Advisory Circular
Subject: United States−Canadian BASA/MIP Maintenance Date: 10/3/06 Initiated by: AFS-300 AC No: 43-10B
This advisory circular (AC) provides air carriers, repair stations, and certificated airmen with recommended procedures for maintenance, preventive maintenance, and alterations (excluding annual inspections) performed on United States aeronautical products located in Canada by Canadian Approved Maintenance Organizations (AMO) and Aircraft Maintenance Engineers (AME) and Canadian aeronautical products located in the United States by U.S. repair stations and certificated airmen.
The AC was developed to provide guidance 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 MIP.
ORIGINAL SIGNED BY James J. Ballough Director, Flight Standards Service
CONTENTS
PART 1. GENERAL1
PART 2. BILATERAL AVIATION SAFETY AGREEMENT (BASA)3
Chapter 1. General Information3
Chapter 2. BASA3
Chapter 3. Maintenance Implementation Procedures4
Chapter 4. U.S. Repair Stations4
Chapter 5. Canadian Approved Maintenance Organizations5
Chapter 6. U.S.-Certificated Airmen7
Chapter 7. Canadian Aircraft Maintenance Engineers7
PART 3. SPECIAL CONDITIONS9
Chapter 1. General Information About Part 39
Chapter 2. Special Conditions for U.S. Aeronautical Products9
Chapter 3. Special Conditions for Canadian Aeronautical Products10
PART 4. ADMINISTRATIVE INFORMATION11
APPENDIX 1. RELATED DOCUMENTS (2 Pages)1
APPENDIX 2. DEFINITIONS (2 Pages)1
APPENDIX 3. ACRONYMS AND ABBREVIATIONS (1 Page)1
APPENDIX 4. IMPLEMENTATION PROCEDURES (18 Pages)1
Page iii (and iv)
PART 1. GENERAL
100. ORGANIZATION. This AC has four parts. Part 1 contains general information about the AC. Part 2 addresses the BASA between the United States and Canada. Each chapter within part 2 addresses a separate operational aspect of maintenance related to the United States– Canadian BASA/MIP. Part 3 addresses special conditions related to performing maintenance, preventive maintenance, or alterations on U.S. or Canadian aeronautical products. Part 4 tells how to get more information regarding this AC. Finally, the appendices contain useful information such as the regulatory basis of the AC, a list of related publications, related definitions, and acronyms. Also contained in the appendices is a copy of the BASA and the MIP.
101. CANCELLATION. AC 43-10A, Mechanical Work Performed on U.S. and Canadian Registered Aircraft, dated February 25, 1983, is canceled.
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PART 2. BILATERAL AVIATION SAFETY AGREEMENT (BASA) CHAPTER 1. GENERAL INFORMATION
100. Part 2 of this AC gives guidance on the implementation of maintenance procedures negotiated with the BASA. This applies to U.S. repair stations, U.S.-or FAA-certificated airmen, Canadian AMOs, and Canadian AMEs.
101. The Federal Aviation Administration (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 MIP and procedures contained in the air carrier manual.
CHAPTER 2. BASA
200. 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 includes the approvals and monitoring of maintenance facilities and alteration or modification facilities, maintenance personnel, and airmen of the other party.
The BASA Executive Agreement may be found at http://www.faa.gov/aircraft/air_cert/international/bilateral_agreements/.
201. Each contracting party designated its civil aviation authority 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.
202. 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. Notification of visits to maintenance facilities needs to be made to the regulatory oversight agency for the repair facility being inspected. With this notification each authority may conduct independent inspections. Also, each authority may review the other authority’s surveillance records and other pertinent information for compliance to the MIP. The inspection will be conducted to ascertain that the performance of maintenance, preventive maintenance, and alterations are performed in accordance with the special conditions set forth in the MIP. The inspection is limited to the performance of work on the U.S. or Canadian aeronautical product. The inspection will not include determining the validity of the repair station, FAA-certificated airman, AMO, or AME certification or rating approvals.
a. Repair stations, certificated airmen, AMOs, and AMEs remain subject to the regulatory requirements and enforcement procedures described in subparagraphs 3.0.2b and 3.1.2b of the Par 100 Page 3
MIP. FAA personnel will use the guidance in FAA Order 2150.3, Compliance and Enforcement Program, to process any enforcement actions against an AMO or AME.
b. The FAA and TCCA will conduct periodic joint evaluations of each other’s continued compliance with the terms of the MIP. Such evaluations may include visits to repair stations/certificated airmen/AMOs/AMEs to ensure the accurate application of the MIP.
