On April 17, 14 aviation trade associations joined ARSA in delivering a petition for rulemaking to the FAA to amend 14 CFR part 43. The requested amendment would provide the FAA flexibility to accept foreign maintenance organization certificates – without issuing its own certification under part 145 – by authorizing such acceptance in the United States’ bilateral aviation safety agreements.
Under the proposed language, the FAA would have the discretion to enter into a reciprocal acceptance agreement with a bilateral partner. The rule would not independently establish such acceptance or require the agency to do so.
“The proposed changes to §§ 43.3 and 43.7 would enable the FAA to significantly streamline the approval and compliance assurance processes for all affected parties,” the petition said. “The FAA would, of course, retain the right to negotiate the specific terms of any such arrangement with each bilateral partner, thereby assuring the FAA’s ability to exercise its State of Registry prerogatives as it does today.”
The group cited ongoing coordination among and between the world’s leading aviation regulators. Based on progress made by the “Maintenance Management Team,” which includes representatives of the FAA, EASA, Transport Canada and ANAC Brazil working with industry organizations, the petition explained the United States should have the same discretion as its international partners to determine equivalent levels of safety.
For additional support, the industry cited a 2011 study commissioned by ARSA underscoring the financial benefits of global regulatory coordination. That study, performed by the consulting group AeroStrategy, found it costs repair stations significantly more to become certificated by foreign aviation authorities when a maintenance organization’s home country does not have a BASA.
“Industry’s costs to obtain and retain foreign AMO certificates would be eliminated completely if the domestic authority’s certificate and oversight is the only expenditure required to perform work for a foreign customer. Adoption of the proposal would also allow agency resources to be directed at continued operational safety elements rather than expenditures to perform certification and oversight operations that are duplicative to the bilateral partner’s efforts,” the petition said.
To read the complete petition, click here.
Stay tuned for updates – and calls for comments and support – as the petition is docketed in the Federal Register.
In addition to ARSA, the petition was also supported by:
Aerospace Industries Association
Aircraft Electronics Association
Aircraft Owners and Pilots Association
Airlines for America
Aviation Suppliers Association
Aviation Technician Education Council
Cargo Airline Association
General Aviation Manufacturers Association
Helicopter Association International
Modification and Replacement Parts Association
National Air Carrier Association
National Air Transportation Association
National Business Aviation Association
Regional Airline Association
