ARSA Presses Commercial Parts Harmonization
On April 18, ARSA pressed the FAA to acknowledge a Feb. 3 request to resolve international regulatory issues associated with commercial parts and commercial off-the-shelf parts (COTS). These parts must be accompanied by an FAA Form 8130-3 or EASA Form 1 when used in work subject to the Maintenance Annex Guidance (MAG) despite there being no such requirement under 14 CFR.
The original letter, spearheaded by ARSA and signed by both industry interest groups and private businesses, is part of a now-19-month effort to mitigate problems related to aircraft parts documentation under the U.S.-EU Bilateral Aviation Safety Agreement (BASA). The commercial parts issue has become the most-recent example of American and European regulators failing to acknowledge the equivalency of each other’s system and as a result imposing paperwork requirements with no attendant safety benefit.
Failure to harmonize international aviation safety rules undermines the purpose of entering into bilateral aviation safety agreements. System differences must be negotiated to avoid untenable situations – like those being experienced with commercial parts – by certificate holders on both sides of the Atlantic.
On behalf of the industry allies that joined the Feb. 3 request, ARSA’s new letter underscored the pressing importance of the issue by requested a meeting with the FAA on the matter: “Given that EASA’s [ARSA-supported] Engineering and Maintenance Stakeholder Technical Body (STeB) meeting will take place on May 9, 2017 followed by the FAA-EASA conference in June, this is a perfect opportunity to address how the FAA views the commercial/COTS parts issue.”
Stay tuned as the association continues to press the issue.
More on the MAG...
Feburary 7, 2017
On Feb. 3, a partnership of nine aviation organizations delivered a letter to the FAA requesting the agency address international issues created by the regulatory definition of “commercial parts.” The request, spearheaded by ARSA and signed by both industry interest groups and private businesses, is part of a 17-month effort to mitigate problems related to aircraft parts documentation under the U.S.-EU Bilateral Aviation Safety Agreement (BASA).
Under the United States’ regulatory framework, parts defined as “commercial” by 14 CFR § 21.1(b)(3) do not receive the same documentation (an FAA Form 8130-3) as those released by production approval holders (PAH) under the BASA and its related annexes. The same is true for so-called “commercial off the shelf” parts, which are not included in the § 21.1(b)(3) definition. This causes problems for manufacturers, distributors and maintenance providers: When commercial parts are used in maintenance subject to the agencies’ Maintenance Annex Guidance (MAG), an FAA Form 8130-3 is required.
The letter cites the FAA’s own reasoning, as expressed in a 2006 notice of proposed rulemaking, that it is “unrealistic to expect manufacturers making thousands of non-aviation [“commercial”] parts per day and relatively few aviation parts to obtain a [Parts Manufacturer Approval].” The agency admitted it would struggle to oversee commercial parts’ producers for the sake of rarely-required documentation. Considering this assessment, the group entreated the FAA to work with its bilateral partner EASA to resolve the problematic regulatory differences.
“Differences in the agencies’ rules and systems must be negotiated to ensure the result does not create an impossible situation for either authority’s industry and certificate holders,” the letter said. “In this case, the failure to address the difference in the design regulations has created an untenable situation on both sides of the Atlantic.”
In addition to ARSA, the letter was signed by representatives from the Aerospace Industries Association, the Aircraft Electronics Association, Airlines for America, the Aviation Suppliers Association, the General Aviation Manufacturers Association, Honeywell Aerospace, Moog Aircraft Group and Gulfstream Aerospace.
To read the full letter, click here.
September 29, 2016
On Sept. 28, the FAA confirmed ARSA’s Form E100 as an acceptable method of compliance with U.S. and EASA requirements for inspecting certain new parts. The letter was signed by the Manager of the FAA’s Aircraft Maintenance Division (AFS-300) and delivered to ARSA’s Managing Director and General Counsel Marshall S. Filler. It also confirmed that Form E100 was consistent with agency guidance (FAA Notice 8900.380) pertaining to the documentation required under the bilateral aviation safety agreement between the United States and European Union, as reflected in change 6 to the U.S.-EU Maintenance Annex Guidance (MAG).
The association had released the form (which is available free of charge to members) on Sept. 21 to provide repair stations a method of complying with new demands from the European Aviation Safety Agency (EASA) in time to meet an Oct. 1 deadline. On that date, the European regulator will begin requiring that specific documentation accompany new parts to be installed in articles subject to the MAG; that is, those articles approved for return to service by a dual release.
ARSA developed Form E100 for its members to record an inspection of a new article received without the documentation required by the MAG. The FAA’s confirmation of the form’s acceptability guarantees that the U.S. aviation maintenance industry will have an another method of compliance at its disposal.
ARSA has produced an on-demand online training session on MAG compliance,
which focuses on providing instruction for use of the form.
“This is another significant step as U.S. industry transitions to the new EASA requirements,” Filler said. “It is a hard-earned success. For more than a year, ARSA, its industry allies and member companies have been working diligently to overcome the biggest regulatory obstacles. We used a systems approach by involving the certification and flight standards organizations from both [U.S. and European] agencies. EASA and the FAA should be commended for their willingness to consider alternate approaches and for giving U.S. industry the time needed to adjust their internal processes. Notice 8900.380 and the resulting ARSA New Part Inspection Form are critical for maintenance providers because, in spite of the FAA’s efforts to facilitate production approval holders’ issuance of Form 8130-3, it is still not required under the FAA system. And while we strongly encourage ARSA members to include specific language requesting this form in their purchase orders to U.S. PAHs, they will have an alternate path to compliance if the required documentation is not provided.”
