Draft CAR Section 2 Series E Part XI - Acceptance of Foreign Approved Maintenance Organisation (FAMO)

GOVERNMENT OF INDIA OFFICE OF THE DIRECTOR GENERAL OF CIVIL AVIATION TECHNICAL CENTRE, OPP SAFDURJUNG AIRPORT, New Delhi CIVIL AVIATION REQUIREMENT SECTION 2 - AIRWORTHINESS SERIES ‘E’ PART XI _______, 2017 EFFECTIVE : FORTHWITH F. No. 11-690/2E11-AI(2) Subject: ACCEPTANCE OF FOREIGN APPROVED MAINTENANCE ORGANISATION (FAMO) 1. Introduction 1.1 Airlines nowadays enter into contractual arrangements for maintenance services outside India. ICAO Standards require the State of Registry to approve maintenance organisations (AMO). Consequently, AMOs performing maintenance on an international basis face a multiplicity of requirements and are required to maintain multiple procedures manuals, quality assurance systems and personnel requirements, and undergo multiple inspections from the various States whose operators use its services. This practice is not only considered inefficient but may have a significant burden (including financial) to an AMO and also does not provide for a stable platform for standardization of maintenance practices. 1.2 The above practice not only places significant burden on the AMOs in terms of maintaining multiple certificates/ approvals but also places burden on the foreign State authorities whose approvals they are required to hold as the State may not have enough resources to carry out its safety oversight responsibility without a demonstrable improvement in safety. It is also recognised that the State having the direct responsibility for the approval of the AMOs is in a better position for oversight. 1.3 Rule 133BA of the Aircraft Rules, 1937 provides for acceptance of Foreign Approved Maintenance Organisation (FAMO) in compliance with requirements specified by the Director General. 1CIVIL AVIATION REQUIREMENTS SECTION 2 – AIRWOTHINESS SERIES E PART XI ---------- 2017 1.4 This CAR lays down the requirements for the acceptance of FAMO and is issued under the provisions of Rule 133A of the Aircraft Rules, 1937. 2. Applicability 2.1 This CAR is applicable to FAMO holding FAA Part 145 repair station approval and/or EASA Part 145 approval for acceptance as foreign AMO for maintaining Indian registered aircraft or component (Engine and APU) for installation on Indian registered aircraft except as required in CAR M (M.A. 501) 3. Conditions for acceptance of maintenance performed by Foreign Approved Maintenance Organisations 3.1 The foreign approved maintenance organisation must hold a valid certificate of approval as a FAA Part 145 repair station and/or an EASA Part 145 and a valid Certificate of Acceptance issued by DGCA for performing work on maintaining Indian registered aircraft. The Certificate of Acceptance issued by DGCA shall be limited to the scope covered under approvals held by the FAMO under FAA/ EASA and the authorisation that the DGCA may grant on the relevant DGCA Supplement in addition to the FAMO’s limitation and subject to the contracted/ intended to be contracted scope of work by an Indian owner or DGCA CAR M or CAR 145 organisation. 3.2 For engine or APU, the airworthiness release certificate acceptable to DGCA are: 3.2.1 EASA Form 1 issued by the EASA Part 145 maintenance organisation accepted by the DGCA. An EASA Form 1 must not be used for aircraft maintenance release. 3.2.2 FAA Form 8130-3 issued by the FAA Part 145 Repair Station accepted by the DGCA. A FAA Form 8130-3 must not be used for aircraft maintenance release. 3.3 For the release/ return to service of Indian registered aircraft, the Certificate of Acceptance must be quoted in the release to service statement (DGCA Form 1). 3.4 The FAMO should have an effective working independent quality monitoring (audit) system to ensure that it remains in compliance with the standard to which its held Approval (FAA FAR Part 145; or EASA Part 145, as applicable) was issued and with the conditions specified in paragraph 3. 3.5 The FAMO must have a “DGCA Supplement” to their applicable FAA Repair Station Manual; or EASA Part 145 Maintenance Organisation Exposition (MOE), as appropriate, to address the additional conditions required by this CAR. The following items shall be addressed in the MOE Supplement: a. List of Effective Pages 2CIVIL AVIATION REQUIREMENTS SECTION 2 – AIRWOTHINESS SERIES E PART XI ---------- 2017 b. Amendment Procedures c. Introduction d. Responsible person commitment e. Approval and limitations f. Access by the DGCA g. Work orders/ contracts h. Airworthiness Directives i. Major repair and modifications j. Authorised Release Certificate k. Certificate of Release to Service l. Reporting of unairworthy conditions m. Aircraft Technical Records n. Conditions to the confirmation of acceptance Note: An example of a DGCA Supplement is included as Appendix I to this CAR. 3.6 The FAMO accepts that DGCA may access the Maintenance Organisation’s facilities during its normal working hours to verify compliance. 