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person required by the regulations to comply with these instructions.
Notwithstanding the clear language of § 21.50(b), the FAA has been slow in
enforcing the design approval holder’s obligation to make ICA available to
maintenance providers. On the other hand, the agency has vigilantly enforced
the requirement that those performing maintenance do so in accordance with the
ICA. In ARSA’s view, this “double standard” of enforcement exists because the
FAA’s two primary safety oversight organizations, the Aircraft Certification
Service (design and production) and the Flight Standards Service (operations
and maintenance), have not developed a standard and uniform FAA policy. This
is particularly unfortunate at a time when the agency has encouraged certificate
holders to use a coordinated systems approach, complete with risk analysis, in
managing their daily operations. System safety concepts are grounded in the
fundamental belief that accidents and other safety lapses can be minimized by
identifying and addressing “precursors” before they become full-blown safety
problems.
In a policy statement issued on July 12, 2005, the FAA discussed the shared
responsibility of Design Approval Holders (DAHs) and operators in achieving
safety objectives. The FAA recognizes that to achieve safety goals in an
increasingly complex industry “we need to facilitate more effective
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communication of safety information between DAHs and operators.” Specifically,
the policy seeks to “build on current regulations (§§ 21.50, 21.99) that require
DAHs to “make available” certain service information that is necessary to
maintain the airworthiness of airplanes” (IOP 9). Clearly, this policy reinforces
the regulatory requirement of DAHs to provide airworthiness information,
including ICA, to operators and those that maintain owner/operator aircraft and
related components.
2. Part 25, Appendix H
Part 25 contains the airworthiness standards for the transport category aircraft
that require installation of the Parker Hannifin Sensor. One of those standards,
§ 25.1529, requires an applicant for an aircraft type certificate to prepare ICA in
accordance with appendix H. The appendix sets guidelines for the content and
details what the design approval holder must include in the ICA.
Appendix H, paragraph H25.1(b) states, “The Instructions for Continued
Airworthiness for each airplane must include the Instructions for Continued
Airworthiness for each engine and propeller (hereinafter designated “products”),
for each appliance required by this chapter, and any required information relating
to the interface of those appliances and products with the airplane.” Further the
ICA must be supplied either by the manufacturer of an appliance or product
installed on an aircraft, or by the manufacturer of the aircraft (see Appendix H,
para. H25.1(b)).
Appendix H, paragraph H25.3(b) also requires that ICA include:
(b) Maintenance Instructions. (1) Scheduling information for each part
of the airplane and its…accessories, instruments, and equipment that
provides the recommended periods at which they should be cleaned,
inspected, adjusted, tested, and lubricated, and the degree of
inspection, the applicable wear tolerances, and work recommended
at these periods. However, the applicant may refer to an
accessory, instrument, or equipment manufacturer as the
source of this information if the applicant shows that the item has
an exceptionally high degree of complexity requiring specialized
maintenance techniques, test equipment, or expertise. The
recommended overhaul periods…must also be included. In addition,
the applicant must include an inspection program that includes the
frequency and extent of the inspections necessary to provide for the
continued airworthiness of the airplane. (emphasis added)
As the appendix outlines, the ICA must contain details for performance of
maintenance, including specific information regarding maintenance techniques,
overhauls and inspections for each part of the aircraft. It further states that an
appliance manufacturer (i.e.: PMA holder) may provide the ICA (instead of the
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TC or STC applicant) when the item has an exceptionally high degree of
complexity. On several occasions, Sonico requested from Parker Hannifin the
detailed maintenance information appendix H explicitly requires (see IOPs 5
through 8). In violation of §§ 21.50(b), 25.1529 and part 25, appendix H, Parker
Hannifin consistently denied these requests by not responding to the Sonico’s
inquiries and numerous follow-up attempts.
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