Last month MARPA attended the Certification Management Team (“CMT”) meeting in Ottawa. For those unfamiliar, the CMT is a quadrilateral group comprised of the FAA, EASA, Transport Canada, and ANAC Brazil that works to optimize the certification process under the bilateral agreements among the partner agencies. The decisions that come out of this group can … Continue reading
The FAA has made very minor changes to 14 C.F.R. 21.50(b). This is a very important rule to many of our readers because it establishes the design approval holder’s obligation to provide and make available Instructions for Continued Airworthiness. Continue reading
The FAA has published an update to Advisory Circular (AC) 120-106A,on the Scope and Recommended Content for a Contractual Agreement Between an Air Carrier and a Contract Maintenance Provider. The new guidance emphasizes the point that ICAs are not proprietary data, and their availability may not be restricted by design approval holders (DAH) with respect to an air carrier’s approved maintenance manuals, through restrictive language in the ICA, or through restrictive access or use agreements. Continue reading
The FAA has released two guidance documents for comment pertaining to the development and distribution of ICA. Continue reading
Some MARPA members have wondered where to find the FAA’s policy memo on design approval holder restrictions on ICA availability. They look for this policy memo because it clarifies that anti-competitive language in ICAs (restricting use of PMAs or third party repairs) is unacceptable to the FAA. Continue reading
On October 4 at the MARPA Conference, Carol Giles, retired FAA Maintenance Division Manager and current President of Carol E. Giles & Associates, discussed some of the regulatory challenges and compliance issues currently facing the maintenance industry that also have an effect on PMA manufacturers. She particularly focused on Instructions for Continued Airworthiness (ICA). Continue reading
The FAA has released new guidance that clarifies the agency’s position concerning ICA licensing agreements. It will be unacceptable for ICA licensing agreements to include (1) Provisions that restrict sharing of ICAs between an operator and its maintenance contractors, (2) Provisions that restrict use of the ICAs where FAA has found the ICAs applicable (e.g. for PMA parts), (3) Provisions restricting the operator to only install OEM parts, (4) Provisions that require repairs or alterations to be OEM-approved, (5) Provisions restricting repair to only OEM-approved repair stations. Continue reading
The FAA has published new guidance concerning a manufacturer’s obligation to distribute ICAs. The guidance details certain unacceptable practices, like excluding PMA from an aircraft by virtue of either the language of the manual or the associated ICA licensing agreement. Continue reading
Many people are talking about restrictive ICA/CMM licensing agreements. These agreements condition access to the ICA or CMM on a licensing agreement that restricts the repair station or air carrier from using PMA parts. In some cases the restriction may be explicit, but in other cases it may be more subtle (like an agreement that forbids use of the OEM ICA for inspecting the PMA part, despite the fact that the FAA has already approved the PMA part with ICA provisions that require continued reliance on the OEM manual). Continue reading
At the recent EASA-FAA International Aviation Safety Conference, a group of regulators and industry experts discussed the requirements and regulations surrounding Instructions for Continued Airworthiness (ICAs). They noted that FAA, EASA and TCCA have agreed to work together to come up with harmonized solutions to the issued surrounding ICA. Continue reading
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