2020 – Edition 2 – March 3

Table of Contents

Note: The order of material varies in hotline emails, but is always presented the same on this landing page. Readers scrolling through content on or printing this page will find it organized consistent with the table of contents.

2020 Annual Conference
Going Platinum
Good as Gold
ARSA Works
Legal Brief
ARSA on the Hill
Training
Membership
Resources
Industry Calendar

2020 Annual Conference

See it All

March 10-13, 2020 (Add to Outlook Calendar)
Washington, D.C. & Arlington, Virginia

The final days before ARSA’s 2020 Annual Conference have arrived. Whether you will be with the association and its allies in-and-around the U.S. capital city or following from afar, now is the time to map out what the complete schedule looks like. From the White House to Capitol Hill to back at the Ritz-Carlton, Conference week will keep everyone busy.

Event guide, agenda and resources can be found in the 2020 Conference Digital Companion; access will be provided to attendees.

Special thanks to…

Executive to Executive Briefings – March 10, 2020

9:30 a.m. | The White House

Participants will receive a briefing from relevant White House policy staffers on issues impacting aviation businesses.

11:00 a.m. | U.S. Department of Labor Office of Apprenticeship

John Ladd, Administrator, Office of Apprenticeship, U.S. Department of Labor

12:00 p.m. | Lunch at Airlines for America

Nick Calio, President & CEO, A4A

2:00 p.m. | U.S. Department of State

Hugo Yon, Deputy Assistant Secretary for Transportation Affairs

4:00 p.m. | U.S. Department of Transportation

David Short, Deputy Assistant Secretary of Transportation for Aviation and International Affairs

6:00 pm | Dinner with the ARSA Board of Directors

By special invitation for Platinum and Gold sponsors only.

9:00 p.m. | End of E2E Day

Legislative Day – March 11, 2020

Special thanks to…

Getting Around Capitol Hill – Map & resources from visitthecapitol.gov

Advocacy materials (Congressional Directories and Legislative Priorities) – Special thanks to…

7:30 a.m. | Registration and Breakfast

The Ritz-Carlton, Pentagon City
Diplomat Room
1250 South Hayes Street
Arlington, VA 22202

Special thanks to…

8:00 a.m. – 9:00 a.m. | Introduction & Overview Briefing

Diplomat Room

Christian A. Klein, Executive Vice President, ARSA
Brett Levanto, Vice President of Operations, ARSA
Alex de Gunten, ARSA 2020 Government Affairs Chairman and Business Development Officer, HEICO

9:00 a.m. | Departure for Capitol Hill (individual transportation)

10:00 a.m. – 10:30 a.m. | Legislative Briefing with House Aviation Subcommittee Staff

Rayburn House Office Building (RHOB)
Room 2167
45 Independence Ave SW
Washington, DC 20515

12:00 p.m. – 1:00 p.m. | Congressional Briefing & Luncheon

Longworth House Office Building (LHOB)
Room 1539
15 Independence Ave SE
Washington, DC 20515

Presentation of 2020 ARSA Legislative Leadership Awards to Rep. Brenda Lawrence (D-Mich.)

Release of 2020 Global Fleet and MRO Market Assessment

Steve Douglas, Vice President, Oliver Wyman CAVOK

ARSA’s Data & Advocacy Page – For information about this year’s assessment and other resources

2:00 p.m. | Legislative Briefing with Senate Aviation Subcommittee Staff (By Invite Only)

Location details provided to invitees directly.

4:00 p.m. – 5:30 p.m. | Symposium Registration Open

Ritz-Carlton Diplomat Foyer (To the right of hotel registration/concierge)
[Legislative Day attendees need not re-register.]

5:30 p.m. – 7:30 p.m. | Ice Breaker Reception

Ritz-Carlton Diplomat Room

Special thanks to…

Annual Repair Symposium – March 12, 2020

Special thanks for room keys, lanyards and general support for the entire week of activities to…

7:30 a.m. | Registration and Breakfast

Special breakfast thanks to…

The Ritz-Carlton, Pentagon City
Grand Ballroom Foyer
1250 South Hayes Street
Arlington, VA 22202

8:00 a.m. – 8:30 a.m. | Welcome and Introductory Remarks

Ritz-Carlton Grand Ballroom

Sarah MacLeod, Executive Director, ARSA
Christian A. Klein, Executive Vice President, ARSA

8:30 a.m. – 9:00 a.m. | Session 1: Keynote Address

Ritz-Carlton Grand Ballroom

Ali Bahrami, Associate Administrator for Aviation Safety, FAA

9:00 a.m. – 9:15 a.m. | Break

Special thanks for the break to…

9:15 a.m. – 12:30 p.m. | Session 2: Opening Salvo – Conversations with the Regulators

Ritz-Carlton Grand Ballroom

International agencies will provide updates on the regulations, policies and procedures governing the maintenance industry.

Gustavo Lima Carneiro, Civil Aviation Regulation Specialist, Airworthiness Department, National Aviation for Civil Aviation Brazil (ANAC)
Rick Domingo, Executive Director, Flight Standards Service, FAA
Thomas Mickler, Washington, D.C. Representative, European Aviation Safety Agency (EASA)
Jeffrey Phipps, Chief Operational Airworthiness, Standards Branch, Transport Canada Civil Aviation (TCC)
Michael (Dr. Mike) Romanowski, Director, Policy & Innovation Division, Aircraft Certification Service, FAA
Moderator: Marshall S. Filler, Managing Director & General Counsel, ARSA
Floor Host: Sarah MacLeod, Executive Director, ARSA

10:45 a.m. – 11:00 a.m (Approximate) | Break

Will be taken based on progress of the Opening Salvo discussion, which will continue until lunch.

Special thanks for the break to…

12:30 p.m. – 2:00 p.m. | Luncheon with Guest Speaker

Special luncheon thanks to…

Ritz-Carlton Plaza Ballroom

An internationally-recognized aviation lawyer provides insight into his association’s efforts to address problems with access to maintenance data and what its work means for (and demands of) industry.