3.7 The Competent Authority (i.e. FAA or EASA) who has issued the approval recognised by DGCA, may be requested by DGCA to make recommendations in respect of the FAMO’s application, and may visit the facility before making such recommendation. In absence of a positive recommendation from the Competent Authority concerned, if requested, may result to the non- acceptance by the DGCA of the FAMO applicant. 4. Authorisation for additional line stations and type rating capability 4.1 Authorisation to extend the exercise of privileges outside the approved line stations of a FAMO that complies with paragraph 3 holding either FAA FAR Part 145 Certificate or EASA Part 145 approval may be granted by the DGCA provided that the FAMO is able to demonstrate to the DGCA its capability to provide maintenance to Indian registered aircraft at the particular line station in accordance with the applicable requirements under CAR 145. Documentary evidence of the following shall be submitted to DGCA to obtain the authorisation: a. Completed and signed DGCA Form- FM1 indicating the proposed line station(s); b. Letter of Intent from the Indian Owner/ Operator; c. Proposed amendment to the DGCA Supplement, for approval, indicating the particular line station where the authorisation will be exercised and the type of aircraft that is intended to be provided with line maintenance support services; d. List of qualified CRS signatories including but not limited to copy of the respective Company Authorisation, Basic License, Type training certificates and Operator’s maintenance procedures training completion; e. List of relevant equipment and tools required to perform the line maintenance services; f. Availability of Owner/ Operator’s line maintenance procedures manual; 3CIVIL AVIATION REQUIREMENTS SECTION 2 – AIRWOTHINESS SERIES E PART XI ---------- 2017 g. Line station facility description including a layout of the line station office; h. Operator’s relevant SMI checklist, manuals and continuing airworthiness publication (i.e. AMM, SRM etc.); and i. Any other requirement that the DGCA may prescribe. 4.2 Authorisation for additional type rating outside the approved scope of work of a FAMO that complies with paragraph 3 holding either FAA FAR Part 145 Certificate or EASA Part 145 Approval may be granted by the DGCA, provided that, it is able to demonstrate to the DGCA its compliance with the applicable requirements under CAR 145. Documentary evidences of the following shall be submitted to the DGCA to obtain the authorisation: a. Completed and signed DGCA Form FM 1, indicating the type(s) of aircraft being applied for authorisation; b. Letter of Intent from the Indian Owner/ Operator; c. Proposed amendment to the DGCA Supplement, for approval, indicating the relevant type of aircraft; d. List of qualified CRS signatories including but not limited to copy of the respective Company Authorisation, Basic License and Aircraft Certificate of Type training Course completion; e. List of relevant equipment, tools and materials required to perform the line maintenance services; f. Availability of Owner/ Operator’s line maintenance procedures manual; g. Line station facility description including a layout of the line station office; h. Operator’s relevant SMI checklist, manuals and continuing airworthiness publication (i.e. AMM, SRM etc.); and i. Any other requirement that the DGCA may prescribe. 5. Procedure for initial issue of DGCA Acceptance 5.1 The FAMO must show that there is a need for DGCA Acceptance by means of documentary evidence indicating that a relevant Indian customer has placed one or more work orders or intends to place such work orders on the FAMO. Documentary evidence may be in the form of a letter of intent, a work order or a contract. Relevant customer may be one of the following:  A Indian aircraft owner/ operator  Any CAR M and CAR 145 approved organisation  A FAMO accepted by the DGCA in accordance with Rule 133BA 5.2 The FAMO should complete a DGCA Form FM 1. 