2024 – Edition 12 – Year in Review

Table of Contents

Year in Review
Conference Corner
December’s Work
Our 2024
Resources
Upcoming Events

The December edition of the hotline (which you’re reading) always recaps key stories from the year. Though ARSA’s work is constant, this annual opportunity to look back – and catch up – is a way to see the path ahead.

The most important stories from 2024 follow a few “live” updates from December. While each story will take you to the original edition, be sure to check the association’s website for updates on issues you find particularly important.

December’s Work

FAA Requires Foreign D&A Testing by 2027

On Dec. 18, the U.S. Federal Register published the FAA’s long-awaited final rule expanding drug and alcohol testing requirements to repair station personnel outside the United States.

The new rule was first mandated by Congress in the 2012 FAA Reauthorization Act and requires FAA certificated repair stations located outside the territory of the United States whose employees perform safety-sensitive maintenance functions on certain air carrier aircraft to implement drug and alcohol testing in a manner acceptable to the FAA and consistent with the laws of the country in which the repair station is located. The final rule is substantially similar to the draft published in the Notice of Proposed Rulemaking on Dec. 7, 2023. The most significant change is the addition of a process by which a foreign government can apply for a waiver from the testing mandate for all repair stations in its territory.

Impacted repair stations must comply with the new requirements by Dec. 20, 2027.

ARSA has raised objections to the rule since it was first proposed based on concerns about sovereignty, safety benefits, implementation challenges, and disparate treatment of foreign repair station employees and U.S. airline mechanics performing the same functions overseas (who will not be tested). Congress mandated the rule at the request of airline mechanic unions seeking to make it more difficult for U.S. air carriers to use foreign repair stations.

“The rule is a congressionally mandated solution to a problem that doesn’t exist. The FAA itself acknowledges there isn’t enough data to articulate the benefits,” ARSA Executive Vice President Christian A. Klein said. “The agency has attempted to address many practical and legal concerns raised during the rulemaking by permitting foreign governments to petition for country-level waivers. But that still shirks the responsibility for determining legality under Congress’ mandate off of the U.S. government and won’t prevent the massive diversion of resources as international stakeholders attempt to comply.”

To whom does the new rule apply?

Per revised 14 CFR § 120.1(d) [the new rule will be incorporated into ecfr.gov on its effective date], the rule applies to all part 145 certificate holders outside the territory of the United States who perform safety-sensitive maintenance functions on part 121 air carrier aircraft. The only exception is that 14 CFR § 120.5 and subparts E and F do not apply to part 145 certificate holders outside the territory of the United States that have obtained recognition pursuant to § 120.10 (see below).

What does the rule require?

A part 145 repair station located outside the territory of the U.S. must cover its employees performing maintenance functions on part 121 air carrier aircraft under its own testing program, which must meet the requirements of the U.S. Department of Transportation drug and alcohol regulations at 49 CFR part 40 and the FAA regulations at 14 CFR part 120.

How will the rule work?

Each foreign repair station will be required to obtain an Antidrug and Alcohol Misuse Prevention Program Operations Specification (Op Spec A449) and provide drug and alcohol testing program management information system (MIS) data.

Affected foreign repair stations that receive a waiver based on recognition by the Administrator will be relieved from comprehensive compliance with subparts E and F of 14 CFR part 120 (in turn, providing relief from 49 CFR part 40) and will not need to seek further waivers or exemptions from 14 CFR part 120 or 49 CFR part 40.

What if a foreign repair station cannot meet the testing requirements in 49 CFR part 40?

If a repair station cannot meet one or all requirements in 49 CFR part 40 (e.g., because the laws of the country where the repair station is located are inconsistent with the regulations), the repair station may apply for an exemption using the process described at 49 CFR § 40.7. Similarly, if a repair station cannot meet one or all requirements in 14 CFR part 120, it may apply for a waiver from the FAA in accordance with waiver authority established in the new rule.

The rule also allows foreign governments to apply for a waiver applicable to all FAA repair stations within the government’s territories recognizing existing requirements under the laws of the country as a compatible alternative that contains the minimum key elements of 14 CFR part 120.

If a foreign government chooses not to pursue this option, 14 CFR § 120.10 provides that an individual foreign repair station may request its own waiver based on recognition of an existing testing program that meets the key elements identified in the regulation.

What factors will the FAA consider in granting a waiver based on recognition?

Per the new § 120.10(b), among other things, a request for recognition must demonstrate that the foreign government’s existing requirements, or the foreign repair station’s existing testing program, contain the following key elements of part 120:

(1) A testing protocol or established consequences used to detect or deter, or both, employees who are responsible for safety-sensitive maintenance on part 121 air carrier aircraft from misusing alcohol and using drugs.

(2) An education or training program or materials that explain the impact and consequences of misusing alcohol and using drugs while performing safety-sensitive maintenance.

