U.S. Department of Transportation Federal Aviation Administration Advisory Circular Subject: United States—Canadian Bilateral Aviation Safety Agreement Maintenance Implementation Procedures Date: 4/23/11 Initiated by: AFS-300 AC No: 43-10C Change:
1. PURPOSE. This advisory circular (AC) provides information relating to the Bilateral Aviation Safety Agreement (BASA) and accompanying Maintenance Implementation Procedures (MIP) between the United States and Canada. This AC is not mandatory and does not constitute a regulation. This AC presents recommendations for an acceptable means, but not the only means, to comply with the current revision of the MIP.
2. AUDIENCE. This AC applies to U.S. repair stations, U.S.-or Federal Aviation Administration (FAA) -certificated airmen, Canadian Approved Maintenance Organizations (AMO), and Canadian Aircraft Maintenance Engineers (AME).
3. CANCELLATION. AC 43-10B, United States—Canadian BASA/MIP Maintenance, dated October 3, 2006, is canceled.
4. RELATED READING MATERIAL (current editions). See Appendix 1.
5. ACRONYMS AND ABBREVIATIONS. See Appendix 2.
6. DEFINITIONS. See Appendix 2.
7. BASA.
a. General Information. The FAA recommends that persons maintaining U.S. or Canadian aeronautical products be familiar with the BASA and the associated MIP. In particular, U.S. air carriers should ensure that Canadian AMOs comply with the requirements of any Special Conditions listed in the current revision of the MIP and procedures contained in the air carrier manual.
b. BASA.
(1) The United States and Canada, to facilitate acceptance by each country of airworthiness approvals along with environmental testing and approval of civil aeronautical products, entered into the BASA. The BASA also provides for the approvals and monitoring of maintenance facilities and alteration or modification facilities, maintenance personnel, and airmen of the other party. The BASA Executive Agreement is available at http://www.FAA.gov/aircraft/air_cert/international/bilateral_agreements/.
(2) Each contracting party designated its civil aviation authority (CAA) as the executive agent to implement this agreement. For the United States of America, the executive agent is the FAA of the Department of Transportation (DOT). For the Government of Canada, the executive agent is the Transport Canada Civil Aviation (TCCA) of the Department of Transport.
(3) The FAA and the TCCA acknowledge that oversight of repair stations, FAA-certificated airmen, AMOs, and AMEs is necessary to ensure quality of work performed and adherence to the regulatory requirements of each party. To facilitate this, each party agrees to provide access on an unconditional basis to repair stations, FAA-certificated airmen, AMOs, AMEs, and noncertificated maintenance facilities performing maintenance on a U.S. or Canadian aeronautical product. The visiting Authority shall send notification of visits to maintenance facilities to the regulatory oversight agency for the repair facility scheduled for inspection. With this notification, each authority may conduct independent inspections. Each authority may review the other authority’s surveillance records and other pertinent information for compliance to the current revision of the MIP. The authority will conduct inspections to ascertain the performance of maintenance, preventive maintenance, and alterations in accordance with the appropriate national regulatory requirements and Special Conditions set forth in the current revision of the MIP. The inspection is limited to the performance of work on the U.S. or Canadian aeronautical product. The inspection should be limited to the Special Conditions contained in the MIP.
(4) Repair stations, certificated airmen, AMOs, and AMEs remain subject to the regulatory requirements and enforcement procedures described in the current revision of the MIP. FAA personnel will use the guidance in FAA Order 2150.3, FAA Compliance and Enforcement Program, current edition, to process any enforcement actions against an AMO or AME.
(5) The FAA and TCCA will conduct periodic joint evaluations of each other’s continued compliance with the terms of the current revision of the MIP. Such evaluations may include visits to repair stations, certificated airmen, AMOs, and AMEs to ensure the accurate application of the current revision of the MIP.
