United Kingdom Overseas Territories Aviation Circular OTAC 39-3 Continued Airworthiness Management under an Article 83bis Agreement - Part 39 Subpart F Issue 2 17 May 2013 Effective: on issue GENERAL Overseas Territories Aviation Circulars are issued to provide advice, guidance and information on standards, practices and procedures necessary to support Overseas Territory Aviation Requirements. They are not in themselves law but may amplify a provision of the Air Navigation (Overseas Territories) Order or provide practical guidance on meeting a requirement contained in the Overseas Territories Aviation Requirements. PURPOSE This Circular provides information and guidance on meeting the requirements in Part 39 Subpart F for continued airworthiness management of Territory-registered aircraft operated under an ICAO Article 83bis agreement with another contracting state. RELATED REQUIREMENTS This Circular relates primarily to Part 39 but also deals with meeting the requirements in Parts 13, 21, 43 and 145 as they apply to aircraft subject to Part 39 Subpart F. European Aviation Safety Agency requirements in and its associated documents are also relevant to this OTAC. CHANGE INFORMATION Updated document references and compliance table against amendments up to and including EC No. 593/2012. ENQUIRIES Enquiries regarding the content of this Circular should be addressed to Air Safety Support International at the address on the ASSI website www.airsafety.aero or to the appropriate Overseas Territory Aviation Authority. OTAC s/n 061
Continued Airworthiness Management under an Article 83bis Agreement - Part 39 Subpart F OTAC 39-3 1 Introduction 1.1 This Circular is designed to assist organisations to meet the requirements of Part 39 Subpart F. It provides guidance on interpreting the requirements of which forms the basis for compliance with s and Part 39 Subpart F in particular. 1.2 It is applicable to an organisation responsible for airworthiness management in support of a Territory-registered aircraft operated under an ICAO Article 83bis agreement with another state. The organisation may be a holder of a foreign air operator s certificate or an organisation that has a Principal Contract with the AOC holder to perform that function on its behalf. 1.3 For organisations that hold an appropriate approval, this guidance document should assist in identifying those requirements to be met in order to comply with an Part 39 Subpart F. 2 Document references Part 13 Part 21 Part 39 Part 43 Part 145 Occurrence Reporting Certification of Aircraft Continued Airworthiness Requirements General Maintenance Requirements Aircraft maintenance Organisation Approval EC No. 2042/2003 As amended by: EC No. 707/2006 EC No. 376/2007 EC No. 1056/2008 EC No. 127/2010 EC No. 962/2010 EC No. 1149/2011 EC No. 593/2012 AMC Decision 2003/19/RM As amended by: Decision 2012/004/R Decision 2010/006/R Decision 2010/002/R Decision 2009/006/R Decision 2008/013/R Decision 2007/001/R Decision 2006/014/R Decision 2006/011/R 3 Compliance table The following table identifies the applicable requirements and AMC material in relation to meeting the applicable requirements of s in the circumstances described in Paragraph 1. OTAC s/n 061 Issue 2 Page 2 of 17
