ARSA RSS Feed ARSA LinkedIn
Contact Us Payment Portal

ARSA Comments on FAA’s Interpretation of Duty & Rest Provisions

On June 14, ARSA submitted comments to the FAA’s “proposed” interpretation of duty and rest provisions for maintenance personnel. The agency’s new position effectively eliminates the language in 14 CFR § 121.377 that requires one day off during any seven consecutive days “or the equivalent thereof within any one calendar month”.

Although characterized as a proposal, the FAA had previously issued the interpretation on May 18, 2010. In fact, the FAA’s stated basis for requesting comments was ARSA’s December 13, 2010 letter calling for withdrawal of the new interpretation.

ARSA’s letter noted that the interpretation conflicted with earlier FAA interpretations, long-standing policy and the plain language of the existing rule. The association noted that the new interpretation was, in effect, rulemaking without public notice and comment required by the Administrative Procedure Act. The FAA responded that it would not withdraw the interpretation, but would instead seek comments before deciding to modify or rescind the May 18 interpretation.

ARSA’s latest comments point out that the FAA’s interpretation impermissibly creates a de facto new duty time regulation under the cover of interpreting an existing rule, and therefore circumvents the rulemaking process. As a result, the association again asks for withdrawal of the May 18 interpretation.

~~~ posted 06/17/11 ~~~



More from ARSA

ARSA Files Brief in Accountable Manager Litigation

On July 17, ARSA filed an amicus brief urging the Ninth Circuit Court of Appeals to reconsider the relationship between the regulatory responsibility of an “accountable manager” and his or…Read More

U.S. Signs Maintenance Agreement with Singapore

On July 12, the FAA signed and released the initial Maintenance Agreement Guidance (MAG) with the Civil Aviation Authority of Singapore (CAAS). The MAG details the agencies’ responsibilities under the…Read More

Online Training – Building a Positive Government Relationship

This session provides a roadmap for building a positive relationship with civil aviation authorities. It begins by describing the rules that should always be considered when engaging with aviation safety regulators,…Read More

2017 NextGen Awards – Celebrate Young Talent

ARSA’s commitment to building the aviation maintenance workforce of the future means celebrating the excellence of the men and women who already keep the world safely in flight. The association…Read More

[Updated] RCCB to Clarify Guidance on 100 Percent Replacement

Update: On July 11, the FAA responded via email to ARSA’s June 29 request for clarity on the ability of repair stations to replace 100 percent of an article while performing…Read More
ARSA