InFO 13011: Improper use of Embraer Technical Dispositions (ETD) as a Return to Service Document, Without Substantiating Acceptable Data.

Distributed by: Flight Standards

http://www.faa.gov/other_visit/aviation_industry/airline_operators/airline_safety/info/all_infos____________ An InFO contains valuable information for operators that should help them meet certain administrative, regulatory, or operational requirements, with relatively low urgency or impact on safety. The contents of this document do not have the force and effect of law and are not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.

Subject: Improper use of Embraer Technical Dispositions (ETD) as a Return to Service Document, Without Substantiating Acceptable Data.

Purpose: This InFO advises owners and operators of Embraer aircraft operating under Title 14 of the Code of Federal Regulations (14 CFR) parts 121 and 135, that returning aircraft to service with an ETD that does not have an accompanying Agência Nacional de Aviação Civil (ANAC) Form F-106-06, may be contrary to 14 CFR parts 43, 121 and 135 requirements.

Background: The Bilateral Aviation Safety Agreement/Maintenance Implementation Procedures (BASA/MIP) allows the ANAC Form F-106-06 to be used by owners and operators of Embraer Aircraft as an equivalent to Federal Aviation Administration (FAA) Form 8110-3. However, Embraer does not issue an ANAC Form F-106-6 with every ETD. For ETDs that do not include an accompanying ANAC Form F-106- 06, the operator must provide sufficient Substantiating Data to ensure the airworthiness of the aircraft.

Discussion: An ETD with an accompanying ANAC Form F-106-06 is considered Approved Data. An ETD without an accompanying ANAC Form F-106-06 is considered by the FAA to be a ‘No-Technical Objection’ to a technical issue. The ETD does not, on its own, constitute acceptable data or a return to service document. An ETD without an accompanying ANAC Form F-106-06 is not data substantiating a change to allowable in-service damage limits without repair, nor is it an approval to operate an aircraft with missing or inoperative equipment not expressly allowed in the Minimum Equipment List (MEL)/ Configuration Deviation List (CDL) procedures.

For the data contained in the ETD to be acceptable for a change to in-service damage limits, without an accompanying ANAC Form F-106-06, it should consist primarily of technical data that substantiates how the disposition / instructions in the ETD meet applicable airworthiness standards. As stated in Advisory Circular (AC) 120-77:

“Substantiating data is technical data used to establish that the aircraft or other article, if repaired or altered using the instructions that the substantiating data supports, would be returned to its original or properly altered condition in accordance with section 43.13(b). The operator is responsible for showing that any substantiating data is directly related to the change that is being evaluated. This is especially important when it is necessary to substantiate a change using service experience, maintenance and alteration experience, and reliability data.”

Recommended Action: Operators should ensure maintenance personnel are aware that an ETD is not considered approved data without an accompanying F-106-06, and is not considered acceptable data without accompanying substantiating data. Operators should coordinate questions regarding the proper use of ETD’s without an accompanying ANAC Form F-106-06, with their appropriate flight standards office.

Contact: Direct questions or comments regarding this InFO to the Aircraft Evaluation Division, Air Carrier Branch at 9-AVS-AFS-100@faa.gov.

InFOInformation for Operators

U.S. Department

of Transportation

Federal Aviation

Administration

InFO 13011

DATE: 11/04/13

Flight Standards Service

Washington, DC