Avionics News January 2014 - 14

F R O M
R I C
P E R I
A EA V I C E P R ES I D E N T O F G OV E R N M E N T & I N D U ST RY A F FA I RS

The Aircraft Electronics Association's international membership continues to grow. Currently, the AEA represents avionics
businesses in more than 40 countries throughout the world. To better serve the needs of the AEA's international membership,
the "International News and Regulatory Updates" section of Avionics News offers a greater focus on international regulatory
activity, international industry news and an international "Frequently Asked Questions" column to help promote standardization.
If you have comments about this section, send emails to avionicsnews@aea.net.

FREQUENTLY ASKED QUESTIONS
United States
Documentation to Changes
in the Capability List
The following information is from Part 145 Final Rule (Docket
No. FAA-1999-5836; Aug. 6, 2001); 14 CFR Part 145; and
Advisory Circular 145-9 Guide for Developing and Evaluating
Repair Station and Quality Control Manuals.

QUESTION:

How long does a repair station that chooses to use a capability
list keep records of changes to the capability list?

ANSWER:

The short answer is the regulation requires the information
to be kept and does not set a time limit; however, AC 145-9
specifically states the period of retention should be specified
in the repair station manual.
Explanation: Many individuals have assumed only two
years. However, this is not correct. § 145.219(a) requires
a repair station to retain records "that demonstrate compliance with the requirements of Part 43." Paragraph (c) further
requires "records required by this section for at least two
years from the date the article was approved for return to
service." The records required for capability list changes are
from Section 145.215; therefore, the recordkeeping requirements of section 145.219 are not applicable to capability lists.
Section 145.215 (c) requires a repair station with a capability list to perform a self-evaluation to determine that the

avionics news

january

2014

repair station has all of the housing, facilities, equipment,
material, technical data, processes and trained personnel in
place before amending the capability list. Specifically, section
145.215 further requires that "the repair station must retain on
file documentation of the evaluation."
After researching this issue, we found the retention of the
record was a result of comments submitted during the 1999
Part 145 NPRM.
"Some commenters believed paragraph [§ 145.203] (d)
places an unacceptable level of personal liability on the
accountable manager and should be deleted." In the June 21,
1999, NPRM, the FAA proposed §145.203 capability list. (d)
The document of the evaluation described in paragraph (c) of
this section must be signed by the accountable manager and
must be retained on file by the repair station.
In response to the comment, the FAA answered the challenge with: "The FAA has removed the requirement that the
accountable manager must sign the evaluation. However,
documentation of the evaluation must be retained on file by
the repair station." (Docket No. FAA-1999-5836 Aug. 6,
2001 Page 41109 Section 145.215 Capability List)
FAA guidance contained in AC No: 145-9 states "the repair
station should keep records of the self-evaluation on file for
the period specified in the manual." (AC No: 145-9 paragraph
4-3. e. Capability List. Record and Report the Results.)
Note: The AEA offers "Frequently Asked Questions" to foster greater
understanding of the aviation regulations and the rules governing the
industry. The AEA strives to ensure FAQs are as accurate as possible at
the time of publication; however, rules change. Therefore information
received from an AEA FAQ should be verified before being relied upon.
This information is not meant to serve as legal advice. If you have particular legal questions, they should be directed to an attorney. The AEA
disclaims any warranty for the accuracy of the information provided.

Avionics News January 2014

Table of Contents for the Digital Edition of Avionics News January 2014