Daniel Kanter, Assistant General Counsel, Global Competition/Antitrust, IATA

2:00 p.m. – 3:00 p.m. | Session 3: What’s Not Prohibited is Allowed – Regulatory Implications of Emerging Trends and Technologies

Ritz-Carlton Grand Ballroom

Unmanned aircraft systems, remote connectivity, big data or additive manufacturing: Buzzwordy “new” technologies are constantly ascending and descending the hype scale, causing business development excitement and occasional regulation panic. ARSA’s regulatory experts will lead discussion on how the association’s core principle that “what’s not prohibited is allowed” applies no matter what the excitement of the day.

Brett Levanto, Vice President of Operations, ARSA
Sarah MacLeod, Executive Director, ARSA

3:00 p.m. – 3:30 p.m. | ARSA Jeopardy

Host: Marshall S. Filler, Managing Director & General Counsel, ARSA

3:30 p.m. – 4:00 p.m. | Break

Special thanks for the break to…

4:00 p.m. – 5:00 p.m. | Session 4: Working for the Workforce

ARSA is an industry leader on workforce policy, military personnel transitions and civilian career development efforts. Learn about the association’s policy progress – and what it has learned throughout the effort – and how that knowledge translates into actionable resources and capabilities for the maintenance community.

John Ladd, Administrator, Office of Apprenticeship, U.S. Department of Labor
Mike Miller, Director of Private and Public Engagement, Defense Personnel and Family Support Center, DoD
Kevin Morgan, Manager, General Aviation Branch, Flight Standards Service, FAA
Moderator: Brett Levanto, Vice President of Operations, ARSA

5:00 p.m. 6:30 p.m. | Lufthansa Club Lounge Happy Hour

Ritz-Carlton Plaza Ballroom

Special thanks to…

Annual Member Meeting & Breakouts – March 13, 2020

8:00 a.m. – 9:30 a.m. | Annual Membership Meeting & Breakfast

Ritz-Carlton Salon III

ARSA’s president will overview the state of the association and update members on goals and priorities for the coming year. Order of events—

• Call to Order
• State of the Association
• Open floor for Questions
• Adjournment

W. Ian Cheyne, Chief Technical and Regulatory Officer, Dallas Airmotive & 2020 ARSA President

Special thanks to…

10:00 a.m. – 12:00 p.m. | Breakout Sessions

Breakout Session 1: Applied Workforce Session

Ritz-Carlton Salon I

An open and interactive session on ARSA’s activities related to workforce development and career pathways. The exchange will help your company create a specific plan to take advantage of the association’s resources and help its efforts continue.

Breakout Session 2: Committee Assignment Updates

Ritz-Carlton Salon II

An open and interactive review and discussion of ARSA’s direct engagement in industry and government stakeholder bodies. Get updates on ARAC’s Part 145 Working Group, the Safety Oversight and Certification Action Committee and EASA’s Engineering Maintenance Technical Committee, in addition to other bodies supported by the association.

12:00 p.m. | Conference Concludes

Going Platinum

Face Time Provided by Lufthansa Technik, Moog & Wencor

March 10-13, 2020 (Add to Outlook Calendar)
Washington, D.C. & Arlington, Virginia

Why do ARSA’s Annual Conference attendees make the trip? Why leave your home/office/workshop to go to any event? Personal interaction. While face time plays a key role in every part of the Conference week, the association is grateful to Platinum Sponsors Lufthansa Technik, Moog Aircraft Group and the Wencor Group for supporting it in very important ways.

Each sponsor’s commitment will facilitate opportunities for Conference attendees to interact directly with colleagues, government officials and key stakeholders.

Lufthansa Technik is a leading provider of civil maintenance and modification services. Learn more at www.lufthansa-technik.com.

Moog is a world leader in flight control systems and critical control products for both military and commercial customers. Learn more at www.moog.com/markets/aircraft.

Wencor has been a trusted partner in aerospace for more than 60 years, offering PMA design and development, CMM and DER repairs and an extensive network of distribution solutions. Learn more at www.wencor.com.

Moog will provide for Legislative Day’s (March 11) Luncheon, during which Oliver Wyman CAVOK will present this year’s Global Fleet & MRO Market Report and ARSA will recognize its 2020 Legislative Leadership Award winner.

Wencor will open the doors to the Ice Breaker reception on the evening of March 11. During the reception, attendees and special invited guests will turn the page from the executive and congressional engagement of Tuesday and Wednesday to the regulatory focus of Thursday and Friday.

Lufthansa Technik will allow the group to reconvene for its “Club Lounge” Happy Hour on March 12. The reception of event participants and speakers will allow everyone to process the day’s discussions and continue to explore regulatory and professional cooperation.

Each of these components of the Conference will be well remembered…and it certainly helps that all will provide something to eat and drink. See what participants will be doing when they’re not at lunches or receptions by reviewing the entire four-day schedule on the event page.

AeroKool, Coopesa & Getting Things Done

March 10-13, 2020 (Add to Outlook Calendar)
Washington, D.C. & Arlington, Virginia

ARSA’s Annual Conference serves many purposes, but is first and foremost a working week. Attendees will coordinate with industry colleagues, engage with congressional leaders and cooperate with regulatory officials.

This year, the association is grateful to Platinum Sponsors AeroKool Aviation Corporation and Coopesa, R.L. for supporting that work in two important ways. AeroKool’s support will make the grassroots engagement of Legislative Day (Wednesday, March 11) possible. The Coopesa-sponsored “digital companion” will ensure every attendee has the tools they need to make the most of every day of conference week.

Since 1959, AeroKool has earned a global reputation for quality in pneumatic heat transfer valves, pumps and environmental control units. Learn more at aerokool.com.

Coopesa has more than 57 years of experience providing of major maintenance inspections, modifications, upgrades, refurbishments and painting services for America´s airlines and leasing companies. Learn more at coopesa.com.

