FAA To Revisit 'Moss Interpretation' Following Industry Pushback

The FAA has suspended a recent interpretation of what constitutes "in person" supervision in specific scenarios under agency regulations following a unified call from ATEC and 15 other organizations.

Under the interpretation, the FAA said that the phrase “in person” as used in § 43.3(d) means a supervising mechanic must be physically present when overseeing someone. "Virtual presence, through a live video feed or other technological means, cannot replace the physical presence of a supervising mechanic," the agency added.

The interpretation, issued by Little Rock Flight Standards District Office Manager Jonathan Moss based on input from the FAA Chief Counsel's office, "is replete with errors and inconsistencies," an Oct. 10 letter signed by ATEC and 15 other industry organizations said. Among the issues: cases cited by the FAA in its interpretation "had nothing to do with § 43.3(d)," and the agency's argument "is contrary to the plain language of the regulation at issue and numerous agency policies regarding use of remote technology."

Late Oct. 16, the FAA chief counsel's office informed ATEC and others that it would "stay" the interpretation while the agency "reviews its policies and regulatory options" and issues updated guidance.

The FAA's performance-based rules have provided flexibility for the use of modern technology, such as video feeds to assist in inspections, so long as regulatory requirements are satisfied. The Moss interpretation went against such precedent established by the agency's own policies.

Equally concerning from the council's perspective were potential ramifications of limiting remote oversight in other common scenarios, including technical education.

"The performance-based regulations are clear and have withstood the test of time," the letter said. "[If] oversight is necessary, it can be provided in any manner that ensures the work is performed correctly.

The letter urged the FAA to re-evaluate the Moss Interpretation. ATEC applauds the agency's swift response and will continue to work along with other stakeholders to help ensure any follow-up guidance is consistent with the FAA's established positions.