2024 – Edition 4 – May 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.

President’s Desk
Conference Corner
ARSA Works
Legal Briefs
ARSA on the Hill
Training
Membership
Resources
Industry Calendar

The President’s Desk

This Used to Be Easier

When Fortner Engineering was founded in 1969, the aviation world was flat under a popular 2005 book’s definition of that word as a technology based, globally level playing field. At that time, international regulatory alignment rather than fiber-optic connectivity served small companies seeking overseas business.

In the late sixties, most of the world accepted an FAA “yellow tag” as an approval for return to service. A repair station could perform work on an aircraft or component from many states of registry based on paperwork and procedures compliant with this country’s part 145 certificate. The American rules were good enough for the world.

Since then, countless civil aviation authorities have stopped accepting American standards. Whether its national pride or interest in revenue, repair stations serving global customers – the same ones flying into and through our major airports every day – are forced to pursue and maintain approvals from an increasing number of international authorities.

Without a single world-wide regulatory regime – a “WAR” not at risk of breaking out anytime soon – civil aviation authorities utilize national laws and bilateral aviation safety agreements (BASAs) to create avenues for mutual recognition. The United States has entered dozens of these cooperative contracts, but most do little for the maintenance community. Overarching agreements are great for appearances, but without robust maintenance implementation procedures (MIPs or MAGs) there is little value to repair stations seeking to manage international responsibilities.

Despite ICAO’s standards for validating maintenance organizations, too many states are getting much more than “two cents” out of our businesses by requiring a separate certificate. For the few U.S. agreements that extend to maintenance, only Canada’s is truly reciprocal; neither the U.S. nor its northern neighbor issues a certificate, saving untold costs for the regulator and the regulated.

In 2020, ARSA petitioned the FAA – and brought along 13 other organizations on the effort – to give itself flexibility to accept foreign maintenance organization certificates as it does the Canadians’. That ability would give the agency the option to simplify its own oversight and open the doors to broader international cooperation.

At this year’s ARSA Annual Conference, the “Opening Salvo” panel of regulators from five CAA’s discussed a few inter-agency issues including Safety Management Systems (SMS). The FAA’s final rule does not extend SMS requirements to repair stations, but that does not stop the requirement from being mandated under bilateral agreements.

In this clip from that panel, the CAAs discuss their approaches to SMS:

It used to be easier, but regardless of the complexity of compliance, we’re ARSA members because we can rely on the association to propose solutions, provide tools, pay attention, and force discussion on matters that allow us to do business in a global market.

Gary Fortner 2024 ARSA president | Fortner Engineering & Manufacturing, Inc. vice president of engineering

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Conference Corner

2024 Highlight – In the Fire with AVS-1

On March 14, ARSA Executive Director Sarah MacLeod opened the Symposium portion of the Annual Conference with a “fireside chat” with FAA Associate Administrator for Aviation Safety David Boulter. 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 discussion where MacLeod and Boulter discuss SMS, training, and more.

Fireside Chat with AVS-1

David Boulter, Associate Administrator for Aviation Safety, FAA

Sarah MacLeod, Executive Director, ARSA

Plan for next year: March 18-21, 2025

Advertising – Feeding You and Your Association

Immediately after each Annual Conference, ARSA’s team begins planning the next year’s event by reviewing the list of lessons learned, feedback forms, and the budget-vs.-reality.

Each event should be very similar to the last because the experience for attendees is the result of careful tweaks and tested practices devised by the team.

This year’s Conference made it clear that attendees value useful content – particularly updates on ARSA’s work – and just love a good reception.

Turning that feedback into a cost assessment, a considerable portion of the invoice from the Ritz-Carlton comes from the Ice Breaker reception on Wednesday and the Happy Hour on Thursday. Each of these was brought to participants through the generosity of a sponsor – thank you Lufthansa Technik and MRO Holdings – whose investment offsets the price of each beverage served and canape consumed.

Sponsor investments ensure ARSA is able to treat its members like royalty four days a year, investment in the association’s work is essential for the other 360 (plus an extra in this leap year).

Through advertisement, training sponsorship, and event support, the association provides value for every dollar spent.

What can this mean for you? Click here to learn more.

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ARSA Works

What Has ARSA Done Lately – First Quarter 2024

Each quarter the board of directors receives reports on the association’s activities and fiscal health. Step into a board member’s shoes with this overview of the financial, operations, legislative, and regulatory reports highlighting advocacy on behalf of aviation safety for the first quarter of 2024.

Fiscal Health

Post-conference the association’s cash position is strong. The event’s income exceeded budget and the team is reviewing expenses carefully. Gross profit is up year over year, driven by strong internal advertising numbers, event revenue, and model manual sales.

Membership

Membership renewal rates stay strong; the first quarter lapsed members are often recovered in the second quarter, so the drop from the yearly renewal of over 90% is expected to continue.

Regulatory Advocacy

• Submitted joint comments with Aircraft Electronics Association on Modernization of Special Airworthiness Certification (MOSAIC) rulemaking.
• Developed new tool for members to request “unlicensed repair unit” approval from CAAC pending certificated renewal.
• Alerted industry to sec. 145.109 “current” data requirement rulemaking; developing comments.
• Accepted FAA invitation to join Instructions for Continued Airworthiness Aviation Rulemaking Committee.
• Coordinated response to foreign repair station drug and alcohol testing rulemaking.
• Supported release of final panel report on Organization Designation Authorizations (ODA) for the Design and Production of Airplanes.

