ARSA Recommends “Current” Guidance from FAA
The interpretation has created confusion among maintenance providers as to which program they should be using on "current" inspections (those being done today). With the help of a member's law firm, Hogan & Hartson, L.L.P., ARSA requested guidance on exactly what program the maintenance provider should be using when the operator did not clearly "choose" one as required by 14 CFR section 91.409(f).
ARSA recommended the FAA immediately issue guidance to clear up the confusion surrounding the new definition of “current” for 91.409(f)(3). ARSA asked that the following points be included in the guidance:
(1) The Operator must demonstrate to the maintenance provider performing the inspection that the Operator has properly “selected” an inspection program and “identified [it] in the aircraft maintenance records” at the time of the adoption. [That is what the express language of §§ 91.409(f) and § 91.417 require.]
(2) Operators cannot retroactively adopt a manufacturer’s inspection program. [To permit a retroactive adoption of an “older” inspection program would enable an Operator to circumvent the plain, mandatory language of § 91.409(f),which requires a timely selection and identification of an inspection program in its aircraft maintenance records.]
(3) If the Operator has not identified the program in the aircraft maintenance records, the maintenance provider would be required to use the inspection program recommended by the manufacturer at the time of the inspection. [This is consistent with §§ 43.131 and 91.417, as well as the December 5 interpretation. It is also consistent with FAA Order 8900.1, Change 36, October 3, 2008, at 6-42(C)(1), which provides that “inspectors must recognize that these [large aircraft inspection] programs must be either currently recommended by the manufacturer or currently in use by 14 CFR part 121 or 135 operators who are supplying the program. . . . The intent of this requirement is to prevent the use of obsolete programs.”]
(4) If the Operator has properly "adopt[ed] a manufacturer’s inspection program" in its aircraft maintenance records (December 5 Interpretation, at 2-3) that is other than the inspection program recommended by the manufacturer at the time of the inspection, the Operator is responsible for providing the ‘older’ selected program to the maintenance provider performing the inspection. [This is consistent with §§ 43.13(a), 145.109 and 145.207
all of which require maintenance providers to maintain current documents and data (not "old" ones) when performing the relevant work, including airworthiness directives, instructions for continued airworthiness, maintenance manuals, overhaul manuals, standard practice manuals, service bulletins, other applicable data acceptable to or approved by the FAA, and to have a method for ensuring currency (in a repair station manual).]
The FAA’s December 2008 interpretation may be found here.
ARSA’s letter to the Flight Standards Division may be viewed here.
