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B. Repair Stations Must Comply with the ICA Requirements
Sonico is a part 145 certificated repair station rated to perform maintenance,
preventive maintenance and alterations on the Parker Hannifin Sensor. Section
145.109(d)(2) requires Sonico to obtain and keep current the ICA for this
appliance. In addition, § 43.13(a) generally requires that Sonico perform the
maintenance, preventive maintenance or alterations of these items in accordance
with the current ICA.
As used in § 21.50(b), part 145 repair stations qualify as “other persons” required
to comply with the regulations. An FAA legal interpretation regarding ICA
requirements, commonly known as the “Whitlow Letter,” supports this reading of
the regulation (see IOP 10). The letter concluded that FAA certificated repair
stations are “other persons required by [Chapter I of Title 14 CFR] to comply with
any of the terms of the instructions.” The letter correctly observed that although
§ 21.50(b) did not “technically” require the aircraft manufacturer to provide
accessory ICA (because the design approval holder filed its application for the
BAe-146’s type certificate prior to January 28, 1981), such a refusal was
“puzzling, at best, and, at worst, [was] an artificial obstacle to ensuring that
each BAe-146 airplane is maintained in an airworthy condition.” (emphasis
added).
In contrast to the BAe-146, the Parker Hannifin Sensor is installed on the Airbus
Model A340-541 and A340-642 which were type certificated after January 28,
1981, the date specified in § 21.50(b). In addition, Title 14 CFR has required
maintenance manuals for complete aircraft and their accessories since 1970. As
a result, Parker Hannifin’s refusal is not only an artificial barrier to performing
airworthy maintenance, but is also a violation of the plain language of the
pertinent regulations.
1. Current Part 145
Part 145 requires that Sonico possess ICA both at the time of certification and at
the time maintenance is performed (see §§ 145.51(b), 145.109(d)(2), and
145.211(c)). This makes it a “party required to comply with these regulations” as
set forth in § 21.50(b).
Section 145.51(b) provides, in part, “The equipment, personnel, technical data,
and housing and facilities required for the certificate and rating, or for an
7
additional rating must be in place for inspection at the time of certification or
rating approval by the FAA” (emphasis added). Section 145.109(d) further
specifies that data “required for the performance of maintenance, preventive
maintenance, or alterations under [a] repair station[‘s] certificate and operations
specifications” includes ICA. In addition, § 145.211(c) requires that a repair
station include in its quality control manual the manufacturer’s inspection
standards and any related data the manufacturer specifies, information which is
most appropriately found in the ICA.
Based on the requirements identified above, part 145’s regulatory scheme
requires a repair station to possess the current ICA appropriate for its rating both
at the time of certification and at the time the repair station performs the work. In
addition, it requires repair stations to integrate the ICA into their manuals and
procedures and ensure repair station personnel follow them when performing
work. In short, the FAA has made the possession of current ICA a condition of
obtaining a repair station certificate.
Thus, to create harmony within the regulations and avoid what the Whitlow Letter
refers to as an “artificial obstacle” to airworthy maintenance, one must recognize
that § 21.50(b) and the related regulations require design approval holders to
make ICA available to repair stations. Parker Hannifin, however, has not
provided this technical information to repair stations such as Sonico.
Section 145.109(d) mandates that documents and data must be current and
accessible when repair station personnel perform the relevant work. This
includes Instructions for Continued Airworthiness, Maintenance Manuals and
Overhaul Manuals.
2. Part 43 Requirement to Use ICA
In addition to possessing the ICA at the time of certification, maintenance
providers must use the ICA when performing maintenance, preventive
maintenance and alteration on civil aviation articles pursuant to §43.13. That rule
states that those who perform maintenance on appliances, shall use “the
methods, techniques, and practices prescribed in the current manufacturer’s
maintenance manual or Instructions for Continued Airworthiness prepared by its
　
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