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