Make Aviation Maintenance Data Available Again: Message to D.O.G.E
On December 11, 2024, the Department of Government Efficiency (DOGE) on X (formerly Twitter) asked the public to provide examples of “wasteful and burdensome regulations.” We were more than happy to oblige.
Below is a snippet of our submittal. We must give credit to the Aeronautical Repair Station Association (ARSA), which so eloquently summarized the long-standing aviation maintenance data (Instructions for Continued Airworthiness or ICA) availability issue back in 2018. Our message was derived from a letter created by ARSA, intended to be submitted to the U.S. Small Business Administration, Office of the National Ombudsman
(we did that too).
We encourage anyone affected by the unavailability of maintenance data like Component Maintenance Manuals (CMM) or inability to confirm the currency of existing maintenance data to provide their own comments. Let’s get this problem solved!
Message to @DOGE
Dear DOGE,
We request that you review a disparity in the enforcement of aviation safety regulations that results in unfair regulatory actions against independent aviation repair stations. Specifically, the FAA fails to enforce the regulation requiring design approval holders (i.e., manufacturers) to make maintenance data available (14 C.F.R. § 21.50(b)), while aggressively enforcing the rule requiring repair stations to possess that same maintenance data (14 C.F.R. § 145.109(d)).
Due to this inequity, most small businesses face unnecessary administrative and financial burdens and significant loss of business opportunities. We are hoping that you can be our voice for the modification of these laws for the significant amount that aviation repair stations that contribute to our economy.
FAA Regulations Require Design Approval Holders to Produce and Make Maintenance Manuals Available
The FAA controls design, production, operation and maintenance of civil aviation aircraft in the United States. In order to design and produce a civil aviation product or article, an entity must comply with 14 C.F.R. part 21. Among other things, design approval holders are required to create and furnish Instructions for Continued Airworthiness (ICA) (i.e., maintenance manuals) to the owner of each aviation product and to any other person required by FAA regulations to comply with those instructions. Despite the clear requirement in the aviation safety regulations that design approval holders create and make vital maintenance information available; the agency has consistently failed to enforce these rules.
The FAA Strictly Enforces the Requirement that Repair Stations Possess Maintenance Manuals but Does Not Enforce Rules Requiring Design Approval Holders to Make Manuals Available
In order to perform maintenance, preventive maintenance or alteration as a repair station, the entity must be certificated under 14 C.F.R. part 145. Title 14 C.F.R § 145.109(d) requires the repair station to have specified manufacturer maintenance information “current and accessible.”
In order to comply, repair stations must first obtain the manuals. This is a problem in and of itself since the agency’s refusal to enforce 14 C.F.R. § 21.50(b) allows manufacturers to avoid the basic obligation to create the documents. If the required documents are created, manufacturers can make them available only to their own repair stations, which is also contrary to the plain language of the regulation. Additionally, the agency will not involve itself in the pricing of the required documents, which allows manufacturers to make manuals constructively unavailable by charging any amount with no fear of retribution.
Second, even when the manuals are available, if the owner/operator or repair station determines that earlier versions of the documents are to be used, the part 145 certificate holder is still required to maintain the most current versions.
Third, when the design approval holder no longer supports the product or article, the repair station must still constantly ensure “currency” of manuals and data required by § 145.109(d), creating an unnecessary administrative burden.
Our Request
The FAA’s unfair actions create winners and losers in the regulatory arena. We request that Section 145.109(d) is amended by removing the last sentence and the associated list as follows:
(d) A certificated repair station must maintain, in a format acceptable to the FAA, the
documents and data required for the performance of maintenance, preventive
maintenance, or alterations under its repair station certificate and operations
specifications in accordance with part 43. The following documents and data must be
current and accessible when the relevant work is being done:
(1) Airworthiness directives,
(2) Instructions for continued airworthiness,
(3) Maintenance manuals,
(4) Overhaul manuals,
(5) Standard practice manuals,
(6) Service bulletins, and
(7) Other applicable data acceptable to or approved by the FAA.
We have additional information gathered over the last 10 years on this subject, in addition to the support of various trade associations. Together, can provide additional information and data to support this endeavor. We will be happy to provide additional financial and regulatory information to support our claims, at your request.