Regulatory Counsel

Obadal, Filler, MacLeod & Klein, P.L.C. provides regulatory counsel services to aviation companies. Our objective is to help you interface more effectively and efficiently with federal regulatory agencies and Congress. Our services include:

Regulatory Integration

The process of integrating domestic and international regulatory requirements into a company’s business model. This creates the most efficient and effective methods for achieving regulatory compliance within a profitable enterprise. It does not matter whether your company holds one civil aviation certificate or multiple approvals; this approach to business management helps ensure financial success within a highly regulated environment.

Management of Certification Projects

Providing guidance, project management and oversight of company certification projects in the design, production, operation and maintenance arenas; assuring the company’s submittals to the aviation authority contain the requirements for issuance of design approvals, production authority, operational approvals and repair station certificates. The law firm can provide the regulatory expertise to communicate with the civil aviation authority on compliance matters in acquiring, transferring and managing type certificates, supplemental type certificates, production approvals, operational approvals and maintenance organizations.

Ensuring a Professional Relationship with the FAA

Developing written policies and procedures for managing your day-to-day dealings with the FAA, including:

  • Contacts with Aviation Safety Inspectors (normal surveillance activities)
  • Routine contacts
  • On-site visits
  • Agency requests for information
  • Formal investigations
  • Interviews of employees
  • Correspondence
  • Documentation of contacts
  • Internal reporting procedures
  • Voluntary disclosures to FAA
  • Developing the company’s legal position and strategy

Legal Opinions

Providing legal opinions of FAA regulations by researching pertinent statutes, prior agency interpretations, regulatory history and related guidance material.

Enforcement Defense

Representing clients in certificate action and civil penalty cases issued by the FAA under the 14 CFR and civil penalties assessed under the Hazardous Materials Regulations (HMR) of the Department of Transportation (DOT), including responding to letters of investigation and handling subsequent phases of the enforcement process.

Independent Regulatory Compliance Audits

Conducting privileged and confidential evaluations of compliance with FAA design, production, operations and maintenance rules using the following government inspection protocols and job aids:

  • Air Transportation Oversight System (ATOS)
  • Aircraft Certification Systems Evaluation Program (ACSEP)
  • Regional and local office safety inspections

FAA Inspections

Preparing the company for an FAA inspection by developing and implementing procedures to ensure a timely and appropriate response to inspection findings, documentation and real-time tracking of inspection activities and advice and counsel during and following the inspection.

Internal Company Investigations

Privileged and confidential investigations of potential violations Title 14 of the Code of Federal Regulations (CFR) and related criminal matters, such as intentional records falsification and fraud, hazardous materials compliance, parts documentation issues and whistleblower allegations.

May include formal interviews, preparation of written interview memoranda and the preparation of privileged and confidential reports to senior management.

Aircraft Accidents and Incidents

Advice and counsel in connection with all stages of NTSB and FAA accident and incident investigations, representation of the company and its employees in NTSB and FAA proceedings (including public hearings) and the preparation of documents to be submitted on the company’s behalf.

Rulemaking Proceedings

Providing legal, economic and technical analysis and drafting documents for filing with the FAA including:

  • Comments to the docket
  • Petitions for Exemption
  • Petitions for Rulemaking

Drafting of Company Manuals and Related Procedures

Drafting clear, concise and consistent company procedures to ensure compliance with the 14 CFR, including Repair Station Manuals, General Maintenance Manuals and portions thereof; record retention policies, purchasing and receiving inspection and other operational procedures.

Review of Contracts

Review and draft contract language to ensure compliance with the Federal Aviation Regulations and company business objectives.