The Aeronautical Repair Station Association (ARSA) Wednesday joined the NTSB, AOPA, EAA, the National Air Transportation Association and others in requesting that the FAA reconsider proposed rulemaking regarding ECi cylinders used in Continental engines. ARSA wrote in electronic comments submitted to the FAA that the agency disregarded the most basic requirements for promulgating a regulation, by failing to comply with its own internal guidance policies. And As a matter of law, the FAA cannot establish that the cylinders should be subject to this regulatory action. The groups comments did not stop there and accused the FAA of acting in a threatening manner.
According to ARSA, the FAA failed to properly establish through evidence the existence of a flaw in the ECi parts that rises to the level of an unsafe condition. The FAA has failed to provide supporting documentation, ARSA said, and the agency instead includes veiled threats and disparaging assertions about the parts manufacturer in this situation. ARSA warns that under the Administrative Procedure Act, an agency must establish within the public docket the basis for its conclusion that an unsafe condition exists. ARSA also contested the FAAs conclusions regarding economic impact of its regulatory proposal. The rudimentary economic data provided by the agency is inadequate, inaccurate, and unsubstantiated, the group wrote. According to ARSA, In a nutshell, the agency disregarded laws, internal guidelines, and executive orders … and needs to withdraw the proposal immediately.