5.3 The FAMO should prepare the DGCA Supplement based upon the example as described in Appendix I of this CAR. 5.4 The completed DGCA Form FM 1 along with following documents: 4CIVIL AVIATION REQUIREMENTS SECTION 2 – AIRWOTHINESS SERIES E PART XI ---------- 2017 a) The proposed DGCA Supplement; b) The evidence of need (as per paragraph 5.1); c) Requisite fees; d) In the case of a FAA FAR Part 145 repair station, a copy of the Air Agency Certificate and associated Operations Specification together with controlled copy of the RSM; e) In the case of an EASA Part 145 maintenance organisation, copy of Certificate of Approval and associated Approval Schedule together with controlled copy of the MOE. should be sent to – O/o Director General of Civil Aviation, Opposite Safdarjung Airport, New Delhi, India – 110 003 (Attn. Director of Airworthiness) 5.5 On receipt of the requirements of paragraph 5,4 and when satisfied with both the DGCA Supplement and the evidence of need, subject to payment of fee, the DGCA will issue a Certificate of Acceptance under Rule 133BA, the validity of which the DGCA will determine, but not exceeding two years from the date of issue. 5.6 The continuation of the validity of the Certificate of Acceptance is subject to completion of an audit by the DGCA which will be undertaken anytime within the validity period of the certificate. The audit will be carried out to validate compliance of the holder with the requirements of CAR. The holder will bear the cost of the requisite audit. Completion of such audit may result in continuation, suspension or renewal of the certificate of acceptance, depending upon the recommendation of the DGCA auditor(s). 6. Procedure for renewal of DGCA Acceptance 6.1 The FAMO should show that there is a need for DGCA acceptance by either complying with para 5.1 or submitting the evidence of having carried out maintenance for a para 5.1 relevant customer. 6.2 The FAMO should complete and sign DGCA Form FM 1 and submit it to the DGCA. 6.3 The FAMO should check that the DGCA Supplement conforms to the requirements of this CAR. Any changes that may require amendment of the Supplement shall be approved by the DGCA. 6.4 The completed DGCA Form FM 1, the evidence of need along with any amendment to the DGCA Supplement, if required, and a copy of a valid Air Agency Certificate and associated Operations Specifications or Certificate of 5CIVIL AVIATION REQUIREMENTS SECTION 2 – AIRWOTHINESS SERIES E PART XI ---------- 2017 Approval and associated Approval Schedule held shall be sent to the DGCA, at least 30 days prior to the expiration date of the currently held DGCA Certificate of Acceptance. This will ensure continuity of the acceptance unless significant changes have taken place since the last issue or renewal of the DGCA Certificate of Acceptance. 6.5 On the receipt of the requirements of paragraph 6.4 and payment of fees, the Certificate of Acceptance will normally be renewed valid for two years, unless limited to a specific period by the DGCA. 6.6 Any application filed to renew the Certificate of Acceptance after its expiration date shall be treated as initial application, hence, the forfeiture of any previous payment made related to the expired certificate. 6.7 The FAMO holder of a renewed Certificate of Acceptance will be audited at least once by the DGCA during the validity period of the renewed certificate. Non-completion of the required audit by the DGCA would result to non-renewal or suspension of the acceptance. 7. Procedure for Name change, Address change, FAMO # change, etc. of the DGCA Acceptance 7.1 Proceed as per paragraph 5 initial acceptance except where stated otherwise in paragraphs 7.2, 7.3 and 7.4. 7.2 Any amendment to the DGCA Supplement must be submitted to the DGCA. 7.3 No fee is required for the amendment of an existing DGCA Acceptance. 7.4 Amendments issued to Certificate of Acceptance will not change the expiry date of the current certificate except in the case where a concurrent renewal application has been made together with the renewal fee. 8. DGCA Contact Address 8.1 Any correspondence required to be sent to the DGCA should be addressed to: O/o Director General of Civil Aviation, Opposite Safdarjung Airport, New Delhi, India – 110 003 (Attn. Director of Airworthiness) 9. Revocation of Certificate of Acceptance and Appeal Procedure 9.1 If the DGCA determines that there is a safety failure or significant failure to comply with the conditions to the certificate, the DGCA may revocate the Certificate of Acceptance either in complete or partially. 6CIVIL AVIATION REQUIREMENTS SECTION 2 – AIRWOTHINESS SERIES E PART XI ---------- 2017 9.2 In case of revocation of the FAMO Certificate/ Approval by the FAA/ EAS (as appropriate), the DGCA Certificate of Acceptance shall stand automatically invalid. 