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manufacturer, or other methods techniques, and practices acceptable to the
Administrator.” (§ 43.13(a)).
In addition, maintenance providers are required to “do that work in such a
manner…that the condition of the aircraft, airframe, aircraft engine, propeller, or
appliance worked on will be at least equal to its original or properly altered
condition (with regard to…qualities affecting airworthiness).” (§ 43.13(b)).
The ICA required under § 43.13(a) are necessary for Sonico to perform
maintenance in an airworthy manner. They contain information relating to
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maintenance techniques, overhauls and inspections. Without the ICA, a repair
station must forego doing that work or develop its own, non-standard
maintenance procedures.
3. FAA Legal Interpretation: The Whitlow Letter
On December 13, 1999, the FAA’s deputy chief counsel issued the Whitlow
Letter, a legal interpretation related to the issues raised in this Complaint (IOP
10). The Whitlow Letter related to a dispute in which GE Accessory Services-
Grand Prairie, Inc. (GE-Grand Prairie) protested British Aerospace PLC’s (BAe)
refusal to provide ICA for various airframe accessories installed on the BAe-146
airplane.
The Whitlow Letter describes the essential elements of a § 21.50(b) violation.
First, the subject accessories 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. Since the Parker Hannifin Sensor is part of the
Airbus A340-351 and A340-642 model aircraft, they are part of the approved type
design.
Second, the repair station requesting the ICA must possess the appropriate
certificate ratings to perform maintenance on the articles for which it is requesting
the ICA. As discussed in Section II, Sonico holds an FAA part 145 certificate and
the ratings required to perform maintenance on the Sensor in question.
Therefore, according to the elements set forth in the Whitlow Letter, § 21.50(b)
requires Parker Hannifin to provide Sonico with the ICA for the Sensor.
C. Parker Hannifin Must Furnish Sonico with ICA
Section 21.50(b) requires that the holder of a design approval must furnish ICA.
Based on the evidence presented herein, Parker Hannifin meets the criteria of
§ 21.50(b), thereby requiring it to provide Sonico with ICA.
1. Parker Hannifin Holds the Design Approval for the Dual Temperature
Sensor Part Number 055-019-001
Parker Hannifin holds PMA No. PQ0658NE for the Sensor installed in the Airbus
A340-541 and A340-642 (see IOP 3). Sections 21.50(b), 25.1529 and part 25,
appendix H, therefore, clearly cover this appliance. As a result, Parker Hannifin
meets the first criteria for providing ICA.
2. Airbus Made its Application for the A340-541 and A340-642 After
January 28, 1981
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Airbus applied for the TC for the A340-541 and A340-642 after January 28, 1981
(see IOP 4). Therefore, the Parker Hannifin Sensor installed in these Airbus
models meets the second criteria cited in § 21.50(b).
3. The Parker Hannifin Sensor is an Accessory that is Part of the Model
A340-541 and A340-642 and Subject to the ICA Requirements
Part 25, Appendix H, paragraph 25.1(b) directs that the ICA for each
airplane must include the ICA for each appliance and any required
information relating to the interface of those appliances with the airplane.
In the present case, Parker Hannifin must provide the ICA for the Sensor as it is
part of the Airbus A340-541 and A340-642 type certificated aircraft.
“Appliance” is defined in 14 CFR § 1.1 to mean “any instrument, mechanism,
equipment, part, apparatus, appurtenance, or accessory, including
communication 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 the airframe, engine, or propeller.” (emphasis added.)
The Sensor referenced in this complaint (Part No. 055-019-001) is an appliance
within the meaning of 14 CFR § 1.1. The ratings appropriate for maintenance,
preventive maintenance and alteration of the Sensor is the accessory rating held
by Sonico.
Appendix H, paragraph H25.1(b) requires that ICA be available, “for each
appliance.” In addition, if a parts manufacturer fails to provide the ICA, then
H25.1(b) requires that the higher level ICA “must include the information
essential to the continued airworthiness of the airplane.” The ICA are required
not just for the completed type certificated product, but also for each part
included in the aircraft. As a result, whether as separate ICA or as a portion of
　
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