MARPA is extremely pleased to announce that Jason Mahoney Director of Engineering & Maintenance – TUI Group will serve as the Keynote speaker for the 2016 MARPA PMA Aircraft Parts Conference from May 23-24, 2016 in Madrid, Spain at the NH Madrid Ventas.
Jason Mahoney was appointed Director of Engineering and Maintenance of TUI Group in 2014, charged with uniting the group’s five independent engineering and maintenance establishments – to create one pan-European organisation.
Previously, Jason was Director of Engineering for Thomson Airways having joined the business in 2011. Prior to joining TUI, Jason worked for bmi and British Airways, having joined BA as an engineering apprentice in 1989.
TUI Group is the world’s number one tourism business. The broad portfolio gathered under the TUI Group umbrella consists of strong tour operators, 1,800 travel agencies and leading online portals, six total airlines with a fleet of more than 130 aircraft, over 300 hotels with 210,000 beds, 13 cruise liners and countless incoming agencies in all major holiday destinations around the globe. This integrated offering will enables TUI Group to provide their 30 million customers with an unmatched holiday experience in 180 regions around the world. A key feature of their corporate culture is global responsibility for economic, environmental and social sustainability. This is reflected in more than 20 years of commitment to sustainable tourism.
MARPA wishes to extend its sincere thanks to our partners at the International Trade Administration for their ongoing support in partnering with our organization to encourage MARPA and FAA-PMA aircraft parts-focused events and trade missions, and for working to promote PMA worldwide. The 2016 MARPA PMA Parts Conference provides an excellent opportunity for our members to meet and network with their international customers. It is also an opportunity to continue the ongoing discussion about the benefits and value of PMA parts. MARPA looks forward to seeing our members in Madrid networking with the air carriers of not only Europe but also the Middle East and Asia.
We look forward to seeing everyone in Madrid!
Several draft FAA Advisory Circulars are currently open for comment of which MARPA members should take note.
Today the FAA’s Engine and Propeller Directorate released draft AC 33.15-3 Parts Manufacturer Approval (PMA) Metallic Part Material Compliance Using Comparative Test and Analysis Method for Turbine Engines or Auxiliary Power Units. This AC is intended to provide guidance to assist PMA applicants in developing tests to demonstrate the equivalence of materials with that of the type design materials.
We will provide a more detailed analysis of this draft AC in the coming days, but want to encourage each of our members to review it and submit comments to the FAA addressing any potential problems you identify–or offering praise if you feel it is a useful document. MARPA will be offering its own comments, so if you do not wish to file on your own, please feel free to provide us with your thoughts and we will incorporate them into the association’s comments. These comments are due to the FAA by July 20.
Two other draft ACs are also open for comment and bear review. The first is AC 39-xx Alternative Methods of Compliance. This AC is intended to provide guidance to those applicants seeking approval of an AMOC. This guidance formerly appeared in FAA Order 8110.103A but has since been removed to a stand-alone AC. Comments are due May 30.
The other is AC 23.10 FAA Accepted Means of Compliance Process for 14 CFR Part 23. This AC provides guidance on how to submit applicant proposed means of compliance to the FAA for acceptance by the Administrator in accordance with proposed § 23.10 (which is one section of the current Part 23 proposed rule revision). Comments are due May 13.
Each of these proposed Advisory Circulars should be reviewed for potential effects on the PMA industry. MARPA will be undertaking its own reviews, but we encourage each of our members to do the same, and file such comments as they believe helpful. All draft materials and FAA contact information can be found at https://www.faa.gov/aircraft/draft_docs/ac/.
If you would like us to incorporate your comments, you should email them to VP of Government and Industry Affairs Ryan Aggergaard at firstname.lastname@example.org
The MARPA 2016 EMEA (Europe, Middle East, Asia) PMA Parts Conference will be taking place in Madrid, Spain next month, on May 23-24, 2016 at the beautiful NH Madrid Ventas Hotel. But the deadline for making hotel reservations at the discounted rate is Friday, April 22nd!
We have negotiated a room rate of €99,34 per night (VAT included) for single/double occupancy. This rate applies on a limited basis for rooms up to two days before and after the event, for those who wish to extend their stay.
