2016 – Edition 12 – January 7
Table of Contents
Maintaining Momentum in 2017
By Brett Levanto, Vice President of Communications
Executive Director Sarah MacLeod once wrote “anything worth doing is worth doing again.” In that spirit, we remind ourselves ever year that whatever we do next, it must be rooted in our past. By building on success and learning from shortcomings, we get better every time around.
As we begin 2017, ARSA invites you to see just what it did over the past year. Below, after a few updates from December – we need to stay current, after all – you’ll see the pieces that best capture the issues that mattered in 2016. Each illustrates an important moment for the industry and underscores how this association works every issue on behalf of the maintenance community.
Each story will take you to the hotline in which it appeared. Peruse those editions and see what 2016 really meant for the men and women who keep the world safely in flight every day. Just don’t get caught looking back, the world can’t fly with us stuck in the past.
2017 Symposium – Check the Agenda, Register and Book Your Room
The agenda for ARSA’s 2017 Legislative Day and Annual Repair Symposium was posted on Dec. 15. See what’s scheduled for the maintenance community’s premier event, register and get your room at the Ritz-Carlton, Pentagon City (group code available).
Why is symposium attendance so valuable? Find out from 2014 attendees…
2017 Gold Sponsors
2017 Silver Sponsors
Trump Taps DHS, SBA Leaders
By ARSA Legislative Team
On Dec. 7, President-elect Donald Trump announced two cabinet selections that impact ARSA members, tapping retired general John Kelly to head the Department of Homeland Security (DHS) and World Wrestling Entertainment (WWE) executive Linda McMahon to run the Small Business Administration (SBA).
Once confirmed by the Senate, Kelly will be responsible for a massive bureaucracy employing more than 240,000 people worldwide, including the Transportation Security Administration (TSA). Since the 2014 release of the repair station security rule, both the TSA and DHS have an increased importance for aviation maintenance companies. ARSA’s Vice President of Legislative Affairs Daniel Fisher serves on the Aviation Security Advisory Committee, an industry panel that works with both agencies to improve operations and effectiveness.
ARSA also regularly interacts with SBA to ensure federal agencies comply with laws protecting smaller companies during the rulemaking process, such as the Small Business Regulatory Enforcement Fairness Act and the Regulatory Flexibility Act.
Both Kelly and McMahon must be confirmed before assuming their new positions; Senate hearings and votes are expected early next year on their nominations. Those interested in engaging with the new administration and the 115th Congress should register for the association’s 2017 Legislative Day.
ARSA Finds New but Familiar Territory at EASA Stakeholder Meetings
By ARSA Regulatory Team
On Nov. 29 and 30, ARSA’s Managing Director and General Counsel Marshall S. Filler and Executive Director Sarah MacLeod participated in two EASA-hosted maintenance industry stakeholder meetings.
The pair was in Cologne, Germany primarily for the November 30th meeting of the Engineering and Maintenance Stakeholder Technical Committee (E&M STeB). The association had announced during its Strategic Leadership Conference in October that it had been invited by EASA to join this body.
Composed of industry groups and other interested parties, the STeBs’ role is to provide strategic advice and guidance to EASA and its Stakeholders’ Advisory Committee (SAB) on a wide range of issues including regulatory standardization, risk management and safety assurance. ARSA’s membership further formalizes the association’s growing role in transatlantic regulatory compliance, which was previously demonstrated by its year-long leadership of efforts to deal with parts documentation issues in the U.S.-EU Maintenance Annex Guidance (MAG).
The E&M STeB meeting provided further details on EASA’s new structure for its stakeholder advisory groups, the status of ICAO’s efforts to encourage the mutual recognition of approved maintenance organizations and a recently-initiated survey (similar to an Advance Notice of Proposed Rulemaking in the FAA system) to review and revise EASA-Parts 66 and 147. The survey is seeking industry input in advance of EASA issuing a Notice of Proposed Amendment. The STeB attendees also received a briefing on cyber security issues and additive manufacturing (i.e., 3D printing), the latter focused the committee’s attention on the importance of adopting performance-based regulations since they are better suited to accommodate regulatory oversight of “new” technologies.