The association has been leading an industry wide effort to “smooth” implementation of this new requirement since September 2015. To review ARSA’s work, scroll through the content on this page.
Member companies interested in utilizing the form should visit arsa.org/publications.
September 21, 2016
On Sept. 21, ARSA released a New Article Inspection Form for use by members when parts are not accompanied by the proper documentation as required by the U.S.-EU Maintenance Annex Guidance (MAG CHG 6). On the same day, the association received EASA’s response to a request to clarify the meaning of the term “inventory” under the MAG.
The association worked hard to ensure its members have a method for complying with the documentation requirements. Beginning Oct. 1, 2016, EASA demands that all new parts be accompanied by an EASA or TCCA Form One or FAA Form 8130-3 from a production approval holder (PAH).
The MAG defines a PAH as EU Production Organization Approval (POA) holders, FAA Production Approval Holders (PAH) and Transport Canada Civil Aviation (TCCA) Manufacturer Certificate Holders (MCH). FAA PAHs are production certificate (PC) holders, technical standard order authorization (TSOA) holders and parts manufacturer approval (PMA) holders. For FAA PMA critical parts, the PAHs must be licensees of the type or supplemental type certificate holders, or their articles must have been issued an EASA design approval.
The term “inventory” is used in the Note relating to grandfathered parts. It allows a repair station to install new parts not accompanied by FAA Form 8130-3 if it possesses the requisite PAH (or direct ship supplier) documentation and the part is in inventory on or before Sept. 30, 2016. ARSA requested EASA to apply a broad definition of “inventory” to mean any part in the distribution pipeline as of Sept. 30, whether it was located at a repair station, air carrier or distributor.
The EASA letter, signed by Ricardo Génova Galván (head of EASA’s Flight Standards Directorate), confirms the agency means the inventory of the repair station that will use the part in a repair subject to the MAG. The letter also mentions a related effort to facilitate the appointment of distributor designees to issue the FAA Form 8130-3. It also cites EASA’s pending effort to reduce the administrative burdens by limiting the need for an EASA or TCCA Form 1 or FAA Form 8130-3 to a much smaller subset of parts, including critical parts.
The letter also notes the previously-reported FAA Notice 8900.380, which confirmed a repair station’s privilege to inspect any new part received without the MAG-required documentation. The privilege applies regardless of whether the new part was received before, on or after Oct. 1, 2016. Although the Notice expires in a year, the agencies have committed to including acknowledgement of this avenue in MAG CHG 7.
To implement the privilege, ARSA has developed a form for its repair station members to record an inspection of a new article received without the documentation required by MAG CHG 6. The form can be incorporated into the repair station, quality and forms manuals with appropriate cross-references between those documents and the EASA supplement.
To address the new parts documentation requirements, review your RSQM and EASA supplement against MAG CHG 6 requirements to ensure continued compliance on and after Oct. 1, 2016.
ARSA members that have adopted the association’s model repair station and quality (RSQM) manuals and EASA supplement should click here to download the Model EASA Supplement Revision Summary.
ARSA’s New Article Inspection Form has been submitted to the FAA for its review and comment. To order your copy of the form – available only to ARSA members – visit arsa.org/publications. Once ordered any updates to the form will be forwarded to original recipients.
To review ARSA’s request for clarification of the term “inventory” as well as EASA’s response, click here.
August 31, 2016
Update: On Aug. 31, the FAA issued a revised Notice 8900.380 that clarified the language in paragraph 5.b(1) and (2) to confirm a repair station’s privilege of performing an inspection on any new part received without the documentation required by the MAG. The privilege applies regardless of whether the new part was received before, on or after Oct. 1, 2016. The agency retained the original issue date and Notice number; the revised document is available on the agency’s FSIMS web site at the link below:
August 29, 2016
On Aug. 29, the FAA, in coordination with the European Aviation Safety Agency (EASA), issued Flight Standards Notice 8900.380 to Aviation Safety Inspectors (ASIs) with oversight responsibility for U.S. repair stations that hold EASA Part-145 certificates. The notice addresses two outstanding issues involving Change 6 to the FAA-EASA Maintenance Annex Guidance (MAG CHG 6).
First, the notice confirms that a repair station may inspect and approve for return to service any new part within its ratings that does not meet the MAG CHG 6 documentation provisions. This codifies a verbal agreement reached on June 17, 2016 at the Maintenance Management Team (MMT) meeting in Washington, D.C. with the FAA, EASA, other national aviation agencies (NAAs) and industry representatives. It confirms such inspections are to be handled like other maintenance activities; Notice 8900.380 describes the agencies’ expectations. (ARSA is developing a procedure that its members may use to accomplish these inspections.)
Second, the notice confirms that the implementation (i.e., compliance) date for the new parts documentation provisions of MAG CHG 6 is Oct. 1, 2016. Some ASIs have been requesting changes to EASA Supplements by Sept. 1, 2016 (90 days after MAG CHG 6 was effective or issued). Therefore, the Notice confirms the Oct. 1, 2016 implementation date for the parts documentation provisions.
“This is a fine step,” said Sarah MacLeod, ARSA’s executive director, noting that the FAA’s confirmation of a repair station’s right to approve a part for return to service is on a long list of the association’s victories related to the MAG’s requirements. ARSA has worked tirelessly to “smooth” implementation of the MAG’s parts documentation requirements since September 2015. The association’s leadership has mitigated far costlier burdens on production approval holders (PAHs) and repair stations that must comply with these new requirements after Oct. 1.”
