ARSA RSS Feed ARSA LinkedIn
Contact Us Payment Portal

ARSA Cautions FAA on Proposed 145 Changes

ALEXANDRIA, VIRGINIA, November 29, 2012 – The Aeronautical Repair Station Association (ARSA) warned the Federal Aviation Administration (FAA) against further muddying the rules governing aviation maintenance. In comments submitted Nov. 19 to the FAA’s rewrite of 14 CFR part 145, the association expressed concerns the agency’s proposed rulemaking unnecessarily complicates the regulatory framework.

While the FAA has said it wants to align regulations, current business models, and future safety management system requirements, the Association pointed out several instances where the proposed rule deviates from that purpose—

  • Absence of line maintenance rating—unlike the Canadian and European systems and current business arrangements, the FAA is not contemplating a line maintenance rating. The lack of such a rating is not conducive to business practices, in the past, now or in the future.
  • Permanent housing requirement—contract maintenance with mobility is necessary and certainly part of past, current, and future business models. To demand that a repair station have permanent “housing” belies reality and the ability of a company to ensure its system is under the control of a civil aviation authority.
  • Separating the operations specifications from the certificate—this would essentially allow the agency to unilaterally change operations specifications. The Association vehemently opposes the creation of separate operations specifications for repair stations. The FAA is merely necessitating an unnecessary burden on its own workforce and the industry.
  • Preventing certain “persons” from “controlling” a certificate—the FAA is attempting to prevent “bad actors” from “controlling” the quality of a repair station’s work. Since the FAA does not have or will not expend the resources to keep a list of “bad actors”, its workforce will have no objective criterion on which to investigation ownership of these corporate applicants. Further, ARSA pointed out that there is already a federal law prohibiting similar action (see 49 U.S.C. §§ 44726 and 44711).
  • Preventing the voluntary surrender of a certificate—the agency’s claim that it wants to prevent “bad actors” from obtaining and maintaining a certificate is laudable; its ability to prevent that action in a fair and uniform manner is nonexistent. The increase in safety that may result from the proposed requirements is well outweighed by the agency and industry burden.

The Association is also concerned about the agency’s cost estimates for implementing the proposed changes as they do not accurately reflect the true costs repair stations will bear.

Given these concerns, ARSA believes that the FAA should issue a supplemental notice of proposed rulemaking that incorporates the substantive comments made by the Association and other interested parties that will help the agency more ably meet industry needs and maintain the highest standards of safety.

ARSA’s comments are available at: http://arsa.org/wp-content/uploads/2012/11/FAA-2006-26408_ARSAComments_20121119.pdf.

A side-by-side comparison and red-lined version of the current vs. proposed rule is available on ARSA’s website.

###
ARSA is an Alexandria, Virginia-based trade association that represents aviation maintenance and manufacturing companies. Founded in 1984, the association has a distinguished record of advocating for repair stations, providing regulatory compliance assistance to the industry, and representing repair stations on Capitol Hill and in the media.

Contact:
Jason Langford
Director of Communications
703 739 9543



More from ARSA

On Demand: Free Export Compliance Training from Williams Mullen

On Sept. 8, 2016, Thomas B. McVey, chair of the international section at Williams Mullen and resource for ARSA members, hosted a free webinar on export controls for repair stations. The…Read More

ARSA, Allies Take Voluntary Surrender Fight to Congress

On June 18, an ARSA-led coalition of aviation interests asked Congress to direct the FAA to reinstate the right of a repair station to voluntarily surrender its certificate. In its…Read More

Filler Adds Maintenance to FAA-EASA Conference

ARSA Managing Director and General Counsel Marshall Filler attended the EASA-FAA International Aviation Safety Conference in Brussels, Belgium from June 14-16. He also represented the association in the industry pre-meeting…Read More

ARSA, Industry Partners Help FAA Reconstruct Recordkeeping Guidance

On June 12, an ARSA-led coalition of ten industry partners submitted a complete rewrite of the agency’s proposed Advisory Circular 43-ARTS, “Use of FAA Form 8130-3 for Approval to Return…Read More

Hotline Highlight: You Can’t Be a Little Bit Pregnant

The hotline – ARSA’s premier member newsletter – contains news, editorial content, analysis and resources for the aviation maintenance community. All members should ensure they receive their edition the first week of…Read More
ARSA