VOLUME 20  CONTINUOUS AIRWORTHINESS MAINTENANCE PROGRAM

CHAPTER 8  CONTRACT MAINTENANCE

Section 4  Contract Maintenance—Part 91K

Source Basis:

20-8-4-1    REPORTING SYSTEM(S). Use Safety Assurance System (SAS) Activity Recording (AR) and use activity codes 3330 or 5330, as appropriate.

20-8-4-3    OBJECTIVE. Title 14 of the Code of Federal Regulations (14 CFR) part 91, § 91.1437 provides authority for the Continuous Airworthiness Maintenance Program (CAMP) operator to arrange with other persons (maintenance providers) to perform maintenance on its behalf. However, that maintenance must be performed in accordance with the manual and work instructions. The objective for the aviation safety inspector (ASI) is to ensure that maintenance, preventive maintenance, and alterations performed by a contract maintenance provider (CMP) on behalf of a CAMP operator is performed in accordance with the manual and work instructions.

NOTE:  Title 14 CFR part 121, § 121.368(a)(1) and 14 CFR part 135, § 135.426(a)(1) define “maintenance provider” as “…any person who performs maintenance, preventive maintenance, or an alteration for a certificate holder other than a person who is trained by and employed directly by that certificate holder.” While this regulatory language is not applicable to part 91 subpart K (part 91K) CAMP operators, the term “maintenance provider” is used throughout this section when referring to contract maintenance. ASIs should encourage part 91K CAMP operators, as a best practice, to adopt this term and its part 121/ 135 regulatory definition. Also throughout this section, when we say “CAMP operator,” we are referring to the part 91K program manager.

NOTE:  The term “manual” within this section is in reference to the document(s) identified and listed within a D072 specification. These documents, in their entirety, which include guidance and information incorporated by reference, constitute the maintenance part of the manual, as required by §§ 91.1023, 121.133, and 135.21.

20-8-4-5    GENERAL.

A.    Airworthiness Responsibility. CAMP operators must maintain airworthiness responsibility for the aircraft maintained under their D072 CAMP specification, regardless of who performs the work. This is accomplished through the provision and use of a well-documented and comprehensive manual. The content of this manual, while it may be derived from other sources, is the responsibility of the CAMP operator. Section 91.1413(a) makes it clear that the CAMP operator remains primarily responsible for all of the maintenance performed by other persons on its aircraft. See Volume 20, Chapter 1, Section 1 for more information regarding responsibility for airworthiness.

B.    Maintenance Organization. When the CAMP operator uses another person to accomplish all or part of the maintenance activities on its aircraft or its component parts, that person becomes an extension of the CAMP operator’s maintenance organization and must be under the CAMP operator’s control. The CAMP operator should document the nature of the arrangement between the CAMP operator and the maintenance provider, and should demonstrate that the CAMP operator retains the responsibility and the authority to decide what to do, when to do it, and how to do it. Refer to § 91.1413(b)(3).

C.    Qualifications. Regulations require that each person with whom a CAMP operator arranges for the performance of maintenance, preventive maintenance, and alterations must:

1)    Have an organization adequate to perform the work. Refer to § 91.1423.

2)    Have competent personnel and adequate facilities and equipment for the proper performance of maintenance, preventive maintenance, and alterations. Refer to § 91.1425(b).

3)    Perform maintenance in accordance with the manual. Refer to § 91.1425(a).

4)    Provide a current listing of individuals trained, qualified, and authorized by the CAMP operator to conduct required inspections. The list must identify these individuals by name, occupational title, and the inspections they are authorized to perform. Refer to § 91.1429(d).

5)    Have a training process to ensure that each person (including inspection personnel) who determines the adequacy of work done is fully informed about procedures, techniques, and new equipment in use, and is competent to perform his or her duties. This applies to any person employed by any company that performs maintenance for a CAMP operator. The CAMP operator should detail in its manual how it will comply with this regulation for all contract maintenance personnel. The CAMP operator may evaluate and accept the training programs of the maintenance provider if it has determined that the maintenance provider’s program is at least, equivalent to its own. Refer to § 91.1433.

