ARSA RSS Feed ARSA LinkedIn
Contact Us Online 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

Conference 2019 – Knowledge

Registration is officially open for ARSA’s 2019 Annual Conference. Make sure you’ve got the dates in your calendar (and that they are correct): March 12-15, 2019 in Arlington, Virginia and…Read More

ARSA Joins Effort to Limit Shutdown Impacts

Even as Congress worked to finalize an agreement to prevent another shutdown and fund the federal government through the end of September, lawmakers were considering ways to insulate the aviation…Read More

Hotline Highlight: Serving Through Surveys

The hotline – ARSA’s premier member newsletter – contains news, editorial content, analysis and resources for the aviation maintenance community. All members should ensure they receive their edition the first week of…Read More

Aviation Industry Urges Full Funding for New Workforce Programs

More than three dozen organizations representing a cross section of the aviation industry are urging the Trump administration to make aerospace workforce development a priority in the president’s 2020 budget.…Read More

Quick Question: “The Opening Salvo”

Each year during the symposium portion of ARSA’s Annual Conference, Managing Director & General Counsel Marshall S. Filler and Executive Director Sarah MacLeod moderate an “opening salvo” session on maintenance and…Read More
ARSA