Appendix 4 procedures specified in par. 3.2.1, or explains where in the repair station manual those procedures are described, and which are approved by the FAA.
3.3. TO HOLD A REPAIR STATION AUTHORIZATION TO MAINTAIN COMMERCIALLY OPERATED CANADIAN AIRCRAFT.
a. The repair station must continue to comply with 14 CFR part 145 and these special conditions.
b. The repair station must allow the TCCA, or the FAA on behalf of the TCCA, to inspect it for continued compliance with 14 CFR part 145 and these special conditions and to make its manual and the supplement required by these special conditions available for inspection.
c. Investigations and enforcement by the TCCA may be undertaken in accordance with TCCA rules and directives.
d. The repair station must cooperate with any investigation or enforcement action.
3.4. EFFECTIVITY.
a. For maintenance agreements entered into after the effective date of this MIP, a repair station must comply with all the requirements of this MIP.
b. For maintenance agreements entered into prior to the effective date of this MIP, a repair station must be in compliance with these special conditions 6 months after the effective date of this MIP.
3.5. FAA SPECIAL CONDITIONS APPLICABLE TO CANADIAN-BASED AMOS AND AMES.
3.5.1. The FAA agrees that a TCCA AMO or AME may perform maintenance, preventive maintenance, and alterations (with exception of annual inspections) on an aeronautical product under the regulatory control of the FAA and approve that product for return to service if the AMO or AME complies with all of the following special conditions.
a. The AMO or AME must hold a valid AMO certificate or AME license issued by the TCCA in compliance with the most current CARs, and be rated for the maintenance, preventive maintenance, or alterations to be performed.
b. The AMO employee or AME responsible for supervision or final inspection and return to service of a civil aeronautical product must be able to read, write, and understand English.
c. All repairs and alterations as defined by FAA requirements must be accomplished in accordance with data approved by or acceptable to the FAA.
d. In the case of work performed by an AMO, the work will not exceed the scope of the ratings and limitations contained in the CAR 573 certificate and the MPM.
e. In the case of work performed and certified by an AME, the work will not exceed the AME’s privileges specified in CAR 571.
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f. In the case of a major repair or alteration, the AME who approves the product for return to service shall not have been involved in the performance of the work.
g. In the case of maintenance or alterations performed on aircraft operated under 14 CFR part 121 or 135 air carriers in commercial operations, the work shall be performed by an AMO that meets the additional requirements specified in paragraphs 3.6 and 3.7.
3.6. AMOs PERFORMING MAINTENANCE, PREVENTIVE MAINTENANCE, AND ALTERATIONS FOR 14 CFR PART 121 OR 135 AIR CARRIERS IN COMMERCIAL OPERATIONS.
3.6.1. In addition to the other requirements specified in this MIP, an AMO performing maintenance, preventive maintenance, or alterations for 14 CFR part 121 or 135 operators shall have:
a. Procedures to ensure compliance with 14 CFR part 121 or 135 air carriers’ manuals.
b. 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 14 CFR part 121, or 135 air carrier/customer, in accordance with the requirements of 14 CFR part 121, subpart L, or 135, subpart J. (Transport Canada Maintenance Staff Instruction (MSI) 58 specifies that the AMO must assign specified Aircraft Certification Authority (ACA) holders, who were not involved in the work, to perform an independent inspection on required inspection items, and sign a separate release).
c. Procedures to ensure compliance with the air operator’s work order or contract, including FAA airworthiness directives mandatory requirements contained in 14 CFR part 121 or 135 air carriers’ manuals;
d. Procedures for approval for release or approval for return to service for aircraft, and use of FAA Form 8130-3 or TCCA Authorized Release Certificate for components and all information required to be made or kept by the owner or operator, as appropriate. Such required information must be in English.
e. Procedures to ensure that all current airworthiness directives published by the FAA that are applicable to the work being performed are available to maintenance personnel.
f. Procedures to ensure that only FAA-approved or acceptable parts or components are used in the performance of preventive maintenance, or alterations to U.S. aeronautical products.
g. Procedures to ensure that major repairs and major alterations as defined in 14 CFR part 43, appendix A, are accomplished in accordance with data approved by the FAA. This includes a repair or alteration that changes the operating limitations and/or flight data; the revised limitations/data must be set forth in the aircraft flight manual. The major repair or alterations must be recorded on FAA Form 337 or the air carrier equivalent form.
h. Procedures for reporting to the FAA any serious defects or unairworthy conditions on civil aeronautical products.
