As we discussed at the ASA Quality meeting and in our prior article, the FAA has released a new draft Advisory Circular for public comment. The draft provides guidance on what constitutes a “destroyed aircraft” but some of the details in the draft have the potential to wreak unwanted consequences. This draft may impact anyone who (1) buys or sells used aircraft parts or (2) owns an aircraft.
ASA plans to issue comments on this draft, and we continue to seek input from our members. A review of our position (and our concerns about this draft) can be found in the prior article.
In summary, we are concerned that imprecise language in the draft Advisory Circular could open the door to FAA employees making determinations that are contrary to their statutory authority. The result of such determinations could effectively deregister an aircraft that was intended to remain on the registry, as well as shifting the registry analysis so that it relies on elements that are not part of the statutory tests for registration. This topic was discussed at the ASA Conference earlier this month. ASA is asking members review the draft and to let us know your concerns, so we can make sure that the ASA comments reflect all of our members’ concerns.
The comment period ends August 16, 2023, so please look at this draft and get your comments into ASA, ASAP.
Resources:
- Draft Advisory Circular (AC) 21-DAC
- ASA’s Analysis of Draft AC 21-DAC
- FAA Comment Matrix
- FAA Order 8100.19 (Destroyed and Scrapped Aircraft)