Project MS 13/29 - Amendment to Part 42 MOS in relation to acceptable authorised release certificate for new aeronautical products manufactured under the approval of a foreign country
Project closed 23 June 2014.
Project objectives achieved with the notification of rule making - Part 42 MoS Amendment Instrument 2014 (No.1) on the 17th of June 2014. This instrument amends the Part 42 Manual of Standards in relation to maintenance carried out outside Australian territory, and authorised release certificates issued in a foreign country for new or used aeronautical products for Australian aircraft.
A document called authorised release certificate (ARC) is normally issued by the manufacturer of a part (other than a standard part) that is intended to be used in an aircraft or aeronautical product. This project does not deal with new parts that are standard parts as they do not require an ARC. Any mention of 'part' in this document should be considered to be a part that is not a standard part.
The purpose of the ARC for a part is to certify that the part:
- conforms to the applicable design specification for the part; and
- has been manufactured under an approval issued under the law of the country that is responsible for the oversight of the manufacture of the part (state of manufacture).
The ARC is also used to verify authenticity of the part and to establish the traceability of the part to the manufacturer. The issue of an ARC, including the form and content of the document, is governed by the law of the state of manufacture.
Under paragraph 42.420 (5) (a) of CASR, an ARC is needed before a new part may be fitted to an aircraft or another aeronautical product. The definition of ARC in the CASR Dictionary provides CASA the ability to specify in the Part 42 MOS the particular document that is acceptable as an ARC for a new part that has been manufactured under the law of a foreign country. Such a part may only be fitted to an aircraft or another aeronautical product if the country and the relevant ARC document are specified in the MOS. Chapter 12 of the MOS provides a list of the foreign countries and the relevant documents.
The policy of accepting new parts from selected foreign countries was adopted on the basis that most of the aircraft on the Australian civil aircraft registry are type certificated under the law of one of these countries and on the assumption that each country is also the state of manufacture for the parts that are used in the aircraft certified by the country. However, this policy of acceptance of parts does not take into account a number of situations which prohibit the use of properly manufactured parts from countries that are not listed in the MOS. For example:
- The country responsible for type certificating an aircraft or approving the design of an aircraft or aeronautical product (state of design) may accept parts for which another country is the state of manufacture. These parts may be used in the aircraft and the aeronautical products under a bilateral agreement between the countries. For example, parts manufactured under an Israeli Parts Manufacture Approval in relation to a FAA Supplemental Type Certificate are acceptable for use in US type certificated aircraft under a bilateral agreement between USA and Israel. However, the part is not usable on an aircraft to which Part 42 of CASR applies, as an ARC from Israel is not listed in the MOS. A similar situation exists with parts manufactured in Japan for Boeing and Airbus aircraft under a Japanese manufacturing approval.
- Some aircraft, type certificated by certain foreign countries have been issued with an Australian type certificate because design standards of these countries are not readily acceptable under our legislation. The parts for these aircraft are mostly manufactured under the approval of the state of design. For example, Kawasaki BK 117 aircraft, for which Japan is the state of design, is accepted in Australia under an Australian type certificate. However, any part for this aircraft that is manufactured under a Japanese approval cannot be used in the aircraft under Part 42 of CASR as Japan and its ARC is not listed in the MOS.
- The FAA may issue a letter of design approval (LODA) to a manufacturer outside the jurisdiction of the USA to manufacture parts in accordance with a FAA technical specification order (TSO). These parts may be used in aircraft and aeronautical products for which the USA is the state of design. Many aircraft on the Australian register may have parts that have been manufactured under a LODA. However, if the state of manufacture and the relevant ARC is not listed in the MOS, the part is not usable in an aircraft to which Part 42 applies.
Under paragraph 42.420 (2) (b) of CASR, a part may only be fitted to an aircraft or on an aeronautical product during maintenance if the part is specified in the approved design for the aircraft or aeronautical product.
