By popular demand, ARSA now has Legal Briefs Compendium, Part 2, from 2005-2007 issues of the hotline to answer more of your questions such as:

• EASA Repair Data
• The New Drug & Testing Rule
• Going Paperless
• And more!

Click here to order the Legal Briefs Compendium, Part 2

Click here for information on the original Legal Briefs Compendium

Find it fast

The Compendium is a PDF file for use with the free Adobe Reader or compatible software. This feature allows you to skip to specific articles that address your needs. Additionally, you can:

1. Check the detailed summaries for each article (available below).

2. Search the entire 95-page book in seconds. Type a word and get search results in every article in which the word appears. (This feature is available in recent versions of the free Adobe Reader.)

Licensed to your physical location

Price: Members $150.00 / Non-Members $300.00

Purchase the Compendium and make as many print or electronic copies as you need for use within your physical location. ARSA individually licenses the Compendium to each location.

Legal Briefs Compendium articles are educational tools

The articles do not constitute legal advice; such advice can only be rendered based on an attorney-client relationship and the facts and circumstances of a particular case.

The Compendium offers practical know-how to help you stay on the right side of the law when dealing with issues. See for yourself...the Compendium contains full texts of the articles summarized below.

Copyright Information

The Legal Briefs Compendium, Part 2 is the property of the Aeronautical Repair Station Association. Unauthorized reproduction and/or distribution of this material is an infringement of ARSA's copyright.

The material is licensed to the purchaser's physical location. A transmittal page containing the license accompanies each set of material.

Click here to order the Legal Briefs Compendium, Part 2

All Article Summaries from the Legal Briefs Compendium 2005-2007

2005

January 2005
The New World of Contracting: The Business of Regulation
A General Terms Agreement (GTA) usually covers the commercial aspects of a business relationship and is a good vehicle to address important aspects of the interaction between operators and their maintenance providers. This article reviews important topics to cover in a GTA including definitions and how to deal with life limited parts.

February 2005
The New World of Contracting: The Business of Regulation II
General Terms Agreements (GTA’s) should document how the operator and maintenance provider will handle important issues during the contract. This article reviews how GTA’s should differ depending on the type of work performed. Contracts for substantial maintenance, line maintenance, component maintenance or specialized services should cover the specific information needed in each kind of maintenance relationship.

March 2005
The New World of Contracting: Revisiting Audits
Repair stations are subject to audits from a long list of entities. Although the quantity of audits does not guarantee quality the responsibility for regulatory compliance ultimately rests on the repair station. The FAA is focusing more on system safety during audits and now teaches this approach to FAA inspectors in Oklahoma City.

April 2005
The New World of Contracting: Auditing Substantial Maintenance Providers
Air carriers will no longer be able to rely exclusively on the Coordinating Agency for Supplier Evaluation (C.A.S.E.) to fulfill their Continuous Analysis and Surveillance audit obligations under 14 CFR Parts 121 and 135. Carriers must now conduct their own regular audits of “substantial maintenance providers.”

May 2005
The New World of Contracting: Auditing Non-Substantial Maintenance Providers
We conclude our series on maintenance contracting by examining the process for auditing component repair stations, entities performing specialized services, and facilities performing line maintenance. Audits of specialized service providers may not be as extensive as those of component repair stations because the specialized nature of the work generally requires a more targeted audit. Audits of line maintenance providers will share many of the same attributes as audits performed on substantial airframe maintenance providers with some unique issues.

June 2005
In Accordance with What?
“In accordance with” (IAW) is one of the most common abbreviations used in maintenance records. If you use “IAW” be sure to include the exact guidance referenced in the repair. If not, make additional notes of any deviations from that authority. Careful attention to this entry may avoid an intentional falsification charge.

July 2005
Records: Proof of Compliance
Section 43.9 is one of the primary means by which your customer and the aviation authorities evaluate the airworthiness of articles installed on type certificated products. This article analyzes who this regulation applies to, how to meet the requirements for describing work accomplished, important tips for tracking dates of work, what names need to be recorded, who needs to sign the maintenance record, and what records need to be retained and for how long.

