2023 – Edition 9 – October 5
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.
The President’s Desk
ARSA Remembers
ARSA Works
Conference Corner
Legal Briefs
ARSA on the Hill
Aviation Life Calendar
Training & Career Development
Membership
Resources
Industry Calendar
The President’s Desk
Showing Well
Twelve hotline editions ago, I began my year as ARSA’s president with the promise to encourage proactive member engagement on the issues that matter to the maintenance industry.
That chosen focus was the product of my own evolution as an engaged ARSA member. From a stint as ad-hoc government affairs chairman to taking a seat on the board of directors, I learned to balance my business’ policy interests with the broader needs of our professional community. This association is the venue for that balance.
“I plan to help expand [my predecessor Terrell Siegfried’s membership focus] to include all the ways ARSA empowers industry to take action for the collective good,” I said last October. “The association’s magic is turning a chorus into a singular voice, one that calls out for improvements benefitting all maintenance providers.”
Looking back over the year, my commitment showed in key ways:
(1) Showing up. The Annual Conference is the focus of the association’s first quarter. With good reason, the four-day event provides venues for connection with American lawmakers and executive leaders, regulators from around the world, and colleagues from across aviation. As I noted in the leadup to the event, my “state of the association” presentationwas “just a snapshot of everything being done on our behalf by the ARSA team.” Be there next March to underscore all of the things we do on our own behalf.
(2) Showing courage. The theme of that first hotline editorial was central to our spring and summer tracking of American congressional action (then inaction) to reauthorizing the FAA. In addition to encouraging advocacy with elected officials, I channeled ARSA’s core spirit of “independent and bold” compliance. For the sake of our personal and professional lives, “just because a person with power or a guidance document ‘says so’ does not make reality.” In the coming year, let’s go deeper in our support for sensible, performance-based standards.
(3) Showing off. Just before my presidential term began, the board accepted the ARSA team’s recommendation to completely take over its periodicals. From newsletter distribution to advertising management, the association was entirely in control of its public face for the first time in a decade. The returns have been positive: Contact lists are clean, and advertisers transitioned smoothly into the new system –investments are directed to the people who work on our behalf. “Advertising with ARSA is about more than just selling,” I said in June. “It demonstrates belief in quality and safety, a commitment to commonsense compliance, and intelligent business acumen.” We demonstrate our belief by ensuring ARSA’s communications get to all contacts in member companies, highlighting the suppliers or partners advertising with the association: Consider an investment of your own.
This “farewell” address – though I’m ending my presidential term, I remain on the board – is good cause for reflection on the past year. Looking back means looking ahead, which demands renewing our commitment to the collective good work of this association, its team, and members.
Let’s show one another what we can do.
Review what came across “the president’s desk” during Josh’s term…
October 2022: Taking Charge Not Taking Over
ARSA’s 2023 President Josh Krotec shares a key lesson he’s learned supporting the association: Members serve the industry best when they take charge of their own issues.
November 2022: Taking the Time
ARSA President Josh Krotec didn’t expect an aviation career would mean spending so much time in Washington, D.C. Having fully embraced that reality, he shares some of the key lessons ARSA has helped him learn while engaging in the nation’s capital.
December 2022: Always Going
ARSA 2023 President Josh Krotec encourages members to read this “end of year” edition while considering how ARSA’s ongoing work.
January 2023: Executive Eye Opener
While a full day of meetings might evoke a sense of despair, the Annual Conference brings something different to the association’s most-committed members during the Executive to Executive Briefings.
February 2023: State of the Conference
Two weeks ahead of his “state of the association” address at ARSA’s Annual Meeting, 2023 President Josh Krotec puts that speech in context of the everything done by and for the aviation maintenance community.
March 2023: State of the Association
During ARSA’s Annual Member Meeting, ARSA President Josh Krotec provided members an update on the state of the association.
April 2023: What Matters
An impactful ARSA member is independent and bold in terms of regulatory compliance. It’s very American, in a way: A seemingly adversarial relationship with rules and the entities that enforce them is an important cultural identity and makes for a good certificate holder.
May 2023: Avoiding Cliffs
American lawmakers negotiated out of a debt ceiling crisis of their own making. With four months left until the expiration of the FAA’s current authorization, ARSA members must support the association’s efforts to include high-level policies in the new law.
June 2023: Ad(d) Value
ARSA members have already reaped several benefits since the board approved the “big takeover” of the association’s communications. It is time to expand those benefits by improving advertising value.
August 2023: From Cost to Investment
Costs that turn into investments are those that provide a return in either time or money. Membership in ARSA is insurance that also provides an immediate return on investment.
July 2023: Nothing New
The U.S. Congress is working through the fraught process of building legislation to authorize the FAA and none of the wrangling is new.
 |
Josh Krotec 2023 ARSA president | First Aviation Services, Inc. senior vice president |
ARSA Remembers
David Heymsfeld (1938-2023)
By Marshall S. Filler, Managing Director & General Counsel
David was a guiding light to those who knew and worked with him. He helped ensure that civil aviation legislation was well-drafted and, to the extent he could (since he didn’t have a vote), based on sound public policy. Among his other duties, he would explain pending legislation during Subcommittee and full Committee markups (i.e., amendment sessions), answering questions from Members of Congress on what a particular section of a bill or a proposed amendment would or wouldn’t do.
Drafting legislation is a true collaborative effort. A committee’s professional staff works closely with the Office of Legislative Counsel to be sure the laws reflect the intent of the committee and use consistent structure, organization, definitions, and precise language throughout. Make no mistake about it; legislative drafting is an art!
David and I worked together for several years on the House of Representatives’ Aviation Subcommittee when Ronald Reagan was President. As Sandy pointed out, one of David biggest contributions to aviation was the passage of the Airline Deregulation Act of 1978. When I joined David on the professional aviation staff the following year, I experienced his abiding interest in good government firsthand. He was a policy wonk in the truest sense of the word. He knew most things weren’t black or white, but nuanced shades of gray. He thoroughly enjoyed the policy discussions that evaluated the potential effects of pending legislation. The concept of good government is lost on many these days and dedicated civil servants like David don’t get the recognition they deserve. His intelligence and sense of fairness was certainly recognized by those who regularly worked with him, and aviation is far better off for his many contributions to our industry.
ARSA Works
Trust Your People, Not Paperwork
By Christian A. Klein, Executive Vice President
In August, the European Union Aviation Safety Agency (EASA) notified industry that AOG Technics, a United Kingdom-headquartered company, distributed “several” CFM56 engine parts with falsified Authorized Release Certificates. The actual number of affected parts is apparently in the thousands. The FAA issued its own unapproved parts notification against AOG Technics on Sept. 21, bringing the issue to the attention of U.S. media and sparking a frenzied review by operators. ARSA has been fielding calls from reporters ever since.