The state of design for an aircraft and aeronautical product is responsible for approving the design and manufacture of parts that are used in the aircraft and aeronautical products. In some cases, the state of design for an aircraft and aeronautical product may allow the parts to be manufactured under the approval of another country if the standard of manufacture is acceptable to the state of design under an arrangement in place between the countries. The same principles apply to parts to be used in an aircraft or aeronautical product through modification approvals. The country responsible for approving a modification must approve the design and manufacture of the parts to be used in the modification. Subpart 21.N of CASR sets out the acceptable source of imported parts for use on aircraft and aeronautical products for which Australia is the state of design. Similar requirements exists internationally for aircraft and aeronautical products designed and manufactured under the approval of foreign countries.
The state of design for an aircraft and aeronautical product ultimately decides from where a part is sourced, through the approved design of the aircraft and aeronautical product. Any part included in the design of an aircraft or aeronautical product may only be manufactured by a manufacturer who is either approved by or is acceptable to the state of design as a proper and qualified manufacturer.
So, when deciding whether a particular part is eligible to be fitted to a particular aircraft or an aeronautical product, the person fitting the part needs to make sure that the part is the correct part as specified in the approved design for the aircraft or aeronautical product to which the part is being fitted. This can be confirmed by referring to the unique part number of the part specified in the parts catalogue. The part should also come with a document issued under the law of the state of manufacture that certifies the part has been manufactured in conformity with the approved design. This document is the ARC for the part.
The objective of the project is to amend Part 42 MOS, based on the following rationale, to address the issues mentioned above.
Regulation 42.020 gives CASA the power to issue a MOS for CASR Part 42 in relation to matter affecting maintenance or airworthiness of aircraft. Subregulation 42.020 (2) lists the matters that the MOS may specify. Paragraph 42.020 (2) (a) states that, for the purpose of the definition ARC in CASR Dictionary, the MOS may specify that the particular kind of document issued under the law of a particular foreign country is an ARC for a part.
Chapter 12 of the MOS provides a list of the foreign countries and the relevant documents. The Chapter currently covers both:
- new parts that have been manufactured under the law of a foreign country;
- used parts on which maintenance has been carried out under the law of a foreign country.
CASA proposes to amend Chapter 12 to separately state the requirements for new and used parts.
For new parts, the MOS will no longer include a list of foreign countries and the relevant documents that are acceptable ARCs. Instead it will allow acceptance of a document as an ARC for a new part if the document:
- has been issued under the law of the country that permitted the manufacture of the part; and
- certifies that the part has been manufactured in conformity to the approved design data for the part.
For used parts on which maintenance has been carried out under the law of foreign countries, the MOS will continue to include a list of countries from where ARCs will be acceptable. This list will include countries that are permitted to carry out maintenance on parts for aircraft to which Part 42 applies. However, the list will no longer include the specific form number of the ARC document from each country, mainly to ensure that ARCs remain acceptable even if the form number is changed. The MOS will allow acceptance of a document as an ARC for a part on which maintenance has been carried out if the document:
- has been issued under the law of the foreign country that has permitted carrying out of the maintenance on the part; and
- certifies that the maintenance has been carried out in accordance with the law of the foreign country.
As a consequence to the change proposed above, CASA would also like to remove Brazil from the list of countries included in Chapter 7 and 12 of Part 42 MOS as Brazil was originally included to allow operators and maintainers to source new parts for aircraft manufactured in Brazil. New parts manufactured under Brazilian approval will continue to be accepted under the revised provision of the MOS.
MOS Part 42
This project was approved by: Peter Boyd on 25 November 2011.
Standards Consultative Committee (SCC)
|Consultation updates in 2014|
|Project MS 13/29 - Amendment to Part 42 MOS in relation to acceptable authorised release certificate for new aeronautical products manufactured under the approval of a foreign country||
This project is now closed
|11 Jul 2014|
Consultation Draft 1406MS - Proposed amendments to the Part 42 MOS
|All comments should be submitted via the Project Leader, Iftekhar Ahmed by close of business 14 April 2014.||17 Mar 2014|
|Consultation updates in 2013|
|Project MS 13/29 - Amendment to Part 42 MOS in relation to acceptable authorised release certificate for new aeronautical products manufactured under the approval of a foreign country||Project approved.||2 Dec 2013|