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

Conference 2019 – Knowledge

Registration is open for ARSA’s 2019 Annual Conference. Make sure you’ve got the dates in your calendar (and that they are correct): March 12-15, 2019 in Arlington, Virginia and Washington,…Read More

ARSA Joins Effort to Limit Shutdown Impacts

Even as Congress worked to finalize an agreement to prevent another shutdown and fund the federal government through the end of September, lawmakers were considering ways to insulate the aviation…Read More

Hotline Highlight: Serving Through Surveys

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

Aviation Industry Urges Full Funding for New Workforce Programs

More than three dozen organizations representing a cross section of the aviation industry are urging the Trump administration to make aerospace workforce development a priority in the president’s 2020 budget.…Read More

Quick Question: “The Opening Salvo”

Each year during the symposium portion of ARSA’s Annual Conference, Managing Director & General Counsel Marshall S. Filler and Executive Director Sarah MacLeod moderate an “opening salvo” session on maintenance and…Read More
ARSA