This episode underscores the problem of prioritizing paperwork over technical know-how. Misimpressions about the EASA Form 1’s infallibility have taken hold in industry and in the public mind. Reuters, for example, said “[a] release certificate is akin to a birth certificate for an engine part, guaranteeing it is genuine.” (Emphasis added.) It clearly doesn’t. AOG Technics allegedly created counterfeit forms that appeared genuine. Ultimately, it was a mechanic at TAP Air Portugal who identified the problem when comparing the purportedly new part to the fake form.
The allegations against AOG Technics suggest a vast conspiracy to defraud. While the FAA can refer cases to the Department of Justice for criminal prosecution, EASA must rely on law enforcement authorities in EU member states. Overreliance on paperwork paired with a lack of clear consequences have left a gap crooks can exploit. As the Wall Street Journal wrote, “The incident … poses questions about the efficacy of the pre-dominantly paper-based system used to track parts and the ease of fabrication.”
Governments may run on paperwork, but the last line of defense in aviation safety is still what it always has been: a trained and conscientious technician, not a piece of paper.
Encouragement & Reality for Part 65 Petitioner
On Sept. 5, ARSA commented on a petition for exemption from the qualifications for a mechanic’s certificate defined in part 65 subpart D. The association applauded the petitioner’s commitment to aviation but cited the practical reality of the qualifications upheld by the rules.
Gregory Kruse lost his sight in a 2021 car accident. A private pilot with self-professed dreams of commercial aviation, Kruse has pivoted his ambition to aviation maintenance. In May, he submitted his petition for exemption from the § 65.71(a)(2) requirement that a person must “read, write, speak, and understand the English language” to be eligible for a mechanic certificate.
ARSA’s comments noted that Kruse can already meet the English language requirements of the cited paragraph. There are no regulatory limits on the reading aids, like prescription glasses, available to certificate holders. Whatever tools he chooses to support his text comprehension would constitute reading English. An exemption from this portion of the rule is unnecessary.
The association explained it instead would be necessary for Kruse to be exempted from § 65.79, which requires “demonstrating…the skill elements…contained in the Aviation Mechanic General, Airframe, and Powerplant Airmen Certification Standards.” Such a petition should not be granted. Meeting this standard is not only a challenge in comprehending written regulatory standards but also understanding complex technical instructions, drawings, and other data necessary in performance of work that itself demands visual acuity.
“Applicants must demonstrate, and certificate holders must maintain, the capability on a multitude of skills,” ARSA’s comments said. “The strictness and variety of the Standard’s demonstrations ensure the individual holds the basic knowledge as well as the physical skills and mental capability to find and appropriately rectify multiple and assorted technical issued during aviation maintenance.”
From detailed visual inspections required by airworthiness directives to supervision of others’ task completion, the comments explain a mechanic must be capable of confirming and certifying the satisfactory performance of work. Highlighting Kruse’s point about needed checks and balances in technical employment, ARSA concluded: “[The] mechanic is the check and balance that assures ‘everyone is doing their job correctly.’”
The regulatory standards for mechanic competency must be upheld, but ARSA also recognizes Kruse’s commitment to the industry despite a significant personal setback. In his petition, Kruse stated: “My passion is still heavily in the aviation field and should not be held back simply because I am blind.”
The association agreed but has encouraged him to expand his thoughts about potential careers beyond individual certification. Its comments concluded there are hundreds of other jobs that would allow Kruse to pursue a fulfilling career in aviation. In her message directly to Kruse, which ARSA Executive Director Sarah MacLeod sent along with a copy of ARSA’s comments, she applauded his determination to find a way no matter the odds.
ARSA stands up for the plain language standards of the rules, supports creative approaches to compliance, and is available to help anyone interested in an aviation career explore job opportunities consistent with their abilities. To see the association’s resources related to aviation careers, visit avmro.arsa.org/careers.
To visit the FAA’s docket for the petition, click here.
To read ARSA’s comments, click here.
ARSA Training – Part 65: Getting a Mechanic’s Certificate
This session reviews the requirements of 14 CFR part 65 subpart D, which concerns aviation mechanics. It walks through the requirements for an individual to apply for a mechanic’s certificate, then defines the privileges and limitations bestowed on that individual by his or her certificate. Finally, it covers the enhancements to a mechanic’s privileges produced by obtaining Inspection Authorization.
Instructor: Sarah MacLeod
Click here to register and get access for 90 days.
Digitalization Survey to Instruct International Regulators
ARSA has partnered with several industry allies in conducting an aviation digitalization survey. Member companies are encouraged to participate.
The survey seeks feedback from maintainers, manufacturers, operators, lessors, and others regarding current practices and regulatory issues associated with the digitalization of information. It is being conducted by ARSA and the other associations that participate in the Maintenance Management Team (MMT), a coordinating body of four leading aviation authorities (FAA, EASA, ANAC Brazil, and TCCA).
The MMT is investigating how to promote broader use, acceptance, and availability of digital data and records. The authorities have established a working group to consider a quadrilateral approach to the use of digital data and records. The industry representatives have also established their own working group to provide the end user perspectives. Developed by MMT’s Digitalization Industry Working Group, the survey solicits feedback regarding the challenges and recommendations for improvement to meet these objectives.
Responses will be compiled into a broader summary delivered to multiple civil aviation authorities to identify regulatory barriers and provide recommendations for improvement. Individual responses and data will not be shared outside the associations sponsoring this survey.
The survey will close on Oct. 15, 2023.
To take the survey, please go to https://www.surveymonkey.com/r/AviationDigitalizationSurvey. Individuals from larger organizations should coordinate with colleagues to ensure a single submission.
If you have questions, please contact ARSA Executive Vice President Christian A. Klein.
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.
Click here to access a PDF copy of the list.
Conference Corner
A Little Tease…of the Agenda
March 12-15, 2024
Registration Coming December 2023
Arlington, Virginia and Washington, D.C. with Livestream Options for Online Participants
Experience the maintenance community’s premier event. Join ARSA members and invited guests from around the world to engage governments, network with peers and improve the state of the aviation world.
