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Exclusive: AMT’s Free IA Recurrency Exam
Supporting the
Model 47, a tried
and true light-
helicopter page 18
January/February 2013Scott’s - Bell 47
HELICOPTERS
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Airframe TechnologyThe Robinson Way A weeklong course in helicopter maintenance trainingPlus, an interview with Kurt RobinsonBy Steven Ells
Page 6 & 10
Turbine TechnologyElastomeric Components in Helicopter Operations Inspection and maintenance guidelinesBy Douglas F. LeRoy
Page 12
AMTSociety Mx Logs UpdateThe Maintenance Skills Competition
Page 17
From The FAAAre You Using FAA Human Factors Products? See what mxfatique.com offers
By Dr. Bill Johnson
Page 24
Online: Avionics TechnologyAir Data Today Airflow is critical to ensuring safe and reliable flight
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Online: Staying LegalMechanics Bill of Rights: FAA enforcement cases will change dramatically
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Industry ViewpointRivets: What helicopter mechanics need to know
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Management MattersHelicopter Hot FuelingSafety practices for rapid refueling
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Vertically SpeakingThe World of RotorcraftBy Matt Rigsby
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Scott’s - Bell 47Supporting the Model 47, a tried and true light-helicopter By Ronald Donner
Page 18
January/February 2013
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BARB ZUEHLKE JOSH JONES
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ARSA OutlookThe Law of Unintended ConsequencesBy Daniel B. Fisher
Page 30
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rédéric Bastiat, the great French legislator, economist, and writer detailed in his work, That Which is Seen, and that Which is Not Seen, the unintended consequence of gov-
ernment action.He wrote: [A]n act, a habit, an institution,
a law, gives birth not only to an effect, but to a series of effects. Of these effects, the first only is immediate; it manifests itself simultaneously with its cause — it is seen. The others unfold in succes-sion — they are not seen: it is well for us, if they are foreseen.
When it comes to politics and econom-ics, there isn’t a better way to describe the consequences of government action. Every law produces an anticipated effect, but it will also cause an unexpected result. The sooner the unforeseen can be uncovered (in the best circumstances this will occur prior to enact-ment); the better the public can adjust or rem-edy the situation. Unfortunately, U.S. lawmak-ers and the administration act (or fail to act in certain circumstances) every day and with that comes inadvertent costs to the public.
The unintended consequences are espe-cially profound when policymakers dive into areas where they have limited exper-tise. How many aviation maintenance spe-cialists were members of the last Congress? You guessed it: none. There were a handful of lawmakers with experience as pilots or as aviation industry executives, but there were no aviation mechanics, repair sta-tion owners, or A&Ps in Congress. In fact, most lawmakers have never even run a business. Additionally, there is already a complex regime of rules and mandates in place regulating the aviation industry. So, it shouldn’t come as a complete surprise that Congress, when legislating in the aviation maintenance arena, creates unintended consequences.
The voice of aviation maintenance
This is where the Aeronautical Repair Station Association (ARSA) enters the picture. ARSA is the voice of aviation maintenance in our nation’s capital educating lawmakers and regulators about the consequences of their actions. The association is engaged on behalf of certificated repair stations on a daily basis with those creating policy that will directly impact the aviation maintenance sector. In other words, ARSA is here to limit the impact when policymakers give “birth not only to an effect, but to a series of effects.”
The most recent FAA reauthorization is illustrative of ARSA’s role in the process. Until recently, the FAA was operating based on policies and funding levels set by Congress in the 2003 law VISION-100, which granted the agency operating authority through 2007. In February 2012, following 23 extensions of VISION-100, Congress finally enacted legisla-tion (the FAA Modernization & Reform Act) setting new policies and priorities for the agency. The process was long and arduous and ARSA was engaged throughout.
In the formulation of the new policies, it was clear key lawmakers had their sights set on contract maintenance. Legislation impacting the aviation maintenance industry was inevi-table; ARSA’s goal was to lessen the negative consequences (both intended and unintended).
One proposal would have mandated FAA inspections of all certificated foreign repair stations regardless of bilateral agreements. The intended consequences were apparent (duplicative, burdensome inspections for repair stations), but the unforeseen were not so obvious (the collapse of the U.S.-E.U. bilateral safety agreement, increased certification costs for U.S. repair stations).
In the end, the industry’s efforts paid off.
Law of Unintended ConsequencesEvery law produces an anticipated effect, but it will also cause an unexpected result
By Daniel B. Fisher
FDaniel B. Fisher is ARSA’s vice president of legislative affairs. He can be reached at [email protected] or (703) 739-9543.
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30 January/February 2013 Aircraft Maintenance Technology • www.AviationPros.com • www.AMTSociety.org
ARSA OUTLOOK
The final bill codified FAA policy requiring that foreign repair sta-tions be inspected annually by agency safety inspectors in a man-ner consistent with BASAs. It also ensured the FAA can carry out additional inspections based on identified risk. The FAA need not perform duplicative inspections in areas where there are BASAs in place. There will still be conse-quences, both intended and unin-tended, but they will be limited because of the Association’s early engagement with key lawmakers.
ARSA also anticipated congres-sional action in the area of “noncer-tificated maintenance providers,” a subject about which few on Capitol Hill had any real knowledge. To guide the process, ARSA proposed specific language to limit the nega-tive consequences of the bill. In the end, many of our suggestions were incorporated into the final provi-
sion governing maintenance pro-viders for Part 121 air carriers.
Regulatory falloutOf course, legislation creates
regulatory fallout and the FAA bill is no exception. For example, on Nov. 13, the FAA issued a Notice of Proposed Rulemaking (NPRM) in response to the legislation’s “non-certificated maintenance” provision that seeks to amend rules govern-ing Part 121 and Part 135 operators. Specifically, the proposal mandates operators to develop “policies, procedures, methods, and instruc-tions” for oversight of contract maintenance providers that are acceptable to the FAA as part of the operator’s maintenance manual.
While we are still assessing the NPRM’s full impact on repair sta-tions and air carriers, there is no doubt the new regulation will have consequences, both intended and
inadvertent, for the whole industry.Government action is inevi-
table; however, when it decides to act and it will impact repair sta-tions, ARSA’s first priority is to limit damage. We next educate the industry about the consequences and, if necessary, work to change the detrimental law or regulation. ARSA will continue engagement on all fronts, but we need the entire industry to join our efforts.
In conclusion, I will quote another Frenchman, Bernard of Clairvaux, whom many believe coined the idiom “the road to hell is paved with good intentions.” Lawmakers and regulators may have virtuous objectives, but it doesn’t mean that their actions won’t put us on a path toward dev-astation. AMT
For the latest information relating to the repair station industry visit www.ARSA.org.
Aeronautical Repair Station Association
The Aeronautical Repair Station Association (ARSA) is the only association devoted to the unique needs of the $50 billion worldwide civil aviation maintenance industry. The Association is dedicated to helping its member companies run their operations more efficiently and effectively, while continuing to guarantee the safety of aircraft worldwide.
Ensuring good government and fair oversight is hard work—ARSA does the spadework that provides the aviation industry with the essential knowledge and practical advice needed to ensure business survival.
Your premier source for aviation regulatory compliance assistance.
www.arsa.org
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ARSA OUTLOOK
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