January 2013 – As the aviation industry faces another year, open items haunt the annals of federal regulation. At record speed, the FAA issued a notice of proposed rulemaking (NPRM) on the relationship between an “air carrier” and its maintenance providers. The comment period for this rule ends Feb.11, but this debacle began with legislative action (or inaction) during the nearly four-year struggle over the recent FAA reauthorization law. ARSA’s legislative activities related to “maintenance providers” began immediately following VISION-100’s expiration in 2007. The same push for regulatory freedom will guide the Association’s comments to the NPRM.

The power to influence legislative language is a long-term commitment to the well-being of the aviation maintenance industry. The Association’s mission was to limit unintended consequences of lawmakers mandating specific language in a regulated arena. ARSA narrowed targeted provisions to eliminate (or at least limit) confusion and preserve operational freedom for air carriers and repair stations. Fortunately, many of ARSA’s suggestions were adopted by Congress; the final language was much better than that originally presented in numerous FAA reauthorization proposals.

Unfortunately, it’s not perfect. The FAA will have to make some reasonable determinations in its interpretation of the congressional dictates. This struggle is evidenced by the subtle differences the agency is trying to draw among and between “covered maintenance,” “RII,” and “regularly scheduled” actions. The Association will help the FAA balance the demands contained in the congressional language (the law) and the agency’s requirements for issuing regulations within the Administrative Procedure Act.

The ability to be and stay a step ahead of government dictates, from legislation through regulation, is directly related to ARSA’s resources. While we stay a step ahead of government to limit its harmful actions, individual support and active participation ensure success. It behooves the aviation industry to support an Association that stays a step ahead of government.

Contribute to PPC; obtain information on the PAC, contact your lawmakers, become an ARSA champion and help grow the Association, help lift the ban on FAA certification of new foreign repair stations. To learn more about ARSA’s actions in the policymaking process, and to play a part in it yourself, be sure to attend the Association’s upcoming Legislative Day and Repair Symposium, coming up March 20-22.