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section 1.1. The ratings appropriate for maintenance, preventive maintenance
and alteration of these articles are the accessory ratings held by Aerotron, TPS
and other similarly situated repair stations. They are described in section
145.35(f), which provides in pertinent part:
6 Complainant was advised that the reference date of application for the Airbus Model (1) A321
was November 30, 1989, (2) A319 was June 17, 1992, and (3) A318 was November 15, 2001.
8
Accessory ratings.
1) Class 1: Mechanical accessories that depend on friction, hydraulics,
mechanical linkage, or pneumatic pressure for operation, including
aircraft wheel brakes, mechanically driven pumps, carburetors, aircraft
wheel assemblies, shock absorber struts and hydraulic servo units.
2) Class 2: Electrical accessories that depend on electrical energy for
their operation, and generators, including starters, voltage regulators,
electric motors, electrically driven fuel pumps magnetos, or similar
electrical accessories.
3) Class 3: Electronic accessories that depend on the use of an electron
tube transistor, or similar device, including supercharger, temperature,
air conditioning controls, or similar electronic controls.
The ICAs must be supplied either by the manufacturer of an appliance or product
installed in the airplane, or by the manufacturer of the airplane. Indeed, section
H25.1 (b) provides:
[I]f Instructions for Continued Airworthiness are not supplied by the
manufacturer of an appliance or product installed in the airplane,
the Instructions for Continued Airworthiness for the airplane must
include the information essential to the continued airworthiness
of the airplane. (emphasis added.)
b) Required ICA content
The ICAs for Part 25 airplanes consist of three sections: an airplane maintenance
manual, maintenance instructions and an airworthiness limitations section. With
respect to maintenance instructions for appliances and other installed
accessories, Part 25, Appendix H, paragraph H25.3 (b) provides, in part, as
follows:
(b) Maintenance instructions7. (1) Scheduling information for each
part of the airplane and its engines, auxiliary power units, propellers,
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
7 In accordance with Part 1, “maintenance” means inspection, overhaul, repair and the
replacement of parts, but excludes preventive maintenance. In accordance with section 43.2,
“overhaul” includes disassembly, cleaning, repairing as necessary, reassembly, and testing in
accordance with approved standards and technical data which have been developed and
documented by the holder of a type certificate, supplemental type certificate, or a material,
part, part, process or appliance approval under section 21.305(d)(emphasis added). All of
the required elements of an overhaul must be performed in accordance with methods, techniques
and practices acceptable to the Administrator.
9
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. (emphasis added)
c) FAA legal interpretations: CMMs are part of the ICAs
On December 13, 1999, the FAA’s deputy chief counsel issued a legal
interpretation on the issues raised in this Complaint (the “Whitlow letter,” IOP 11).
GE Accessory Services-Grand Prairie, Inc. (GE-Grand Prairie) protested British
Aerospace PLC’s (BAe) refusal to provide ICAs for various airframe components
installed on the BAe-146 airplane.
The Whitlow letter described the essential elements of a section 21.50(b)
violation: First, the subject components must be part of the approved type
design, and not added by someone other than the design approval holder
pursuant to a Supplemental Type Certificate. There is no doubt that the Liebherr
air cycle machine, flow control valves and check valve are part of the Airbus
A320 type design. Second, the repair station requesting the ICAs must be
certificated and appropriately rated to perform maintenance on the components.
Aerotron and TPS meet these requirements. Therefore under section 21.50(b),
Airbus is required to provide Aerotron and TPS with the ICA for the requested
Liebherr components.
An AGC-210 legal opinion dated April 14, 2003 validated the fact that CMMs are
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