Filler and MacLeod made the most of their European travels by also attending EASA’s Maintenance and Production meeting on Nov. 29th at EASA headquarters. Agenda items included updates on EASA’s bilateral agreements, recently-adopted rulemaking on critical maintenance tasks, EASA’s new regulatory structure for managing continuing airworthiness issues and its plans for implementing regulations requiring Safety Management Systems (SMS) for holders of design and production approvals, maintenance organization approvals and maintenance training organizations. EASA reiterated its commitment to expediting Rulemaking Task 0018 dealing with parts documentation. There appears to be a consensus building among the robust regulatory authorities that the Form 1, Form 8130-3 and similar certificates are not needed in the vast majority of cases. ARSA is hopeful these changes will reduce the regulatory burdens associated with the installation of airworthy parts during the performance of maintenance subject to one or more bilateral agreements.
Of particular note, Julian Hall, EASA’s Head of Maintenance and Production (in the Flight Standards Directorate) will become the Deputy Certification Director, effective Jan. 1, 2017. On that date, Ralf Erckmann, currently Acting Deputy Certification Director, will replace Hall as Head of Maintenance and Production. These personnel changes are significant because they are intended, in part, to help EASA improve its communications between its Certification and Flight Standards Directorates (sound familiar?). This isn’t the first time that managers have made the switch between the two directorates but it is a welcome development for those, like this association, that prefer to view the regulations as a system rather than a series stand-alone requirements.
For Filler and MacLeod, it was a familiar experience – grappling with the universal challenges in implementation and consistency of aviation safety regulations. Just as the FAA struggles to enforce its rules across a vast network of regional and district offices in the United States, EASA must operate through and navigate around the pressures of member states spread across a continent.
As the only association dedicated to maintenance organizations, ARSA’s expanding global presence is key to its service of repair stations doing business in a worldwide market. Members should not only stay tuned for more updates as association executives travel the world on their behalf, but also be prepared to support efforts that expand ARSA’s work.
School’s In Session – ARSA’s Experts at Heli Expo
By ARSA Training Team
Going to HAI HELI-EXPO 2017 in Dallas, Texas? ARSA’s great regulatory minds will be there, and a front-row seat in their classroom is waiting for you.
Marshall S. Filler and Sarah MacLeod, the association’s foremost experts in regulatory compliance (and managing members of the firm of Obadal, Filler, MacLeod & Klein, P.L.C.) will be leading professional education courses at HAI HELI-EXPO. Register now to make the most of your time in Dallas and get to the head of class.
Though Filler and MacLeod’s are known for their zealous advocacy on behalf of maintenance organizations, their long experience with compliance issues makes their sessions substantially valuable to any aviation professional.
All three classes are approved for IA renewal credit:
Regulations 101 – Law for the Aviation Professional
Mar. 5, 2017 – 8:00 a.m. to 5:00 p.m.
Marshall S. Filler and Sarah MacLeod
This course offers an intensive and extensive overview of civil aviation safety requirements, including the creation of aviation safety laws and regulations, the authority and organization of the FAA, the responsibilities of industry, and how to utilize the Code of Federal Regulations to protect interests and maintain compliance.
Mar. 6, 2017 – 8:00 a.m. to Noon
Marshall S. Filler
This course provides instruction on the statutory provisions and FAA guidance governing public aircraft operations. It covers the basic requirements for an aircraft to be operated as a public aircraft, what constitutes an eligible governmental function, and the practical implications of using the same aircraft to conduct both civil and public operations. It also discusses the FAA policy regarding operations conducted under contract for a government entity
Regulations Affecting Aircraft Parts Purchase, Sale, Stocking and Installation
Mar. 6, 2017 – 1:00 to 5:00 p.m.
The course will review the civil aviation regulations in Title 14 Code of Federal Regulations (14 CFR) that impact the purchase, sale, receiving, stocking, inspection and installation of civil aviation articles for maintenance purposes. It will also overview other guidance as well as regulatory and contractual requirements that should be considered.
Can’t make it to Dallas? The association provides plenty of opportunity for you to learn from its experts. Click here to check out the constantly-expanding library of ARSA online training.
On Demand – First Session on D&A Testing Requirements
By ARSA Training Team
Marshall S. Filler’s extensive exploration of drug and alcohol testing requirements began with a Dec. 7 session on 14 CFR part 120. You can still catch the kickoff to this four-part series: The recorded session is available for immediate access.