Legislative and Lobbying

• Coordinated successful 2024 ARSA Legislative Day (March 13).
• FAA reauthorization:
  • Urged enactment of short-term FAA extension.
  • Maintained pressure on Congress to pass long-term FAA law with ARSA priorities.
  • Built support for possible Lankford (OK) amendment to improve repair station certification process through enhanced use of designees.
• National Defense Authorization Act:
  • Conducted Hill Day (Jan. 24); seven personal office and committee staff meetings.
  • Coordinated submission of NDAA bill language requests to:
  • House: Gallego (AZ), McCormick (GA), Veasey (TX), Scott (GA), Waltz (FL), Mills (FL), Gimenez (FL).
  • Senate: Kelly (AZ), Scott (FL), Budd (NC), Mullin (OK), Duckworth (IL).

Communications and Surveys

ARSA in the News – Selected Industry Coverage

Aviation Groups Urge Senate Action on FAA Bill

January 23, 2024 | AINOnline

Nearly two dozen organizations across the spectrum of aviation are ratcheting up the pressure on the Senate to move on a comprehensive, long-term FAA bill. In a letter sent Friday to the leadership of the full Senate and Commerce Committee members, 23 aviation organizations appealed for action, saying “the FAA must have the stability and direction provided for by a multi-year reauthorization bill.”

Boeing’s Struggles Spotlight SMS Benefits and Hurdles

March 6, 2024 | Aviation Week

[Sarah] MacLeod, arguably the industry’s most knowledgeable source on regulatory policy, believes SMS can be effective. However, too many of them are bolted on, and—much like the panel found at Boeing—they are neither understood by employees nor adequately supported by top management. Instead of embracing safety as one output of a business’ operations, the SMS is viewed as applicable only to things made within those operations.

UK CAA Points To Pending Deadline For U.S-Based MROs

March 18, 2024 | Aviation Week

“If you see the UK as a credible market for products and services that you provide and you haven’t applied for a UK Part 145 approval, please do so,” CAA Head of Airworthiness Policy and Rulemaking Neil Williams said at the recent Aeronautical Repair Station Association Annual Conference.

Maintenance Staff Shortage Could Clip Aviation Industry’s Wings

March 31, 2024 | Agence France-Press

In the United States, around 4,000 maintenance, repair and overhaul companies employ some 185,000 aviation maintenance technicians and engineers. This forms around 44 percent of the global total, according to the Aeronautical Repair Station Association.

ARSA-placed Industry Editorials and Content

Bringing Advertising In-house

Sales & Renewal: Two sales executed in the first quarter with payments/agreements for renewing two more advertisers. About to complete (and renew) first advertiser through full term of ARSA-managed periodicals. Working on leads from existing members and connections made at the Conference.

Surveys

• Quick Question: Foreign Drug & Alcohol Testing (22 Responses)
• Annual Member Survey Administration (64 Responses)
  • Overall ARSA member satisfaction: 4.54/5.
  • Top challenge facing industry remains finding technical talent (55 percent) followed by overall economic uncertainty and availability of maintenance information (41 percent); respondents could select multiple answers.
  • Top member benefits (all rated from 1 to 5):
    • Access to expertise: 4.47
    • Regulatory compliance support: 4.43
    • Regulatory compliance resources: 4.15
    • Periodicals: 4.11

Events, Meetings and Training

Events

Hosted for 2024 Annual Conference (March 12-15)

Feedback survey data (22 responses)—

Training

Regulations for Supervisors & Inspectors (Two Hours) – Recorded at conclusion of Annual Conference, now available On Demand.

External Meetings

• Sarah held recurring meetings regarding the Part 145 Working Group (and AMC development), the Repairman Portability Working Group, the ODA Expert Panel, MOSAIC, and engagement with both FAA Flight Standards and Aircraft Certification Services.
• Sarah and Christian attended multiple meetings of the DOT Aerospace Supply Chain Resiliency Task Force.
• Christian attended multiple TSA Aviation Security Advisory Committee and subcommittee meetings.
• Christian had multiple meetings with the NDAA Steering Committee.
• Christian had monthly meetings regarding Department of Labor resources for supporting the aviation workforce.
• Christian and Brett held monthly collaboration calls with Oliver Wyman.
• Christian attended multiple meetings of the ASAC Airport & Insider Threat Subcommittee.
• Brett and Sarah held multiple meetings with various members supporting RSQM Compilation customizations.
• Brett and Kimberly met with a new member regarding training resources (Jan 5).
• Sarah met with a member regarding an NPRM Airworthiness Directive (Jan 5).
• Christian met with a component repair station regarding ARSA membership (Jan 12).
• Brett met with a member regarding “Workforce as Capacity Constraint” (Jan 18).
• Christian and multiple Board members met with seven congressional offices to advance the association’s NDAA priorities (Jan 24).
• Christian and Brett met with a member regarding ARSA member benefits/support (Jan 25).
• Sarah and Brett met with Airlines for America to discuss the comments on the D&A NPRM (Jan 30).
• Christian participated in the RIC Aerospace Panel (Jan 31).
• Brett met with prospective panelists regarding “Developing the Career” session planning (Feb 1).
• Christian met with Ric Peri of AEA and Theresa Jeffrey of Sen. Lankford’s office regarding the repair station certification bill (Feb 2).
• Brett and Christian met with Jeffrey Coppola of the Aerospace Education Program Alliance on aerospace workforce legislation (Feb 7).
• Sarah and Brett met with Rune Duke of the FAA regarding Compliance Program Data Sharing (Feb 15).
• Sarah, Marshall, Christian and Brett attended and/or presented at the HAI (VAI) expo in Anaheim, CA (Feb 26-30).
• Christian met with an international member on multiple mutual issues (Mar 5).
• ARSA Annual Conference (Mar 12-15).
• Brett met with an immigration attorney regarding support for an O-1 Visa application for an international technician (Mar 19).

