CONGRESS again shoots blanks at Foreign Repair Stations
Based on a Congressional mandate, the FAA recently issued InFo 24012, implementing 49 USC § 44733—
Prohibiting US Air Carriers from entering into new contracts for heavy maintenance work with part 145 foreign repair stations located in an International Aviation Safety Assessment (IASA) program Category 2 country
The InFo is terse in its explanation and bereft as to its consequences.
There have been few issues on the Hill that have been fought/lost/fought/lost[1] as Foreign Repair Stations. The supercilious argument is that maintenance work being performed overseas must be INFERIOR, a chauvinistic and factually deficient assertion. To be clear each such facility must be
- thoroughly examined by the FAA BEFORE issuing the P145 certificate,
- subject to prior review by the airline, which does not obviate the carrier’s obligation to be aware of the FRS’s QA on an ongoing basis
- home countries’ CAAs have a continuous duty to surveil all certificates within its jurisdiction ALWAYs
- the notion that the rest of the world is incompetent as to airworthiness is anachronistic = technological competence is global now and foreign unions have increased their members wages substantially.
Using an FAA SAFETY INFO to promulgate policy on the use of foreign repair stations in Cat 2 countries does NOT MAXIMIZE THE DELIVERY of important safety information (i.e. an InFo). Flight Standards has the most current list of Foreign Repair stations with which US carriers may not contract now. .
The FAA SHOULD HAVE NAMED THE SPECIFIC REPAIR STATIONS in those CAT 2 countries and document the US operators and /or code share partners that are using them. Initiate A FOCUSED REPAIR STATION JOINT ASSESSMENT (FAA/air carrier) to inspect, ID and recommend a corrective action followed by a reinspection. In terms of advancing GLOBAL AVIATION SAFETY, this remedial, non-punitive initiative would bring these FACILITIES in Category 2 nations to IASA/USOAP standards not just benefiting US carriers, but all operators that need these critical airworthiness services.
Congress ENACTS, the FAA must act!!! So, what are the consequences of this HAMMER , rather than SCALPEL, approach!!!
What is the impact of § 44733??? Under the list of IASA Category 2 Civil Aviation Authorities, there are THREE COUNTRIES (Bangladesh, Russia and Venezuela) and ONE REGIONAL ORGANIZATION (Organization of Eastern Caribbean States – Eastern Caribbean Civil Aviation Authority members : Antigua & Barbuda, Dominica, Grenada, St. Lucia, St. Vincent and The Grenadines, St. Kitts and Nevis) impacted by the InFo.
What is the FAA IASA inspection and what did the 4 person team find to put a sovereign CAA in the Category 2 sin bin? The requirement that foreign safety organizations MUST be inspected was imposed by Congress after A high profile carrier accident and here was that charge—
The International Civil Aviation Organization has been doing the same inspections for decades; its audit is called the Universal Safety Oversight Programme (USOAP) and its “BAD” list is 6 nations long [ no Venezuela, Bangladesh or OECS]!!!
What does the FAA IASA entail? A checklist, a team (leader, lawyer, OPS and A/W inspectors) and reviewing the following specific criteria:
- Primary aviation legislation
- Specific operating regulations
- State civil aviation system and safety oversight functions
- Technical personnel qualification and training
- Technical guidance, tools and the provision of safety critical information
- Licensing, certification, authorization, and approval obligations
- Surveillance obligations
- Resolution of safety concerns
The normal process does not include assessing the compliance with the airlines, airports, repair stations, manufacturers or other safety organizations. IF THE TEAM DETERMINES THAT THE CAA MERITS CATEGORY 2 STATUS, THE FAA WILL FREELY ADMIT THAT THEIR CATEGORIZATION DOES NOT APPLY TO THE COUNTRY’S AIRLINES!!!
Oh, by the way, at some point in time the FAA’s rigorous P145 certification process FOUND the companies competent under the US’s standards.
If Category 2 demonstrates that a Foreign Repair Station should not be eligible to enter into a new contract with a US air carrier, the InFo SHOULD instruct US airlines with EXISTING CONTRACTs to immediately inspect and/or terminate their relationships.
Ultimately, it is fair to say that § 44733’s impact may hurt only a few FRSs (at most 6 including 3 in Russia). The proponents likely already will tout their victory, but a fair analysis is that the legislation was an empty, symbolic gesture.
Here is, for example, one company that could be harmed by this Congressional hammer—
FAA InFo announces implementing
49 USC § 44733 foreign repair stations
Background: The Federal Aviation Administration (FAA) Reauthorization Act of 2024 and Congressional amendments to USC 49 § 44733 now require restrictions for part 121 operators using FAA approved part 145 repair stations located in foreign countries.
Discussion: USC 49 § 44733 prohibits part 121 Operators from entering into new contracts for heavy maintenance work with part 145 foreign repair stations located in an International Aviation Safety Assessment (IASA) program Category 2 country. § 44733 (h) states:
No part 121 air carrier may enter into a new contract for heavy maintenance work with a person located or headquartered in a country that the Administrator, through the INTERNATIONAL AVIATION SAFETY ASSESSMENT program, has classified as Category 2, for as long as such country remains classified as Category 2.”
Maintenance Contracts in place at the time of signing will continue to be valid until the contract ends but cannot be renewed or renegotiated for a longer term.
FAA IASA Country ratings and information can be found at: https://www.faa.gov/about/initiatives/iasa
Recommended Action: Part 121 air carriers should familiarize themselves with the information contained in this InFO and review 49 USC § 44733 to ensure the proper company procedures are established. Contact: Questions or comments regarding this InFO should be directed to the Aircraft Maintenance Division at (202) 267-1675, or via email at 9-AWA-AFS-INTL-Coordinator@faa.gov
[1] Inter alia–JDB 01.13.14 TSA’s 10 year Gestation of Foreign Repair Station Security Rule is BIZARRE!.docx;; JDB 08.29.2014 Is the IAM foreign repair station blockade over Aviation Safety prevails.docx.
