FAA Reverses Course on Mx Supervision Interpretation

The FAA has decided to stay a controversial legal interpretation surrounding in-person supervision of maintenance activities while the agency reviews its policies.

Laura Megan-Posch, the FAA’s assistant chief counsel for regulations, informed leaders at the Aeronautical Repair Station Association (ARSA), General Aviation Manufacturers Association, and Savvy Aviation of the decision this week, cautioning, “This stay does not represent a conclusion on the contents of that interpretation.” But the stay will remain in effect “until the agency issues new or supplemental guidance.”

In the September 3 letter of interpretation, the FAA deemed that the use of “in person” in Part 43 maintenance forbids the use of remote supervision of aircraft maintenance: “The Office of the Chief Counsel finds that the phrase ‘in person’ explicitly requires physical presence. Virtual presence, through a live video feed or other technological means, cannot replace the physical presence of a supervising mechanic.”

This generated significant opposition, with the maintenance community saying it means a supervising mechanic must watch every move of a non-licensed individual performing maintenance.

ARSA maintained that the interpretation “reversed years of well-established policy and contravened recognized legal precedent to require certificated individuals to be physically present while supervising others." ARSA and GAMA were among 16 industry organizations that signed onto a coalition letter requesting reconsideration. Savvy Aviation also had petitioned the FAA on the issue.