August 2005
Lost in Translation
This article addresses when repair station maintenance records under the jurisdiction of the Federal Aviation Administration (FAA) must be prepared in the English language. For U.S. and non-EU FAA-certificated repair stations, §§ 145.219(a) and 43.9(a) require the description of work performed or reference to data acceptable to the Administrator be in English. Repair stations located in the EU are subject to similar requirements based on EASA Part 145 and the Maintenance Implementation Procedures (MIP) between the FAA and certain EU members.

September 2005
Scrubs
This article tells the tale of ARSA’s Managing Director & General Counsel becoming desperately ill on a trans-Atlantic flight. While the CFRs can be frustrating and burdensome, the FAA rules requiring certain onboard medicine and medical equipment saved this traveler. In addition to the regulations requiring equipment and medicine, the Aviation Medical Assistance Act of 1998, P.L. 105-170, 49 U.S.C. 44701 encourages traveling physicians to aid sick fellow passengers. Thankfully, this law includes Good Samaritan provisions that protect those rendering emergency medical assistance in an aircraft from liability for “ordinary negligence.”

October 2005
EASA Repair Data Revisited
This article explains the foundation of international aviation law as established at The Chicago Convention, and reviews the status of negotiations between the European Aviation Safety Agency (EASA) and the FAA. As EASA and the FAA negotiate a bilateral agreement that will replace the individual ones negotiated with EU members, the ARSA works closely with both agencies to develop a matrix-type document that will explain and facilitate the process for approving repair data under EASA rules.

November 2005
You’re on Notice
The FAA issued a final rule on hazardous materials (hazmat) training requirements and the notice requirements pose some problems. The relevant provisions in parts 121 and 135 require that air carriers give notice of their hazmat status only to repair stations who are regulated by 49 CFR parts 171 through 180 (i.e., hazmat employers). However, the notice provisions for repair stations in § 145.206 apply to “each repair station” that receives a notice.

December 2005
A Rose By Any Other Name (re-print of March 1995 article)
The term “overhaul” has a very specific meaning under the Code of Federal Regulations (CFRs). Unless work performed fulfills all the requirements needed to characterize it as an “overhaul” a repair station must not include the term in any required maintenance records. Use of overhaul in an inappropriate context on required maintenance records can lead to certificate revocation and possible criminal prosecution.

2006

January 2006
Pass the Bottle: The New Drug & Alcohol Testing Rule
The FAA issued its final rule requiring drug testing for employees performing safety-sensitive functions at all tiers of maintenance. ARSA believes that if an employee is performing maintenance or preventive maintenance as defined in the CFRs, he or she must be tested. If your business uses subcontractors, you are responsible for ensuring all tiers of subcontractors are in compliance with the new rule.

February 2006
The Die is Cast
ARSA decided to bring a legal challenge to the new drug and alcohol testing rule. On March 10, 2006, ARSA took the first step to overturn this rule and filed a Petition for Review of an Agency Action with the Court of Appeals, and served copies of the Petition on various officials at the FAA and the Department of Transportation.

March 2006
Fabrication of Parts for Maintenance
AC 43-18, “Fabrication of Aircraft Parts by Maintenance Personnel,” clarifies that in order for an activity to qualify as maintenance fabrication the part created must be used or consumed as part of a repair process and not sold separately. The AC also provides detailed instructions on what a repair station should have in its Fabrication Quality Control System to ensure that the parts conform to the design data and are in condition for safe operation.

April 2006
Records: Proof of Compliance (re-print of July 2005)
Section 43.9 is one of the primary means by which your customer and the aviation authorities evaluate the airworthiness of articles installed on type certificated products. This article analyzes who this regulation applies to, how to meet the requirements for describing work accomplished, important tips for tracking dates of work, what names need to be recorded, who needs to sign the maintenance record, and what records need to be retained and for how long.

