INTERNATIONAL CIVIL
AVIATION ORGANIZATION (ICAO)
AND
Prepared by AIR-4
April 1999
PREFACE
Mary Cheston
Manager, International Airworthiness Programs Staff
ii
TABLE OF CONTENTS
TOPIC PAGE
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International Civil Aviation Organization - ICAO
What are the aims and objectives of Article 44 of the Convention states that
ICAO? the aims and objectives of ICAO are to
develop the principles and techniques
of international air navigation and to
foster the planning and development of
international air transport.
How does the FAA interface with The U.S. participates directly in most
ICAO? aspects of ICAO. The U.S. maintains a
permanent U.S. Mission at ICAO
Headquarters in Montreal and
participates in all technical panels and
most global and regional meetings.
ASSEMBLY
185 Contracting States
Meet Triennially
Council
33 Elected States
Resident in Montreal Special Technical Committees
President CAEP
Dr. Assad Kotaite Mr. James Erickson
U.S. Representative
(Vacant)
Air Navigation
Committee on Joint Committee on
Commission Personnel
Support of Air Unlawful
US Member Committee
Navigations Service Interference
Frank Price
ICAO Secretariat
What are Annexes? Over the years, the ICAO Council has
developed and adopted 18 technical
Annexes to the Convention. Article 37
of the Convention charges ICAO with
establishing International Standards
and Recommended Practices
(SARP’s). These SARP’s are
incorporated as Annexes to the
Convention. A Standard is a
specification the uniform application of
which is necessary for the safety or
regularity of international civil air
navigation. A Recommended Practice
is a practice that is agreed to be
desirable but not essential.
Annex 10 – Aeronautical
Telecommunications. Standardization
of communications equipment,
systems, and procedures.
Annex 14 – Aerodromes.
Specifications for the design and
operations of aerodromes.
What are the most relevant Annexes Annexes 6, 8, 10, 13, and 16 are most
to aircraft certification? relevant to the Aircraft Certification
Service (AIR). Annex 8, Airworthiness
of Aircraft, is the baseline for
international certification of products
and of greatest interest to AIR.
ICAO defines the rights and obligations of its member States using very
specific terms. The following is a definition of these categories of States.
• Determines an aircraft’s
continuing airworthiness;
• Ensures an aircraft’s continued
airworthiness during its service
life;
“A Contracting State shall not issue The U.S. national airworthiness code is
or render valid a Certificate of Title 14 of the Code of Federal
Airworthiness ... unless the aircraft Regulations (CFR), the Federal
complies with a comprehensive and Aviation Regulations.
detailed national airworthiness code
established for that class of aircraft Issuance of a Standard Airworthiness
by the State of Registry or by any Certificate in the U.S. first requires a
other Contracting State. This U.S. Type Certificate. In order to
national code shall be such that receive a Type Certificate under 14
compliance with it will ensure CFR §§ 21.21 or 21.29, the applicant
compliance with ... the Standards ... must meet the requirements of the
of this Annex ... Where the design applicable U.S. Federal Aviation
features of a particular aircraft Regulations.
render any of the Standards ...
inapplicable or inadequate, “The FAA does not issue airworthiness
variations ... may be made.” (Annex certificates, nor grant approvals, for
8, Part II, Paragraph 2.2) aeronautical products manufactured in
a State with which the U.S. does not
have a bilateral agreement for the
kinds of products concerned.” (See
FAA Advisory Circular 21-23.)
Each aircraft shall be provided with 14 CFR § 91.9(b) states that “No
a flight manual, placards, or other person may operate a U.S. registered
documents stating the approved civil aircraft ... unless there is available
limitations within which the aircraft in the aircraft a current, approved
is considered airworthy ... and [Aircraft] Flight Manual ...” Additionally,
additional instructions and the [Aircraft] Flight Manual must
information necessary for the safe contain “Other information that is
operation of aircraft. (Annex 8, Part necessary for safe operation because
II, Paragraph 8) of design, operation, or handling
characteristics.” (See 14 CFR §§
23.1581, 25.1581, 27.1581, and
29.1581.)
Any ... State which has entered on For aircraft designed outside the U.S.,
its register an aircraft [for which it] is the FAA publishes AD’s when an
not the State of Design and for which unsafe condition is found and prohibits
it has issued or validated a operation of an aircraft in the U.S.
Certificate of Airworthiness ... shall without compliance to all appropriate
ensure the transmission to the State AD’s. U.S. AD’s for foreign products
of Design of all mandatory are sent first to the State of Design and
continuing airworthiness information then to other interested parties.
[regarding] that aircraft. (Annex 8,
Part II, Paragraph 4.2.4)
The State of Registry shall ensure Aircraft operators are required to notify
that [for aircraft] over 5,700 kg ... the FAA of any failures, malfunctions,
there exists a system whereby or defects under 14 CFR §§121.703
information on faults, malfunctions, and 121.705.
defects and other occurrences [that]
might cause adverse effects on the The FAA requires all holders of Type
continuing airworthiness of the Certificates, Supplemental Type
aircraft is transmitted to the Certificates, Parts Manufacturer
organization responsible for the type Approvals or Technical Standard Order
design ... (Annex 8, Part II, Paragraph authorizations (regardless of aircraft
4.2.5) weight) to submit any failure,
malfunction, or defect in their products,
parts, processes or articles as
described in 14 CFR § 21.3.
