5-19 originating repair station chooses to exercise the privileges of its certificate and assumes responsibility for the work performed by the contractor.
5.7.2.1 To be considered a contract maintenance function that requires FAA approval, the repair station must meet both of the following conditions:
1. Entering into an agreement with another person or entity (FAA certificated or noncertificated) to perform maintenance functions on an article; and
2. The repair station chooses to exercise the privileges of its certificate and assumes responsibility for the work performed by the contracted person or entity.
5.7.2.2 In order for the repair station to contract a maintenance function, the repair station must:
1. Be certificated and appropriately rated to perform the maintenance functions to contract out.
2. Take regulatory responsibility for issuing an approval for return to service under § 43.9 for the maintenance function performed by the contractor.
3. Obtain approval of the listed maintenance functions in accordance with § 145.217 and make that list available to the FAA in accordance with the procedures in § 145.209.
4. Ensure and have procedures that qualify the sources to which it contracts those maintenance functions in accordance with § 145.201(a)(2) (QC system).
5. Have procedures and maintain a current list of those contractors in accordance with § 145.217 and make the list available to the FAA in accordance with § 145.209.
6. Ensure that it has procedures to perform the incoming inspection, final inspection, and return to service of articles in accordance with the pertinent subparagraphs of § 145.211(c)(1).
7. Provide a procedure that confirms by inspection or test that the work (i.e., maintenance function) was performed satisfactorily and the article is Airworthy before approving it for return to service.
8. Ensure the contract allows the FAA to make an inspection and observe the performance of the person’s work on the article.
Note: Purchase of maintained parts from another repair station (including exchanges), brokerage, and using another CRS to perform work that is outside the original repair station’s ratings are not maintenance functions requiring FAA approval. These are instances where the purchasing repair station is not exercising the privileges of
5-20 its certificate. When a repair station requests work or sells a previously maintained article (including type certificated (TC) products), it is acting solely as a distributor. Although the purchasing repair station may induct the part through its receiving inspection process, it is merely relying on the work previously performed at another certificated entity and is not exercising the privileges under § 145.201(a)(2).
5.7.3 Contract Maintenance Information Required by § 145.217. The RSM should contain procedures for maintaining and revising the contract maintenance information required by § 145.217. This information is required for contracting to both FAA-certificated and noncertificated facilities. The information required includes the approved maintenance function to be contracted, the name of each outside facility to which the repair station contracts such maintenance, and the type of certificate and ratings held, if any. The QCM/section should describe the system and procedures used for qualifying both FAA-certificated and noncertificated entities and surveilling noncertificated entities who perform maintenance, preventive maintenance, or alterations for the repair station. These procedures may be contained in one manual or in separate documents that are part of the manual system.
5.7.4 Material and Equipment. A repair station must have the material and equipment necessary to perform the functions appropriate to its rating. However, it need not have the tools and equipment for functions it is authorized to contract out pursuant to its FAA-approved maintenance functions. When exercising the privileges of its certificate, a repair station may contract maintenance functions to FAA-certificated facilities and non-FAA-certificated entities only if the maintenance functions are approved by the FAA. The repair station must request approval before it can contract a maintenance function. If the FAA approves the contracted maintenance function, the repair station will determine who performs the maintenance.
5.7.4.1 The types of maintenance functions that the repair station may wish to have approved fall into two categories. First, the types of maintenance functions that must be contracted because the repair station does not have the housing, facilities, materials, or equipment available on its premises and under its control. These may include plating, heat treatment, special NDT or inspection, or the maintenance or alteration of components or subassemblies. This list should be categorized broadly, such as specialized services or components of articles for which the repair station has the overall rating.
5.7.4.2 The repair station may also wish to provide a list of those maintenance functions for which it has the housing, facilities, equipment, and materials in-house, but may need to contract to another facility because of workload or emergency situations. For example, an airframe-rated repair station may have the capability to perform maintenance or alteration on landing gear, but if the in-house facility cannot accomplish the work scope within a specified time, it may want to contract that work to another facility. It would not be able to
5-21 contract the work unless the maintenance function of landing gear maintenance was on its FAA-approved maintenance function list.
