ARSA RSS Feed ARSA LinkedIn
Ask ARSA Online Portal

Court to Monitor FAA’s RFA Compliance

ARSA’s recent challenge regarding the FAA’s failure to perform a court mandated Regulatory Flexibility Act (RFA) analysis of its 2006 drug and alcohol rules has opened a new chapter. On April 13, 2011, the United States Court of Appeals for the District of Columbia Circuit issued an order directing the agency to provide updates to the court every 60 days outlining its progress toward completion of the required RFA analysis. The first status report is due May 31, 2011.

The court’s latest action follows its March 2, 2011 order – issued in response to ARSA’s petition for a writ of mandamus. That order instructed the FAA to explain why it had not performed the final RFA analysis mandated by the court in 2007 and to give reasons for the court to not issue the writ. In response, the FAA apologized for its delay and published a supplemental regulatory flexibility determination in the March 8, 2011 Federal Register as a basis for the court to not take action. Having satisfied the court’s demand to show cause, ARSA’s petition was denied.

The court’s latest ruling forces the FAA to report on its progress toward satisfying the earlier mandate to perform a full RFA analysis, but it lacks additional punitive measures against the agency.

The association is currently in the process of drafting a response to the FAA’s March 8 supplemental regulatory flexibility determination. Those comments will push for FAA accountability in meeting its legal obligations to accomplish a complete RFA analysis.



More from ARSA

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

EM.TEC Meeting Covers Brexit, Bilaterals and Pandemic Recovery

On May 4, ARSA Managing Director and General Counsel Marshall Filler represented the association at a remote meeting of the EASA Engineering & Maintenance Technical Committee (EM.TEC). EASA managers briefed…Read More

Hotline Highlight – Manual Transmission Comes Standard

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

Manuals & Tools

Tools for ARSA Members | RSQM Compilation | Order Form | FAQ The association provides model manuals, programs and supplements designed to assist companies with regulatory compliance. Each model or template has…Read More

ARSA Survey – Recovery Renews Workforce Concerns

In the wake of 2020’s unprecedented economic disruptions, the aviation maintenance industry is showing signs of recovery. ARSA’s 2021 member survey illustrates cautious optimism tempered by renewed concerns about the technician…Read More
ARSA