However, the effort to reverse course on this misguided policy is not over; the industry is awaiting further clarification regarding what parts will be ‘grandfathered” in accordance with the NOTE in MAG CHG 6. ARSA has asked EASA to adopt the reasonable definition of ‘grandfathered inventory.’
“All parts released by the PAH before Oct. 1 with the correct documentation should be grandfathered, period. To limit grandfathered parts only to those in a repair station’s inventory on September 30 instead of focusing on documentation received from the PAH is a wasteful step not only for the agencies but also every maintenance certificate holder, supplier, and customer,” MacLeod said.
August 18, 2016
On Demand – Update on MAG Changes 5 & 6
Access the update from ARSA’s regulatory team on the parts documentation requirements created by changes 5 and 6 to the U.S.-EU Maintenance Annex Guidance (MAG). Benefit from clarifying questions asked during the live session and discussion of items of specific concern to participants.
Listening Session & Update: U.S.-EU MAG Parts Documentation Requirements
Session Lead: Marshall S. Filler
Registration for an ARSA-provided listening session includes:
- Access to the on-demand, recorded version of the session.
- A copy of the presentation and all reference material with links to relevant resources and citations.
The association’s training program is provided through Obadal, Filler, MacLeod & Klein, P.L.C., the firm that manages ARSA. To go directly to OFM&K’s online training portal, visit PotomacLaw.inreachce.com. To learn more about the association’s training program and see course availability, visit arsa.org/training.
July 14, 2016
This special edition of “a member asked” – a popular component of each hotline member newsletter – is provided as a service to ARSA members eagerly awaiting word from the FAA and EASA on documentation requirements for new parts already in inventory ahead of the effective date of the “new” 8130-3 requirement.
Q: What is the status of efforts to have the FAA and EASA change the statement below, which the agencies first sent to ARSA in an April 14 letter and then reiterated both in Notice 8900.360 and the newly-released MAG Change 6. This will affect the whole industry in a huge way if they leave it status quo.
NOTE: New parts that were received into inventory prior to Oct. 1, 2016 must, at a minimum, have a document or statement (containing the same technical information as an FAA Form 8130-3) issued by the PAH or supplier with direct ship authority. These parts in inventory, documented with the required information, will be grandfathered and remain suitable for installation into EU articles, provided the certification/release date of these parts is prior to Oct. 1, 2016. (emphasis added)
A: On June 17, ARSA joined representatives from the aviation maintenance community at a meeting with the FAA, EASA and ANAC. (Transport Canada Civil Aviation was invited but did not attend.) This was the first annual Maintenance Management Team (MMT) meeting modeled after the Certification Management Team (CMT) formed several years ago to address international certification issues.
During the discussion, industry coalition members requested the FAA and EASA remove the “NOTE” from their April 14th letter to ARSA (and later included in Notice 8900.360 and MAG Change 6) requiring that parts in inventory prior to Oct. 1 be accompanied by a document containing the same technical information as FAA Form 8130-3. Unfortunately, agency representatives indicated this requirement will not change.
For new parts in inventory prior to Oct. 1, a dated certificate of conformance or similar document from the production approval holder (or its supplier with direct ship authority) should be sufficient to comply with this requirement. As for the meaning of the phrase “same technical information as on Form 8130-3,” FAA and EASA representatives advised that they are looking for the part name, serial number (if applicable) and nomenclature.
With regard to new parts for which you don’t have the required documentation (either the grandfathered parts per the above Note or those released by the PAH on and after Oct. 1), the agencies agreed during the June 17th meeting to allow a repair station to perform an inspection in accordance with criteria that it develops and approve the article for return to service with a right side signature on the 8130-3. This is an administrative burden but it provides a safety valve for qualifying a part for use in a repair subject to the MAG. (On a related matter and in accordance with the FAA’s letter to ARSA dated August 25, 2015, repair stations that hold an appropriate rating for the top assembly being maintained are also rated to perform maintenance on sub-articles [i.e., piece parts] associated with that top assembly.)
These agreements will be formalized by their inclusion in the June 17 joint agency-industry meeting minutes. Industry representatives have prepared draft minutes which have been sent to agency representatives for comment and eventual adoption.
June 24, 2016
On June 24, the Design, Manufacturing and Airworthiness Division (AIR-100) of the FAA’s Aircraft Certification Service issued two deviation memos to FAA field offices that will help repair stations comply with the requirements of the U.S.-EU Maintenance Annex Guidance (MAG).
MAG CHG 6 (and its predecessor CHG 5) require Form 8130-3 to be issued for new parts released by a PAH on and after Oct. 1, 2016 if subsequently installed during maintenance subject to the MAG.
The deviation memoranda:
(1) Facilitate production approval holders’ (PAH) implementation of section 21.137(o) authorizing such entities to issue Form 8130-3 as an Authorized Release Document.
(2) Allow the issuance of Form 8130-3 as an export document without having to mention the product or article complies with the importing requirements of a specific country. Other block 12 statements referenced in Order 8130.21 or required by bilateral agreements (e.g., “This PMA part is not a critical component.”) must still be included.
As part of an ongoing effort to address issues with the MAG, an ARSA-led industry coalition worked closely with the FAA for two months ahead of memos’ issuance. The effort included both aviation trade associations and private businesses that made headway with the FAA and EASA by delivering letters, meeting with officials from both agencies and engaging in an informed public discourse about the difficulties caused by the new 8130 requirement.
While there are many challenges remaining for PAHs to modify their quality and IT systems to accommodate the changes in time for the MAG CHG 6 implementation date of Oct. 1, 2016, the memos will go a long way toward giving industry the tools needed to comply.
