Obtaining an FAA Interpretation
07-18-2016, 12:25 PM
#1
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Obtaining an FAA Interpretation
I'm interested in getting a statement from the FAA about a topic and wanted to know if anyone knows how I could go about doing that. Do I just write a letter to the FSDO and wait or is there a more formal process?
07-18-2016, 12:49 PM
#2
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Regulations Division ? Legal Interpretations & Chief Counsel's Opinions
Office of The Chief Counsel ? Contacts
Not the FSDO. Be very detailed in your question.
Office of The Chief Counsel ? Contacts
Not the FSDO. Be very detailed in your question.
07-18-2016, 07:00 PM
#3
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Posts: 6,023
Originally Posted by 2StgTurbine
I'm interested in getting a statement from the FAA about a topic and wanted to know if anyone knows how I could go about doing that. Do I just write a letter to the FSDO and wait or is there a more formal process?
The FSDO cannot provide an interpretation of the regulation. The FSDO level is not authorized to interpret the regulation. Any "interpretation" or opinion obtained at the FSDO level carries no validity, and is not defensible. There will never come a time when you can defend yourself by saying "but the FSDO told me..." even if you get it in writing.
The FAA Chief and Regional Legal Counsel provide interpretations. You need to contact the FAA Chief Legal Counsel.
07-18-2016, 07:46 PM
#4
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You "could" start by submitting a written request for Legal Interpretation to your nearest FSDO. There is an internal process for elevation to AGC (Headquarters Legal Counsel) through the respective Regional office. This is all done internally via Memo. This could take some time (several months). As others have aleady suggested, you can also send your request direct to FAA HQ Legal Counsel.
Recommend you be as specific as possible. Cite the exact rule, subpart, etc. and include as much "hypothetical" scenario details you are able to povide.
Recommend you be as specific as possible. Cite the exact rule, subpart, etc. and include as much "hypothetical" scenario details you are able to povide.
07-18-2016, 09:38 PM
#5
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Originally Posted by PerfInit
You "could" start by submitting a written request for Legal Interpretation to your nearest FSDO. There is an internal process for elevation to AGC (Headquarters Legal Counsel) through the respective Regional office. This is all done internally via Memo. This could take some time (several months). As others have aleady suggested, you can also send your request direct to FAA HQ Legal Counsel.
Recommend you be as specific as possible. Cite the exact rule, subpart, etc. and include as much "hypothetical" scenario details you are able to povide.
Recommend you be as specific as possible. Cite the exact rule, subpart, etc. and include as much "hypothetical" scenario details you are able to povide.
07-19-2016, 02:18 PM
#6
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Posts: 6,023
It boggles the mind that no matter how often it's said, there are always those that want to bang their head against the wall, go the wrong route, and try to short cut the process.
You might as well go look in a fortune cookie for your answer. Not much different than the other methods advised here.
There's a place to go and a means to do it. You can try to get your answer elsewhere, but it won't carry the weight, be defensible, or be given with authority
By all means, though, someone advise the original poster to go to the FSDO, one more time.
You might as well go look in a fortune cookie for your answer. Not much different than the other methods advised here.
There's a place to go and a means to do it. You can try to get your answer elsewhere, but it won't carry the weight, be defensible, or be given with authority
By all means, though, someone advise the original poster to go to the FSDO, one more time.
09-23-2016, 11:18 AM
#8
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Position: JAFO- First Observer
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Follow the chain of command (bureaucracy).... If one tries to bypass their FSDO and go directly to Region or HQ, the normal response will be- "Did you run this through your FSDO first?". If the answer is No, then the RO or HQ will refer you back to the starting point, which is the FSDO.
09-24-2016, 09:39 AM
#10
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Position: FAA 'Flight Check'
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Originally Posted by Lucky8888
Oh, you mean none of the 80 independently owned and operated FSDOs
Don't come down on the FSDOs to hard until you've had to deal with the crap they have to deal with on a daily basis.
Other than that - follow the procedures (sort of like flying) and the results can often be surprisingly good.
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