Avionics News November 2011 - (Page 60)

Advertisers Index Aero Standard. . . . . . . . . . . . . . . . . . . . 72 Aero-Mach Labs Inc.. . . . . . . . . . . . . . . 35 Aerosonic Corp. . . . . . . . . . . . . . . . . . . 49 Aerospace Optics . . . . . . . . . . . . . . . . . 52 Aircell . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Aircraft Electronics Association. . . . . . . 72 Avionics.com. . . . . . . . . . . . . . . . . . . . . 72 CAL Labs . . . . . . . . . . . . . . . . . . . . . . . 72 Dallas Avionics . . . . . . . . . . . . . . . . . . IFC Device Technologies . . . . . . . . . . . . . . . 71 EDMO . . . . . . . . . . . . . . . . . . . . . . . . . BC Elliott Aviation . . . . . . . . . . . . . . . . . . . . 70 Express Calibration Services . . . . . . . . 72 Flight Display Systems . . . . . . . . . . . . . 23 Flying Magazine . . . . . . . . . . . . . . . . . . 69 Garmin International . . . . . . . . . . . . . . . . 3 Georgetown Instrument Services . . . . . 61 Global Parts . . . . . . . . . . . . . . . . . . . . . 53 Greenwich / DAC International . . . . . . . 31 Millennium International . . . . . . . . . . . . 48 Mid-Continent Instruments . . . . . . . . . . . 5 Nextant Aerospace . . . . . . . . . . . . . . . . 70 Pacific Southwest Instruments . . . . . . IBC Precision Aircraft. . . . . . . . . . . . . . . . . . 70 Preston Pressure . . . . . . . . . . . . . . . . . 72 ProCal Laboratories . . . . . . . . . . . . . . . 72 Revue Thommen . . . . . . . . . . . . . . . . . 27 StandardAero . . . . . . . . . . . . . . . . . . . . 70 TangoWare . . . . . . . . . . . . . . . . . . . . . . 70 Tech-Aid Products. . . . . . . . . . . . . . . . . 72 TGH Aviation. . . . . . . . . . . . . . . . . . . 1, 71 Universal Avionics. . . . . . . . . . . . . . . . . 41 West Star Aviation . . . . . . . . . . . . . . . . 71 LEGAL EASE Continued from page 59 The obligation to submit an acceptable distribution program to the FAA means the FAA has the power to affect the mechanism that design approval holders use for distribution of ICAs. In addition to the requirement to have a program for distribution, design approval holders also have an affirmative obligation in section 21.50(b) of the regulations to make the ICAs and their amendments available to operators and others who are required to comply with them. It is not unusual for manufacturers to distribute manual changes as service bulletins. Whatever mechanism used should continue to comply with the FAA-accepted distribution method. Repair Station Access to CMMs Many repair stations have complained about lack of access to maintenance manuals. Others have complained about costs of the manuals. On the subject of skyrocketing manual costs, while FAA officials may be sympathetic to the industry’s concerns, this is a commercial issue currently considered outside of its regulatory power. There may be antitrust arguments raised when a manual price becomes outrageous relative to the information provided, but generally price alone is not an issue subjected to regulatory or legal oversight. On the other hand, availability of manuals and their amendments falls squarely within the FAA’s regulatory powers. The FAA regulates the method of distribution of ICAs and their changes as discussed above. The FAA also requires that ICAs be made available to operators and all others required to comply with them. Part 145 requires a repair station to have access to a copy of the maintenance manuals, and the FAA has interpreted this to mean that repair stations are among the category of parties entitled to enjoy access to the manuals. For a repair station to be qualified to have access to the manuals, the repair station must meet the requirements that are outlined in FAA order 8110.54A. These include: • The ICA in question was required by the regulations to be produced. • The repair station is currently rated for the product/part that is the subject of the ICA. • If the manual is a CMM, then the CMM must be referenced in the ICAs. Note that the FAA guidance explains “If a person can show they meet the ‘make available’ conditions above, then by regulation, they are also entitled to request and receive changes to that ICA from the DAH.” In this guidance, DAH means design approval holder. Where a CMM is produced by a company that is not a DAH, and then the CMM is cross-referenced in a DAH’s ICA, the enforceable mechanism for access to the CMM is through the DAH, not through the component producer who does not hold a design approval. In such a case, the component manufacturer may decide for itself whether it wishes to be a channel for distribution of manuals and amendments. There are many different fact patterns that produce differing results, and this article is only speaking in generalizations. Specific fact patterns should be discussed with appropriate regulatory counsel. Nonetheless, repair stations entitled to manuals, but are refused access to those manuals, should contact their local FAA office for assistance and may wish to file a formal complaint with the FAA. Manufacturers that identify competitors not meeting the regulatory obligations to disseminate data should also consider reporting such issues to the FAA.  60 AVIONICS NEWS • NOVEMBER 2011

Table of Contents for the Digital Edition of Avionics News November 2011

Point of Communication
AEA Now
The View From Washington
International News and Regulatory Updates
EVS
Member Profile
High Plains Possibilities
Electronic Engine Instruments
A Conversation With...
Crisis Aloft?
Meet the AEA Board
Aviation Aces
Business Basics
Pro*to*col
Legal Ease
Advertisers Index
Theory & Practice
What's New
Marketplace Classifieds

Avionics News November 2011