8. MAINTENANCE IMPLEMENTATION PROCEDURES.
a. Background. This AC describes the FAA and the TCCA procedures for implementing the maintenance and alteration or modification provisions of the BASA between the Government of the United States and the Government of Canada, signed June 12, 2000.
b. Objective. The MIP outlines the terms and conditions under which the FAA and the TCCA can accept each other’s inspections and evaluations of U.S. repair stations and Canadian AMOs along with FAA-certificated airmen and Canadian AME. The MIP is available at http://www.FAA.gov/aircraft/repair/media/mip_can.pdf.
c. Authorization. The authorization for the MIP is Article III of the BASA. The FAA and the TCCA have assessed each other’s standards and systems relating to the approval of repair stations, AMOs, AMEs, and FAA-certificated airmen that perform maintenance and alterations or modifications on civil aeronautical products, and as a result, have established an Page 2 Par 7
understanding of such standards and systems. Therefore, they agreed to accept each others, findings.
d. Amendments. The FAA and the TCCA may amend the MIP by mutual consent.
Significant revision by either authority to its organization, regulations, procedures, or standards may affect the execution of the MIP. Accordingly, each authority agrees to promptly advise the other of plans for such changes, and to give an opportunity for comment. Upon notice of such changes by one authority, the other authority may request consultation to review the need for amendment to the MIP.
e. Regulatory Basis. The legal standards for safety regulation by the TCCA are contained in CAR and explained in ancillary documents and procedures. The legal standards for safety regulation by the FAA are contained in 14 CFR and explained in ancillary documents and procedures.
9. U.S. REPAIR STATIONS.
a. Requirements. A person must meet the requirements of 14 CFR part 145, Repair Stations, to hold an FAA repair station certificate. These requirements include the manner of application, facility requirements, personnel requirements, quality control, and training requirements. Along with the certification requirements of part 145, applicants should use the current editions of AC 145-9, Guide for Developing and Evaluating Repair Station and Quality Control Manuals, and AC 145-10, Repair Station Training Program.
b. Special Conditions. To be able to perform maintenance, preventive maintenance, and alterations on Canadian aeronautical products, repair stations must meet the applicable requirements contained in part 145 and the Special Conditions contained in the MIP. The Special Conditions in the current revision of the MIP may specify additional requirements. This may require revision to a Repair Station Manual (RSM) to incorporate a supplement to accommodate these requirements. The supplement may contain procedures unique to the Canadian aeronautical products, specific training requirements, and reporting requirements. This supplement is an FAA “accepted” section of the RSM and only applies to repair stations that are performing maintenance on Canadian aircraft or installing components on those aircraft. The supplement is not required for those repair stations that perform maintenance only on components.
10. CANADIAN AMOs.
a. AMO Certificate Authorizations and Requirements.
(1) The TCCA-issued AMO certificate will specify any category ratings issued and list the aeronautical products that the AMO may maintain or the maintenance services that the AMO is authorized to perform. Limitations that are set out in the certificate determine the scope of the work allowed under each rating specified on the AMO certificate. The AMO must have the facilities and equipment to maintain each article on its certificate. If unforeseen circumstances do not permit performance of the work in those facilities and the safety of the aircraft is not affected, the AMO may perform the work elsewhere. An AMO will use the standards equivalent to those of the manufacturer of an aeronautical product for the performance of work. The CAR identifies those standards.
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(2) To perform maintenance on U.S. aeronautical products an AMO must:
• Meet the applicable requirements of CAR 571, Aircraft Maintenance Requirements, and 573, Approved Maintenance Organizations;
• Comply with any Special Conditions contained in the current revision of the MIP;
and
• Have a TCCA-approved supplement to the MPM to maintain aircraft operated under 14 CFR parts 121, Operating Requirements: Domestic, Flag, and Supplemental Operations and 135, Operating Requirements: Commuter and On Demand Operations and Rules Governing Persons On Board Such Aircraft.
b. Audits, Training, and Records. The AMO should establish procedures to audit contractors and ensure that they comply with operators’ manuals, manufacturers’ manuals, and instructions for continued airworthiness (ICA). The AMO also must provide technical training for receiving inspection personnel who inspect contracted out functions. The organization also must establish a method of recording contracted work to ensure records retention for 2 years.
c. Maintenance Release. An AMO employee cannot sign a maintenance release unless authorized to sign in accordance with an MPM established by the holder of an AMO certificate issued under CAR 573.02, Entitlement to and Scope of Certificate. The AMO must have a rating for a category appropriate to the work performed. The person must have successfully completed a course of TCCA-approved maintenance training that is applicable to the type of aircraft, engine, or system on which performing the maintenance.
