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1. Parker Hannifin Holds the Design Approval for the Dual
Temperature Sensor Part Number 055-019-001 .............................8
2. Airbus Made its Application for the A340-541 and A340-642 After
January 28, 1981.............................................................................8
3. The Parker Hannifin Sensor is an Accessory that is Part of the
Model A340-541 and A340-642 and Subject to the ICA
Requirements ..................................................................................9
4. FAA Legal Interpretation: Order 8110.54.........................................9
D. Required Content: Instructions for Continued Airworthiness (ICA)...........10
1. Meaning of Airworthiness ..............................................................11
2. Accessory Maintenance Instructions .............................................12
E. The Parker Hannifin ICA are Essential to Continued Airworthiness .........12
1. Failure to Follow the Applicable Maintenance Manual...................12
2. Operations with Improperly Repaired Appliances..........................14
IV. CONCLUSION ..............................................................................................15
1
U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
WASHINGTON, DC 20591-0004
AERONAUTICAL REPAIR STATION
ASSOCIATION
)
)
)
)
Complainant )
)
vs. ) Docket No.
)
Parker Hannifin Corporation )
)
)
Respondent )
)
PART 13 FORMAL COMPLAINT
I. INTRODUCTION
Pursuant to Title 14 C.F.R. § 13.51, Complainant, the Aeronautical Repair Station
Association (“Complainant”, “ARSA” or “Association”), respectfully submits this
Formal Complaint to the Administrator on behalf of its member, Sonico, Inc.
(Sonico).
Complainant alleges that Parker Hannifin Corporation (Parker Hannifin), a Parts
Manufacturer Approval (PMA) holder under § 21.303, violated § 21.50(b) by
refusing to make Instructions for Continued Airworthiness (ICA) available to
persons required to comply with those instructions when performing maintenance
on articles for which Parker Hannifin holds the design approval.
Complainant requests that the Federal Aviation Administration (FAA) institute an
investigation and issue an order finding that Parker Hannifin is in violation of
§ 21.50(b). The information and Items of Proof (IOP) submitted herein will
enable the FAA to expeditiously conclude an informal investigation as
contemplated by §13.5(i). Should the Administrator believe that additional
information is necessary to make a final determination, ARSA urges the
1 All regulatory citations are to Title 14, Parts 1 through 199 of the Code of Federal Regulations
(CFR) unless otherwise noted.
2
Administrator to issue an order of investigation in accordance with part 13,
subpart F.
ARSA represents the interests of aircraft maintenance and alteration facilities
before the FAA, the National Transportation Safety Board (NTSB), other federal
agencies, and National Aviation Authorities (NAA) around the world. Its
members perform maintenance and alterations on behalf of U.S. and foreign air
carriers, as well as other aircraft owners and operators. In addition, the
Association’s membership includes companies that distribute parts to
international civil aviation businesses, as well as air carriers and manufacturers.
Through its publications, training activities and annual repair symposium, ARSA
educates the aviation design, production and maintenance industries on
domestic and international regulatory requirements.
Sonico is a part 145 certificated repair station located in the state of Washington.
It holds accessory and limited airframe, landing gear and radio ratings (IOP 1 &
2). Sonico is a member of ARSA, and requested the Association’s assistance in
filing this complaint after Parker Hannifin refused numerous requests for the ICA
that are the subject of this complaint.
Respondent Parker Hannifin is the holder of PMA No. PQ0658NE (IOP 3). The
PMA covers Dual Temperature Sensor (Sensor) part number 055-019-001. This
Complaint focuses on the Sensor installed on the Airbus A340-541 and A340-
642 aircraft. Respondent’s address, as noted on the PMA, is:
II. FACTS
Parker Hannifin holds the PMA for the Sensor part number 055-019-001. Parker
Hannifin applied for the PMA for the Sensor after January 28, 1981 and the
affected product had a type certificate (TC) application date after January 28,
1981. [Part Manufacturer Approval dated 09/02/2005, Airbus Model A340-642 -
approved July 22, 2002, Airbus Model A340-541 - approved January 27, 2003]
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