Could Lead To Easier Access To Antique Aircraft Plans

A nearly 9 year legal battle over a Freedom of Information Act (FOIA) request which went all the way to the Supreme Court has finally apparently been resolved, with the result being the possible restoration of a rare Fairchild 45 aircraft.

According to the Antique Aircraft Association's website, an FOIA request was filed in 2002 by association Executive Director Brent Taylor for drawings and data associated with the 1930's era four-place taildragger. But the FAA denied the request, saying he had to obtain permission to copy the plans from the owner of the original Type Certificate (TC). That company, Fairchild Aircraft, has long since gone to its reward, and there is no record of the TC being transferred to any other entity, according to an article written by attorney Michael Pangia for the association.

After a unanimous decision in favor of Mr. Taylor in the U.S. Supreme Court, the case was handed back to the U.S. District Court, where Judge Ricardo M. Urbina ruled in favor of the association on January 19th. According to the ruling:

• Once manufacturer authorized disclosure of its materials, they were no longer secret for purposes of FOIA's trade secrets exemption;
• Secret status of the materials was not restored when manufacturer revoked its authorization to disclosure; and
• The materials were not commercially valuable, and, thus, did not fall within FOIA's trade secrets exemption.

The association says on its blog that it hopes that the decision will lead to easier access to such technical data on antique aircraft in the future.

FMI: www.antiqueairfield.com