The U.S. FAA is reviewing its policy surrounding Part 91 letters of authorization (LOAs) for minimum equipment list (MEL) approvals, the agency said. A final policy determination would be made that addresses safety concerns of both the industry and international aviation partners, the agency added.

This issue had become a significant concern internationally after ramp checks of certain U.S. aircraft in France highlighted the different interpretations that the FAA and the European Aviation Safety Agency had taken surrounding the use of MELs and MMELs (master minimum equipment list), according to the Flight Service Bureau (FSB). The U.S. had permitted the use of the MMEL to defer certain equipment repairs, but EASA was seeking LOAs covering an approved MEL specific for each aircraft, FSB added. Without such an LOA, aircraft operators risked failing ramp checks in Europe.

FSB said it had believed that the FAA reached a tentative agreement with EASA earlier this year under which international operators would need to obtain the new and more extensive D195 LOA, and EASA would provide time for that process to occur.

But the international operations specialist is now warning operators that FAA is revisiting this given the amount of work and time involved for the D195 LOAs, and might opt for traditional D095 approvals instead but provide more in-depth validation of components.

“This certainly appears to present a reversal of the previous commitment to EASA, who may very well not accept these LOAs,” FSB said.

The FAA is considering several policy options, but “at this time, no final decision has been made,” the agency said. In the interim, the agency referred to existing guidance contained in FAA Order 8900.1, Volume 4, Chapter 4, Section 2 and Section 3. FSB expects the FAA to issue an InFO letter to Part 91 operators once it has finalized guidance.

NBAA has been watching this issue, noting it has been a concerning one for its members. The association last fall noted it has been working with EASA, the FAA, and ICAO for clearer guidance for operations with a DO95 LOA.

It advised members with the DO95 to “be diligent” when conducting international operations, particularly since EASA emphasizes three areas in foreign aircraft ramp inspections: full compliance with the LOA; the MEL reflects any STC’d equipment installation; and the operators meet ICAO standards regarding maintenance procedures for continued airworthiness of installed communication, navigation, and surveillance equipment, including listing on the MEL.