SUMMARY:
On Thursday, Oct. 10, the Aircraft Electronics Association and 15 other aviation industry groups asked that the Federal Aviation Administration's legal interpretation answering questions from Little Rock Flight Standards District Office Manager Jonathan Moss on Sept. 3, 2024, regarding § 43.3(d) and the meaning of the requirement for a repairman supervisor to be “in person” (the Moss interpretation) be suspended until a meeting with the undersigned can be arranged and the discrepancies can be resolved.
In a joint letter initiated by ARSA and AEA to Laura J. Megan-Posch, FAA assistant chief counsel for regulations, the letter 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 industry response also stated that "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."
To read the industry's response to the FAA in its entirety, click here.
FOR MORE INFORMATION:
Contact Ric Peri, AEA vice president of government and industry affairs, by email at ricp@aea.net or by phone at 202-589-1144.