ARSA's ICA Action

Background:

Instructions for Continued Airworthiness (ICA) are the manuals required to maintain aircraft in airworthy condition.

The Federal Aviation Regulations require the holders of design approvals to prepare ICAs and make them available to persons required to comply with the terms of the instructions, including owners and repair stations that perform maintenance on the products.

   Text of FAR Section 21.50

Here's how you can help ARSA with this issue, along with some pertinent information regarding our efforts to date.

Member Involvement:

While ARSA continues to work this issue, your support remains critical to our ultimate success. Here’s what you can do to help:

• Go to "Tell Us Your ICA Story" and fill out the form with your stories on how you’ve been refused ICA, or charged an exhorbitant price. When contacted by ARSA staff for follow up, you may tell them that you wish to remain anonymous.
• Get involved with your members of Congress. Regardless of whether the ICA issue comes up during a legislative session, other aviation issues will. Constituent contact carries tremendous weight with lawmakers. Go to ARSA's Legislative Action Center for the resources you need to become involved in the political process.

Regulatory Chronology:

December 13, 1999: A legal opinion issued by the FAA (the Whitlow Letter) supports ARSA’s position that complete instructions be made available.
   Whitlow Letter(.pdf)

January 10, 2001: The Federal Aviation Regulations (FARs) and their predecessor, the Civil Air Regulations have long required that ICA be provided. The attached memo is a complete history of ICA regulations.
   History of U.S. ICA regulations, 1941-1980 (.pdf)

March 30, 2002: Research reveals how other agencies carry out requirements to “make available” maintenance information.
   Other Agency Actions (.pdf)

October 3, 2003: ARSA’s first complaint on availability of maintenance manuals (or ICA) was filed with the FAA.
   Airbus Complaint (.pdf)

December 10, 2003: Airbus responded to ARSA’s complaint although the FAA has not issued a response.
   Airbus Response (.pdf)

August 20, 2004: ARSA formed a joint industry policy committee, composed of a variety of manufacturers, repair stations, and carriers who submitted comments to the FAA on ICA guidance material. A copy of those comments are here:
   Joint Industry Policy

July 1, 2005: Unfortunately the FAA did not take ARSA's deliberations into consideration, and its issuance of Order 8110.54 did not clarify the issue.
   FAA Order 8110.54 (.pdf)

November 23, 2005: ARSA filed a complaint with the FAA against Rolls-Royce for failure to provide complete engine overhaul instructions to an ARSA member.
   Rolls-Royce Complaint (.pdf)

February 28, 2006: Rolls-Royce filed a response.
   Rolls-Royce Response (.pdf)

April 18, 2007: ARSA’s comments to Part 145 include a request to remove language that requires repair stations to have ICA to become certificated (see page 8 of ARSA’s comments):
   ARSA Part 145 comments

February 29, 2008: ARSA files a part 13 complaint with the FAA against Parker-Hannifin for failure to provide maintenance instructions on a PMA part.
   ARSA PMA Complaint

March 5, 2008: ARSA files complaint with EASA regarding failure of Rolls-Royce and Airbus to provide maintenance instructions, with attached copies of the FAA part 13 complaint.
   EASA ICA Complaint

Legislative Chronology

In 2003, ARSA began to work the ICA issue on the legislative front. Following the Association’s first Legislative Day, the association leveraged its longstanding relationship with House Aviation Subcommittee staff which convinced the leadership of the House Transportation & Infrastructure (T&I) Committee to include ICA language in the chairman’s mark of “Vision 100”, the Century of Reauthorization Act (H.R. 2115). The ARSA ICA proposal became Section 419 (later section 420).

Immediately after H.R. 2115 was introduced, ARSA began its grassroots campaign. ARSA also worked directly with members of the T&I Committee and Aviation Subcommittee to build support for the ICA language.

As the House vote on Vision 100 approached, ARSA successfully worked with contacts on the House Rules Committee to head off an effort by Rep. Jerry Moran (R-KS) to remove the ICA language on the House floor. The House passed Vision 100 (including ARSA’s ICA language) on June 11, 2003 by a vote of 418-8.

The next day, the Senate passed its own version of the FAA reauthorization bill (S. 824), which did not include ICA language.

Conference committee members were appointed to resolve the differences between the bills, including Senators McCain (R-AZ), Ted Stevens (R-AK), Conrad Burns (R-MT), Lott (R-MS), Kay Bailey Hutchison (R-TX), Hollings (D-SC), Daniel Inouye (D-HI), Rockefeller (D-WV), and John Breaux (D-LA). ARSA rallied its member companies to contact their representatives and senators (in particular, those on the conference) to request section 420 be kept in the bill during conference.

During July 2003, ARSA and the National Air Transportation Association (NATA) worked with Sen. Jim Inhofe (R-OK) to build support for a “Dear Colleague” letter by Inhofe encouraging conferees to retain the ICA language. Inhofe’s letter was co-signed by Senators George Voinovich (R-OH) and Lisa Murkowski (R-AK). A copy of the letter can be found here.

As the conference proceeded during the summer of 2003, ARSA continued to work with staff to keep the provisions in the House bill. At one point compromise language was offered which ARSA rejected on the premise that the status quo was preferable.

It is much easier to stop legislation than to get something enacted; ARSA’s efforts to build support for the ICA provision in the Senate were unsuccessful. When the Vision 100 conference report was filed, it did not include the ICA provision. The conference report (sans ICA language) passed 211-207 on October 30, 2003.

ARSA's legislative materials on this issue can be found here.

News Articles:

ARSA Underscores Its View That Rolls-Royce Failed to Follow ICA Requirements (June 20, 2006)

It's Time For Congress to Enact Fair and Sensible ICA Legislation (May 2, 2006)

ARSA Files Formal Complaint Against Rolls-Royce Over ICA (Nov. 23, 2005)

Cross-Industry Aviation Group Attacks Maintenance Manual Problem (Aug. 23, 2004)

ARSA News Release: Aircraft Manufacturer Failed to Provide Required Maintanence Manuals (Oct. 14, 2003)

ARSA Files Formal ICA Complaint Against Airbus (Oct. 3, 2003)