AEA And ARSA Request Meeting To Discuss and Vet  Language In FAR 43.3(d)

The Aircraft Electronics Association (AEA), the Aeronautical Repair Station Association (ARSA), and other aviation industry groups have requested a suspension of the FAA’s interpretation of the requirement for a maintenance supervisor to be “in-person” until a meeting can be arranged to resolve the discrepancies in the ruling.

The legal interpretation was issued in response to a question from Little Rock Flight Standards District Office Manager Jonathan Moss. He had asked for clarification of the agency’s meaning of the term “in person.”

In a joint letter to Laura J. Megan-Posch, FAA Assistant Chief Counsel for regulations, the groups stated, in part:

"Although the above referenced legal interpretation was directed at the obligation of mechanic or repairman certificate holders when supervising maintenance activities, its application to the term 'in person' has had an immediate detrimental impact on all persons subject to 14 CFR, and the agency that oversees or enforces those regulations.”

"The interpretation goes beyond the simple questions asked and is replete with errors and inconsistencies. Most troubling is the fact that the case cited to support the memorandum had nothing to do with § 43.3(d). While the agency attempted to claim § 43.3(d) was violated, the court disagreed and dismissed the charge. In addition, the interpretation’s conclusion is contrary to the plain language of the regulation at issue and numerous agency policies regarding use of remote technology."

The letter goes on to request an in-person meeting:

“Since the Office of Chief Counsel’s memorandum does not evaluate all applicable requirements in part 43 and is not based upon facts, we believe the best course of action is to suspend the opinion until the issues can be fully vetted. We request an in-person meeting by remote technology or on your premises at your earliest convenience."

Nothing like using their own confusing language to help clarify the situation. Gotta love it.

FMI:  aea.net/