Strategic Work Plan

• 2024 Q1 Objectives:
  • Participate in HAI Heli-Expo. COMPLETE
  • Host successful 2024 Annual Conference. COMPLETE
  • Conduct 2024 annual member survey. COMPLETE, PENDING FINAL BOARD ENTRIES
  • Enact long-term FAA reauthorization legislation. ONGOING
  • Market initial 2024 training schedule. ONGOING
  • Continue database development to support membership and benefits. ONGOING
  • Update RSQM Compilation materials for release of revision. DELAYED
  • Gather and analyze data on dues history. ONGOING
• 2024 Q2 Objectives:
  • Update RSQM Compilation materials for release of revision.
  • Build 2024 training schedule.
  • Gather and analyze data on dues history.
  • Continue database development to support membership and benefits.
  • Plan for possible DOL apprenticeship grant.
  • Initiate Leadership Roundtables/Annual Board Meeting planning.

FAA Expands SMS Applicability without Part 145 (for now)

On April 26, the FAA published to the Federal Register its new rule expanding Safety Management Systems (SMS) requirements to all operators of commuter and on-demand service and commercial air tours as well as type certificate holders and licensees. The agency has not yet placed SMS requirements directly on part 145 repair stations.

“In 2015, the FAA promulgated 14 CFR part 5 which required part 121 operators to develop and implement SMS and set out the basic requirements for those systems,” the agency said in the rulemaking. “The next step in improving aviation safety is to extend the SMS requirements in part 5 to additional organizations that play a critical role in the design, manufacturing, and operation of aircraft. These aviation organizations are in the best position to prevent future incidents and accidents because they are closest to the hazards, and they know the most about their operations and products.”

In January 2023, the FAA’s notice of proposed rulemaking had asked the public for comment on potential expansion of SMS applicability to include repair stations. ARSA and the Aircraft Electronics Association argued such expansion was unnecessary, since part 145 includes a “robust quality management system” as required by §§ 145.209 and 211. The associations explained the agency could find its oversight of maintenance providers to be SMS compliant based on these existing rules and the current use of the Safety Assurance System for assessment of risk and change management.

“The comments received from the NPRM offer a diverse set of viewpoints across the aviation sector, all of which must be taken into account should the FAA consider a future rulemaking to require part 145 repair stations to develop and maintain an SMS,” the rulemaking said. “The FAA continues to collect and evaluate data to determine whether the benefits would justify the costs and will continue to pursue and promote part 145 repair station involvement in the FAA’s SMS Voluntary Program.”

To review the final rule, click here.

To see the comments ARSA and AEA submitted to the NPRM, click here (and review the content below).

For information about the SMS program resources available to ARSA members, visit arsa.org/sms-program.

ARSA, Allies Push FAA to Withdraw D&A Rulemaking

On April 5, a group of seven aviation trade associations submitted joint comments to the FAA’s notice of proposed rulemaking to extend drug and alcohol testing requirements to repair station personnel located outside the United States. The submission responded to every element of the NPRM, providing some guidance for an alternative final rule but ultimately pushing the agency to withdraw the rulemaking.

“Notices of proposed rulemaking can be finalized by withdrawal of the regulation in its entirety,” the comments said. “The demands of this rulemaking cannot conform to the Administrative Procedure Act’s basic requirements that regulations have a rational basis. Requiring a foreign national to adhere to regulations that are not applied to U.S. citizens performing the same work in a foreign nation is irrational.”

The group explained that such a withdrawal would constitute a completed rulemaking as mandated by Congress. It would allow both the agency and industry to move on and focus on legitimate threats to aviation safety.

The comments highlighted a series of issues with the proposal. In particular:

(1) It requires international certificate holders or applicants to seek exemption whenever the laws of their country were contrary to U.S. requirements. Maintenance professionals do not have the tools or expertise to parse international law – governments do and should carry that responsibility. If done, this review should be performed at the time of certificate application and allow for a determination that a country’s existing drug and alcohol testing regime is sufficient to meet American standards.

(2) It dramatically underestimates the number of persons impacted because it fails to account for each employee performing a safety sensitive function at any tier in the chain of contractors. Many of these contractors could be completely unaware they become regulated persons when performing work for a repair station subject to U.S. rules.

(3) It unevenly imposes testing requirements on certain repair station personnel, but would not apply to U.S. citizens abroad working for other certificate holders nor would it impact anyone in Canada (by virtue of its reciprocal relationship with the United States).

“The rulemaking is misguided,” the comments conclude. “[The] preamble is clear—the requirement for U.S. anti-drug and alcohol programs and the testing protocol and procedures are not validated by any discernible safety concern. Therefore, the federal government must ensure the rules do not interfere with foreign commerce or mistreat national sovereignty.”

To read the complete comments, click here.

In addition to ARSA, the following organizations joined the comments:

Aerospace Industries Association
Air Transport Association of Canada
Aircraft Electronics Association
Aviation Suppliers Association
Modification and Replacement Parts Association
National Air Transportation Association

Focusing on Falsification in FAA Proposal

On April 8, ARSA and four other industry trade associations commented on an FAA notice of proposed rulemaking to consolidate the many falsification sections across 14 CFR into a single subpart in part 3. The group supported the overall effort but took issue with the agency’s addition of a section addressing unknowingly incorrect entries or omissions.