Continued Airworthiness Management under an Article 83bis Agreement - Part 39 Subpart F OTAC 39-3 AMC- 1 Part 39 Subparts B and C M.A.201 Responsibilities (a) 1,2,3 (a) 4 as varied for compliance with an OTAA approved Maintenance Programme; Part 39.61 refers. 1,2 as varied by Part 39.57. (e) (i) as varied by Part 39 Subpart F (e) (ii) : Part 39.55(j) refers. (f) as varied by Part 39.51. (g) : Part 39.57 applies. (h) 1,2,3 : Part 39.51 applies. (i) Not (j) as varied by requirement for OTAA access. 201 (e) OTAC 39-6 applies 201 (h) 1 2 3 4 As varied by OTAC 21-1 5 6 for Part-145 varied by Part 145 7 for Part-145 varied by Part 145 201 (h)(1) 201 (h)(2) 1 1 39.51 refers 2 2 39.53 3 3 4 4 as varied by 39.53 5 5 as varied by 39.53 6 7 8 9 10 11 12 13 OTAC s/n 061 Issue 2 Page 3 of 17
Continued Airworthiness Management under an Article 83bis Agreement - Part 39 Subpart F OTAC 39-3 AMC- 2 Part 13 OTAC 13-1 M.A.202 Occurrence Reporting (a) 202 (a) : OTAC 13-1 applies 202 : OTAC 13-1 applies 3 Parts 21 Subpart C 21 Subpart M 39.55 39.67 39.69 M.A.301 Continuing Airworthiness Tasks 1 2 as varied by Parts 21 and 145 3 as varied by Part 39.55 4 as varied by compliance with Part 39.55(j). 5 (i) as varied by compliance with Part 39.67 5 (ii) as varied by compliance with Part 39.67 5 (iii) : Part 21.19 refers 5 (iv) : Part 21.19 refers 6 as varied by compliance with Part 21 Subparts C and M 7 8 301-1 301-2 301-3 as varied by OTAC 39-6 301-4 301-5 as varied by the State of Operation requirements and OTAC 21-8 301-7 OTAC s/n 061 Issue 2 Page 4 of 17
Continued Airworthiness Management under an Article 83bis Agreement - Part 39 Subpart F OTAC 39-3 AMC- 4 Parts 39.55 39.61 M.A.302 Aircraft Maintenance Programme (a) as varied by Part 39.61. Not : Part 39.61 applies. (i) : Part 39.61(g) applies. (ii) as varied by Part 39.61. (i) : Part 39.61(g) applies. (ii) as varied by Part 39.61. (iii) : Part 39.61 and 39.63 apply. (e) (f) (g) as varied by Part 39.61. 302 1 : OTAC 39-6 refers 2 : OTAC 39-6 refers 3 : OTAC 39-6 refers 4 : OTAC 39-6 refers 5 : OTAC 39-6 refers 302 (a) : OTAC 39-6 refers 302 1 : OTAC 39-6 refers 2 : OTAC 39-6 refers 3 : OTAC 39-6 refers 4 : OTAC 39-6 refers 5 : OTAC 39-6 refers 6 : OTAC 39-6 refers 7 : OTAC 39-6 refers 302 (f) 1 : OTAC 39-6 refers 2 : OTAC 39-6 refers 3 : OTAC 39-6 refers 4 : OTAC 39-6 refers 5 : OTAC 39-6 refers 6 : OTAC 39-6 refers 5 Part 39.67 and 39.69 M.A.303 Airworthiness Directives : Part 39.67 and 39.69 applies No AMC 6 Parts 21 Subpart C 21 Subpart M M.A.304 Data for Modification and Repairs : Part 21 Subparts C & M applies 304 : OTAC s/n 061 Issue 2 Page 5 of 17
Continued Airworthiness Management under an Article 83bis Agreement - Part 39 Subpart F OTAC 39-3 AMC- 7 Part 39 Subpart D M.A.305 Aircraft Continuing Airworthiness Record System (a) as varied by Part 43.105. 1 as varied by Part 39 Subpart D 2 as varied by Part 39 Subpart D 1 2 3 4 5 6 (e) (e) 1 (e) 2 (e) 3 (e) 4 (f) : varied only in respect that competent authority should read OTAA (g) (h) 1 (h) 2 : Part 39.75 applies (h) 3 : Part 39.75 applies (h) 4 : Part 39.75 applies (h) 5 : Part 39.75 applies (h) 6 : Part 39.75 applies 305 (a) (e) (f) (g) (h) 305 (h) 305 (h)(6) OTAC s/n 061 Issue 2 Page 6 of 17
Continued Airworthiness Management under an Article 83bis Agreement - Part 39 Subpart F OTAC 39-3 AMC- 8 Part 39.79 9 Part 39 Subpart D 10 Part 39.57 M.A.306 M.A.307 M.A.401 Operator s Technical Log System Transfer of Aircraft CAW records Maintenance Data (a) 1 (a) 2 (a) 3 (a) 4 (a) 5 (a) (a) 1 2 3 4 as varied by Part 39.79 as varied by Part 39.79 as varied by Part 39.79 as varied by Part 39.79 as varied by Part 39.79 : approval requirements NAA of the State of operator applies : varied by 39.75 (a)(1) : as varied by Part 39.77 : as varied by Part 39.77 : as varied by Part 39.77 as varied by the applicable NAA listed in Part 21.25(a)(1) as varied by Part 21 Subparts B, C and M as varied by Part 145.5 306 (a) : 306 : 307 (a) : 401 1 401 2 401 (a) as varied by OTAC 145-3 as varied by OTAC 145-10 as varied by OTAC 145-10 1 2 3 4 5 OTAC s/n 061 Issue 2 Page 7 of 17
