanding that its 2015 Bernier-Winner interpretation and related guidance may have caused.

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The American Mosquito Control Association asked whether releasing live mosquitoes from aircraft to reduce mosquito populations is an agricultural aircraft operation. The FAA said no: 14 CFR 137.3 excludes dispensing live insects, and live insects are not an economic poison or other substance under the definition. Such releases may instead be permitted through relief such as a waiver from part 91 provisions.

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The Southwest Airlines Pilots Association asked how notice, rest resets, and reserve rules work when a carrier moves a pilot's flight duty period report time during a 14 CFR 117.25(e) rest period. The FAA did not answer directly; it said its 2013 Clarification of Flight, Duty, and Rest Requirements, especially the section on adjusting FDP start time, should fully address the questions.

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A repair station should not be issued a limited rating for an article its class rating already covers. Where both exist, the FAA recommends removing one by amending the certificate, and if a station that no longer qualifies will not surrender a rating voluntarily, enforcement action may be necessary.

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The FAA Chief Counsel clarified that whether a government-owned aircraft flight is a public aircraft operation turns on whether it is for a commercial purpose and whether anyone besides crewmembers or qualified non-crewmembers is aboard. "Governmental function" matters only for deciding whether a non-crewmember is qualified, so earlier governmental-function analysis no longer applies to unmanned or crew-only flights, except Armed Forces aircraft.

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The FAA's Chief Counsel rescinded the 2008 Glaser and 2012 Pratte interpretations of the instrument rating cross-country requirement in 14 CFR 61.65(d)(2)(ii)(C). The rule requires three different kinds of approaches, not three different navigation systems; precision approach radar counts as a navigation system, and Flight Standards should determine whether airport surveillance radar does.

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Louisville Aviation asked whether the 5 hours of instrument training required for a commercial helicopter certificate under 14 CFR 61.129(c)(3)(i) can be done outside a helicopter. The FAA said no: only training in a helicopter or in a simulator or training device that replicates a helicopter counts, and it rescinded its 2011 Theriault interpretation, which had said otherwise.

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Island Tyme asked whether an instructor qualified in the Beech 18 could instruct in its Piper Aztec because both are multiengine land airplanes. The FAA said no: a flight instructor in a 14 CFR part 135 training program must meet the 14 CFR 135.338(b) qualification requirements with respect to the Aztec, and it withdrew the earlier Sutch and Mirkin interpretations.

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Yodice Associates asked whether Florida's heliport site-approval rule, which requires signed traffic-pattern agreements with airports within three miles, is preempted. The FAA said yes: regulating the safety of air traffic patterns and aircraft operations is a federal field, and state police power does not reach aircraft operations, though land use controls that do not affect aircraft operations remain available.

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A manufacturer's recommended TBO in an engine maintenance manual is not mandatory for a 14 CFR part 91 operator. It becomes mandatory only if it is in the FAA-approved Airworthiness Limitations section or required by an Airworthiness Directive or other FAA regulation.

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An individual asked whether the operating conditions in 14 CFR 91.225(e)(1) and (e)(2) limit aircraft without electrical systems in Class E airspace at and above 10,000 feet MSL under 14 CFR 91.225(d)(4). The FAA agreed they do not, because those conditions address different airspace. These aircraft still need ADS-B Out in Class B and C airspace and above those areas within their lateral boundaries under 14 CFR 91.225(d)(1) and (d)(3).

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When the only designated PIC on an augmented flight becomes too fatigued to safely continue to the destination, the PIC must declare an emergency and land at the nearest suitable location, because 14 CFR 117.5(c) requires the certificate holder to immediately end that PIC's flight duty period. Assigning more than one PIC before takeoff is one option the FAA said would let such a flight continue.

FlightPush Summary

A Part 135 chief pilot may keep the position with only a third-class medical certificate. 14 CFR 119.71 requires an ATP or commercial pilot certificate with appropriate ratings, qualification as PIC in at least one aircraft used in the operation, and satisfactory experience, but does not require that the chief pilot be permitted to serve as PIC in 14 CFR part 135 operations.

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Ground Based Space Matters, on behalf of Virgin Galactic, asked the FAA to treat WhiteKnightTwo's post-separation training maneuvers as part of a Title 51 launch. The FAA declined, holding those maneuvers are aviation activities under Title 49, but concluded that launch ends when WK2 impacts Earth, letting it continue under Title 49 without coming to a complete stop.

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West Coast Aviation Services asked whether a pilot who flew single-pilot flights could then use the 10-hour two-pilot limit for a later two-pilot flight. The FAA said no: having missed the fatigue-mitigating benefit of a two-pilot crew earlier, the pilot remains under the one-pilot limit of eight hours in 24 consecutive hours under 14 CFR 135.267(b)(1).

FlightPush Summary

JetBlue Airways Corporation asked whether pilots who commute on its flights are on duty when expected to help with five to ten minutes of light cleaning. The FAA said de minimis cleaning required during voluntary commuting is not duty under 14 CFR part 117, but required activities that significantly contribute to fatigue, such as baggage handling or strenuous cleaning, could be.

FlightPush Summary

The FAA's commercial space office asked whether Virgin Galactic's launch license could cover extra WhiteKnightTwo flying after a SpaceShipTwo mission. The FAA's Office of the Chief Counsel said the return approach appears licensable under Title 51, but touch and goes and additional landings and takeoffs after the aircraft could have landed and been returned to a safe condition are difficult to treat as launch activity.

FlightPush Summary

Williams International Air, Inc. asked how 14 CFR 91.511(d) applies to a part 91 flight from New York to London needing HF radio over the North Atlantic. The FAA said the "route" is the entire route, one HF transmitter and one HF receiver suffice when the airplane has two VHF transmitters and receivers, and the rule sets no geographic limit.

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A Hawaiian Airlines pilot asked which part 117 limits apply when an unaugmented assignment becomes an augmented one after the flight duty period starts but before any flight. The FAA said it is not a mixed operation: Table A flight time limits do not apply and Table C augmented FDP limits do, but FDP time already accrued counts toward that pilot's individual limit.

FlightPush Summary

A requester asked whether 14 CFR 121.523(c) depends on flight time or duty time for a supplemental cargo crew on duty 30 hours. The FAA said duty time: any crewmember on continuous duty over 24 hours needs 16 hours of rest, regardless of flight time, and it reversed a conflicting 2015 footnote.

FlightPush Summary

Of the 40 hours required for a private pilot airplane single-engine rating, the 20 hours of training from an authorized instructor must be in a single-engine airplane and cover the 14 CFR 61.107(b)(1) areas of operation, including the training in 14 CFR 61.109(a)(1) through (4). The 10 hours of solo must include the solo time in 14 CFR 61.109(a)(5).

FlightPush Summary

Once an airman's special issuance medical certificate expires and no new one is being sought, the FAA has no basis to withdraw the still-unexpired Authorization for failing to provide medical information, because that information is no longer reasonably needed under 14 CFR 67.401(f)(4). The question matters for BasicMed eligibility, though BasicMed pilots may still be asked for information under 14 CFR part 68.