11. U.S.-CERTIFICATED AIRMEN.
a. Requirements. Title 14 CFR part 65, Certification: Airmen Other Than Flight Crewmembers, prescribes the requirements for a mechanic and repairman certificate and ratings, and the privileges, limitations, and general operating rules for certificated mechanics and repairmen. When performing maintenance, preventive maintenance, or alterations on Canadian aeronautical products, the airman must comply with the applicable sections of 14 CFR part 43, Maintenance, Preventive Maintenance, Rebuilding, and Alteration, and any special condition contained in the current revision of the MIP.
b. Return to Service. Maintenance performed on Canadian aeronautical products by FAA-certificated airmen must comply with the manufacturer’s recommendations or equivalent or recognized industry practices in accordance with CAR 571. This applies to all maintenance, preventive maintenance, or alterations, with the exception of annual inspections. The airman who performed the work cannot approve major repairs or alterations for return to service. An airman with Inspection Authorization (IA) must make the return to service certification.
c. Recency of Experience. Part 65 prescribes recency of experience requirements for certificated airman. These requirements state that the airman must have performed or supervised the work within the last 24 months. The airman may have supervised in an executive capacity the performance of work on an aircraft. In lieu of these requirements, the FAA must find the airman able to perform the work.
12. CANADIAN AMEs.
a. Requirements. The CARs state that an AME cannot exercise the privileges of an AME license unless the person exercises the privileges in accordance with the ratings and any limitations endorsed on the license and exercises the privileges in accordance with Part V, Airworthiness, of the CARs.
b. Return to Service. AMEs may return aircraft to service. No one whom the AME supervises may sign a maintenance release until meeting the following requirements:
• Compliance with the standards of airworthiness applicable to the maintenance performed and stated in the Airworthiness Manual, chapter 571, and
• The maintenance release meets the applicable requirements specified in the Airworthiness Manual, chapter 571.10.
(1) AMEs cannot sign a maintenance release for specialized maintenance until meeting the requirements of chapter 571.04, Specialized Maintenance, of the Airworthiness Manual. The exception to this is provided in its subsections 2 and 7; no person other than the holder of an AME license issued under CAR Part IV, specifying a rating appropriate to the aeronautical product being maintained, can sign a maintenance release as required by Airworthiness Manual, chapter 571.10, Maintenance Release.
(2) If an AME signs a maintenance release with respect to work performed by another person, the AME signing the maintenance release must personally observe the work to the extent necessary to ensure performance in accordance with the requirements of the applicable standards of airworthiness and, specifically, the requirements of Airworthiness Manual, chapters 571.02, Maintenance and Elementary Work Performance Rules, and 571.10.
c. Recency of Experience. Recency of experience requirements in CAR 403.05 state that the AME must hold a license for the preceding 24 months to exercise privileges. Alternatively, the holder of the license must have, for at least 6 months within the preceding 24 months, performed or supervised aircraft maintenance, or supervised in an executive capacity the performance of aircraft maintenance. The AME may also have served as an aviation maintenance instructor or supervised another aviation maintenance instructor in an AMO-provided aircraft maintenance training course.
d. Restricted Certification Authority. A person who is not the holder of an AME license specifying a rating appropriate to the aeronautical product being maintained may sign a maintenance release if holding a restricted certification authority. The TCCA must issue a restricted certification authority and specify therein its validity period and the scope of the permitted work, if:
(1) Application is made in accordance with the Airworthiness Manual, chapter 571.11, Persons Who May Sign a Maintenance Release;
(2) The applicant demonstrates to the TCCA that there is no holder of an AME license specifying a rating appropriate to the aeronautical product being maintained available within a geographical area accessible within 1 hour by surface transportation;
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(3) The person issued the restricted certification authority has received the training and has the knowledge equivalent to that of a holder of an AME license specifying a rating appropriate to the aeronautical product being maintained; and
(4) Issuance of the restricted certification authority does not affect the level of aviation safety.