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i. Procedures to ensure that all current airworthiness directives published by the FAA that are applicable to the work being performed are available to maintenance personnel.
j. Procedures to ensure compliance with the manufacturer’s maintenance manuals or ICA, and handling deviations.
k. A training program that ensures each employee assigned to perform maintenance, preventive maintenance, or alterations is capable of performing the assigned task. Records of such training must be retained for a minimum of 2 years.
3.6.2. In addition to the other requirements specified in this MIP, an AMO performing maintenance, preventive maintenance, or alterations on aircraft operating in commercial air service under 14 CFR part 121 or 135 must include in its manual a supplement that describes the procedures specified in par. 3.6.1, or explains where in the MPM those procedures are described, and which is approved by the TCCA.
3.7. TO HOLD AN AMO AUTHORIZATION TO MAINTAIN U.S. AERONAUTICAL PRODUCTS.
a. The AMO must continue to comply with CAR 571, 573, and these special conditions.
b. The AMO shall allow the FAA, or the TCCA on behalf of the FAA, to inspect it for continued compliance with CAR 571, 573 and these special conditions and to make its AMO certificate, MPM, and the supplement required by these special conditions available for inspection.
c. Investigations and enforcement by the FAA may be undertaken in accordance with FAA rules and directives.
d. The AMO must cooperate with any investigation or enforcement action.
3.8. EFFECTIVITY.
a. For maintenance agreements entered into after the effective date of this MIP, an AMO must comply with all the requirements of this MIP.
b. For maintenance agreements entered into before the effective date of this MIP, an AMO must be in compliance with these special conditions 6 months after the effective date of this MIP.
CHAPTER 4. MUTUAL COOPERATION AND TECHNICAL ASSISTANCE
4.0. PERIODIC MEETINGS. The FAA and TCCA offices designated in Chapter 1, paragraph 1.5a shall meet regularly, but at least once per year, to discuss the technical implementation of the MIP. Discussions may address the resolution of technical issues, continued improvements to the process, ongoing projects, changes in their organizations, any revisions to their requirements (as notified in accordance with Chapter 1, paragraph 1.3c), technical assistance requests, and any other matters relating to the MIP. The frequency of these Page 14
Appendix 4 meetings will depend on the resources available to each authority, as well as the significance of any outstanding issues.
4.1. INFORMATION. The FAA and the TCCA shall provide information and assistance regarding the maintenance and alterations or modifications to be performed under the terms of these implementation procedures, and shall develop appropriate publications and circulate these publications through their respective methods. The FAA and TCCA shall:
a. Inform the public of the terms of the MIP and any amendments or appendices.
b. Outline the regulatory requirements and special requirements necessary for persons to perform work under the terms of the MIP.
4.2. TECHNICAL EVALUATION ASSISTANCE. The FAA and the TCCA agree to provide technical evaluation assistance to each other, upon request, to further the purposes and objectives of the MIP. Such areas of assistance may include, but are not limited to:
a. Performing surveillance and providing reports regarding continued compliance with the requirements described in this MIP by AMOs and AMEs in Canada and repair stations in the United States.
b. Conducting and reporting on investigations at the request of the other authority.
c. Obtaining and providing data for reports when requested.
4.3. EXCHANGE OF INFORMATION. The FAA and the TCCA shall provide each other with regulations, policies, guidance, practices, and interpretations relevant to the MIP, and shall ensure that such documents are updated in a timely manner. In addition, any FAA or TCCA proposal to amend such documents shall be provided to the other authority for the opportunity to review prior to the amendment being effected, consistent with its national laws and administrative procedures.
4.4. ESTABLISHING AND AMENDING REGULATIONS, POLICIES, AND GUIDELINES. To the extent permitted by its national laws and administrative procedures, each authority agrees to provide technical assistance to the other in efforts to establish and amend regulations, policies, guidance, practices, and interpretations relevant to this MIP.
4.5. URGENT OR UNUSUAL SITUATIONS. When urgent or unusual situations develop that are within the scope of the MIP, but not specifically addressed, the FAA and the TCCA will review and consult and take appropriate action, including developing amendments or appendices to the MIP, if appropriate, as set forth in Chapter 1, paragraph 1.3.
4.6. NOTIFICATION OF NONCOMPLIANCE AND SAFETY ISSUES.
a. The FAA and the TCCA agree to notify each other promptly of any investigation into noncompliance by a repair station or AMO under the regulatory control of the other authority that could result in revocation, suspension, or penalty. The notification shall be sent to the other authority’s representative identified in Chapter 1, paragraph 1.5a. The FAA and the TCCA agree that noncompliance will be corrected in a timely manner.
