Perguntas Frequentes de Organizações de Manutenção Estrangeiras (Foreign Maintenance Organizations frequently asked questions - FAQ)

In accordance with the provisions of paragraph 43.17(b)-I of the Brazilian Civil Aviation Regulation nr. 43 (RBAC 43), a foreign maintenance organization not certified by ANAC may perform maintenance, preventive maintenance, rebuilding, alterations and approve to return to service aeronautical parts (not included complete aircraft, complete engine and complete propeller) to be installed on Brazilian registered aircraft, since the conditions specified in the referenced requirement are met. 

To address the condition required by 43.17 (b)–I(1), ANAC has issued the ordinance documents “Portaria ANAC N° 3109/SAR from DEC/24/2014”, “Portaria ANAC N° 3166/2014 from DEC/29/2014”, “Portaria ANAC  N° 1146/SAR from APR/27/2020” and “Portaria ANAC  N° 3845/SPO from DEC/23/2020”  which state, respectively, that the regulatory system of aircraft maintenance functions maintained by the Federal Aviation Administration (FAA), by the European Aviation Safety Agency (EASA), Transport of Canada Civil Aviation (TCCA) and Civil Aviation Authority (CAA-UK) are compatible with the system maintained by ANAC in Brazil. 

Considering the points exposed above, it is not required to a foreign maintenance organization obtain an ANAC-Brazil certification, in accordance with the provisions of the requirement 43.17(b)-I of RBAC 43 and issued ordinances. It is important to consider that this certification exemption applies only to maintenance organizations whose local civil aviation authorities are the FAA, TCCA, NAA of countries that are EASA Member States and CAA-UK. 

It is important to note that, considering the provisions of paragraphs 43.17 (b) -I and 145.51 (c) (1) that ANAC certification is not required for maintenance organizations (MO) located in the USA, EASA members states, Canada and UK that provide component services, and ANAC will not issue Operating Specifications with components, will not accept Capacity List with components, and will not accept Supplements with procedures related to services and approval for return to service of components for these MO. ANAC considers, for these MOs working on components of Brazilian operators, that the capacity certified by the local authority, as well the procedures provided in its manuals, must be followed. This is valid for MOs certified only in components or those that are also certified in aircraft, engine or propeller. Therefore, the Dual Release (Under ANAC and local authority certifications) for components will not be necessary and in due course the MOs Agreements will be revised to reflect this.

We emphasize that foreign maintenance organizations, regardless of their local civil aviation authority, that aims to perform maintenance and provide return to service for aircraft (airframe), engine and propeller must be certified in accordance with RBAC 145, directly by ANAC or in accordance with agreements in place. For a foreign maintenance organization to be allowed to work on Brazilian components it needs to be one of the following:

• Certified by the ANAC;

• Certified by the FAA where the FAA is the local aviation authority;

• Certified by the EASA where the NAA, member of EASA, is the local aviation authority

• Certified by the TCCA where the TCCA is the local aviation authority;

• Certified by the CAA-UK where the CAA-UK is the local aviation authority;

2. What are the Authorized Release Certificates -ARC acceptable for installing a component (on aircraft or on a higher assembly) and releasing associated maintenance under ANAC RBAC 145 regulation?

The table below presents a summary the ARC (ANAC Form F-100-01(also referred as Form SEGVOO 003), FAA Form 8130-3, EASA Form 1, TCCA Form One, …) acceptable to an ANAC RBAC 145 certified organization (or another person authorized by the RBAC 43) to install, depending on where such organisation is located and from which regulatory system the component is coming.

3. Can Certified Class Ratings and Capabilities of a Brazilian Foreign Maintenance Organization be beyond the certification scope of local Civil Aviation Authority?

 No. ANAC only certifies ratings and capabilities for a foreign maintenance organization when there is a valid certification for applied capability issued or accepted by the local Civil Aviation Authority – CAA.

4. Is it possible to get the Brazilian 145 certification for secondary bases / satellite stations / line stations / geographic authorizations in addition to the certification of main base (or principal address of the Maintenance Organization)?

Yes. We have to audit each location in order to issue an ANAC 145 Operation Specification (Ops Specs) for each of them. ANAC issues one RBAC 145 certificate for the main facility of MO and one Operations Specifications – Ops Specs for each location, once they are under the same quality control system and procedures. The certificate 24-month validity period will take in consideration the date of the last audit carried out on a base (main or secondary) of the MO.

5. Must the person required to have reading knowledge of the Portuguese language be an employee of the Maintenance Organization – MO?

No. The Maintenance Organization – MO shall have a designated person who shall be able to read and have basic comprehension of the Portuguese language. This person must be identified by the MO and must be available for immediate consultation whenever it is necessary, especially when Brazilian regulations need to be interpreted, as in the case of Brazilian Airworthiness Verification Certificate – CVA (former Annual Maintenance Inspection - IAM).