ARSA’s efforts regarding the 8130 requirement have been supported by: the Aerospace Industries Association, the Aircraft Electronics Association, Airlines for America, the Aviation Suppliers Association, the General Aviation Manufacturers Association, the Modification and Replacement Parts Association, MOOG Aircraft Group, Honeywell Aerospace, Gulfstream Aerospace Corporation and the Boeing Company.
Stay tuned to ARSA’s website for more information on parts documentation requirements (arsa.org/production-certificates) as well as the fifth (arsa.org/mag-change-5) and sixth (arsa.org/mag-change-6) revisions to the U.S.-EU MAG.
June 14, 2016
On June 10, seven trade associations and four aerospace companies – led by ARSA – requested the directors of flight standards for the FAA and EASA revise guidance on international parts documentation.
Since last September, the association and its allies have worked to help the agencies correct regulatory issues created by the 2015 revision of the Maintenance Annex Guidance (“MAG Change 5”) to the U.S.-EU Bilateral Aviation Safety Agreement (BASA).
The nine-month-long effort deals with the requirement that U.S. Production Approval Holders (PAH) issue FAA Form 8130-3 with all new parts for which a dual maintenance release will be issued. The privilege to issue that form was created in Title 14 Code of Federal Regulations (CFR) § 21.137(o) last October. Since that time, the FAA and EASA have issued two extensions to give both the FAA and industry time to comply. The most-recent extension was announced to ARSA in a letter dated April 14, 2016 and distributed to FAA personnel in Notice 8900.360.
Unfortunately, the extensions include a note indicating parts released by a PAH prior to Oct. 1, 2016 will remain suitable for installation on EU articles only if they have appropriately-dated documentation from the PAH containing the same technical information as an FAA Form 8130-3. That “requirement” is problematic for a host of reasons. Many articles – especially older parts – do not have dated documentation, and even fewer are from or by a PAH. Although an article’s packaging and associated documentation can identify the source, they will not have the same information as an FAA Form 8130-3. Furthermore, documents (such as certificates of conformance, airline certifications, shipping tickets, invoices, etc.) or identification markings are used to provide evidence that a part is eligible for installation. Under the extensions this information will no longer be sufficient unless it is issued by or from the PAH.
The coalition requested the agencies issue another letter and revise Notice 8900.360 to remove the dated documentation requirement for articles released from a PAH prior to Oct. 1, 2016. As is the current requirement, all new parts must be accompanied by acceptable evidence of airworthiness that meet the regulations for record keeping at the time of production and/or sale.
“The central issue is to help the FAA and EASA rely on their already-dependable systems for ensuring airworthiness,” said Marshall S. Filler, ARSA’s managing director and general counsel, who has been the industry’s point person on the issue since MAG Change 5 was signed last fall. “Regardless of the documentation that accompanies a part, it is subject to a robust quality system and careful regulatory oversight. Therefore, it’s perfectly reasonable to grandfather the parts released by a PAH prior to Oct. 1, 2016 and we greatly appreciate the agencies’ granting another six-month extension. However, the grandfathered conditions should not be so burdensome that they exclude large numbers of airworthy articles.”
The letter’s delivery coincided with the beginning of the Annual International Safety Conference, co-hosted by the FAA and EASA and featuring Filler in a plenary discussion on bilateral agreements. As industry representatives and regulators convene in Washington from June 14-16, those representing U.S. parts manufacturers have the perfect pulpit from which to pursue sensible oversight.
“This letter is part of an ongoing effort specific to the Form 8130-3 requirement,” Filler continued, noting his participation alongside representatives from the FAA, EASA and industry during the conference. “More importantly, though, it is the perfect example of hurdles that must be overcome to truly realize the benefits of bilateral relationships. When our governments sign these [bilateral aviation safety] agreements, they are endorsing the principle that each other’s technically equivalent systems will be mutually accepted. In the absence of a compelling safety justification, that should mean simpler compliance and reduced economic burdens — not the opposite. I’m glad we can discuss it this week [during the conference], but I’m determined that the parts documentation issue serve as an example of how easily things can get off track.”
Since the 2015 change to the MAG was issued, a new revision – the sixth – has been signed. Although an improvement over its predecessor, “MAG Change 6” did not resolve all the issues and perpetuated many of the problems in the agencies’ April 14th letter.
In addition to ARSA, the letter was signed by representatives from: the Aerospace Industries Association, the Aircraft Electronics Association, Airlines for America, the Aviation Suppliers Association, the General Aviation Manufacturers Association, the Modification and Replacement Parts Association, MOOG Aircraft Group, Honeywell Aerospace, Gulfstream Aerospace Corporation and the Boeing Company.
To download a copy of the letter, click here.
Visit ARSA’s website for more information on parts documentation requirements (arsa.org/production-certificates), the International Safety Conference (arsa.org/faa-easa-conference) and the fifth (arsa.org/mag-change-5) and sixth (arsa.org/mag-change-6) revisions to the U.S.-EU MAG.
June 2, 2016
On June 1, the FAA and EASA released Change 6 to the U.S.-EU Maintenance Annex Guidance (MAG CHG 6). MAG CHG 6 includes some amendments sought by ARSA and its industry partners relating to the need for Form 8130-3 for new parts subject to the MAG (i.e., those installed in dual release repairs). Regarding this issue, MAG CHG 6:
(1) Includes a fabricated parts exception from the Form 8130-3/EASA Form 1 requirement.
(2) Removes the term “OEM” and “PC holder” from MAG CHG 5, replacing them with the more appropriate “production approval holder” (PAH).