May 2006
Previously Accomplished Repairs
What are maintenance provider’s responsibilities if they discover a previous repair not accomplished in accordance with a method described in the manufacturer’s manual? Based on the guidance of part 43 of Title 14 of the Code of Federal Regulations, a provider’s options include replace the previous repair, verify the earlier work, refuse the work, or disclaim responsibility by specifically excluding it from the approval for return to service.

June 2006
Mandatory for Some (re-print of June 2000)
An owner/operator is only required to follow a “mandatory service bulletin” (MSB) when it is incorporated by reference into an Airworthiness Directive or the change in the MSB is required by airworthiness standards. The MSB may also be mandatory if the operator uses the manufacturer’s maintenance program or an approved aircraft inspection program. Absent one of these conditions, the regulations do not require the owner/operator or a maintenance provider to follow the MSB.

July 2006
Repair Station Training Programs
Part 145 includes a training program regulation for repair station employees who perform maintenance, preventive maintenance, alterations and inspections. The FAA suggests that each repair station’s training program include indoctrination, recurrent, specialized, and remedial training. ARSA provides a template to help get you started here.

August 2006
Human Factors 101
Many FAA-certificated repair stations are required to have a human factors training program under certificates or approvals from other national aviation authorities or through the air carrier customer’s maintenance program. ARSA provides guidance and training materials on its Web site here.

September 2006
Drug & Alcohol Redux
The FAA issued a “Guidance Alert” for the new drug and alcohol testing rule for repair stations. Unfortunately, the guidance did little to help repair stations. Issues that remain vague include how to decide which employees to test, what audits (if any) are required of lower tier providers, and how the FAA will handle enforcement. Meanwhile, ARSA filed an Emergency Motion to Stay the final rule in the U.S. Court of Appeals for the District of Columbia Circuit and received a ten day delay in the compliance date.

October 2006
Going Paperless
In order to comply with the Electronic Signatures in Global and National Commerce Act the FAA established acceptable methods for the use of electronic systems to create, disseminate and store vital records. Advisory Circular (AC) 120-78, provides general guidelines on the development and use of such systems.

A company wishing to use electronic signatures or institute electronic recordkeeping may wish to consult with their local flight standards district office (FSDO) or certificate-holding district office (CHDO) before implementation. The company must submit a letter to the FSDO or CHDO describing the proposed system.

November 2006
Going Paperless, Part II
Part 21 contains significant record creation, submission and ergo storage (recordkeeping) requirements for entities involved in the design and production of aviation products and parts. In this second in a series on electronic records, we review those records required to be created and kept for type certificates, supplemental type certificates, production certificates, parts manufacturer approvals, technical standard order authorizations, and instructions for continued airworthiness.

December 2006
Going Paperless, Part III
This concludes the series on the FAA’s effort to go paperless with a review of how to create and use electronic manuals. Companies must have electronic manual contents approved or accepted by the FAA. Advisory Circular (AC) 120-78 lists the elements that companies should address when constructing these manuals. Next, we will see the FAA move towards accepting forms by electronic submission.

2007

January 2007
You’re On Notice (re-print of November 2005)
The FAA issued a final rule on hazardous materials (hazmat) training requirements and the notice requirements pose some problems. The relevant provisions in Parts 121 and 135 require that air carriers give notice of their hazmat status only to repair stations who are regulated by 49 CFR Parts 171 through 180 (i.e., hazmat employers). However, the notice provisions for repair stations in § 145.206 apply to “each repair station” that receives a notice.

February 2007
EASA Repair Data Re-Visited
EASA and FAA will further liberalize the requirements for mutual acceptance of repair data on or around April 1, 2007. Under the new agreement, with the exception of critical parts, all repair data approved or acceptable under the FAA system will generally be approved in the EU without further showing, regardless of the State of Design (SOD) of the product or the kind of certificate holder that obtains approval of the data.

Similarly, repair data approved by EASA or one of the six countries that have Bilateral Aviation Safety Agreements (BASA) with the U.S. will generally be approved by the FAA in the same manner.

