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

On Demand – FAA Training on China IPA

Click the image to register for the training session. On Jan. 17, ARSA hosted an online training session led by FAA personnel on the Implementation Procedures for Airworthiness (IPA) established…Read More

ARAC Officially Forming Working Group on Part 145

During its December 2017 meeting, the Aviation Rulemaking Advisory Committee (ARAC), of which ARSA has been a member since its founding, accepted a task to review and reconcile the regulations…Read More

Symposium 2018 – High-Level Access Through E2E Briefings

Registration is officially open for ARSA’s 2018 Executive to Executive Briefings, Legislative Day and Annual Repair Symposium. (Click here to learn more and register now.) The E2E This year, ARSA’s team…Read More

Eight ARSA Training Sessions Acceptable for IA Renewal Credit

Eight of ARSA’s on-demand training sessions have been accepted by the FAA for Inspection Authorization renewal credit under 14 CFR § 65.93. Each session is currently available for registration and…Read More

Unified Agenda Provides Insight into 2018 Rulemaking Priorities

On Dec. 18, the Trump Administration unveiled its Unified Agenda of Regulatory and Deregulatory Actions for 2018. The document provides insights about the priorities and planned actions of executive branch…Read More
ARSA