(3) Removes the requirement that a component must be referenced in the type certificate holder’s Illustrated Parts Catalogue for it to be acceptable for installation.
MAG CHG 6 does not affect the Oct. 1, 2016 implementation date when Form 8130-3 must accompany new parts released by a PAH. Unfortunately, MAG CHG 6 restated the following note included in the agencies’ April 14 letter to ARSA and Notice 8900.360:
NOTE: New parts that were received into inventory prior to Oct. 1, 2016 must, at a minimum, have a document or statement (containing the same technical information as an FAA Form 8130-3) issued by the PAH or supplier with direct ship authority. These parts in inventory, documented with the required information, will be grandfathered and remain suitable for installation into EU articles, provided the certification/release date of these parts is prior to Oct. 1, 2016. (emphasis added)
ARSA and its industry partners will continue to seek changes to the note, which imposes unreasonable restrictions on the use of some airworthy inventory (e.g., new airline surplus parts received without PAH documentation) in dual release repairs. In addition, the industry group is working closely with the Aircraft Certification Service to speed up the implementation of sec. 21.137(o) allowing PAHs to issue Form 8130-3 as an Authorized Release Document and clarify Order 8130.21H relating to the use of Form 8130-3 for export.
To view change 6, click here.
For additional updates specifically relating to change 6, visit arsa.org/mag-change-6.
For more on the effort to effectively implement 21.137(o), visit arsa.org/production-certificates
May 9, 2016
UPDATE: Effective May 2, the FAA issued Notice 8900.360 extending the implementation date of the guidance established by Notice 8900.336, Maintenance Annex Guidance, Change 5 requirements for the FAA Form 8130-3 from Production Approval Holders from April 1 to Oct. 1. The notice language is consistent the April 14 letter sent by the FAA and EASA to ARSA (see story below).
ARSA continues to work closely with the FAA and its industry coalition partners to resolve a variety of issues associated with MAG change 5. The association will update its members as new developments occur.
To view the notice, click here.
MAG Change 5: FAA, EASA Confirm 8130-3 Requirement Extension
April 20, 2016
On April 20, ARSA received a letter dated April 14 from the FAA and EASA confirming the postponement of the “new” parts documentation requirement imposed on U.S.-based production approval holders by change 5 to the U.S.-EU Maintenance Annex Guidance. The letter arrived after an April 1 email from the FAA to its aviation safety inspectors originally announced the extension (see “No Joke” below).
The letter recounted months of action by a coalition of aviation groups led by ARSA and noted the provision’s effective date was originally delayed four months to accommodate the needs of U.S. PAHs. Having earned the original extension from Dec. 8, 2015 to April 1, 2016, the association joined a chorus of aviation stakeholders in persuading both agencies that industry circumstances demanded another postponement.
“[In March 2016], at the occasion of ARSA’s Annual Repair Station Symposium,” the letter noted, highlighting the broad engagement by the maintenance community on the issue, “[Managing Director and General Counsel Marshall S. Filler] informed us that the actual implementation of the provisions/privileges contained in Title 14, Code of Federal Regulations § 21.137(o) was taking much longer than expected and that the extended deadline of April 1, 2016 was not allowing most of the PAHs to get the required approval under § 21.137(o) by their supervising Manufacturing Inspection District Offices (MlDOs).”
In addition to the concerted efforts put forth by the 13 trade associations represented on the original Oct. 7, 2015 letter (see “Aviation Coalition Requests Orderly Transition Period” below), both agencies received repeated requests from industry members for more time to institute the privileges of § 21.137(o). While the entire aviation community should be relieved to have another extension, much work remains to fully implement the privileges of § 21.137(o).
To read the full letter, click here.
April 1, 2016
The “new” parts documentation requirement imposed on U.S.-based production approval holders by change 5 to the U.S.-EU Maintenance Annex Guidance has once again been postponed.
On April 1, the FAA notified its aviation safety inspectors via email (see below) that, in cooperation with EASA, the agency has agreed to delay the implementation of the FAA Form 8130-3 requirement. The new effective date is Oct. 1 – six additional months to fully realize the benefits of the new 14 CFR § 21.137(o) (to read about ARSA’s efforts specific to the new privilege, visit arsa.org/production-certificates). A notice confirming the extension is expected in the near future.
Since the September 2015 release of MAG Change 5, ARSA has been the industry leader on multiple efforts to “smooth” its implementation and prevent disruption of international maintenance operations. Having earned the original extension from December 2015 to April, the association persuaded both agencies that industry circumstances demanded another postponement. While we are relieved to finally have agreement, much work remains to fully implement the privileges of § 21.137(o).
It may be April Fools’ Day, but for once the joke is not on maintenance providers. Stay tuned to ARSA as the situation unfolds. For a complete history of the association’s efforts since the September 2015 release of MAG Change 5, review the content below.
From: Logan, Cindy (FAA)
Sent: Friday, April 01, 2016 7:23 AM
To: 9-AWA-AFS-300-Maintenance (FAA)
Subject: FYI from the AFS-300 Management Team — April 1, 2016 >> FAA Notice 8900.336 FAA Form 8130-3 requirements <<
Good Morning Everyone…
This email is provided as interim notification.
Since the release of the Maintenance Annex Guidance (MAG) Change 5, between the United States and the European Union (EU), many concerns were raised by U.S. repair stations regarding changes contained in Section B, Appendix 1, paragraph 10: “Release and Acceptance of Components,” and the timelines established. Industry stakeholders recommended that the MAG be aligned with the changes in part 21 set forth in Amendment 21-98, which became effective on March 29, 2016. The alignment would allow PAHs in the U.S. to establish a process in their quality systems to issue an authorized release using FAA Form 8130-3 for new parts. Other concerns include what provisions could be made regarding components received prior to that date.