The support of these companies will be evident to everyone in attendance from March 10-13. The resources and opportunity AeroKool and Coopesa provide will surely follow those participants home and help continue the good work of the Conference. See what that work will look like by reviewing the entire four-day schedule on the event page.

Good as Gold

AEM, CRT & Informed Advocacy

March 10-13, 2020 (Add to Outlook Calendar)
Washington, D.C. & Arlington, Virginia

For the second year in a row, Aircraft Electric Motors and Component Repair Technologies have provided Legislative Day attendees with some very important reading material: congressional directories from AEM and legislative priorities brochures from CRT.

Aircraft Electric Motors was established in 1972 and has since provided the absolute best in the rewind and repair of all types of aircraft electrical components, while not competing with accessory shops or other customers it serves.  Learn more at www.aem.us.

Component Repair Technologies was founded in Mentor, Ohio in 1985. The company retains its innovative founding principles as the core its success.  Learn more at componentrepair.com.

Thanks to AEM and CRT for helping ensure Legislative Day attendees will be well prepared on March 11.

Hearty Meals from Delta TechOps & Columbia

March 10-13, 2020 (Add to Outlook Calendar)
Washington, D.C. & Arlington, Virginia

The Annual Conference always promises a “full plate” in terms of activity, information and engagement. Thanks to First Aviation Services, Columbia Helicopters and Delta TechOps, the 2020 event will also include full plates of breakfast and lunch.

A division of Delta Air Lines, Delta TechOps is a full-service aviation maintenance, repair and overhaul provider with more than 11,000 seasoned professionals system-wide. Learn more at www.deltatechops.com.

First Aviation Services, Inc. is a leading provider of repair and overhaul, rotables management and related engineering services to the worldwide aviation industry. Learn more at www.firstaviation.com.

From logging and construction to disaster relief and defense to forestry and firefighting, no job is too big or too tough for Columbia. Learn more at www.colheli.com.

Each of these three companies supports the association year-round. They attend events, actively participate in advocacy efforts, utilize online training, recruit additional members and provide insight to ARSA’s leadership team. Two are currently represented on the Board of Directors and none is a stranger to the Conference sponsor list.

This year, we can thank each of them for a hearty meal: Delta TechOps for breakfast on Thursday, March 12, which will kick off the Symposium portion of the Conference; First Aviation for lunch later that day, which will include a speech by IATA’s Daniel Kanter; and Columbia for breakfast on Friday, March 13, which attendees will finish while participating in ARSA 2020 President Ian Cheyne’s “State of the Association” address.

See what else will be on participant’s plates across the entire four-day Conference schedule – and what other companies have stepped up to support it – by visiting the event page.

Return to Top of Page

ARSA Works

Act Now

Association members, allies and industry colleagues must support ARSA’s current initiatives to improve aviation policy. Here’s your to-do list for March 2020 (click each page link for more information and instructions):

Get ready for the Annual Conference…

See it All

The final days before ARSA’s 2020 Annual Conference have arrived. Whether you will be with the association and its allies in-and-around the U.S. capital city or following from afar, now is the time to map out what the complete schedule looks like. From the White House to Capitol Hill to back at the Ritz-Carlton, Conference week will keep everyone busy.

Protect the industry from crippling congressional overreach…

Stand up against H.R. 5119

The information provided on the association’s “action center” is offered as a resource for industry members, policymakers, the media and others to provide information about the aviation maintenance industry, ARSA’s objections to the Safe Aircraft Maintenance Standards Act (H.R. 5119) and ways to support the association’s campaign to prevent the bill from becoming law.

Tell the FAA to end the unnecessary requirement for “current” maintenance data…

Support ARSA Rulemaking Petition to Limit “Current” Data Burden

On Dec. 23, 2019, ARSA submitted a petition for rulemaking to delete the last sentence of 14 CFR § 145.109(d). This sentence requires repair stations – and no other maintenance providers – to maintain libraries of “current” data, even when current data are not required for the work being performed; even when “current” data are wrong for the specifics of the work.

ARSA Remembers – Matt Zuccaro

On Feb. 26, Helicopter Association International announced the death of its Immediate Past President Matt Zuccaro. Zuccaro passed away on Feb. 25 – he was 70.

Zuccaro began his long career in aviation through teenage service in the Civil Air Patrol before joining the 7/17th Air Calvary flying helicopters as an Army helicopter pilot. He earned several commendations for his service in Vietnam. After completing his military service, Zuccaro continued his flying career and embarked on a series of roles supporting the broader rotorcraft community. He was a founding member of the Eastern Regional Helicopter Council and spent the past 15 years as president and CEO of Helicopter Association International.

An HAI member since the early 1980s, Zuccaro was elected to the association’s Board of Directors in 1987 and served as chairman in 1991. He was named president of HAI in 2005 and retired last month, working often with ARSA team members as his own staff coordinated on industry initiatives, hosted meetings at HAI’s headquarters building in Alexandria, Virginia and otherwise supported the shared needs of the aviation community.

“My tenure as president and CEO of HAI has been the highlight of my working life,” Zuccaro said in his farewell message in ROTOR Magazine’s Winter 2020 edition, highlighting his pride in contributions to aviation safety, career development and expanding the network of professionals supporting the industry. “Leading this association offered me the opportunity to pay back the industry that has provided me with a rewarding and fulfilling career.”

During HAI HELI-EXPO 2020 in Anaheim in January, Zuccaro was honored with the FAA’s Wright Brothers Master Pilot Award, recognizing his 50 years of professionalism and skill as a pilot.

“Matt’s dedication to the industry was impressive,” said ARSA Executive Director Sarah MacLeod. “His demand that safety remain first and for his pilot colleagues to ‘land the damn bird’ ensures the leadership he provided will leave a lasting mark on the helicopter sector.”

To read Zuccaro’s full obituary in The Journal News, which includes service information and a means to share memories of his life, click here.

HAI has set up a remembrance page through which industry colleagues can share memories, which can be found at www.rotor.org/about/matt-zuccaro.