D.    Subcontracted Maintenance. The CAMP operator must ensure that the policies, procedures, methods, and instructions for the performance of maintenance that are contracted with the maintenance provider and which the maintenance provider has contracted to any other outside source are specified, and that the CAMP operator retains responsibility for the performance of the work performed. If the maintenance provider cannot comply with the CAMP operator’s methods and instructions, the CAMP operator must be contacted for resolution. CAMP operators that rely solely on the repair stations to oversee the subcontracted work without involvement are doing so contrary to the regulations.

E.    Manual Requirements. Section 91.1427, in part, requires that the CAMP operator put within its manual “…a list of persons with whom it has arranged for the performance of any of its required inspections, and other maintenance, preventive maintenance, or alterations, including a general description of that work.” For consistency, the general description of work performed should be categorized as the following:

1)    Aircraft Maintenance.

a)    Heavy Maintenance. An example of heavy maintenance could be the inspection and repair of the aircraft airframe performed at specified time intervals.

b)    Line Maintenance. Line maintenance includes light, regular checks to ensure that the aircraft is safe for flight. Line maintenance also includes troubleshooting, defect rectification, and component replacement.

2)    Aircraft Engines.

3)    Propeller Work.

4)    Components.

5)    Specialized Service. This includes services such as x ray, plating, eddy current, painting, shot peening, plasma spray, composite structures maintenance, weighing, welding, etc.

F.    Maintenance Program. The CAMP operator must determine that the maintenance provider has the capability to do work on its behalf, manage its work, and determine that it does the work satisfactorily according to the manual and standards. In other words, the maintenance provider must have competent personnel and adequate facilities and equipment. Because the maintenance provider must perform all work on the CAMP operator’s aircraft in accordance with the manual, the CAMP operator must provide the CMP with appropriate material from its manual for that work. This may include specific work instructions for the maintenance provider, and when used, these work instructions are considered to be part of the CAMP. Refer to § 91.1425.

G.    Certificate Requirements. Within the United States, maintenance providers that perform required inspections, and those who are directly in charge, must hold an appropriate airman certificate (Airframe/Powerplant/Repairman).

NOTE:  “Directly in charge” means having responsibility for the work being performed. A person that is directly in charge does not need to physically observe and direct each maintenance activity; however, this person must be available for consultation on matters requiring instruction or decisions that affect airworthiness. Refer to § 91.1435.

H.    Required Inspection Items (RII) Personnel. CAMP operators may not use any person to perform RII inspections unless that person is appropriately certificated, properly trained, qualified, and authorized to do so. Refer to § 91.1429 and Volume 20, Chapter 6 for more information.

I.    Airworthiness Release. The CAMP operator may not operate any aircraft after maintenance, preventive maintenance, or alterations have been performed unless an airworthiness release or log entry has been prepared by the CAMP operator or maintenance provider, and signed by an authorized certificated mechanic. Refer to § 91.1443 and Volume 20, Chapter 1, Section 1 for more information regarding airworthiness release requirements.

J.    Maintenance Provider Oversight. The CAMP operator must ensure that its maintenance provider(s) follow the procedures in the manual. This is accomplished through a system for the continuing analysis and surveillance of the performance and effectiveness of its inspection program and the program covering other maintenance, preventive maintenance, and alterations.

1)    The manual should address work performed for it by each maintenance provider. Additionally, the policy and procedures portion of the manual should assign clear authority and responsibilities and outline procedures for its personnel to administer, control, and direct all contract maintenance.

2)    The CAMP operator should use its risk-based process for establishing a schedule for auditing and inspecting each of its maintenance providers. Consistent with the “performance” wording in § 91.1431, the audits that the certificate holder (CH) accomplishes should be primarily work-in-progress audits to determine if maintenance providers are following the manual and work instructions. Trained auditors should accomplish these audits, and trained analysts should analyze the results.