CHAPTER 3. MAINTENANCE IMPLEMENTATION PROCEDURES
300. This chapter describes the FAA and the TCCA procedures for implementing the maintenance and alteration or modification provisions of the Agreement for the Promotion of Aviation Safety (BASA) between the Government of the United States and the Government of Canada, signed 12 June 2000. The objective of the MIP is to outline 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 AMEs.
301. 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 understanding of such standards and systems.
302. The MIP may be amended by mutual consent of the FAA and the TCCA. Significant revision by either authority to its organization, regulations, procedures, or standards may affect the basis on which the MIP is executed. 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.
303. The legal standards for safety regulation by the TCCA are contained in Canadian Aviation Regulations (CAR) and are explained in ancillary documents and procedures. The legal standards for safety regulation by the FAA are contained in Title 14 of the Code of Federal Regulations (14 CFR) and are explained in ancillary documents and procedures.
CHAPTER 4. U.S. REPAIR STATIONS
400. A person who applies for a repair station certificate must meet the requirements of 14 CFR part 145. 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 AC 145-9, Guide for Developing and Evaluating Repair Station and Quality Control Manuals, and AC 145-10, Repair Station Training Program.
401. To be able to perform maintenance, preventive maintenance, and alterations on Canadian aeronautical products, repair stations must meet the applicable requirements contained in CAR 571 and 573. This may require revision to a repair station manual to incorporate a supplement to accommodate these requirements. The supplement may contain procedures unique to the Canadian aeronautical products, specific training requirements, and reporting Page 4 Par 202
requirements. This supplement may need approval by both the FAA and TCCA. The special condition in part 3, chapters 1 and 3 of the MIP, specify these unique requirements.
CHAPTER 5. CANADIAN APPROVED MAINTENANCE ORGANIZATIONS
500. APPLICANTS.
a. An applicant for an AMO certificate or for an amendment of an AMO certificate makes an application in the form and manner specified in ch. 573 of the Airworthiness Manual. In addition, a person who holds an AMO certificate issued in accordance with CAR 573 cannot provide a service that is outside the scope of the person’s AMO certificate.
b. An applicant has to submit to the TCCA with an application, a copy of its maintenance policy manual (MPM) that is required by subsection 573.10(1). The TCCA then issues to a maintenance organization an AMO certificate authorizing the maintenance of specified aeronautical products or the provision of specified maintenance services.
501. RATINGS. The AMO certificate will specify any category in which ratings have been issued and lists the aeronautical products that the AMO is authorized to maintain or the maintenance services that the AMO is authorized to perform. The scope of the work that may be performed under each rating specified on the AMO certificate is determined by limitations that are set out in the certificate. Unless an expiration date is specified in an AMO certificate, the certificate remains in effect until it is surrendered, suspended, or canceled. A capabilities list or other list will identify by make, model, or other nomenclature designated by the article manufacturer the articles on which the AMO is authorized to perform maintenance. The list is located in the AMO’s manual or as a referenced stand-alone document. The AMO must have the proper equipment, personnel, housing/facilities, materials, and technical data to maintain each article on the list. The list is an extension of the AMO’s certificate and its use depends on the AMO establishing procedures for conducting self-audits of its facility and capabilities, which are approved and accepted by the TCCA.
502. FACILITIES. An AMO certificate holder must provide the facilities and equipment specified in chapter 573 of the Airworthiness Manual associated with the work to be performed.
Except in cases provided for in an MPM, work will be performed in the AMO’s facilities. If unforeseen circumstances do not permit the work to be performed in those facilities and the safety of the aircraft is not affected, the work may be performed elsewhere. An AMO will use the standards equivalent to those of the manufacturer of an aeronautical product for the performance of work. Those standards are identified in the CARs.
503. CONTRACTING. An AMO must have the material and equipment necessary to perform the functions appropriate to its rating, but need not have the tools and equipment for functions it is authorized to contract out. An AMO may contract functions to TCCA certificated facilities and non-TCCA certificated sources as authorized and identified in its FAA Supplement to its manual. “Contracting” encompasses “subcontracting” as specified in TCCA requirements.
TCCA will approve the list of functions to be contracted. Before contracting out a maintenance function, the AMO should:
a. Establish procedures to qualify the contractor.
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b. Establish procedures to audit the contractor.
c. List the contractor in its FAA Supplement.
d. Provide technical training for receiving inspection personnel in contracted functions.
e. Establish inspection procedures that provide enough technical detail so an airworthiness determination can be made based on a technical review of contractor-source documentation.
