AOPA says the that
service bulletins aren't mandatory for Part 91 aircraft owners,
regardless of what the NTSB says. And now AOPA is asking the FAA to
remain firm in upholding that longstanding policy and
interpretation of the law.
"The FAA's past and present opinion is that while service
bulletins and instructions are not mandatory, they may be used by
mechanics as an acceptable method, but not the only method, to show
compliance with the regulations when performing maintenance,
alterations, or preventive maintenance," AOPA Executive Vice
President of Government Affairs Andy Cebula said in a letter to
Nicholas A. Sabatini, the FAA's associate administrator for
aviation safety.
"Should the FAA deem it necessary to issue a letter of
interpretation in the interest of clarity and to avoid
misapplication of existing regulations, the agency must reaffirm
that service bulletins and service instructions are not mandatory
for general aviation.... A manufacturer is not allowed to
unilaterally require compliance with future service bulletins or
instructions," said Cebula.
The issue was raised by the NTSB's ruling in the case of
Administrator v. Law, in which a mechanic was accused of performing
unairworthy repairs. In essence, the FAA claimed the mechanic used
procedures not approved by the administrator.
But the NTSB took it a step farther, saying that "by not using
the manufacturer's prescribed inspection technique, [the]
respondent violated the regulations...."
That language would seem to require compliance with service
bulletins or service instructions, known and yet to be issued, when
referenced by the manufacturer's maintenance manual.
For general aviation aircraft certificated under CAR 3 (the
majority of GA aircraft, designed before 1972), that's not the law.
Any mandatory changes, repairs, or upgrades to an aircraft must be
FAA approved and must go through the rulemaking process, including
public comment, as required by the Administrative Procedures
Act.
(For newer aircraft certificated under Part 23, service
bulletins can be made mandatory if approved by the FAA and
incorporated into the airworthiness limitations section of the
aircraft's maintenance manual or instructions for continued
airworthiness. Also, service bulletins are usually mandatory for
aircraft flying in commercial service.)
In the case of
Administrator v. Law, the FAA filed an appeal brief clearly stating
that the mechanic was not in violation of the regulations for
failing to follow the manufacturer's service bulletins, but rather
for failing to use acceptable practices. "Why NTSB failed to mirror
the FAA's language in their decision is a mystery," Cebula
said.
AOPA told the FAA that the association was "concerned that the
language used by the NTSB in their decision is contrary to
established policy, practice, and law, and that mechanics and
possibly FAA inspectors could misinterpret the NTSB's decision to
require compliance with all manufacturers' service bulletins and
instructions."
As FAA rulings have made clear through the years, following
acceptable procedures does not necessarily mean mandatory adherence
to service bulletins unapproved by the FAA.