Lift the ban

The FAA’s inability to certificate new part 145 foreign repair stations is preventing U.S. companies from accessing international markets and serving customers, stifling growth in the industry. The prohibition on certification is the perfect example of the detrimental impact that bad legislation can have on our industry. The FAA must be permitted to once again certificate new foreign repair stations.

How did we get here?

In 2003, Congress enacted VISION 100, which contained a provision requiring TSA to issue repair station security rules for domestic and international facilities by August 2004 and to audit foreign for compliance with the regulations within 18-months. The agency failed to meet its deadline.

In 2007, lawmakers approved the Implementing Recommendations of the 9/11 Commission Act. The legislation again mandated TSA to finalize repair station security rules. Only this time, Congress demanded that the regulations be completed by August 3, 2008 or FAA would be prohibited from issuing new foreign repair station certifications after that date. The TSA missed the deadline and the ban took effect.

The ban represents an unprecedented move by Congress to prohibit one federal agency (FAA) from performing its responsibilities because of the inaction of another (TSA). This moratorium has prevented the FAA from issuing certification to new foreign repair stations, undermining the ability of U.S. companies to grow overseas. Essentially, Congress is punishing the aviation maintenance industry for the inaction of a federal agency.

On November 16, 2009, more than a year after its congressionally imposed deadline for release, TSA issued draft security rules. Repair stations and other interested parties had until Feb. 19, 2010 to submit comments regarding the rules impact. However, since issuing its proposed rules, the agency has taken no action to indicate any further progress on the regulations. The ban stands.

The campaign

After hearing countless complaints from ARSA members about how the ban was negatively impacting their businesses, the Association launched a campaign to persuade Congress to lift the moratorium on new foreign repair station certificates. In addition to the harmful impact experienced by U.S. aerospace companies, the ban has eroded U.S. leadership in aviation services and regulation. The prohibition has essentially made the FAA a second tier player in the rapidly expanding global aviation market.

ARSA is actively working on Capitol Hill to overturn this prohibition on American business and ingenuity.

To encourage your lawmakers to “Lift the Ban” visit www.ARSAaction.org.