Seeking Simplicity and Flexibility in D&A Recordkeeping
October 11, 2022
On Oct. 4, ARSA commented on the Department of Transportation’s Advanced Notice of Proposed Rulemaking (ANPRM) “Electronic Signatures, Forms and Storage for Drug and Alcohol Testing Records.” DOT sought information – through a series of 11 questions – on how best to amend current regulations in 49 CFR part 40 to authorize electronic recordkeeping. As it often does, the association provided the agency with a regulatory-based rationale for minimizing changes to existing rules while allowing the broadest possible range of options for those seeking to comply.
“ARSA urges the government to minimize or eliminate any limitations on methods for handling required records,” the association said. “Instead, the regulations should continue to focus on the information that must be documented and set standards for confidentiality in handling that data while remaining agnostic about technical specifics.”
The comments referenced the sections of part 40 covering content and delivery of required reports as well as the subpart on confidentiality. Based on a plain reading of the current rule, ARSA encouraged DOT that “allowing” electronic recordkeeping is less about changing the regulations than it is about understanding what’s possible under them. In its specific responses to the agency’s questions, the association repeatedly explained how the government should stay out of the details of each service agent or employer’s recordkeeping system.
“Providing flexibility to both service agents and employers ensures each entity may best serve its own business and operational needs. Providing choice in selecting recordkeeping methods…limits the cost burden of compliance by allowing companies to fulfill regulatory obligations in whatever manner is most efficient for their business,” ARSA said while repeatedly pushing back on DOT’s interest in specific system elements like confidentiality, authentication, non-repudiation, and file access. “The rules should maintain [substantive] focus and not add unnecessary heft for the sake of addressing logistical matters.”
DOT has begun the rulemaking process under congressional mandate that includes a February 2025 deadline. The executive branch often allows such timelines to lag and regulatory review can be an incredibly deliberate process. With at least a notice of proposed rulemaking (NPRM) and subsequent final rule publication still ahead, the agency has considerable work ahead of it.
Stay tuned to ARSA for updates.
To read the association’s complete comments, click here.
To review previous actions related to D&A rulemakings, review the content below and click here to search the website for all updates.
To see ARSA’s training sessions on D&A programs for repair stations, click here.
Previously updates on D&A rulemaking...
12/23/14 - FAA Announces Plans to Release D&A Testing NPRM in 2015
December 23, 2014
On Dec. 22, the U.S. Department of Transportation released its semiannual regulatory agenda, which includes the FAA’s planned rulemaking activity for 2015.
Of particular importance to the aviation maintenance industry, the FAA anticipates releasing its congressionally-mandated foreign repair station drug and alcohol testing notice of proposed rulemaking (NPRM) in the next calendar year. According to the unified agenda, the agency will analyze comments to the advanced notice of proposed rulemaking through February with anticipated NPRM release later in 2015. ARSA organized aviation industry views and submitted its own detailed comments before the July 17, 2014 deadline.
To learn more about ARSA’s activities on the proposed foreign repair station drug and alcohol rulemaking visit: http://arsa.org/?s=D%26A
Aviation Maintenance: Global Justice Defenders
July 17, 2014
WASHINGTON – A coalition of aviation trade associations spoke out on behalf of the international maintenance, repair, and overhaul market. While the matter at hand was drug and alcohol testing at foreign aviation repair stations, what is really at stake is international sovereignty, the health of the global aeronautical business community, and the safety of the flying public worldwide.
The groups, led by the Aeronautical Repair Station Association (ARSA) and including the Aerospace Industries Association (AIA), Airlines for America (A4A), the Cargo Airline Association (CAA), the General Aviation Manufacturers Association (GAMA), International Air Transport Association (IATA), the National Air Carrier Association (NACA), and the Regional Airline Association (RAA) submitted comments regarding the Federal Aviation Administration’s (FAA) Advanced Notice of Proposed Rulemaking (ANPRM). The ANPRM is the first stage of a process that could impose testing requirements on aviation maintenance providers around the globe.