GAO Workforce Report Can Be Resource for Industry

On Feb. 6, the Government Accountability Office (GAO) released the first in a series of reports mandated by the FAA Reauthorization Act of 2018 to study aviation industry and agency workforce, career development and training matters.

Additional Coordination and Data Could Advance FAA Efforts to Promote a Robust, Diverse Workforce
U.S. Government Accountability Office
February 2020
GAO recommended that FAA use its existing data and coordinate with other federal agencies to identify and gather information to measure progress and target resources toward its goal of promoting a robust, qualified, and diverse aviation maintenance workforce. FAA agreed with the recommendation.

The report was developed by direction of section 624 of the FAA reauthorization law, which had been championed by ARSA. In working with Congress to develop the relevant language, the association drew on its experience dealing with a confusing maze of government resources and the struggle to better organize data for tracking aviation maintenance personnel.

Picking up on its legislative instruction, the GAO produced a report that examines:

(1) What available federal data reveal about the FAA-certificated aviation maintenance workforce.
(2) How selected government agencies, educational institutions and businesses provide support and coordinate to develop the aviation maintenance workforce.
(3) The progress FAA has made in update its curriculum, certification and testing standards for mechanics.

The report team performed this work by analyzing available government data, chronicling programs and resources supporting aviation career development and interviewing/observing industry stakeholders. ARSA was among the 16 semi-structured interviews administered with employers, technical schools, unions, training organizations and other trade associations.

In general, the final report indicated that government-managed data for analyzing the aviation workforce is misleading. Information available through the FAA, Bureau of Labor Statistics and other organizations does not accurately portray the current state of maintenance employment, nor does it differentiate among and between the types of individuals, e.g., certificated vs. non-certificated, working in the industry. As a result, neither the government nor business community can accurately assess current employment, detect trends or prepare for future needs.

In addition to this analysis, the report reviews broad range of government programs and opportunities that can serve maintenance employment. It also makes – albeit subtly – key points that confirm long-standing arguments made by ARSA and its allies regarding the scope of the maintenance workforce stretching far beyond mechanic certification and the challenge of inter-industry competition for technical talent. It also provides direction to the government to improve its data analysis and strategically use its resources to support industry personnel needs.

“Both the federal government and other industries benefit from having a professional, trained and qualified workforce, and addressing aviation workforce needs is a shared responsibility among…different stakeholders,” the report’s conclusion said. “However, without strategically using or analyzing the data it has along with data other stakeholders collect, FAA will not have certain information it needs to target its resources or measure and improve progress toward its aviation workforce goals.”

In offering solutions, the GAO focused on the relatively-new FAA Workforce Steering Committee. The internal agency body presents “an opportunity to engage other federal agencies to explore potential data sources…and discuss ways to expand, diversify and strengthen career pathways for the aviation maintenance workforce.”

To review the full report, click here. ARSA will continue to work with the information provided by the GAO, engage FAA and work with other stakeholders to make good on the many workforce-related mandates that came out of the FAA reauthorization process.

ARSA Leads Industry Letter to Repair FAA-TCCA MIP

On Feb. 3, ARSA led an international coalition of 13 U.S. and Canadian aviation associations to deliver a letter to Transport Canada Civil Aviation and the FAA raising two issues requiring correction in the Maintenance Implementation Procedures (MIP) between the two agencies. Representatives of Canadian and U.S. maintenance organizations, airlines, other owners and operators, suppliers, and manufacturers joined in.

One provision, repeated five times in the MIP, prohibits everyone (even manufacturers) from developing or using maintenance practices, processes, or procedures not included in the manufacturer’s manual or Instructions for Continued Airworthiness. The other prevents Canadian owners and operators from using most FAA-certificated and appropriately rated foreign repair stations that are qualified to perform work on Canadian articles.

One day after the coalition’s letter was sent, TCCA advised that it “will be introducing changes that will resolve these concerns.” TCCA representatives are expected to brief the industry on the anticipated changes during the symposium portion of the ARSA Annual Conference on March 12 in Arlington Virginia.

To review the industry letter to TCCA and the FAA, click here.

For further description of the issues addressed in the letter, see this month’s Legal Briefs.

Final Documents/Your Two Cents

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.

To view the list, click here.

 Return to Top of Page

Legal Briefs

Editor’s note: This material is provided as a service to association members for educational and informational purposes only. It does not constitute legal or professional advice and is not privileged or confidential.

Pick All that Apply

By Sarah MacLeod, Executive Director

Since the introduction of MAG 7, the association has received inquiries regarding the “removal of the triple release” from the document’s language.

It has become evident that members of the international aviation maintenance community have jumped to confusion over the nature and extent of bilateral aviation agreements.

A bilateral is between two sovereign nations or regional authorities (e.g., EASA) and, unless specifically authorized in referenced documents, such as annexes or technical agreements, it only covers work performed in the respective territories of the signatories. With respect to the U.S./EU, a U.S.-based repair station can work on EU-nation registered aircraft only in America or in one of the recognized EU countries. The EASA certificate’s privileges do not extend to working anywhere else in the world.

Under the U.S./Canada bilateral, the article must be located in either the U.S. or Canada, unless it falls under the exception discussed in this month’s Legal Brief.

To issue a “triple release”, the “domestic repair station/approved maintenance organization” must ensure the bilaterals’ special conditions and home country’s regulations are met. All three aviation authorities have agreed that their respective Forms (the TCCA Form One/EASA Form 1 and the FAA Form 8130-3) can be used to indicate that the work was performed in accordance with the other two authorities’ requirements, provided the certification was in fact, true—that all bilateral requirements and special conditions were met.

For U.S. repair stations, there is no prohibition against certifying the work was performed in accordance with other certificates, such as Japanese or Mexican, etc., on the FAA Form 8130-3 when the appropriate box in Block 14a is checked – Other regulation specified in Block 12. Of course, the work would have to include any “mandatory” actions, such as those required by the applicable bilateral, ADs or airworthiness limitations issued by all referenced authorities. The analysis is equally true for Canadian and E.U. based repair stations when it comes to a “triple release.”

