ARSA Statement on FAA Supplemental Regulatory Flexibility Determination

ALEXANDRIA, VIRGINIA, March 2011 – Craig Fabian, the Aeronautical Repair Station Association’s (ARSA) vice president of regulatory affairs and assistant general counsel, released the following statement in response to the Federal Aviation Administration’s (FAA) Supplemental Regulatory Flexibility Determination regarding its drug and alcohol testing rules for the aviation maintenance industry. ARSA challenged the rules in court because of the FAA’s failure to comply with Regulatory Flexibility Act (RFA).

“ARSA is carefully reviewing the FAA’s recent supplemental regulatory flexibility determination published in the Federal Register on March 8, 2011. We will issue a robust and detailed response once we have processed the information.

“As an initial reaction, it appears the FAA has issued this determination to prevent the U.S. Court of Appeals for the District of Columbia from issuing the writ of mandamus for which ARSA petitioned on Feb. 17. On March 1, the court gave the FAA ten days to show cause why it should not issue the requested writ and stay the application of the agency’s drug and alcohol testing rules to maintenance subcontractor employees while the FAA completes the final RFA analysis.

”ARSA will continue to pursue this case to ensure that FAA complies with its legal obligations and that the interests of small aviation maintenance contractors and subcontractors are protected in the rulemaking process.”

ARSA is an Alexandria, Virginia-based trade association that represents aviation maintenance and manufacturing companies. The association has a distinguished 25-year record of advocating for repair stations, providing regulatory compliance assistance to the industry, and representing repair stations on Capitol Hill and in the media. More information about ARSA is available at http://www.arsa.org.