13. SPECIAL CONDITIONS.
a. General Information. Canadian AMOs and AMEs as well as U.S. repair stations and certificated airmen shall comply with the Special Conditions when performing maintenance, preventive maintenance, and alterations on aeronautical products from the United States or Canada. Use only FAA or TCCA-approved or acceptable parts or components, as applicable, to perform maintenance, preventive maintenance, or alterations to U.S. or Canadian aeronautical products.
b. Special Conditions for U.S. Aeronautical Products.
(1) FAA Special Conditions are applicable to Canadian-based AMOs and AMEs when performing maintenance on U.S. aeronautical products. Comply with these Special Conditions to meet the requirements of part 43. These Special Conditions are in addition to any requirements of CAR 571 and 573. In order to perform maintenance, the AMO must hold a valid TCCA-issued AMO certificate in compliance with the most current CAR 571 and 573. An AMO authorized to work on an aeronautical product under the regulatory control of the FAA may perform maintenance, preventive maintenance, and alterations (with exception of annual inspections) on that product.
(2) AMOs that perform maintenance, preventive maintenance, and alterations for 14 CFR part 121 or 135 air carriers in commercial operations must have additional items that include procedures to ensure compliance with part 121 or 135 air carriers’ manuals. The AMO will have a TCCA-approved FAA Supplement to its MPM that will specify how to perform maintenance, preventive maintenance, and alterations on U.S. aeronautical products. This supplement will include procedures to show separation of quality control functions from other maintenance functions, including the separation of maintenance from inspection on those items identified as required inspection items as defined by the part 121 or 135 air carrier/customer. The current MIP and Appendix 3 of this AC contain the specific procedure requirements.
(3) To continue to hold an AMO authorization to maintain U.S. aeronautical products, the AMO must permit the FAA, or the TCCA on behalf of the FAA, to inspect it for continued compliance with CAR 571, 573, and the Special Conditions. The FAA may undertake investigations and enforcement in accordance with FAA policy and guidance and the AMO must cooperate with any investigation or enforcement action.
(4) To perform maintenance, preventive maintenance, and alterations on U.S. aeronautical products, Canadian AMEs must comply with the FAA Special Conditions. As stated in the Special Conditions paragraph 3.0(a), the AME must ensure that only FAA-approved parts or components are used. In addition, the AME must use the current manufacturer’s
recommendations or ICA. Other Special Conditions are contained in the current revision of the MIP.
c. Special Conditions for Canadian Aeronautical Products.
(1) An FAA-approved repair station or FAA-certificated airman may perform maintenance, preventive maintenance, and alterations (with the exception of annual inspections) on a civil aeronautical product under the regulatory control of the TCCA. TCCA acceptance will specify that the repair station will not exceed the scope of the ratings and limitations contained in the part 145 certificate and associated specifications. A list of authorized functions is contained in the repair station capabilities list. Procedures must be included in the repair station manual (RSM) that describe the process for meeting the requirements of the Special Conditions in the current revision of the MIP (see Appendix 3). FAA-certificated airmen must comply with the current CARs when performing maintenance on Canadian aeronautical products.
(2) FAA-approved repair stations or FAA-certificated airmen who perform major repairs or major alterations on Canadian aircraft must record the repair or alteration on a FAA Form 337, Major Repair and Alteration or commercial operator equivalent form and provide a copy to the owner/operator of the aircraft.
(3) A repair station that performs maintenance on aircraft used by Canadian commercial operators operating in commercial air service under CAR VII, Commercial Air Services, must include in its manual an FAA-accepted supplement that describes the Special Conditions specified in the current revision of the MIP, or explains where the RSM describes those procedures.