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b. The FAA and the TCCA retain the right to take enforcement action but, in some cases, an authority may choose to consider a remedial action taken by the other authority. The enforcement consultation process under this MIP will be subject to a regular joint review by the FAA and the TCCA.
4.7. PROTECTION OF PROPRIETARY DATA, FREEDOM OF INFORMATION ACT (FOIA), AND ACCESS TO INFORMATION ACT REQUESTS.
a. Proprietary Data. Both authorities recognize that certain data submitted by a repair station/AMO/AME may be the property of that facility or another person and release of that data by the FAA or the TCCA is restricted. The FAA and the TCCA agree that they will not copy, release, or show proprietary data obtained from the other authority to anyone outside of the FAA or the TCCA without written consent of the owner of the proprietary data.
b. FOIA Requests. The FAA often receives requests from the public under the FOIA to release information that the FAA may have in its possession. Any information that the FAA has in its possession must be disclosed under the FOIA unless it falls within certain exceptions, including trade secrets, or financial or commercial data that would be considered confidential or privileged. When the FAA receives such a request for the release of information related to an AMO in Canada and covered by the MIP, the FAA will advise the TCCA of any information received from the TCCA and submitted to the FAA that might be released. The FAA also may request the TCCA’s assistance, in cooperation with the AMO, in determining if the information submitter would object to release and which portions of the information received from the submitter or generated by the TCCA might be withheld under the FOIA exceptions, if any.
c. Access to Information and Privacy Program (ATIP) Requests. The TCCA often receives requests from the public through the ATIP to release information in its possession. Any information that the TCCA has in its possession must be disclosed under the Access to Information Act unless it falls within certain exceptions, including information covered by the Privacy Act, trade secrets, or financial or commercial data that would be considered confidential or privileged. When the TCCA receives such a request for the release of information related to a repair station located in the United States and covered by the MIP, the TCCA will advise the FAA of any information received from the FAA and submitted to the TCCA that might be released. The TCCA also may request the FAA’s assistance, in cooperation with the repair station, in determining if the information submitter would object to release and which portions of the information received from the submitter or generated by the FAA might be withheld under the ATIP exceptions, if any.
4.8. ACCIDENT/INCIDENT INVESTIGATION REQUESTS. When the FAA or the TCCA needs information regarding repair stations/AMOs/AMEs for the investigation of accidents or incidents involving civil aeronautical products, the request for information should be directed to the office identified in Chapter 1, paragraph 1.5a. In turn, upon receipt of the request for information, the other authority will provide the requested information in a timely manner.
Appendix 4 CHAPTER 5. INSPECTION AND CONTINUING VALIDITY PROVISIONS
5.0. INSPECTION PROVISIONS. The FAA and the TCCA agree to the conduct of inspection, monitoring, and surveillance of repair station, FAA certificated mechanics/AMO/AME certificates currently under their regulatory control in accordance with this MIP.
5.1. CONTINUING VALIDITY. The FAA and the TCCA acknowledge that:
a. Unrestricted Access. With notice, each authority may conduct independent inspections of repair stations, FAA certificated mechanics, AMOs, and AMEs, and review the other authority’s surveillance records and other pertinent information. This applies to maintenance, preventive maintenance, or alterations performed on aeronautical products by repair stations, FAA-certificated mechanics, AMOs, and AMEs, consistent with the objective of this MIP and the authority’s applicable laws and regulations.
b. Cooperation in Enforcement. The maximum permissible mutual cooperation and assistance in any investigation or enforcement proceedings of any alleged or suspected violations of any regulations or special conditions identified in the MIP is essential. The FAA and the TCCA acknowledge that repair stations, FAA- certificated mechanics, AMOs, and AMEs remain subject to the regulatory requirements and enforcement procedures described in Chapter 3, paragraphs 3.0.2b and 3.1.2b of this MIP.
c. Continued Confidence Program. The FAA and TCCA shall conduct periodic joint evaluations of each other’s continued compliance with the terms of the MIP. Such evaluations may include repair stations/FAA-certificated mechanics/AMOs/AMEs to ensure the responsible authority is adequately applying the MIP.
Appendix 4 CHAPTER 6. AUTHORITY The FAA and the TCCA agree to the provisions of these Maintenance Implementation Procedures as indicated by the signature of their duly authorized representatives.
DONE at [INSERT APPLICABLE COUNTRY], this …. day of …. .
FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSP ORTATION,
UNITED STATES OF AMERICA By Nicolas Sabatini Associate Administrator for Regulation and Certification FOR….
Transport Canada Civil Aviation By Don Sherritt Director, Aircraft Maintenance & Manufacturing