6. Is there an English version of RBAC 145 or a cross reference between EASA Part 145 or FAA 14 CFR 145 (or other CAA regulation) articles and RBAC 145 identifying the commonality/equivalency and the basis for the special conditions?

No. The best way for better understanding the Brazilian special conditions and requirements is to use the IS 145-002 as a reference (Access regulations in ANAC´s Digital Library). 

7. If the aircraft is not certified in Brazil, is it possible to include the type/model on ANAC 145 Maintenance Organization Certificate (COM)?

No. A list of products that received the Brazilian type certificate and a list of products for which a foreign type certificate was recognized in Brazil are available at https://sistemas.anac.gov.br/certificacao/Produtos/EspecificacaoE.asp   and    https://sistemas.anac.gov.br/certificacao/Produtos/IsentosE.asp.

8. Major alterations, e.g.: approved by Supplemental Type Certificates – STC, must be Brazilian approved before being eligible to be installed on Brazilian operated products?

Yes, the major alterations must be Brazilian approved in order to be installed on Brazilian operated products (aircraft, engines, propellers and components installed on Brazilian registered aircraft), for example, STC´s must be validated to Brazilian STC (“Certificado Suplementar de Tipo - CST”). Additional information can be found in Supplemental Instruction IS 21-010 (https://www.anac.gov.br/assuntos/legislacao/legislacao-1/iac-e-is/is/is-21-010b) and Inspector´s Manual MPR 900.04; Chapter 9, item 1186(d) (http://www2.anac.gov.br/certificacao/MPR/Textos/MPR-900.04-005-P.pdf).

9. How are repair specifications accepted / approved?

When a repair is considered a major repair, in accordance with the criteria used/accepted by the Brazilian operator of the aircraft/product, the technical data to be used on this repair must be approved. This is done via a letter from the ANAC or on item 3 of form F-400-04 (SEGVOO 001) or in another format where ANAC or a designee makes a statement for that. See Procedures Manual MPR 900.04 (http://www2.anac.gov.br/certificacao/MPR/Textos/MPR-900.04-005-P.pdf) item 4-1186(d) for complete list of technical data considered approved by ANAC.

10. Are the requirements of RBAC 120 (Alcohol/drugs preventive program) applicable to foreign maintenance organizations - MO?

No, the requirements of the RBAC 120 (Alcohol/drugs preventive program) are not applicable to foreign maintence organizations - MO certificated by ANAC in accordance with RBAC 145. The RBAC120 Amendment 3, at section 120.1,  states that the applicability of RBAC 120 for holders of RBAC145 certificates is limited to MO located in Brazilian territory that approve for return to service aircraft involved in operations governed by RBAC121 or RBAC135.

11. Can the supplement to the MOM be in the national language?

In case of the original MOM (Maintenance Organization Manuals necessary to certification) is not published in English or Portuguese, an English or Portuguese copy of the MOM must be supplied. The Brazilian MOM Supplement can be also supplied in English or Portuguese.

12. What are the steps for Initial Certification and Certificate Renewal of a foreign maintenance organization - MO?

• Step 1 - The MO will upload the documents prescribed in IS 145-002 on SEI electronic protocol system. Send a message to foreign145@anac.gov.br, to get orientations of the use of the ANAC protocol system (SEI). 
• Step 2 -  The Foreign 145 inspectors will review the documentation sent and report to the MO if any document is missing.
• Step 3 - When all the documents are present, and the payment is confirmed, two inspectors will be designated to perform a deep analysis of the documents, to report any outstanding issue to the MO and to perform the onsite audit.
• Step 4 - The audit is performed and if any discrepancy is reported during it, it must be closed before the certificate is issued.
• Step 5 - The certificate is issued and sent by mail to the MO with 2 year-long expiration date.

13. What are the steps for Certificate Renewal of a foreign maintenance organization located in the USA – MO that has the FAA as the local civil aviation authority (only for MO with certificate that include airframes, engines or propellers capabilities – see the first FAQ above)?

• Step 1 - The MO may upload the documents prescribed in IS145-002 on SEI electronic protocol system. Send a message to foreign145@anac.gov.br, to get orientations of the use of the ANAC protocol system (SEI). 
• Step 2 - The Foreign 145 inspectors will review the documentation sent and report to the MO if any document is missing. 
• Step 3 - When all the documents are present, and the payment is confirmed, The inspector will perform a deep analysis of the documents, report any outstanding issue to the MO. It must be closed before the certificate is issued. No onsite audit will be performed
• Step 4 - The certificate is issued and sent by mail to the MO with 2 year-long expiration date.