September/October 2023 - 34

A R S A INS IG H T
Playing With Definitions
Plain reading
of the rules, in
aviation or sports
officiating,
requires careful
deconstruction
of words and
sentences.
Each fall, I spend considerable time officiating high school football games. This
primary hobby has provided an interesting perspective on regulatory compliance.
Officials have a rulebook, with guidance in the form of " case plays "
analyzing potential on-field events against established standards. There is
even an " Order 8900.1 " dictating how an officiating crew operates on the field.
Across my decade of service to aviation safety, a
few points about regulatory compliance have been
made evident by my avocation:
1. Open the book. ARSA training participants
have heard repeatedly that compliance is not a
" closed book test. " None of us should answer a
question or consider an issue without finding and
referencing the relevant rules. Unfortunately, an
official on the field doesn't have the opportunity
to pull out a rulebook while administering a contest;
being stripped of reference materials - while
being yelled at by coaches and spectators who don't
know the rules - is a stark reminder of a written
document's value.
2. Allow what's not prohibited. This point is
By Brett Levanto
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.
routinely made in ARSA's letters to civil aviation
authorities, highlighted in editorials, and was the
subject of a 2020 panel at the annual conference.
For sports officials, the National Federation of
High Schools is clearer on the point than the federal
government: " A rule sometimes states what
a player may do, but if there is no such statement
for a given act (such as faking a kick) it is assumed
that he may do what is not prohibited. " (See NFHS
Football Rule 2-37.) This principle drives flexibility
in compliance and reasonable oversight on the field
and in aviation safety.
3. Mind the meaning. The heftiest part of the
football rulebook is Rule 2 - Definitions. While the
book's drafters gave the top spot to foundational
standards for " the game, the field, the players, and
equipment, " every new official begins their study in
Rule 2. Over 14 pages, the book defines key terms.
From " targeting " a " defenseless player " to " players "
being " out of bounds " to " catching " a " legal forward
pass, " the standards governing play make sense
only through the lens of explanation.
This final connection with the aviation safety
rules is incredibly important. I've recently resurrected
my personal campaign challenging FAA
authority to issue certain airworthiness directives.
First with a parachute and now a life preserver,
34 SEPTEMBER/OCTOBER 2023
ARSA has questioned how the articles in question
fall under the applicability of Part 39. That
determination requires analyzing the definitions
of aircraft, aircraft engine, propeller, and appliance.
ARSA has three short training sessions on the word
" appliance " - the time is coming for a fourth, using
these examples to explain " why do you care? " - and
those who have followed along should recognize
the three-part standard well:
Appliance means any instrument, mechanism,
equipment, part, apparatus, appurtenance, or
accessory, including communications equipment,
that is (1.) used or intended to be used in operating
or controlling an aircraft in flight, is (2.) installed
in or attached to the aircraft, and is (3.) not part
of an airframe, engine, or propeller.
In the most recent letter to the FAA regarding
AD authority, the ARSA team dove even further
into the words within this definition. We
focused on " operating " or " controlling " an aircraft.
" Operate " is defined in § 1.1 as " [to] use, cause to
use, or authorize to use aircraft for the purpose ...
of air navigation. " Control " is without regulatory
definition but is described by Webster's as a verb
meaning " to exercise restraining or directing influence
over " with reference to " controls " as a noun
including " a device or mechanism used to regulate
or guide the operation of a machine. " Though some
rules, e.g., § 121.137, mandate equipage of approved
life preservers for extended overwater operations,
requiring an item as a perquisite for operation does
not equate to utilization or direction for air navigation
as described in the definitions of " Operate "
and " Control " .
Plain reading of the rules, in aviation or sports
officiating, requires careful deconstruction of
words and sentences. Regardless of whether
you're facing a misused applicability, a too-narrowly-defined
aircraft class, or an undefined
football playing action, compliance is an exercise
dependent on reading every word and using them
correctly.
AIRCRAFT MAINTENANCE TECHNOLOGY
September/October 2023

Table of Contents for the Digital Edition of September/October 2023
