FAA foreign repair stations

There was a change in the regulations governing certification of foreign repair stations in 1988, which permitted greater use of foreign repair stations for aircraft repairs to U.S.-registered aircraft.

The FAA have since made efforts to update and more even-handedly apply part 145 regulations to foreign and domestic repair stations.

The FAA first promulgated foreign repair station regulations in 1949, when more U.S. aircraft began flying international routes, resulting in a need for maintenance to be performed abroad. These regulations, which stayed largely static until the mid-1980's, established the concept of issuing a U.S. certificate to repair stations located outside the United States.

This was designed to ensure that U.S. carriers and operators of U.S.-registered aircraft could obtain maintenance outside the country. The regulations only allowed those aircraft that operated abroad to use U.S.-certificated foreign repair stations.

This normally meant that work performed abroad was confined to maintenance and repair of unexpected problems that occurred while an aircraft was operating at a foreign location. Any other maintenance work performed abroad required an exemption issued by the FAA.

Component repair and overhaul

As time went by, more and more foreign-manufactured aircraft were being acquired and flown by U.S. operators. For example, European and Brazilian turboprops began to be seen in the commuter fleet in significant numbers. In addition, more foreign-manufactured components, such as aircraft engines, were being installed on U.S.-manufactured aircraft.

U.S. air carriers and manufacturers were regularly shipping foreign-built components to their original manufacturers for repair, and U.S.-operated turboprops, which were used almost entirely on domestic routes, as well as some corporate jets, were also being sent abroad for maintenance and alterations.

The FAA had to issue exemptions to permit foreign manufacturers to perform repairs on their own products, and to permit U.S. operators to obtain repairs abroad when they could not be performed in the U.S. in a timely manner because of a lack of appropriately-rated facilities.

The reality became that the FAA permitted the use of foreign-built aircraft and components, but prohibited the repair or overhaul of those components by their manufacturers without an exemption. Over 100 exemptions were made before we changed the rules, resulting in considerable paperwork and delay to air carriers.

Consequently, the FAA proposed revisions to the regulations to acknowledge this inconsistency and worked to make the process more efficient, while acknowledging the increasingly international nature of aviation. After extensive consultation and input from all parties, these revisions were finalized in 1988.

The 1988 amendments to the FAR permit the Administrator to certificate a foreign repair station if it is needed to maintain or alter U.S.-registered aircraft and components for use on U.S.-registered aircraft. The regulations were written to assure that FAA foreign repair stations meet virtually all certification and personnel requirements that domestic repair stations must meet.

As US regulations are currently structured, an applicant for domestic repair station certification must determine the abilities of its noncertificated employees performing maintenance based on practical tests or employment records.

No such requirements are specified in the Federal Aviation Regulations for FAA foreign repair stations. During the certification process,inspectors look for evidence that employees performing maintenance in FAA foreign repair stations have skills equivalent to those of their domestic counterparts.

Current regulations, however, do not require supervisory personnel at foreign repair stations to have a U.S. certificate. If supervisory personnel at a foreign repair station do not hold an FAA certificate,the FAA evaluates the qualifications of those individuals.

If they hold a certificate issued by their own government, that country's certification program and the criteria used to issue the certificate are reviewed. If the supervisor is not certificated at all, the inspectors handling the certification evaluate the supervisor using the same standards we use to evaluate personnel at domestic repair stations.

FAA Foreign repair stations must undergo annual or biennial renewals, as opposed to domestic repair stations, which have certificates that are valid until surrendered, suspended, or revoked. FAA Foreign repair stations must, at renewal time, provide adequate justification that they are still needed to maintain U.S.-registered aircraft or components of these aircraft. If insufficient justification exists, the certificate is not renewed.

One significant criticism of foreign repair stations has been that their personnel are not subject to U.S. drug testing requirements. Although this is not an area covered by part 145, this is a disparity often mentioned in the discussion of foreign repair stations.

The potential use of illegal substances by maintenance personnel overseas is a legitimate concern. FAA has not imposed such testing requirements on foreign nationals in response to international concerns that to do so would violate principals of foreign national sovereignty.

However,on February 25, the International Civil Aviation Organization (ICAO) Council adopted standards that will strengthen the prohibitions on drug use and alcohol misuse. These new standards become effective on November 5.

The FAA is committed to ensuring that foreign repair facilities are adequately overseen. Therefore, the FAA has pledged to limit certification of such facilities to a number that can be safely inspected by FAA inspectors at any given time.

Consequently, the number of certified foreign repair facilities stands at 499, with 107 facilities on the waiting list for certification.

The number of FAA inspectors assigned to full-time oversight of foreign repair facilities stands at 72. Each FAA inspector assigned to an International Field Office has responsibility for inspecting roughly 7 foreign repair facilities, down from one inspector for every 15 facilities in 1989.

The FAA has committed to certifying new foreign repair facilities if, and only if, there are adequate inspection resources to perform the surveillance necessary to ensure that aviation safety is maintained at the highest levels.