What Can You Do?
An icon once stated, “Ask not what the government can do for you but what you can do for the government.” Unfortunately, there are functions only the government can perform, like registering aircraft. Some certificate holders have an arrangement with the agency to register aircraft similar to a car dealer’s methods. However, the majority of registration requests are from individuals and companies transferring valuable assets on a real-time basis. It is inexcusable for a government to cease a vital function yet recall workforce to perform oversight on certificate holders that are ultimately responsible for compliance with or without a government inspection. I understand the importance of ensuring compliance, but there are many ways to perform that function without direct or immediate oversight; indeed, most enforcement is based upon paperwork, not inspector observations. It is impossible, however, to register an aircraft without government personnel making it a unique and essential government function.
The inability of a government to fulfill basic functions is not a great surprise to us inside the beltway. We have to make our living off the inadequacies and inabilities of the government. However, I urge those outside this cloistered environment to review every policy and procedure used to show compliance with 14 Code of Federal Regulations, make sure it is required by the rule and not a local inspector’s preference or agency guidance. For example, the regulations do not require repair station manuals be approved or even accepted — they must be “acceptable to” the government. If the manual itself requires government acceptance or approval before changes can be made, the repair station must follow its own procedures. However, procedures can be changed. If the manual requires government action but the regulations do not, make an immediate amendment. Then not only can the document become living and usable, it will not be dependent upon the actions of a government that might or might not be able to fulfill its required functions, let alone elective ones!
Next, determine whether the required government functions can be or has been delegated. If so, find out how and/or to whom. In other words, obtain the delegation or contact a person that has the delegated authority. For example, designated engineers or examiners can perform functions on behalf of the agency. These people and companies are not government employees and are generally not prohibited from acting on the government’s behalf when it cannot or is unable to fulfill a function. While obtaining a delegation is not an easy road, the government will no doubt claim it doesn’t have enough people to oversee the delegation. It is an avenue that should be explored by any company or individual that depends upon a government action that can be delegated.
The aviation industry need not be completely powerless when the government ceases to perform its essential functions, provided we do ask not what the government can do for us but what we can do for ourselves.
Sarah MacLeod is executive director of the Aeronautical Repair Station Association (ARSA), an organization she helped found more than 25 years ago. She is a managing member at the law firm of Obadal, Filler, MacLeod & Klein P.L.C. and is engaged in the legal representation of foreign and domestic air carriers, aircraft maintenance and alteration facilities, distributors, pilots and other individuals and companies in federal court and before federal administrative bodies. She also serves as assistant chair for Air Carrier and General Aviation Maintenance of the FAA’s Aviation Rulemaking Advisory Committee, a post she has held since 1996. A globally recognized expert in aviation regulatory compliance, Ms. MacLeod is a sought-after speaker and has appeared a numerous aviation and MRO events. She is admitted to the bar in Virginia.