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and operating certificates issued under the provisions of Part 121 or
135 and Part 129 operators holding operations specifications.
Unless otherwise notified by the Administrator, the methods,
techniques, and practices contained in the maintenance manual or
the maintenance part of the manual of the holder of an air carrier
operating certificate or an operating certificate under Part 121 or
135 and Part 129 operators holding operations specifications (that
is required by its operating specifications to provide a continuous
airworthiness maintenance and inspection program) constitute
acceptable means of compliance with this section.
b) Current Part 145
Repair stations are required to refer to the manufacturer’s standards in their
inspection systems under section 145.45(f), which states:
At the time he applies for a repair station certificate, the applicant
must provide a manual containing inspection procedures, thereafter
maintaining it in current conditions at all times. The manual must
explain the internal inspection system of the repair station in a
manner easily understood by any employee of the station. It must
state in detail the inspection requirements in paragraph (a) to (e) of
this section, and the repair station’s inspection system including the
continuity of inspection responsibility, samples of inspection forms
and the method of executing them. The manual must refer
whenever necessary to the manufacturer’s inspection
standards for the maintenance of the particular article. The
repair station must give a copy of the manual to each of its
supervisory and inspection personnel. The repair station is
responsible for seeing that all supervisory and inspection personnel
thoroughly understand the manual. (emphasis added.)
In addition to the general performance rules of section 43.13, repair stations must
follow the additional standards in section 145.57:
a) Except as provided in section 145.2, each certificated domestic
repair station shall perform its maintenance and alteration
operations in accordance with the standards in Part 43 of this
chapter. It shall maintain, in current condition, all
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manufacturer’s service manuals, instructions, and service
bulletins that relate to the articles that it maintains or alters.”
(emphasis added.)
c) The new Part 145
The new Part 145 continues to require ICAs. New section 145.51(b) provides, in
part, as follows:
The equipment, personnel, technical data, and housing and
facilities required for the certificate and rating, or for an additional
rating must be in place for inspection at the time of certification or
rating approval by the FAA. (emphasis added.)
New section 145.109(d) mandates that:
The following documents and data must be current and accessible
when the relevant work is being done:
(1) Airworthiness Directives,
(2) Instructions for Continued Airworthiness,
(3) Maintenance manuals,
(4) Overhaul manuals,
(5) Standard practice manuals,
(6) Service Bulletins, and
(7) Other applicable data acceptable to or approved by the FAA.
(emphasis added.)
Finally, new section 145.211(c) states, in part, as follows:
A certificated repair station must prepare and keep current a
quality control manual in a format acceptable to the FAA that
includes the following: (2): References, where applicable, to the
manufacturer’s inspection standards for a particular article,
including reference to any data specified by the
manufacturer…. (emphasis added.)
The FAA has made the possession of current ICAs a condition of certification
under Part 145. In addition, it requires repair stations to integrate the ICAs into
their procedures and follow them when they perform work.
4. The operating rules
Parts 91, 121, 125 and 135 prohibit the operations of unairworthy aircraft. The
specific regulatory requirements can be found in sections 91.7(a), 121.153(a)(2),
125.91(a)(2) and 135.25(a)(2). Numerous enforcement cases alleging violations
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of these regulations further confirm the principle that aircraft must conform to
their approved design and be in condition for safe operation. Otherwise, they are
unairworthy and cannot be operated except in very limited cases.
5. Enforcement cases
a) Failure to follow the applicable maintenance manual
FAA and NTSB enforcement decisions establish that air carriers and
maintenance providers violate section 43.13(a) when they failed to perform
maintenance in accordance with the ICAs, including CMMs. The FAA has
initiated hundreds, if not thousands of cases based upon this principle that are
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