While many of the regulations that govern our actions are clear, there are a large number that may seem vague or even leave room for unintended interpretations. For these reasons, it is possible to seek official and binding interpretations from FAAs legal department, either through a direct request or possibly more onerous encounters with the regulations.
FAA legal interpretations clarify ambiguous regulations, such as those concerning fuel requirements (91.167), takeoff and landing (91.175), and communication failures (91.185), often emphasizing the pilot-in-command's ultimate responsibility.
Regarding fuel (91.167), pilots must calculate sufficient fuel for an approach and missed approach at the destination, a flight to the alternate, and a 45-minute reserve, using accurate and verifiable consumption data; "minimum fuel" is not an emergency, but low fuel leading to careless operation can be a 91.13 violation.
For takeoff and landing (91.175), interpretations stress pilot responsibility for meeting weather minimums despite ATC clearances and confirm flight visibility, not RVR, as the controlling factor for continuing an approach below published minimums.
In communication failures (91.185), the regulation supersedes STARs and crossing restrictions, and pilots must adhere to specific holding procedures at the clearance limit if arriving early without an Expect Further Clearance (EFC) time.
While many of the regulations that govern our actions are clear, there are a large number that may seem vague or even leave room for unintended interpretations. For these reasons, it is possible to seek official and binding interpretations from FAA’s legal department, either through a direct request or possibly more onerous encounters with the regulations.
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