Under the proposal, all certificate holders would be subject to prohibitions against fraudulent or intentionally false statements or omissions in the new § 3.403. The group’s comments strongly support this consolidation, which it described as a simpler and more consistent method for setting compliance standards than the current list of requirements scattered across 14 CFR.

“In particular, the NPRM would apply to persons currently subject to falsification standards across multiple parts of Chapter I, such as part 65 mechanics and part 145 air agencies performing maintenance, preventive maintenance, and alterations in accordance with part 43 (see, §§ 43.12, 65.20, 145.12),” the comments said in support of the single falsification rule. “The proposed § 3.403 clearly prohibits fraudulent and intentionally false statements reflected in the cited sections.”

The comments then pushed back against the proposed creation of an additional section prohibiting unknowingly provided yet materially false information. The new § 3.405 would give the agency discretion to act against the certificate of a person found to have made an incorrect entry on an application or other required record. The FAA justified expanding its authority to police “honest mistakes” (a term used by other commenters to criticize the rulemaking) using existing sections in parts 60, 67, and 142 allowing similar action. The group noted those examples include a specific cause-and-effect relationship between the incorrect information and the approval; absent such a “nexus” there is no safety justification for a blanket prohibition against such errors.

“If a person performing maintenance or inspection on an article subject to part 43 unknowingly makes an incorrect entry or omission in a record, §§ 43.9 and 43.11 provide a clear basis for the FAA to address adverse safety impacts, both in real time and through enforcement action,” the comments said. If the statements were incorrect because of improper work, there are plenty of rules under which the individual making them – and likely others – would be subject to oversight.

The comments suggested edits to the proposed § 3.405 to allow the FAA act against persons unknowingly providing or omitting information incorrectly such that the agency avoids “expanding its authority to take action against certificates that were not issued in reliance on the false information provided or lack thereof.”

To read the full comments, click here.

In addition to ARSA, the following trade associations supported the submission:

Aerospace Industries Association
Aircraft Electronics Association
Cargo Airline Association
National Air Carrier Association

Separate concurring submissions were made by the following associations:

Airlines for America
Aircraft Owners and Pilots Association
Aviation Suppliers Association
Modification and Replacement Parts Association

Help Assess Commercialization of Anti-Corrosion Technology

ARSA has been approached by a government contractor preparing a Commercialization Readiness Assessment Report for a product developed through the Small Business Innovation Research (SBIR) Program.  The product being assessed would utilize “digital twin” technology to predict corrosion problem areas on aircraft in operation.

To review an overview of the anti-corrosion project, click here.

The contractor, Foresight Science & Technology (UEI: GHG2Z3MBLGL6 CAGE: 1BFW1), is looking for industry contacts with feedback on the following questions:

(1) Do you think there is a demand for this type of technology? If so, do you currently use an alternative technology to satisfy this demand?
(2) What are some problems with the current technologies on the market?
(3) What would you expect to pay for this technology, and over what interval (yearly or monthly subscription, one-time fee, etc.)? Do you have any additional comments regarding pricing for this technology? Would you be interested in beta testing this technology?
(4) Do you have any additional advice for the inventors of this technology?
(5) Is there anyone else you recommend that I speak with regarding this technology?
(6) What are some problems with the current technologies on the market?
(7) How competitive will this technology be in the market?
(8) Who are the key competitors of this technology?
(9) How often do you purchase this type of technology?
(10) How would you commercialize a technology like this one?
(11) What are some potential roadblocks to commercialization?

Any ARSA member contacts with feedback on the above questions regarding digital twin technology for airframe corrosion should contact Foresight Senior Consultant Fred Rogers at ftrogers@suti.com or 949.400.7565.

Note: ARSA has no official relationship with Foresight or involvement in the subject contract. The association’s communication of this opportunity shall not be used for endorsement purposes of the contractor or the anti-corrosion project.

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.

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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.

Bilaterals Aren’t Multilaterals

By Christian Klein, Executive Vice President, Aeronautical Repair Station Association

Bilateral aviation safety agreements allow regulators to rely on each other’s compliance findings. The agreements improve efficiency and compliance simplicity but can also create confusion. How, for example, does the bilateral between the European Union Aviation Safety Agency (EASA) and the FAA impact the agreements between the Transport Canada Civil Aviation (TCCA) and EASA or between FAA and TCCA?

The short answer is it doesn’t. Remember basic terminology: “bi” means two; “multi” means many. A bilateral can therefore, by definition, only exist between two authorities and cannot create obligations for a third or extend beyond the borders of the signatory jurisdictions.

The FAA Chief Counsel’s Office (AGC) has taken the position that the US-EU Maintenance Annex Guidance (MAG) cannot contain references to third countries. That’s the reason the MAG was revised with Change 7 to remove references to TCCA. However, those changes created their own questions.

In response, the FAA issued a memo in June 2023 clarifying how approved maintenance organizations located in the United States, European Union, and Canada could issue maintenance releases for components and parts acceptable to all three authorities. Unfortunately, because the memo only addressed triple releases involving the TCCA, EASA, and the FAA, it created the impression that the FAA would only accept an EASA Form 1 triple release from a European repair station for those three authorities (e.g., not Brazil’s Agência Nacional de Aviação Civil (ANAC)). The FAA has advised ARSA informally that’s not the case (assuming the repair station is approved by all involved authorities), but we’re seeking further clarification.