Requirements of 14 CFR part 120
This session provides basic information on the Federal Aviation Administration’s drug and alcohol testing requirements contained in Title 14 CFR part 120, Drug and Alcohol Testing Program (full description available on registration page).
Remaining sessions in the series (bundle pricing available)…
Requirements of 49 CFR part 40
January 18, 2017 at 11:00 a.m. EST – This session provides information on the requirements of the Department of Transportation (DOT) set forth in 49 CFR part 40, Procedures for Transportation Workplace Drug and Alcohol Testing Programs (full description available on registration page).
Click here to register (bundle pricing available).
Traps for the Unwary
February 8, 2017 at 11:00 a.m. EST – This session provides information on avoiding many of the common drug and alcohol-related mistakes that can subject companies to enforcement action, typically in the form of civil penalties (full description available on registration page).
Click here to register (bundle pricing available).
Case Study: Testing Your Knowledge
February 22, 2017 at 11:00 a.m. EST – This session will test the participants’ knowledge of the drug and alcohol testing requirements in 14 and 49 CFR by presenting several hypothetical case studies (full description available on registration page).
Click here to register (bundle pricing available).
On Demand – The Tax Man Cometh
By ARSA Training Team
Two things are certain in life: death and outstanding training resources from ARSA’s management firm, Obadal, Filler, MacLeod & Klein, P.L.C. Learn from two of Washington’s leading small business tax lobbyists what you need to watch out for in tax policy.
The Tax Man Cometh – A Primer on Small Business Tax Issues
Comprehensive tax reform is poised to be a top priority in the 115th Congress. There are significant risks and opportunities for companies, particularly small-medium-sized businesses.
Registration for an ARSA-provided training session includes:
- Unlimited access for 90 days to the on-demand, recorded version of the webinar.
- A copy of the presentation and all reference material with links to relevant resources and citations.
- Upon completion of the class as well as any test material, a completion certificate.
The association’s training program is provided through Obadal, Filler, MacLeod & Klein, P.L.C., the firm that manages ARSA. To go directly to OFM&K’s online training portal, visit PotomacLaw.inreachce.com. To learn more about the association’s training program and see course availability, visit arsa.org/training.
D&A Testing – Requirements of 49 CFR part 40 – January 18, 2017 at 11:00 a.m. EST
Self Disclosure – The Elements – January 25, 2017 at 11:00 a.m. EST
The Trump Administration and the 115th Congress – February 1, 2017 at 11:00 a.m. EST
D&A Testing – Traps for the Unwary – February 8, 2017 at 11:00 a.m. EST
Self Disclosure – How to Avoid Self-Exposure – February 15, 2017 at 11:00 a.m. EST
D&A Testing – Case Study: Testing Your Knowledge – February 22, 2017 at 11:00 a.m. EST
Screening Room – A Soaring Reminder
By ARSA Communications Team
ARSA works every day to help remind the world of a simple fact: You can’t fly without us. The dedicated effort of the men and women chronicled in the association’s short, public television documentary serve as a powerful reminder that aviation safety depends on mechanics and technicians around the world.
But what happens when the world takes both of those concepts – aviation and safety – for granted? How do we remind each other what it means to live in the age of airplanes?
Filmed in 18 countries across all 7 continents, “Living in the Age of Airplanes” explores the countless ways aviation affects our lives. In a cinematically beautiful trip around the world, narrated by pilot and aviation enthusiast Harrison Ford, the film reconnects viewers to the miracle of flight by illustrating society’s reliance on it.
The documentary “One Six Right” celebrates the unsung hero of aviation — the local airport — by tracing the life, history, and struggles of an airport icon: Southern California’s Van Nuys Airport. A visual and musical ode to general aviation, the film dispels common misconceptions and opposes criticism of municipal airports and shares the romance of flying.
You Can’t Fly Without Us
Of course, once your guests are bursting with aviation enthusiasm, make sure they remember that without good mechanics, nobody takes off.
Find an excuse to curl up with a movie and remind yourself (and your friends) why our work matters.
This list includes Federal Register publications, such as final rules, Advisory Circulars and policy statements, as well as proposed rules and policies of interest to ARSA members.
2016 in Review
Each story will take you to the hotline in which it appeared. Peruse those editions and see what 2016 really meant for the men and women who keep the world safely in flight every day.