To help ensure compliance with multiple national aviation authorities, a flow chart can be developed that starts with the customer’s expectations on usage. Work performed for distributors is automatically limited to the maintenance organization’s certificates unless a bilateral exists that does not require the issuance of the “foreign” authority’s certificate, such as the one between the United States and Canada.

(1) What is the customer or aircraft’s state of registry?

(2) Where is the work being accomplished?

(3) Does the domestic country have a bilateral with the state (i.e., country) of registry?

What certificates does the repair station/approved maintenance organization hold?

From these questions, the regulatory slalom course can begin – for each state of registry, you either hold the appropriate maintenance approval (some states like Russia accept the FAA Form 8130-3) or you must work as a non-certificated source for the holder of the appropriate maintenance certificate.

Under the U.S. – EU bilateral, the slalom course for the U.S. repair station could look something this—

IS THE WORK BEING DONE ON EU-REGISTERED AIRCRAFT OR COMPONENTS FOR FITMENT THEREON?

ARE THE REPAIR STATION’S “WORK AWAY” PRIVILEGES INVOLVED?

IF YES—WHERE IS THE WORK BEING PERFORMED?

• • UNITED STATES – USE “DOMESTIC” WORK AWAY PROVISIONS
  • EUROPEAN UNION COUNTRY—USE AOG VERSUS NON-AOG and D-100 VERSUS NO D-100 DICTATES FROM THE MAG
  • OUTSIDE OF EUROPE and THE UNITED STATES—CANNOT BE DONE UNDER THE EASA FAA MAG DUE TO THE TERRITORIAL LIMITATION IN THE AGREEMENT—THEREFORE, MAY BE DONE ONLY UNDER THE FAA CERTIFICATE OR AS A NON-CERTIFICATED SOURCE FOR A “FULL-BLOWN” EASA-PART 145 AMO

Editor’s note: This material is provided as a service to association members for educational and informational purposes only. It does not constitute legal or professional advice and is not privileged or confidential.

Improving the MIP

By Joseph Corrao, Vice President of Regulatory Affairs

With a valid passport and a proper visa (if one is even required), modern travelers can hop on a plane pretty much anywhere, anytime and dine in another country at the end of the flight. It’s not yet that easy to perform civil aviation maintenance across national borders, but it can be, someday. ARSA wants to bring that day closer.

The closest thing today to seamless international maintenance is the bilateral relationship between the FAA and Transport Canada Civil Aviation (TCCA). The “Maintenance Implementation Procedures” (MIP) agreement between the FAA and TCCA, Revision 1 (June 14, 2019), “outline(s) the terms and conditions under which the FAA and TCCA can accept each other’s inspections and evaluations of FAA-certificated repair stations and TCCA [Aviation Maintenance Organizations (AMOs)], as well as FAA-certificated airframe & powerplant (A&P) mechanics and TCCA-licensed aircraft maintenance engineers (AME).” The goal is to “reduce redundant regulatory oversight without adversely affecting aviation safety.” The most succinct statement of this relationship is in 14 CFR § 43.17; reciprocal provisions are found in Canadian Aviation Regulations.

But even the best plans occasionally go awry. Upon close reading, ARSA Managing Director and General Counsel Marshall Filler and international colleagues found two issues impeding the close international cooperation envisioned in the MIP. Both were raised at the Maintenance Management Team (MMT) Industry Day meeting in Cologne, Germany in October 2019. One provision, repeated five times in the agreement, prohibits everyone (even manufacturers) from developing or using maintenance practices, processes, or procedures not included in the manufacturer’s manual or Instructions for Continued Airworthiness.

The other provision prevents Canadian owners and operators from using qualified FAA-certificated foreign repair stations not recommended by the manufacturer to perform work on Canadian articles. (This is an exception to the normal requirement that a Canadian article be located in the U.S. when the work is accomplished.) The restriction limits Canadians’ to the manufacturers’ repair stations or their preferred maintenance partners. In addition to reducing competition, it delegates FAA’s authority to determine repair station qualifications to the manufacturer.

ARSA organized an international coalition of U.S. and Canadian aviation representatives to bring these matters to the agencies’ attention. Thirteen civil aviation associations representing maintenance organizations, airlines, other owners and operators, suppliers, and manufacturers – in both Canada and the United States – joined ARSA’s effort.

One day after the coalition’s letter was delivered, TCCA advised that it “will be introducing changes that will resolve these concerns.” Agency representatives are expected to brief the industry on the anticipated changes during the symposium portion of the ARSA Annual Conference on March 12 in Arlington Virginia.

To review the industry letter to TCCA and the FAA, click here.

Return to Top of Page

ARSA on the Hill

Our Other Priorities

By Christian A. Klein, Executive Vice President

Key points this month:

• Preparing for Legislative Day on March 11
• The maintenance industry needs to press Congress on data availability, workforce development and regulatory consistency.
• Lawmakers will spend considerable time at home during election year, be prepared to get the right issues in front of them.

Regular “ARSA on the Hill” readers are by this point very familiar with the maintenance community’s two top legislative issues:

(1) Fully funding the new technician workforce development grant program for FY 2021.
(2) Preventing the enactment of the Safe Aircraft Maintenance Standards Act (H.R. 5119).

Since there’ve been no major developments on those key fronts, this month I’m focusing on all ARSA’s other legislative priorities for the coming year. This information should be particularly helpful for readers participating in ARSA’s 2020 Legislative Day on March 11.

Implementing and Funding FAA Reauthorization Mandates

In 2018, Congress enacted a new, long-term FAA authorization law to provide near-term certainty for the agency’s budget and enhance the quality of oversight. The legislation included several provisions to improve FAA operations and employee training, including updating aviation technician school curriculum standards (14 CFR part 147) and examining ways to enhance the value of repairman certificates. ARSA is urging Congress both to appropriate the funds necessary for FAA to do its job and to fulfill its legislative oversight responsibility and ensure that FAA implements the new law in a timely manner.

