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VOLUME 2  AIR OPERATOR AND AIR AGENCY CERTIFICATION AND APPLICATION PROCESS

CHAPTER 11  CERTIFICATION OF A PART 145 REPAIR STATION

Section 13  Safety Assurance System: Procedures for Collaborating with TSA During a Security Audit for Part 145 Repair Stations (Located Within and Outside the United States and its Territories) Both Under and Not Under a Maintenance Implementation Procedure

2-1388    PROGRAM TRACKING AND REPORTING SUBSYSTEM (PTRS) ACTIVITY CODES.

A.    Maintenance: 3240.

B.    Avionics: 5240.

2-1389    GENERAL.

A.    Purpose. This section provides guidance on how to notify the Transportation Security Administration (TSA) of initial certification of repair stations located within and outside the United States (U.S.) as a result of Title 49 of the Code of Federal Regulations (49 CFR) part 1554.

B.    Scope. This guidance applies to aviation safety inspectors (ASI), managers, and their delegates located in the Federal Aviation Administration’s (FAA) certificate-holding district offices (CHDO) and International Field Offices (IFO).

C.    Definitions.

1)    Manager. Someone who is in charge of a business, department, etc. Within the FAA, it would be the CHDO or IFO manager.
2)    Delegate. A person who is chosen or elected to act for others. Within the FAA, it would be a person assigned by the office manager.
3)    Regional Operations Center (ROC). TSA ROC.

2-1390    INTRODUCTION.

Indicates new/changed information.

A.    Interaction with the TSA. This section provides the procedures that CHDO and IFO managers and their delegates must follow before the TSA performs a security review of repair stations located within and outside the U.S. that operate under Title 14 of the Code of Federal Regulations (14 CFR) part 145. Additionally, it advises FAA ASIs and managers to ensure that the TSA is informed, per subparagraph 2-1395B, when an FAA part 145 certification and Air Agency Certificate has been issued.

B.    Interaction with Domestic and Foreign Personnel.

1)    Each ASI assigned to a CHDO or IFO must be aware of the sensitive nature associated with working with a foreign country.
2)    FAA personnel must conduct themselves with the highest level of professionalism while assigned outside the U.S. They must be courteous and respectful when conducting business with foreign nationals and with various officials of foreign aviation authorities (AA). They should understand that while working for the FAA, their every action represents the U.S. government. The FAA expects IFO employees to be fully aware that they are guests in a foreign country and to recognize national culture within their working environment.

2-1391    BACKGROUND.

A.    Approval of Legislation and Updates to Regulations. On December 12, 2003, Vision 100–Century of Aviation Reauthorization Act was signed into law. It was amended on August 3, 2007 by Public Law (PL) 110‑53, Implementing Recommendations of the 9/11 Commission Act of 2007. As a result, Section 1616 of PL 110-53 updated Title 49 of the United States Code (49 U.S.C.) 44924.

B.    Suspension of Certificating Foreign Repair Stations. PL 110-53 required that final regulations for repair stations be issued no later than August 2008 and required the TSA to complete audits of foreign repair stations within 6 months after publication of 49 CFR part 1554. The final regulations were not issued by the August 2008 deadline, and consequently the FAA Administrator was barred from certificating additional foreign repair stations.

C.    Resuming Certification of Foreign Repair Stations. Due to the publication of 49 CFR part 1554, the FAA may certificate new foreign repair station applicants. The FAA will notify the TSA when an FAA part 145 certification has concluded and an Air Agency Certificate is issued.

2-1392    INITIATING AND MAINTAINING COMMUNICATION. The FAA should only communicate with the TSA when an FAA part 145 certification has been completed and an Air Agency Certificate has been issued.

2-1393    CERTIFICATION. During the certification process, the CHDO and IFO manager (or delegate) coordinates with the applicant to ensure that the appropriate management personnel are available during the inspection. ASIs will follow the certification process as outlined in Volume 2, Chapter 11, Sections 15.

A.    Repair Stations Located Within the U.S. and its Territories. When managing the certification of part 145 repair stations/satellites located within the U.S. and its territories, ASIs will use Volume 2, Chapter 11, Section 2, during the preapplication phase.

B.    Repair Stations Located Outside the U.S. and Not Under Maintenance Implementation Procedures (MIP). When managing the certification of part 145 repair stations located outside the U.S. and its territories and not under a MIP, ASIs will use Volume 2, Chapter 11, Section 10, for the preapplication phase.

C.    European Union (EU)-Based Approved Maintenance Organizations (AMO). When managing the certification of a European Aviation Safety Agency (EASA) Part-145 AMO based in the EU that is applying for a 14 CFR part 145 approval, ASIs will use Volume 2, Chapter 11, Section 11, for the initial certification process.

2-1394    COORDINATION. During the certification process, the ASI will coordinate with team members and the applicant and keep the FAA Manager (or delegate) informed to ensure that the appropriate management personnel are available during the inspection in order to manage FAA resources. The FAA Manager (or delegate) will inform the applicant that the TSA has no role in the certification process. The TSA will communicate and work directly with the applicant to arrange the TSA security audit.

2-1395    COMMUNICATION.

A.    Communication During the Certification Process. The FAA must use the Certification Service Oversight Process (CSOP) process to track the certification process and inform the applicants of their status of their application. Refer to https://avssp.faa.gov/avs/afsprojects/AFS-900/CSOP/SitePages/Home.aspx.

B.    Completion of the Demonstration Phase. ASIs must follow the certification process per specific sections in this order when the applicant meets all regulatory requirements. Upon completion of the FAA’s certification phase, the FAA manager (or delegate) will inform the TSA when an FAA part 145 certification and Air Agency Certificate has been issued. The FAA may provide the TSA with the name, location, and repair station point of contact (POC). The email addresses listed below must be used to notify the TSA:

1)    For repair stations located within the U.S.: ARS@tsa.dhs.gov.
2)    For repair stations located outside of the U.S.: FRS@tsa.dhs.gov.

RESERVED. Paragraphs 2-1396 through 2-1410.