9.3 FAMO may appeal to the DGCA, within 30 days from the receipt of the letter of revocation, subject to submission of evidence in support of the appeal. The Certificate of Acceptance shall remain in temporary suspension pending the outcome of any appeal and should a special DGCA audit of such a FAMO be necessary, the cost of the audit shall be borne by the FAMO. 9.4 There shall be no right of appeal to DGCA when the relevant Competent Authority revokes or limits any approval/ certificate it issued to the FAMO holding DGCA Certificate of Acceptance. ( ) Director General of Civil Aviation 7CIVIL AVIATION REQUIREMENTS SECTION 2 – AIRWOTHINESS SERIES E PART XI ---------- 2017 Appendix I Example of a DGCA Supplement DGCA Supplement COVER PAGE Foreign Aircraft Maintenance Organisation Name and Facility Address _______________________________________________ _______________________________________________ _______________________________________________ Organisation’s *EASA/FAA Approval No.: _________________________________ DGCA Certificate of Acceptance No.: ____________________________________ This Supplement does not form part of the *EASA/FAA approved *Maintenance Organisation Exposition (MOE); Repair Station Manual (RSM). This Supplement together with the established *MOE/RSM form the basis of the acceptance by Director General of Civil Aviation, India (DGCA, India) of (state the FAMO name) as approved maintenance source for India controlled aircraft/aircraft component (Engine/ APU). Maintenance carried out in accordance with the above established *MOE/RSM and this Supplement is accepted as being in compliance with Rule 133BA of the Aircraft Rules, 1937. Notes: 1. This example DGCA Supplement gives guidance on the subjects which need to be addressed and translated into working procedures to ensure compliance with CAR Section 2 Series E Part XI, as amended. The Supplement must be customized to satisfy FAMO procedures. 2. (*) delete as appropriate 8CIVIL AVIATION REQUIREMENTS SECTION 2 – AIRWOTHINESS SERIES E PART XI ---------- 2017 TABLE OF CONTENTS Section Title 1. List of effective pages 2. Amendment procedures 3. Introduction 4. Responsible person commitment 5. Acceptance and limitations 6. Access by the DGCA 7. Work orders/contracts 8. Airworthiness Directives 9. Major repairs and modifications 10. Authorised Release Certificate 11. Certificate of Release to Service 12. Reporting of unairworthy conditions 13. Aircraft Technical Records 14. Confirmation to the conditions of acceptance 1. List of effective pages Self explanatory 2. Amendment procedures This Section should identify who is responsible for amendment action within the accepted FAMO and that amendments to the Supplement must be submitted to DGCA for approval. It should be indicated under this Section that failure to ensure that the FAMO *MOE/RSM and this DGCA Supplement are kept up to date in respect of regulatory changes, the DGCA acceptance may be invalidated. 3. Introduction This Section should address why this Supplement is established. Rule 133B of the Aircraft Rules, 1937 requires that the performance and the certification of maintenance of India controlled aircraft/aircraft components shall be carried out by an Aircraft Maintenance Organisation approved by DGCA. Further, Rule 133BA requested that maintenance can be carried out by a foreign aircraft maintenance organization accepted by DGCA. The DGCA prescribes additional requirements in CAR Section 2 Series E Part XI, as amended, for foreign aircraft maintenance organization who seek acceptance as approved maintenance source based on recognized equivalent standards. 4. Responsible person commitment This Section should indicate the commitment by the responsible person that the foreign aircraft maintenance organization will comply with the standard and procedures established in the relevant *MOE/RSM and the descriptions provided in the DGCA Supplement when performing maintenance on India controlled aircraft/aircraft components. The responsible person is normally the organisation’s Accountable Manager, however, that person may hold another 9CIVIL AVIATION REQUIREMENTS SECTION 2 – AIRWOTHINESS SERIES E PART XI ---------- 2017 responsible position within the organization, as long as he/she has full financial authority. An appropriate statement may be as follows: “This Supplement defines the organization and established measures to meet the conditions prescribed under Rule 133BA of the Aircraft Rules, 1937 and to comply with the requirements of CAR Section 2 Series E Part XI, as amended, for the purpose of the continuous validity of the Certificate of Acceptance held by the organization. This Supplement together with the *EASA IR Part-145/FAA FAR Part 145* Approval No. _______________ held by the organization forms the basis of the acceptance by the DGCA of the organization as approved maintenance source for India controlled