Join ARSA Ask ARSA Pay ARSA

New FAA Guidance Changes Definition Of Aviation Maintenance, ARSA Says

Alexandria, Va., Sept. 1, 2006–The Aeronautical Repair Station Association (ARSA) has asked the Federal Aviation Administration (FAA) to clarify several issues raised in recently released guidance supporting the drug & alcohol (D&A) program testing rule–primarily definitions of maintenance that conflict with other rules and industry’s common understanding.

“We are deeply concerned that these [guidance] documents will fundamentally alter the definition of maintenance,” the Association said in a letter sent August 30 to the FAA.

Determining whether work is defined, in regulatory terms, as “maintenance” is a critical part of complying with the FAA’s new D&A testing regulation scheduled to go into effect October 10. The D&A rules state that persons performing “safety-sensitive functions” for part 121 and 135 certificate holders–directly or by contract, at any tier–must be enrolled in a D&A testing program. Maintenance is listed as a safety-sensitive function.

ARSA, responding to its members’ needs and in cooperation with other industry organizations, has been working with the FAA as the agency develops guidance on how to comply with the rule. Unfortunately, the first set of guidance materials, released earlier this month, created more questions than it answered.

For example, FAA’s guidance says that cleaning seat covers is not maintenance because cleaning is a part of the overhaul process, and the overhaul itself–not its individual elements–constitutes maintenance.

ARSA pointed out several flaws in the agency’s reasoning. For example, inspection—which is also part of an overhaul—is defined as maintenance in Federal Aviation Regulations (FAR) section 1.1.

Also, manufacturer maintenance manuals contain instructions for cleaning seat covers. Improper cleaning could affect their flammability requirements, which could violate Federal Aviation Regulations (FAR) concerning returning articles to service (FAR 43.13(b)). Under this rationale, cleaning would be considered maintenance, because the provider must comply with part 43 when performing the activity.

“ARSA believes that the issue of seat cleaning illustrates why part 43 should be the starting point for any analysis of whether a function is maintenance, and not the nature of the action performed,” the Association said. “By focusing solely on the action performed, the guidance ignores the requirements of part 43, which provide appropriate direction: If the activity is part of a maintenance record, it is maintenance.”

ARSA’s interpretation request addressed several other concerns as well. Download a copy of the letter here (.pdf).

Since the new D&A rule’s compliance date is so close, the Association asked the FAA to expedite its response “to ensure that the industry has clear and useful guidance as it attempts to comply” with the regulation.

About ARSA

Founded in 1984, ARSA is the leading trade association devoted to serving civil aviation maintenance organizations. ARSA’s 700 members perform maintenance and alterations on behalf of U.S. and foreign air carriers and other operators worldwide. ARSA represents the interests of aircraft maintenance and alteration facilities before federal agencies in the U.S. and abroad. The Association promotes laws and regulations that establish reasonable aviation safety standards and encourages the development of clear, concise, consistent and uniformly applied regulatory guidance and interpretations.



More from ARSA

This is Us

Based on an overview provided by ARSA Director Art Smith, the association produced this 50 second commercial for its work and its industry. Members are encouraged to go to the…Read More

On Demand SMS Training – ERPs

Four Safety Management Systems Training Sessions are now available through ARSA’s training program for registration and immediate on-demand viewing. The trainings were co-administered by ARSA and the Aircraft Electronics Association…Read More

On Demand Training – HazMat Determinations

On Oct. 14, ARSA presented an online training session introducing the key definitions in 49 CFR tied to hazardous materials requirements for maintenance providers in 14 CFR. The level 1…Read More

Online Training – How to Keep the Pilot in the Plane

On Nov. 10, ARSA will present a new addition to its list of human factors training sessions reviewing the June 10, 1990 explosive decompression of British Airways flight 5390.  The…Read More

Don’t Let Your UK CAA Certificate Lapse

ARSA has learned that dozens of United Kingdom Civil Aviation Authority (UK CAA) Part-145 certificates issued to U.S. repair stations are at risk of lapsing because renewal applications have not…Read More
ARSA