Proposed amendment to Part 42 MOS to provide for Japan Civil Aviation Bureau (JCAB) arrangement - (CD 2201MS)

Closed 21 Apr 2022

Opened 4 Apr 2022

Contact

Airworthiness Standards

131757

regulatoryconsultation@casa.gov.au

Feedback updated 6 Jun 2022

We asked

We asked people to provide feedback on proposed amendments to the Part 42 MOS to include Japan as a recognised country for the purposes of aeronautical product maintenance. We also asked for feedback on a draft Advisory Circular (AC) which provides guidance to Approved Maintenance Organisations (AMOs) seeking approval under the Technical Arrangements on Aviation Maintenance (TA-M) between CASA and JCAB.  The consultation has now closed, and a summary of the feedback is provided below.

About this consultation

Prior to the consultation, CASA entered into a TA-M with JCAB limited to maintenance of aeronautical products. The consultation survey asked respondents whether they currently conducted maintenance of Japanese aeronautical products and whether the TA-M with JCAB would have an impact on their business.

Respondents were also asked to provide input on whether the draft AC provided suitable guidance and was fit for purpose.

You said

In total, there were 2 respondents to the consultation. Both requested their submissions remain confidential.

The responses received were from an aircraft operator and approved maintenance organisation, and an approved maintenance organisation.

Summary of feedback

One respondent requested the Note to section 7.2 of the proposed MOS amendment be changed to clearly state that only aeronautical products from Japanese AMOs approved under the TA-M were acceptable. Both respondents provided feedback on the draft AC highlighting areas for improvement including clearly describing the scope of the TA-M in the 'Purpose' section, documentation for acceptance on new products from Japan and the requirements for maintenance record keeping.

We did

Overall, respondents saw the TA-M as positive and generally did not object to the Part 42 MOS amendment. As a result, we will now undertake to make improvements to the proposed Part 42 MOS amendment and the draft AC.

Overview

The purpose of this consultation is to seek feedback on an amendment to the Part 42 Manual of Standards (MOS) to provide for the Japan Civil Aviation Bureau (JCAB) technical arrangement for maintenance.

An amendment to Japanese aviation legislation, commencing on 18 June 2022, will require any organisation performing maintenance on an aeronautical product, fitted to Japanese registered aircraft, to hold a Japanese maintenance organisation approval, or be approved under a Technical Arrangement for Maintenance (TA-M) with a foreign National Aviation Authority (NAA). 

The Japan Civil Aviation Bureau (JCAB) wrote to us in December 2020 seeking a TA-M.  We signed the TA-M with JCAB, for the maintenance of aeronautical products on 25 March 2022.  

The arrangement between Australia and Japan removes the need for Australian companies maintaining aeronautical products to be fitted to Japanese registered aircraft, to hold a Japanese maintenance approval and likewise for Japanese companies maintaining aeronautical products to be fitted to Australian registered aircraft, needing to hold an Australian Part 145 maintenance organisation approval.  

The proposed Part 42 MOS amendment

The proposed amendment will apply to Japanese approved maintenance organisations intending to carry out maintenance on aeronautical products to be fitted to Australian aircraft.

The proposed amendment will add Japan to sections 7.2 and 12.3.1 of the Part 42 MOS. 

Advisory circulars to support the proposed amendment

To support the addition of Japan to the list of specified countries in the Part 42 MOS, we propose to:

  • provide an Advisory Circular (AC) to assist Australian maintenance organisations, approved under Part 145, seeking approval under the TA-M.
  • Amend AC 20-02 – Recognised countries and international agreements and arrangements to include Japan.

Previous consultations

There has been no previous consultation on this matter.

Why your views matter

This consultation seeks feedback on the proposed amendment to the Part 42 MOS and the AC to support applicants seeking approval under the TA-M. 

We are consulting to ensure that the proposed amendments to the Part 42 MOS and the additional guidance provided in the draft AC are clearly articulated and will work in practice. Your feedback will make a valuable contribution to our standards development and making process and help to inform any future regulatory change.  Comments on the CD 2201MS should be submitted through the online response form. 

Documents for review

All documents related to this consultation are attached in the ‘related’ section at the bottom of the page. They are:

  • Summary of proposed change on CD 2201MS, which provides background on the proposed standards
  • Consultation Draft - Part 42 Manual of Standards Amendment Instrument 2022 (No. 1)
  • Draft AC 145-06 v1.0 – Implementation procedures for the technical arrangement on aviation maintenance between CASA and JCAB
  • Appendix A to AC 145-06 v1.0 - Copy of the signed  technical arrangement on aviation maintenance between JCAB and CASA (contained in draft AC 145-06 v1.0) 
  • MS Word copy of online consultation for ease of distribution and feedback within your organisation.   

Note: The MS Word document is not to be used as an emailed submission, unless there are extenuating circumstances and this form of submission has been agreed to by the consultation project lead.

It is important that you read the Summary of proposed change on CD 2201MS and associated consultation documents before providing your feedback in the online survey.

What happens next

At the end of the response period for public comment, we will review each comment and submission received. We will make all submissions publicly available on our website, unless you request your submission remain confidential. We will also publish a Summary of Consultation which summarises the feedback received, outlines any intended changes and details our plans for the regulation.

All comments received on the draft amendment to the Part 42 MOS and draft AC will be considered. Relevant feedback that improves upon the proposed amendment and draft AC and is consistent with the regulations and other CASA policy, will be incorporated into the final MOS amendment and final AC.

We have set a tentative date of 30 April 2022 to make the proposed amendment.

Audiences

  • CASA Staff
  • Air operators
  • Airworthiness organisations
  • Engineers
  • Aircraft owner/operator
  • Part 145 of CASR approved maintenance organisations (AMO)
  • Licensed aircraft maintenance engineers (LAME)
  • Aircraft maintenance engineers (AME)

Interests

  • Airworthiness/maintenance (CAR 30 and CASR Part 145 maintenance orgs)