Consistently Enforcing FAA Maintenance Manual Rules

The FAA aggressively enforces the requirement that repair stations possess “current” versions of maintenance manuals (14 CFR § 145.109(d)) while the agency fails to enforce the regulation requiring design approval holders to create and make that same maintenance data available (14 CFR § 21.50(b)). As a result, many repair station small businesses face unnecessary administrative and financial burdens and loss of business opportunities. While ARSA’s efforts on the instructions for continued airworthiness (ICA) issue have traditionally focused on the regulatory arena, given Congress’s FAA oversight role, there’s an opportunity for lawmakers to encourage FAA to either enforce the rules consistently and fairly or to update them to relieve undue burdens on industry.

Improving Competition for Department of Defense (DoD) Maintenance Contracts

DoD can save hundreds of millions – if not billions – of dollars by more widely adopting commercial best practices. In 2018, ARSA succeeded in getting report language inserted into the National Defense Authorization Act directing DoD to improve competition for maintenance on DoD’s fleet of civilian derivative aircraft by more-readily accepting FAA approvals (e.g., Parts Manufacturer Approval (PMA) parts and Designated Engineering Representative (DER) repairs). ARSA believes that doing so will reduce maintenance costs, improve readiness, reduce bureaucratic duplication, and expand government contracting opportunities for small and medium aviation maintenance businesses. Unfortunately, DoD has not embraced the congressional directive. Congress must therefore continue to press DoD on this issue – whether through legislation or by exerting pressure through regular oversight.

Improving FAA Rulemaking and Enforcement Accountability and Due Process.

Sen. Jim Inhofe (R-Okla.) is a champion of FAA certificate holder rights. His Promoting the Launch of Aviation’s Next Era (PLANE) Act (S. 2198) contains several provisions proposed by ARSA to address problems at the FAA. Sec. 104 would mandate specific factors to be used by the FAA when deciding whether to act on a petition for rulemaking, require the agency to designate an employee to manage each petition filed, and direct the FAA to report annually on petition filings and dispositions. To end FAA’s practice of open-ended investigations, Sec. 105 would require the FAA to complete them within two years. Sec. 601 directs the FAA to reinstate the voluntary surrender of repair station certificates, thereby restoring due process and predictability for companies looking to adjust or shut down operations. The legislation contains several other provisions important to other industry stakeholders and supported by ARSA.

Updating Aviation Technician School Curriculum Standards

Sen. Inhofe is also taking the lead on legislation to force the FAA to update 14 CFR part 147), the regulation governing aviation technician schools. Curriculum standards are set by regulation and haven’t been updated since the 1970s. As a result, what students are taught is well out of step with industry needs. Although the 2018 FAA bill directed improvements, the FAA has been slow to act. The Promoting Aviation Regulations for Technical Training (PARTT) 147 Act (S. 3043/H.R. 5427) would require the FAA to more rapidly update the rule and provide schools with more flexibility about what, how and where they teach to better prepare students for careers in the 21^st century aviation maintenance industry.

Other Workforce Opportunities

Although ensuring full funding for new technician grant program is a top ARSA priority for 2020, other pieces of legislation are pending before Congress that would address the maintenance industry skills gap. Rep. Rick Larsen’s (D-Wash.) Promoting Service in Transportation Act (H.R. 5118/S. 3303) would authorize $5 million per year for five years for Department of Transportation public outreach campaigns to increase awareness about, among other things, aviation mechanic and technician careers. Similarly, Sen. Jim Inhofe (R-Okla.) and Tammy Duckworth (D-Ill.) recently introduced legislation (no bill number yet) to create a new National Center for the Advancement of Aviation (NCAA). Two of the NCAA’s primary purposes would be to support the development of aviation and aerospace education efforts and to serve as a forum to help develop and deploy America’s 21^st century aviation workforce. ARSA is strongly supportive of these and other workforce-related bills.

Investing in Airport Infrastructure

The American Society of Civil Engineers has given the nation’s airport infrastructure a grade of “D”. The Airports Council International has estimated that airports will require almost $100 billion for capital improvements over the next half decade. A long-time ARSA mantra about the maintenance industry is that “You Can’t Fly Without Us”. The same can be said for airports: without them, you can’t fly (or land!). Congress must look for fiscally responsible ways to expand America’s airport capacity to improve passenger mobility, enhance efficiency, and ensure the continued growth, safety and health of our aviation system.

Insulating the FAA and the Aviation Industry from Future Government Shutdowns

Because of the strict regulatory oversight regime for the maintenance industry, our members’ work is intrinsically intertwined with that of the FAA. More than three quarters (77 percent) of respondents to a 2019 ARSA survey indicated their operations were negatively affected by suspension of the FAA’s activities during the recent federal government shutdown. Delays in processing certificate applications, renewals and other approvals left repair stations, employees and customers in limbo. House Transportation & Infrastructure Chairman Peter DeFazio (D-Ore.) and Sen. Jerry Moran (R-Ks.) have proposed a bill (the Aviation Funding Stability Act (H.R. 1108/S.762) that would prevent the FAA from shutting down in the event of future appropriations lapses by temporarily funding itself from the Airport and Airways Trust Fund (the money would be paid back when the shutdown ends). Given opposition from appropriators (who want to keep control of federal purse strings), the legislation is unlikely to be enacted into law this Congress. Even so, taking about the bill is good way to help lawmakers understand how disruptive government shutdowns are for the aviation industry.

Given that 2020 is an election year, lawmakers will be spending more time back home in their states and districts courting constituents and less time in Washington, D.C. That means less time to legislate. However, if Congress decides to take up another aviation bill (e.g., to address certification issues identified in the Boeing MAX investigations), it’s possible that several of these issues be address. It’s up to us to make them a priority and ensure that Congress advance policy priorities to improve business conditions for repair stations. For information about what you can do to help, drop me a line at christian.klein@arsa.org.

ARSA Supports Effort to Create National Aviation Center

On Feb. 27, U.S. Sens. James Inhofe (R-Okla.) and Tammy Duckworth (D-Ill.) introduced a bill (S. 3360) to establish the National Center for the Advancement of Aviation.