aircraft/aircraft components. The measures contained in this Supplement and ensuring procedures are approved by the undersigned and shall be adhered to when maintenance is performed on India controlled aircraft/aircraft components. It is recognized that ensuring procedures that are established for the performance and accomplishment of the measures contained in this Supplement do not override the necessity to comply with any additional requirements that the DGCA may prescribe from time to time. It is understood that the DGCA will accept this organization as an approved source of maintenance for India controlled aircraft/aircraft components as long as the DGCA is satisfied that the measures established in this Supplement and ensuring procedures are followed and recognized work standards are maintained. It is also understood that the DGCA reserves the right to cancel the acceptance for any breach to the conditions of the certificate and non- compliance with the measures established in this Supplement.” The statement must be signed by the responsible person on behalf of the foreign aircraft maintenance organization. When the responsible person is replaced, the new responsible person must sign the statement to maintain the validity of the approval granted to the DGCA Supplement. 5. DGCA Acceptance and Limitations This Section should address the basis upon which the organization is accepted by the DGCA as approved maintenance source for India controlled aircraft/aircraft components. It has to be recognized that the DGCA acceptance is based upon full compliance with the standards of *EASA IR Part-145/ FAA FAR Part 145, the established measures in DGCA Supplement , and relevant ensuring procedures. The DGCA acceptance is limited to the scope of work approved to the organization under its held *EASA IR Part-145/FAA FAR Part 145 Approval, the maintenance contract or agreement made with Indian Owner/Operator or CAR Part M or Part-145 organisation, and the authorization that the DGCA may grant under the section. 10CIVIL AVIATION REQUIREMENTS SECTION 2 – AIRWOTHINESS SERIES E PART XI ---------- 2017 The DGCA acceptance is valid only within the geographical locations of operation where the holder is approved under its held *EASA IR Part-145/FAA FAR Part 145 Approval, unless otherwise so authorized by the DGCA. 6. Access by the DGCA This Section should address the fact that DGCA staff must be allowed access to the organisation’s facilities for the purpose of assuring compliance with the established measures in the DGCA Supplement and relevant ensuring procedures and for the purpose of investigation of specific cases. It should also provide confirmatory statement that would allow *EASA/FAA access in the premises of the organization to conduct investigation associated with the DGCA acceptance, for and on behalf of the DGCA, whenever required. 7. Work Orders/Contracts This Section should address the subject of work orders/ contracts. The organization must ensure that the maintenance contract is understood by both parties. This Section should state that the India Owner/Operator of CAR Part M or Part-145 organisation must ensure that the work orders/contracts are detailed and clear, and the organization must ensure that it receives work orders and it clearly understands the contracted maintenance work to be performed. Undertaken or accomplished including but not limited to inspections, repairs, modifications, overhauls, applicable airworthiness directives and parts to be replaced. 8. Airworthiness Directives This Section should address the requirement to comply with applicable mandatory Airworthiness Directives (ADS). This Section should indicate that the Indian Customer must provide a copy of all Ads which are contracted to be accomplished by the organization. 9. Major Repairs and Major Modifications This Section should indicate that any and all major repair and major modification which is required to be installed on India controlled aircraft/aircraft components shall be compliant with the applicable requirements of CAR Part 21/ AAC 2/2017. It has to be recognized that in accordance with the relevant provisions under CAR 21/ AAC 2 /2017, as amended, any major repair or modification approved by the Competent Authority of the State of Design is deemed approved by the DGCA, hence, it is not required to obtain approval from the DGCA to install an approved major repair or major modification on India controlled aircraft/aircraft component. 10. Acceptable Airworthiness Release Certificate This Section should address the requirement for any aircraft component intended to be installed or for installation on India controlled aircraft to be accompanied by an appropriate Airworthiness Release Certificate acceptable to DGCA in accordance with the applicable requirements under Subpart K to CAR 21, as amended. 