5.7.4.3 Additionally, the repair station may wish to provide a method for which a maintenance function can be added to its FAA-approved function list on an emergency basis. This would be accomplished by explaining how the maintenance function would be added and how the FAA approval would be obtained in a short period of time. The repair station should coordinate closely with its PI and its responsible Flight Standards office regarding these emergency procedures.
5.7.5 Establish Procedures. Before contracting out a function, the repair station should establish:
1. Procedures to obtain approval for the maintenance function.
2. Procedures to qualify the contractor.
3. Procedures to surveil the contractor if the contractor does not perform approval for return to service.
4. A list of contractors and procedures to properly maintain that list.
5. Technical training on contracted functions for receiving inspection personnel.
6. Procedures for receiving inspections that provide enough technical detail to determine acceptability of an article.
7. Procedures for complying with the test and/or inspection requirement of § 145.217(b)(3) when contracting to a noncertificated person.
5.7.6 Contracting to FAA-Certificated Facilities. A CRS may not provide only approval for return to service of a complete TC’d product following contract maintenance, preventive maintenance, or alterations. If the repair station chooses to exercise the privileges of its certificate by issuing an approval for return to service for a maintenance function contracted to an FAA-CRS, the repair station must determine that the contracted repair station is properly rated to perform the maintenance. A repair station may issue an additional approval for return to service under its privileges, such as tagging a previously maintained or altered article as inspected, provided the repair station:
• Has the appropriate rating for the article;
• Is approved to contract out the maintenance function; and
• Conducts the maintenance, preventive maintenance, or alteration, including inspection in accordance with § 43.13 and part 145.
5.7.7 Contracting Maintenance Functions to Noncertificated Persons. If the repair station contracts to noncertificated persons, the repair station must ensure that:
1. The noncertificated person follows a QC program equivalent to the FAA-CRS’s system with respect to the work being performed for the CRS;
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2. The repair station remains directly in charge of the work performed;
3. The repair station verifies by inspection or test that the work was performed satisfactorily; and
4. The article is Airworthy with respect to the work performed by the noncertificated person.
5.7.7.1 The repair station must verify by test or inspection that the work has been performed satisfactorily and that the article is Airworthy before approving it for return to service.
5.7.8 Procedures. Procedures in the RSM should include the title of the person responsible for the contract maintenance program. The procedures must also include provisions for maintaining the contracting information in a format acceptable to the FAA. The information is not required to be in the manual, but if included, it must identify:
• The name of each outside contracted source;
• The maintenance function(s) contracted to each source; and
• The type of certificate and ratings, if any, held by each source.
5.7.9 Initial Qualification. The procedures in the RSM must describe how the noncertificated person is initially qualified. It also should describe how the repair station ensures that the noncertificated person continues to follow the QC program equal to the repair station’s for the work being performed on the repair station’s behalf.
5.7.10 Coordinating Communications. Procedures for coordinating communications between the repair station and the contracted source should be established. If the repair station performs any maintenance for an air carrier, the procedures should explain any special requirements (such as performing the work in accordance with the air carrier’s program).
Procedures should describe how the repair station would address any problems with quality or delivery. Any recurring problems should be addressed in the corrective action program.
5.7.11 FAA Inspections. Maintenance contracts with noncertificated persons must include provisions that allow the FAA to make an inspection and observe the noncertificated person’s work on that article. The RSM should include procedures to ensure that contracts contain the provision for FAA inspections. The individual in charge of the contract maintenance program or a delegated assistant/auditor may be required to accompany the FAA during these inspections. These inspections will determine if the repair station is able to continue to contract the maintenance function(s) to a noncertificated person.