Event Information
Executive to Executive Briefings: Tuesday, March 18, 2025
Participation by industry executives with senior executive branch officials is limited to annual conference sponsors at the Administratium, Platinum, Gold, or Silver levels. In past years, meeting participants included representatives from the U.S. Departments of Commerce, Defense, Labor, State, and Transportation as well as the fellow trade associations and industry interest groups.Legislative Day: Wednesday, March 19, 2025
The day dedicated to educating both the aviation maintenance industry and elected officials. Learn (or brush up) on what ARSA does and what you can do so you're ready for afternoon visits with targeted Capitol Hill legislators and staff.Annual Repair Symposium: Thursday, March 20, 2025
The centerpiece of Conference week, ARSA convenes a full day of substantive panel discussions covering key regulatory compliance and business issues. After the keynote address, regulators from across the world join the full-morning "Opening Salvo" conversation, followed by lunch and an afternoon of practical regulatory and business discussion.Member Day: Friday, March 21, 2025
ARSA's leadership briefs members on the state of the association as well as goals and priorities for the coming year. Participants then close out the event by participating in breakout and/or training sessions focused on key aerospace topics. The Conference ends by 12:00 p.m. EDT.In-Person
All substantive and social activities were hosted at the Ritz-Carlton, Pentagon City in Arlington, Virginia. Legislative Day participants will head to Capitol Hill for meetings with congressional offices as appropriate.
Livestream
The majority of Conference events will be available to livestream viewers via a Vimeo web-player embedded into a page on ARSA.org. All in-person registrants will be able to name a "Conference Ambassador" as a contact to access the livestream and bring the event back to their home facilities. Paying registrants for livestream access may share with multiple company contacts. Livestream participation will include a mechanism for submitting questions to onsite personnel.
Pricing
| Executive to Executive Briefings | ||||
| Open to Administratium, Platinum, Gold, and Silver-level sponsors. | ||||
| Legislative Day – Wednesday, March 19 | ||||
| Members | Non-Members | |||
| First | Additional | First | Additional | |
| In-person | $400 | $360 | $600 | $540 |
| Livestream Free with in-person registration. | $400 | $600 | ||
| Symposium – Thursday, March 20 | ||||
| In-person | $900 | $810 | $1,250 | $1,125 |
| Livestream Free with in-person registration. | $900 | $1,250 | ||
| Legislative Day & Symposium Bundle | ||||
| In-person | $1,100 | $990 | $1,500 | $1,350 |
| Livestream Free with in-person registration. | $1,100 | $1,500 | ||
| The Super Bundle (Silver Sponsorship, E2E, Legislative Day, & Symposium) | ||||
| In-person | $4,200 | $4,500 | ||
| Livestream Free with in-person registration. | ||||
| Member Meeting & Training/Breakouts – Friday, March 21 | ||||
| In-person | Free with Symposium registration. | |||
| Livestream | ||||
(2) Registration fees may be waived for government personnel, members of the media, speakers, and other support personnel or special guests upon approval by the ARSA event team.
Administratium – $20,000
What is Administratium? An element aerospace professionals see every day (click here to learn more). Notation in all publicity, marketing and periodicals (e.g., the hotline, Dispatch, ARSA team email signatures, conference attendee contact list, specific email alerts to association contacts), recognition in event materials and from the podium, specific thank you in ARSA periodicals, additional advertising placement via ARSA’s communications, complimentary registrations for three (3) participants in the Executive to Executive Briefings as well as three (3) in Legislative Day, and free livestream access for personnel unable to attend in person. At the Administratium Level, sponsors may select one of the following* to specifically support (please note the list in this document does not reflect current availability):- Annual Repair Symposium – Ice Breaker Reception
- Annual Repair Symposium – Thursday Happy Hour
- General Sponsorship
Platinum – $10,000
Notation in all publicity, marketing and periodicals (e.g., the hotline, Dispatch, ARSA team email signatures, conference attendee contact list, specific email alerts to association contacts), recognition in event materials and from the podium, specific thank you in ARSA periodicals, complimentary registrations for three (3) participants in the Executive to Executive Briefings as well as three (3) in Legislative Day, and free livestream access for personnel unable to attend in person. At the Platinum Level, sponsors may select one of the following to specifically support (may not reflect current availability for 2025):- Online Conference Experience
- Executive to Executive Briefings
- Legislative Day – All Day
- Congressional Directories/Resources
- General Sponsorship
2024 Platinum Sponsors
 |
 |
 |
 |
 |
 |
 |
 |
Gold – $7,500
Notation in all publicity, marketing and periodicals (e.g., the hotline, Dispatch, ARSA team email signatures, conference attendee contact list, specific email alerts to association contacts), recognition in event materials and from the podium, specific thank you in ARSA periodicals, complimentary registrations for two (2) participants in the Executive to Executive Briefings as well as two (2) in Legislative Day, and free livestream access for personnel unable to attend in person. At the Gold Level, sponsors may select one of the following to specifically support (may not reflect current availability for 2025):- Legislative Priorities Brochures/Resources
- Digital Companion/Electronic Materials
- Legislative Day – Continental Breakfast
- Legislative Day – Congressional Briefing and Luncheon
- Annual Repair Symposium – Continental Breakfast
- Annual Repair Symposium – Luncheon with Special Guest
- Nametag Lanyards
- Hotel Room Keys
- General Sponsorship
2024 Gold Sponsors
 |
 |
 |
 |
 |
 |
Silver – $3,500
Notation in all publicity, marketing, and periodicals (e.g., the hotline, Dispatch, ARSA team email signatures, conference attendee contact list, specific email alerts to association contacts), recognition in event materials and from the podium, complimentary registrations for one (1) participant in the Executive-to-Executive Briefings as well as one (1) in Legislative Day. At the Silver Level, sponsors may select one of the following to specifically support (may not reflect current availability for 2024):- Annual Repair Symposium – Coffee Break (5)
- General Sponsorship
2024 Silver Sponsors
 |
 |
 |
 |
Supporter – $2,500
Notation in all publicity, marketing, and periodicals (e.g., the hotline, Dispatch, ARSA team email signatures, specific email alerts to association contacts), and recognition in event materials and from the podium.Contributor – $500 to $2,499 (or equivalent support)
Notation in some publicity, marketing, and periodicals (e.g., the hotline, Dispatch), and recognition in event materials and from the podium.2024 Contributors
 |
 |
 |
 |
ARSA has reserved a block of rooms for Conference participants at the Ritz-Carlton, Pentagon City in Arlington, Virginia. The hotel hosts most of the activities related to the ARSA Conference and is convenient to the Metro as well as Washington Reagan National Airport (DCA). The deadline for reservations made in this block is Feb. 21, 2025.
To reserve your room(s), visit https://book.passkey.com/go/ARSAAnnualConf2025.