At some point in the future, it’s possible that several leading authorities will enter into a multilateral agreement involving maintenance. Some dream of WAR (world aviation regulations). Until then, the only smart way to navigate the complexity is to remember what “bilateral” means and to read and apply each bilateral separately.

Layman Lawyer – Style Commentary

By Brett Levanto, Vice President of Operations

In January’s hotline, the layman lawyer encouraged member support for ARSA’s planned commentary on three FAA rulemakings. As May dawns, the association has led submissions on each notice of proposed rulemaking and can use its approaches as instruction for the industry (a useful supplement to available training on “the rulemaking process”).

Being aware that the “style” used in rulemaking comments will focus the agency on the eyes of the commenter. While the content of a comment should always include specific negative or positive impacts, cost assessments, and alternatives, it is important to structure the content in a way that thoroughly addresses the rule’s development by the FAA and provides key references in support of the any argument or suggestion for change.

In April, ARSA employed two different styles in submitting comments to the FAA:

(1) The “SMART Letter”.

Taking that name from the design used by ARSA’s management firm to respond on behalf of its clients (with acknowledgement to its relationship to the consultant-speak use of “SMART” in goal setting), this style of comment is most thorough.

A “SMART” commenter includes the text from the rulemaking in its comments, usually in italics to make clear it is original text. Bold text calls out the specific responses to each government statement from the preamble and provides commentary on those declarations as well as alternative text or recommendations that achieve the same purpose or intent.

An example from ARSA’s comments submitted with support from six other trade associations to the FAA’s notice of proposed rulemaking to extend drug and alcohol testing requirements to repair station personnel located outside the United States (text truncated in this example, see the complete comments for full text):

1. Overview of Proposed Rule

This proposed rule, which the FAA is required by statute to promulgate, would implement a statutory mandate to require certificated part 145 repair stations located outside the territory of the United States (U.S.) to ensure that employees who perform safety-sensitive maintenance functions on part 121 air carrier aircraft are subject to a drug and alcohol testing program, consistent with the applicable laws of the country in which the repair station is located…Similarly, if a part 145 repair station cannot meet one or all requirements in 14 CFR part 120, it may apply for a waiver in accordance with proposed waiver authority. This rulemaking would affect approximately 977 part 145 repair stations in about 65 foreign countries.

The overview fails to emphasize and account for the requirement each employee who performs a safety-sensitive function directly or by contract at any tier for an employer to be covered.¹ In this case, foreign repair station employers would be required to pass the requirements of the rule to contractors and subcontractors, et.al., performing safety sensitive functions. Therefore, the estimated number of entities impacted by the proposal is at least three times as great. The average number of maintenance function contractors used by repair stations is three—some repair stations use more contractors, while others use none. The agency needs to include the entire populace that will be impacted by the proposal and provide those parties with a reasonable time to comment. In addition to that basic requirement of the Administrative Procedure Act, the agency must account for the impact on those entities in its Regulatory Flexibility Act cost and benefit analysis.

To read the full comments, click here.

(2) The short overview focused on action.

Brevity is the soul of wit for both Shakespearean parents ignoring their own advice and rulemaking commenters focusing on a specific proposal element or action. These comments include analysis concentrating on those elements and offering action based on that analysis. It need not recreate the exact language from the government except when useful in describing the preferred alternative.

An example from ARSA’s comments submitted with support from four other trade associations to the FAA’s notice of proposed rulemaking to consolidate the many falsification sections across 14 CFR into a single subpart in part 3 ((text truncated in this example, see the complete comments for full text):

Prohibition Against Unknowing False Statements and Omissions

In its proposed § 3.405, however, the NPRM proposes to give the FAA discretion to act after discovering materially incorrect statements or omissions made by a person unknowingly…[The] broad language in proposed § 3.405 creates unclear and duplicative standards of compliance. For example, if a person performing maintenance or inspection on an article subject to part 43 unknowingly makes an incorrect entry or omission in a record, §§ 43.9 and 43.11 provide a clear basis for the FAA to address adverse safety impacts, both in real time and through enforcement action. If the incorrect statement or omission was the result of improperly performed work, the person completing the record (among others) could be subject to violations of the recordkeeping rules and §§ 43.13(a) or (b) as well as various sections in parts 65, 91, 121, 125, 135, and 145. Creating new language in part 3 allowing overly broad powers for potential certificate action in such a case is redundant and not necessary in the interests of safety.

To read the full comments, click here.

The association has just submitted another round of comments, to be reported in the May hotline, (and already live at arsa.org/current-data) combining elements of these two approaches. Using the proper style in a rulemaking comment enhances the substance. It will help focus the government personnel responsible for the rule and also the industry who can be lobbied for support on what really should matter in the final rule and its implementation.

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ARSA on the Hill

FAA Bill on Final Approach

There’s a lot of love in the FAA reauthorization bill unveiled April 29. House and Senate negotiators have worked for months to craft a compromise based on legislation passed last year by the House of Representatives and Senate Commerce, Science, and Transportation Committee.

The policy and budget blueprint funds the agency through the end of fiscal year 2028 and contains many provisions recommended by ARSA to address FAA oversight problems and industry workforce needs. Unfortunately, the bill also includes one provision ARSA opposes that will impact foreign FAA certificated repair stations and the part 121 operators that use them.

A quick review of ARSA’s initial highlights:

Access to Maintenance Data

For the first time in political memory, Congress has tackled access to instructions for continued airworthiness (ICA).  Sec. 349 of the bill directs the agency to convene an ICA Aviation Rulemaking Committee (ARC) to clarify maintenance manual access rules and policies. The FAA initiated the ARC earlier this year in response to an ARSA-led petition filed in 2021 and because congressional action in this area was inevitable. The inclusion of ICA is a testament to the hard work by the association and its members to find a solution to a problem that has plagued the maintenance industry for decades. The ARC by itself doesn’t solve the problem of manual access but it’s a big step in the right direction.

