Says Disregard For Rulemaking Process Warrants Withdrawal Of Cylinder AD Proposal

The Aeronautical Repair Station Association (ARSA) has warned the FAA that its disregard of basic requirements for promulgating a safety regulation required an immediate withdrawal of a notice of proposed rulemaking.

The proposed Airworthiness Directive (AD) requires the inspection and replacement of cylinders used on certain engines manufactured by Continental Motors, Inc. ARSA’s comments rebuke the FAA for ignoring mandates contained in its airworthiness standards and Airworthiness Directives Manual, as well as the Administrative Procedure Act, Regulatory Flexibility Act, the Small Business Regulatory Enforcement Fairness Act, and the agency’s own internal guidance and policies regarding those laws.

“The agency’s failure to provide objective, substantiated engineering data and to complete an accurate analysis regarding the economic impact of the AD merits the immediate withdrawal of the proposal,” said Daniel Fisher, ARSA’s vice president of legislative affairs. “The FAA has made a mockery of the rulemaking process and Congress should take a close look at the agency’s actions.”

ARSA’s comments detail the FAA’s failure to comply with congressional mandates and internal guidelines by not providing the correct technical data and economic impact analysis in its proposal. The association includes industry economic data detailing the detrimental impact the AD will have on the aviation sector and small businesses.

“Due to the heavily regulated nature of the aviation industry, ARSA members are negatively impacted when government agencies fail to comply with basic requirements,” Fisher said. “When small entities are involved, the repercussions from improper government action are even greater.”

FMI: http://arsa.org/wp-content/uploads/2013/12/ARSA-FAA-2012-0002Comments-20131211.pdf