Attendees may also call the dedicated group desk +1.800.422.2410. Reference the ARSA Annual Conference when making reservations. The Leo Weston Award for Excellence in Government Service
First bestowed on Leo Weston himself in 2005, the Weston award honors an instrumental figure in ARSA's birth by recognizing individuals who embody his commitment to the industry's safety and success. The symposium provides a venue for association members and invited guests from around the world to network and discuss issues that matter to the aviation maintenance industry. It is the perfect time to respect the history of the repair station community and honor the good works of those who support it.
Click here to learn more about Leo, the award bearing his name, and those who have received it.The Legislative Leadership Award
The association regularly recognizes members of Congress who have provided outstanding support to the aviation maintenance community by supporting policies beneficial to the industry. Honorees have each been key in moving forward specific legislation advancing priorities championed by ARSA on behalf of its members.
Click here to see past updates regarding Legislative Leadership Award recipients.The "Golden Shovel" Award
From time to time, ARSA recognizes individuals – usually at the time of their retirement – who have spent their careers in steadfast devotion to good business, good safety, and good oversight. In the colorful illustration of Executive Director Sarah MacLeod, these professionals have spent their lives shoveling against the tide of government bureaucracy; their achievement in never giving up is acknowledged through the "Golden Shovel Award."
Click here to learn more about the "Shovel" and see who has received it.Event Photos
ARSA has created a Google Album including photos taken during the 2024 Annual Conference, which allows participants to share their own photos (Sharing event photos constitutes consenting to their use/distribution in association with Conference-related publicity for this or future events, at ARSA’s discretion). To see the album, click here.Select Recordings
The following selections were highlighted in ARSA's member newsletter, the hotline. Click the headline link to view the recording in the March edition.Legislative Day Briefing – Global Fleet & MRO Market Report
The team from Oliver Wyman CAVOK presented their findings to Legislative Day participants on March 13, illustrating the current and projected states of the North American and global aircraft fleets and related impacts on maintenance demand.
Legislative Day Briefing – Perspectives on Reauthorization
Attendees used these insights (and all the March 13 content) in their meetings on the Hill; all members can benefit from the cross-industry expertise of this lobbyist panel.
Symposium Briefing – What Has ARSA Done Lately
The brief session includes key updates from the association’s year as well as instruction for maximizing membership value.
Symposium Briefing – In the Fire with AVS-1
There were no real flames on stage, but an intense and engaged discussion of the state of the aviation industry. View a clip from the exchange where Sarah MacLeod and David Boulter discuss SMS, training, and more.
Symposium Briefing – Training First
The Symposium portion of the Annual Conference wrapped on March 14 with an hour-long session on how we learn and what we can learn about improving training and personnel development.
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.
European Enlightenment
By Christian A. Klein, Executive Vice President
The current series explores international aviation regulatory cooperation. Last month’s column discussed collaboration within Europe; this month’s examines the European Union’s (EU) regulatory relationship with the United States.
The FAA-European Union Aviation Safety Agency (EASA) bilateral aviation safety agreement, its annexes, and implementation procedures provide a framework for regulatory collaboration based on mutual confidence in each other’s systems. But the FAA’s relationship with Europe predates EASA and decades of progress now threatens to be undone by a renewed focus on differences in the regulations rather than results.
Birth of the JAA
The steady march towards greater integration between European states in the decades after World War II ultimately led to the creation of the EU in 1992. European aviation regulators also pursued collaboration, leading to the creation of the Joint Aviation Authorities (JAA) in 1970 by the European Civil Aviation Conference.
The JAA, which was established to develop common standards, had no regulatory authority; it relied on the authorities of individual European member states to adopt, implement, and enforce JAA recommendations. JAA ultimately developed Joint Aviation Regulation (JAR) 145 to govern the maintenance of aircraft used in commercial air transport operations and qualification as a JAR 145 approved maintenance organization (AMO).
The FAA and Europe
As the EU and JAA took shape, the FAA pursued cooperation with individual European states with significant aviation sectors, leading to bilateral aviation agreements covering maintenance with Germany, France, and Ireland in the 1990s. Those agreements allowed U.S. repair stations to work on products and articles under the partner countries’ jurisdiction if the repair station complied with FAA rules and special conditions identified in the bilateral.
By 2002, the relationship between the FAA and European authorities had evolved to the point that the JAA issued Temporary Guidance Leaflet (TGL) 22, which created a framework for U.S. repair stations to qualify as a JAR 145 AMO. TGL 22 included special conditions based on differences between the U.S. and JAA systems and a manual supplement requirement.
From JAA to EASA
In 2002, the Council of the EU and European Parliament adopted Regulation (EC) No. 1592/2002, which created EASA. The new agency absorbed many of the JAA’s regulations, standards, and functions, but had a broader mandate that included certification and enforcement. Under the EASA system, mandatory regulatory standards are developed at the EU level and implemented by the authorities of EU member states. EASA’s direct authority also extends to the certification repair stations outside the EU. The JAA ceased to exist on June 30, 2009.
The Bilateral is Born
The bilateral agreement signed by the U.S. and EU in 2008 has evolved to include three tiers: the top-level executive agreement, four annexes respectively devoted to airworthiness, maintenance, pilot licensing, and flight simulator training devices, and technical implementation procedures for each annex (the maintenance implementation procedures are the called “Maintenance Annex Guidance”) (see image).
The early maintenance bilaterals, TGL-22, and, more recently, the U.S.-EU bilateral, represent an important evolution in regulatory cooperation. Whereas the Chicago Convention and the International Civil Aviation Organization (ICAO) focus on harmonizing regulations, the U.S.-EU relationship was based on a recognition that, although rules may differ, different aviation safety systems can result in equivalent outcomes.
Bilateral Challenges
Bilaterals are supposed to streamline compliance. Unfortunately, bilaterals cause complications when agencies forget or do not document the original technical assessment or do not understand one another’s systems and misinterpret their agreements. Problems also arise from the fact that in the EU bilaterals are treaties with the force of law, while in the United States they are executive agreements and therefore cannot trump existing laws and regulations. As such, poorly crafted bilaterals may include provisions that are inconsistent with existing rules or unenforceable by the FAA.
The ongoing U.S.-EU dispute over parts documentation demonstrates agreements are only as good as the regulators who interpret and implement them. There have been no changes in the underlying United States laws or regulations that warrant changes to the special conditions, but that has not prevented the imposition of new obligations via the Maintenance Annex Guidance (MAG). Parts documentation would not be an issue if the agencies focused on the original technical assessments, and plain language of the bilateral and its special conditions, which account for the regulatory differences identified but not adequately documented during the pre-EASA negotiation process.
