Industry To FAA: Improve Rulemaking Transparency

ATEC is part of a broad coalition of industry organizations seeking more informed engagement and transparency from the FAA when the agency tasks industry with developing recommendations for rulemakings.

In a 22 October 24 letter to FAA Administrator Mike Whitaker, the coalition outlined its three main concerns: FAA representatives assigned to Aviation Rulemaking Advisory Committees (ARACs) sometimes lack appropriate expertise, the FAA chief counsel's office is not providing enough support on relevant legal parameters, and the agency does not consistently acknowledge industry recommendations.

"Aviation safety depends on open and transparent communications between the government and public. Whether perception or reality, the industry does not view the agency as open or transparent," the coalition wrote. "Its actions supporting rulemaking activities need attention."

The FAA has guidelines for supporting ARACs, which are subject to the Federal Advisory Committee Act and the more flexible, ad-hoc Aviation Rulemaking Committees that FAA tasks. But in many cases the guidance is not followed "to ensure the best possible result," the letter said.

For example, the FAA is responsible for maintaining Airman Certification Standards (ACS) to ensure aviation safety and address industry workforce needs. The ACS is the product of a long-standing, successful collaboration between the FAA and industry stakeholders, defining the knowledge, skills, and considerations required for airman certification, including mechanic certification. However, this collaborative process was recently jeopardized by an overly restrictive interpretation of the Administrative Procedures Act (APA), particularly regarding ex parte communication when certain ACS elements went into rulemaking. Once rulemaking began, the FAA's engagement with industry partners to improve ACS and related guidance materials effectively ceased, leaving industry “boxed out.”

The coalition is urging the FAA to consider several improvements. Among them: including formal training for the agency's ARAC and ARC appointees and more participation from senior FAA officials when recommendations--often an advisory committee's most important deliverable--are considered. The coalition proposes starting the process by meeting directly with Administrator Whitaker.

ATEC will continue to support the joint industry effort and keep technical education stakeholders informed on our progress.