The center would serve as a national, independent forum to facilitation collaboration and cooperation between stakeholders and related partners from all sectors of the industry. It would focus in particular on aviation and aerospace workforce development. The center’s work would focus on four key areas: STEM curricula, workforce development, economic and safety data and research, and cross-disciplinary collaboration.

On the same day, ARSA joined an industry-wide letter in support of the effort. The association also facilitated additional support from select member companies and allied organizations; the final submission included more than 130 entities representing hundreds of thousands of individuals, businesses, educational institutions and others involved in all segments of aviation and aerospace. 

“The [center] created by [S. 3360] would ensure the United States remains a global aviation and aerospace leader,” the letter said.

To read S. 3360, click here.

To read the entire industry letter, click here.

ARSA Urges Swift FAA Action on Workforce Priorities at House Hearing

In a statement submitted for the record for a Feb. 11 House Aviation Subcommittee hearing on aviation workforce issues, ARSA called on Congress to apply more pressure to the FAA to implement key parts of the 2018 FAA law.

“ARSA appreciates that the new law gave the FAA a sizeable ‘to-do’ list and that the agency is navigating an important and high-profile safety-related investigation,” ARSA Executive Vice President Christian A. Klein wrote in the statement. “However, given that neither the agency nor the industry can function effectively without well-trained and capable employees, we are frustrated by the FAA’s slowness in implementing key provisions of the law.”

ARSA’s statement highlighted several parts of the FAA law designed to address the shortage of maintenance technicians and other key aviation employees, including the new recruitment and training grant program, tasking the Aviation Rulemaking Advisory Committee to examine ways to improve repairman certification, updating part 147 (the regulation governing technician training schools) and improving FAA’s training of its own employees.

ARSA commended the subcommittee for making workforce a priority in the recent FAA law and for maintaining its focus in this area. “If properly implemented, the workforce mandates will do much to position the agency and industry for long-term success,” Klein said, adding that ARSA looks forward “to continuing to work with the subcommittee, the FAA and our industry partners to fulfill the law’s objectives.”

Testifying at the hearing were representatives from ARSA member companies Gulfstream and Delta Airlines, as well as the Aviation High School, Vaughn College for Aeronautics and Technology and Republic Airways. An initial round of speakers included Kate Lang, FAA senior advisor for aviation workforce outreach, and Heather Krause, GAO director of physical infrastructure issues.

During that first round of testimony, Rep. Dan Lipinski (D-Ill.) – who was a co-recipient of ARSA’s 2019 Legislative Leadership award for his efforts championing a maintenance workforce grant program – asked Lang about the FAA’s progress towards making those grants available. Noting that Congress has authorized and appropriated funds for the program, he asked if the agency would begin distributing money in this fiscal year.

“I can say categorically [the grant program] will be started this fiscal year,” Lang responded, noting the FAA is already in the process of performing the required administrative steps for standing up the program. “I will be a dog with a bone on any place where [the grant establishment process] is getting stuck.”

Overall, the hearing explored the general areas surrounding aviation workforce and career development that ARSA has been highlighting for years. The broad discussion included questions about increasing diversity, student engagement down to Kindergarten and the challenges of interindustry competition for technical skills. Considerable attention was given by committee members to the now long-overdue rewrite of rules in part 147 governing aviation maintenance technician schools.

ARSA’s full statement, which was distributed to all members of the House Transportation & Infrastructure Committee, is available here.

More information about the hearing from the hearing, including a recording and testimony information, is here.

Return to Top of Page

Training

Major Pain Over a Minor Issue

A primer on major/minor determinations. This session will review the regulations that govern the terms “major” and “minor” in the world of civil aviation repairs and alterations. Learn the regulatory facts and how to train your FAA inspector so this minor issue doesn’t become a major pain in the derrière.

FAA IA Renewal Course Acceptance Number: C-IND-IM-170830-K-010-003

On-Demand – Available Anytime

Click here to register and get access for 90 days.

Registration for an ARSA-provided training session includes:

• Unlimited access for 90 days to the recording made available after the live session is complete.
• A copy of the presentation and all reference material with links to relevant resources and citations.
• A certificate upon completion of the class, as well as any test material.

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.

FAA Announces Overhaul of IA Course Acceptance

In early February, the FAA confirmed that it would cease accepting new requests for Inspection Authorization course acceptance while the agency reviews and updates its policies related to IA renewal credit under § 65.93(a)(4). To compensate for the hold on new acceptances, all IA Refresher courses with an expiration date of Nov. 1, 2019 or latter will be automatically extended an additional 24 months beyond the expiration date as listed in the FAA Safety Program website “Maintenance Hangar” IA Renewal Course List. 

“The FAA policy of continuous improvement and federal law require the FAA to audit all FAA processes and procedures,” the agency’s announcement explained. “During the latest audit, we discovered the current FAA IA renewal/refresher training course acceptance and renewal process required revision due to a change in requirements. Subsequently, we are in the process of revising the application process for the IA refresher course acceptance and renewal program.”

What does this mean?

Primarily it means that ARSA’s existing list of online training sessions accepted for IA renewal credit will remain available until 2023 (the end of March – which denotes the end of the IA renewal year – is coming fast, see the accepted courses at arsa.org/ia-renewal). The association will also use the opportunity to continue its long effort to help the agency improve policies related to training, skill and knowledge development.

Individuals with questions are encouraged to contact the IA refresher team at 9-afs-iarefresher@faa.gov.

Regulatory Compliance Training

Test your knowledge of 14 CFR § 1.1 – Definitions and Abbreviations [selected definitions related to major/minor].

Click here to download the training sheet.

Return to Top of Page

Membership

ARSA Member Survey Distributed

ARSA’s annual member survey invitation has been sent to the email address of every primary contact. The message is subjected “ARSA Member Survey Invitation” and was sent from arsa@arsa.org with Vice President of Operations Brett Levanto’s signature on it.  On Feb. 25, Executive Vice President Christian Klein sent a follow message to all contacts from organizations that had not yet responded.