5.7.12 Initiating Procedures. The following questions or concerns are offered as a guide and are intended to help initiate the procedures in the RSM(s); they should not be considered all-inclusive. Each facility is unique and may require additional procedures to verify regulatory requirements and the repair station’s needs.
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1. Who (by title) is responsible for the contract maintenance program?
2. Who (by title) is the individual maintaining the list of contracted facilities and contract maintenance functions?
3. How will the list of contractors be made available to the FAA?
4. How will the responsible Flight Standards office approve additions to the list of maintenance functions?
5. When will the responsible Flight Standards office be notified of revisions to the list?
6. How will the responsible Flight Standards office be notified?
7. If the list is maintained on electronic media, does the responsible Flight Standards office have compatible hardware and software to review/refer to the contract maintenance list and procedures?
8. Who will maintain current copies of the Air Agency Certificates and OpSpecs for the FAA-certificated contract sources (initial as well as revisions)?
9. Do the contract provisions for noncertificated persons include provisions for FAA inspection?
10. How will certificated and noncertificated maintenance contract sources be qualified?
11. How often will the repair station surveil the contracted noncertificated persons?
12. Are the individuals that inspect contract maintenance sources trained?
13. How is the receiving inspection performed on articles returned after maintenance from certificated and noncertificated sources?
• Are the receiving inspectors properly trained?
• Do the receiving inspectors have the appropriate technical data to determine airworthiness?
• What criteria are used to determine if the contracted source is meeting all requirements?
• Are discrepancies with contracted sources included in the repair station’s corrective action program?
5.8 Proficiency of Inspection Personnel.
5.8.1 References:
• Section 145.155.
• Section 145.157.
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• Section 145.161.
• Section 145.211.
5.8.2 Requirements of Inspection Personnel.
1. This section of the manual must include procedures for establishing and maintaining proficiency of inspection personnel. Section 145.155 requires the repair station to ensure that inspection personnel are thoroughly familiar with the following:
• Applicable regulations; and
• Inspection methods, techniques, practices, aids, equipment, and tools used to determine the airworthiness of the article.
2. Inspection personnel must also be proficient in using the various types of inspection equipment and visual inspection aids appropriate for the article being inspected. Inspectors must be listed on a roster and understand, read, and write English.
5.8.3 Establish the Qualifications of the Inspection Personnel. Procedures in this section of the manual should address how the repair station will establish the qualifications of the inspection personnel. This initial qualification may be based on testing or previous experience or training. If the inspector has previous experience, the employment records should describe the type of inspections and maintenance work performed, methods and techniques used, and total years of experience as an inspector, as required by § 145.161.
The procedure should establish the minimum amount of experience required before an inspector can be listed on the roster, and who, by job title, will make that determination.
5.8.4 Training. The procedures should also describe how inspectors become qualified through on-the-job training (OJT) and/or formal classroom training. This training may be described in this section of the manual or in the section describing the training program for all repair station personnel. Training should include initial qualification as well as recurrent training or testing to maintain proficiency. Inspection personnel may also require additional special training in new techniques. This may be necessary after additional components are added to the ratings or capabilities of the repair station or when new inspection aids or techniques are applied. Inspectors performing NDT may need to meet the qualification requirements of other industry standards, such as eye exams.
5.8.5 Specifications and Current Data. Inspection personnel need current technical data to properly perform their tasks. They need to understand current specifications involving inspection tolerances, limitations, procedures established by the manufacturer, SBs, and Airworthiness Directives (AD). Inspection personnel also need to be familiar with the RSM and QCM for the repair station, as well as the applicable Federal aviation regulations. Procedures in the manual should address where the technical data is located, who is responsible for maintaining the current data, and how the inspectors will be made aware of changes.
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5.8.6 Authority to Approve an Article for Return to Service. If the person performing the final inspection is also authorized to approve an article for return to service, that person must be certificated under part 65 for repair stations located within the United States. If the repair station is located outside the United States, the person authorized to perform a final inspection and approve an article for return to service must meet the requirements of § 145.157. If final inspection personnel are authorized to approve an article for return to service, procedures in the manual will need to address how they are authorized and qualified.