(4) A repair station or FAA-certificated airman may perform maintenance, preventive maintenance, and alterations on Canadian aeronautical products if it allows TCCA-inspection and the repair station cooperates with any TCCA-investigation or enforcement action.
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14. ADMINISTRATIVE INFORMATION.
a. Contacts. The Repair Station Branch, AFS-340, developed this AC. For information concerning this AC, contact AFS-340 at (202) 385-6400.
b. Comments. Direct comments regarding this AC to:
U.S. Department of Transportation Federal Aviation Administration Aircraft Maintenance Division, AFS-300 950 L’Enfant Plaza, S.W., 5th Fl.
Washington, DC 20024
ORIGINAL Signed by Raymond Towles for
John M. Allen Director, Flight Standards Service
Appendix 1 APPENDIX 1. RELATED READING MATERIAL
1. TITLE 14 OF THE CODE OF FEDERAL REGULATIONS (14 CFR):
• Part 43, Maintenance, Preventive Maintenance, Rebuilding, and Alteration,
• Part 121, Operating Requirements: Domestic, Flag, and Supplemental Operations,
• Part 135, Operating Requirements: Commuter and On Demand Operations and Rules Governing Persons On Board Such Aircraft, and
• Part 145, Repair Stations.
2. ADVISORY CIRCULARS. You may obtain the current editions of these ACs from the FAA Web site at http://www.FAA.gov/regulations_policies/advisory_circulars/.
• AC 00.2–15, Advisory Circular Checklist and Status of Other FAA Publications.
• AC 00–44, Status of Federal Aviation Regulations.
• AC 00–58, Voluntary Disclosure Reporting Program.
• AC 20–62, Eligibility, Quality, and Identification of Aeronautical Replacement Parts.
• AC 21–1, Production Certificates.
• AC 21–29, Detecting and Reporting Suspected Unapproved Parts.
• AC 120–16, Air Carrier Maintenance Programs.
• AC 140–7, FAA Certificated Repair Stations Website (Directory).
• AC 145–9, Guide for Developing and Evaluating Repair Station and Quality Control Manuals.
3. FAA FORMS.
• FAA Form 337, Major Repair and Alteration.
• FAA Form 8130–3, Authorized Release Certificate, Airworthiness Approval Tag.
4. FAA ORDERS. You can find these orders on the MyFAA employee Web site at https://employees.FAA.gov/tool_resources/orders_notices. Inspectors can access this notice through the Flight Standards Information Management System (FSIMS) at http://fsims.avs.FAA.
gov. Operators and the public may find this information at http://fsims.FAA.gov.
• Order 8000.85, FAA Program for the Establishment of a MIP Under the Provisions of a BASA.
• Order 8110.53, Reciprocal Acceptance of Repair Design Data Approvals Between FAA and TCCA.
• Order 8120.2, Production Approval and Certificate Management Procedures.
• Order 8900.1, Flight Standards Information Management System.
5. CANADIAN PUBLICATIONS. You may obtain the current editions of these documents from the Transport Canada Civil Aviation (TCCA) Web site at http://www.tc.gc.ca.
• Canadian Aviation Regulations (CAR) 571 and 573.
• CAR Part IV and VII.
Appendix 1
• Transport Canada Maintenance and Manufacturing Staff Instructions (MSI) 55.
• TCCA Form 1, Authorized Release Certificate.
6. UNITED STATES/CANADIAN MAINTENANCE IMPLEMENTATION PROCEDURES. The MIP are available at http://www.FAA.gov/aircraft/repair/media/mip_can.
pdf.