Continued Airworthiness Management under an Article 83bis Agreement - Part 39 Subpart F OTAC 39-3 AMC- 11 Part 39.57 12 Part 39.57 M.A.402 M.A.403 Performance of Maintenance Aircraft defects (a) (e) (f) (a) 1 2 as varied by part 43 Subpart C and 39.57 as varied by Part 39.57 as varied by Part 145.5 as varied by Part 145.5 as varied by the NAA of the State of operator as varied by the NAA of the State of operator as varied the operators technical log 402 (a) 1 2 3 4.1 4.2 4.3 4.3.1 4.3.2 4.4 4.5 as varied by 43.111 4.6 4.7 402 (a) 402 402 (e) 403 (a) 403 OTAC s/n 061 Issue 2 Page 8 of 17
Continued Airworthiness Management under an Article 83bis Agreement - Part 39 Subpart F OTAC 39-3 AMC- 13 Part 21 Subparts K & Q M.A.501 Installation (a) as varied by Part 21 Subparts K & Q as varied by Part 21 Subparts K & Q as varied by Part 21 Subparts K & Q as varied by Parts 21 Subparts K & Q and 145.5 501 (a) 1 2 3 (a) 3 3 3 4 5 (a) 5 5 5 5 (e) 5 (f) 5 (g) 5 (h) 5 (i) 6 501 1 2 3 as varied by 21.303 501 1 (a) 1 2 3 4 501 1 2 3 4 5 6 OTAC s/n 061 Issue 2 Page 9 of 17
Continued Airworthiness Management under an Article 83bis Agreement - Part 39 Subpart F OTAC 39-3 AMC- 14 N/A M.A.502 Component Maintenance 15 Part 39.55 16 Part 39.59 Part 21 Subparts K & Q M.A.503 M.A.504 Service Life Limited Components Control of Unserviceable Components (a) 1 2 (e) (a) 1 (a) 2 (a) 3 (a) 4 (a) 5 1 2 (e) as varied by 145.125 as varied by 39 applicable as varied by 39 502 502 No AMC 504 (a) as varied by OTAC 145-12 504 1 as varied by OTAC 145-12 2 as varied by OTAC 145-12 3 as varied by OTAC 145-12 504 1 (a) as varied by 1 1 1 1 (e) 1 (f) 1 (g) 2 OTAC 145-12 504 (2) 1 as varied by 2 (a) 2 2 2 2 (e) 2 (f) 2 (g) OTAC 145-12 OTAC s/n 061 Issue 2 Page 10 of 17
Continued Airworthiness Management under an Article 83bis Agreement - Part 39 Subpart F OTAC 39-3 AMC- 2 (h) 3 (a) 3 3 3 3 (e) 3 (f) 4 504 (e) (a) as varied by (e) OTAC 145-12 17 N/A Maintenance Subpart F Organisation 18 Part 39 Subpart E M.A.701 Scope as varied by Part 39.93 No AMC 19 N/A M.A.702 Application. Arrangements established under the Article 83bis agreement or Part 39 Subpart E applies. 702 OTAC 39-3 applies 20 M.A.703 Extent of (a) No AMC: OTAC 39-3 applies Part 39.93 Approval : part 39.103 applies as varied by NAA of State of operation or as applicable Part 39.93 21 M.A.704 Continuing (a) 1 as varied by 704 1 as varied by OTAC 39-3 Part 39.59 Airworthiness 2 as varied by OTAC 39-3 Management (a) 2 as varied by 3 as varied by OTAC 39-3 Exposition 4 as varied by OTAC 39-3 (a) 3 as varied by 5 as varied by OTAC 39-3 OTAC s/n 061 Issue 2 Page 11 of 17
Continued Airworthiness Management under an Article 83bis Agreement - Part 39 Subpart F OTAC 39-3 AMC- 22 Part 39.59 (k) 23 Part 39 Subpart E (a) 4 as varied by 6 as varied by OTAC 39-3 7 as varied by OTAC 39-3 (a) 5 as varied by 8 as varied by OTAC 39-3 9 as varied by OTAC 39-3 (a) 6 as varied by 10 as varied by OTAC 39-3 11 as varied by OTAC 39-3 (a) 7 as varied by (a) 8 as varied by (a) 9 as varied by. NAA of State of operator or as applicable Part 39.59 M.A.705 Facilities M.A.706 Personnel Requirements (a) (e) (f) (g) (h) (i) (j) excluding reference to. as varied by this section 706 1 2 3 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 706 (e) 1 2 OTAC s/n 061 Issue 2 Page 12 of 17