The Future of Bilaterals
Looking forward, as more states of registry exercise their Chicago Convention airworthiness oversight responsibilities and require their own repair station certificates, AMOs will face more duplicative oversight and compliance obligations. In other words, higher costs with no safety benefit. Well- documented technical assessments and well-crafted bilaterals can reduce some, but not all, of those costs.
Limited resources will no doubt force the adoption of more bilaterals. The global aviation sector is projected to grow rapidly in the years ahead, and regulator’s budgets will never keep pace. Bilaterals are a way for regulators to leverage each other’s resources and share oversight responsibilities in a challenging budget environment.
As bilaterals proliferate, it is imperative regulators develop a better understanding of other authorities’ rules so differences directly impacting safety are identified and clearly documented during the technical evaluation, an early part of the bilateral negotiation process. Clear and concise special conditions in the underlying agreement will limit opportunities for misinterpretation or expansion of obligations in guidance. Negotiating technical and maintenance implementation procedures simultaneously will force issues to be considered comprehensively and ensure separation of design/production and maintenance issues. ARSA has also called for more transparency during the negotiation process to allow experts outside the agencies to identify unintended consequences.
It’s Up to You
In recent years, personnel challenges have plagued the FAA, contributing to a loss of institutional knowledge, historical context, and regulatory understanding. The FAA reauthorization bill making its way through Congress will provide resources and direction to help the agency rebuild its workforce. ARSA is hopeful that with better leadership and well-trained personnel, the agency and industry can finally realize the efficiency gains bilaterals promise. Take a minute to tell your elected representatives on Capitol Hill to get the bill done!
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.
Layman Lawyer – Know How to Volunteer Yourself
By Brett Levanto, Vice President of Operations
Current and former members of the American seafaring military service have an unofficial witty motto: Never Again Volunteer Yourself.
This bit of reflective humor helps sustain Navy sailors and officers during long watches, jokingly sharing the wisdom earned from volunteering for service in the first place. In aviation safety regulatory compliance, this wordplay provides some useful but incomplete guidance to those who should at the very least be darn careful when volunteering information to the government.
On Sept. 1, AIN Online announced the FAA’s issuance of Notice 8900.61 as if the subject voluntarily disclosure programs amounted to “get out of future jail free cards” for aviation certificate holders. After outreach from ARSA, the publication updated the body of its piece but left the overly-broad subheading: “Issues reported under safety programs exempt from enforcement actions.”
Notably, the policy described in the notice applies to accepted disclosures. FAA inspectors (as described by the procedures in Order 8900.1, Vol. 11, Ch. 1, Sec. 1) are responsible for reviewing and accepting or declining submissions. This decision is supposed to be made according to the program’s criteria, including inadvertency of the apparent violation and satisfactory immediate action followed by development of a comprehensive fix. It is also subject to the certificate holder’s history, as repeated violations – even those individually meeting the standards described in the Order – will be subject to additional review on a case-by-case basis. Any rejection or hiccup in the process could lead to enforcement action.
Since these programs are defined through external and internal guidance, the final determination/disposition of any voluntary disclosure is subject to the vagaries of the FAA inspectors. (Part 193 protects certain voluntarily submitted information from public disclosure, but allows the FAA latitude in using submitted information for enforcement action). Despite the policy change described in Notice 8900.61, certificate holders should not be left to believe making a report is sufficient to avoid potential enforcement.
Readers of the hotline should refer back to ARSA’s series overall Compliance Program (the October 2022 edition links to the previous installments, with an additional piece the following month) and consider registering for the association’s sessions on self-disclosure. Voluntary disclosure can be a useful tool, but while it would go too far to never again utilize it, certificate holders must know and mitigate the risks associated with the program.
ARSA on the Hill
Government Open … for Now
The economy dodged a bullet on Sept. 30 when the House and Senate passed last-minute legislation to fund federal government operations through Nov. 17 and extend the FAA’s authorization through the end of the year.
ARSA is heartened that Congress ultimately did the right thing, but we are appalled by elected representatives’ callous disregard for the consequences of waiting until the very last minute. Uncertainty created by Congress forced unnecessary and wasteful diversion of limited agency resources to planning for the worst instead of giving the American people the best.
With the government funding issue temporarily resolved, lawmakers can turn their attention back to the other must-do items.
FAA reauthorization
ARSA’s top priority is FAA reauthorization. While the House passed a comprehensive FAA bill this summer, the Senate Commerce, Science and Transportation Committee has yet to act on its version. ARSA is engaging with lawmakers to encourage swift action on the Senate bill with the goal of finishing reauthorization before the end of the year. If a bill does not get done, Congress will have to extend FAA operating authority into the new year, which will only create more uncertainty and distractions for an agency already dealing with management and personnel challenges.
Whitaker Confirmation
Another top priority for Congress is Senate confirmation of a new FAA administrator. President Biden nominated Michael Whitaker for the job on Sept. 7. Whitaker is the CEO of Supernal, a Hyundai subsidiary that is developing electric aircraft, and served as the FAA’s deputy administrator from 2013 to 2016. He is also a private pilot who formerly worked for United Airlines. In a Sept. 13 letter, ARSA and its allies urged swift action on Whitaker’s nomination. The Commerce Committee has scheduled a confirmation hearing for 10:00 a.m. ET on Oct. 5 (click the link to watch the livestream).
NDAA
ARSA is also watching the progress of the National Defense Authorization Act (NDAA), the annual bill that funds the Department of Defense and establishes military policy. Many ARSA members are primary or subcontractors on DOD contracts and the NDAA is a vehicle to address concerns about access to maintenance data for aircraft sold to the federal government. Both the House and Senate have passed an NDAA bill. However, while the Senate bill passed 86-11 with strong bipartisan support, the House bill passed with just 219 votes (one more than the necessary 218), 215 of which were from Republicans.
The challenge will be consolidating the two bills into one that can pass the Democratically controlled Senate and the GOP-controlled House. That will not be an easy task given Republican objections to climate change-related provisions in the Senate bill and Democratic opposition to anti-abortion and anti-diversity language in the House bill.
Take Action Now
Support ARSA’s advocacy on Capitol Hill by sending a quick note to your elected representatives urging them to complete FAA reauthorization as swiftly as possible. Click here to access ARSA’s grassroots action site (sponsored by Aircraft Electric Motors).
|
Want to Learn More About ARSA PAC? ARSA’s Political Action Committee helps elect congressional candidates who share ARSA’s commitment to better regulation and a strong aviation maintenance sector. In this critical election year, ARSA PAC has never been more important. But ARSA is prohibited from sending PAC information to members who haven’t opted in to receive it. Please take a second to give us prior approval to talk to you about ARSA PAC. Doing so in no way obligates you to support PAC. It just opens the lines of communication. Click here to give ARSA your consent today. |
The Year-end Calendar
In June, ARSA President Josh Krotec reminded members the summer is time for engaging with lawmakers their home states and districts. The summer may be over and the long August recess behind us, but lawmakers still have scheduled state/district work days left in 2023. While specifics can be gathered from official websites or by calling the district or state office (using arsa.org/congress, thanks to generous support from ARSA member Aircraft Electric Motors), businesses can plan longer term by looking at the House and Senate calendars.
