FAA Guidance on Approval for Return to Service (Right-Side-Signed 8130-3 Tags) – Comment Period Extended

The FAA has issued a draft guidance document for 8130-3 tags when the tags are completed as Approvals for Return to Service (ARTS).

The draft guidance is currently known as AC 43-ARTS, Use of FAA Form 8130-3 for Approval for Return to Service Under Part 43, and can be found online at

https://www.faa.gov/aircraft/draft_docs/media/afs/AC-43-ARTS_Coord_Copy.pdf.

The draft guidance may impose new standards with inadequate regulatory basis.

The purpose of the new guidance is to provide guidance for compliance with the approval for return to service requirements found in part 43; but it seems to impose new requirements that are not found in Part 43.  The draft guidance also suggests that one may not use an 8130-3 tag as the ARTS unless the person follows the AC; this would make the AC a de facto regulatory requirement in light of the strong emphasis that the FAA has placed on the use of the 8130-3 tag as the norm for approval for return to service.

The draft guidance also requires following the standards published in AC 120-78 as a condition of being permitted to use electronic 8130-3 tags.  This mandate contradicts AC 120-78 which made those standards voluntary/advisory.

Comments were previously due on March 13.  ASA joined with several other trade associations to request an extension, and now the comment period has been extended to June 12, 2017.

The draft advisory circular is available for review online at https://www.faa.gov/aircraft/draft_docs/media/afs/AC_43-ARTS_Coord_Copy.pdf.  Comments should be submitted by email to Griffin.CTR.Moar@FAA.gov.  Please send a copy of your comments to ASA so we can be sure to echo our members’ concerns.

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About Jason Dickstein
Mr. Dickstein is the President of the Washington Aviation Group, a Washington, DC-based aviation law firm. He represents several aviation trade associations, including the Aviation Suppliers Association, the Aircraft Electronics Association, the Aircraft Fleet Recycling Association and the Modification and Replacement Parts Association.

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