The Aeronautical Repair Station Association (ARSA) asked the FAA to clarify when the new owner of a repair station can apply for an amended versus a new certificate. A change to the repair station rule [revised FAR 145.57(b)], effective in November, states that the new owner of repair station assets “…must apply for an amended or new certificate in accordance with FAR 145.51.”

Laura Vlieg, ARSA’s regulatory affairs manager, pointed out that the addition of the words “or new” was not mentioned in the proposed rules, but the FAA's reasoning is that “[t]he revision clarifies that a new owner will need to apply for a new certificate only if the new owner chooses to operate as a repair station.

“Clarity and consistency are key. ARSA has been working for months to ensure the new repair station rule is clear to those who must follow it, and consistent with existing laws, regulations and guidance,” Vlieg told AIN. “How can a new owner of a repair station get off on the right foot when it’s not even clear what kind of certificate to apply for? One step at a time, we are going to clean up this rule and help the agency make a little sense.”

According to ARSA, the change has resulted in confusion rather than clarity. While the association recognizes that a repair station certificate cannot be transferred, amending one takes fewer resources for both the industry and the FAA. Considering the current waiting time for a new certificate can be up to two years, any uncertainty regarding the application is unacceptable.

“It should be very clear by now how much trouble can be caused by a misplaced or unnecessary word in the regulations,” said ARSA executive director Sarah MacLeod. “I say that because ARSA has been making exactly that point for months. Since the new repair station rule was announced last year, this association has been working to scrap every one of these ‘broken parts,’ since they offer no safety benefit to the flying public and represent an immeasurable administrative burden for repair stations.”

Along with its letter, ARSA submitted suggested changes to guidance material. The association asked the FAA make clear an application for a new certificate is required only in the case that the new owner opts for a new certificate number. And even then, the processing interval should depend on the changes the new owner makes to the location, housing, facilities, equipment and personnel.