ARSA RSS Feed ARSA LinkedIn
Ask ARSA Online Portal

ARSA Asks Supreme Court to Intervene on ICA Availability

Points out that federal agencies must recognize their own regulations

WASHINGTON, DC, June 11, 2012 – The Aeronautical Repair Station Association (ARSA) filed an amicus curiae(friend of the court) brief with the United States Supreme Court. In doing so, ARSA provided background for the Federal Aviation Administration (FAA) regulations requiring maintenance instruction availability, and pointed out that the FAA cannot ignore the plain language of those regulations. As a result, ARSA emphasized existing Supreme Court legal doctrine supporting Court intervention in the matter.

“The FAA does not have discretion in enforcing its own rules,” said ARSA Executive Director Sarah MacLeod. “ARSA is simply pointing out that a federal agency must follow its regulations and the federal courts must ensure that the public has redress when an agency choses to blatantly disregard its own rulemaking.”

ARSA’s concerns arise from the FAA’s ongoing neglect for the plain language of the rules, mandated by federal statute, requiring that design approval holders (DAHs) make technical information available regarding the performance of maintenance, preventive maintenance, or alterations. This requirement ensures that owners of aircraft and those servicing aircraft have access to the latest and most recent information for maintaining aircraft and are critical for guaranteeing flight safety.

Unfortunately, the FAA has ignored instances of noncompliance involving the unavailability of such maintenance information. This situation creates a dilemma for maintenance providers who are required to comply with the technical instructions. Without FAA enforcement, parties are left to argue commercial aspects in accessing such information, despite the clear regulatory requirements.

“The FAA cannot simply turn a blind eye to its own rules, especially those mandated by federal law,” ARSA notes in its brief.

To view ARSA’s brief, please visit http://www.arsa.org/files2/ARSAAmicusBriefICA-20120611.pdf.

###
ARSA is an Alexandria, Virginia-based trade association that represents aviation maintenance and manufacturing companies. Founded in 1984, the association has a distinguished record of advocating for repair stations, providing regulatory compliance assistance to the industry, and representing repair stations on Capitol Hill and in the media.

Contact:
Jason Langford
Director of Communications
703 739 9543

~~~ posted 6/12/12 ~~~



More from ARSA

Give EASA Feedback on Easy Access Rules

On Oct. 7, the European Union Aviation Safety Agency (EASA) released a survey seeking feedback on the usefulness of its Easy Access Rules, which it first produced in 2017 as…Read More

Beyond Benevolence with FAA Youth Task Force

On Oct. 8, the FAA convened the fourth public meeting of the Youth Access to American Jobs in Aviation Task Force. The session followed the task force’s usual format: updates…Read More

Hotline Highlight – Much to Report

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

Anti-Viral Measures

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

FAA Global Leadership Meeting Recordings Available

On Sept. 22 and 23, the FAA hosted its 8th Annual Global Leadership Meeting. The event focused on “Restart and Recovery” and was presented online; session recordings are available for…Read More
ARSA