Overview of Technical Data Availability in Civilian Aviation– Parts 23 and 27 (i.e., small, general aviation aircraft) ICA requirements are more general and focus on operating instructions

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1© 2017 First Aviation Services Inc. Proprietary & Confidential. Do not copy or reproduce without written consent.

Overview of Technical Data Availability in Civilian Aviation

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2© 2017 First Aviation Services Inc. Proprietary & Confidential. Do not copy or reproduce without written consent. 2© 2017 First Aviation Services Inc. Proprietary & Confidential. Do not copy or reproduce without written consent.

Why Should the DOD Maintenance Community Care About Civilian Tech Data Availability?

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• DOD is the largest owner of FAA-certificated aircraft

Commercial Derivative Aircraft (CDA)

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Commercial Derivative Aircraft (CDA)

US Gov’t-ownedAircraft FAA Aircraft FAA Engine FAA Prop Fleet Size

C-130 Legacy L382 AE-501 (T-56) 54H60 Hundreds

C-130J L382J AE2100 R391 Hundreds

C-12 / T-44 King Air family PT6A various Hundreds

T-6 PC-9 / T-6 PT6A HC-E4N Hundreds

T-34 T-34 PT6A HC-B3TN Hundreds

MQ-4 - AE3007 N/A Hundreds

TH-67 / TH-57 B206 A250 N/A Hundreds

UH-60 / AH-1 / AH-64 - CT7 (T700) N/A Thousands

P-8 B737-800IGW CFM56 N/A Hundreds

C-40 B737-700IGW CFM56 N/A Dozens

C-20 G-III and –IV RR Spey & Tay N/A Dozens

C-37 G-V / G550 BR710 N/A Dozens

HC-144A CASA 235 CT7 14RF Dozens

C-27J G.222 / C-27J AE2100 R391 Dozens

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Regulatory Overview:Commercial Aviation Maintenance Data

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• 14 C.F.R. part 21, Subpart B: Aircraft Type Certification Procedure– “This subpart prescribes -

(a) Procedural requirements for the issue of type certificates for aircraft, aircraft engines, and propellers; and

(b) Rules governing the holders of those certificates.”

[§ 21.11]

– In other words, in order to receive the privileges of a Type Certificate, i.e., obtain approval of an aircraft, aircraft engine or propeller design…

– The applicant must meet all requirements and rules in 14 C.F.R. part 21, Subpart B

Civil Aviation Safety Regulations

https://www.ecfr.gov/cgi-bin/text-idx?SID=780ead606dcc21f79cb6ee663137c00a&mc=true&tpl=/ecfrbrowse/Title14/14cfr21_main_02.tpl

https://www.ecfr.gov/cgi-bin/text-idx?SID=780ead606dcc21f79cb6ee663137c00a&mc=true&node=sp14.1.21.b&rgn=div6

https://www.ecfr.gov/cgi-bin/text-idx?SID=780ead606dcc21f79cb6ee663137c00a&mc=true&node=se14.1.21_111&rgn=div8

https://www.ecfr.gov/cgi-bin/text-idx?SID=780ead606dcc21f79cb6ee663137c00a&mc=true&tpl=/ecfrbrowse/Title14/14cfr21_main_02.tpl

https://www.ecfr.gov/cgi-bin/text-idx?SID=780ead606dcc21f79cb6ee663137c00a&mc=true&node=sp14.1.21.b&rgn=div6

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• Instructions for Continued Airworthiness (ICA)– 14 C.F.R.§ 21.50(b) requires that design approval holders (usually

manufacturers) must:

1. Furnish a complete set of ICA to the owner of each type aircraft, aircraft engine, or propeller upon its delivery, or upon issuance of the first standard airworthiness certificate for the affected aircraft, whichever occurs later.

2. Thereafter, make those instructions available to any other person required by this chapter to comply with any of the terms of those instructions.

3. In addition, make available changes to the ICA to any person required by this chapter to comply with any of those instructions.

The plain language says provide the information “essential to the continued airworthiness” of the product to the first owner and subsequently to anyone else “required to comply” with those instructions, i.e., subsequent owners and their maintenance providers.



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• What are “ICA”?– 14 C.F.R.§ 21.50(b) states:


“The Instructions must be prepared in accordance with § 23.1529 Normal Category Aircraft§§ 25.1529, 25.1729 & part 26 Transport Category Aircraft§ 27.1529 Normal Category Rotorcraft§ 29.1529 Transport Category Rotorcraft§ 31.82 Manned Free Balloons§ 33.4 Aircraft Engines§ 35.4 Propellers





https://www.law.cornell.edu/cfr/text/14/26

https://www.law.cornell.edu/cfr/text/14/27.1529





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• What are “ICA”? – Example: Aircraft Engine ICA requirements– § 33.4

– Part 33, Appendix A


“The applicant must prepare Instructions for Continued Airworthiness in accordance with appendix A to this part that are acceptable to the Administrator.”

