Common use of Unsafe Condition and Mandatory Continuing Airworthiness Actions Clause in Contracts

Unsafe Condition and Mandatory Continuing Airworthiness Actions. ‌ (a) The FAA (under 14 CFR Part 39) and DGAC (under NOM-039-SCT3-2001 AD’s Compliance, NOM-060-SCT3-2001, Defects and Failures), agree to perform the following functions for the products, appliances, and parts for which it is the State of Design (exporting authority): (1.) Issuing a mandatory continuing airworthiness action (Airworthiness Directive) whenever the authority determines that an unsafe condition exists in a type certificated product or appliance, and is likely to exist or develop on a type certificated product or appliance of the same type design. This may include a product or appliance that has another product, part, or appliance installed on it and the installation causes the unsafe condition. The contents of such a mandatory continuing airworthiness action should include, but are not limited to, the following: (i.) Make, model, and serial numbers of affected aircraft, aircraft engines, propellers, appliances, and parts; (ii.) Description of the unsafe condition, reasons for the mandatory action, and its impact on the overall aircraft and continued operation; (iii.) Description of the cause of the unsafe condition (e.g., stress corrosion, fatigue, design problem, quality control, unapproved part); (iv.) The means by which the unsafe condition was detected and, if resulting from in-service experience, the number of occurrences; and (v.) Corrective actions and corresponding compliance times, with a list of the relevant manufacturer’s service information including reference number, revision number and date. (2.) Ensuring that the following information is provided to the other authority as part of the mandatory continuing airworthiness action or directly from the approval holder: (i.) The number of aircraft world-wide needing corrective action; (ii.) A statement on the availability of parts; and (iii.) An estimate of the number of labor hours and the cost of parts required for the corrective actions. (3.) Issuing a revised or superseding mandatory continuing airworthiness action whenever the exporting authority finds any previously issued mandatory continuing airworthiness action was incomplete or inadequate to fully correct the unsafe condition. (4.) Notifying the importing authority of the unsafe condition and the necessary corrective actions by submitting a copy of the mandatory continuing airworthiness action at the time of publication to the address referenced in 3.3.0.1(c) above. (5.) In the case of emergency airworthiness information, the exporting authority should ensure special handling so that the importing authority is notified in advance of the anticipated emergency action. (6.) Advising and assisting the importing authority in defining the appropriate actions for the importing authority to take in the issuance of its own mandatory continuing airworthiness action. (7.) Providing sufficient information to the importing authority for its use in making determinations as to the acceptability of alternative means of compliance to mandatory continuing airworthiness actions. (b) The FAA and DGAC recognize that they may disagree as to the finding of an unsafe condition. In that case, it is expected that the importing authority will normally consult with the authority of the State of Design (exporting authority) prior to issuing its own airworthiness directive. (c) The FAA and DGAC, as importing authorities, agree to respond quickly to the issuance of a mandatory continuing airworthiness action by the exporting authority in making its own determination of the need for issuing its own similar mandatory continuing airworthiness action that addresses all unsafe conditions on affected products or appliances certified, approved or otherwise accepted by the importing authority.

Unsafe Condition and Mandatory Continuing Airworthiness Actions. ‌ (a) The FAA (under 14 CFR Part part 39) and DGAC the DGCA (under NOM-039-SCT3-2001 AD’s Compliance, NOM-060-SCT3-2001, Defects CAR 21.3B and Failures), CAR- M) agree to perform the following functions for the products, appliances, and parts for which it is the State of Design (exporting authority): (1.) Issuing a mandatory continuing airworthiness action (Airworthiness Directive) whenever the authority determines that an unsafe condition exists in a type certificated product or appliancearticle, and is likely to exist or develop on a type certificated product or appliance article of the same type design. This may include a product or appliance article that has another product, part, product or appliance article installed on it and the installation causes the unsafe condition. The contents of such a mandatory continuing airworthiness action should include, but are not limited to, the following: (i.i) Make, model, and serial numbers of affected aircraft, aircraft engines, propellers, appliances, and partsarticles; (ii.) Description of the unsafe condition, reasons for the mandatory action, and its impact on the overall aircraft and continued operation; (iii.) Description of the cause of the unsafe condition (e.g., stress corrosion, fatigue, design problem, quality control, unapproved part); (iv.) The means by which the unsafe condition was detected and, if resulting from in-service experience, the number of occurrences; and (v.v) Corrective actions and corresponding compliance times, with a list of the relevant manufacturer’s service information including reference number, revision number and date. (2.) Ensuring that the following information is provided to the other authority as part of the mandatory continuing airworthiness action or directly from the approval holder: (i.i) The number of aircraft world-wide needing corrective action; (ii.) A statement on the availability of parts; and (iii.) An estimate of the number of labor hours and the cost of parts required for the corrective actions. (3.) Issuing a revised or superseding mandatory continuing airworthiness action whenever the exporting authority finds any previously issued mandatory continuing airworthiness action was incomplete or inadequate to fully correct the unsafe condition. (4.) Notifying the importing authority of the unsafe condition and the necessary corrective actions by submitting a copy of the mandatory continuing airworthiness action at the time of publication to the address appropriate location referenced in 3.3.0.1(c) above. (5.) In the case of emergency airworthiness information, the exporting authority should ensure special handling so that the importing authority is notified in advance of the anticipated emergency actionimmediately. (6.) Advising and assisting the importing authority in defining the appropriate actions for the importing authority to take in the issuance of its own mandatory continuing airworthiness action. (7.) Providing sufficient information to the importing authority for its use in making determinations as to the acceptability of alternative means of compliance to mandatory continuing airworthiness actions. (b) The FAA and DGAC the DGCA recognize that they may disagree as to the finding of an unsafe condition. In that case, it is expected that the importing authority will normally consult with the authority of the State of Design (exporting authority) prior to issuing its own airworthiness directive. (c) The FAA and DGACthe DGCA, as importing authorities, agree to respond quickly to the issuance of a mandatory continuing airworthiness action by the exporting authority in making its own determination of the need for issuing its own similar mandatory continuing airworthiness action that addresses all unsafe conditions on affected products or appliances articles certified, approved or otherwise accepted by the importing authority.

