ARSA Comments on FAA’s Airworthiness Directive Interpretation

On June 30, ARSA submitted comments to the FAA’s proposed Airworthiness Directive (AD) legal interpretation.

The proposed interpretation comes in response to a request from the FAA’s Organization Procedures Working Group of the Airworthiness Directive Implementation Aviation Rulemaking Committee (AD ARC), of which ARSA is an active member.

ARSA’s comments point out that the FAA’s interpretation overlooks the existing relationship between the design, production, operating and maintenance rules in Title 14, Code of Regulations (14 CFR). Ignoring the independent nature of individual rules – such as part 39 – disregards the regulatory structure and creates conflicting requirements and considerable confusion. When applied as intended, the rules provide a logical means to address unsafe conditions in both new products and operating aircraft.

ARSA further argues that agency rules must be clear on their face and should not require FAA interpretation; ADs should be understandable to the person who will perform the required action.

The association ultimately asked for a withdrawal of the April 14 interpretation or, alternatively, that the FAA revise the interpretation to acknowledge the totality of the agency’s rules by recognizing the roles of design, production, operation and maintenance on compliance with part 39.

~~~ posted 7/1/11 ~~~