Section 121.367 14 CFR Ch. I (1-1-19 Edition) each person with whom it arranges for the performance of that work must have an organization adequate to perform that work. (c) Each person performing required inspections in addition to other maintenance, preventive maintenance, or alterations, shall organize the performance of those functions so as to separate the required inspection functions from the other maintenance, preventive maintenance, and alteration functions. The separation shall be below the level of administrative control at which overall responsibility for the required inspection functions and other maintenance, preventive maintenance, and alteration functions are exercised. [Doc. No. 6258, 29 FR 19210, Dec. 31, 1964, as amended by Amdt. 121-3, 30 FR 3639, Mar. 19, 1965] Section 121.367 Maintenance, preventive maintenance, and alterations programs. Each certificate holder shall have an inspection program and a program covering other maintenance, preventive maintenance, and alterations that ensures that - (a) Maintenance, preventive maintenance, and alterations performed by it, or by other persons, are performed in accordance with the certificate holder-s manual; (b) Competent personnel and adequate facilities and equipment are provided for the proper performance of maintenance, preventive maintenance, and alterations; and (c) Each aircraft released to service is airworthy and has been properly maintained for operation under this part. [Doc. No. 6258, 29 FR 19210, Dec. 31, 1964, as amended by Amdt. 121-100, 37 FR 28053, Dec. 20, 1972] Section 121.368 Contract maintenance. (a) A certificate holder may arrange with another person for the performance of maintenance, preventive maintenance, and alterations as authorized in Section 121.379(a) only if the certificate holder has met all the requirements in this section. For purposes of this section - (1) A maintenance provider is any person who performs maintenance, preven- tive maintenance, or an alteration for a certificate holder other than a person who is trained by and employed directly by that certificate holder. (2) Covered work means any of the following: (i) Essential maintenance that could result in a failure, malfunction, or defect endangering the safe operation of an aircraft if not performed properly or if improper parts or materials are used; (ii) Regularly scheduled maintenance; or (iii) A required inspection item on an aircraft. (3) Directly in charge means having responsibility for covered work performed by a maintenance provider. A representative of the certificate holder directly in charge of covered work does not need to physically observe and direct each maintenance provider constantly, but must be available for consultation on matters requiring instruction or decision. (b) Each certificate holder must be directly in charge of all covered work done for it by a maintenance provider. (c) Each maintenance provider must perform all covered work in accordance with the certificate holder-s maintenance manual. (d) No maintenance provider may perform covered work unless that work is carried out under the supervision and control of the certificate holder. (e) Each certificate holder who contracts for maintenance, preventive maintenance, or alterations must develop and implement policies, procedures, methods, and instructions for the accomplishment of all contracted maintenance, preventive maintenance, and alterations. These policies, procedures, methods, and instructions must provide for the maintenance, preventive maintenance, and alterations to be performed in accordance with the certificate holder-s maintenance program and maintenance manual. (f) Each certificate holder who contracts for maintenance, preventive maintenance, or alterations must ensure that its system for the continuing analysis and surveillance of the maintenance, preventive maintenance, and alterations carried out by the maintenance provider, as required by Section 121.373(a), contains procedures for 144 VerDate Sep<11>2014 08:20 May 17, 2019 Jkt 247048 PO 00000 Frm 00154 Fmt 8010 Sfmt 8010 Y:\SGML\247048.XXX 247048