In order to qualify for this special rate, you must book your room by Friday, April 22nd. Click here for a link to the hotel for the MARPA room block. Clicking this link should automatically reference the MARPA discount code.
You can also call the hotel directly at +34 91 3610288. Make sure to ask for the “MARPA” rate in order to get our discounted rate!
The FAA has released a Draft Policy Statement related to Order 8110.42D that is directly applicable to the PMA community. PS-AIR-21-1601 – FAA Order 8110.42D, Parts Manufacturer Approval Procedures – Use of Parts Manufacturer Approvals (PMA) for Minor Modifications to Products establishes FAA policy for “the gray area when a modification to a product does not rise to the level of a major change . . . and the producer of the modification article wishes to sell it in accordance with 14 CFR 21.9.”
The Draft Policy explains that historically there was not a consistent policy for issuing PMAs when the PMA made a modification that did not rise to the level of a major change under the regulations. Confusion existed as to whether a STC was appropriate for a modification article that did not constitute a major change to type design.
The Draft Policy clarifies the FAA’s position that:
PMA is a suitable method to approve an article, and provide for that article’s installation, in cases where the installation would not constitute introduction of a major change in a product’s type design.
The policy goes on to explain that the applicant must be able to identify the change resulting from installation of the article and justify it as not being a major change to the product and have the project ACO’s agreement.
On balance this looks like a positive policy for the PMA industry, clarifying modification PMAs that do not constitute a major change to a product’s type design can be approved through the PMA process and not require a STC. However we would still like to hear from our members to determine if there are any unintended consequences of this policy or ways in which the policy can be made more clear.
Comments on this policy statement are due May 1, 2016, so please email Ryan Aggergaard at email@example.com if you have any concerns about this policy or potential effects on the PMA industry.
Today, Congress published proposed legislation (known as the AIRR Act) to reauthorize the FAA. The biggest headline in that bill is air traffic control privatization. But there is plenty in this bill that could affect the PMA industry.
Typically, FAA Reauthorization Bills affect higher-level elements of the law and the FAA is more likely to directly affect PMA Manufacturers; but the AIRR Act has a large number of elements that could affect the PMA community:
Sec. 302. Safety Oversight and Certification Advisory Committee. Congress is establishing an advisory committee that will be responsible for advising the Secretary of Transportation on policy-level issues related to FAA safety certification and oversight programs and activities.
Sec. 311. Aircraft certification performance objectives and metrics. The FAA shall establish metrics for progress toward increasing certification efficiency, increasing accountability, “achieving full utilization of FAA delegation and designation authorities,” implementing risk management and systems safety principles, increasing transparency, training personnel in auditing systems and maintaining the leadership of the United States in international aviation and aerospace. All of these foci could be good for the PMA community.
Sec. 312. Organization designation authorizations. Establishes a new provision in the US Code for ODAs. ODAs shall have a procedures manual, shall be entitled to full delegation of functions approved in the manual, but shall be subject to regular FAA inspection. ODA holders shall cooperate fully with the FAA oversight activities. FAA shall establish an ODA Office to coordinate ODA policy and oversight.
Sec. 314. Type certification resolution process. Requires FAA to set policies and timelines for resolving type certification issues, and for elevating them when they cannot be resolved at the lower levels of the FAA. [*** It would be nice to see this provision expanded to all design approvals, including PMAs ***]
Sec. 315. Safety enhancing equipment and systems for small general aviation
airplanes. Requires FAA to streamline the installation of safety enhancing equipment and systems for small general aviation airplanes in a manner that reduces regulatory delays and significantly improves safety. This is something that the FAA has been working on already so they should be prepared to meet Congressional deadlines.
Sec. 317. Additional certification resources. If the FAA needs to travel to a foreign country to help expedite the process of acceptance or validation of a US certificate, then the US applicant can reimburse the FAA for travel expenses (which makes it easier for the FAA to contribute to such efforts). The FAA will have to keep metrics on this, including how often requests from US applicants to enter into such an arrangement were denied.
Sec. 351. Promotion of United States aerospace standards, products, and services abroad. This section gives the FAA promotion responsibilities, which were taken out of the law a number of years ago. This limited promotion authorization is focused on international promotion, like promoting United States aerospace safety standards abroad, and facilitating and vigorously defending approvals of United States aerospace products and services abroad. It will also reiterate our commitment to working with bilateral partners.
