The Aeronautical Repair Station Association (ARSA) has requested that the FAA revise a legal interpretation regarding second- and third-tier documents that are purportedly incorporated by reference in an Airworthiness Directive (AD). ARSA’s letter points out that the legal interpretation—and existing guidance—violate the Administrative Procedure Act and force maintenance providers to determine what is required to comply with the AD. According to ARSA, an AD specifically references a Service Bulletin (SB) and mandates that maintenance providers accomplish specific instructions therein. The SB then references a manual and that document references a standard practice manual. The only document referenced in the AD is the SB.

According to the agency, unless maintenance providers have an alternative method of compliance (AMOC), they must follow the requirements contained in a laundry list of subsidiary references to comply with the AD. The agency overlooks the fact that manufacturer maintenance information is not binding unless it is made so through a rulemaking. Part and parcel of any rulemaking is that the agency tell the public what is required to comply with the mandate, ARSA said.