ARSA RSS Feed ARSA LinkedIn
Contact Us Payment Portal

ARSA Recommends Shedding Light on Federal Rulemaking Process

The law demands an open rulemaking process and the federal government must improve its procedures for incorporating materials by reference into regulations, ARSA told the National Archives and Records Administration on May 3.

ARSA’s comments were in response to a recent petition requesting changes to the way federal agencies are able to incorporate materials by reference when drafting regulatory mandates. Currently, when drafting a regulation, departments may incorporate by reference (IBR) materials that contain substantive requirements. However, there is no specific requirement that the referenced matter be publically available during the rulemaking process.

As the FAA frequently IBRs important manufacturer service information in draft Airworthiness Directives (ADs), this is an important issue for the aviation maintenance industry. Often, this material is not available to those without a relationship with the manufacturer; essentially “hiding” detailed information, making it all but impossible for all affected persons to comment on proposed rules and leaving those responsible for compliance in the dark until issuance and of a final rule.

“Wholesale adoption of unavailable materials precludes meaningful comment from those affected when an AD is proposed and results in uncertainty about compliance once the rule is issued,” said ARSA Executive Director Sarah MacLeod.

“ARSA believes that documents essential to compliance and enforcement must be available during all phases of the rulemaking process. ARSA’s members are directly responsible for strict compliance with public safety regulations and are in the best position to provide the substantive comments necessary for the agency to fulfill its obligations. But, they cannot provide those comments if they are left in the dark by use of materials that are not readily available,” said MacLeod.

~~~ posted 5/9/12 ~~~



More from ARSA

ARSA Remembers – Stewart Mercer (1938-2018)

Stewart Mercer. Photo courtesy the Mercer Family. Stewart Mercer, passionate aviation professional, community leader and world traveler, passed away on Aug. 12. He was 80. “The industry lost another of…Read More

Urging Senate FAA Reauthorization Action

On Aug. 15, ARSA joined 32 other industry organizations in delivering a letter to Senate leadership urging quick FAA reauthorization action. The Senate FAA bill (S. 1405) is on the…Read More

Repair Station Security Resources

On Aug. 15, ARSA released a Repair Station Security Fact Sheet as a resource for the media, policymakers and the general public understand the rules applicable to FAA-certificated maintenance facilities.…Read More

Another Parts Documentation Extension

Effective Aug. 7, the FAA again explained a repair station’s authority to inspect and issue FAA Form 8130-3 with a right-side signature for new articles received without documentation required by…Read More

FAA, Industry Connect on Remote Connectivity

On Aug. 7, the FAA confirmed it would finalize and publish the industry-produced draft advisory circular providing “guidance for using remote connectivity technology and tools.” “The Aircraft Certification Service (AIR)…Read More
ARSA