As of the publication of the hotline, 86 member companies had submitted responses and ARSA encourages all others to add their voice. To help, please ensure the invitation makes it to your primary contact and that it gets the attention it deserves.

The association’s annual member survey gathers intelligence on issues facing the international aviation maintenance community and its economic outlook. Responses improve the ARSA’s services and provide data to support advocacy on behalf of the global aviation industry. Please help by submitting…or stimulating your primary contact to submit on your company’s behalf.

(If you don’t know who the primary contact is, or don’t think the invitation got through, we can help.)

Quick Question – Coronavirus

International response to the spread of the coronavirus that emerged in Wuhan, China in December 2019 (identified by the WHO as COVID-19) has created constant, breathless news. Media outlets have reported on disrupted supply chains, major businesses have reported earnings impacts and global markets have responded with instability. On Feb. 24-25, the U.S. Dow Jones Industrial Average lost nearly 2,000 points in response to news of faltering efforts to contain the virus.

In response to inquiries from the U.S. federal government, ARSA is seeking assistance gauging the actual impact of the disease on the global aviation maintenance industry:

If the embedded survey does not appear/load, open the survey independently by visiting: https://www.surveymonkey.com/r/qq-coronavirus. 

Note: The survey below is in an embedded window and you may need to scroll down within the window to see/click the “Submit” button.

Click here to see what questions have been asked and answered…and keep a lookout for more.

For more information about this or any other question, contact Brett Levanto (brett.levanto@arsa.org).

Welcome & Welcome Back – New & Renewing Members

ARSA’s members give the association life – its work on behalf of the maintenance community depends on the commitment of these organizations. Here’s to the companies that joined or renewed in Feburary:

New Members (Member Category)

Heliblade, LLC, R01
MTU Maintenance Dallas, Inc., R02
Precision Turbine Services LLC, R01
Reliable Jet Maintenance, R03
The Mag Shop LLC, R01

Renewing Members (Member Category, Member Since)

Aero Tire & Tank, LLC, R01, 2012
Aerotech Engineering Consultants, Affil, 2016
Airborne Maintenance and Engineering Services, Inc., R06, 2010
Air-Cert, LLC, R01, 1990
Aircraft Armature Inc. dba TSA Rewinds Florida, Inc., R02, 2019
Aircraft & Component Technical Services, R01, 2009
All Nippon Airways Company, Ltd., Assoc, 2001
Carbon Component Tech Services, LLC, R01, 2019
Cobalt Aero Services, R01, 2012
Compressed Gas Systems, LLC, R02, 2012
Corporate Service Supply & Manufacturing, R01, 2016
Denton Aviation Consulting,inc, R01, 2015
EMC Aerospace Inc. dba Velocity Aerospace-NMB, Inc, R03, 2017
Helicopter Services, Inc., R01, 2019
Helimax Aviation, Inc., R04, 2019
Thomson Aerospace & Defense / Linear Motion LLC, R01, 2010
Lufthansa Technik AG, Corp, 2001
Mingo Aerospace, LLC, R03, 2005
Moog, Inc., Corp, 1997
The NORDAM Group LLC, Corp, 1984
Rolls-Royce On-Wing Services, R04, 2015
SAFRAN Power USA, LLC, R02, 2006
Turbine Controls, Inc., R04, 1988

A Member Asked…

Background: ARSA’s leadership led to the creation of a new grant program for the industry to use recruiting and training aviation maintenance technicians. Since the grant program was signed into law in 2018 as part of the FAA bill, ARSA has regularly fielded questions about the status. Here’s an example of one such recent question and the response.

Q: As mentioned on ARSA.org, I am contacting you for further information on how to apply for this grant program (arsa.org/grant-program) . We are an organization that provides training for the aviation maintenance workforce. Since this grant was approved by Congress at the end of last year, is there more information about how to submit an application?

A: As explained on the web site, while Congress did fully fund the program at $5 million for FY 2020 through last year’s appropriations process, the FAA has not yet established a mechanism to apply for grants or distribute money. However, based on comments made by an FAA official at a congressional hearing in mid-February, the program is on track to be up and running in the coming months. Keep checking the grant program action center page for updates on its progress.

In the meantime, to prepare for submitting an application, read the law (Sec. 625 of the 2018 FAA bill) to understand the types of activities for which grants will be provided. The law requires applications be submitted jointly by an aviation business or union, a school and a government entity. If you already have these partners, start conversations about joint activities; if you don’t have the required partners, now is the time to start finding them.

Member questions should be submitted through the inquiry system run through ARSA’s new online member portal. Members can use their portal access to submit inquiries by logging in through arsa.member365.com/sharingnetwork.

Make ARSA’s Voice Your Own: Advertise

ARSA has a menu of advertising opportunities for arsa.org, the hotline and the ARSA Dispatch. Take advantage of these great opportunities today to showcase your company, a new product or event. For more information go to arsa.org/advertise.

Stand Up for ARSA by Sponsoring

In order to provide world-class resources for its members, the association depends on the commitment of the aviation community. By sponsoring events and activities, supporters can help ARSA’s work on behalf of repair stations to endure.

Need a place to start? For information about opportunities, contact Vice President of Operations Brett Levanto (brett.levanto@arsa.org).

Return to Top of Page

Resources

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.

Brexit Resource Page

On June 23, 2016, citizens of the United Kingdom voted to withdraw from the European Union in a national referendum. After years of wrestling with the results of that vote, the separation has officially arrived.

H.R. 5119 – Contract Maintenance Under Attack

Help combat a bill introduced in the U.S. Congress that would disrupt the global aviation industry.

The U.S.-EU MAG

Keep up to date on ARSA’s analysis and resources related to the Maintenance Annex Guidance issued under the bilateral agreement between the United States and the European Union.

Industry News 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.

Industry Calendar

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 arsa.org/membership/join. For information about previous editions, submit a request through arsa.org/contact. 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.

© 2020 Aeronautical Repair Station Association