Avionics News July 2012 - 61

The Effect of the Memo Existing regulations require design approval holders to create ICAs, make them available and have a mechanism for distributing the ICAs and amendments to the ICAs. The FAA’s regulations require the mechanism for distributing the ICAs and amendments to the ICAs to be provided to the FAA for review. In many cases, licensing agreements reflect the mechanism by which ICAs and amendments to the ICAs are distributed. Where this is the case, it means that the licensing agreement is subject to review by the FAA for compliance to the regulations. The new policy memo makes it clear certain provisions will be considered unacceptable in ICA licensing agreements. These unacceptable practices include: • Provisions that restrict sharing of ICAs between an operator and its maintenance contractors (e.g. a clause that restricts an operator from providing maintenance data to its maintenance contractor). • Provisions that restrict use of the ICAs where the FAA has found the ICAs applicable (e.g. for PMA parts, DER repairs or field approvals that advise the continued use of the ICAs). • Provisions restricting the operator to only install OEM parts (in cases where mounting equipment is only available on a PMA basis, this can have the effect of precluding certain other equipment as well). • Provisions that require repairs or alterations to be OEM-approved (which effectively precludes field approvals and FAA-approved repair specifications and process specifications). • Provisions restricting repair to only OEM-approved repair stations (which effectively precludes independent repair stations from performing those repairs).

Such provisions will be considered unacceptable in ICA licensing agreements. This policy does not necessarily mean that the FAA will change the way it approaches ICA. The policy guidance just reiterates that ICAs must be made available to the parties that rely on them for safety compliance, and contract provisions that undermine that safety regime will be considered unacceptable. How Does This Policy Affect Avionics Manuals? A design approval holder is permitted to refer to an accessory, instrument or equipment manufacturer as the source of servicing information. When

the design approval holder refers to the component manufacturer as the source of information about how to service the component, then the component maintenance manual becomes incorporated by reference, and it becomes part of the ICA. In separate FAA guidance, including FAA order 8110.54A, it is clear that ICAs include those manuals that are incorporated by reference. This means that if an aircraft manual refers the user to an avionics manual as the source of installation, repair, inspection, alteration or other required service information for those avionics, then the referenced
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Avionics News July 2012

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