504. CONTRACTING TO NON-TCCA CERTIFICATED SOURCES.
a. If an AMO contracts work to a non-TCCA certificated source or another AMO, the AMO must be appropriately rated to perform the work. The AMO is responsible for the following:
(1) Approving return to service items on which work has been performed.
(2) Ensuring each item’s airworthiness.
b. Any non-TCCA certificated source to which work is contracted must be under the control of the AMO’s quality monitoring system for the work performed. The AMO must inspect each item on which contracted work has been performed to ensure the airworthiness of the item.
Receiving inspection procedures must enable the AMO to make an airworthiness determination of each item received. If the AMO cannot determine the quality of contracted work, the work can be contracted only to a TCCA certificated facility that is able to inspect the work performed for compliance with CAR 571.
505. CONTRACTING TO TCCA CERTIFICATED FACILITIES. If an AMO contracts functions to another organization that is TCCA certificated, that organization is responsible for approval for return to service of each item on which work has been performed. The AMO should be able to determine that the TCCA certificated organization to which work is contracted is properly certificated to perform the work. Through the AMO’s receiving inspection procedures, the AMO must properly process items received from a TCCA certificated facility.
506. 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 the records are retained for 2 years.
507. MAINTENANCE RELEASE. A maintenance release cannot be signed unless a person is authorized to sign in accordance with an MPM established by the holder of an AMO certificate issued under subsection 573.02. The AMO must have a rating for a category appropriate to the work performed. The person must have successfully completed a course of maintenance training that has been approved by the TCCA and that is applicable to the type of aircraft, engine, or system on which the maintenance is performed.
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CHAPTER 6. U.S.-CERTIFICATED AIRMEN
600. The requirements for a mechanic certificate and ratings, and the privileges, limitations, and general operating rules for certificated mechanics, are prescribed in 14 CFR part 65. When performing maintenance, preventive maintenance, or alterations on Canadian aeronautical products, the airman must comply with the appropriate sections of CAR 571.
601. Maintenance performed on Canadian aeronautical products by FAA-certificated airmen must comply with the manufacturer’s recommendations or other TCCA-approved data. 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 must make the return to service certification.
602. 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 airman must be found able to perform the work by the FAA.
CHAPTER 7. CANADIAN AIRCRAFT MAINTENANCE ENGINEERS
700. To gain an AME license, a person must submit an application in form and manner specified in chapter 566 of the TCCA’s Airworthiness Manual. This also applies to any endorsement of an AME license with a rating. The CARs state that an AME cannot exercise the privileges of an AME license unless the person holds an AME license, exercises the privileges in accordance with the ratings and any limitations endorsed on the license, exercises the privileges in accordance with Part V of the CARs. Any person who does not meet the conditions specified may sign a maintenance release if the person holds a restricted certification authority issued in accordance with Part V of the CARs. An AME license is valid for the period specified in the license.
701. Recency of experience requirements in the CARs state that privileges cannot be exercised unless a person has had a license for the preceding 24 months. Also, 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 aircraft maintenance-training course provided by an AMO.
702. AMEs are authorized to return aircraft to service. The AME cannot permit anyone whom the AME supervises to sign a maintenance release, unless the standards of airworthiness applicable to the maintenance performed and stated in chapter 571 of the Airworthiness Manual have been complied with and the maintenance release meets the applicable requirements specified in section 571.10 of the Airworthiness Manual.
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a. AMEs cannot sign a maintenance release for specialized maintenance unless the requirements of section 571.04 have been met. The exception to this is provided in its subsections 2 and 7; no person other than the holder of an aircraft maintenance engineer (AME) license issued under part IV, specifying a rating appropriate to the aeronautical product being maintained, can sign a maintenance release as required by section 571.10.
b. If a maintenance release is signed by a person with respect of work performed by another person, the person signing the maintenance release must personally observe the work to the extent necessary to ensure that it is performed in accordance with the requirements of any applicable standards of airworthiness and, specifically, the requirements of sections 571.02 and 571.10.
703. 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 the person holds a restricted certification authority. The TCCA must issue a restricted certification authority and specify therein its validity period and the scope of the work that may be performed, if:
a. Application is made in accordance with section 571.11 of the Airworthiness Manual;
b. 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;
c. The person to whom the restricted certification authority is to be issued 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
d. The level of aviation safety is not affected by the issuance of the restricted certification authority.
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