March 4: Doing an Aviation World of Good
ARSA is the voice of the international aviation maintenance industry, reminding governments, policymakers and the general public of a simple truth: you can’t fly without us. The Annual Repair Symposium is the association’s brightest showcase — a place where we can do a world of good.
July 1: International Connections
ARSA, along with almost every other aviation trade group, participates in international events like the FAA-EASA Conference to ensure the voice of aviation maintenance is actually heard and heeded. It would behoove every business entity to be present when global regulators are setting the “price of admission” to the international maintenance industry.
Nov. 4: From SLC to Symposium
The Annual Repair Symposium and Strategic Leadership Conference are the key points on the association’s calendar. ARSA’s team builds its yearly schedule around planning, preparation for and execution of each event, and you should, too.
April 4: 2016 Symposium – See What Happened
As the global maintenance community convened for ARSA’s 2016 Legislative Day and Annual Repair Symposium, Washington, D.C. became the capital of the aviation maintenance world.
Oct. 14: 2016 SLC – What Happened in Montreal
ARSA’s 2016 Strategic Leadership Conference arrived in Montreal on Oct. 5. Whether you were an on-site participant (thank you) or a distant observer, this is your portal to the maintenance community’s annual executive-level event.
May 6: Laundry List Compliance – An Unsafe Approach to Issuing and Enforcing Airworthiness Directives
In ARSA’s renewed challenge to the FAA’s position on second and third-tier documents incorporated by reference into airworthiness directives, the association addresses each argument provided by the agency in defense of its policy’s dubious legal foundation.
June 3: Continuing Regulatory Education – Instructions for Continued Airworthiness
Since its inception, ARSA has worked to ensure that basic safety information is made available to persons authorized by the regulations to perform the essential task of maintaining the world’s fleets. Regulatory Affairs Manager Ryan M. Poteet explores that history.
Sept. 2: Housing Requirements – Out with the Old, in with the Old?
Regulatory Affairs Manager Ryan M. Poteet describes the FAA’s recent clarification of housing requirements in part 145, highlights some familiar inconsistencies in the agency’s logic and notes that the whole process could have been a lot simpler.
ARSA on the Hill
Feb 5: FAA Bill Highlights Need for ARSA Member Engagement
Chairman Shuster’s long-awaited FAA reauthorization proposal has been introduced in the House. ARSA’s Vice President of Legislative Affairs Daniel B. Fisher reminds members that there is a long way to go before it becomes law; now is the time to get involved and tell Congress how the proposal will impact your company.
May 6: Senate FAA Bill Passes, McCaskill Amendments Defeated
On April 19, the Senate approved an 18-month FAA reauthorization bill with overwhelming bipartisan support. ARSA and its members succeeded in keeping two amendments filed by Sen. Claire McCaskill (D-Mo.) out of the approved legislation.
Dec. 2: Trump Election Creates Enormous Opportunities, Risks
At his best, President-elect Trump is a successful, entrepreneurially minded, free-market capitalist with broad business experience and decades of success. At his worst, he’s an elected leader with no experience in public service and little knowledge – or interest – in actual policy details. It’s time for the maintenance community to dive into the details and see how the new president and 115th Congress might address the issues that matter to repair stations.
April 4: IATA Files Formal Complaint in European ICA Investigation
On March 23, the International Air Transport Association announced it filed an official complaint in conjunction with the European Commission’s Directorate General for Competition’s investigation – which has been supported by ARSA – into alleged abuses of dominant positions by aviation equipment manufacturers.
Aug 5: GAO Again Misunderstands Foreign Repair Station Oversight
Unfortunately, the report released on July 28 is yet another attempt to scrutinize part 145 certificate holders located outside the United States to support false safety arguments.
Oct 14: FAA Accepts ARSA Form E100, Confirming Method of MAG Compliance
On Sept. 28, the FAA confirmed ARSA’s Form E100 as an acceptable method of compliance with U.S. and EASA requirements for inspecting certain new parts and that the form was consistent with agency guidance pertaining to the documentation required under the bilateral aviation safety agreement between the United States and European Union, as reflected in change 6 to the U.S.-EU Maintenance Annex Guidance.
