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maintenance industries on the requirements of the FAR.
Respondent Airbus is the holder of Type Certificate (TC) No. A28NM. (IOP 1)
The TC covers various models of Airbus A318, A319, A320 and A321 aircraft.
The particular focus of this Complaint is the Airbus A320 although the facts and
circumstances that pertain to that aircraft may also apply to other models listed
on TC A28NM. Respondent’s address, as noted on the TC, is:
1, Rond-Point Maurice Bellonte
31707 Blagnac, France
II. LIST OF ITEMS OF PROOF (IOP)
• IOP 1 – Airbus Type Certificate No. A28NM
• IOP 2 – Aerotron AirPower, Inc.’s (Aerotron) request, and Liebherr’s
refusal
• IOP 3 – Aerotron’s request to Airbus
• IOP 4 – Aerotron’s air agency certificate and ratings
• IOP 5 – Texas Pneumatic Systems, Inc.’s (TPS) initial request to Liebherr
• IOP 6 – TPS’ initial request to Airbus
• IOP 7 – TPS’ air agency certificate and operations specifications
• IOP 8 – TPS’ second request to Liebherr
• IOP 9 – TPS’ second request to Airbus
• IOP 10 – Watts Agricultural Aviation, Inc. civil penalty case
• IOP 11 – FAA legal interpretation (Whitlow letter)
3
• IOP 12 – FAA legal interpretation (AGC-210 letter)
• IOP 13 – NTSB safety recommendation (Emery accident)
• IOP 14 – Excerpt from NTSB accident report (Alaska Airlines)
• IOP 15 – Aero Lectrics, Inc. certificate action case
• IOP 16 – Empire Airlines, Inc. civil penalty case
• IOP 17 – Missouri Aerotech Industries, Inc. certificate action case
• IOP 18 – Alphin certificate action case
• IOP 19 – Warbelow’s Air Ventures, Inc. civil penalty case
• IOP 20 – USAir, Inc. civil penalty case
III. FACTS
On May 14, 2003, Aerotron AirPower, Inc. (Aerotron), a Part 145 repair station,
sent an e-mail to Erika Matern, Liebherr Customer Service-Technical Services
requesting a price quote for Liebherr Component Maintenance Manual (CMM)
21-52-16 for Part No. 1263A0000 (air cycle machine). On May 19, 2003, Ms.
Matern replied that Liebherr “does not sell such documentation to repair stations.
We only deliver to the aircraft operators. Therefore we are not in position to
supply the requested technical publication.” (IOP 2)
On August 15, 2003, Aerotron sent a letter to Donna Miller of Airbus’ Herndon,
Virginia office requesting a copy of the above ICA (IOP 3). The letter informed
Airbus that Liebherr had refused to provide the required information and a copy
of that refusal was enclosed. Aerotron identified itself as an FAA-certificated
repair station that was rated to perform maintenance on the air cycle machine
(IOP 4). As of the date of this Formal Complaint, Airbus has not responded to
Aerotron’s request. Complainant submits that this is a refusal to provide ICAs
contrary to section 21.50(b).
On August 7, 2003, Texas Pneumatic Systems (TPS), Inc. sent identical letters
to Liebherr (IOP 5) and Airbus (IOP 6) requesting quotations for the purchase of
technical manuals for Liebherr Part Nos. 1303A0000 (flow control valve) and
2290A050000 (check valve). TPS identified itself as an FAA-certificated repair
station that held Class 1 and Class 2 accessory ratings (IOP 7). As of the date of
this Formal Complaint, TPS has not received a reply from either Liebherr or
Airbus. Complainant submits that these are refusals contrary to section 21.50(b).
4
On September 17, 2003, TPS sent identical letters to Liebherr (IOP 8) and Airbus
(IOP 9) reiterating its request for the flow control valve and check valve
referenced above. In addition, it requested the CMM for Liebherr Part No.
751A0000 (a different flow control valve). As of the date of this Formal
Complaint, neither Liebherr nor Airbus has responded to TPS. Complainant
submits that these are refusals to provide required information contrary to section
21.50(b).
IV. ANALYSIS
A. The Meaning of Airworthiness
The FAA is required by statute to oversee the design, production, operations and
maintenance of civil aviation products and other articles.2 This is accomplished
through a comprehensive regulatory system that covers each person engaging in
these activities.3 Although the rules vary depending on the specific FAA
certificate or approval obtained, the concept of airworthiness applies equally to all
regulated persons. Indeed, it allows each entity to function as part of an
integrated civil aviation system where safety is maintained at each stage of an
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