Avionics News March 2015 - 15

(except basic hand tools) and equipment
needed will be shipped to the customer's
location.
* Field service representatives have access
to the RS&QCM (repair station manuals)
and will use the same technical data (RollsRoyce CDs and E-Pubs) as other personnel
at the repair station.
* Field service representatives will undergo
the same qualification requirements (needs
assessment and training) as personnel who
are based at the repair station.
* Field service representatives will remain
knowledgeable of repair station procedures
as they return to Coatesville (fixed location) at least three times a year.
The repair station's request was denied by the local
FSDO, thereby generating the assistance from FAA
legal and the subsequent interpretation. The following
appears to be the FSDO logic.
The FSDO's denial appears to be based on
its reading of paragraph (b) of Operations
Specifications DI00, which states, "The certificate holder may not perform continuous operation
at a facility other than the station's fixed location
listed in paragraph Al 0 I if issued."
FAA legal responded as follows:
The FSDO's reasoning appears to ignore the
specific limitation in the paragraph, i.e., that of
continuous operation at a facility. Paragraph (b)
of Operations Specifications DI 00 appears to
address the improper establishment of a satellite
repair station - a separate facility that may be
established and certificated only under § 145.107.
Based on the facts presented, it appears that
Keystone would be operating under the provisions
of § 145.203(b) - performing work on a recurring basis. In fact, paragraph (d) of Operations
Specifications D 100 provides: "Work may be
due to a special circumstance or on a recurring
basis. If on a recurring basis, the repair station must have procedures in its manual." You
stated that the requisite procedures are contained
in Section 1.6 of Keystone's Repair Station &
Quality Control Manual.
In addition to the rather lengthy explanation of
why § 145.203(b) - performing work on a recurring

basis - was included in the regulations and how it was
intended to be interpreted, it went on to address an
extremely important staffing issue:
The Technical Branch's concern that Keystone
"wishes to use employees based at other locations
who do not return to the repair station in accordance with the rule," is not dispositive either. The
phrase "temporarily transport" (especially as it
relates to paragraph (b) of the rule) is not defined
or explained in the regulation or in the preambles.
An unspecified return-to-base frequency cannot
be read into the current rule, especially in reference to paragraph (b), which permits this work on
a recurring basis. According to the FAA's intent
articulated in the rule's preamble, such work may
be done as part of everyday business practices
rather than under special circumstance. Keystone
has stated that its qualified but remotely located
field service representatives would perform maintenance at various locations where its customers
have an aircraft on ground situation. We see
nothing in the rule or its preamble discussion that
would require Keystone's remotely located field
service representatives to make frequent return
trips to Keystone's fixed location. While the three
return trips per year as stated by Keystone may
be commendable, this is not a limitation required
by regulation.
This last paragraph provides excellent guidance
on utilizing field service technicians for performing work at another location. If this applies to you
or you are considering utilizing remotely located field service technicians on a recurring basis
in support of your work-away provisions, please
review the legal interpretation in its entirety.
Note: The AEA offers "Frequently Asked Questions" to foster
greater understanding of the aviation regulations and the rules
governing the industry. The AEA strives to ensure FAQs are as
accurate as possible at the time of publication; however, rules
change. Therefore information received from an AEA FAQ should
be verified before being relied upon. This information is not
meant to serve as legal advice. If you have particular legal questions, they should be directed to an attorney. The AEA disclaims
any warranty for the accuracy of the information provided.
Continued on following page

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Avionics News March 2015

Table of Contents for the Digital Edition of Avionics News March 2015