Sec. 352. Bilateral exchanges of safety oversight responsibilities. Includes a requirement for the FAA to accept foreign airworthiness directives (ADs) issued by bilateral partners. This could impose an unworkable burden on smaller US companies to track foreign AD proposals, because it will mean that the US companies will have to comment on the foreign AD, because it will have no reasonable opportunity to comment on a US version if the FAA is required to accept foreign ADs. Because ADs can sometimes be worded to exclude PMA alternatives, it is important that the PMA community have some redress with respect to proposed ADs.
Sec. 353. FAA leadership abroad. This will require the FAA to better support US companies in foreign acceptance or validation projects. one clear element of this will be through increased US engagement with foreign authorities.
Sec. 615. Air transportation of lithium cells and batteries. The government will establish a committee, and try to make sure that people actually comply with lithium battery shipping requirements.
Reauthorization is often a slow process, but the last reauthorization bill was a six month extension that went into effect October 1, 2015. That means that the new reauthorization bill is needed by April 1, 2016. It is possible that this ATC privatization may be contentious (General Aviation groups contend that it is an effort to shift the expense of maintaining the system into their pockets) and that could slow down the progress of the AIRR Act. If the AIRR Act cannot be passed by April then we could see another temporary reauthorization (e.g. for another six months). But it is possible that the AIRR Act could move on a fast track, and become law, later this Spring.
The FAA has published an update to Advisory Circular (AC) 120-106A,on the Scope and Recommended Content for a Contractual Agreement Between an Air Carrier and a Contract Maintenance Provider. This advisory circular provides guidance on the terms of the relationship between an air carrier and its contract maintenance providers.
The new revision expands on the guidance and includes elements that are important to the PMA community as well.
FAA Policy Statement PS-AIR-21.50-01 is an important FAA policy statement that precludes Design Approval Holder’s from using their monopoly over the Instructions for Continued Airworthiness to exact additional anti-competitive concessions. A reason for this was because those anti-competitive concessions could undermine safety, as well as inhibiting third party development of safety improvements.
My mention of PS-AIR-21.50-01 is not the non-sequitur it might seem to be. That guidance is now directly referenced in AC 120-106! Section 5 of the guidance discusses elements of the contractual agreement between the air carrier and the maintenance provider. Subsection 5(b)(4) recommends a contract clause on proprietary data, but makes it clear that this means the air carrier’s own data, and stresses that the ICAs are not proprietary data.
4) Proprietary Data. Many times, air carrier general maintenance manuals are designed for in-house maintenance. These manuals may contain proprietary or other confidential information that an air carrier may not want to share with an MP. In many cases, the MP also works on competitors’ aircraft. This has a tendency to make air carriers reluctant to share this information, and therefore they do not. The proper handling of proprietary data issues should be addressed in the contractual agreement between the air carrier and the MP.
NOTE: The proprietary or other confidential information referred to in this paragraph refers only to that information developed by an air carrier for purposes of its in-house maintenance. Proprietary or confidential information does not refer to other data to which the MP is entitled, such as instructions for continued airworthiness (ICA) under 14 CFR part 21, § 21.50(b), and in accordance with FAA Policy Statement PS-AIR-21.50-01, Type Design Approval Holder Inappropriate Restrictions on the Use and Availability of Instructions for Continued Airworthiness. Such data that is required to be made available under the regulations may not be restricted by design approval holders (DAH) with respect to an air carrier’s approved maintenance manuals, through restrictive language in the ICA, or through restrictive access or use agreements.
Some manufacturer have used ICA restrictions to preclude use of PMAs, and PS-AIR-21.50-01 helps to address those restrictions in a positives and pro-competitive manner.
Some air carriers find themselves getting conflicting information about whether ICAs are proprietary data. We’ve written in the past about why ICAs cannot be proprietary data (e.g. they are required to be made available and this federal requirement preempts state-law trade secret protections). Because they cannot be proprietary data, one shouldn’t use a license of that information to perpetrate anti-competitive restrictions. This recently-published NOTE helps to emphasize the point.