These plans show when each chamber expects to be in session. While emergencies may require additional time in the capital, Americans can focus on planned recess periods for opportunities to meet their lawmaker (or host them for a facility visit). According to the calendars, these are the weeks designated for homework for the remainder of 2023:
Note: The dates below capture workdays and do not include weeks where only one or two days has been identified for district/state work. For specifics, refer to the House and Senate calendars.
| House | Senate |
| Oct. 10-13 | Oct. 10-13 |
| Oct. 30-Nov. 3 | Nov. 20-24 |
| Nov. 6-9 | Dec. 18-22 |
| Nov. 20-24 | Dec. 26-29 |
| Dec. 18-22 | |
| Dec. 26-29 |
Aviation Life Calendar
October Through January
Something exciting happens every day in an aviation career.
If you want to keep aviation in the forefront of career choices, celebrate success every day with these resources. Every one provides a positive view of the industry’s ability to make the impossible an everyday event by individuals from every walk of life, socio-economic level, race, creed, color, religion, orientation, and physical capability.
Check back regularly for updates.
| Month | Day | Event or Celebration |
| All | All | This Day in Aviation |
| October | All | This Day in Aviation History – October |
| October | 4 | World Space Week |
| October | 20 | International Air Traffic Controller Day |
| November | All | This Day in Aviation History – November |
| November | All | National Native American Heritage Month |
| November | All | National Aviation History Month |
| November | 8 | National STEM/STEAM Day |
| December | All | This Day in Aviation History – December |
| December | 7 | International Civil Aviation Day |
| December | 17 | Wright Brothers Day |
| January | All | This Day in Aviation History – January |
| January | 9 | National Balloon Ascension Day |
Training & Career Development
Make ARSA Training Work
ARSA’s online training program represents its most-valuable benefit to the aviation industry: knowledge gained through training and experience. The association’s team has turned its decades of work on behalf of aviation maintenance into more than 80 hours of on-demand content.
While sessions are available for registration at any time – ARSA member discounts available – companies can also incorporate the association’s training into their regular programs:
(1) Subscription. Make up-front, bulk purchases of training hours. The details of each subscription can be customized, including focus on specific subject areas (e.g., human factors) or options for specially-priced session access after the initial hours have been used.
(2) “Championing” a session. Guarantee a certain number of attendees for training in a particular topic that will also be made available for general registration. Variations include open registration for a live session (i.e., company personnel participate at the same time as general registrants) or a company-specific live event for which a recorded version (not including any company-specific information) is made available for on-demand registration.
(3) Tailored training. Contract ARSA’s management firm Obadal, Filler, MacLeod & Klein, P.L.C. to produce or modify training specific to your organization. The team can then re-record it (or offer it as a separate live session) for ARSA’s training program. Tailored programs are priced differently from ARSA’s hourly rate and are administered by OFM&K, which allows for a client engagement and related attorney-client privilege for all discussion.
For more information about ARSA’s training program, review the menus below. If you have questions or would like to learn more about ways to integrate ARSA training into your own program, contact Vice President of Operations Brett Levanto (brett.levanto@arsa.org).
Government employees: Contact ARSA directly for auditing opportunities.
Registration: Registration and payment may be processed directly through the training platform/course catalog (free account creation required).
Technical questions and assistance: Click here for FAQ and technical support from training platform vendor.
Refunds: No refunds are granted for ARSA training sessions. When classes are canceled, registrants can choose from future courses of equal value. If a registrant is unable to attend a live session, their registration allows access to the on-demand, recorded version of the webinar.
IA Approval: A number of ARSA training sessions have been accepted for Inspection Authorization (IA) renewal credit. These sessions are denoted on their registration page with their FAA course acceptance number (in red).
Benefits: Registration for an ARSA-provided training session includes:
- Access to the live class session on the scheduled date (if applicable).
- Unlimited access to the on-demand, recorded version of the webinar to be made available after the live session is complete (or at time of purchase, for on-demand classes).
- A copy of the presentation and all reference material with links to relevant resources and citations.
- A certificate* upon completion of the session as well as any required test material.
OFM&K Training Portal: All of ARSA's training sessions are provided through OFM&K's training portal. As the training provider of choice for ARSA and a trusted resource for the aviation community, the firm's training materials represent a vital tool for entities pursuing regulatory compliance and business success. All of the courses are administered via PotomacLaw.InreachCE.com, which is not part of ARSA's website.
Complying with Part 145 – “Soup to Nuts” (Four Hours) Instructor: Sarah MacLeod Description: Specially recorded with a hand-picked audience for interactive discussion, this session thoroughly reviews 14 CFR part 145, discusses the application of the rule and overviews some practical implications of obtaining and maintaining a repair station certificate. Pricing Note: This is a four-hour session and is $300 for members and $600 for non-members. Click here to register and get access for 90 days.
Sessions Accepted for IA Renewal Credit Eight of ARSA's on-demand training sessions have been accepted by the FAA for Inspection Authorization renewal credit under 14 CFR § 65.93. Each session is currently available for registration and immediate access:Click here to purchase all eight sessions (plus one required prerequisite) at a “bundled” discount – let ARSA take care of your IA renewal requirements this year. Click here to purchase all eight sessions (plus one required prerequisite) at a “bundled” discount.
Aircraft Parts
Audit Activism & Prophylactic Lawyering
Drug & Alcohol Testing
Human Factors
Instructions for Continued Airworthiness
Parts 21, 43, 65, 145 (and others)
Public Aircraft"Going Global" - International Regulatory Law
Grassroots Advocacy
Recordkeeping – "Finishing the Job with Proper Paperwork"
The Fourth Branch of Government (Administrative Agencies and Procedures)
Self Disclosure Programs and Practices
(1) Subscription. Make up-front, bulk purchases of training hours. The details of each subscription can be customized, including focus on specific subject areas (e.g., human factors) or options for specially-priced session access after the initial hours have been used.
(2) “Championing” a session. Guarantee a certain number of attendees for training in a particular topic that will also be made available for general registration. Variations include open registration for a live session (i.e., company personnel participate at the same time as general registrants) or a company-specific live event for which a recorded version (not including any company-specific information) is made available for on-demand registration.
