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the ICA for the aircraft, Parker Hannifin must provide Sonico the ICA for the
Sensor referenced in this complaint.
4. FAA Legal Interpretation: Order 8110.54
FAA Order 8110.54, issued on July 1, 2005, reinforces the fact that design
approval holders must provide ICA to properly rated repair stations under
§ 21.50(b) (IOP 11). The opinion sets forth four conditions that, if met, require a
design approval holder to make ICA available to the repair station. Those
conditions are set forth in italics below, with the relevant facts in bold.
1. Application for the latest related type certificate (original, amended or
supplemental) was made after January 28, 1981.
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Airbus applied for the type certificate for the A340-541 and A340-642
aircraft on [Airbus Model A340-642 - approved July 22, 2002, Airbus Model
A340-541 - approved January 27, 2003].
2. The latest related certification basis includes § 21.50 as amended
09/11/80 or later (and § 25.1529 as applicable), i.e., the certificate
holder was required to develop (furnish) ICA as part of the certification
process.
The certification basis for the A340-541 and A340-642 model aircraft
encompasses § 21.50(b) and part 25, amendments 25-1 through 25-95, 25-
97, 25-98, and 25-104. Part 25, appendix H was added by Amendment 25-54.
3. The requester (repair station) of the ICA is currently rated for the
product/part and is required by Chapter 1 of 14 CFR to comply with the
ICA for the product/part.
Sonico is rated to perform maintenance on the specified Parker Hannifin
accessories. As discussed above, in performing work on these
accessories, Sonico is required under Chapter 1 of Title 14 CFR to comply
with the ICA for these parts. Specifically, §§ 43.13 and 145.109(d) require
that Sonico possess and use the ICA in performing maintenance,
preventive maintenance and alterations on the Sensor.
4. If the requested ICA data are a CMM or specific repair information, the
design approval holder must refer to the CMM or repair information in
higher-level ICA (airplane, engine, or propeller ICA) as the source of
information for continued airworthiness actions.
It is Complainant’s understanding that the Airbus A340 Aircraft
Maintenance Manual (AMM) states that the AMM provides information for
performing maintenance on aircraft including references to the CMMs of its
suppliers. The CMM contain maintenance instructions specifically required
by Title 14 CFR part 25, appendix H, paragraph H25.3(b). With respect to
the Parker Hannifin Dual Temperature Sensor Part Number 055-019-001, it
is Complainant’s understanding that the Airbus AMM refers to the Parker
Hannifin CMM for this component. Indeed this is the reason Complainant
brings this complaint on behalf of its member who was unable to obtain the
CMM from the design approval holder, Parker Hannifin. Complainant urges
the FAA to examine the A340 AMM to determine whether this condition is
satisfied.
D. Required Content: Instructions for Continued Airworthiness (ICA)
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The ICA for PMA parts must contain all appropriate instructions essential to the
continued airworthiness of the affected product. The ICA required by part 25
contains the Maintenance Instructions for the Sensor. Parker Hannifin has failed
to provide these instructions to Sonico.
1. Meaning of Airworthiness
Under the statute formerly known as the Federal Aviation Act of 1958,3 the FAA
must oversee the design, production, operations and maintenance of civil
aviation products and other articles.4 The FAA accomplishes its statutory
responsibility through a comprehensive regulatory system that covers each
person engaged in these activities.5 Although the rules vary depending on the
specific FAA certificate or approval obtained, the concept of airworthiness applies
equally to all regulated persons. Each entity functions as part of an integrated
civil aviation system that maintains safety at each stage of an article’s “regulatory
life.”
Designed articles must meet the applicable airworthiness standards (including
the ICA requirements) contained in parts 23, 25, 27, 29, 31, 33 and 35 of the
regulations. Each article, produced in conformity with its approved design, must
also be in condition for safe operation when it leaves the control of the design
approval holder or production approval holder.
Similarly, the regulations require that parties operating aircraft do so in an
airworthy manner. The regulations, guidance material, and enforcement cases
make it abundantly clear that this only occurs when owner/operators or the
maintenance providers working on their behalf, perform maintenance, preventive
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