Aviation repair stations have a substantial economic impact on communities throughout the United States and the world, yet few travelers think of maintenance technicians as they sit on the runway. In reality, every passenger in every aircraft takes-off and lands safely because of the dedicated effort of the highly trained men and women who maintain and repair their aircraft.
“What we’re really doing is asking the FAA to remember that good safety is good business,” said Daniel Fisher, vice president of legislative affairs for ARSA. “This is a solution in search of a problem, not a good-faith effort to protect the public. In the end, this rule would impose costs on businesses, their customers, and passengers worldwide while producing no additional safety benefit.”
The industry implored the agency to respect national sovereignty by adhering to congressional language requiring any such rule be “consistent with the applicable laws” of the countries impacted. However, this is more than a legal issue. The American imposition of testing requirements could damage bilateral aviation safety agreements (BASAs) and weaken the small businesses that are the industry’s backbone.
ARSA has also submitted its own detailed comments elaborating on congressional intent, national sovereignty issues, the importance of adhering to bilateral agreements, and protecting small businesses.
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ARSA is the only association devoted to the unique needs of the global civil aviation maintenance industry. We are dedicated to helping our member companies run their operations more efficiently and effectively, while continuing to ensure the safety of aircraft worldwide. To learn more about our dedicated work on behalf of both industry stakeholders and the flying public, please visit ARSA.org.
Take Action: An International Voice on D&A Testing
June 24, 2014
The FAA’s Advanced Notice of Proposed Rulemaking (ANPRM) is the first stage of a process that could impose drug and alcohol (D&A) testing requirements on aviation maintenance providers around the globe. International stakeholders must be heard; ARSA will help find their voice.
Congress mandated that any foreign D&A testing requirement be “consistent with the applicable laws” of the country where the repair station is located. The ANPRM therefore requests information regarding international drug and alcohol testing rules; the association has developed a government comment template and an industry comment template to facilitate the international community’s response to that request.
The ARSA team encourages industry and government organizations to:
- Review ARSA’s comment template and distribute to contacts at foreign CAAs and embassies.
- Review ARSA’s industry comment template and distribute to contacts at fellow maintenance organizations overseas.
- Submit comments on the Advance Notice of Proposed Rulemaking (ANPRM) to the docket by July 17: http://www.regulations.gov/#!documentDetail;D=FAA-2012-1058-0014.
- Continue open dialogue regarding the development of any testing rule and use ARSA as a resource.
ARSA’s Grand European Tour…In One Hour
June 10, 2014
On June 9, ARSA toured Europe to spread the word about the FAA’s Advanced Notice of Proposed Rulemaking (ANPRM) regarding drug and alcohol (D&A) testing at foreign part 145 certificated repair stations. Thanks to Washington’s centrality to international aviation issues, the team was able to “touch down” in multiple nations in one room.
ARSA’s D&A team briefed the International Aviation Assembly, a group of aviation-policy representatives from the embassies of 35 countries as well as delegates from EASA and the European Commission (EC), at the Royal Netherlands Embassy. The message was simple: international involvement in the ANPRM process is needed from both private industry and government organizations to prevent the imposition of burdensome final rule. In order to maintain respect for national sovereignty, protect the stability of international aviation agreements, and promote the growth of global business, the FAA needs to hear from the worldwide aviation community about the complexity and challenges of trying to mandate a “one size fits all” approach to drug and alcohol testing.
The ARSA team encouraged assembly members to:
- Continue open dialogue regarding the development of any testing rule and use ARSA as a resource.
- Work with their governments to determine applicable laws for drug and alcohol testing (may include transportation, workplace, or privacy laws, among others).
- Submit comments to the docket: http://www.regulations.gov/#!documentDetail;D=FAA-2012-1058-0014.
To see ARSA’s work on D&A testing, click here.
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