 (3) The method used to rehabilitate and ensure that safety-sensitive maintenance employees who return to work on part 121 air carrier aircraft after a drug or alcohol test violation or consequence no longer misuse alcohol or use drugs.

How will does the new rule treat foreign repair stations in countries/jurisdictions that have bilateral maintenance agreements with the United States?

The rule is applicable to all foreign FAA repair stations, regardless of whether the country or political entity where it’s located has a bilateral aviation safety agreement with the United States.

In the rule’s preamble, the FAA specifically rejected a European Union-wide compliance option given differences in EU-member state employment and privacy laws. As such, each individual EU member state will be required to separately seek a waiver. “Because each country has its own individual laws and requirements that may impact its drug and alcohol testing programs, each foreign government is in the best position to know the laws imposed on their own citizens,” the preamble said.

The only country whose repair stations are excluded from the new testing requirements is Canada because the United States and Canada recognize each other’s certificates, the FAA does not certificate Canadian approved maintenance organizations.

What maintenance functions are covered by the new rule?

The preamble states that, “The FAA considers all maintenance functions performed on part 121 air carrier aircraft to be safety sensitive under 14 CFR 120.105 and 120.215.” The agency declined to provide any additional clarification about what maintenance functions are covered by the rule, stating that, “The drug and alcohol testing regulations intentionally do not differentiate between heavy or safety critical and non-safety critical forms of maintenance. When determining whether a safety-sensitive employee performs aircraft maintenance duties, whether under a foreign or domestic repair station, impacted parties should consider the duties of their employees as they relate to the FAA’s definition of maintenance under 14 CFR 1.1 and 14 CFR part 43.” Per 14 CFR § 1.1, maintenance means “inspection, overhaul, repair, preservation, and the replacement of parts, but excludes preventive maintenance.”

How are subcontractors of foreign repair stations impacted by the new rule?

The requirement to set up a testing program only applies to certificated foreign repair stations whose employees perform safety sensitive work on part 121 air carrier aircraft, however certain contractor employees must still be tested. The preamble states that, “the mandate for testing does not extend to non-certificated contractors or subcontractors that perform maintenance on part 121 air carrier aircraft outside the U.S.” However, the preamble also states, “if a foreign repair station decides to contract with another non-certificated maintenance provider to perform safety-sensitive aircraft maintenance functions on a part 121 air carrier aircraft, the certificated repair station must include the personnel performing aircraft maintenance functions in their testing program.”

As ARSA continues its review of the rule and collaboration with its allies opposed to expanded testing requirements, the association will provide updates and compliance resources for its members.

To go to the Federal Register posting for the rule, click here.

Good Maintenance Cheer for the Holiday Season

The association recognizes there are no days off from aviation safety and is grateful to all who keep the world in flight every day – especially those pulling shifts while many take rest.

For some industry holiday cheer, ARSA turns to Fortner Engineering Quality Manager Rick Oberndorf. Rick graciously shared the following twist on a classic poem:

T’was the day before the holiday
When all thru the shop
Monthly revenue was achieved
You could hear a pin drop.

The Certs were all hung
By the entrance with care.
Even the UK-CAA one
Recently stapled way…up…there.

Techs were all antsy
Wanting to leave oh so early.
All very jovial
Except Final Inspector, as usual quite surly.

When out in the parking lot
There arose such a clatter
Two pots of chili had dropped
Beans everywhere from the splatter.

Away to the exits
I flew like a flash
Saw our spilt lunch on the cars
My heart started to crash.

But reason took over
As for Quality it must
And I yelled to the others,
“HEY! Today’s not a bust!”

“Sure, the chili is gone
This much is true.
But since the Accountable Manager is home,
Here’s what we’ll do:”

“When the clock strikes at noon,
raise your keys to the sky.
Wave to your friends
As we all say good-bye.”

“The only thing I ask,
When you hear that I’m fired,
Is to think fondly of me,
once I’m early-retired.”

“For holidays are a time
for family and friends.
And Aunt Shirley’s lousy pie,
That gives everyone the bends.”

So I sprang to my sleigh,
A 2016 Dodge Dart.
Watching 75 others,
also run to depart.

I leapt onto my car,
with horns sounding like sirens.
“Happy Holidays to all,” I howled,
“To the Super Bowl go the Lions.”

While ARSA doesn’t endorse any professional sports franchise, not even those with aerospace-themed mascots, it sure does appreciate creative spirt and enthusiasm for the maintenance career (see the 2014 analysis of the recent holiday classic “Elf” as an aviation maintenance movie for an example). Thanks to Rick and to every member, colleague, and friend that made 2024 a fantastic year. 

If you’d like to share your own creativity this year, use the “Ask ARSA” function and choose “Something else…” before dropping some good cheer into the comment area.

October: At its annual meeting in October, the ARSA Board of Directors was briefed on ARSA’s newest member benefit: tuition discounts to association member contacts and their families (spouses, domestic partners, parents, siblings, and children).