ARSA RSS Feed ARSA LinkedIn
Contact Us Online Portal

ARSA Weighs in on Proposed FAA ICA Policy

On Jan. 4, ARSA submitted its comments to the FAA’s draft policy regarding the availability of instructions for continued airworthiness (ICA).

The Association believes that the current policy must be rewritten to ensure that the regulations are not used to justify contractual restriction and to discourage such practices.

While ARSA is pleased to see the FAA taking an interest in this important area, it is critical that any FAA policy on the matter be enforceable under the safety regulations. To tackle the contractual obligations and economics of availability, the FAA must address all four fundamental issues:

1) Set the standard for the nature and extent of information that is essential to the continued airworthiness of an aviation product.

2) Set the standard for the content of ICA documents.

3) Determine exactly who is “required to comply” with the ICA.

4) Determine exactly how ICA should be “made available.”

Without addressing basic requirements, it is unclear how the proposed policy will reduce the burden on maintenance providers in determining and maintaining appropriate maintenance instructions or reduce the possibility of error caused by applying an incorrect ICA.

As currently drafted, the FAA’s proposed policy would have the agency reviewing private contracts, an inappropriate action. Since the FAA has not declared restrictions on the distribution and use of an ICA void as a matter of public policy, its jurisdiction is problematic. Rather the FAA’s policy should state that it will not support the implementation of non-technical provisions, such as restrictions on use of alternative parts, procedures or suppliers.

Requiring repairs or alterations only by the DAH or a DAH-authorized source and statements limiting the dissemination of the data between the “operator” and its chosen maintenance provider are unenforceable under the provisions of 14 CFR. Indeed, regulatory compliance discourages such activity.

In its comments, ARSA suggests a number of changes that, if accepted, would align the proposed policy with existing regulations in addressing ICA restrictions.

~~~ posted 1/9/12 ~~~



More from ARSA

Going Back for More “Big Data”

The coffees are as small as the data is big…That’s going to be my ice breaking joke at @FlightGlobal‘s Aerospace Big Data Miami… https://t.co/XAPiSQ8w46 — Brett Levanto (@LevantoAir) August 21,…Read More

Dickson Sworn in as New FAA Administrator

Steve Dickson, former senior vice president of flight operations for Delta Air Lines, was sworn in as the FAA administrator by Transportation Secretary Elaine L. Chao on Aug. 12. Dickson…Read More

House Bill Would Address Contract Maintenance Transparency

On Aug. 8, Rep. Mark DeSaulnier (D-Calif.) introduced legislation that will potentially impact ARSA members and their airline customers. Generally, the Safe Landings Act (H.R. 4166) addresses the Air Canada…Read More

“100-percent Replacement” Makes 1-percent Progress

On Aug. 9, the FAA ended ARSA’s two-year wait for a response to its request to the Regulatory Consistency Communications Board (RCCB) for clarity regarding the right of repair stations…Read More

Hotline Highlight – Meet Me Halfway

The hotline – ARSA’s premier member newsletter – contains news, editorial content, analysis and resources for the aviation maintenance community. All members should ensure they receive their edition the first week of…Read More
ARSA