March 2007
A New Home for Form 337
In an effort to centralize its collection of aviation maintenance records and facilitate electronic submissions, the FAA made a “minor technical” amendment to the requirements for submitting Form 337.

Since November 3, 2006, each person performing a major repair or alteration who uses the 337 must forward one copy (either paper copy or electronic form) to the FAA Aircraft Registration Branch in Oklahoma City, Oklahoma, instead of their local FSDO. This procedure means the submitter is solely responsible for ensuring that the 337 is complete and conforms to all the regulatory requirements.

April 2007
ARSA Comments on Part 145 NPRM
On April 18, 2007 ARSA filed comments on the FAA’s notice of proposed rulemaking (NPRM) to 14 CFR part 145. This Legal Brief provides an overview of our most significant comments on important member issues including application requirements, issuance of certificates, ratings, and operating rules.

May 2007
Anti-Drug and Alcohol Program Registration
The final rule for the Anti-drug and Alcohol Misuse Prevention Programs states that a part 145 repair station must have such a program in its Operations Specifications. However, internal FAA guidance allows a repair station the option of registering their program with the Drug Abatement Division. In order to protect member’s interests, ARSA requested an official affirmation from the Drug Abatement Division that a part 145 repair station meets the regulatory requirements through registration of its Anti-Drug and Alcohol Misuse Prevention Program.

June 2007
Recordkeeping and Form 8130-3
The controlling regulation for recording maintenance, preventive maintenance, rebuilding and alteration is Title 14 CFR § 43.9. Accurately completing Form 8130-3 fulfills a portion of these record keeping requirements. However, the complete § 43.9 record extends beyond the 8130-3; including any referenced work orders and all the records that describe exactly what was accomplished and by whom.

July 2007
Big Win for Small Business
In a July 17, 2007 two-to-one decision, the U.S. Court of Appeals for the District of Columbia Circuit agreed with ARSA that the agency did not properly consider the impact of its drug testing rule on small businesses. While upholding the new testing requirements the Court remanded, directing the FAA to conduct the proper Regulatory Flexibility Act (RFA) analysis. This article details the arguments made by ARSA and the FAA.

While this remand means the FAA must conduct the proper analysis, any entity performing a safety-sensitive function (maintenance) for an air carrier at any tier must continue to comply with the drug and alcohol testing requirements of 14 CFR part 121.

August 2007
Regulatory Flexibility Act: What It Is, Why It Matters
The U.S. Court of Appeals for the District of Columbia Circuit agreed with ARSA that the FAA did not consider the impact of its drug testing rule on small businesses as required by the Regulatory Flexibility Act (RFA). The RFA includes steps an agency must comply when conducting rulemaking.

As an ARSA member, your participation in surveys helps us make grounded comments during rulemaking and set the stage to protect the rights of small businesses under the RFA.

September 2007
Congress and TSA—Damn The Torpedoes
Section 1616 of Public Law 110–53 directs the Transportation Security Administration (TSA) to adopt final repair station security regulations within one year (August 3, 2008) and to complete audits in accordance with those regulations within six months.

If the TSA does not meet those deadlines, the FAA Administrator cannot certify any foreign repair station unless an existing repair station is being re-certificated, or a new application is in process. ARSA will keep its members up-to-date on what may become a rushed rulemaking to meet this deadline.

October 2007
Airworthiness Directives Compliance
Under 14 C.F.R. § 39.7, the responsibility to comply with an Airworthiness Directive (AD) rests with the operator of the affected product—not the designer, manufacturer or the installer. Although the regulations may not require a repair station to comply with an AD, a station should track applicable AD’s, notify all customers about them, and either accomplish them or specifically indicate that the customer directed otherwise.

November 2007
Keeping It On The Record
The FAA uses records as the primary means of determining compliance with the regulations. This article documents the types of records that can be generated under parts 21, 43 and 145, along with applicable retention requirements.

NOTE: There was no Legal Briefs written for December 2007