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

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