Regulatory knowledge is a requirement for aviation safety. Not only does it make sense as knowing the rules facilitate compliance, it is mandated.
For certificated individuals, the plain language of part 65 subparts D and E followed by the Airman Certification Standards clearly articulate knowledge and skills requirements. In the § 145.3(a) definition of “Accountable Manager” for repair stations includes responsibility for “ensuring repair station personnel follow the regulations.” Obviously, knowing and understanding are necessary to following. A premium on regulatory knowledge is best articulated in § 145.155(a)(1), which requires inspectors to be “thoroughly familiar with the rules of this chapter.”
Even without the regulatory mandates, maintenance organizations should ensure their training programs include competency requirements for the “cardinal regulations.” This is an ARSA term, not a regulatory one, derived from the English definition of “Cardinal” as meaning “of basic importance” (e.g., “a cardinal principle”). For those required to comply “with the rules of this chapter,” understanding those rules is of basic importance.
“This chapter,” means Chapter I of Title 14 of the U.S. Code of Federal Regulations. The Chapter includes parts 1-199 and is overseen by the Federal Aviation Administration. The FAA also promulgates rules in Chapter III related to commercial space flight, but those rules are administrative in nature and unrelated to performance of work on U.S. registered aircraft (defined in § 1.1 as “a device that is used or intended to be used for flight in the air”).
Knowing “the rules of this chapter” means understanding how the requirements in parts 1-199 impact your work. Focus should be on the elements of design, production, operations, and maintenance (the “Regulatory Chain”) that are required of “each person” performing maintenance or alteration, and approving work for return to service.
Some highlights should provide context:
Chapter I – Subchapter A – Part 1 – Definitions and Abbreviations
Definitions matter to regulatory compliance. No aviation professional should use regulatory terminology without confirming its meaning in part 1 (any term not defined in the rules reverts to its dictionary definition) or in the definitions section of the specific part in question.
Chapter I – Subchapter A – Part 3 – General Requirements
Part 3’s section on “statements about products, parts, appliances, and materials” (see, § 3.5) defines “airworthy.” The part also includes the standards set for persons making statements about aviation articles that impact purchasing, selling, or utilizing aircraft parts.
Chapter I – Subchapter B – Part 11 – General Rulemaking Procedures
Understanding and participating in the rulemaking process is one of the primary ways the industry can play offense against future problems in regulatory interpretation. From commenting on agency-promulgated proposals and final rules to submitting petitions for FAA action, the procedures in the “plain language rule” that is part 11 are required reading.
Chapter I – Subchapter B – Part 13 – Investigations and Enforcement Procedures
While knowing rulemaking is a method to prevent future problems, understanding the rules of enforcement can mitigate current ones. Recently, a non-ARSA member was lamenting to our team about paying the FAA. The company received the notice of proposed civil penalty and immediately paid the amount, ignorant of the various rights granted under part 13 and procedures through which the proposed amount could have been mitigated if not zeroed out.
In these three examples, before even getting into the “technical” rules of Chapter I, an individual working in a maintenance environment will find necessary detail for survival. Obtaining cardinal knowledge is required by the rules and demanded by good sense.
Brett Levanto is vice president of operations of Obadal, Filler, MacLeod & Klein, P.L.C. managing firm and client communications in conjunction with regulatory and legislative policy initiatives. He provides strategic and logistical support for the Aeronautical Repair Station Association.
