ARSA RSS Feed ARSA LinkedIn
Contact Us Payment Portal

ARSA Suggests Changes to NTSB Certificate Review Actions

ARSA submitted comments to a notice of proposed rulemaking (NPRM) from the National Transportation Safety Board (NTSB) regarding the rules of practice in air safety proceedings. ARSA’s comments propose changes that would bring balance to FAA certificate actions by giving a repair station greater ability to defend itself in the face of agency actions, when appealed to the NTSB.

ARSA suggests that the board remove language from the existing rules requiring the NTSB law judge to assume the truth of the FAA’s allegations in an “emergency” action against a certificate holder. Challenges to the agency’s determination of an emergency are all but impossible due to the requirement. Since revocations have immediate effect, certificate holders deserve the ability to challenge the basis used to reach the conclusion that a matter is an emergency.

The Association also recommends changes to the FAA’s allegations of a “lack of qualifications,” when it comes to dismissing a stale complaint. In an FAA certificate action, an accused party can have allegations dismissed if the agency fails to take any action against the accused for more than six months, unless a lack of qualifications is alleged. As a result, the FAA can avoid a dismissal for staleness by simply including an allegation of lack of qualifications. To correct this issue, ARSA suggests that the NTSB simply eliminate a lack of qualification from precluding a dismissal for staleness.

If adopted, ARSA’s comments would bring justice to the NTSB adjudication process and provide a check on government bureaucracy.

~~~ posted 4/11/12 ~~~



More from ARSA

Report Shows Aviation Maintenance Connects U.S. Workers to Global Economy

Global trade in aviation maintenance creates jobs and business opportunities in every corner of the United States, a new analysis by ARSA shows. Florida, California and Texas top the list…Read More

Member Alert: New Association Management System

ARSA is transitioning to a new membership engagement tool. The “association management system” (AMS) will integrate with www.arsa.org through an online portal providing direct access for members to information, benefits…Read More

ARSA Joins Broad Coalition Urging Skills Education Reform

On June 14, ARSA joined more than 400 other organizations on a letter to Sens. Lamar Alexander (R-Tenn.) and Patty Murray (D-Wash.) urging swift action to reauthorize the Carl D.…Read More

AeroTEC Opens Doors and Congressman’s Eyes

U.S. Rep. Dan Newhouse poses between AeroTEC President Lee Human (Left) and Flight Test Center Site Manager Matt Davis. One of the best ways to educate elected officials about your…Read More

Summer* Briefing on EASA Technical Matters

On June 5, Marshall S. Filler, ARSA managing director & general counsel, represented the association at the bi-annual meeting of EASA’s Engineering and Maintenance Technical Committee (EM.TEC) in Cologne, Germany.…Read More
ARSA