When a State of Registry renders The FAA does not “render valid a
valid a Certificate of Airworthiness Certificate of Airworthiness issued by
issued by another ... State, as an another Contracting State.” Rather,
alternative to issuance of its own the FAA issues its own Certificate of
Certificate of Airworthiness, it shall Airworthiness. See 14 CFR § 21.173.
establish validity ... (Annex 8, Part II,
Paragraph 5.2.)
Each ... State shall establish, [for] Service information that must be
aircraft over 5,700 kg maximum reported is identified in 14 CFR § 21.3.
certificated take-off mass, the type Procedures are contained in Order
of service information that is to be 8010.2, “Flight Standards Service
reported ... by operators, Difficulty Program.”
organizations responsible for type
design and maintenance
organizations. Procedures for
reporting this information shall also
be established. (Annex 8, Part II,
Paragraph 4.2.8)
The State of Design of an aircraft The FAA shares its AD’s with all
shall transmit any generally bilateral partner countries.
applicable information ... for the
continuing airworthiness ... and for The FAA has filed an official difference
the safe operation ... to every ... to this paragraph with ICAO: “The
State which has ... advised the State United States transmits mandatory
of Design that it has entered the continuing airworthiness information to
aircraft on its register; and ... to any those States that request it .”
other ... State upon request. (Annex
8, Part I, Paragraph 4.2.2)
The State of Design shall ensure The FAA meets the requirements for a
that, [for airplanes] over 5,700 kg structural integrity program by requiring
maximum certificated take-off mass, all new aircraft to be certified with
there exists a continuing structural Instructions for Continued
integrity programme to ensure the Airworthiness. Older aircraft are
airworthiness of the [airplane]. The handled through the FAA’s aging
programme shall include specific aircraft program.
information concerning corrosion
prevention and control. (Annex 8, The FAA has filed an official difference
Part II, Paragraph 4.2.7) with ICAO regarding corrosion. “At this
time, the United States does not
require that the continuing structural
integrity programme contain specific
information concerning corrosion
prevention and control.” However,
corrosion is addressed during initial
certification in the “Protection of
Structure.” (See 14 CFR §§ 23.609,
25.609, 27.609, and 29.609.)
Maintenance tasks and frequencies The FAA requires each applicant for
that have been specified as Type Certification to prepare
mandatory by the State of Design in Instructions for Continued
approval of the type design shall be Airworthiness. These instructions must
identified as such. (Annex 8, Part III, include “an inspection program that
Paragraph 10.4) includes the frequency and extent of
the inspections necessary to provide
for the continued airworthiness of the
[aircraft].” (See 14 CFR §§21.50,
23.1529, 25.1529, 27.1529, and
29.1529.)
Where the State of Manufacture ... is Whenever the U.S. is only the State of
other than the State of Design there Manufacture or the State of Design
shall be an agreement acceptable to (e.g., Bell Helicopter Model 407), a
both States to ensure that the working arrangement is concluded with
manufacturing organization co- the other responsible aviation authority
operates with the organization to ensure continued airworthiness
responsible for the type design in responsibilities are defined.
assessing information received on
experience with operating the
aircraft. (Annex 8, Part II, Paragraph
4.2.9)
The State of Registry and the State The FAA participates in major foreign
of the Operator shall provide the accident investigations as an advisor to
State of Occurrence with any the U.S. accredited representative
relevant information regarding the appointed by the NTSB.
aircraft and flight crew involved in
the accident or serious incident.
Each State shall also inform the
State of Occurrence whether it
intends to be represented at the
investigation. (Annex 13, Paragraph
4.5)
In February 1997 ICAO defined its Strategic Action Plan for global aviation safety.
This was the first comprehensive reevaluation of ICAO’s mission since the signing
of the Chicago Convention in 1944. ICAO’s work programme is to be integrated
with this Strategic Action Plan. The U.S. advocates ICAO’s being proactive in its
safety role and supports this definition of ICAO’s priorities in international aviation
safety.
What happens to the results of a The interim and final audit reports are
safety oversight assessment? confidential. Only the assessed State
can disclose all or any part of the
reports to a third party. ICAO provides
summary reports of audits to other
Contracting States on request.
When will the U.S. implement Article The FAA needs statutory authority in
83 bis? order to implement the provisions of
Article 83 bis. Once such authority is
provided by Congress, the FAA will
develop the rule changes, procedures
and guidance material for the
implementation of 83 bis. Once these
are completed, aircraft owners will be
able to voluntarily request participation
under Article 83 bis. To participate
under the U.S. implementation of 83
bis, states requested to participate by
the aircraft owner will have to have an
existing bilateral agreement with the