FAA Reverses Maintenance Duty Time Legal Interpretation | Aero-News Network
Aero-News Network
RSS icon RSS feed
podcast icon MP3 podcast
Subscribe Aero-News e-mail Newsletter Subscribe

** Airborne 10.17.14 ** HD iPad-Friendly -- Airborne 10.17.14 **
** Airborne 10.15.14 ** HD iPad-Friendly -- Airborne 10.15.14 **
** Airborne 10.13.14 ** HD iPad-Friendly -- Airborne 10.13.14 **

Tue, Jan 08, 2013

FAA Reverses Maintenance Duty Time Legal Interpretation

Move Comes In Response To ARSA Protest, Trade Association Says

The FAA has withdrawn its legal interpretation of maintenance duty time limitations prescribed in Title 14 Code of Federal Regulations (14 CFR) section 121.377, according to the Aeronautical Repair Station Association (ARSA). In a news release, ARSA said the move came the day after Christmas in response to the trade association's protests.

Specifically, the agency reversed course on its May 18, 2010 legal interpretation meant to clarify the application of the rest provisions and equivalency standards under the regulation. However, the FAA had concluded that the rule rigidly required one day off out of every seven days, a position with which the association disagreed.

ARSA says that its December 2010 complaint prompted the agency’s reevaluation. ARSA noted that the agency’s interpretation overlooked the plain language of the rule and presented an impermissible deviation from longstanding FAA construction and application. The association said the rule clearly states the period of required rest is “24 consecutive hours during any seven consecutive days, or the equivalent thereof within any one calendar month.”

In response to ARSA’s complaint, the FAA published a notice in the Federal Register on April 15, 2011 requesting comments on its interpretation. On June 14, 2011, ARSA’s comments reiterated its assertion that the interpretation changed the plain language of the regulation without following the Administrative Procedure Act and must therefore be rescinded.

After two years, the agency finally agreed with ARSA’s position. In a Dec. 26, 2012 response to ARSA, the FAA acknowledged its error and stated that, “The requirement for equivalency lies in the amount of rest given, not in the way the schedule itself operates or is developed.”

ARSA says the delay has already imposed serious consequences on the industry. Air carriers, and their maintenance providers, rewrote schedules at significant cost in order to accommodate a wrongheaded bureaucratic action. It is notable that many other groups including Airlines for America, the Transport Workers Union of America, and the Professional Aviation Maintenance Association joined ARSA’s position in their comments to the regulatory docket. They say that the victory clearly establishes the value of actively engaging with the FAA when it strays from its regulatory perimeters.

FMI: www.arsa.org

Advertisement

More News

Klyde Morris (10.20.14)

Klyde Battles The Grammar Psychos!!! FMI: www.klydemorris.com>[...]

Airborne 10.17.14: Enstrom Delivers, Flight School Scandal, NBAA2014

Also: Rare O-46 Rebuild, Valor Unveiled, OK's Anti-Fly-In Airport, FAA Screw-Ups, The first Enstrom Model 480B-G has been delivered to Rick Boswell of New Hampshire with the Garmin>[...]

ANN's Daily Aero-Term (10.20.14): Altostratus

Altostratus This middle cloud genus is composed of water droplets, and sometimes ice crystals, In the mid-latitudes, cloud bases are generally found between 15,000 and 20,000 feet.>[...]

Aero-News: Quote Of The Day (10.20.14)

"I am extremely saddened by the loss of my friend. Peter devoted the last 23 years of his life to this wonderful mission. His faith, dedication, and hard work were something to emu>[...]

AeroSports Update: Sport Performance Aviation Selects Superior XP-320

Superior Air Parts Announces That Sport Performance Aviation Has Selected The XP-320 Engine For The SPA Panther Sport Aircraft Scott Hayes, V.P. Sales and Marketing for Superior Ai>[...]

blog comments powered by Disqus



Advertisement

Advertisement

Podcasts

Advertisement

© 2007 - 2014 Web Development & Design by Pauli Systems, LC