A33.1(a) – “This appendix specifies requirements for the preparation of Instructions for Continued Airworthiness as required by § 33.4.”

A33.1(b) – “The ICA for each engine must include the ICA for all engine parts. If ICA are not supplied by the engine part manufacturer for an engine part, the ICA for the engine must include the information essential to the continued airworthiness of the engine.”


https://www.ecfr.gov/cgi-bin/text-idx?SID=780ead606dcc21f79cb6ee663137c00a&mc=true&node=ap14.1.33_1201.a&rgn=div9


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• Engine ICA Requirements – O-/I-Level Technical Data– A33.3 content – “The ICA must contain the following manuals or sections,

as appropriate, and information:


A33.3(a) – Engine Maintenance Manual or Section. (ABRIDGED)1. Explanation of engine's features and data necessary for maintenance or preventive maintenance2. Detailed description of the engine and its components, systems, and installations3. Installation instructions, including proper procedures for necessary tasks and checks4. Basic control and operating information including any special procedures and limitations that apply5. Servicing information detailing servicing points and equipment required for servicing6. Scheduling information for each part of the engine, including recommended periods at which it should

be cleaned, inspected, adjusted, tested, lubricated, and/or overhauled and the degree of inspection the applicable wear tolerances, and work recommended at these periods

7. Troubleshooting information describing probable malfunctions and remedial action for those malfunctions

8. Order and method of removing and replacing the engine and its parts9. List of the tools and equipment necessary for maintenance and directions for their use

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• Engine ICA Requirements – D-level Technical Data– A33.3 content (continued)


A33.3(b) – “Engine Overhaul Manual or Section.1. “Disassembly information including the order and method of disassembly for overhaul.2. “Cleaning and inspection instructions that cover the materials and apparatus to be used

and methods and precautions to be taken during overhaul. Methods of overhaul inspection must also be included.

3. “Details of all fits and clearances relevant to overhaul.4. “Details of repair methods for worn or otherwise substandard parts and components

along with the information necessary to determine when replacement is necessary.5. “The order and method of assembly at overhaul.6. “Instructions for testing after overhaul.7. “Instructions for storage preparation, including any storage limits.8. “A list of tools needed for overhaul.”

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• What about Aircraft, Rotorcraft, Propellers and Their Parts?– ICA requirements are similar across parts 25, 29 and 35

• ICA for each airplane / rotorcraft must include the ICA for the engine and propeller• ICA must include “the information essential to the continued airworthiness of the

aircraft”• ICA must contain ICA for each appliance

» Appliance ICA can be the Component Maintenance Manual (CMM)• ICA must include Maintenance Manual(s) or Section(s)• ICA must include recommended overhaul periods and any Airworthiness Limitations

» Propeller ICA must include Overhaul Manual(s)» Aircraft / appliance ICA might require Overhaul Manual(s) depending on

recommended overhaul periods and/or Airworthiness Limitations

– Parts 23 and 27 (i.e., small, general aviation aircraft) ICA requirements are more general and focus on operating instructions and limitations





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• Summary: ICA includes…– All Airworthiness Limitations– All maintenance and repair instructions that are essential to the continued

airworthiness of the product– All recommended maintenance, inspection & overhaul information– O-/I-Level instructions

• Installation, servicing, inspection, storage, etc.• Maintenance scheduling information• Maintenance Manuals

– D-Level instructions• Overhaul Manuals

– Mandatory for Engines and Propellers– Depends upon Airworthiness Limitations and recommended maintenance programs

for aircraft and aircraft appliances


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FAA Regulations vs.Military (& Civilian) Realities

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• Attempts to restrict access to ICA:– Claim #1: FAA rules do not apply to DOD-owned/-operated aircraft

• FALSE if the aircraft has been issued a standard airworthiness certificate• While it is true that DOD doesn’t have to follow FAA rules; the manufacturer does

– Claim #2: ICAs are subject to IP protections• So what? The information still has to be made available

– Claim #3: Recipient must pay for ICAs• FAA cautions that “unreasonable” fees would effectively make ICA unavailable,

therefore violating 14 C.F.R.§ 21.50(b)

– Claim #4: Recipient must sign a license for ICA access• FAA policy explicitly forbids restrictive licensing terms, as such terms would make ICA

unavailable, therefore violating 14 C.F.R.§ 21.50(b)• “Furnish” requirement (to owners) precludes restrictions

“Red Herrings”

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• CDA OEMs must comply with these FAA regulations!!