Continued Airworthiness Management under an Article 83bis Agreement - Part 39 Subpart F OTAC 39-3 AMC- 24 Part 39.59 (k) M.A.707 Airworthiness Review Staff (a) 1 (a) (a) 1 (a) 1 (a) 1 (a) 1 (e) (a) 2 (a) (a) 2 (a) 2 (a) 2 (a) 2 (e) (e) ; however the approval of Subpart I approval is not a specific feature of s. Arrangements should be made for appropriate qualified and experienced staff (that being equivalent to the Airworthiness Review Staff) to be nominated for the completion of an OTAA C of A Airworthiness Status Report and Recommendation Form commensurate with the scope of approval Part 21.175(e) refers. as varied by applicable OTAA oversight and approval 706 (f) as varied by applicable additional airworthiness safety requirements to improve airworthiness promulgated by the applicable State of Type Certification. 706 (i) 707 (a) 1 2 3 4 as varied by the Article 83bis agreement 5 707 (a)(1) 707 1 (a)(2) 2 707 707 as varied by the Article 83bis agreement 707 (e) OTAC s/n 061 Issue 2 Page 13 of 17
Continued Airworthiness Management under an Article 83bis Agreement - Part 39 Subpart F OTAC 39-3 AMC- 25 Part 39 Subparts B, C, D and F 26 Part 39.55 (g) 27 Part 21 Subparts B, C and M Part 39.73 M.A.708 Continuing Airworthiness Management (a) 1 2 3 4 as varied by : Part 39.63 applies as varied by Part 43.105 applicable as varied by Part 39.57 5 6 7 8 9 10 1 2 M.A.709 Documentation (a) M.A.710 Airworthiness Review (a) 1 (a) 2 (a) 3 (a) 4 (a) 5 (a) 6 (a) 7 (a) 8 as it relates to the process of completion of the OTAA. Airworthiness Survey Report Form for C of A Part 21.175 (e) refers. as varied by compliance with Part 39.67. as varied by compliance with Part 21 Subparts C and M. as it relates to the process of completion of the 708 (3) 708 1 as varied by the Article 83bis agreement 2 3 4 as varied by the Article 83bis agreement 5 6 7 as varied by the Article 83bis agreement 708 (1) 709 as varied by the Article 83bis agreement 710 (a) 1 as varied by this 2 OTAC 39-3 710 1 2 3 4 710 710 (e) OTAC s/n 061 Issue 2 Page 14 of 17
Continued Airworthiness Management under an Article 83bis Agreement - Part 39 Subpart F OTAC 39-3 AMC- 28 Part 39.93 29 Part 39.59 (g) (a) 9 (a) 10 1 2 3 4 5 (e) (f) (g) M.A.711 Privileges of the Organisation (a) 1 (a) 2 (a) 3 (a) 4 1 2 M.A.712 Quality System (a) 1 2 3 (h) OTAA. Airworthiness Survey Report Form for C of A. Part 21.175 (e) refers. as varied by compliance with Part 21 Subpart B. : Part 21.181 refers. : Part 21.175 (e) refers. as varied by Part 21.175(e). as varied by Part 21.175(e) as varied by Part 39.59 711 711 Generally applicable; alternative arrangements must be agreed by the relevant OTAA. Not 712 (a) 1 2 3 4 5 OTAC s/n 061 Issue 2 Page 15 of 17
Continued Airworthiness Management under an Article 83bis Agreement - Part 39 Subpart F OTAC 39-3 AMC- 30 Part 39.55 31 Part 39 Subpart D M.A.713 M.A.714 Changes to the Approved Continuing Airworthiness Organisation Record Keeping 32 N/A M.A.715 Continued Validity of Approval (e) (f) in case of contractual arrangements for Part 39 approval 1 2 3 4 5 6 (a) as varied by Part 39 Subpart D. : 21.175(e) applies Not as varied by Part 39.75 (e) (f) (g) (h) (a) 1 (a) 2 (a) 3 : refer to applicable Article 83bis agreement or as required Part 39 Subpart E 712 1 2 3 4 as varied by Part 21.175 5 6 7 8 9 712 (f) 713 1 2 714 1 as varied by OTAC 2 3 4 5 6 39-4 No AMC OTAC s/n 061 Issue 2 Page 16 of 17
Continued Airworthiness Management under an Article 83bis Agreement - Part 39 Subpart F OTAC 39-3 AMC- 33 N/A M.A.716 Findings (a) : responsibility of the OTAA. No AMC OTAC s/n 061 Issue 2 Page 17 of 17