Summary of regulatory activity and news.

The FAA's Expert Panel review report concerning its latest assessment at Boeing can be found here: https://lnkd.in/e3fyzRUr

The FAA's latest report on Boeing's safety culture. Boeing Missing Key Elements of Safety Culture: FAA Report https://lnkd.in/emjCqGvv

The Federal Aviation Administration (FAA)’s six-week audit of Boeing and Spirit AeroSystems, prompted by the January 5 incident involving a new, Boeing 737-9 MAX aircraft, found multiple instances where the companies allegedly failed to comply with manufacturing quality control requirements. https://www.faa.gov/newsroom/updates-boeing-737-9-max-aircraft

Safety Management Systems

Regulatory Updates:

2/1/24: Transport Canada (TCCA) is proposing to update its SMS regulations to align with ICAO requirements. https://www.ainonline.com/aviation-news/business-aviation/2024-01-30/transport-canada-looks-update-sms-regs

Summary:

In 2018, the International Civil Aviation Organization (ICAO), adopted Safety Management Standards (SMS) and Recommended Practices (Annex 19) an industry consensus standard. The standard is recognized by the FAA (US), EASA (Europe), TCCA (Canada) and ANAC (Brazil) for voluntary adoption pending the addition of the standard in their regulations.

In April 2022 the Aerospace and Defense Industries Association of Europe (ASD), Aerospace Industries Association of America (AIA), Aerospace Industries Association of Brazil (AIAB), Aerospace Industries Association of Canada (AIAC) and the General Aviation Manufacturers Association (GAMA), published an update (issue B) to its previously published international industry standard: SM-0001 - “Implementing a Safety Management System in Design, Manufacturing and Maintenance organizations”.

SMS is the formal, top-down business-like approach to managing safety risk, which includes a systemic approach to managing safety, including the necessary organizational structures, accountabilities, policies and procedures. (Order VS 8000.367)

SMS for Design and Manufacturing Organizations

The Aircraft Certification Service (AIR) launched a Part 21/SMS Rulemaking Project in September 2014. This effort was led by the Policy and Innovation Division's System Performance and Development Branch (AIR-6E0). The Part 21/SMS Rulemaking project incorporates the ICAO Annex 19 requirement, which requires that design and production approval holders, for a product, have an SMS.

In addition to the Part 21/SMS Rulemaking Project, National Aerospace Standard NAS 9927, Safety Management Systems and Practices for Design and Manufacturing, was developed by the Aerospace Industries Association (AIA) and General Aviation Manufacturers Association (GAMA). The FAA has recognized NAS 9927 as meeting the intent of Annex 19 and 14 CFR Part 5.

The FAA has established a Voluntary SMS Program that allows the FAA to assess applicant voluntary SMS programs in accordance with the Standard or 14 CFR Part 5. NAS9927 is intended to enable United States (US) aviation design and manufacturing (D&M) organizations to voluntarily implement a SMS that is consistent with 14 CFR part 5, Safety Management Systems. For a voluntary SMS to be accepted by the FAA, the respective organization must demonstrate that the SMS satisfies the intent of part 5 in all important respects. Upon acceptance of an SMS program, AIR awards a letter stating the participating company has a SMS Program accepted by the FAA.

The FAA accepts NAS9927 as a basis for SMS recognition and will develop policy that will allow for an assessment of the processes and procedures of a Design and/or Manufacturers voluntary implementation of an SMS per Section 1 of the NAS9927.

SMS for maintenance organizations

Maintenance organizations certificated by the FAA do not yet have a mandatory requirement to implement a safety management system. However, a future (not yet drafted) revision to the Maintenance Annex Guidance (MAG) for the FAA-EASA bilateral will extend the requirement to U.S. repair stations with EASA approval. Organizations are encouraged to voluntarily participate and implement a program with FAA acceptance.

Effective Dec. 2, 2024, all EASA Part-145 approved maintenance organizations (i.e., those with certificates directly from EASA, not via a bilateral) must have implemented an SMS program.

A SMS program includes:

(1) Safety policy and objectives

• Management commitment and responsibility.

• Safety accountabilities.

• Appointment of key safety personnel.

• Coordination of emergency response planning.

• SMS documentation.

(2) Safety risk management

• Hazard identification.

• Safety risk assessment and mitigation.

(3) Safety assurance

• Safety performance monitoring and measurement.

• The management of change.

• Continuous improvement of the SMS.

(4) Safety promotion

• Training and education.

• Safety communication.

FAA/EASA TIP Rev. 7 (11.8.23 posting)

My initial review shows changes and additions to the TIP appendices.

Appendix A contains several agency identification changes like the FAA’s AIR-400 changed to AIR-040.

Appendix B added the EASA AMC20-20A to the listing.

Appendix E was updated to remove references to the UK (remember Brexit?).

Appendix G Part 26 was added specify CA approved data and FCS Lists which are automatically accepted as compliant.

Appendix H was added to provide a list of examples to help organiztions seeking certification to noise and emissions standards.