Appendix 2 APPENDIX 2. DEFINITIONS AND ACRONYMS
1. DEFINITIONS.
a. ACA. Aircraft Certification Authority issued by an Approved Maintenance Organization (AMO) under Canadian Aviation Regulations (CAR) 573.
b. Administrator. The Administrator of the Federal Aviation Administration (FAA).
c. Alteration or Modification. Making a change to the construction, configuration, performance, environmental characteristics, or operating limitations of the affected civil aeronautical product.
d. Canada. In a geographical sense (1) the Provinces and Territories, including the territorial waters, and (2) the airspace of those areas.
e. CAR. Canadian Aviation Regulations.
f. CFR. Code of Federal Regulations. Title 14 of the Code of Federal Regulations (14 CFR), parts 1 through 199.
g. Civil Aeronautical Product. Any civil aircraft, aircraft engine, or propeller or subassembly, appliance, material, part, or component installed thereon.
h. Compliance with 14 CFR Part 43. Compliance with the latest issue of CAR 571 and the FAA Special Conditions as set forth in the Maintenance Implementation Procedures (MIP) and associated Transport Canada Civil Aviation (TCCA) guidance material, as applicable.
i. Compliance with 14 CFR Part 145. In the case of an AMO, compliance with the latest issue of CAR 573 and the FAA Special Conditions as set forth in the MIP and associated TCCA guidance material as applicable when performing maintenance, preventive maintenance, or alterations in Canada.
j. Compliance with CAR 571. Compliance with the latest issue of part 43, Maintenance, Preventive Maintenance, Rebuilding, and Alteration, and the TCCA Special Conditions as set forth in the MIP recognizing that ACs provide additional guidance in this area.
k. Compliance with CAR 573. In the case of a part 145 repair station, compliance with the latest issue of part 145 and the TCCA Special Conditions as set forth in the MIP when performing maintenance, preventive maintenance, or modifications in the United States recognizing that ACs provide additional guidance in this area.
l. Data Approved by the FAA. Data approved by the Administrator or the Administrator’s designated representative in accordance with the Bilateral Aviation Safety Agreement (BASA)/Implementation Procedures for Airworthiness (IPA).
m. Data Approved by the TCCA. Data approved by the Canadian Minister of Transport, Infrastructure and Communities (Minister) or a delegate of the Minister.
Appendix 2
n. FAA-Certificated Airman. An individual issued a mechanic certificate or repairman certificate by the FAA under 14 CFR part 65, Certification: Airmen Other Than Flight Crewmembers.
o. FAA Acceptable Data. Data that is acceptable to the Administrator, such as service information recommended by a type certificate (TC) holder or industry standard data that supports eligibility of installation of standards parts (such as bolts and nuts) conforming to established industry or U.S. specifications.
p. Maintenance. The performance of inspection, overhaul, repair, preservation, and the replacement of parts, materials, appliances, or components of a civil aeronautical product to ensure the continued airworthiness of that product, excluding alterations or modifications.
q. MPM. Maintenance Policy Manual approved by TCCA for an AMO.
r. Preventive Maintenance. Simple or minor preservation operations, and the replacement of small standards parts not involving complex assembly operations.
s. Restricted Certification Authority (RCA). TCCA-issued authority under CAR 571.11, Persons Who May Sign a Maintenance Release.
t. Required Inspection Items (RII). The items of maintenance and alterations requiring inspection by a person other than the one who performed the work. These items include at least those where incorrect performance or improper parts or materials use could result in a failure, malfunction, or defect endangering the safe operation of the aircraft.
u. Shop Certification Authority (SCA). AMO-issued authority under CAR 573.
v. Special Conditions. Paragraph 13 and Appendix 3 describe these Special Conditions.
FAA Special Conditions are those requirements in 14 CFR parts 43, 121, and 145 that the FAA has determined are not contained in CAR 571 and 573. TCCA Special Conditions are those requirements in CAR 571 that the TCCA has determined are not contained in part 43 or 145.
w. United States. In a geographical sense, (1) the States, the District of Columbia, Puerto Rico, and the possessions including the territorial waters, and (2) the airspace of those areas.
2. ACRONYMS.
a. 14 CFR. Title 14 of the Code of Federal Regulations.
b. AC. Advisory Circular.
c. AME. Aircraft Maintenance Engineer.
d. AMO. Approved Maintenance Organization.
e. BASA. Bilateral Aviation Safety Agreement.
f. CAR. Canadian Aviation Regulations.