Legal Opinion Faced Severe Headwinds From Industry

On October 15 the FAA placed on hold its legal interpretation that had upended decades of well-established policy and reversed recognized legal precedent to require certificated individuals to be physically present while supervising other personnel.

The FAA response read, in part, "This letter is to inform you that the FAA is issuing a stay of the Legal Interpretation of 14 CFR § 43.3(d) dated September 3, 2024, while the agency reviews its policies and regulatory options. This stay does not represent a conclusion on the contents of that interpretation and will be effective until such time as the agency issues new or supplemental guidance."

The legal interpretation referred to in the letter was issued in response to an inquiry from Jonathan Moss, a FSDO Manager in Little Rock, Arkansas. The interpretation was issued by the FAA Office of Chief Counsel, who wrote that the physical presence of a supervisor was required, as distinguished from “mere virtual or remote” oversight, to comply with the ‘in person’ standard.

A letter sent October 10 to the FAA from industry groups stated, “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 Aircraft Electronics Association, along with other industry groups, plan to follow up on the FAA’s request for further discussions surrounding the now-suspended legal interpretation.

FMI:  aea.net/