5.8.7 Initiate Procedures in the QCM. The following questions or concerns are offered as a guide and are intended to help initiate the procedures in the QCM; they should not be considered all-inclusive. Each facility is unique and may require additional procedures to verify regulatory requirements and the needs of the repair station.
1. How does the repair station establish minimum qualifications for inspection personnel? What is the title of the person making this determination?
2. How will the inspector maintain proficiency? What methods are used?
3. Do the records of training indicate the method, length, instructor, and dates?
Are they current?
4. Do the employment records of the inspectors describe any previous experience?
5. Is the necessary current technical data available and accessible for the inspectors?
6. What is the title of the person responsible for ensuring that inspectors maintain proficiency?
7. Are the inspectors listed on the roster?
8. Do the inspectors read, write, and understand English?
9. Are the persons performing RII inspections and approvals for return to service certificated under part 65 (if in the United States)?
10. Will the inspectors require any special training, such as NDT? Who will be responsible for the training? How will the repair station ensure that NDT personnel continue to meet any required industry standards?
5.9 Current Technical Data.
5.9.1 References:
• Section 43.13(a).
• Section 145.109(d).
• Section 145.201(c).
• Section 145.211(c)(v).
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5.9.2 Currency of Technical Data. This section of the manual must contain the procedures for ensuring that current technical data is available for the scope of work the repair station is performing. Section 43.13(a) requires each person performing maintenance, alteration, or preventive maintenance to use the methods, techniques, and practices prescribed in the current manufacturer’s maintenance manual, ICA, or other methods, techniques, or practices acceptable to the Administrator. Section 145.201(c) states that a CRS may not approve for return to service “any article unless the maintenance, preventive maintenance, or alteration was performed in accordance with the applicable approved technical data or data acceptable to the FAA.”
5.9.3 Data Used. The technical data used by repair stations could include any of the following:
• FAA technical data (such as ADs, Type Certificate Data Sheets (TCDS), etc.).
• Manufacturer’s technical data (such as maintenance manuals and SBs).
• Engineering data (such as Designated Engineering Representative (DER)-approved data or data developed by the repair station and approved by the FAA).
5.9.4 Availability. The data used by the repair station to perform a specific maintenance function must be current and available to maintenance and inspection personnel when the maintenance is being performed. The procedures should ensure that someone in the facility is responsible for maintaining the technical data in a current condition. Status of the manuals may be confirmed by making periodic phone calls to the manufacturer, etc.
The procedures should ensure that any subscriptions to required technical data are renewed as necessary. The procedure should describe how the revised technical data will be inserted into existing documents and how the appropriate individuals in the repair station will be notified about revisions.
5.9.5 Document Control Procedures. In some repair stations, the technical data is issued in the form of controlled documents. Procedures for these facilities will need a complete description of the document control system, including distribution, accountability, and availability. Document control procedures may include:
• Approval of the documents before distribution.
• Identification of changes.
• Provisions to ensure that relevant versions of applicable documents are available at points of use.
• Provisions to ensure that documents of external origin are identified and controlled.
• Procedures to prevent the use of obsolete documents.
5.9.6 Master Library. Larger repair stations may include provisions for distributing data from a master library to individuals or shop libraries throughout the facility. The procedure must ensure accurate and timely distribution of the material. Additional procedures will need to address who revises the shop library documents, how the documents are revised, and how the information is distributed.
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5.9.7 Manufacturer’s Drawings and Data. Repair stations that are associated with or part of a Production Approval Holder (PAH) facility often use the manufacturer’s drawings and data to perform maintenance. This data may not meet the requirements of § 43.13(a).
These facilities should also be cautioned that the repair station may not be able to use the parts manufactured by the production side of the facility unless the parts are FAA-approved through a Parts Manufacturer Approval (PMA), Technical Standard Order (TSO), TC, or other means.
