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products prepare instructions relating to their installation, operation, servicing and
maintenance. In the case of aircraft engines, the rules specifically required that the
manuals be made available to persons performing maintenance under the applicable
regulations.5 Additionally, Technical Standard Orders (TSOs) have consistently
required development and dissemination of maintenance information. Between 1941
and 1980 (when the current version of section 21.50(b) were adopted), the FAA and its
predecessor agency have consistently required that the holders of design approvals for
aircraft, aircraft engines, propellers and appliances prepare instructions for performing
maintenance.
Section 21.50(b) contains the current legal requirement for establishing and
distributing the ICAs:
[t]he holder of a design approval, including either the type certificate or
supplemental type certificate for an aircraft, aircraft engine, or propeller for
which application was made after January 28, 1981, shall furnish at least
one set of complete Instructions for Continued Airworthiness, prepared in
accordance with §§ 23.1529, 25.1529, 27.1529, 29.1529, 31.82, 33.4, or
35.4 of this chapter, or as specified in the applicable airworthiness criteria
for special classes of aircraft defined in § 21.17(b), as applicable, to the
owner of each type of aircraft, aircraft engine, or propeller upon its
delivery, or upon issuance of the first standard airworthiness certificate for
the affected aircraft, whichever occurs later, and thereafter make those
instructions available to any other person required by this chapter to
comply with any of the terms of these instructions. In addition, changes to
the Instructions for Continued Airworthiness shall be made available to
any person required by this chapter to comply with any of those
instructions.
Section 21.50 applies to the holder of a design approval, including either a type
certificate or supplemental type certificate for an aircraft, aircraft engine or
propeller for which application was made after January 28, 1981.
Complainant, through the experience of its members Aerotron and TPS,
respectfully submits that Airbus, by not providing these certificated and
appropriately rated repair stations with the ICAs for the Liebherr air cycle
machine (Part No. 1263A0000), flow control valves (Part Nos. 1303A0000 and
751A0000) and check valve (Part No. 2290A050000), has violated section
21.50(b).
5 See Parts 6, 7, 13 and 14 of the Civil Air Regulations (CARs) and corresponding Parts of the
recodified FAR.
7
1. Airbus is the Holder of the Airbus A320 Design Approval
Complainant submits that a design approval holder includes the holder of a type
certificate, supplemental type certificate, Parts Manufacturer Approval (PMA) or
Technical Standard Order Authorization (TSOA). Airbus holds TC No. A28NM
and is clearly covered by section 21.50(b) (see IOP 1 at page 1). This TC
includes the A320-100/200 series of aircraft (see IOP 1 at page 13).
2. Application for A320 TC was made after January 28, 1981
FAA personnel in the FAA’s Northwest Mountain Region have advised
Complainant that the reference date of application for the Airbus A320 TC is
February 7, 1984. The reference date of application for all other Airbus models
listed on TC A28NM was also subsequent to January 28, 1981.6
The FAA first issued the TC for the A320-100/200 series aircraft on December
15, 1988 with the approval of the A320-111 and 211. Further approvals for other
A320 models were issued between July 6, 1989 and December 12, 1996.
3. The ICAs for the Airbus A320 include the CMMs for the
Liebherr components
a) The Liebherr components are appliances
Part 25, Appendix H, paragraph H25.1(b) mandates that the ICAs for each
airplane must include the ICA for each engine and propeller (thereafter
designated as “products”), for each appliance required by this chapter, and any
required information relating to the interface of those appliances and products
with the airplane.
“Appliance” is defined in section 1.1 to mean “any instrument, mechanism,
equipment, part, apparatus, appurtenance, or accessory, including
communications equipment, that is used or intended to be used in operating or
controlling an aircraft in flight, is installed in or attached to the aircraft, and is not
part of an airframe, engine, or propeller.” (emphasis added.)
The components referenced in this complaint, flow control valves (Part Nos.
751A0000 and 1303A0000), check valve (Part No. 2290A050000) and air cycle
machine (Part No. 1263A0000-02) are appliances within the meaning of 14 CFR
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