Workforce

The FAA bill’s workforce title doubles down on initiatives in the 2019 FAA reauthorization and represents another big win for the maintenance industry. ARSA economic research partner Oliver Wyman projects a shortage of nearly 40,000 technicians in the United States by 2028.

Sec. 440 reauthorizes, improves, and increases funding for the aviation workforce grant programs created at ARSA’s suggestion. The existing mechanic and pilot workforce programs will be quadrupled to $20 million per year.  Congress is creating a new grant program (also $20 million per year) to expand the aviation manufacturing workforce.  The maximum grant award will be increased from $500,000 to $1 million in any one calendar year for all three programs and eligibility will be expanded to include 501(c)(3) nonprofit organizations.  The grant programs will henceforth be known collectively as the Cooperative Aviation Recruitment, Enrichment, and Employment Readiness Program or CAREER Program. Finally, the bill improves reporting about grant awards to help measure the program’s success and eventually shifts management of the program from the FAA to DOT.

Sec. 424, another provision sought by ARSA and its allies, addresses career transition for technicians leaving the military and directs FAA to streamline the process by which they can earn part 65 mechanic certificates.  The provision directs a rulemaking to create a military mechanic written competency test and, as necessary, develop a new Airman Certification Standard. It also creates an interagency working group to advise the Department of Transportation (DOT) and the Department of Defense on the requirements to become a civilian technician to further facilitate career transitions.

Sec. 402 addresses gaps in data about the industry workforce by requiring the FAA to publish civil airmen statistics more regularly and to report the gender of certificate holders.

Sec. 403 makes the Women in Aviation Advisory Committee permanent and names it in honor of African American aviation pioneer Bessie Coleman. 

Sec. 405 directs an FAA working group to evaluate allowing high school students to take the general knowledge portion of the mechanic exam. This provision was requested by ARSA and its allies in response to more high schools offering maintenance curriculum. Early testing would make it more likely that a graduate stays in the industry.

Sec. 414, a related provision, directs the Government Accountability Office (GAO) to assess high school maintenance programs and identify barriers to early testing.

Sec. 441 directs the Secretary of Transportation to develop a national strategic plan for the aviation workforce and establishes a CAREER Council of industry experts to advise DOT on workforce issues in general and the CAREER grant program in particular.

Improving Regulations and Oversight

Several provisions address concerns about FAA’s development and enforcement of regulations and guidance:

Section 821 requires the DOT Inspector General (IG) to audit the Flight Standards and Aircraft Certification Services on the consistency of policy and regulatory interpretation and the application of policies, orders, and guidance.  Three specifically directed audits relate to repair station oversight, supplemental type certificates, and technical standard orders.  The DOT must report to Congress on these three audits and the bill requires the FAA to consider the reports suggested best practices.

Sec. 822 requires the FAA to ensure that policies, orders, and guidance are applied equally and consistently and not altered without consultation. It also requires better documentation of findings and decisions throughout a project to avoid disruptions when personnel change.

Sec. 202 creates the position of Assistant Administrator for Rulemaking and Regulatory Improvement. The position will be responsible for, among other things, developing and managing FAA’s regulatory agenda, reviewing regulations on an ongoing basis to enhance safety and reduce burdens, and improving accountability in responding to petitions for rulemaking and exemptions.

Sec. 205 creates a review team (including outside experts) to improve the process by which regulations and guidance are developed.  It also tasks the DOT Inspector General (IG) with reviewing the FAA’s processes and recommending improvements.

Sec. 209 expresses the sense of Congress (i.e., it’s not legally binding) that the agency should improve stakeholder engagement during the rulemaking process.

Sec. 805 seeks to end FAA’s practice of leaving letters of investigation (LOI) unresolved.  It requires a final determination on an investigation to be made within two years of issuance of the LOI and that the investigation be closed baring a determination by the administrator or deputy administrator.

Foreign Repair Stations

Sec. 302 directs the FAA to enhance oversight of foreign repair stations:

• The FAA must inspect each foreign repair station annually without advanced notice to the facility being inspected. Those inspections must be conducted in a manner consistent with U.S. obligations under international agreements and the laws of the country in which the repair station is located.
• Part 121 air carriers will be required to report annually to the FAA where and when heavy maintenance is performed outside the United States, what work was performed, failures, malfunctions, or defects resulting from the work, and certificate number of individuals approving the product for return to service following work at the foreign location.
• The FAA may not certificate a new repair station in a country that the FAA has classified as Category 2 via its International Aviation Safety Assessment Program (the prohibition does not apply to certificate renewals).
• Part 121 air carriers are also prohibited from entering new heavy maintenance contracts with repair stations in CAT 2 countries.
• Foreign repair station supervisory personnel and personnel authorized to approve article for return to service will be required to hold part 65 mechanic or repairman certificates or be certified under a licensing regime deemed equivalent by the FAA.
• Persons responsible for approving an article for return to service or directly in charge of heavy maintenance work for a part 121 air carrier at a foreign repair station must be available for consultation while the work is being performed.
• Finally, the section directs the FAA to complete rulemakings foreign repair station drug and alcohol testing and security background check rulemakings.

