ARSA Achieves Major Victory for Small Business
April 08, 2011
On March 1, 2011, a U.S. Court ordered the Federal Aviation Administration (FAA) to explain why the court should not issue a writ of mandamus that ARSA petitioned for on February 17, 2011. That writ would require the agency to issue, within 90 days, a final Regulatory Flexibility Act (RFA) analysis of its 2006 drug and alcohol testing rules. In the meantime, the writ would stay the applicability of those rules to subcontractor employees “at any tier.”
ARSA was compelled to file the petition for a writ of mandamus (a command from a court forcing compliance with an order) after the FAA failed to comply with a court mandate issued more than three years ago. That mandate required the FAA to perform a final RFA analysis of its 2006 drug and alcohol rules.
“This is a major victory for small business and establishes that the Regulatory Flexibility Act can have teeth,” said ARSA Executive Director Sarah MacLeod. “This ruling shows that agencies cannot flaunt the law without consequence.”
As a result of the the court’s order, the FAA published a Supplemental Regulatory Flexibility Determination in the Federal Register on March 8, 2011. The association’s initial review of the supplemental determination indicates that the FAA’s has simply redrawn its original conclusion—a final RFA analysis is not required since the rule has a minimal effect on small business.
“We are carefully reviewing the supplemental regulatory flexibility determination and will issue a robust and detailed response once we have processed the information,” said Craig Fabian ARSA’s vice president of regulatory affairs and assistant general counsel.
“ARSA will continue to pursue this case to ensure that FAA complies with its legal obligations and that the interests of small aviation maintenance contractors and subcontractors are considered in the rulemaking process,” Fabian said.
For more information and background on the history of the case, click here.
More from ARSA
Anti-Viral Measures
September 14, 2021 | Categories:
Advocacy, ARSA Works, Aviation Policy, EASA, FAA, Featured Post, Legislative, Maintenance, Operations, Regulatory, Training
For the use of its members and the larger aviation community, ARSA is maintaining this page as a resource for virus-related updates on policy initiatives and business needs. Please bookmark…Read More
DOT Announces $482 Million in Jobs Program Awards
September 14, 2021 | Categories:
Act Now, Advocacy, ARSA News & Updates, ARSA Works, Legislative, Press Releases, Regulatory
To keep tabs on all of ARSA’s work related to the current pandemic, visit arsa.org/anti-viral-measures.
On Sept. 14, the U.S. Department of Transportation announced it will offer $482.3 million in…Read More
A Veteran at Lifelong Learning – 2021 Scholarship Winner Fawn Carrington
In September, ARSA awarded its 2021 scholarship to Fawn Carrington of Tulsa Technology Center. Carrington is an Air Force veteran committed to aviation education for life. The grant is part…Read MoreHow’s Marshall?
September 07, 2021 | Categories:
ARSA News & Updates
ARSA Managing Director & General Counsel Marshall S. Filler spent August undergoing and recovering from not one, but two open-heart surgeries. The initial procedure included installation of a “bovine replacement”…Read More