11.2.2023

Many people within the aerospace community do not realize the FAA, and other national airworthiness authorities, govern how organizations involved in the production of products and articles for use in commercial aircraft. This is a overview of the FAA regulations. Keep in mind other aviation authorities have similar regulations.

The Code of Federal Regulations Title 14, Aeronautics and Space are acts of Congress and are therefore legally binding and subject to enforcement under CFR § 21.2.

14 CFR Part 21, Certification Procedures for Products and Articles, prescribes the procedural requirements for issuing and changing design approvals; production approvals; airworthiness certificates; and airworthiness approvals. Part 21 also specifies the rules governing applicants for, and holders of, any approval or certificate specified in paragraph (a)(1) of this section, and the procedural requirements for the approval of articles.

The design of Products, which are defined as aircraft, engines and propellers, and articles defined as a material, part, component, process, or appliance must meet the FAA airworthiness standards. Finished products and articles must conform to the approved design and be in a condition for safe operation. The FAA approves the quality management system for organizations holding design approvals (Type Certificate, Supplemental Type Certificate, Technical Standard Order, and Part Manufacturing Approval) and those holding production approvals (Production Certificate, Technical Standard Order, and Part Manufacturing Approval). When an organization discovers malfunctions or defects in their product or article, they must report it to the FAA. The FAA can mandate design changes to correct unsafe conditions.

This past December, the FAA published its notice of proposed rulemaking (NPRM) “Drug and Alcohol Testing of Certificated Repair Station Employees Located Outside of the United States.” Comments on the proposal are due on Feb. 5, 2024. You can find the Notice at https://lnkd.in/epj5GR79

Almost anything can be counterfeited theses days. The accidental or intentional acquisition or manufacture of counterfeit parts directly opposes the industry’s safety objectives. Counterfeit parts compromise entire systems and can impact flight safety which threatens lives. The globalization of the aerospace industry complicates the objective of mitigating counterfeit parts.

There is a difference between having a suspected part and an actual counterfeit part. Just because a part is deemed suspect doesn’t mean it is counterfeit. An approved part is a material, part, component, that has been produced in accordance with regulatory requirements. A suspect part may be unintentionally nonconforming to the certified design requirements. Think of a product quality escape where manufacturing created a nonconforming characteristic that was not captured by the quality system. All counterfeit parts are intended to represent compliance with approved part design but are sold with the knowledge they are not approved. Think of parts bought as scrap and refurbished to appear airworthy.

FAA Order 8120.16 describes the FAA’s Suspect Unapproved Parts program.

There are many other industry standards and publication which address this issue.

SAE AS 5553D-2022: Counterfeit Electrical, Electronic, And Electromechanical (EEE) Parts; Avoidance, Detection, Mitigation, And Disposition was created to help avoid, detect, mitigate, and dispose of counterfeit parts. The standard outlines a counterfeit EEE parts control plan, and it also details personnel training, EEE parts availability, the purchasing process, purchasing information, and the verification of purchased EEE parts.

AS9100 is an internationally recognized Quality Management System (QMS) standard for the aerospace industry. It was developed to ensure that companies adhere to stringent, consistent requirements, thus ensuring safety and reliability in the aerospace industry. One of the critical requirements is the prevention of counterfeit parts, as detailed in clause 8.1.4. This clause is particularly relevant for quality assurance managers who are tasked with ensuring the authenticity and quality of parts used in aerospace manufacturing.

AS6081: Fraudulent/Counterfeit Electronic Parts: Avoidance, Detection, Mitigation, and Disposition - Distributors. This standard is designed specifically for organizations (typically AS9120 but can be applied to AS9100) who are not buying direct from the OEMs/OEMs 100% of the time.

Terms and Definitions

The FAA’s general definitions are available in their Dynamic Regulatory System 14 CFR Part 1: Dynamic Regulatory System (faa.gov)

Approved Part. The term “part” is contained in the definition of articles, (“a material, part, component, process, or appliance”) as defined in 14 CFR part 21.1. An approved part may be produced pursuant to § 21.8 or § 21.9 and is not restricted to FAA production approvals (e.g., PMA, TSO). (FAA Order 8120.16).

An Unapproved article is an article not meeting the requirements of an approved or acceptable article. (Order 8110.118).

Counterfeit Part. A type of “unapproved part” made or altered to imitate or resemble an “approved part” without authority or right, and with the intent to mislead or defraud by passing the imitation as original or genuine. Note: Counterfeit parts may be new parts that are deliberately misrepresented as being designed and produced under an approved system or other acceptable method even though they were not so designed and produced. (FAA Order 8120.16).

Commercial Part. Commercial part is defined in 14 CFR 21.1(b)(3). Commercial part is an article (part, component or possibly an appliance depending on the appliance, but not a material or process) that was originally approved through an FAA design approval and is listed on an FAA- approved commercial parts list included in the DAH’s ICA.

Standard Parts conform to established industry-wide or government specifications. These specifications stipulate the design, manufacturing and uniform identification requirements. The specifications are readily available to any persons or organizations who want to produce these articles. (FAA Order 8100.42)