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required to do so if the information contained therein is essential to the continued
airworthiness of the airplane. For the reasons described below, Complainant
submits that all CMMs are essential to continued airworthiness within the
meaning of the rule.
Some have suggested that CMMs are not essential to continued airworthiness
because, if a rotable component malfunctions, a replacement part can be
installed. This ignores the fact that rotable components are not normally
discarded when they malfunction but are maintained or altered, approved for
return to service and reinstalled on an aircraft.
Others believe that an on-aircraft functional check will prevent improperly
repaired components from being installed. Although on-aircraft checks are an
accepted practice, certain components cannot be adequately tested at
installation. Indeed, component repair stations are required to perform many
tests and inspections using expensive and highly specialized equipment in
accordance with the ICAs prior to the component being eligible for installation on
the aircraft. They perform a far more comprehensive evaluation than a functional
check performed on the aircraft. Therefore, a component may pass a functional
check even if it has been improperly repaired. Certainly, the likelihood of
improper component repairs being performed increases if CMMs are not made
available by the design approval holder as required by section 21.50(b).
Part 145 repair stations must possess the CMMs at the time of certification and
again when the work is performed. The regulations and case law established
that maintenance providers must perform maintenance in accordance with the
pertinent CMM. Case law also establishes that an improperly repaired
component aircraft renders an aircraft unairworthy.
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2. NTSB investigations
Aircraft must be maintained in an airworthy manner and ICAs are the means to
ensure that this occurs. As the NTSB noted in its recent safety recommendation
to the FAA on an accident involving an Emery Airlines aircraft in 2000:
“[T]he use of outdated, incomplete, or otherwise unsuitable
reference materials by maintenance personnel during the
installation and/or assembly of airplane components can occur and
is a potentially unsafe practice10.”
Similarly, in its report on the January 2000 Alaska Airlines accident, the Safety
Board noted deficiencies in the aircraft ICAs for performing end play checks and
overhauls of horizontal stabilizer jackscrew assemblies. The Board concluded
that maintenance providers that performed overhauls of components similar to
those involved in the accident did so in a non-standardized manner, a fact that
“increases the potential for errors to occur.”11
3. The maintenance rules
a) Part 43
All maintenance providers, including mechanics, repair stations and air carriers
must follow section 43.13 of the FAR when performing maintenance, preventive
maintenance and alteration on civil aviation articles. That rule states:
a) Each person performing maintenance, alteration, or preventive
maintenance on an aircraft, engine, propeller, or appliance shall
use the methods, techniques, and practices prescribed in the
current manufacturer’s maintenance manual or Instructions
for Continued Airworthiness prepared by its manufacturer, or
other methods techniques, and practices acceptable to the
Administrator, except as noted in section 43.16. He shall use the
tools, equipment, and test apparatus necessary to assure
completion of the work in accordance with accepted industry
practices. If special equipment or test apparatus is recommended
by the manufacturer involved, he must use that equipment or
apparatus or its equivalent acceptable to the Administrator.
b) Each person maintaining or altering, or performing preventive
maintenance, shall do that work in such a manner and use
materials of such a quality, that the condition of the aircraft,
10 NTSB Safety Recommendation A-03-32, August 18, 2003 regarding the February 16, 2000
accident involving Emery Worldwide Airlines, Inc., N8079U, DC-8-71F, Rancho Cordova, CA
(IOP 13, at page 8 ).
11 NTSB Accident Report, Alaska Airlines, Inc., Flight 261, January 31, 2000, N963AS, MD-83
near Anacapa Island, CA at page 160 (IOP 14).
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airframe, aircraft engine, propeller, or appliance worked on will be
at least equal to its original or properly altered condition (with
regard to aerodynamic function, structural strength, resistance to
vibration and deterioration, and other qualities affecting
airworthiness).
c) Special provisions for holders of air carrier operating certificates
　
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