The case I remember reading was an NTSB decision, without stating or
referencing any precedent, that stated a manufacturer could include, by
reference, Service Bulletins into their overhaul manuals. So if an overhaul
manual referred to an SB, compliance of the SB actually became part of the
overhaul procedure and therefore mandatory at OVERHAUL. (which would make a
blanket statement of "must comply with all SB's" posted at the end of an
overhaul manual pretty spooky) But this was an NTSB case against an A&P,
not an FAA case. To my knowledge, Part 43 Appendix D doesn't include
compliance with manufacturer's SB's in the scope and detail of either a 100
hour or annual inspection, and all the FSDO inspectors or training personnel
in the world can't make that ink magically appear. I'd like to know if the
FAA ever issued an opinion or agreed/disagreed with the NTSB.
This may be one of those "OJ" situations... FAA says your A&P didn't commit
a crime, but the NTSB finding gives the family of the deceased enough
ammunition to secure your lifetime position in the poor house.
The continued airworthiness statement is most often seen in STC's where a
manufacturer submits it's methods of continued airworthiness to the FAA and
if the FAA agrees, they sign off on it and it becomes part of the STC.
Without an FAA sign off on "methods of continued airworthiness" I see no
authoritative confirmation that these methods meet the requirements of the
FAA, although the manufacturer may insist that they do. Imagine a
manufactoers "MoCA" that happend to be directly contrary to current FAR's or
proper safety practices. Now who is right? The manufactorer and his SB? or
the FAA with it's FARs, ADs, and ACs?
Jim
wrote in message
...
Newps wrote:
: Yes and the FAA has already come out stating what we all believed in the
: first place. A manufacturer cannot force a part 91 operator to replace
: on a certain schedule no matter what the wording of a service bulletin
: or any other documents by the manufacturer.
Where has the FAA said this? If there's something offically said about
it, all I'd have to do is
find it. 
-Cory
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* Cory Papenfuss, Ph.D., PPSEL-IA *
* Electrical Engineering *
* Virginia Polytechnic Institute and State University *
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