(3) Tailored training. Contract ARSA's management firm Obadal, Filler, MacLeod & Klein, P.L.C. to produce or modify training specific to your organization. The team can then re-record it (or offer it as a separate live session) for ARSA’s training program. Tailored programs are priced differently from ARSA’s hourly rate and are administered by OFM&K, which allows for a client engagement and related attorney-client privilege for all discussion.
For more information about ARSA's training program, review the menus below. If you have questions or would like to learn more about ways to integrate ARSA training into your own program, contact Vice President of Operations Brett Levanto (brett.levanto@arsa.org).The association’s training program is provided through Obadal, Filler, MacLeod & Klein, P.L.C., the firm that manages ARSA. To go directly to OFMK’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.
What training do you need? Contact ARSA to let the association know and help get it developed.
The Magic Form – Exploring the 8130-3
Bundle pricing available, click here to learn more.
Upcoming live session…
FAA Form 8130-3 – Completion Instructions & Multiple Releases
Wednesday, October 18 @ 11am
This session walks through the steps for completing the FAA Form 8130-3, Authorized Release Certificate, Airworthiness Approval Tag. The training uses instructions developed as part of ARSA’s RSQM Compilation and focuses on language used for work to be issued a release under the regulations of multiple civil aviation authorities including a “dual release” under the U.S./EU bilateral agreement.
Click here for more information and to register.
Already on demand…
FAA Form 8130-3 – Overview & History
This session reviews the history of the FAA Form 8130-3, Authorized Release Certificate, from its beginning as an export airworthiness approval, putting into context its evolution from an export document to its current usage.
Click here for more information and to register.
Registration for an ARSA-provided training session includes:
- Access to the on-demand, recorded version of the webinar to be made available after the live session is complete (or at time of purchase, for on-demand classes).
- 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.
Going Global Again – Full Series on Demand
International markets mean expanded business opportunities that require an expansive regulatory understanding.
A Primer on International Regulatory Law
This session summarizes the framework for international safety regulation, introduces ICAO’s mechanisms for allocating regulatory responsibilities among member states and addresses the important role bilateral agreements play in enhancing efficiency and facilitating international commerce.
Click here to register and get access for 90 days.
International Obligations
This session provides history and context for international aviation safety regulations. It explains the background to the Chicago Convention, the establishment and authority of the International Civil Aviation Organization (ICAO) to set the standards and responsibilities of civil aviation authorities.
Click here to register and get access for 90 days.
Bilateral Agreements
This session focuses on the purpose and scope of bilateral agreements and describes how they are developed and structured. The presentation explains specific activities covered in a typical BASA including design approvals and post-design approvals, production and surveillance, export airworthiness approvals, technical assistance between authorities and special arrangements. It also covers bilateral maintenance agreements, their associated special conditions and the latest maintenance developments out of ICAO.
Click here to register and get access for 90 days.
European Enlightenment
This session provides the history behind the bilateral airworthiness agreements (BAA) and bilateral aviation safety agreements (BASAs) between the United States and European nations. Provides the background to the development of the European Union Aviation Safety Agency (EASA) through the Joint Aviation Authorities (JAA). It explains how implementation procedures for design and production are negotiated separately from implementation procedures for maintenance.
Click here to register and get access for 90 days.
Registration for an ARSA-provided training session includes:
- Access to the on-demand, recorded version of the webinar to be made available after the live session is complete (or at time of purchase, for on-demand classes).
- 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.
Aircraft Parts – Full Series
Get immediate access to Executive Director Sarah MacLeod’s three-session series on the regulations and other requirements affecting the purchase, stocking and sale of aircraft parts.
Regulations Impacting the Purchase of Aircraft Parts
The course reviews the civil aviation regulations in 14 CFR that impact the purchase of civil aviation parts, as well as other requirements that should be considered when making such purchases.
Click here to register and get 90-days of access to the recording.
Regulations Impacting the Receiving, Inspection and Stocking of Aircraft Parts
The course reviews the civil aviation regulations in 14 CFR that impact the receiving, inspecting and stocking of civil aviation articles for maintenance purposes, as well as other requirements that should be considered.
Click here to register and get 90-days of access to the recording.
Regulations Impacting the Sale of Aircraft Parts
The course reviews the civil aviation regulations in 14 CFR that impact the sale of civil aviation articles, as well as other requirements that should be considered when selling parts.
Click here to register and get 90-days of access to the recording.
Interested in all three? Click here to purchase them together and save.
Registration for an ARSA-provided training session includes:
- Access to the on-demand, recorded version of the webinar to be made available after the live session is complete (or at time of purchase, for on-demand classes).
- 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.
Regulatory Compliance Training
Test your knowledge of 14 CFR § 21.3(d)-(f), Service difficulty reports, exceptions and reporting requirements.
Click here to download the training sheet.
Membership
Advertising Update – Nothing Funny Going On Here
In September, ARSA asked members to send in their favorite wisecracks. Usually, members come through, but not this time…at least, not yet.
When ARSA’s team shared its own humor (What happens to a bad airplane joke? It never lands!), 100’s of readers clicked for the punchline – periodical ads get attention. While tracking data shows some interest in adding to the fun, nobody followed through.
Honestly, there are no strings attached. Send a joke we can share with members and get yourself and company credit (though anonymity is an option).
It is no joke that advertising on ARSA’s website and in periodicals is a means to raise visibility every day, not just once. Periodicals include the Daily Intelligence, weekly ARSA Dispatch and the monthly hotline. One ad, three hundred plus exposures a year. Nothing funny about that!
Learn more about the advertising program at arsa.org/advertising.
Not interested in advertising? Don’t forget to send your news releases and other media information to arsa@arsa.org.
Benefit Watch – SMS Program Update
ARSA Vice President of Membership Kimberly Dimmick (she never hides a member benefit)
Vice President of Membership Kimberly Dimmick reminds ARSA members in good standing about the newest member benefit to help small to medium sized aviation maintenance organizations proactively meet the international and business requirements for adopting an SMS.
Under an agreement between ARSA and the Aircraft Electronics Association (AEA), ARSA members can obtain access to the AEA-managed Safety Management System (SMS) program for an annual flat fee of $350. The administrative tools and program are constructed around the principles created by the International Civil Aviation Organization (ICAO), and through a password-protected user interface is managed by a designated safety representative, or on-site SMS coordinator.
Since the July 2023 rollout six members, including ARSA, have registered and accessed AEA’s system. If your organization sees benefits to managing, tracking, and mitigating safety risks within your organization using a pre-designed management tool, this benefit should not be left on the table.
