Oct. 28, 2024

Recently, the FAA’s Office of Chief Counsel issued a stay of its legal interpretation regarding “in-person” maintenance supervision stating the interpretation was a sharp departure from previous applications and case law regarding that regulation.

The agency added, “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 stay follows a letter from the NBAA and other associations requesting the interpretation be suspended. The aviation groups cited “immediate detrimental impact on all persons subject to 14 CFR” and requested the interpretation be suspended.

“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 explained. “The regulatory section at issue clearly states that the supervision need only be to the extent necessary to ensure the work is performed properly. Further, the supervisor need only be readily available for consultation; there is no requirement that the certificated mechanic or repairman do the work for the non-certificated person. The interpretation goes well beyond the simple language in the rule.”

The associations added that allowing remote supervision creates no safety risk, as any mistake made by the repairman can be rectified before the aircraft is approved for return to service.

“If a person needs supervision, the oversight takes place as ‘necessary to ensure that it is being done properly.’ No matter the methodology or timing, if the supervisor can ‘personally observe the work’, the expectation of the regulation is fulfilled. If the supervisor cannot determine the work was performed correctly, an approval for return to service cannot be issued under § 43.96 until on premises technical management is provided,” the letter said.

Read the full letter.

In addition to NBAA, associations requesting the extension were the Aeronautical Repair Station Association, Aerospace Industries Association, Aircraft Electronics Association, Aircraft Owners and Pilots Association, Aviation Suppliers Association, Aviation Technician Education Council, Cargo Airline Association, Commemorative Air Force, Experimental Aircraft Association, General Aviation Manufacturers Association, International Air Transport Association, Modification and Replacement Parts Association, National Air Carrier Association, National Air Transportation Association and Regional Airline Association.