Support ARSA Rulemaking Petition to Limit “Current” Data Burden
On Dec. 23, 2019, ARSA submitted a petition for rulemaking to delete the last sentence of 14 CFR § 145.109(d). This sentence requires repair stations – and no other maintenance providers – to maintain libraries of “current” data, even when current data are not required for the work being performed; even when “current” data are wrong for the specifics of the work.
Three days later, FAA assigned ARSA’s petition to the rulemaking docket. The docket number is FAA-2019-1106 and it is now open for comment.
The association encourages its members to comment in support of the petition. To do so, access the docket on the Federal Register by visiting: https://www.regulations.gov/docket?D=FAA-2019-1106.
For background on the effort, review the content below.
More on the 'Current' Data Effort...
December 27, 2019
On Dec. 23, while the U.S. North American Aerospace Defense Command (NORAD) prepared to track Santa Claus’ Christmas Eve trek around the world, ARSA delivered a holiday present to another branch of the American government: a petition to eliminate language from 14 CFR § 145.109(d) requiring certain documents and data be “current and accessible when the relevant work is being done.”
In 2018, the association stimulated submission of a number of industry requests for exemption from § 145.109(d)’s “current” maintenance data requirements. By submitting those petitions, FAA-certificated repair stations set the stage for ARSA’s rulemaking request by applying pressure on the agency to uniformly apply both design and maintenance requirements in addition to aligning parts 145 and 43. As those maintenance providers are aware, the FAA does not require design approval holders (i.e., manufacturers) to make maintenance data available as they are required to by § 21.50(b). However, the agency aggressively enforces the requirement for repair stations to possess the most current version of those documents.
“The last sentence of section 145.109(d), applies only to repair stations, the vast majority of which are small-to-medium-sized enterprises,” ARSA’s petition said. “The requirement to maintain current and accessible documents and data irrelevant to the work performed provides no safety benefit. The costs cannot be justified and the unnecessary sentence causes substantial confusion and expense for the agency. The requested amendment of section 145.109(d) will eliminate needless and discriminatory burdens.”
To read the full petition, click here.
November 19, 2018
On Nov. 19, ARSA released a members-only toolkit providing a draft petition for exemption – and instructions for its submission – from the requirement under 14 CFR § 145.109(d) that repair stations have “current” manufacturer’s data available even when it is not needed and will not be used.
As many maintenance providers are aware, the FAA does not require design approval holders (i.e., manufacturers) to make maintenance data available as they are required to by 14 CFR § 21.50(b). However, the agency aggressively enforces the requirement for repair stations to possess the most current version of those documents. By submitting petitions, FAA-certificated repair stations will pressure the agency to uniformly apply both design and maintenance requirements in addition to aligning parts 145 and 43.
The association encourages its members to utilize the toolkit to submit a petition; the included draft requires minimal editing/update and is ready to be placed on company letterhead and delivered to the agency. Not only will the effort directly benefit each repair station by helping alleviate an unnecessary regulatory burden, it will also help ARSA develop a broader public policy case for removing the requirement from § 145.109(d).
To access the toolkit:
(1) Log in to the association’s secure online portal (arsa.member365.com). If you have not done so previously or have lost your credentials, enter the email address associated with your membership and follow the instructions for “Forgot Password?”
(2) From your member dashboard, select “Workspaces” from the top menu.
(3) From the workspaces page, select “Publications: Tools for ARSA Members” under the “ARSA Members” category.
(4) On the left side of the workspace screen, select “File Library.”
(5) On the file library page, select “Petition from Exemption from 14 CFR 145.109(d)” from the category drop-down.
(6) Click the filename “ARSA-145-109ExemptionToolkit-20181110.docx” to download the toolkit, which is in a Word Document format.
While ARSA leads the effort to eliminate the requirement, share your experiences regarding “current” maintenance data requirements through the following “quick question”: