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notice of proposed rulemaking

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MARPA Files Papers with the FAA on Proposed Repair Station Rule Changes

MARPA has filed comments in response to the FAA Notice of Proposed Rulemaking concerning repair stations and their ratings.  Although the ratings proposal was the centerpiece of this proposed rule, many of the proposals that caused the most concern were those unrelated to the ratings element of the proposal.

This is a proposed rule that could have a significant effect on the MARPA Community.  Some of the regulatory proposals, for example, could inhibit PMA growth if they are fully implemented.

Issues addressed by the wide-ranging comments from MARPA included:

  • Recertification
  • Certificate Surrender
  • Asset Sale
  • Ratings
  • Capabilities Lists in the Operations Specifications
  • Removing Operations Specifications from the Certificate
  • Capabilities Lists
  • Quality Systems
  • Appropriate Equipment and Tools
  • Permanent Blacklisting From the Industry under § 1051(e)
  • Entitlement to Certificate under § 1053(a)
  • Change to Part 43 Appendix B

A complete set of the MARPA Comments can be found on the MARPA website.

MARPA files SMS Comments

On Monday, MARPA filed comments on the FAA’s Safety Management Systems (SMS) Notice of Proposed Rulemaking (NPRM).

MARPA’s comments illustrate a veriety of problems withthe proposed SMS regulations, including:

  • Paperwork Reduction Act inaccuracies
  • Regulatory Flexibility / cost-benefit inaccuracies
  • Redundancies
  • Alternative ways to achieve the desired results
  • Specific elements of the rule that needed to be changed

In addition, MARPA has also added some previously filed comments to the Government Affairs page on the MARPA website.

Congress Passes Safety Management Law

The next great management theory, Safety Management Systems, is now required by law!

The President signed into law the Airline Safety and Federal Aviation Administration Extension Act of 2010 on August 1. One of the provisions of this new law is a requirement that the FAA publish a notice of proposed rulemaking within 90 days that would impose a requirement for Safety Management Systems (SMS) on air carriers. Under the law’s deadline, the final rule must be issued by August 1, 2012.

Congress has directed that the SMS follow the model published in AC 120-92. This model diverges from the international standards for SMS that were published by ICAO by including additional details and elements, but it is nonetheless sufficiently similar to the ICAO model that air carriers following the new regulations ought to be in compliance with the international standards.

We should expect to see the NPRM published by November 1. It is likely that we will all want to comment on this proposal in order to make sure that data collection paradigms that are developed will support safety without imposing unwarranted burden on third parties. In addition, the model established for air carriers is likely to set the tone for the models that will eventually be imposed on other certificate holders.

The FAA continues to investigate strategies for implementing SMS rules for all certificate holding companies in aviation.

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