The Small Business Administration has adjusted the size standards for small businesses that perform research and development in the aerospace field (including businesses that are required to deliver manufactured product as part of a research and development contract).
Research and Development in the Physical, Engineering, and Life Sciences is currently categorized under NAICS 541712. This NAICS code has three sub-industries or “exceptions.” The SBA feels that the small business standard for these companies should be consistent with that of peer companies that manufacture parts. SBA is therefore modifying the titles of the three exceptions, and the size thresholds associated with them.
|NAICS code||NAICS industry title||Current size standard (number of employees)||New size standard (number of employees)|
|541712||Research and Development in the Physical, Engineering, and Life Sciences (except Biotechnology)||500||1000|
|except||Aircraft Engine and Engine Parts||1000||1500|
|except||Other Aircraft Parts and Auxiliary Equipment||1000||1250|
|except||Guided Missiles and Space Vehicles, Their Propulsion Units and Propulsion Parts||1000||1250|
This rule change becomes effective on February 26, 2016. Full details of this change are available in the Federal Register.
The U.S. Bureau of Industry and Security has issued an order denying the export privileges of:
This is a temporary denial order that is only valid for 180 days, unless extended. Although published in today’s Federal register, the order is actually dated January 19, 2016. The Order prohibits the denied parties from engaging in export transactions, and it includes a prohibition against third parties exporting from the U.S. to any of these denied parties.
Absent a license that authorizes sales to these denied parties, sales of US-origin FAA-PMA parts to such denied parties may violate the temporary denial order.
MARPA members with a history of doing business with any of these parties should ensure that their future transactions remain consistent with U.S. law. While the Order remains effective, those who are approached by any of these denied parties should exercise caution in their dealings.
KORUS Aero Partnering 2016
February 11th and 12th, Sacheon, South Korea
KOTRA will be hosting a two day conference and trade delegation in Sacheon, South Korea. This event serves as a venue for global aerospace manufacturing business leaders and Korean companies in exploring cooperative business opportunities.
At KORUS Aero Partnering 2016, top Korean aviation part suppliers will participate in this program, which will allow for opportunities to discuss their cutting-edge technologies and high-quality aviation parts. The event will offer valuable information on the Korean aviation parts industry and services, through pre-scheduled, one-on-one meetings, and in-depth business consultations. In addition, it will provide global networking opportunities with business leaders from North America.
During the morning of the first day, speakers from Korea Aviation Industry Association (KAIA), will be discussing the current status of the Korean aircraft parts industry and its involvement in global trade. Following the presentation from KAIA, representatives from KOTRA will be discussing the USA aircraft parts market. Wrapping up the morning session, Vince Howie, from the Oklahoma Department of Commerce, is delivering a presentation regarding the US MRO market. During the afternoon session, North American aviation companies will be explaining their individual purchasing policies.
The entirety of the second day will contain one-on-one trade delegations between the US companies and Korean companies to further discuss building business relationships between the two.
With approximately 50 Korean companies in attendance, this event is a premier gateway for building bilateral trade and lasting partnerships. For more information and if interested in attending, please email or call Benjamin Brand from the NYC KOTRA office at firstname.lastname@example.org 646-918-5854.
Korea Trade Investment Promotion Agency, otherwise known as KOTRA, operates under South Korea’s Ministry of Trade, Industry & Energy (MOTIE), as the national trade and investment promotion organization. KOTRA is a non-profit agency that promotes and facilitates bilateral business relationships between Korea and the world since its foundation in 1962.
Time is running out to secure exhibition, sponsorship, and registration early discounts for the 2016 MARPA Annual Conference in Orlando. Reserve and pay for your registrations, sponsorship or exhibition by December 18th, before the rates go up!
With your sponsorship you will receive:
In addition to the above, 2016 Conference Sponsors who reserve their spot early will receive additional exposure on MARPA’s printed marketing materials to be distributed at events such as MRO Latin America, Aero Engines America, and at the 2016 MARPA EMEA Conference in Madrid from May 23-24, 2016. These materials will be distributed to carriers world-wide. The list of sponsorship opportunities can be viewed on the MARPA website. Reserve right away to ensure maximum exposure!
You can find all of the information you need on our website, or by calling Katt Brigham at 202.628.6777. Email email@example.com.