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(see IOP 3 & 4).
Sonico is an appropriately rated FAA-certificated part 145 repair station (see IOP
1) that performs maintenance on the Parker Hannifin Sensor (see IOP 2).
On May 16, Sonico requested maintenance manuals electronically from Paul
Wehr, Senior Contract Administrator, Parker Hannifin Corporation, for the Dual
Parker Hannifin Corporation
300 Marcus Boulevard
Smithtown NY 11787-9400
United States
3
Temperature Sensor (IOP 5). In a letter to letter to Thomas A. Piraino, Jr., Vice
President, General Counsel and Secretary, Parker Hannifin Corporation, on July
3, 2006,Sonico requested maintenance manuals for the Sensors on which
Sonico performs maintenance pursuant to part 43 (see IOP 6). Sonico requested
“information relating to the interface of the part with the airplane, including basic
control and operation information; servicing information, the recommended
periods at which the sensor should be cleaned, inspected, adjusted, tested, and
lubricated, and the degree of inspection, the applicable wear tolerance, and work
recommended at these periods; troubleshooting information; and details for the
application of special inspection techniques.” Pursuant to §§ 21.50(b), 25.1529
and appendix H to part 25, this information is a required aspect of the ICA for the
Parker Hannifin Sensor. To date Sonico has not received a response from
Parker Hannifin despite numerous follow-up inquiries on its original request (see
IOPs 7 & 8).
III. ANALYSIS
A. ICA Regulatory Framework
Since 1941, the federal government has required that manufacturers of civil
aviation products prepare instructions relating to the installation, operation,
servicing and maintenance of those products. The early rules specifically
required that the design approval holder make the manuals available to persons
performing maintenance under the applicable regulations.2 Additionally,
Technical Standard Orders (TSOs) have also required development and
dissemination of maintenance information. Between 1941 and 1980 (when the
current version of § 21.50(b) was adopted), the FAA and its predecessor agency
consistently required the holders of design approvals for aircraft, aircraft engines,
propellers and appliances to prepare instructions for performing maintenance.
In 1980, the FAA adopted the current version of § 21.50(b), which requires all
design approval holders to provide ICA prepared in accordance with the
airworthiness requirements applicable to the affected product. If the affected
product has a TC or supplemental type certificate (STC) for which the application
was made after January 28, 1981, a PMA holder must provide supplemental ICA,
unless the product’s ICA is still valid with the PMA part installed.
Complainant respectfully submits that Parker Hannifin, by not providing this
certificated and appropriately rated repair station with the complete ICA for the
Sensor, has violated § 21.50(b).
1. Section 21.50(b)
2 See Parts 6, 7, 13 and 14 of the Civil Air Regulations (CARs) and corresponding parts of the
recodified FAR.
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As the design approval holder for the Sensor, Title 14 CFR requires that Parker
Hannifin prepare and submit ICA as part of the PMA application process. It also
requires Parker Hannifin to distribute and maintain those ICA subsequent to
certification. Section 21.50(b) contains the current legal requirement for
establishing and distributing ICA, as follows:
[t]he holder of design approval, including either the type certificate or
supplemental type certificate for an aircraft, aircraft engine, or
propeller for which application was made after January 28, 1981,
shall furnish at least one set of complete Instructions for Continued
Airworthiness, prepared in accordance with Secs. 23.1529, 25.1529,
27.1529, 29.1529, 31.82, 33.4, or 35.4 of this chapter, or as specified
in the applicable airworthiness criteria for special classes of aircraft
defined in Sec. 21.17(b), as applicable, to the owner of each type
aircraft, aircraft engine, or propeller upon its delivery, or upon
issuance of the first standard airworthiness certificate for the affected
aircraft, whichever occurs later, and thereafter make those
instructions available to any other person required by this chapter to
comply with any of the terms of those instructions. In addition,
changes to the Instructions for Continued Airworthiness shall be
made available to any person required by this chapter to comply with
any of those instructions.
This is the primary regulation that requires Parker Hannifin, as a PMA design
approval holder, to prepare ICA for its Sensor, and make them available to any
　
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