Feb 5: Jobs Revolution Demands Congress Reform Skills Programs
U.S. Senator Mike Enzi (R-Wyo.) describes the technical workforce challenge and his involvement in efforts to reauthorize the Perkins Career and Technical Education Act.
May 6: Export Compliance: Challenges for Repair Stations
Thomas McVey, attorney at Williams Mullen and resource for ARSA members, continues his series on imports and exports with a review of ITAR requirements. Due to the large number of aerospace products subject to ITAR controls, repair stations must clearly understand the business implications.
Aug. 5: 2016 MRO Survey Performed by Oliver Wyman
In this year’s MRO Survey, Oliver Wyman – the firm that provides ARSA’s annual market assessment – examines technology and innovation, including how operators, repair stations and manufacturers are adopting, utilizing and investing in big data capabilities.
May 6: Instructions for Continued Airworthiness
Join ARSA’s Managing Director and General Counsel Marshall S. Filler for a three-part series on instructions for continued airworthiness. ICA has been a key focus of ARSA’s work on behalf of the maintenance community for decades – turn that experience into your benefit.
Aug 5: Contract Maintenance – Functions and Vendors
This session provides information on obtaining approval of maintenance functions and selecting and categorizing maintenance function vendors properly under 14 CFR part 145.
Oct. 14: Special Training Session – Complying with MAG 6
For more than a year, ARSA has been leading an industry wide effort to “smooth” implementation of changes 5 (and now 6) to the U.S.-EU Maintenance Annex Guidance. Take advantage of that experience and learn to utilize the association’s Form E100 as a method of compliance with new parts documentation requirements.
A Member Asked
Feb 5: A Member Asked … Cannibalized Parts
Under FAA and EASA regulations, when can a repair station use the seemingly popular industry practice of “cannibalizing” parts? Specifically in this case, removing a gear from one generator and install it in another that will be issued a dual release certificate.
April 4: A Member Asked … “Swapping” a Maintenance Release
What should a repair station do when it receives a request from a customer to “change” or “swap” a maintenance release for a previously repaired article to include additional information? The customer does not want to send the article back and requests the repair station either add the new information to the existing maintenance release, or swap the tag for a new one that includes the requested information.
June 3: A Member Asked … Using Part 65 Privileges
Is a company certificated under part 145 permitted to use mechanics exercising their part 65 privileges for work that is outside the repair station’s ratings?
ARSA strives to provide resources to educate the general public about the work of the association’s member organizations; should you need to provide a quick reference or introductory overview to the global MRO industry, please utilize AVMRO.ARSA.org.
AVMRO Industry Roundup
ARSA monitors media coverage on aviation maintenance to spread the word about the valuable role repair stations play globally by providing jobs and economic opportunities and in civic engagement. These are some of this month’s top stories highlighting the industry’s contributions.
You can explore these stories through ARSA’s Dispatch news portal.
MRO Latin America – Cancun, Mexico – Jan. 25-26
MRO Middle East – Dubai – Feb. 8-9
ATW Airline Awards – Singapore – Feb. 15
HAI HELI-EXPO – Dallas – Mar. 6-9
AEA International Convention – New Orleans, Louisiana – Mar. 13-16
ARSA Legislative Day & Annual Repair Symposium – Washington – Mar. 15-17
the hotline is the monthly publication of the Aeronautical Repair Station Association (ARSA), the not-for-profit international trade association for certificated repair stations. It is for the exclusive use of ARSA members and federal employees on the ARSA mailing list. For a membership application, please call 703.739.9543 or visit http://arsa.org/membership/join/. This material is provided for educational and informational purposes only. It does not constitute legal, consulting, tax or any other type of professional advice. Law, regulations, guidance and government policies change frequently. While ARSA updates this material, we do not guarantee its accuracy. In addition, the application of this material to a particular situation is always dependent on the facts and circumstances involved. The use of this material is therefore at your own risk. All content in the hotline, except where indicated otherwise, is the property of ARSA. This content may not be reproduced, distributed or displayed, nor may derivatives or presentations be created from it in whole or in part, in any manner without the prior written consent of ARSA. ARSA grants its members a non-exclusive license to reproduce the content of the hotline. Employees of member organizations are the only parties authorized to receive a duplicate of the hotline. ARSA reserves all remaining rights and will use any means necessary to protect its intellectual property.
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