On November 17, 2015, the FAA issued FAA Notice 8900.336, aligning the requirements of MAG CHG 5, Section B, Appendix 1, paragraph 10, with the effective date of the part 21 Amendment 21-98. Unfortunately, implementing the changes to part 21 set forth in Amendment 21-98, i.e. 21.137(o) is taking longer than stakeholders expected. Both FAA and EASA were asked by several industry stakeholders to extend the implementation date of MAG CHG 5 requirements specified above (specifically Section B Appendix I, Paragraph 10).
To allow implementation of the privileges under 21.137(o) to the greatest extent possible, FAA and EASA agreed to extend the implementation deadline specified in FAA Notice 8900.336 from April 1, 2016 to October 1, 2016. All other provisions of MAG CHG 5 remain in effect.
FAA Notice 8900.336 is undergoing revision and will address this change and will be issued as soon as coordination procedures are complete.
This message was sent to Principal Maintenance and Avionics inspectors and Office managers. While our list is extensive it may not touch everyone, please distribute as necessary.
Have a GREAT weekend!
Management and Program Analyst, AFS-310
Update: On Nov. 25, ARSA received a letter from the FAA and EASA, which was sent in official response to the Oct. 7 request by the ARSA-led coalition to address complications in change 5 to the Maintenance Annex Guidance (MAG) regarding parts documentation requirements.
The letter, which was signed by the flight standards and aircraft certification directors of both agencies, was consistent with the FAA’s notice published to the Federal Register on Nov. 20 (read below for more information). In addition to delaying implementation of the FAA Form 8130-3 requirement until April 1, 2016, the letter indicates the FAA is also considering action to allow early compliance with certain provisions of the new rule.
November 20, 2015
On Nov. 20, the FAA and EASA announced a joint strategy for implementing the most-recent update to the international safety agreement between the two bodies. That document, which was signed in September and was scheduled to become effective on Dec. 8, included a major complication regarding documentation requirements for new aircraft parts that will be installed in articles subject to the jurisdiction of both the European Union (EU) and the United States.
Change 5 to the Maintenance Annex Guidance (MAG) issued under the U.S.-EU Bilateral Aviation Safety Agreement (BASA) created a clear requirement for a specific FAA Form – the 8130-3 – to be issued by production approval holders (PAH). The form must accompany all new parts to be installed on articles for which a dual FAA-EASA maintenance release will be issued. A BASA is a government-to-government agreement meant to simplify regulatory oversight across borders. However, under current FAA rules only the agency or its designees can issue the document for a new part.
The FAA addressed that problem in a final rule published Oct. 1 that will allow U.S. PAHs to issue Form 8130-3 without needing an FAA designee. Unfortunately, aerospace manufacturers cannot implement the new privilege until the final rule’s March 29, 2016 effective date, with longer timelines required for FAA regulatory review and approval.
On Oct. 7, a coalition of aviation trade associations sent a letter to both agencies offering a solution: delay implementation of the MAG’s new documentation requirements until the effective date of FAA’s new rule. U.S. aviation businesses would then be able to install these parts on European articles, and remain in compliance, without disruption.
“Even though the U.S. and EU regulatory systems are equivalent, our members’ hands were effectively tied,” said Marshall S. Filler, managing director and general counsel for ARSA, about the industry-wide effort. “As things stood in October, in order to serve European customers many U.S. repair stations would be legally obligated to possess parts documentation that U.S. manufacturers cannot issue.”
In response the agencies agreed to delay implementation of the FAA Form 8130-3 requirement until April 1, 2016. The FAA issued a notice, effective Nov. 17, providing additional time for U.S. PAHs to update their internal procedures and issue the forms for parts released from their quality systems. They also clarified the requirement would not be applied retroactively to parts released by the PAH prior to the new effective date, whether in a repair station’s inventory or in the distribution pipeline.
“After the FAA’s new rule was published [on Oct. 1], the way ahead was pretty clear,” Filler concluded. “Giving U.S. industry the time it needed to align systems and procedures with the new MAG requirement was the simple, common sense solution. The agencies saw that, with a little help, and made the right decision. Fortunately, the aviation community will not be penalized because of an unworkable regulatory burden.”
November 3, 2015
Update – Nov. 3, 2015: MAG Change 5 – Briefing & Listening Session Recap
On Nov. 3, ARSA’s regulatory team hosted a discussion — headlined by Managing Director and General Counsel Marshall S. Filler — of MAG Change 5. The session engaged members in order to complement the association’s assistance to industry as the FAA and EASA work to effectively implement the change.
October 8, 2015
Parts Diplomacy – Aviation Coalition Requests Orderly Transition Period
On Oct. 7, a coalition of aviation trade associations sent a letter to the FAA and EASA addressing a major issue in the international agreement between the two bodies. The complication: documentation of aircraft parts that are subject to the jurisdiction of both the European Union and the United States.
The letter was signed by representatives of ARSA, the Aerospace Industries Association, the Aircraft Electronics Association, the Aircraft Owners and Pilots’ Association, Airlines for America, the Aviation Suppliers Association, the Cargo Airline Association, the General Aviation Manufacturers Association, Helicopter Association International, the International Air Transport Association, the Modification and Replacement Parts Association, the National Air Carrier Association and the National Air Transportation Association. The letter’s delivery was announced on Oct. 8 during an international regulatory panel at ARSA’s 2015 Strategic Leadership Conference (SLC) in Washington, D.C.
