Proposed AD Has Broad Implications
On Aug. 12, the Federal Aviation Administration (FAA) issued a
notice of proposed rulemaking
(NPRM) for an airworthiness directive (AD) on the replacement of certain cylinder assemblies.
FAA's failure to follow the most basic requirements for promulgating a regulation and the gross underestimation of the AD's repercussions for small businesses has ARSA's attention. The agency disregarded congressional laws (including the Regulatory Flexibility Act and the Small Business & Regulatory Enforcement Fairness Act), internal guidelines, and executive orders. It issued an NPRM without placing the technical data or economic analyses in the docket to substantiate its claims an unsafe condition exists and that small entities won't be detrimentally affected by the rule.
ARSA has made it a priority to ensure federal agencies follow mandates to properly assess the economic implication of regulatory actions and to provide the necessary information in the Federal Register to justify rulemakings. Even if this AD won't impact your company, agencies shouldn't be permitted to blatantly run afoul of the law without repercussion. Consequently, in the coming days, ARSA will unveil a grassroots effort to educate lawmakers and Small Business Administration officials about the need to hold the FAA and other agencies accountable for ignoring congressional mandates. Stay tuned, as we'll need the industry's involvement to ensure small business protections aren't ignored in the rulemaking process.
7701 Las Colinas Blvd., Ste. 800, Irving, TX 75063