– Per FAA’s Office of the Chief Counsel: Manufacturers must furnish ICA to Government

– Confirms DOD’s ability obtain maintenance and repair for thousands of CDAs

– Enables competition for billions of dollars of sustainment contracts!

1. FAA rules apply to DOD’s Contractors

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• Availability of ICAs can not be restricted through IP Protections– Claims of “Copyright” – so what? ICAs still have to be made available!

• See Gulfstream Aerospace Corporation v. Camp Systems International, Inc. • FAA mandates the content and format of ICAs• Use of ICAs for purposes of maintaining airworthiness of YOUR (DOD’S) OWN AIRCRAFT

must be allowed under FEDERAL REGULATIONS

– Claims of “Trade Secrets” – so what? ICAs still have to be made available!• Cannot restrict use of ICAs for the benefit of owners, operators and any others who

are “required to follow” the instructions!

– Other Restrictive Claims or Markings on ICAs – restrictions on use are against public policy!!

• see FAA’s policy and legal opinion—FAA Order 8110.54A, PS-AIR-21.50-01 & Legal Opinion FAAALS-201308091

2. “IP Protections”

https://www.faa.gov/documentLibrary/media/Order/FAA_Order_8110.54A.pdf

http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgPolicy.nsf/0/757c84ac9becec27862579d00054df95/$FILE/PS-AIR-21.50-01.pdf

http://arsa.org/wp-content/uploads/2012/09/FAA-Response-FAAALS-201208091.pdf

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• Unreasonable “Access” violates the “Make Available” Requirement– ICA must be “furnished” to owners (without restriction)

– Fees for ICAs must be “reasonable”

– Restrictive Access or Use Agreements are not allowed

3./4. Expensive or Restrictive Licenses

“Clearly, a [manufacturer] could make ICA effectively unavailable by charging an exorbitant fee.” – FAA Office of Chief Counsel, August 9, 2012

“FAA will not accept restrictive statements or terms in ICA documents, or restrictive access or use agreements that limit the appropriate availability or use of the ICA.”

“The owner/operator can provide [ICA] to the maintenance provider(s) of their choice. It is not appropriate for a [OEM] to place limitations on the use of its ICA between the owner/operator and the maintenance provider.”

– FAA Policy Statement AIR-21.50-01

“[Because ICA] is essential to maintaining the airplanes in an airworthy condition, we have required DAHs to make it available as a condition for obtaining and retaining their certificates.” (72 FR 70497, Dec. 17, 2007)

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Thank You!

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• For more information, please contact:– Aeronautical Repair Station Association (ARSA)

• www.arsa.org• Sarah MacLeod, Executive Director

– Tel: (703) 739-9543 x114– Email: [email protected]

– Modification and Replacement Parts Association (MARPA)• www.pmaparts.org• Jason Dickstein, President

– Tel: (202) 628-6776– Email: [email protected]

– Josh Krotec• Tel: (901) 277-1413• Email: [email protected]

Additional Resources

http://www.arsa.org/

mailto:[email protected]

http://www.pmaparts.org/



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21© 2017 First Aviation Services Inc. Proprietary & Confidential. Do not copy or reproduce without written consent.

Appendix

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Who Are We?Introduction to First Aviation

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First Aviation Org Structure

Wichita, KSAddison, TX

Winston-Salem, NC Wichita, KSWinston-Salem, NC

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• Diverse Component MRO Capability– Landing gear systems, wheels & brakes– Hydraulic & electro-mechanical actuators– Advanced Composite Repairs– Flight control systems– Electronics– Motors & gearboxes– Panels, switches & controls– Lighting and power supplies– Hydrostatic Testing– Fire suppression systems– Oxygen Masks, Bottles & Valves– Prop & Rotor Blades: Composite & Metal– Prop & Rotor Hubs, Actuators & Governors

Aircraft Component Depot Maintenance

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• Proprietary Engineered Solutions– Development of Repair Procedures & Replacement Parts– DMSMS solutions

• Obsolescence management / alternative sources• Out-of-Production Type Certificate management• Solve legacy supply chain issues

– Long leads, high costs, etc.

– Upgrades & Modifications• Service Life Extension Programs (SLEP)

– Government approvals:• DOD Source Approvals (SAR)• FAA PMA + FAA PAH• FAA Supplemental Type Certs (STC)• FAA DER Repairs

Engineering Capabilities

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• Our companies serve all Aviation MRO markets– Commercial Airlines

– Military / Government

– Business Aviation

Civilian & Military Experience

Documents

Overview of Technical Data Availability in Civilian Aviation– Parts 23 and 27 (i.e., small, general aviation aircraft) ICA requirements are more general and focus on operating instructions