Concerned that the FAA is creating an unfair regulatory balance that harms repair stations, the Aeronautical Repair Station Association (ARSA) is urging the U.S. Small Business Administration national ombudsman’s office to review the agency’s handling of rules surrounding instructions for continued airworthiness (ICA).

In its August 29 request, the association maintains that “the FAA fails to enforce the regulation requiring design approval holders (i.e. manufacturers) to make maintenance data available, while aggressively enforcing the rule requiring repair stations to possess that same maintenance data.”

With the FAA’s approach to enforcement, ARSA added, “many small businesses face unnecessary administrative and financial burdens and significant loss of business opportunities…The FAA’s unfair actions create winners and losers in the regulatory arena.” The unavailability of maintenance information was cited as the most pressing risk for ARSA members responding to a 2018 survey, the association added in its letter to the ombudsman.

ARSA turned to the ombudsman since its mission is to help small businesses that experience excessive or unfair federal regulatory enforcement actions, the association said. The ombudsman does not have authority to change the FAA policy, but it can investigate and work with the agency to resolve issues, ARSA added.

“ARSA has attempted to work with the FAA for more than three decades to bring consistency to the agency’s application of its ICA rules. Unfortunately, our concerns have failed to elicit serious consideration or any discernible action,” ARSA executive director Sarah MacLeod said. “We’re left with no choice but to use every available avenue to spotlight the agency’s failure to act.”

The FAA, meanwhile, responded that it is “actively working with manufacturers and repair stations to resolve the ICA concerns” and added, “We look forward to working with ARSA.”