3)    Refer to § 91.1431 and Volume 20, Chapter 10 for additional information related to the Continuing Analysis and Surveillance System (CASS).

K.    Unscheduled Maintenance. Unscheduled maintenance may occur at any time. A CAMP operator that elects to obtain the services of a maintenance provider either on an unscheduled or short notice basis should include specific procedures for doing so within its manual.

20-8-4-7    SURVEILLANCE. The Federal Aviation Administration (FAA) provides safety oversight of the CAMP operator, including all other persons used by the CAMP operator to perform, or arrange for the performance of maintenance. There should be no difference in the FAA oversight of the CAMP operator, a certificated maintenance provider, or a noncertificated entity.

A.    Coordination. It is important to ensure adequate coordination between all applicable principal inspectors (PI) has taken place. For example, when performing surveillance of a certificated repair station (CRS), ASIs must notify the PIs for that repair station in advance of the inspection, and discuss any questions or current issues that may pertain to the maintenance provider.

B.    Airworthiness Agreement. If used, review the airworthiness agreement between the CAMP operator and the maintenance provider. While not required by regulations, an airworthiness agreement defines the nature of the arrangement between the CAMP operator and its maintenance provider(s), and helps to ensure maintenance is performed in accordance with the manual and work instructions. ASIs should encourage CAMP operators, as a best practice, to develop and use airworthiness agreements with each of its maintenance providers. Refer to Advisory Circular (AC) 120-106, Scope and Recommended Content for an Airworthiness Agreement Between an Air Carrier and a Maintenance Provider, for more information on airworthiness agreements.

C.    International Travel. If traveling outside the United States, process travel plans in accordance with national and local policy. Information on international travel guidelines for FAA employees can be found at https://my.faa.gov/org/staffoffices/apl/guidelines.html. Additional information on the FAA travel policy may be found at https://my.faa.gov/tools_resources/travel.html. The U.S. Department of State (DOS) should be contacted in the early planning stages of the trip. The website is https://travel.state.gov/content/travel.html. The ASI should review any travel advisories for the country to which they are traveling. The ASI must address restrictions and must obtain a visa before departure. The FAA recommends a minimum of 30 business-days.

NOTE:  Travel to foreign countries requires a security briefing per the guidance found in FAA Order 1600.61, International Travel Security Program.

D.    Foreign Inspections. Information relating to inspecting a CH’s maintenance provider located in a foreign country can be found in Volume 12, Chapter 7, Sections 1 through 4 and Volume 12, Chapter 5, Section 1.

20-8-4-9    REFERENCES, FORMS, AND JOB AIDS.

A.    References (current editions):

•    AC 120-106, Scope and Recommended Content for an Airworthiness Agreement Between an Air Carrier and a Maintenance Provider.

•    Volume 1, Chapter 3, Section 1, Safety Assurance System: Responsibilities of Aviation Safety Inspectors.

•    Volume 10, Safety Assurance System Policies and Procedures.

•    Volume 14, Chapter 1, Section 2, Flight Standards Service Compliance Action Decision Procedure.

B.    Forms. None.

C.    Job Aids. None.

20-8-4-11    TASK OUTCOMES.

A.    Conduct Debriefing. Brief the CH on the results. Discuss all deficiencies, CH corrective actions, and FAA actions. The ASI can find instructions for conducting briefings in Volume 1, Chapter 3, Section 1.

B.    Compliance and Enforcement Action. If safety issues and/or regulatory noncompliance are identified, follow the process contained in Volume 14, Chapter 1, Section 2 to determine the appropriate FAA compliance or enforcement action.

C.    Complete the Task. Follow Volume 10 guidance for completion of SAS AR or Data Collection Tools (DCT).

20-8-4-13    FUTURE ACTIVITIES. Follow Volume 10 guidance to plan future risk-based surveillance in SAS.

20-8-4-15 through 20-8-4-29 RESERVED.