The coalition provided a means for smooth implementation of the most recent update to the Maintenance Annex Guidance (MAG) issued under the Bilateral Aviation Safety Agreement between the United States and the European Union. A BASA is a government-to-government agreement meant to simplify regulatory oversight across borders. Unfortunately, the Sept. 9 MAG update imposes an unrealistic compliance deadline on U.S. industry to conform its practices to those of the EU.
The MAG change creates a clear requirement for a specific FAA Form – the 8130-3 – to accompany all new parts installed by U.S. repair stations on articles that may be exported to the European Union. Unfortunately, under current FAA rules the agency must issue the document, usually through a production approval holder’s (PAH) designee.
“Even though the U.S. and EU regulatory systems are equivalent, our members’ hands are effectively tied,” said Marshall S. Filler, managing director and general counsel for ARSA. “As things currently stand, in order to serve European customers many U.S. repair stations will be legally obligated to possess parts documentation that U.S. manufacturers cannot issue.”
The FAA addressed that problem in a final rule published Oct. 1 that will allow U.S. PAHs to issue Form 8130-3 without needing an FAA designee. Unfortunately, aerospace manufacturers will be unable to implement the new privilege until the final rule’s March 29, 2016 effective date, with longer timelines required for FAA regulatory review and approval.
To allow for a smooth and orderly transition to the new MAG requirement, the industry letter requests the FAA and EASA delay its implementation date for six months after the effective date of the FAA final rule.
“The FAA has provided the remedy for the Form 8130-3 problem [with the Oct. 1 publication of its new rule],” Filler continued, “The simple, common sense solution is to give U.S. industry the time it needs to align its quality systems with the new MAG requirement. In the meantime, repair stations should not have to suffer adverse consequences when the fundamental problem lies outside their control.”
September 28, 2015
On Sept. 9, the FAA and EASA signed change 5 to the Maintenance Annex Guidance (MAG). Repair stations must ensure compliance with revisions by Dec. 8, 2015, unless a later date is agreed to by the authorities.
A comparison document red-lining the changes is available here. For U.S.-based repair stations, the most notable revisions:
- Added aviation safety inspector (ASI) to the list of definitions and replaced references to PMI, PAI and PI throughout.
- Identified Flight Standards (specifically AFS-300) as the “FAA national coordinator” and replaced references throughout.
- Identified EASA standardization department as FS1 and replaced references throughout.
- Provided the process by which a repair station may continue to issue dual releases while changing its name (page 85).
- Clarified that the repair station need only provide procedures for maintaining its repair station roster in its RSQM (page 99).
- Clarified instructions for issuing an approval for return to service document when the article is eligible to be installed only on an EU-registered aircraft (i.e., not eligible for a dual release) (page 102).
- Clarified that the repair station’s audit plan should include parts 43 and 145 requirements in addition to the EASA special conditions (page 105).
- Clarified that the repair station’s list of contractors should contain the function being performed in addition to the name, address and certificate (page 107).
- Noted that EASA-approved line stations are limited to those listed in an FAA repair station’s D107 operations specifications (page 110).
- Replaced the word “should” with the word “must” in various places including in provisions addressing—
- Facility access to EASA and FAA to “ascertain compliance” (page 95).
- Potential for enforcement action by EASA (page 95).
- Documentation of new and used components installed during maintenance (page 99-101).
This last sub bullet is the most regrettable. While prior versions of the MAG raised questions about whether an FAA Form 8130-3 with a left side signature for new parts was mandatory or discretionary, change 5 clearly requires a U.S. repair station to have an FAA Form 8130-3 issued by the production approval holder (PAH) for new parts.
While ARSA has long-fought the “requirement”, change 5 will elevate the issue to the highest levels of the FAA and EASA. While ARSA would prefer that EASA accept the FAA system as equivalent to the EU system (which it is), that is not likely to happen without strong FAA pushback which has not occurred to date. Thus, most U.S. manufacturers will eventually issue FAA Form 8130-3s for all new parts because it will be administratively easier than figuring out which buyers are going to issue dual releases or eventually “export” the part. (This is reminiscent of the mid-1990s when U.S. repair stations were “forced” to drop the yellow tag and issue Form 8130-3 to comply with contract and international regulatory requirements.)
ARSA’s comments, actions and recommendations (noted in bold text) to MAG language (italic text) are as follows—
A release document issued by the OEM or Production Certificate (PC) holder must accompany the new component. For U.S. OEMs and PC holders, release must be on the FAA Form 8130-3 as a new part. PMA parts may only be accepted as detailed in EASA Part-21 or in Annex 1 of the Agreement.
- A U.S. PAH cannot issue an FAA Form 8130-3; it must be issued by the FAA or the agency’s designee (i.e., ODA, DMIR, DAR). There is a pending FAA rulemaking proposal that would allow a U.S. PAH to issue the form without having to use a designee. This would move 14 CFR closer to EASA part 21 which requires a Production Organization Approval (POA) holder to issue an EASA Form 1 for all new parts released from its quality system.
- S. industry has not previously considered parts sent to a U.S. repair station as exports under the Technical Implementation Procedures (TIP) (i.e., they have been viewed as domestic shipments). And since most U.S. PAHs don’t routinely issue FAA Form 8130-3s for domestic shipments, this puts U.S. repair stations that also hold EASA part 145 certificates in an impossible situation of being required to obtain a document they don’t control.
- An export as defined in the TIP occurs when the article is released from one regulatory system for subsequent use by another country.