5.9.8 National Language. Technical data used by repair stations located outside the United States may be translated into the national language. If the data requires translation before distribution, the procedures must ensure an accurate, timely, and complete translation. Provisions should be made for personnel to review and approve the translated material before distribution. The technical data that needs to be translated may include graphs, diagrams, or other visual aids. The repair station must retain in English any data that demonstrates compliance with the requirements of part 43.
5.9.9 Software Revisions. Those facilities that use computer software for component testing (of airborne systems or equipment, avionics systems, engines, etc.) will need to include procedures describing how revisions/updates are made and how the current software is distributed. The procedures will need to address system security to prevent inadvertent changes to the software and methods to ensure that only the current revision/version of the software is used. Distribution and revision of software is often handled by a group other than those responsible for revision and distribution of paper documents.
5.9.10 Guide. The following questions or concerns are offered as a guide and are intended to help initiate the procedures in the manual; they should not be considered all-inclusive.
Each facility is unique and may require additional procedures to verify regulatory requirements and the needs of the repair station.
1. Who (by title) is responsible for revising and maintaining the technical data?
2. How does the repair station ensure that the data is current?
3. How is the technical data distributed throughout the company?
4. How does the repair station ensure that current technical data is available to the staff?
5. Who (by title) is responsible for control and distribution of the documents from a master library (if used and applicable) to the shop/office libraries located in the facility?
6. If the technical data requires translation, who (by title) is responsible for performing the translation and quality checks? How will the data be revised and distributed?
7. If the repair station uses computer software for component testing, who (by title) is responsible for maintaining the software, and how are revisions made and distributed?
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5.10 Inspection and QC System.
5.10.1 References:
• Section 145.211.
• Section 145.213.
5.10.2 System and Procedures. A CRS must establish a QC system that ensures the airworthiness of articles on which the repair station or any of its contractors perform maintenance, preventive maintenance, or alterations. The CRS must prepare and keep current a QCM that includes the following:
1. A description of the system and the procedures used for:
• Inspecting incoming raw materials to ensure acceptable quality;
• Performing preliminary inspections of all articles that are maintained;
• Inspecting all articles involved in an accident for hidden damage before maintenance, preventive maintenance, or alterations are performed;
• Establishing and maintaining proficiency of inspection personnel;
• Establishing and maintaining current technical data for maintaining articles;
• Qualifying and surveilling noncertificated persons who perform maintenance, preventive maintenance, or alterations for the repair station;
• Performing the final inspection and approval for return to service of maintained articles;
• Calibrating measuring and testing equipment used in maintaining articles, including the intervals at which the equipment will be calibrated; and
• Taking corrective action on deficiencies.
2. References, where applicable, to the manufacturer’s inspection standards for a particular article, including reference to any data specified by that manufacturer.
3. A sample of the inspection and maintenance forms and instructions for completing such forms, or a reference to a separate forms manual.
4. Procedures for revising the QCM required and notifying the responsible Flight Standards office of the revisions, including how often the office will be notified of the revisions.
5.10.3 Guide to Initiate Inspection Procedures. The concerns or questions in the following paragraphs are offered as a guide and are intended to help initiate the inspection procedures in the QCM/section; they should not be considered all-inclusive. Each facility is unique and may require additional procedures to verify regulatory requirements and the needs of the repair station.
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5.10.4 General. Describe the inspection system in detail, from establishing the purchase of aviation articles and how that material is inspected upon receipt, receiving customer’s articles, progressing through each inspection step, and ending in final inspection and approval for return to service. Describe each step in a format easily understood by the employees. A flowchart may be helpful in developing these procedures. This section should also describe the system for controlling and documenting the work in process (work order system).
5.10.5 Service Difficulty Reports (SDR). Section 145.221 requires the repair station to notify the FAA within 96 hours after discovering any serious failure, malfunction, or defect of an article. Many repair stations use FAA Form 8010-4, Malfunction or Defect Report, to comply with this requirement. Information for completion of this form may be found in AC 20-109, Service Difficulty Program (General Aviation), and may be submitted via the Web at http://av-info.faa.gov/sdrx/.