ARSA is disappointed Congress chose to include Sec. 302, which is a solution in search of a problem. The provision was promoted by labor organizations representing airline mechanics based on false safety arguments to make it more difficult for part 121 carriers to use foreign repair stations. ARSA and its allies were able to negotiate significant changes to the original text to limit negative impact and disruption.

Anything Else?

Sec. 409 directs a review of whether part 121 air carriers and part 145 repair stations have in place “uniform policies and uniform offerings that ensure pregnant employees can perform required duties safely.” The section requires the FAA to brief Congress on the results of the review within two years.

Cleared for Landing?

We expect the bill to receive a full Senate vote in the coming days.  It will then go to the House for final approval before being sent to the White House for the president’s signature.  The clock is ticking: The bill must be signed by May 10 when the current short-term FAA authorization expires.

As the reauthorization process draws to a successful conclusion, ARSA members are encouraged to contact Congress to support final passage of the bill. ARSA’s grassroots action site – sponsored by Aircraft Electric Motors – makes it easy.  Just click here.

To review the complete bill text, click here.

For a section-by-section summary of the bill prepared by committee staff, click here.

Finding Your Member of Congress

In the summer of an election year, senators and congressmen want to meet constituents. ARSA members should take advantage of this interest to schedule facility visits, town halls, meet and greets, or any other excuse to spend time with the person representing your business in Congress.

As ARSA Legislative Day participants hear every year, building an ongoing relationship with your elected officials is really a matter of simple effort. The most successful constituents are patient and persistent…and they know how to use a few simple tools for finding their members of Congress.

Who represents you?

Using ARSA’s Legislative Advocacy Tools – provided all year by Conference sponsor Aircraft Electric Motors – find your elected officials by entering your zip code in the “Election Center.” (Remember to enter your personal zip code and also the one for all facilities associated with your company; there may be multiple officials/offices with an interest in your needs.) Get started at arsa.org/congress.

When will they be home?

Members of the U.S. Congress try to spend as much time in their states/districts as possible. Both the House and Senate leadership have published session calendars for 2024. By reviewing these calendars, you can determine when your senators and congressman are likely to be “back home” by looking for dates not in session. Review the schedule documents below and find updated information at www.congress.gov/calendars-and-schedules.

House		Senate

What do you do now?

Contact use the contact resources available at arsa.org/congress to get in touch with the offices that represent you and invite them to visit your facility on one of the dates for “district work.” For talking points and other guidance, visit arsa.org/legislative or contact ARSA.

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Aviation Life Calendar

May Through August

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.

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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.

Click here to go directly to the training platform (operated by ARSA’s management firm) and begin reviewing available sessions.

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 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.

What training do you need? Contact ARSA to let the association know and help get it developed.

Effective Comments and the Fourth Branch of Government

Certificate holders must be adept at dealing with the government. Maintenance providers need to understand the administrative agencies overseeing the industry and recognize how and when to engage in the process in order to better the system. The four sessions in the “fourth branch of government” training series are now available on demand. Purchasers can bundle all four together or focus in on either the administrative agencies themselves (two sessions) or the rulemaking process (two sessions).

The Rulemaking Process – Overview

This session provides an overview of how federal agencies make regulations that have the force and effect of law. Specifically, it reviews the agencies that must follow the Administrative Procedure Act, the procedures governed by the Act as well as other methods by which an agency can obtain recommendations from the public on its rulemaking activities and mandates.

Click here to register and get access for 90 days (multiple bundles available).

The Rulemaking Process – Effective Comments

This session provides methods for submitting effective comments on FAA rulemaking proposals and on other documents that are posted for feedback from stakeholders.

Click here to register and get access for 90 days (multiple bundles available).

Administrative Agencies & Their Powers

This session reviews why federal administrative agencies are created and how they use their powers to regulate activities within their jurisdiction. The course will also cover the basic procedures agencies must follow to create or revise regulations.

Click here to register and get access for 90 days (multiple bundles available).

Administrative Agencies – The FAA & NTSB

This session reviews the creation and powers of the two agencies most prominent in civil aviation – the Federal Aviation Administration (FAA) and the National Transportation Safety Board (NTSB).

Click here to register and get access for 90 days (multiple bundles available).

Registration for an ARSA training session includes:

• Access to the on-demand recording of each session for 90 days.
• Digital copies of the presentation and all reference material with links to relevant resources and citations.
• A certificate upon completion of each class.

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.

Is it an Appliance? Why Do you Care?

Use each of ARSA’s 15 minute sessions covering the definition of “appliance” as a practical lesson in 14 CFR compliance.

Please note that since these sessions are less than an hour long, special pricing applies.

Session 1: “Appliance” Defined

This session provides participants a lesson in reading regulations with a critical eye. Many aviation terms used during the “normal” course of a day are taken for granted. Meanings and expectations are set by “tribal knowledge” rather than first-hand review. This session helps ensure each word in a aviation safety regulation is read carefully so any exceptions or conditions are understood.

Click here to register and get access for 90 days.

Session 2: “Appliance” Applied

This session provides participants information on when and how the word “appliance” is used within the design, production, operation and maintenance rules.

Click here to register and get access for 90 days.

Session 3: “Appliance”  – Yes, No or Maybe

This session provides participants the opportunity to test their knowledge of whether an article is an appliance by using case studies.

Click here to register and get access for 90 days.

Session 4: “Appliance” – Why Do You Care?

This session allows participants with confirmed knowledge of the regulatory definition of “appliance” to put the term in context of other requirements created by the rules. This training builds on cumulative information provided in the pre-requisite sessions (see the series below). Participants must be able to answer the pre-test questions before the session begins (click here to take the pre-test; a score will be provided as soon as complete).