- EASA has taken the position that an export occurs if the U.S. repair station will issue a dual release. EASA is saying that the article installed during maintenance transfers from the U.S. regulatory system to the EU system whenever a dual release is issued and therefore is being exported within the meaning of the TIP.
What ARSA and its allies are doing: ARSA has requested clarification from EASA representatives on the issues outlined above. The association also supports a pending request by the General Aviation Manufacturers Association (GAMA) that a transition period be established to allow the FAA to issue its final rule allowing U.S. PAHs to issue FAA Form 8130-3s for all new components without the services of the FAA or a designee. The transition period was reportedly discussed at last week’s Bilateral Oversight Board (BOB) and Certification Oversight Board (COB) meetings; the association will continue to solicit information on what, if any, decision was made at that meeting.
What to do in the meantime: If you hold an FAA and EASA certificate and routinely execute dual releases, ensure your purchase orders to U.S. PAHs include language that the article is intended for use in a bilateral export situation, such as—
The articles covered by this purchase order are intended for export as defined in paragraph 1.6(o) of the Technical Implementation Procedures (TIP) for Airworthiness and Environmental Certification between the Federal Aviation Administration (FAA) and the European Aviation Safety Agency (EASA). As such, the articles covered by this purchase order must be accompanied by FAA Form 8130-3 as required by paragraph 5.0.1 and 5.1.10 of the TIP and section B, appendix 1, paragraph 10(k)(1)(i), (ii) and (vi) of the Maintenance Annex Guidance (MAG) between the FAA and EASA.*
Since the requirements for the PAH to issue an FAA Form 8130-3 for new components transferring from the FAA to EASA are found in the TIP and MAG, most PAHs that sell internationally are set up to accommodate this request. If the repair station notifies the PAH that the articles will be used for export to a bilateral partner, the issuance of the FAA Form 8130-3 will become a contractual requirement for the PAH.
An FAA Form 8130-3 issued as a dual maintenance release must accompany used components from EASA-approved U.S.-based 14 CFR part 145 repair stations.
No one questions the longstanding requirement that an FAA Form 8130-3 must be issued for maintenance subject to a dual release. However, what about parts recovery (i.e., used parts inspected during maintenance and stocked for installation at a later date)?
EASA recognizes Approved Maintenance Organization processes for recovering internal and attached components from top assemblies during maintenance on the top assembly. Specifically, EASA section 145.A.50(d) provides: When an organisation maintains a component for its own use, an EASA Form 1 may not be necessary depending upon the organisation’s internal release procedures defined in the exposition. (This statement is reiterated in the AMC/GM.)
We believe EASA allows its approved maintenance organizations to issue a white identification tag or similar internal identification, place the “repair detail” in inventory and install it later provided it has a procedure in its exposition. If EASA accepts these practices for its own repair stations, a U.S.-based repair station could have procedures that do not require an FAA Form 8130-3 to document an inspection of a disassembled repair detail since the subsequent approval for return to service on the top assembly will apply to all components replaced in that assembly. However, the agencies did not make this clear in Change 5 and therefore ARSA has sent an official inquiry to EASA about whether it will accept an equivalent internal part identification issued by U.S.-based repair stations.
For those that purchased the ARSA model EASA Supplement, a revision to ensure compliance with MAG Change 5 will be issued in the near future. Stay tuned to the website and the hotline for further information as it is received.
*This language was updated on Oct. 12, 2016.
September 10, 2015
The FAA and EASA have released change 5 to the Maintenance Annex Guide (MAG), effective Sept. 9. The document contains extensive changes; notably when Form 8130-3 must accompany new components that will be installed by a U.S. repair station during maintenance subject to EASA jurisdiction. Specifically, the FAA and EASA changed the word “should” to “must” on pages 99-100 where the 8130-3 requirement is placed. This was intended to emphasize the mandatory nature of when Form 8130-3 must accompany a new part received from a U.S. production approval holder.
ARSA is disappointed the agencies have yet to recognize the equivalent nature of the two regulatory systems as it relates to the manner in which airworthiness approval is evidenced for new articles. In Europe, a production organization approval (POA) holder must (and has the authority to) issue an EASA Form 1, regardless of whether the article will be used domestically or exported. In the United States, production approval holders are not required to issue Form 8130-3 (nor do they have that privilege in the absence of an FAA designation). Instead, the FAA rules provide equivalent evidence of airworthiness, either in the way of identification requirements under 14 CFR part 45 for top assemblies or (recently added documentation requirements) for sub-assemblies in part 21.
When a production approval holder (PAH) sells new approved parts to a U.S.-based repair station it is a domestic sale not an export (which requires the FAA Form 8130-3 under the Technical Implementation Procedures). Since most production certificate holders have not been delegated the authority to issue the Form 8130-3, the document is not provided for domestic shipments (nor need it be). If the repair station subsequently uses that article in maintenance for which a dual release will be issued, how is it supposed to cure the absence of Form 8130-3 from the PAH? ARSA has yet again asked that question of the agencies and will advise members when it receives a response.
On a positive note as the mandated requirement relates to used parts installed during maintenance under EASA jurisdiction, per the FAA’s letter to ARSA of Aug. 25 repair stations may issue Form 8130-3s in a parts recovery (i.e., continue in service) situation to document an inspection of articles provided they are rated to perform maintenance on the associated top assembly (i.e., aircraft, engine, accessory, etc.).
To remove this Catch-22 ARSA will now ask for similar recognition for new parts.
Bookmark this page in order to stay on top of updates regarding the U.S.-EU MAG. For additional content, see ARSA’s member newsletters (for information about receiving communications, contact ARSA).
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