AEA Tells ANN That They Have Some Questions About Recent FAA Rule-Making

REFERENCE: September 1, 2006, Federal Register, Page 52249

SUMMARY:

In response to statutory changes mandated by Congress in The Federal Aviation Reauthorization Act of 1996, Vision 100, and SAFETEA-LU, the FAA is mandating written permission to use STC data for follow-on installations.

In those statutes, Congress specifically revised the provisions of 49 U.S.C. 44704 that addresses the use of TCs and STCs. As a result of the congressional mandate, Section 21.120 was added, which applies to the STC holder and Section 91.403(d), which applies to the owner and/or operator requesting an alteration to their aircraft.

These new rules became effective on October 2, 2006

MAJOR HIGHLIGHTS:

Section 21.120 requires an STC holder who allows another person to use that STC to alter an aircraft, aircraft engine, or propeller, to provide that person with written permission acceptable to the FAA. The new rules reads as follows:

Sec. 21.120 Responsibility of supplemental type certificate holders to provide written permission for alterations.

A supplemental type certificate holder who allows a person to use the supplemental type certificate to alter an aircraft, aircraft engine, or propeller must provide that person with written permission acceptable to the FAA.

This new section requires the holder of a supplemental type certificate (such as the manufacturer of avionics equipment) who agrees to permit another person (such as an avionics shop) to use a supplemental type certificate to alter an aircraft, aircraft engine, or propeller to provide that person with written permission.

This written permission would be known as the "permission statement."

To be acceptable to the FAA, the form of the permission statement should contain at least the following:

• A written statement of the agreement specifying product(s) to be altered;
• The STC number; and
• The name of the person(s) given consent to use the STC.
• The STC holder may include more information, such as the effective date of the permission and how many times the STC may be used for fleets of aircraft.

The FAA also added a new Section 91.403(d) establishing a requirement that a person may only alter an aircraft based on a supplemental type certificate if the owner or operator of the aircraft is the holder of the supplemental type certificate or has written permission from the holder. The new rule reads as follows:

Sec. 91.403 General.

(d) A person must not alter an aircraft based on a supplemental type certificate unless the owner or operator of the aircraft is the holder of the supplemental type certificate, or has written permission from the holder.

Each person who alters an aircraft based on another person's STC, including a person making an alteration for a product owner or operator, should be aware of the statutory requirement for the person requesting the change to have the permission of the STC holder before performing the alteration.

The statute also clearly prohibits a person from performing the alteration unless the person requesting the change has the permission of the STC holder.

To ensure their own compliance with the statutory requirement, the mechanic, repair station, or other facility making the installation should request to see a copy of the written permission provided by the STC holder to the person requesting the change.

The installer, mechanic, or repair station who has obtained permission directly from the STC holder to use the STC should also furnish a copy of the STC holder's permission statement to the owner or operator of the modified product to ensure the owner's compliance with statutory and regulatory requirements.

AEA COMMENTARY:

This new rule still has some questions that must be answered. While the law and the regulation specifically addresses STC data, in the installation of avionics equipment we typically do not use the STC data, but rather use the OEM installation manual and a draft FMS "template" supplied by the OEM and reference the original installation performed under the OEM STC. At this time it is not clear if merely identifying the initial GPS installation STC is considered "use of the STC data" as specified in the law.

AEA is currently researching this and other questions and will provide the information to the membership as soon as it becomes available. In the interim, AEA recommends that every installation that cites an STC as the basis for installation have written permission to use the STC data.

FMI: www.aea.net, ricp@aea.net