11CIVIL AVIATION REQUIREMENTS SECTION 2 – AIRWOTHINESS SERIES E PART XI ---------- 2017 11. Certificate of Release to Service- Aircraft This Section should address the requirement for the issuance of the relevant Certificate of Release to Service (CRS) after maintenance is accomplished on India controlled aircraft in accordance with the conditions to the DGCA Certificate of Acceptance. In this case, the CRS issuance by the organization is recognized by the DGCA as compliant with the requirements of CAR 145, in particular point 145. A.50. The release to service statement in the CRS, the reference number of the DGCA Certificate of Acceptance shall be quoted in it. This Section should indicate likewise the requirement to inform the Indian customer of any maintenance that cannot be performed in accordance with the work order or contract, the details of which must be entered in the relevant logs. 12. Reporting of Unairworthy Conditions This Section should address the reporting of unairworthy conditions. When any civil aeronautical product under the regulatory oversight of DGCA is found to be unairworthy, it must be reported to DGCA within 72 hours after the discovery of the unsafe condition. The Indian customer should also be informed of such condition by the fastest means available. 13. Aircraft Technical Records This Section should address the requirement for the organization to provide the Indian customer with a certificate of release/return to service document and records for the maintenance it performed in accordance with the work order/contract. Copy of the records in detail shall be kept by the organization for a period of three years from the date performed. Completion of all certifications and records for the maintenance it performed shall be in the English language. 14. Confirmation to the conditions of acceptance This Section should address the requirement for the organization to confirm that it shall comply with the measures that the DGCA will undertake for the issue or continuation of the Certificate of Acceptance. This includes a statement that it will make payment of the fees that the DGCA may require and would bear the cost of any audits or monitoring activities that the DGCA may undertake to validate compliance with the conditions to the certificate and/or verify the suitability of the measures established in the DGCA Supplement. 12CIVIL AVIATION REQUIREMENTS SECTION 2 – AIRWOTHINESS SERIES E PART XI ---------- 2017 DGCA Form FM 1 GOVERNMENT OF INDIA OFFICE OF THE DIRECTOR GENERAL OF CIVIL AVIATION TECHNICAL CENTRE, OPP SAFDURJUNG AIRPORT, New Delhi FOREIGN AIRCRAFT MAINTENANCE ORGANISAITON (FAMO) APPLICATION Initial/ continuation/ amendment of Certificate of Acceptance in accordance with Rule 133BA of the Aircraft Rules, 1937 and CAR Section 2 Series E Part XI 1. FAMO Name: 2. Approval/ Certificate No.: 3. Issuing NAA: 4. Address of the facility: 5. Mailing address (if difference from 4 above) 6. Tel. Fax. No. Email: 7. Select type of application □ □ □ a. Initial b. Continuation c. Amendment 7a. Initial application (Please give a brief summary of the organisation history, work capability and number of staff employed associated with the approval) 7b. Continuation DGCA Certificate of Acceptance No.: 7c. Amendment (Please provide the reason for amendment) DGCA Certificate of Acceptance No.: 13CIVIL AVIATION REQUIREMENTS SECTION 2 – AIRWOTHINESS SERIES E PART XI ---------- 2017 8. Position and name of the Accountable Manager: I wish to apply on behalf of this organisation for acceptance by the Directorate General of Civil Aviation as an approved maintenance source in accordance with Rule 133BA of the Indian Aircraft Rules, 1937. I understand that when certifying work for a Indian customer, the repair station is required to work in accordance with EASA Part 145/ FAA FAR 43* except where varied by the DGCA special conditions that may be specified in the DGCA Supplement and accept that failure to comply could result in DGCA enforcement actions against this organisation. 9. Signature of the Accountable Manager: Place: Date: Note 1: Item 8 is applicable only in case of an initial application Note 2: (*) delete as applicable Note 3: Address to which the application form should be sent O/o Director General of Civil Aviation, Opposite Safdarjung Airport, New Delhi, India – 110 003 (Attn. Director of Airworthiness) Tel: +91 11 24611357 Fax: +91 11 24652760 Note 4: Fees shall be paid in accordance with Rule 133C of the Indian Aircraft Rules, 1937 14