Note: An SDR should be submitted when a failure, malfunction, or defect of an article is identified, other than an in-service condition normally detected during the maintenance, preventive maintenance, or alteration of that article. A “serious failure, malfunction, or defect of an article,” as stated in § 145.221, is intended to identify those articles that exhibit a premature or unusual failure not ordinarily discovered during the maintenance of that article. As an example, an in-flight engine failure, while potentially serious for that flight, would not be considered a serious failure requiring submission of an SDR for the purpose of § 145.211 if the failure was due to damage incurred during the engine’s normal operating environment (e.g., wildlife ingestion or foreign object damage (FOD)). However, if upon disassembly of the engine a failure mode of a subcomponent of that engine that has not been previously observed in normal service is discovered
(e.g., a cracking turbine blade, compressor blade, turbine, or compressor disk, discovered in a location not previously identified, or the suspected manufacturing defect of a part), an SDR should be submitted.
5.10.5.1 Normal wear and defects frequently observed should not be criteria for filing an SDR (e.g., typical seal, bushing, or coating wear), even if the result was a failure of the next higher assembly. Certificate holders should have procedures to identify, investigate, and determine if a failure, malfunction, or defect is the result of normal in-service use or if it is a previously unknown failure mode warranting submission of an SDR.
5.10.5.2 The primary purpose of the Service Difficulty Reporting System (SDRS) is to help identify negative trends so that mitigating actions can be accomplished as soon as possible.
5.10.5.3 The regulation also states that the repair station may submit FAA Form 8070-1, Service Difficulty Report—Aeronautical Equipment, for a certificate holder operating under part 121, 125, or 135. Information on completing FAA Form 8070-1 is attached to the form. The repair station should not report the same failure, malfunction, or defect using more than one
5-30 report. The manual should contain procedures describing how the report will be completed and forwarded to the FAA. A copy of the form and instructions for its completion should be included in the forms section of the manual.
5.10.6 Continuity of Inspection Responsibility. Include procedures for ensuring that the responsibilities of the facility’s inspectors are properly performed if they cannot complete the task. If the facility uses multiple shifts, include procedures to ensure a continuing responsibility for maintenance in progress with status books, shift change logs, or similar documents.
5.10.7 Receiving Procedures. This section of the manual should address the procedures used for accepting consumable materials and customer parts. Procedures included within this section will depend on the size, complexity, and ratings of the facility. The manual should describe generally how material is ordered, stocked, and requisitioned for maintenance or alteration purposes. A general description of how the stock room operates with respect to handling and storage should be included in this section. Additionally, this section may include the method for handling, storing, and using shelf life items and materials.
5.10.7.1 Procedures should include visual inspection of the container and contents for shipping damage, packing, and proper paperwork. This section should include procedures to assist receiving personnel in performing their tasks, whether the article was satisfactory or damaged when it was received. The procedures would normally include how receiving personnel document or record damage due to improper handling and the title of the person notified of the damage.
The description of the procedure may include the routing of materials and parts.
5.10.7.2 Receiving personnel may need to review paperwork received with articles maintained by other facilities contracted by the repair station or parts received from foreign manufacturers. All foreign-produced engines, propellers, and parts received into the part 145 repair station must be in full compliance with the applicable Bilateral Aviation Safety Agreement (BASA) or 14 CFR part 21.
5.10.7.3 Articles produced in the United States and exported would be under the control or jurisdiction of the receiving authority and not under the jurisdiction of the FAA regulatory system. Until these articles are moved back under the control of the U.S. regulatory system, they could not be returned to service under the provisions of part 43 and/or part 145.
5.10.7.4 If the repair station is dual-certificated under another authority, they could perform the approval using the other authority’s certification, such as the European Aviation Safety Agency (EASA).