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The Value of the Public – Private Partnership in Referencing Standards in Regulations. Laura Hitchcock The Boeing Company. The Government and Standards. Governmental agencies can develop their own standards or use standards developed by other SDOs Adoption Strong Deference
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The Value of the Public – Private Partnership in Referencing Standards in Regulations Laura Hitchcock The Boeing Company
The Government and Standards • Governmental agencies can develop their own standards or use standards developed by other SDOs • Adoption • Strong Deference • Basis of Rulemaking • Regulatory Guides • Guidelines • Deference in Lieu of Developing a Mandatory Standard • Trade Agreements, WTO policy, and National Policies state the need, preference and value of using industry standards to support rule making
Advantages of Referencing Standards in Regulations • Meets a need – supports a solution most likely to meet the expectations of the majority of stakeholders addressed by the regulation • Verification – a standard which lends itself to 3rd party assessment enhances confidence in a product or system, providing support to regulatory requirements • Access to Expertise – a standard may represent the breadth and depth of a broader expert pool than the regulatory authority has • Uniformity of Requirements – a standard produced with representation from multiple regulatory authorities results in more uniform requirements and reduces trade barriers • Marketplace Compliance – by referencing standards which address both marketplace and regulatory requirements, the likelihood of compliance is increased, reducing the oversight burden • Efficiency – if industry is using the same standards to meet market needs and regulatory needs, it’s more efficient and less costly for both • Resource savings – referencing a standard to support a regulation or in place of rule making is likely to save significant resources, even when balanced with the costs to regulatory authorities in participating in the standards development process
The value to Federal Agencies in using voluntary consensus standards • Reduces the cost to the Federal Government of developing government unique standards • Encourages reliance on the private sector to supply government’s needs for goods and services • Allows federal agencies to choose from a wide range of SDOs and standards to meet regulatory needs • Provides solutions built by the broadest number of stakeholders ensuring widest adoption and adherence • Technical requirements in standards are maintained and reviewed at appropriate intervals to ensure current technological developments are incorporated • Commercial needs of producers, users, and other stakeholders are addressed during the standards development stage which ensures regulations referencing these standard are more amenable to commercial acceptance and implementable • Allows agencies to stay abreast of new technologies • Provides agencies with opportunities to learn from both manufacturers and end users
Value to Industry in having Federal Agencies use voluntary consensus standards • Ability to shape and provide input into the technical requirements with which they will need to comply • Allows industry to work with federal agencies to develop standards to meet the needs of both • Ensures standards are developed by technical experts most familiar with the technology & issues • Ensures no one stakeholder is favored over another, whether industry, government or the public • Often means faster standards to support time to market while ensuring public safety
Discussion Questions • Is the US government active in the development of aerospace standards, both domestically and internationally? • How active is the international community in developing aerospace standards? • Are the US regulatory agencies endorsing the most recent aerospace standards? If not, how old are the standards that have been endorsed, and what is being done to encourage the endorsement of the most recent versions of standards? • Some planes still in service today are over twenty years old. Are these planes utilizing older or more current versions of standards? • Does the aerospace industry have a group like the NESCC where needs are articulated and SDOs are informed of potential projects they could work on? • Are there any safety implications in using outdated standards on equipment?
Additional Information • US Federal Aviation Administrationwww.faa.gov/aircraft/air_cert/ • Airworthiness (Second Edition)An Introduction to Aircraft Certificationhttp://www.sciencedirect.com/science/book/9780080968025