Click here to register and get access for 90 days.

If you needed help with the pre-test questions, the “definition” sessions below can be purchased as part of a bundle (scroll down or click here for more information).

Registration for an ARSA training session includes:

• Access to the on-demand recording of each session for 90 days.
• Digital copies of the presentation and all reference material with links to relevant resources and citations.
• A certificate upon completion of each class.

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 § 21.6, Manufacture of new aircraft, aircraft engines, and propellers.

Click here to download the training sheet.

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Membership

A Thank You and a Challenge

By Kimberly Dimmick, Vice President of Membership

ARSA commends members that actively keep the association informed of personnel or company information changes. Some go “above and beyond” by making real time notifications as changes occur, while many simply return the provided organizational profile during the renewal process.

Members that keep ARSA “in the know” are ensured that key personnel are kept informed of important issues that affect regulatory compliance and the business’ bottom line.

If you don’t make real time changes—do not ignore the yearly update requests—the risk of non-compliance increases which will cost much more than the membership dues in ARSA.

Not sure who is “hooked up”? Request the company’s organizational profile from kimberly.dimmick@arsa.org or through arsa@arsa.org.

Your efforts will expand ARSA’s value and your company’s.

For Real This Time – Closing Bank Account

ARSA opened a new bank account in June of 2023, yet despite repeated notifications, members are still using the old account to make ACH and wire payments.

Every invoice since June 2023 has contained a special note in the billing message regarding the account change – and invoices will continue to provide the correct bank account information – but as of May 15, 2024, the old account will be closed, and any payments made to the old account will fail.

Any invoice due or received in the future have the correct bank account information in red so please update the information with your accounting department or bank.

For questions or to receive the new information before you are invoiced, please contact kimberly.dimmck@arsa.org.

Quick Question – Inventory Costs for EASA Compliance

Since the FAA withdrew its of acceptance of ARSA’s E100 form in 2022, ARSA has been engaged with American and European regulators trying to address major misunderstandings related to parts documentation requirements. U.S. repair stations had used the ARSA form for more than half a decade to satisfy requirements for new articles under the U.S.-EU Maintenance Annex Guidance and Technical Implementation Procedures. For more detail on the issue, visit arsa.org/mag.

To support negotiations between the agencies, ARSA is conducting this survey to clarify the economic impact of the current confusion. Your response to the following questions supports ARSA’s efforts to clarify relevant policy and find a workable alternative.

If the embedded survey does not appear below, use the following URL to access the questionnaire in your browser: https://www.surveymonkey.com/r/Easapartscosts.

Note: The survey is displayed in its own, embedded window. If the “Done” button is not visible on the screen, you must scroll within the survey window in order to submit your response.

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 April:

New Members
Big Dipper, Inc. dba Acme Coatings Inc., R02
Drayton Aerospace (Xiamen) Landing Systems LTD dba Drayton Aerospace, R04

Returning Members
AERO Component Repair, LLC, R01, 2011
AeroKool Aviation Corporation, R03, 2017
Aeroneuf Instruments Ltd., R02, 2022
Aerospace Turbine Rotables, Inc.-Texas, R01, 2016
Aircraft Electric Motors, Inc., R04, 1984
Alpha-Tech Aviation Services, Inc., R02, 2023
Alirio Aircraft Services Inc. dba 24Jets, R01, 2019
AOG Reaction, Inc., R02, 1993
Aviation Communication & Surveillance Systems, LLC, R02, 2002
Avionics Shop, Inc., R01, 2011
Coopesa, R.L., R06, 1996
Earp Aviation Repairs LLC, R02, 2019
GA Telesis Component Repair Group Southeast, LLC, R04, 2022
Harman’s Repair Station, Inc., R01, 2012
Heliblade, LLC dba Heliblade International Inc., R01, 2022
Houston Aircraft Instruments, Inc., R01, 2002
Lufthansa Technik AG, Corp, 2001
NAASCO Northeast Corporation, R02, 2002
Pac West Helicopters, Inc., R01, 2009
PEMCO World Air Services, R06, 2022
Piedmont Propulsion Systems, LLC, R04, 2011
Quality Aviation Instruments, Inc. dba QAI Aerospace, R03, 2012
Southwest Aerospace Technologies, LLC, R01, 2019
Toledo Jet Center, LLC, R03, 2010
Triumph Airborne Structures, LLC, Corp, 2003

A Member Asked…SMS for EASA?

Q: We are looking for guidance on how EASA’s SMS rule’s December 2024 compliance date applies to U.S. repair stations. In particular, we’ve noticed the following restriction on our EASA approval:

“This approval requires continued compliance with 14 CFR part 145 and the differences as specified in the Maintenance Annex Guidance (MAG)…”

Does this language mean there are additional requirements, like the forthcoming SMS requirement, that are added on to our compliance?

A: The simple answer is your certificate reflects the bilateral between the United States and European Union. That document contains the differences, i.e., Special Conditions, that U.S. repair stations must address in addition to their compliance with part 145. The Special Conditions are “explained” in the MAG.

As of right now, neither the Special Conditions nor the MAG contain a requirement for SMS. The FAA’s recently released rule did not expand American requirements to part 145 certificate holders. However, the Americans and Europeans are expected to include something in the next change to the MAG.

ARSA members looking for options to install SMS tools can review what’s available in our exchange with the Aircraft Electronics Association – see arsa.org/sms-program.

Have questions about aviation regulatory compliance, legislative policy, or ARSA resources? Ask ARSA first!

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).

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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

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.

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