Dealing with the Government – Watch and Learn

Proper collaboration between regulators and industry ensures effective regulation. Meeting this standard, of course, requires experience, knowledge and a good plan. Directors of maintenance have enough to handle every day: business realities, customer needs and safety requirements.

Trade associations play a vital role in managing the relationship between the regulators and businesses. From a central perch, the Aeronautical Repair Station Association (ARSA) and its allies see trouble brewing in the most remote corners of the rules. After spotting a problem, pro-active groups mobilize the voice of the industry and settle in for often-protracted struggles to set things right.

That process can be a blueprint for future success. ARSA has worked continuously to improve the new repair station rule since it was published on Aug. 12, 2014. By understanding the approach, stakeholders can map their own opportunities for engagement.

First, there was the “serious” victory: correcting the word’s mistaken removal from the service difficulty reporting requirement. A coalition of aviation trade associations petitioned the agency to replace the seven letters. More than 40 industry members submitted supportive comments. The FAA promptly recognized its error and reinserted the word “serious” before the rule became effective on Nov. 10, 2014.

That’s a great start but there’s more to do. The new rule eliminated the right of repair stations to surrender certificates voluntarily by adding that “the FAA accepts [a surrender] for cancellation” before it is effective.

This unprecedented requirement bears no rational connection to the agency’s stated aim of ensuring aviation safety. The FAA’s ability to take action against “bad actors” is unaffected by the surrender of the repair station certificate. Any individual can and should face investigation and appropriate legal action. Additionally, the fact that no other certificate holder is required to wait for the agency to accept a surrendered certificate highlights the irrationality and disparity, and should concern holders of any kind of FAA certification.

So the process begins again. On Jan. 9, 2015, ARSA led a new coalition, this time requesting the agency reinstate the ability of a repair station to voluntarily surrender its certificate without affirmative acceptance by the agency. Once again, the process is working on behalf of repair stations.

Identify the problem, develop a clear message to the government, build support, deliver the message, mobilize the industry, and follow up. Those steps have been built from years of experience and there is always work to be done (stay tuned to arsa.org for actions you can take). Through deliberate, planned action and patient engagement, ARSA will always seek the right answer … and will gladly show you how it’s done.

Brett Levanto is director of operations for ARSA. He graduated from George Washington University in 2004 and earned a Master of Public Policy degree from the College of William & Mary in 2009.