ARSA RSS Feed ARSA LinkedIn
Contact Us Online Portal

FAA Takes ARSA Suggestions in Rulemaking Procedures Update

On June 20, the Federal Register published the FAA’s final rule “Updates to Rulemaking and Waiver Procedures and Expansion of the Equivalent Level of Safety Option.” The agency accepted the two suggestions made by ARSA in comments to the 2016 notice of proposed rulemaking (NPRM).

In general, the rule focuses on 14 CFR 404’s rules for commercial space transportation – reorganizing and clarifying its “regulations and licensing requirements” into “petition and rulemaking procedures.” The agency updated language to reflect “current practice” and expanded the equivalent level of safety options available to commercial space applicants and certificate holders.

ARSA’s NPRM comments focused on minor edits to the general rulemaking procedures in part 11. The association encouraged the FAA to avoid overly specific references to online resources – the evolution of the internet could send CFR readers to broken web addresses – and unnecessarily exhaustive lists of standing committees.

“ARSA believes that regulatory text should be clear, concise and free of explanatory information that is more appropriately included in guidance documents,” ARSA said in its comments. “The association applauds the agency’s attempt to streamline and clarify existing regulations; however, the … revisions [proposed by the agency] fail to achieve that objective.”

In response, the FAA’s final rule simplified an edit including the agency’s website in § 11.63 and left § 11.27 unaltered.

To read the final rule, which becomes effective on Aug. 20, click here.

To read ARSA’s complete comments to the 2016 NPRM, click here.

Previous updates on part 11...

6/29/16 - ARSA Comments on Revised Rulemaking Procedures

June 29, 2016

On June 29, ARSA submitted comments on the FAA’s proposed revisions to 14 CFR part 11. The purpose of the rulemaking was to improve the clarity and flow of the rules; however, the proposal needed some input from the public to achieve that objective.

For instance, in § 11.27 the agency proposes to enumerate advisory committees from which the agency can receive rulemaking recommendations. This revision is unnecessary. FAA already has statutory authority to form advisory committees, making the proposed additions duplicative. Furthermore, the revision could confuse the public – and perhaps even the agency – regarding the ability to accept rulemaking recommendations from non-enumerated committees.

ARSA also believes agencies should refrain from including website addresses in regulations. If an agency feels compelled to use a web address in a rule, it should only use those that are the least likely to change. Web addresses and similar explanatory information are more appropriate for inclusion in guidance documents.

ARSA maintains that regulations should be clear, concise and free of superfluous text.

To read the association’s comments, click here.

To see all the ways ARSA works on behalf of the aviation maintenance industry, visit the ARSA Works page.



More from ARSA

Anti-Viral Measures

For the use of its members and the larger aviation community, ARSA is maintaining this page as a resource for virus-related updates on policy initiatives and business needs. Please bookmark…Read More

ARSA Talks Worldwide Pandemic Impacts with Russian Aviation Leaders

ARSA Executive Vice President Christian A. Klein traveled (via the magical powers of remote connectivity) to Moscow, Russia on Oct. 20 to participate in the 2020 Regional Aviation of Russia…Read More

Top U.S. States Bear Heavy Pandemic Burden

To keep tabs on all of ARSA’s work related to the current pandemic, visit arsa.org/anti-viral-measures. As part of ARSA’s ongoing advocacy in support of additional economic relief for the aviation maintenance…Read More

Training Conference Goes Around the Clock and Across the Globe

On Nov. 10, ARSA Vice President of Operations Brett Levanto will participate in Global ATS-V. The international event is the online replacement for multiple aviation training trade shows overseen annually…Read More

NTSB Denial is Beside the Point

On Oct. 13, the NTSB denied ARSA’s attempt to intervene in two cases concerning repairman certificate denials. Administrative Law Judge Stephen R. Woody delivered the denial order to Obadal, Filler,…Read More
ARSA