Registration begins by submitting an AEA SMS Access Request Form. Once the invoice is paid the organization’s designated SMS coordinator will be asked to sign up the appropriate individuals who will then attend SMS Program training through the organization’s portal. After that the real work begins.
Quick Question – Conference Planning
March 12-15, 2024
Arlington, Virginia and Washington, D.C. with Livestream Options for Online Participants
Event Information | Registration Coming December 2023
The repair station community’s premier substantive event returns; help ARSA’s team plan for the 2024 Annual Conference.
Note: The question is displayed in its own, embedded window. If the “Submit” button is not visible on the screen, you must scroll within the survey window in order to submit your response.
If the embedded survey does not appear/load, open the survey independently by visiting https://www.surveymonkey.com/r/ARSAConferencePlan.
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 September:
New Members
Global Technik Group, R01
The Aviation Group, R01
Renewed Members
Aircraft Inspection Services, Inc., R01, 2013
Airforce Turbine Service, Ltd., R02, 2010
AllClear Aerospace & Defense, Inc. dba AllClear Repair Services, Inc., R03, 2022
Ameron Global Product Support, R02, 2004
Calvin Taff Electronics, Inc., R01, 2003
CorpAir Supply Company, Inc. dba AVMATS Component Support, R02, 2001
Dassault Falcon Jet do Brazil, R02, 2010
Empire Airlines, Inc. dba Empire Aerospace, R04, 2002
Engine Disassembly Services, Inc. dba Engine Overhaul Services, R01, 2018
Fieldtech Avionics & Instruments, Inc., R04, 2016
Intrepid Aerospace, Inc., R02, 2016
JET Aircraft Maintenance, Inc., R04, 2010
Jordan Propeller Service, Inc., R02, 2002
Midwest Turbine Service, LLC, R01, 2015
Pacific Aero Tech, LLC, R03, 1994
Peter Stonefield, Affil, 2010
Rotron, Inc. dba Ametek Rotron, R02, 2016
Sherwood Avionics & Accessories, Inc. dba Sherwood Aviation, R04, 2021
Team Aerospace, Inc., R01, 2005
Tech-Aire Instruments, Inc., R01, 2012
Thomas Global Systems, LLC, R02, 2012
Trace Aviation, R02, 2017
Turbine Standard, Ltd., R03, 2003
Unical 145, Inc., R04, 2012
Unipak Aviation, LLC, R02, 2003
VSE Aviation Services, Co., R01, 2012
Wavestream Corporation, R04, 2021
A Member Asked…
Q: I’m debating with our executive leadership about who should be designated as my replacement as Accountable Manager for our component repair station (domestic FAA certification only). We disagree as to whether the new person in the role should be from the “quality side” or the “maintenance side.” What is ARSA’s guidance regarding how to properly designate for this role?
A: The Accountable Manager is defined in 14 CFR section 145.3(a).
Accountable manager means the person designated by the certificated repair station who is responsible for and has the authority over all repair station operations that are conducted under part 145, including ensuring that repair station personnel follow the regulations and serving as the primary contact with the FAA.
The person designated must have the “corporate” authority to ensure the repair station regulations are followed. In other words, the Accountable Manager must be able to ensure the housing, facility, tools, tooling, equipment, test apparatus, personnel, data, and quality system meet the regulations and are followed. If the person has no financial authority to purchase or fix the elements necessary to hold the certificate, or does not have authority to hire, train, or fire needed or inadequate personnel, or cannot authorize the purchase of needed materials, or cannot or does not approve (not implement, but make and approve) policies and procedures, etc., that person has not been designated properly as an Accountable Manager.
On the other hand, the designation by the certificate holder (which is the company or legal entity) is important—if the “corporate entity” does designate a person or position, it is providing, whether it recognizes it or not, the corporate authority to expend funds to ensure the company maintains the required elements, follows the regulations and its manual. This is a matter of the certificate holder ensuring it provides a person that can make the company and its personnel follow the rules. If that person does not create the proper environment for compliance, it is the corporate entity that will pay the civil penalties or suffer a revocation.
Once a person is designated Accountable Manager, he or she better not tell the FAA “I can’t do XXX” with respect to ensuring compliance with all the regulatory requirements of part 145, not just the work performed. The Accountable Manager better be the one that is informed the company is not following the regulations (primary contact with the FAA for compliance and enforcement, not for day-to-day operations), and be able to demand procedures be changed to become compliant, mitigate non-compliance, or pay the fine. Although the Accountable Manager may need to seek permission from a higher corporate authority to fix things, the legal entity cannot decline to ensure compliance without risking the certificate or its financial resources.
For your reference, ARSA wrote an “amicus brief” to the Ninth Circuit Court of Appeals in 2017 clarifying regulatory obligations under part 145. The brief lays out the regulatory reality of the role, while drawing a line between an Accountable Manager’s responsibility and potential criminal liability. You can see that edition of the hotline by clicking here.
Have questions about aviation regulatory compliance or legislative policy? Ask ARSA first!
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/advertising.
Stand Up for ARSA
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).
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.
About ARSA PAC
ARSA’s Political Action Committee helps elect congressional candidates who share ARSA’s commitment to better regulation and a strong aviation maintenance sector. But ARSA is prohibited from sending PAC information to members who haven’t opted in to receive it.
Careers in Aviation Maintenance
How do you share the industry’s story with the people who could be its future? Teach them about the great work done every day to keep the world in flight. (Even if we can’t recruit somebody, we sure can make them thankful for our work.)
U.S./EU Maintenance Annex Guidance
See all of the association’s public updates since 2012 on the Maintenance Annex Guidance between the United States and European Union. The page focuses in particular on matters related to parts documentation issues arising since MAG Change 5 was issued in 2015.
Industry Calendar
| Conference | Dates | Location |
| MRO Europe | 10/17-19 | Amsterdam, The Netherlands |
| Regional Air Cargo Association Annual Conference | 10/31-11/2/2023 | Scottsdale, Arizona |
| Dubai Airshow | 11/12-16/2023 | DWC, Dubai Airshow Site |
| MRO Southeast Asia | Spring 2024 | TBD |
| HAI HELI-EXPO | 2/26-29/2024 | Anaheim, California |
| ARSA Annual Conference | 3/12-15/2024 | Arlington, Virginia |
| AEA International Convention & Trade Show | 3/19-22/2024 | Dallas, Texas |
| NBAA Maintenance Conference | 4/30/-5/2/2024 | Portland, Oregon |
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.
© 2023 Aeronautical Repair Station Association
