Has Filed A Motion For Leave To Intervene In Two Cases Before The NTSB

On Aug. 27, the Aeronautical Repair Station Association (ARSA), took the unusual step of requesting the law firm of Obadal, Filler, MacLeod & Klein, P.L.C. (OFM&K) file a motion for leave to intervene in two cases before the National Transportation Safety Board.

The association requested the law firm represent the interests of its part 121, 135 and 145 applicant and certificate-holding members who seek to obtain repairman certificates for qualified individuals.

The matters before the Board involve a repair station making recommendations supporting repairmen certificates for supervisors with approval for return to service duties. The FAA denied the recommendations.

“The denials were not based upon whether the individuals were qualified to perform the work appropriate to the job of supervisor set forth in the rules governing repair stations,” said ARSA Executive Director Sarah MacLeod, who is also managing member of OFM&K. “Nor were the denials based upon the individuals lacking the practical experience required. The FAA’s answer to the repairmen appellants was that an outdated advisory circular and equally stale internal guidance did not ‘allow’ such a rating. Ironically, the internal guidance upon which the FAA relies plainly states: Repairmen do not have a rating other than ‘Repairman.’”

The association has unsuccessfully sought changes to align the advisory circular and internal guidance with the regulations since the repair station rules changed in early 2000. When it became aware of the repairmen appealing their denials, it took the rare opportunity to seek judicial resolution of the long-standing mismatch.

“[Air agency and air carrier certificate holders] are required to ensure an individual holds the proper qualifications to be assigned certain jobs and/or duties,” ARSA’s motion said, explaining the connection between the specific cases and the broad aviation industry’s interest. The submission is the association’s most-recent action in a long-standing effort to correct an unsupported contention by the FAA that a repairman certificate is an unfit substitute for an individually held airframe and/or powerplant mechanic certificate.

ARSA maintans that correcting this governmental bias will protect rights of repair stations to manage personnel according to the plain language of the aviation safety rules.

FMI: https://arsa.org/, https://arsa.org/wp-content/uploads/2020/08/ARSAMotionForLeaveToIntervene_NTSBCD30003-4_20200827.pdf