Chapter IV - Mutual Cooperation and Technical Assistance
|Under the Agreement for the Promotion of Aviation Safety dated June 12, 2000 Between the Government of the United States of America and the Government of Canada
March 14, 2011
The FAA and the TCCA offices designated in Chapter 1, paragraph 1.5(a), shall meet regularly, but at least once per year, to discuss the technical implementation of the MIP. Discussions may address the resolution of technical issues, continued improvements to the process, ongoing projects, changes in their organizations, any revisions to their requirements (as notified in accordance with Chapter. I, paragraph. 1.3(c), technical assistance requests, and any other matters relating to the MIP. The frequency of these meetings will depend on the resources available to each authority, as well as the significance of any outstanding issues.
The FAA and the TCCA shall provide information and assistance regarding the maintenance and alterations or modifications to be performed under the terms of these implementation procedures, and shall develop appropriate publications and circulate these publications through their respective methods. The FAA and the TCCA shall:
(a) Inform the public of the terms of the MIP and any amendments or appendixes.
(b) Outline the regulatory requirements and special requirements necessary for persons to perform work under the terms of the MIP.
The FAA and the TCCA agree to provide technical evaluation assistance to each other, upon request, to further the purposes and objectives of the MIP. Such areas of assistance may include, but are not limited to:
(a) Performing surveillance and providing reports regarding continued compliance with the requirements described in this MIP by AMOs and AMEs in Canada and repair stations and mechanic certificate holders in the United States.
(b) Conducting and reporting on investigations at the request of the other authority.
(c) Obtaining and providing data for reports when requested.
The FAA and the TCCA shall provide each other with copies of regulations and documents concerning policies, guidance material, practices, and interpretations relevant to the MIP, and shall ensure that such documents are updated in a timely manner. In addition, any FAA or TCCA proposal to amend such documents shall be provided to the other authority for the opportunity to review prior to the amendment being effected, consistent with its national laws and administrative procedures.
To the extent permitted by its national laws and administrative procedures, each authority agrees to provide technical assistance to the other in efforts to establish and amend regulations, policies, guidance, practices, and interpretations relevant to this MIP.
When urgent or unusual situations develop that are within the scope of the MIP, but not specifically addressed, the FAA and the TCCA will review and consult and take appropriate action, including developing amendments or appendixes to the MIP as set forth in Chapter 1, paragraph 1.3.
(a) The FAA and the TCCA agree to notify each other promptly of any investigation into noncompliance by a repair station or AMO under the regulatory control of the other authority that could result in revocation, suspension, or penalty. The notification shall be sent to the other authority’s representative identified in Chapter 1, paragraph 1.5(a). The FAA and the TCCA agree that noncompliance will be corrected in a timely manner.
(b) The FAA and the TCCA retain the right to take enforcement action but, in some cases, an authority may choose to consider a remedial action taken by the other authority. The enforcement consultation process under this MIP will be subject to a regular joint review by the FAA and the TCCA.
(a) Proprietary Data. Both authorities recognize that certain data submitted by a repair station, certificated mechanic, AMO, or AME may be the property of that facility or another person and release of that data by the FAA or the TCCA is restricted. The FAA and the TCCA agree that they will not copy, release, or show proprietary data obtained from the other authority to anyone outside of the FAA or the TCCA without written consent of the owner of the proprietary data unless compelled to do so pursuant to a subpoena, in which case the affected party may seek a protective order or other such judicially recognized protection for proprietary data.
(b) Freedom of Information Act (FOIA) Requests. The FAA often receives requests from the public under the Freedom of Information Act (FOIA) to release information that the FAA may have in its possession. Any information that the FAA has in its possession must be disclosed under the FOIA unless it falls within certain exceptions, including trade secrets, or financial or commercial data that would be considered confidential or privileged. When the FAA receives such a request for the release of information related to an AMO or AME in Canada and covered by the MIP, the FAA will advise the TCCA of any information received from the TCCA and submitted to the FAA that might be released. The FAA also may request the TCCA’s assistance, in cooperation with the AMO or AME, in determining if the information submitter would object to release and which portions of the information received from the submitter or generated by the TCCA might be withheld under the FOIA exceptions, if any.
(c) Access to Information and Privacy Act (ATIP) Requests. The TCCA often receives requests from the public through the Access to Information and Privacy Acts (ATIP) to release information in its possession. Any information that the TCCA has in its possession must be disclosed under the Access to Information Act unless it falls within certain exceptions, including information covered by the Privacy Act, trade secrets, or financial or commercial data that would be considered confidential or privileged. When the TCCA receives such a request for the release of information related to a repair station or certificated mechanic located in the United States and covered by the MIP, the TCCA will advise the FAA of any information received from the FAA and submitted to the TCCA that might be released. The TCCA also may request the FAA’s assistance, in cooperation with the repair station, in determining if the information submitter would object to release and which portions of the information received from the submitter or generated by the FAA might be withheld under the ATIP exceptions, if any.
When the FAA or the TCCA needs information regarding repair stations, certificated mechanics, AMOs, or AMEs for the investigation of accidents or incidents involving civil aeronautical products, the request for information should be directed to the office identified in Chapter 1, paragraph 1.5(a). In turn, upon receipt of the request for information, the other authority will provide the requested information in a timely manner.
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