SUMMARY:
On Tuesday, Oct. 15, the Federal Aviation Administration responded to a request by the Aircraft Electronics Association and 15 other industry organizations by suspending a recently released legal interpretation that reversed years of well-established policy and contravened recognized legal precedent to require certificated individuals to be physically present while supervising others.
According to the FAA's response, "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 Sept. 3 legal interpretation was issued by the FAA in response to a request from Little Rock FSDO Manager Jonathan Moss. In it, the FAA Office of Chief Counsel distinguished physical presence from “mere virtual or remote” oversight as the determining “in person” standard.
“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," stated an Oct. 10 industry letter to the FAA.
The AEA and various industry groups will follow-up on the FAA's request for further discussion of the now-suspended legal interpretation.
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.