Unsafe Condition and Mandatory Continuing Airworthiness Actions. ‌ (a) The FAA CAAC (under 14 CFR Part subject to CCAR 39) and DGAC IAC (under NOM-039-SCT3-2001 AD’s Compliance, NOM-060-SCT3-2001, Defects and Failures), subject to AP-39) agree to perform the following functions for the products, appliances, products and parts appliances for which it is the State of Design (exporting authority):: (1.) Issuing a mandatory continuing airworthiness action (Airworthiness Directive) whenever the authority determines that an unsafe condition exists in a type certificated product product, or appliance, and is likely to exist or develop on a type certificated product or appliance of the same type design. This may include a product or appliance that has another product, part, product or appliance installed on it and the installation causes the unsafe condition. The contents of such a mandatory continuing airworthiness action should include, but are not limited to, the following: (i.i) Make, model, and serial numbers of affected aircraft, aircraft engines, propellers, appliances, product and partsappliance; (ii.) Description of the unsafe condition, reasons for the mandatory action, and its impact on the overall aircraft and continued operation; (iii.) Description of the cause of the unsafe condition (e.g., stress corrosion, fatigue, design problem, quality control, suspected unapproved part); (iv.) The means by which the unsafe condition was detected and, if resulting from in-in- service experience, the number of occurrences; and; (v.v) Corrective actions and corresponding compliance times, with a list of the relevant manufacturer’s 's service information including reference number, revision number and date.; (2.) Ensuring that the following information is provided to the other authority as part of the mandatory continuing airworthiness action or directly from the approval holder: (i.i) The number of aircraft world-wide needing the corrective action; (ii.) A statement on the availability of parts; and (iii.) An estimate of the number of labor hours and the cost of parts required for the corrective actions. (3.) Issuing a revised or superseding mandatory continuing airworthiness action whenever the exporting authority finds any previously issued mandatory continuing airworthiness action was incomplete or inadequate to fully correct the unsafe condition. (4.) Notifying the importing authority of the unsafe condition and the necessary corrective actions by submitting a copy of the mandatory continuing airworthiness action at the time of publication to the address referenced in 3.3.0.1(c3.4.0.l(c) above. (5.) In the case of emergency airworthiness information, the exporting authority should ensure special handling so that the importing authority is notified in advance of the anticipated emergency actionimmediately. (6.) Advising and assisting the importing authority in defining the appropriate actions for the importing authority to take in the issuance of its own mandatory continuing airworthiness action. (7.) Providing sufficient information to the importing authority for its use in making determinations as to the acceptability of alternative means of compliance to mandatory continuing airworthiness actions. (8) On a quarterly basis, providing the importing authority a summary index list of mandatory continuing airworthiness actions issued by the exporting authority for products exported to the state of import. (b) The FAA CAAC and DGAC IAC recognize that they may disagree as to the finding of an unsafe condition. In that case, it is expected that the importing authority will normally consult with the authority of the State of Design (exporting authority) prior to issuing its own airworthiness directive. (c) The FAA CAAC, the IAC and DGACthe MTRF, as importing authorities, agree to respond quickly to the issuance of a mandatory continuing airworthiness action by the exporting authority in making its own determination of the need for issuing its own similar mandatory continuing airworthiness action that addresses all unsafe conditions on affected products or appliances certified, approved or otherwise accepted by the importing authority.